Pier Park Community Development District

Board of Supervisors’ Budget Workshop May 10, 2021

District Office:
120 Richard Jackson Blvd, Suite 220 Panama City Beach, Florida 32407 850-334-9055

www.pierparkcdd.org

PIER PARK COMMUNITY DEVELOPMENT DISTRICT AGENDA

Rizzetta & Company, Inc., 120 Richard Jackson Boulevard, Suite 220, Panama City Beach, FL 32407

District Board of Supervisors	Chris Tilley
Marek Bakun	Chairman
Vice Chairman	
	Lee Ann Leonard	Board Member	
	Ken Goldberg Chris Tilley Jr	Assistant Secretary Assistant Secretary	
District Manager	Kimberly O’Mera	Rizzetta & Company, Inc	
District Counsel	Joseph Brown	Hopping Green & Sams, P.A.	
District Engineer	Robert Carroll	McNeil Carroll, Engineering, Inc.	

All cellular phones must be placed on mute while in the meeting room.

The Audience Comment portion of the agenda is where individuals may make comments on matters that concern the District. Individuals are limited to a total of three
minutes to make comments during this time.

Pursuant to provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this meeting/hearing/workshop is asked to advise the District Office at least forty-eight (48) hours before the meeting/hearing/workshop by contacting the District Manager at (850) 334-9055. If you are hearing or speech impaired, please contact the Florida Relay Service by dialing 7-1- 1, or 1-800-955-8771 (TTY)1-800-955-8770 (Voice), who can aid you in contacting the District Office.

A person who decides to appeal any decision made at the meeting/hearing/workshop with respect to any matter considered at the meeting/hearing/workshop is advised that person will need a record of the proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made including the testimony and evidence upon which the appeal is to be based.

PIER PARK COMMUNITY DEVELOPMENT DISTRICT
DISTRICT OFFICE  120 RICHARD JACKSON BLVD  SUITE 220 PANAMA CITY BEACH, FL 32407
www.PierParkCDD.org

Board of Supervisors Pier Park Community Development District

Dear Board Members:

May 3, 2021

AGENDA

The regular meeting of the Board of Supervisors of the Pier Park Community Development District will be held on Monday, May 10, 2021 2021 at 10:00 a.m. (CDT) at the City of Panama City Beach City Hall, 17007 Panama City Beach Parkway, Panama City Beach, FL 32413. The following is the tentative agenda for this meeting:
CALL TO ORDER/ROLL CALL
AUDIENCE COMMENTS
BUSINESS ADMINISTRATION
Consideration of the Minutes of the Board of Supervisors Regular Meeting held on February 8, 2021	Tab 1
Ratification of Operation and Maintenance Expenditures for
January 2021 – March 2021	Tab 2
Ratification of Operation and Maintenance Expenditures from
OLTR Fund for January 2021 – March 202	Tab 3
BUSINESS ITEMS
Presentation of Proposed Budget for Fiscal Year 2021/2022	Tab 4
Consideration of Resolution 2021-04, Approving Proposed Budget and setting a Public Hearing	Tab 5
Consideration of Resolution 2021-05, Declaring Special Assessments	Tab 6
Consideration of Resolution 2021-08, Intent to Utilize Uniform
Method of Collection	Tab 7
Consideration of Resolution 2021-09, Setting a Public Hearing
on Uniform Method of Collection	Tab 8
Consideration of Landscape Maintenance Agreement with City
of Panama City Beach	Tab 9
Ratification of Assignment and Amendment to the Janitorial Agreement – Universal Building Maintenance LLC dba Allied
Universal Janitorial Services	Tab 10
Consideration of Resolution 2021-06, Designating Public
Hearing on Rules of Procedure	Tab 11
Consideration of Resolution 2021-07, Designating a Date, Time
and Location for Landowners’ Meeting	Tab 12
Discussion Regarding Beachfront Maintenance…	Tab 13

Pier Park Community Development District
Agenda – Page 2 May 3, 2021
STAFF REPORTS
District Counsel
Consideration of E-Verify
Memo of Understanding/Requirements	Tab 14
District Engineer
District Manager
Presentation of Registered Voter Count	Tab 15
Property Manager
SUPERVISOR REQUESTS
ADJOURNMENT

I look forward to seeing you at the meeting. In the meantime, if you have any questions, please do not hesitate to call me at 850-334-9055.

Sincerely, Kimberly O’Mera Kimberly O’Mera District Manager

Tab 1

PIER PARK COMMUNITY DEVELOPMENT DISTRICT
February 8, 2021 Minutes of Meeting
Page 1

1
2	MINUTES OF MEETING
3
Each person who decides to appeal any decision made by the Board with respect
to any matter considered at the meeting is advised that the person may need to
ensure that a verbatim record of the proceedings is made, including the
testimony and evidence upon which such appeal is to be based.
8
9	PIER PARK
10	COMMUNITY DEVELOPMENT DISTRICT
11
The regular meeting of the Board of Supervisors for Pier Park Community
Development District was held on Monday, February 8, 2021 at 10:03 a.m. (Central
Time) at The Panama City Beach City Hall located at 17007 Panama City Beach
Parkway, Panama City Beach, FL 32413.
16
17 Present:
18
Chris Tilley Sr.	Board Supervisor, Chairman
Marek Bakun	Board Supervisor, Vice Chairman
Ken Goldberg	Board Supervisor, Assistant Secretary
Chris Tilley Jr.	Board Supervisor, Assistant Secretary
23
24
25 Also present were:
26
Kimberly O’Mera	District Manager, Rizzetta & Company, Inc.
Joseph Brown	District Counsel, Hopping Green & Sams
(via speakerphone)
Martin Horak	Property Manager
(via speakerphone)
Audience	Present
33
34 FIRST ORDER OF BUSINESS	Call to Order
35
Ms. O’Mera called the meeting to order at 10:03 a.m. (CDT) and conducted roll call,
confirming a quorum for the meeting.
38
39	SECOND ORDER OF BUSINESS	Audience Comments	
40			
41	There were no audience comments.		
42			
43	THIRD ORDER OF BUSINESS	Acceptance of Resignation –	
44		Supervisor Wes Payne	
45			

PIER PARK COMMUNITY DEVELOPMENT DISTRICT
February 8, 2021 Minutes of Meeting
Page 2

On a Motion by Mr. Tilley, seconded by Mr. Bakun, with all in favor, the Board accepted the resignation of Supervisor Wes Payne for Pier Park Community Development District.

47
FOURTH ORDER OF BUSINESS	Consideration of Candidate for Vacant
Seat
50
51
On a Motion by Mr. Goldberg, seconded by Mr. Tilley, with all in favor, the Board appointed Lee Ann Leonard to Vacant Seat #5 as Assistant Secretary for Pier Park Community Development District.
52
53 FIFTTH ORDER OF BUSINESS	Administration of Oath of Office
54
55	Ms. O’Mera administered the Oath of Office to Lee Ann Leonard.
56
SIXTH ORDER OF BUSINESS	Consideration of Minutes of the Board
of Supervisors Regular Meeting Held
on November 9, 2020
60
On a Motion by Mr. Goldberg, seconded by Mr. Tilley, with all in favor, the Board approved the Minutes of the Board of Supervisors’ Regular Meeting held on November 9, 2020, for Pier Park Community Development District.
61
SEVENTH ORDER OF BUSINESS	Ratification	of	Operation	and
Maintenance Expenditures for October
64	2020 – December 2020
65
Ms. O’Mera reviewed the expenditures for October 2020 through December 2020
with the Board.
68
On a Motion by Mr. Tilley, seconded by Mr. Goldberg, with all in favor, the Board ratified the Operation and Maintenance Expenditures for October 2020 in the amount of
$9,724.62, November 2020 in the amount of $10,235.21, and December 2020 in the amount of $27,934.85, for Pier Park Community Development District.
69
EIGHTH ORDER OF BUSINESS	Ratification of Operation and
Maintenance Expenditures for the
OLTR Fund for October 2020 –
December 2020
74
Ms. O’Mera reviewed the expenditures for the OTLR fund for October 2020
through December 2020 with the Board.

PIER PARK COMMUNITY DEVELOPMENT DISTRICT
February 8, 2021 Minutes of Meeting
Page 3

On a Motion by Mr. Bakun, seconded by Mr. Tilley, with all in favor, the Board ratified The OLTR Operation and Maintenance Expenditures for October 2020 in the amount of
$9,162.17, November 2020 in the amount of $10,311.85, and December 2020 in the amount of $22,379.37, for Pier Park Community Development District.

78
NINTH ORDER OF BUSINESS	Presentation of Amended and
Restated Rules of Procedure
81
Ms. O’Mera turned the presentation over to Mr. Brown. Mr. Brown will send a
memo to the Board highlighting the changes and he will monitor pending legislation for any
further changes required.
85
On a Motion by Mr. Tilley seconded by Ms. Leonard, with all in favor, the Board approved proceeding with the process of noticing Public Hearing on the proposed, Updated Rules of Procedure, for Pier Park Community Development District
86
TENTH ORDER OF BUSINESS	Consideration of Resolution 2021-02,
Designating a Public Hearing
89
Ms. O’Mera turned over the presentation of Resolution 2021-02 to Mr. Brown.
Mr. Brown noted that Resolution 2021-02 sets the May 10, 2021 meeting as a Public
Hearing.
93
On a Motion by Mr. Goldberg, seconded by Mr. Tilley Jr., with all in favor, the Board accepted Resolution 2021-02 Designating a Public Meeting, for Pier Park Community Development District.
94
ELEVENTH ORDER OF BUSINESS	Ratification of Rotolo Landscape
Maintenance Agreement and Work
Authorization No. 1
98
99	Ms. O’Mera	turned over the presentation to Mr. Horak. Mr. Horak presented and
advised there are no major changes to the scope of work except for the removal of Aaron
Bessant Park.

On a Motion by Mr. Tilley, seconded by Mr. Tilley Jr., with all in favor, the Board ratified the Rotolo Landscape Maintenance Agreement and Work Authorization No. 1, for Pier Park Community Development District.

TWELFTH ORDER OF BUSINESS	Discussion Regarding 2021-2022
Budget and Assessment

Ms. O’Mera turned over the presentation to Mr. Brown. Mr. Brown gave an
overview that the District, party to an agreement with the City of Panama City
Beach that dealt with the redevelopment of the area regarding how the improvements

PIER PARK COMMUNITY DEVELOPMENT DISTRICT
February 8, 2021 Minutes of Meeting
Page 4

would be
funded, including the rules to the party of the agreement. Under the PIPA, bonds were
issued to help facilitate the redevelopment of the property. Mr. Brown explained how the
District has been operating under this agreement. At the end of next Fiscal Year
(September 2022), there will be a change to the formula used to calculate how the
revenue flows to the District. Mr. Brown explained that there needs to be preparation for
shortfalls in OLTR fund and revenues for debt service. A special assessment can be
collected. Or the District can enter into funding agreements to fund the shortfall by
agreement. Mr. Brown suggested planning a Workshop for staff to work with the Board for
preparation of the Budget Adoption cycle. Discussion ensued.
120	 	 On a Motion by Mr. Tilley, seconded by Mr. Bakun, with all in favor, the Board approved authorizing staff to schedule a Workshop on April 7, 2021, for Pier Park Community Development District.
121
THIRTEENTH ORDER OF BUSINESS	Discussion Regarding Beachfront
Maintenance

Ms. O’Mera turned the discussion over to Mr. Brown. Mr. Brown advised the City is
Developing an RFP for the redevelopment of the beachfront, essentially to expand the bait
and tackle shop and other private activities. Under the current PIPA, the District is
responsible for ensuring and maintaining some of the improvements. The City is proposing
that the District eliminate its’ maintenance obligations for the beachfront. Mr. Brown wants
to ensure the same level of public investment of Pier Park. Mr. Brown asked for a motion
to authorize the chair to work with staff to continue conversations with the City.

On a Motion by Mr. Bakun, seconded by Mr. Goldberg, with all in favor, the Board approved authorizing the Chair to work with staff to continue conversations with the City as it relates to this business item, for Pier Park Community Development District.

FOURTEENTH ORDER OF BUSINESS	Staff Reports

A.	District Counsel

Mr. Brown reminded Supervisors about Florida Sunshine Laws.
Mr. Brown advised the Board on separating District and personal emails.
This ensures if a public records request is made it protects personal
information. He advised to contact staff or himself with any questions. He will
send out CDD101 information out to the new Supervisor.

B.	District Engineer

The District Engineer was not present.

	PIER PARK COMMUNITY DEVELOPMENT DISTRICT	
	February 8, 2021 Minutes of Meeting	
	Page 5	
149	C.	District Manager	
150			
151		Ms. O’Mera reminded the Board that the next meeting of the Board of	
152		Supervisors is being held on May 10, 2021 and the Board has approved a	
workshop that will take place April 7, 2021 at 10:00 a.m., at the same
location.

D.	Property Manager

Mr. Horak had no new business to report.

FIFTEENTH ORDER OF BUSINESS	Supervisor Requests

There were no Supervisor requests.

PIER PARK COMMUNITY DEVELOPMENT DISTRICT
February 8, 2021 Minutes of Meeting
Page 6

SIXTEENTH ORDER OF BUSINESS	Adjournment

On a Motion by Mr. Tilley, seconded by Mr. Bakun, with all in favor, the Board of Supervisors adjourned the meeting at 10:39 a.m., for Pier Park Community Development District.

196	 	

197
198
199
200	_	 	
201 Secretary/Assistant Secretary	Chairman/Vice Chairman

Tab 2

Pier Park Community Development District
DISTRICT OFFICE · 120 RICHARD JACKSON BLVD · SUITE 220 · PANAMA CITY BEACH, FL 32407

Operation and Maintenance Expenditures For Board Approval
January 2021

Attached please find the check register listing the Operation and Maintenance expenditures paid from January 1, 2021 through January 31, 2021. This does not include expenditures previously approved by the Board.

The total items being presented: $30,399.89

Approval of Expenditures:

 	 Chairperson

 	 Vice Chairperson

 	 Assistant Secretary

Pier Park Community Development District
Paid Operation & Maintenance Expenditures
January 1, 2021 Through January 31, 2021

Vendor Name	Check Number Invoice Number	Invoice Description	Invoice Amount

BCS Maintenance, LLC	004046	1118	Power Sweeping and Sidewalk Maintenance	1,009.05	

BCS Maintenance, LLC	
004056	
1175	12/20
Power Sweeping and Sidewalk Maintenance	
1,009.05	

City of Panama City Beach	
004052	
COPB Summary	01/21
Utility Summary 01/21	
858.11	
		01/21			
Gulf Power	004047	24000-03642	Summary Bill Master Account #24000-03642	1,891.22	
		12/20	12/20		
Hopping Green & Sams	004048	119161	General/Monthly Legal Services 11/20	2,300.00	
Hopping Green & Sams	004048	119162	Quarterly Board Meeting 11/20	1,292.50	
Hopping Green & Sams	004054	119630	General/Monthly Legal Services 12/20	2,723.58	
Rizzetta & Company, Inc.	004049	INV0000055473	District Management Fees 01/21	5,329.67	
Rizzetta Technology Services	004050	INV0000006708	Email/Website Hosting Services 01/21	175.00	
Rotolo Consultants, Inc.	004055	SM24573	Landscape Maintenance 12/20	10,759.15	
Ryerson's Electrical Service,	004051	7883	Service Street And Lot Lights	1,450.00	
Inc.
Simon Property Group, Inc.	
004057	
201135	
Management Fee 01/21	
950.66	
The Lake Doctors, Inc.	004058	549204	Monthly Lake Maintenance 01/21	431.90	

Pier Park Community Development District
Paid Operation & Maintenance Expenditures
January 1, 2021 Through January 31, 2021

Vendor Name	Check Number Invoice Number	Invoice Description	Invoice Amount

VGlobaltech	004053	2279	Web Design ADA Compliance	220.00

Report Total	 $		30,399.89	

Pier Park Community Development District
DISTRICT OFFICE · 120 RICHARD JACKSON BLVD · SUITE 220 · PANAMA CITY BEACH, FL 32407

Operation and Maintenance Expenditures For Board Approval
February 2021

Attached please find the check register listing the Operation and Maintenance expenditures paid from February 1, 2021 through February 28, 2021. This does not include expenditures previously approved by the Board.

The total items being presented: $18,413.12

Approval of Expenditures:

 	 Chairperson

 	 Vice Chairperson

 	 Assistant Secretary

Pier Park Community Development District
Paid Operation & Maintenance Expenditures
February 1, 2021 Through February 28, 2021

Vendor Name	Check Number Invoice Number	Invoice Description	Invoice Amount

BCS Maintenance, LLC	004066	1029	Power Sweeping and Sidewalk Maintenance	$	976.50	

Chris Tilley II	
004061	
CTJ020821	11/20
Board of Supervisors Meeting 02/08/21	
$	200.00	
Christopher Von Tilley	004074	CVT02082021	Board of Supervisors Meeting 02/08/21	$	200.00	
City of Panama City Beach	004059	COPB Summary	Utility Summary 02/21	$	363.69	
		02/21			
Gatehouse Media	004062	1026541-0121	Acct #1026541 Legal Advertising 1/21	$	132.26	
Gulf Power	004060	21039-60759	600 Pier Park Dr. Celebration Tower 01/21	$	443.43	
		01/21			
Gulf Power	004065	24000-03642	Summary Bill Master Account #24000-03642	$	1,919.01	
		01/21	01/21		
Hopping Green & Sams	004067	120238	General/Monthly Legal Services 01/21	$	5,402.50	
Hopping Green & Sams	004067	120239	Monthly Meeting 01/21	$	467.50	
Kenneth D Goldberg	004063	KG02082021	Board of Supervisors Meeting 02/08/21	$	200.00	
Lee Ann Leonard	004068	LAL02082021	Board of Supervisors Meeting 02/08/21	$	200.00	
Rizzetta & Company, Inc.	004069	INV0000056010	District Management Fees 02/21	$	5,329.67	
Rizzetta Technology Services	004070	INV0000006807	Email/Website Hosting Services 02/21	$	175.00	

Pier Park Community Development District
Paid Operation & Maintenance Expenditures
February 1, 2021 Through February 28, 2021

Vendor Name	Check Number Invoice Number	Invoice Description	Invoice Amount

Rotolo Consultants, Inc.	004064	121145-PP	Irrigation Repair 1/21	
Simon Property Group, Inc.	004071	201136	Management Fee 02/21	
The Lake Doctors, Inc.	004072	555062	Monthly Lake Maintenance 02/21	
VGlobaltech	004073	2355	Web Design ADA Compliance 02/21	

$	801.00	
$	950.66	
$	431.90	
 $		220.00	

 $		
18,413.12	

Report Total

Pier Park Community Development District
DISTRICT OFFICE · 120 RICHARD JACKSON BLVD · SUITE 220 · PANAMA CITY BEACH, FL 32407

Operation and Maintenance Expenditures For Board Approval
March 2021

Attached please find the check register listing the Operation and Maintenance expenditures paid from March 1, 2021 through March 31, 2021. This does not include expenditures previously approved by the Board.

The total items being presented: $24,370.97

Approval of Expenditures:

 	 Chairperson

 	 Vice Chairperson

 	 Assistant Secretary

Pier Park Community Development District
Paid Operation & Maintenance Expenditures
March 1, 2021 Through March 31, 2021

Vendor Name	Check Number Invoice Number	Invoice Description	Invoice Amount

BCS Maintenance, LLC	004075	1243	Power Sweeping and Sidewalk Maintenance	911.40	

BCS Maintenance, LLC	
004084	
1316	02/21
Power Sweeping and Sidewalk Maintenance	
1,069.95	

City of Panama City Beach	
004080	
COPB Summary	03/21
Utility Summary 02/21 February 21	
362.66	

Gulf Power	
004077	02/21 February 21
21039-60759	
600 Pier Park Dr. Celebration Tower 02/21	
89.97	
		02/21			
Gulf Power	004077	21092-86761	15700 LC Hilton JR Dr. - Irrigation 01/21	155.39	
		01/21			
Gulf Power	004077	21092-86761	15700 LC Hilton JR Dr. - Irrigation 02/21	232.80	
		02/21			
Gulf Power	004077	21092-86761	15700 LC Hilton JR Dr. - Irrigation 12/20	76.36	
		12/20			
Gulf Power	004076	24000-03642	Summary Bill Master Account #24000-03642	3,657.99	

Rizzetta & Company, Inc.	
004078	02/21
INV0000056977	02/21
District Management Fees 03/21	
5,329.67	
Rizzetta Technology Services	004079	INV0000006906	Email/Website Hosting Services 03/21	175.00	
Rotolo Consultants, Inc.	004085	SM27406	Landscape Maintenance 02/21	10,707.22	
Simon Property Group, Inc.	004081	201137	Management Fee 03/21	950.66	
The Lake Doctors, Inc.	004082	560895	Monthly Lake Maintenance 03/21	431.90	

Pier Park Community Development District
Paid Operation & Maintenance Expenditures
March 1, 2021 Through March 31, 2021

Vendor Name	Check Number Invoice Number	Invoice Description	Invoice Amount

VGlobaltech	004083	2432	Web Design ADA Compliance 03/21	220.00

Report Total	 $		24,370.97	

Tab 3

Pier Park Community Development District
DISlTRICT OFFICE · 120 RICHARD JACKSON BLVD · SUITE 220 · PANAMA CITY BEACH, FL 32407

Operation and Maintenance Expenditures For Board Approval
January 2021 OLTR Fund

Attached please find the check register listing the Operation and Maintenance expenditures paid from January 1, 2021 through January 31, 2021. This does not include expenditures previously approved by the Board.

The total items being presented: $50,110.66

Approval of Expenditures:

 	 Chairperson

 	 Vice Chairperson

 	 Assistant Secretary

Pier Park Community Development District OLTR Fund
Paid Operation & Maintenance Expenditures January 1, 2021 Through January 31, 2021

Vendor Name	Check Number Invoice Number	Invoice Description	Invoice Amount

118 Waste Pro - Panama City	021157	0001126913	Solid Waste Service 01/21	235.66	
BCS Maintenance, LLC	021148	1118	Power Sweeping and Sidewalk	912.95	

BCS Maintenance, LLC	
021153	
1175	Maintenance 12/20
Power Sweeping and Sidewalk	
912.95	

City of Panama City Beach	
021152	
COPB Summary 01/21	Maintenance 01/21 Utility Summary 01/21	
410.34	
ERMC, LLC	021154	313255	Janitorial Services 12/20	5,942.70	
Gulf Power	021149	24000-03642 12/20	Summary Bill Master Account #24000-	270.18	

Rizzetta & Company, Inc.	
021150	
INV0000055473	03642 12/20
District Management Fees 01/21	
948.09	
Simon Property Group, Inc.	021155	201135	Management Fee 01/21	2,160.14	
The Lake Doctors, Inc.	021156	549204	Monthly Lake Maintenance 01/21	185.10	
The St. Joe Company	021151	01052021	Promissory Note Payment 11/20	38,132.55	

Report Total	$	50,110.66

Pier Park Community Development District
DISlTRICT OFFICE · 120 RICHARD JACKSON BLVD · SUITE 220 · PANAMA CITY BEACH, FL 32407

Operation and Maintenance Expenditures For Board Approval
February 2021 OLTR Fund

Attached please find the check register listing the Operation and Maintenance expenditures paid from February 1, 2021 through February 28, 2021. This does not include expenditures previously approved by the Board.

The total items being presented: $19,694.91

Approval of Expenditures:

 	 Chairperson

 	 Vice Chairperson

 	 Assistant Secretary

Pier Park Community Development District OLTR Fund
Paid Operation & Maintenance Expenditures February 1, 2021 Through February 28, 2021

Vendor Name		Check Number Invoice Number		Invoice Description		 Invoice Amount	

118 Waste Pro - Panama City	
021161	
0001130138	
Solid Waste Service 02/21	
$	
471.32	
BCS Maintenance, LLC	021164	1029	Power Sweeping and Sidewalk	$	883.50	
			Maintenance 11/20			
City of Panama City Beach	021160	COPB Summary 02/21	Utility Summary 02/21	$	173.91	
Disposal Services LLC	021158	0000255594	Portable Toilet Service Monthly 1/21	$	400.00	
ERMC, LLC	021165	316361	Janitorial Services 01/21	$	5,942.70	
Gulf Power	021163	24000-03642 01/21	Summary Bill Master Account #24000-	$	274.15	
			03642 01/21			
Rizzetta & Company, Inc.	021166	INV0000056010	District Management Fees 02/21	$	948.09	
Rotolo Consultants, Inc.	021162	121145-PP1	Irrigation Repair 1/21	$	856.00	
Ryerson's Electrical Service, Inc.	021159	7893	Replace Fluorescent Lights 01/21	$	2,800.00	
Ryerson's Electrical Service, Inc.	021159	7894	Replaced Light Fixtures 01/21	$	4,600.00	
Simon Property Group, Inc.	021167	201136	Management Fee 02/21	$	2,160.14	
The Lake Doctors, Inc.	021168	555062	Monthly Lake Maintenance 02/21	$		185.10	

Pier Park Community Development District OLTR Fund
Paid Operation & Maintenance Expenditures February 1, 2021 Through February 28, 2021

Vendor Name	Check Number Invoice Number	Invoice Description	Invoice Amount

Report Total	$	19,694.91

Pier Park Community Development District
DISlTRICT OFFICE · 120 RICHARD JACKSON BLVD · SUITE 220 · PANAMA CITY BEACH, FL 32407

Operation and Maintenance Expenditures For Board Approval
March 2021 OLTR Fund

Attached please find the check register listing the Operation and Maintenance expenditures paid from March 1, 2021 through March 31, 2021. This does not include expenditures previously approved by the Board.

The total items being presented: $14,661.48

Approval of Expenditures:

 	 Chairperson

 	 Vice Chairperson

 	 Assistant Secretary

Pier Park Community Development District OLTR Fund
Paid Operation & Maintenance Expenditures March 1, 2021 Through March 31, 2021

Vendor Name	Check Number Invoice Number	Invoice Description	Invoice Amount

BCS Maintenance, LLC	021169	1243	Power Sweeping and Sidewalk	824.60	

BCS Maintenance, LLC	
021177	
1316	Maintenance 02/21
Power Sweeping and Sidewalk	
968.05	

City of Panama City Beach	
021173	
COPB Summary 02/21	Maintenance 03/21
Utility Summary 02/21 February 21	
173.42	

ERMC, LLC	
021174	February 21
318622	
Janitorial Services 02/21	
5,942.70	
Gulf Power	021170	24000-03642 02/21	Summary Bill Master Account #24000-	522.58	

Rizzetta & Company, Inc.	
021171	
INV0000056977	03642 02/21
District Management Fees 03/21	
948.09	
Simon Property Group, Inc.	021175	201137	Management Fee 03/21	2,160.14	
TEK Distributors, Inc.	021172	391624	Restroom Supplies 02/21	763.00	
TEK Distributors, Inc.	021172	391834	Restroom Supplies 02/21	875.44	
TEK Distributors, Inc.	021172	391848	Restroom Supplies 02/21	17.66	
TEK Distributors, Inc.	021178	392460	Restroom Supplies 03/21	1,280.70	
The Lake Doctors, Inc.	021176	560895	Monthly Lake Maintenance 03/21	185.10	

Report Total				
$	14,661.48	

Tab 4

Pier Park Community Development District
http://pierparkcdd.org

Proposed Budget for Fiscal Year 2021-2022 Presented by: Rizzetta & Company, Inc.

120 Richard Jackson Blvd.
Suite 220
Panama City Beach, FL 32407 Phone: 850-334-9055

rizzetta.com

TABLE OF CONTENTS

Page

General Fund Budget for Fiscal Year 2021-2022	1	
General Fund AB Park & Beachfront Budget for Fiscal Year 2021-2022	3	
Debt Service Fund Budget for Fiscal Year 2021-2022	5	
Assessment Charts for Fiscal Year 2021-2022	6	
General Fund Budget Account Category Descriptions	8	
Reserve Fund Budget Account Category Descriptions	15	
Debt Service Fund Budget Account Category Descriptions	16	

1

Proposed Budget
Pier Park Community Development District General Fund
Fiscal Year 2021-2022

Chart of Accounts Classification	Actual YTD
through 03/31/21	Projected Annual Totals 2020/2021	
Annual Budget for 2020/2021	Projected Budget variance for 2020/2021	
Budget for 2021/2022	
Budget Increase (Decrease) vs 2020/2021	

Comments	
1									
2	REVENUES								
3									
18	Special Assessments								
20	Tax Roll*	$ 180,182	$ 360,364	$ 360,364	$	-	$ 360,364	$	-	Actual allocations to be determined at final certification of rolls.	
31									
32	TOTAL REVENUES	$ 180,182	$ 360,364	$ 360,364	$	-	$ 360,364	$	-		
33									
34	Balance Forward from Prior Year	$	-	$	-	$	-	$	-	$	-	$	-		
35									
36	TOTAL REVENUES AND BALANCE FORWARD	$ 180,182	$ 360,364	$ 360,364	$	-	$ 360,364	$	-		
37									
38	*Allocation of assessments between the Tax Roll and Off Roll are estimates only and subject to change prior to		
39									
40	EXPENDITURES - ADMINISTRATIVE								
41									
42	Legislative								
43	Supervisor Fees	$	1,200	$	2,400	$	3,200	$	800	$	3,200	$	-	4 Supervisors receive pay/4 Meetings	
44	Financial & Administrative								
45	Administrative Services	$	4,664	$	9,328	$	9,328	$	-	$	9,328	$	-	Maintained at same rate.	
46	District Management	$ 15,525	$ 31,050	$ 31,050	$	-	$ 31,050	$	-	Maintained at same rate.	
47	District Engineer	$	-	$	-	$	1,200	$	1,200	$	1,200	$	-	Maintained at same rate.	
49	Trustees Fees	$	2,200	$	3,512	$	3,512	$	-	$	3,512	$	-	Maintained at same rate.	
51	Financial & Revenue Collections	$	2,625	$	5,250	$	5,250	$	-	$	5,250	$	-	Maintained at same rate.	
52	Accounting Services	$	9,164	$ 18,328	$ 18,328	$	-	$ 18,328	$	-	Maintained at same rate.	
53	Auditing Services	$	-	$	4,400	$	4,400	$	-	$	4,400	$	-	Per agreement - NTE $4,400 through 2022	
54	Arbitrage Rebate Calculation	$	-	$	450	$	450	$	-	$	450	$	-	Amtec - $450 yr. through 2024	
59	Public Officials Liability Insurance	$	2,960	$	2,960	$	3,101	$	141	$	3,256	$	155	Per Egis projections.	
60	Legal Advertising	$	426	$	2,000	$	2,000	$	-	$	2,000	$	-	Maintained at same rate.	
62	Dues, Licenses & Fees	$	175	$	175	$	175	$	-	$	175	$	-	$175 due annually to the State.	
66	Website Hosting, Maintenance, Backup (and	$	2,370	$	4,740	$	4,200	$	(540)	$	4,200	$	-	Maintained at same rate.	
67	Legal Counsel								
68	District Counsel	$ 16,451	$ 42,500	$ 42,500	$	-	$ 42,500	$	-	Maintained at same rate.	
73									
74	Administrative Subtotal	$ 57,760	$ 127,093	$ 128,694	$	1,601	$ 128,849	$	155		
75									
76	EXPENDITURES - FIELD OPERATIONS								
77									

2

Proposed Budget
Pier Park Community Development District General Fund
Fiscal Year 2021-2022

Chart of Accounts Classification	Actual YTD
through 03/31/21	Projected Annual Totals 2020/2021	
Annual Budget for 2020/2021	Projected Budget variance for 2020/2021	
Budget for 2021/2022	
Budget Increase (Decrease) vs 2020/2021	

Comments	
90	Electric Utility Services								
91	Utility Services	$	6,526	$ 25,000	$ 25,000	$	-	$ 25,000	$	-	Maintained at same rate per historical use.	
103	Water-Sewer Combination Services								
104	Utility Services	$	6,925	$ 14,980	$ 15,500	$	520	$ 15,500	$	-	Maintained at same rate per historical use.	
111	Stormwater Control								
112	Lake/Pond Bank Maintenance	$	600	$	4,000	$	4,000	$	-	$	4,000	$	-	Maintained at same rate.	
113	Aquatic Maintenance	$	2,591	$	5,183	$	5,183	$	-	$	5,183	$	-	Maintained at same rate.	
114	Stormwater Assessment	$	41	$	41	$	36	$	(5)	$	41	$	5	Increased based on actuals.	
130	General Liability/Property Insurance	$	4,749	$	4,749	$	4,635	$	(114)	$	4,635	$	-	Per Egis projections.	
135	Landscape Maintenance	$ 46,952	$ 55,278	$ 55,278	$	-	$ 55,378	$	100	Included Palm Tree Fertilization	
136	Landscape Replacement Plants, Shrubs, Trees	$	1,205	$	6,200	$	6,200	$	-	$	6,200	$	-	Maintained at same rate.	
137	Landscape - Mulch	$ 10,819	$ 26,025	$ 26,025	$	-	$ 26,025	$	-	Maintained at same rate.	
138	Entry & Walls Beach Ball Maintenance	$	-	$	2,500	$	2,500	$	-	$	2,500	$	-	Maintained at same rate.	
139	Irrigation Maintenance	$	4,383	$ 10,000	$ 10,000	$	-	$ 10,000	$	-	Maintained. Repairs as required.	
140	Contract Seasonal Maintenance Services	$	2,241	$	5,775	$	5,775	$	-	$	5,775	$	-	Maintained at same rate.	
141	Oak Tree Trimming Services	$	-	$	8,000	$	8,000	$	-	$	8,000	$	-	Maintained at same rate.	
142	Landscape Tree Service	$	4,072	$	8,144	$ 10,000	$	1,856	$ 10,000	$	-	Maintained at same rate.	
143	Palm Fertilization	$	-	$	100	$	100	$	-	$	-	$	(100)	Recommend consolidate with Landscape Maintenance	
153	Road & Street Facilities								
155	Street/ Parking Lot Sweeping	$	-	$ 11,500	$ 11,500	$	-	$ 11,500	$	-	Maintained at same rate.	
156	Street Light Decorative Light Maintenance	$	1,450	$	4,000	$	4,000	$	-	$ 12,500	$	8,500	Anticipated LED Conversion	
158	Sidewalk Repair & Maintenance	$	5,985	$ 14,000	$ 14,000	$	-	$ 12,870	$	(1,130)	Reduced slightly to maintain proposed budget total.	
159	Parking Lot Repair & Maintenance	$	-	$	4,500	$	5,000	$	500	$	5,000	$	-	Maintained at same rate.	
167	Management Contract	$	1,454	$ 11,408	$ 11,408	$	-	$ 11,408	$	-	Maintained at same rate.	
218	Contingency								
220	Miscellaneous Contingency	$	287	$	287	$	7,530	$	7,243	$	-	$	(7,530)	Reduced to maintain proposed budget total.	
223									
224	Field Operations Subtotal	$ 100,280	$ 221,670	$ 231,670	$ 10,000	$ 231,515	$	(155)		
225									
226	Contingency for County TRIM Notice								
227									
228	TOTAL EXPENDITURES	$ 158,040	$ 348,763	$ 360,364	$ 11,601	$ 360,364	$	-		
229									
230	EXCESS OF REVENUES OVER	$ 22,142	$ 11,601	$	-	$ 11,601	$	-	$	-		
231									

3

Proposed Budget
Pier Park Community Development District GF Fund AB & Park & Beachfront
Fiscal Year 2021/2022

Chart of Accounts Classification	Actual YTD
through
03/31/21	Projected Annual Totals 2020/2021	Annual Budget for 2020/2021	Projected Budget variance for 2020/2021	
Budget for 2021/2022	Budget Increase (Decrease) vs 2020/2021	
Comments	
1									
2	REVENUES								
3									
4	Local Business Tax Revenue								
5	Occupational License Tax Revenue	$ 53,729	$ 1,116,549	$ 1,116,549	$	-	$ 1,116,549	$	-	Maintained at same rate/monitor prior to final.	
12	Interest Earnings								
13	Interest Earnings	$	38	$	76	$	-	$	76		$	-		
31									
32	TOTAL REVENUES	$ 53,767	$ 1,116,625	$ 1,116,549	$	76	$ 1,116,549	$	-		
33									
34	Balance Forward from Prior Year	$	-	$	-	$	-	$	-	$	-	$	-		
35									
36	TOTAL REVENUES AND BALANCE FORWARD	$ 53,767	$ 1,116,625	$ 1,116,549	$	76	$ 1,116,549	$	-		
37									
38	*Allocation of assessments between the Tax Roll and Off Roll are estimates only and subject to change prior to certification.		
39									
40	EXPENDITURES - ADMINISTRATIVE								
41									
44	Financial & Administrative								
52	Accounting Services	$	5,689	$	11,377	$	11,377	$	-	$	11,377	$	-	Maintained at same rate.	
71	Debt Service								
72	Promissory Note Payment	$ 38,133	$	800,000	$	800,000	$	-	$	800,000	$	-	*Projection will be updated after July calculations.	
73									
74	Administrative Subtotal	$ 43,822	$	811,377	$	811,377	$	-	$	811,377	$	-		
75									
76	EXPENDITURES - FIELD OPERATIONS								
77									
111	Stormwater Control								
112	Lake/Pond Bank Maintenance	$	-	$	618	$	618	$	-	$	618	$	-	Maintained at same rate.	
113	Aquatic Maintenance	$	1,111	$	2,221	$	2,221	$	-	$	2,221	$	-	Maintained at same rate.	
125	Other Physical Environment								
130	General Liability/Property Insurance	$ 11,280	$	11,280	$	11,024	$	(256)	$	13,503	$	2,479	Based on Egis projections.	
145	Landscape - Mulch	$	-	$	10,797	$	10,797	$	-	$	10,797	$	-	Maintained at same rate.	
146	Oak Tree Trimming Services	$	2,640	$	3,500	$	3,500	$	-	$	5,280	$	1,780	Slight increase based on projections.	
147	Landscape Tree Service	$	-	$	12,988	$	13,035	$	47	$	13,035	$	-	Maintained at same rate.	
153	Road & Street Facilities								
156	Street Light Decorative Light Maintenance	$	-	$	8,100	$	8,250	$	150	$	8,250	$	-	Maintained/LED Conversations	
159	Parking Lot Repair & Maintenance	$	-	$	9,500	$	10,000	$	500	$	10,000	$	-	Maintained at same rate.	
160	Street/Parking Lot Sweeping	$	5,415	$	10,500	$	10,500	$	-	$	10,500	$	-	Maintained at same rate.	
162	Parks & Recreation								
167	Management Contract	$	3,701	$	25,922	$	25,922	$	-	$	25,922	$	-	Maintained at same rate.	
168	Park Landscape Maintenance	$	4,303	$	41,357	$	41,357	$	-	$	41,357	$	-	Maintained at same rate.	
169	Park Landscape Replacement Plants, Shrubs, Trees	$	-	$	2,000	$	2,000	$	-	$	2,000	$	-	Maintained at same rate.	
170	Beachfront Improvement Landscape Maintenance	$	-	$	4,090	$	4,090	$	-	$	4,090	$	-	Maintained at same rate.	

4

Proposed Budget
Pier Park Community Development District GF Fund AB & Park & Beachfront
Fiscal Year 2021/2022

Chart of Accounts Classification	Actual YTD
through
03/31/21	Projected Annual Totals 2020/2021	Annual Budget for 2020/2021	Projected Budget variance for 2020/2021	
Budget for 2021/2022	Budget Increase (Decrease) vs 2020/2021	
Comments	
171	Beachfront Improvement Landscape Replacement	$	-	$	2,500	$	2,500	$	-	$	2,500	$	-	Maintained, as needed replacements.	
172	Park Restroom Janitorial Service	$	-	$	19,000	$	19,000	$	-	$	24,192	$	5,192	Slight increase based on projections and updated line item description	
173	Park Restroom Repair & Maintenance	$	7,860	$	8,150	$	4,250	$	(3,900)	$	4,250	$	-	Maintained at same rate. Special projects FY20/21	
177	Beachfront Janitorial Service	$ 41,216	$	39,000	$	39,000	$	-	$	56,448	$	17,448	Increase based on projections.	
178	Beachfront Janitorial Supplies	$	6,718	$	7,750	$	7,750	$	-	$	13,000	$	5,250	Increased based on cost of materials.	
179	Beachfront Improvement Repairs	$	-	$	10,000	$	10,000	$	-	$	10,000	$	-	Maintained at same rate.	
180	Beachfront Improvement/Capital Improvement	$	-	$	8,000	$	8,000	$	-	$	8,000	$	-	Maintained at same rate.	
181	Beachfront Improvement Electrical Utlity	$	835	$	1,670	$	3,300	$	1,630	$	3,300	$	-	Maintained at same rate.	
182	Beachfront Improvement Water/Sewer	$	3,019	$	6,038	$	7,500	$	1,462	$	8,500	$	1,000	Slight increase based on projections.	
183	Beachfront Improvement Irrigation Repairs	$	856	$	1,712	$	2,000	$	288	$	2,000	$	-	Maintained at same rate.	
184	Park Irrigation Repairs & Maintenance	$	-	$	-	$	1,250	$	1,250	$	1,250	$	-	Maintained at same rate.	
185	Park Irrigation Inspection Contract	$	-	$	5,408	$	5,408	$	-	$	5,408	$	-	Maintained at same rate.	
186	Park Solid Waste Removal	$	1,381	$	2,762	$	2,700	$	(62)	$	2,900	$	200	Slight increase based on projections.	
187	Park Recreational Equipment	$	-	$	4,800	$	4,800	$	-	$	4,800	$	-	Maintained at same rate.	
218	Contingency								
220	Miscellaneous Contingency	$	400	$	3,900	$	44,400	$	40,500	$	11,051	$	(33,349)	Reduced to maintain proposed budget total.	
223									
224	Field Operations Subtotal	$ 90,735	$	263,563	$	305,172	$	41,609	$	305,172	$	-		
225									
226	Contingency for County TRIM Notice								
227									
228	TOTAL EXPENDITURES	$ 134,557	$ 1,074,940	$ 1,116,549	$	41,609	$ 1,116,549	$	-		
229									
230	EXCESS OF REVENUES OVER EXPENDITURES	$ (80,790)	$	41,685	$	-	$	41,685	$	-	$	-		
231									

5

Pier Park Community Development District Debt Service
Fiscal Year 2021/2022

Chart of Accounts Classification	Series 2014	Budget for 2021/2022	
			
REVENUES			
Special Assessments			
Net Special Assessments	$442,272.44	$442,272.44	
OLTR/TIR Contribution	$696,724.31	$696,724.31	
			
TOTAL REVENUES	$1,138,996.75	$1,138,996.75	

EXPENDITURES			
Administrative			
Financial & Administrative			
Debt Service Obligation	$1,138,996.75	$1,138,996.75	
Administrative Subtotal	$1,138,996.75	$1,138,996.75	
			
TOTAL EXPENDITURES	$1,138,996.75	$1,138,996.75	
			
EXCESS OF REVENUES OVER EXPENDITURES	$0.00	$0.00	

Collection Costs (2%) and Early Payment Discount (4%) applicable to the county:	6.0%

Gross assessments	$1,211,698.67

Notes:
Tax Roll Collection Costs and Early Payment Discount percentages are 6% of Tax Roll. Budgeted net of tax roll assessments. See Assessment Table.

Pier Park Community Development District 

FISCAL YEAR 2021/2022 O&M & DEBT SERVICE ASSESSMENT SCHEDULE

PER PRODUCT ANNUAL ASSESSMENT

Proposed Increase / Decrease

6

2021/2022 O&M Budget	$360,364.00	
Bay County 2% Collection Cost	$7,667.32	
4% Early Payment Discounts	 	$15,334.64		
2021/2022 Total	$383,365.96	

2020/2021 O&M Budget	$360,364.00	
2021/2022 O&M Budget	 	$360,364.00		
Total Difference:	 	$0.00		

	2020/2021	2021/2022	$	%	
Debt Service - Retail/Commercial (2)	N/A	$383,322.73	N/A	N/A	
Operations/Maintenance - Retail/Commercial	N/A	$312,331.73	N/A	N/A	
Total (1)		$695,654.46	N/A	N/A	

Debt Service - Hotel (2)	
N/A	
$56,779.84	
N/A	
N/A	
Operations/Maintenance - Hotel	N/A	$46,264.27	N/A	N/A	
Total (1)		$103,044.11	N/A	N/A	

Debt Service - Time Share (2)	
N/A	
$30,400.02	
N/A	
N/A	
Operations/Maintenance - Time Share	N/A	$24,769.96	N/A	N/A	
Total (1)		$55,169.98	N/A	N/A	

(1) General Funnd and Debt Service budgets for FY 2020-2021 (and prior years) were fully funded by OLTR and TIF revenue as well as contributions from the developer. Fiscal Year 2021-2022 will be the first time assessments are levied as shown above.

(2) The Debt Service Total Assessment represents the balance due as a result of the scheduled OLTR funding shortfall.

7

PIER PARK
FISCAL YEAR 2021/2022 O&M & DEBT SERVICE ASSESSMENT SCHEDULE TOTAL O&M BUDGET	$360,364.00
COLLECTION COSTS @	2.0%			$7,667.32 EARLY PAYMENT DISCOUNTS @	4.0%	 	$15,334.64	
TOTAL O&M ASSESSMENT	 	$383,365.96	

SERIES 2014	
			 	ALLOCATION OF O&M ASSESSMENT		     DEBT SERVICE		ANNUAL ASSESSMENT PER	SQ FT	

 	PRODUCT		
O&M SQ FT 	SERIES 2014 DEBT SERVICE SQ FT (1)	% OF O&M	TOTAL O&M
    ASSESSMENT	BUDGET		TOTAL ASSESSMENT (4)	SERIES 2014 DEBT
O&M	SERVICE (2)	
TOTAL (3)	

Retail/Commercial Hotel
Time Share	
1162022
172125
92156	
1162022
172125
92156	
81.47%	$312,331.73
12.07%	$46,264.27
6.46%	$24,769.96	
$383,322.73
$56,779.84
$30,400.02	
$0.27	$0.33
$0.27	$0.33
$0.27	$0.33	
$0.60
$0.60
$0.60	
Total Community	 	1426303		1426303		

 	100.00%	    	$383,365.96		

 	$470,502.59				
LESS: Bay County Collection Costs (2%) and Early Payment Discount Costs (4%)	($23,001.96)	($28,230.16)

Net Revenue to be Collected	 	$360,364.00	   	$442,272.44	

(1)	Reflects the total square footage with Series 2014 debt outstanding.

(2)	Annual debt service assessment per square foot adopted in connection with the Series 2014 bond issue. Annual assessment includes principal, interest, Bay County collection costs and early payment discount costs.

(3)	Annual assessment that would appear on November 2021 Bay County property tax bill. Amount shown includes all applicable collection costs. Property owner is eligible for a discount of up to 4% if paid early.

(4)	The Debt Service Total Assessment represents the balance due as a result of the scheduled OLTR funding shortfall.	

8

GENERAL FUND BUDGET ACCOUNT CATEGORY DESCRIPTION

The General Fund Budget Account Category Descriptions are subject to change at any time depending on its application to the District. Please note, not all General Fund Budget Account Category Descriptions are applicable to the District indicated above. Uses of the descriptions contained herein are intended for general reference.

REVENUES:

Interest Earnings: The District may earn interest on its monies in the various operating accounts.

Tax Roll: The District levies Non-Ad Valorem Special Assessments on all of the assessable property within the District to pay for operating expenditures incurred during the Fiscal Year. The assessments may be collected in two ways. The first is by placing them on the County’s Tax Roll, to be collected with the County’s Annual Property Tax Billing. This method is only available to land properly platted within the time limits prescribed by the County.

Off Roll: For lands not on the tax roll and that is by way of a direct bill from the District to the appropriate property owner.

Developer Contributions: The District may enter into a funding agreement and receive certain prescribed dollars from the Developer to off-set expenditures of the District.

Event Rental: The District may receive monies for event rentals for such things as weddings, birthday parties, etc.

Miscellaneous Revenues: The District may receive monies for the sale or provision of electronic access cards, entry decals etc.

Facilities Rentals: The District may receive monies for the rental of certain facilities by outside sources, for such items as office space, snack bar/restaurants etc.

EXPENDITURES – ADMINISTRATIVE:

Supervisor Fees: The District may compensate its supervisors within the appropriate statutory limits of $200.00 maximum per meeting within an annual cap of $4,800.00 per supervisor.

9

Administrative Services: The District will incur expenditures for the day to today operation of District matters. These services include support for the District Management function, recording and preparation of meeting minutes, records retention and maintenance in accordance with Chapter 119, Florida Statutes, and the District’s adopted Rules of Procedure, preparation and delivery of agenda, overnight deliveries, facsimiles and phone calls.

District Management: The District as required by statute, will contract with a firm to provide for management and administration of the District’s day to day needs. These services include the conducting of board meetings, workshops, overall administration of District functions, all required state and local filings, preparation of annual budget, purchasing, risk management, preparing various resolutions and all other secretarial duties requested by the District throughout the year is also reflected in this amount.

District Engineer: The District’s engineer provides general engineering services to the District. Among these services are attendance at and preparation for monthly board meetings, review of construction invoices and all other engineering services requested by the district throughout the year.

Disclosure Report: The District is required to file quarterly and annual disclosure reports, as required in the District’s Trust Indenture, with the specified repositories. This is contracted out to a third party in compliance with the Trust Indenture.

Trustee’s Fees: The District will incur annual trustee’s fees upon the issuance of bonds for the oversight of the various accounts relating to the bond issues.

Assessment Roll: The District will contract with a firm to maintain the assessment roll and annually levy a Non-Ad Valorem assessment for operating and debt service expenses.

Financial & Revenue Collections: Services include all functions necessary for the timely billing and collection and reporting of District assessments in order to ensure adequate funds to meet the District’s debt service and operations and maintenance      obligations. These services include, but are not limited to, assessment roll preparation and certification, direct billings and funding request processing as well as responding to property owner questions regarding District assessments. This line item also includes the fees incurred for a Collection Agent to collect the funds for the principal and interest payment for its short-term bond issues and any other bond related collection needs. These funds are collected as prescribed in the Trust Indenture. The Collection Agent also provides for the release of liens on property after the full collection of bond debt levied on particular properties.

Accounting Services: Services include the preparation and delivery of the District’s financial statements in accordance with Governmental Accounting Standards, accounts payable and accounts receivable functions, asset tracking, investment tracking, capital program administration and requisition processing, filing of annual reports required by the State of Florida and monitoring of trust account activity.

10

Auditing Services: The District is required annually to conduct an audit of its financial records by an Independent Certified Public Accounting firm, once it reaches certain revenue and expenditure levels, or has issued bonds and incurred debt.

Arbitrage Rebate Calculation: The District is required to calculate the interest earned from bond proceeds each year pursuant to the Internal Revenue Code of 1986. The Rebate Analyst is required to verify that the District has not received earnings higher than the yield of the bonds.

Travel: Each Board Supervisor and the District Staff are entitled to reimbursement for travel expenses per Florida Statutes 190.006(8).

Public Officials Liability Insurance: The District will incur expenditures for public officials’ liability insurance for the Board and Staff.

Legal Advertising: The District will incur expenditures related to legal advertising. The items for which the District will advertise include, but are not limited to meeting schedules, special meeting notices, and public hearings, bidding etc. for the District based on statutory guidelines

Bank Fees: The District will incur bank service charges during the year.

Dues, Licenses & Fees: The District is required to pay an annual fee to the Department of Economic Opportunity, along with other items which may require licenses or permits, etc.

Miscellaneous Fees: The District could incur miscellaneous throughout the year, which may not fit into any standard categories.

Website Hosting, Maintenance and Email: The District may incur fees as they relate to the development and ongoing maintenance of its own website along with possible email services if requested.

District Counsel: The District’s legal counsel provides general legal services to the District. Among these services are attendance at and preparation for monthly board meetings, review of operating and maintenance contracts and all other legal services requested by the district throughout the year.

EXPENDITURES - FIELD OPERATIONS:

Deputy Services: The District may wish to contract with the local police agency to provide security for the District.

11

Security Services and Patrols: The District may wish to contract with a private company to provide security for the District.

Electric Utility Services: The District will incur electric utility expenditures for general purposes such as irrigation timers, lift station pumps, fountains, etc.

Streetlights: The District may have expenditures relating to streetlights throughout the community. These may be restricted to main arterial roads or in some cases to all streetlights within the District’s boundaries.
Utility - Recreation Facility: The District may budget separately for its recreation and or amenity electric separately.

Gas Utility Services: The District may incur gas utility expenditures related to district operations at its facilities such as pool heat etc.

Garbage - Recreation Facility: The District will incur expenditures related to the removal of garbage and solid waste.

Solid Waste Assessment Fee: The District may have an assessment levied by another local government for solid waste, etc.

Water-Sewer Utility Services: The District will incur water/sewer utility expenditures related to district operations.

Utility - Reclaimed: The District may incur expenses related to the use of reclaimed water for irrigation.

Aquatic Maintenance: Expenses related to the care and maintenance of the lakes and ponds for the control of nuisance plant and algae species.

Fountain Service Repairs & Maintenance: The District may incur expenses related to maintaining the fountains within throughout the Parks & Recreational areas

Lake/Pond Bank Maintenance: The District may incur expenditures to maintain lake banks, etc. for the ponds and lakes within the District’s boundaries, along with planting of beneficial aquatic plants, stocking of fish, mowing and landscaping of the banks as the District determines necessary.

Wetland Monitoring & Maintenance: The District may be required to provide for certain types of monitoring and maintenance activities for various wetlands and waterways by other governmental entities.

Mitigation Area Monitoring & Maintenance: The District may be required to provide for certain types of monitoring and maintenance activities for various mitigation areas by other governmental entities.

12

Aquatic Plant Replacement: The expenses related to replacing beneficial aquatic plants, which may or may not have been required by other governmental entities.

General Liability Insurance: The District will incur fees to insure items owned by the District for its general liability needs

Property Insurance: The District will incur fees to insure items owned by the District for its property needs

Entry and Walls Maintenance: The District will incur expenditures to maintain the entry monuments and the fencing.
Landscape Maintenance: The District will incur expenditures to maintain the rights-of-way, median strips, recreational facilities including pond banks, entryways, and similar planting areas within the District. These services include but are not limited to monthly landscape maintenance, fertilizer, pesticides, annuals, mulch, and irrigation repairs.

Irrigation Maintenance: The District will incur expenditures related to the maintenance of the irrigation systems.

Irrigation Repairs: The District will incur expenditures related to repairs of the irrigation systems.

Landscape Replacement: Expenditures related to replacement of turf, trees, shrubs etc.

Field Services: The District may contract for field management services to provide landscape maintenance oversight.

Miscellaneous Fees: The District may incur miscellaneous expenses that do not readily fit into defined categories in field operations.

Gate Phone: The District will incur telephone expenses if the District has gates that are to be opened and closed.

Street/Parking Lot Sweeping: The District may incur expenses related to street sweeping for roadways it owns or are owned by another governmental entity, for which it elects to maintain.

Gate Facility Maintenance: Expenses related to the ongoing repairs and maintenance of gates owned by the District if any.

Sidewalk Repair & Maintenance: Expenses related to sidewalks located in the right of way of streets the District may own if any.

Roadway Repair & Maintenance: Expenses related to the repair and maintenance of roadways owned by the District if any.

13

Employees - Salaries: The District may incur expenses for employees/staff members needed for the recreational facilities such as Clubhouse Staff.

Employees - P/R Taxes: This is the employer’s portion of employment taxes such as FICA etc.

Employee - Workers’ Comp: Fees related to obtaining workers compensation insurance.

Management Contract: The District may contract with a firm to provide for the oversight of its recreation facilities.

Maintenance & Repair: The District may incur expenses to maintain its recreation facilities.

Facility Supplies: The District may have facilities that required various supplies to operate.

Gate Maintenance & Repairs: Any ongoing gate repairs and maintenance would be included in this line item.

Telephone, Fax, Internet: The District may incur telephone, fax and internet expenses related to the recreational facilities.

Office Supplies: The District may have an office in its facilities which require various office related supplies.

Clubhouse - Facility Janitorial Service: Expenses related to the cleaning of the facility and related supplies.

Pool Service Contract: Expenses related to the maintenance of swimming pools and other water features.

Pool Repairs: Expenses related to the repair of swimming pools and other water features.

Security System Monitoring & Maintenance: The District may wish to install a security system for the clubhouse

Clubhouse Miscellaneous Expense: Expenses which may not fit into a defined category in this section of the budget

Athletic/Park Court/Field Repairs: Expense related to any facilities such as tennis, basketball etc.

Trail/Bike Path Maintenance: Expenses related to various types of trail or pathway systems the District may own, from hard surface to natural surfaces.

14

Special Events: Expenses related to functions such as holiday events for the public enjoyment

Miscellaneous Fees:	Monies collected and allocated for fees that the District could incur throughout the year, which may not fit into any standard categories.

Miscellaneous Contingency: Monies collected and allocated for expenses that the District could incur throughout the year, which may not fit into any standard categories.

Capital Outlay:	Monies collected and allocated for various projects as they relate to public improvements.

15

RESERVE FUND BUDGET ACCOUNT CATEGORY DESCRIPTION

The Reserve Fund Budget Account Category Descriptions are subject to change at any time depending on its application to the District. Please note, not all Reserve Fund Budget Account Category Descriptions are applicable to the District indicated above. Uses of the descriptions contained herein are intended for general reference.

REVENUES:

Tax Roll: The District levies Non-Ad Valorem Special Assessments on all of the assessable property within the District to pay for operating expenditures incurred during the Fiscal Year. The assessments may be collected in two ways. The first is by placing them on the County’s Tax Roll, to be collected with the County’s Annual Property Tax Billing. This method is only available to land properly platted within the time limits prescribed by the County.

Off Roll: For lands not on the tax roll and that is by way of a direct bill from the District to the appropriate property owner.

Developer Contributions: The District may enter into a funding agreement and receive certain prescribed dollars from the Developer to off-set expenditures of the District.

Miscellaneous Revenues: The District may receive monies for the sale or provision of electronic access cards, entry decals etc.

EXPENDITURES:

Capital Reserve: Monies collected and allocated for the future repair and replacement of various capital improvements such as club facilities, swimming pools, athletic courts, roads, etc.

Capital Outlay: Monies collected and allocated for various projects as they relate to public improvements.

16

DEBT SERVICE FUND BUDGET ACCOUNT CATEGORY DESCRIPTION
The Debt Service Fund Budget Account Category Descriptions are subject to change at any time depending on its application to the District. Please note, not all Debt Service Fund Budget Account Category Descriptions are applicable to the District indicated above. Uses of the descriptions contained herein are intended for general reference.

REVENUES:

Special Assessments: The District may levy special assessments to repay the debt incurred by the sale of bonds to raise working capital for certain public improvements. The assessments may be collected in the same fashion as described in the Operations and Maintenance Assessments.

EXPENDITURES – ADMINISTRATIVE:

Bank Fees: The District may incur bank service charges during the year.

Debt Service Obligation: This would a combination of the principal and interest payment to satisfy the annual repayment of the bond issue debt.

Budget Template
Pier Park Community Development District Debt Service
Fiscal Year 2021/2022

Chart of Accounts Classification	Series 2014	Budget for 2021/2022	
			
REVENUES			
Special Assessments			
Net Special Assessments	$442,272.44	$442,272.44	
OLTR/TIR Contribution	$696,724.31	$696,724.31	
			
TOTAL REVENUES	$1,138,996.75	$1,138,996.75	

EXPENDITURES			
Administrative			
Financial & Administrative			
Debt Service Obligation	$1,138,996.75	$1,138,996.75	
Administrative Subtotal	$1,138,996.75	$1,138,996.75	
			
TOTAL EXPENDITURES	$1,138,996.75	$1,138,996.75	
			
EXCESS OF REVENUES OVER EXPENDITURES	$0.00	$0.00	

Collection Costs (2%) and Early Payment Discount (4%) applicable to the county:	6.0%

Gross assessments	$1,211,698.67

Notes:
Tax Roll Collection Costs and Early Payment Discount percentages are 6% of Tax Roll. Budgeted net of tax roll assessments. See Assessment Table.

Debt Service

2021/2022 O&M Budget	$360,364.00	
Bay County 2% Collection Cost	$7,667.32	
4% Early Payment Discounts	 	$15,334.64		
2021/2022 Total	$383,365.96	

2020/2021 O&M Budget	$1,116,549.00	
2021/2022 O&M Budget	 	$360,364.00		
Total Difference:	 	-$756,185.00		

	2020/2021	2021/2022	$	%	
Debt Service - Retail/Commercial (2)	N/A	$383,322.73	N/A	N/A	
Operations/Maintenance - Retail/Commercial	N/A	$312,331.73	N/A	N/A	
Total (1)		$695,654.46	N/A	N/A	

Debt Service - Hotel (2)	
N/A	
$56,779.84	
N/A	
N/A	
Operations/Maintenance - Hotel	N/A	$46,264.27	N/A	N/A	
Total (1)		$103,044.11	N/A	N/A	

Debt Service - Time Share (2)	
N/A	
$30,400.02	
N/A	
N/A	
Operations/Maintenance - Time Share	N/A	$24,769.96	N/A	N/A	
Total (1)		$55,169.98	N/A	N/A	

Pier Park Community Development District

FISCAL YEAR 2021/2022 O&M & DEBT SERVICE ASSESSMENT SCHEDULE

PER PRODUCT ANNUAL ASSESSMENT

Proposed Increase / Decrease

(1) General Funnd and Debt Service budgets for FY 2020-2021 (and prior years) were fully funded by OLTR and TIF revenue as well as contributions from the developer. Fiscal Year 2021-2022 will be the first time assessments are levied as shown above.

(2) The Debt Service Total Assessment represents the balance due as a result of the scheduled OLTR funding shortfall.

PIER PARK
FISCAL YEAR 2021/2022 O&M & DEBT SERVICE ASSESSMENT SCHEDULE TOTAL O&M BUDGET	$360,364.00
COLLECTION COSTS @	2.0%			$7,667.32 EARLY PAYMENT DISCOUNTS @	4.0%	 	$15,334.64	
TOTAL O&M ASSESSMENT	 	$383,365.96		

SERIES 2014 DEBT	       ALLOCATION OF O&M ASSESSMENT	

% OF O&M	TOTAL O&M	SERIES 2014 DEBT SERVICE TOTAL	ANNUAL ASSESSMENT PER SQ FT

SERIES 2014 DEBT	
 	PRODUCT		O&M SQ FT 	SERVICE SQ FT (1)	    ASSESSMENT	BUDGET		ASSESSMENT (4)	O&M	SERVICE (2)	TOTAL (3)	

Retail/Commercial	
1162022	
1162022	
81.47%	$312,331.73	
$383,322.73	
$0.27	
$0.33	
$0.60	
Hotel	172125	172125	12.07%	$46,264.27	$56,779.84	$0.27	$0.33	$0.60	
Time Share	92156	92156	6.46%	$24,769.96	$30,400.02	$0.27	$0.33	$0.60	
Total Community	       1426303		1426303		

 	100.00%	     	$383,365.96		 	$470,502.59					
LESS: Bay County Collection Costs (2%) and Early Payment Discount Costs (4%)	($23,001.96)	($28,230.16)

Net Revenue to be Collected	 	$360,364.00	   	$442,272.44	

(1)    Reflects the total square footage with Series 2014 debt outstanding.

(2)  Annual debt service assessment per square foot adopted in connection with the Series 2014 bond issue. Annual assessment includes principal, interest, Bay County collection costs and early payment discount costs.

(3)  Annual assessment that would appear on November 2021 Bay County property tax bill. Amount shown includes all applicable collection costs. Property owner is eligible for a discount of up to 4% if paid early.

(4)  The Debt Service Total Assessment represents the balance due as a result of the scheduled OLTR funding shortfall.	

PIER PARK COMMUNITY DEVELOPMENT DISTRICT	
2021 ASSESSMENT ROLL (DRAFT)	
					
SERIES 2014		
PIN_DSP	OWNER_NAME	LEGL1	SQ FT	O&M	DEBT SERVICE	TOTAL	

33750-050-010	30 WEST PERSHING, LLC	20 3S 16W -1.5A- 29D1	72195	$19,404.79	$23,815.37	$43,220.16	
32739-020-010	CITY OF PANAMA CITY BEACH	17/20 3S 16W -1.5A- 29	0	$0.00	$0.00	$0.00	
33750-005-000	CITY OF PANAMA CITY BEACH	20 3S 16W 29D1	0	$0.00	$0.00	$0.00	
33750-090-000	CITY OF PANAMA CITY BEACH	20 3S 16W -1.9- 29D1	50285	$13,515.75	$16,587.80	$30,103.55	
33751-060-000	CITY OF PANAMA CITY BEACH	20 3S 16W -2.6- MAP 29D2	0	$0.00	$0.00	$0.00	
33751-070-000	CITY OF PANAMA CITY BEACH	20 3S 16W -2.7-	MAP 29D2	0	$0.00	$0.00	$0.00	
33753-000-000	CITY OF PANAMA CITY BEACH, FLA	20 3S 16W -4- 29D2	0	$0.00	$0.00	$0.00	
33750-150-000	FCPT REMINGTON PROPERTIES, LLC	20 3S 16W -1.15-	5503	$1,479.11	$1,815.31	$3,294.42	
33750-170-000	J.C. PENNEY CORPORATION, INC.	20 3S 16W -1.17- 29D1	85810	$23,064.27	$28,306.63	$51,370.89	
33750-230-000	OSAKA JAPANESE STEAKHOUSE OF	17 3S 16W -1.23- 29D1	9000	$2,419.05	$2,968.88	$5,387.93	
33750-180-000	PCB 15701 PCB PKWY LLC	20 3S 16W -1.18- 29D1	7681	$2,064.52	$2,533.77	$4,598.30	
32739-020-000	PIER PARK COMMUNITY DEVEL DIST	17 3S 16W -1.5- 29	0	$0.00	$0.00	$0.00	
33750-100-000	PIER PARK COMMUNITY DEVEL DIST	20 3S 16W -1.10- 29D1	0	$0.00	$0.00	$0.00	
33750-130-000	PIER PARK COMMUNITY DEVEL DIST	20 3S 16W -1.13- 29D1	0	$0.00	$0.00	$0.00	
33751-000-000	PIER PARK RESORT HOTEL LLC	20 3S 16W -2- 29D2	3175	$853.33	$1,047.28	$1,900.61	
32739-020-030	PIER PARK, LLC	17 3S 16W -1.5C- 29	200000	$53,756.59	$65,975.12	$119,731.72	
33750-030-000	PIER PARK, LLC	20 3S 16W -1.3- 29D1	79950	$21,489.20	$26,373.56	$47,862.75	
33750-040-000	PIER PARK, LLC	20 3S 16W -1.4- 29D1	21125	$5,678.04	$6,968.62	$12,646.66	
33750-050-000	PIER PARK, LLC	20 3S 16W -1.5- 29D1	0	$0.00	$0.00	$0.00	
33750-060-000	PIER PARK, LLC	20 3S 16W -1.6- 29D1	22273	$5,986.60	$7,347.32	$13,333.92	
33750-070-000	PIER PARK, LLC	20 3S 16W -1.7- 29D1	280933	$75,510.01	$92,672.95	$168,182.95	
33750-210-000	PIER PARK, LLC	17 3S 16W -1.21- 29D1	0	$0.00	$0.00	$0.00	
33750-220-000	PIER PARK, LLC	17 3S 16W -1.22- 29D1	0	$0.00	$0.00	$0.00	
33750-200-000	REGIONS BANK	17/20 3S 16W -1.20- 29D1	5350	$1,437.99	$1,764.83	$3,202.82	
33750-160-000	RUBY TUESDAY, INC.	20 3S 16W -1.16- 29D1	7816	$2,100.77	$2,578.26	$4,679.03	
33750-080-000	SIMON PROPERTY GROUP, L.P.	20 3S 16W -1.8- 29D1	40000	$10,751.32	$13,195.02	$23,946.34	
33750-120-000	SIMON PROPERTY GROUP, LP	20 3S 16W -1.12- 29D1	1412	$379.57	$465.84	$845.41	
33750-110-000	TARGET CORPORATION	20 3S 16W -1.11- 29D1	0	$0.00	$0.00	$0.00	
33750-140-000	TARGET CORPORATION T-2208	20 3S 16W -1.14- 29D1	141052	$37,912.38	$46,529.62	$84,441.99	
33750-190-000	THE HIGBEE COMPANY	20 3S 16W -1.19- 29D1	128462	$34,528.40	$42,376.48	$76,904.88	
32739-020-040	THE ST JOE COMPANY LLC	17 3S 16W 29	0	$0.00	$0.00	$0.00	
33750-000-000	THE ST JOE COMPANY LLC	20 3S 16W -1- 29D1	0	$0.00	$0.00	$0.00	
33752-000-000	THE ST JOE COMPANY LLC	20 3S 16W -3-   MAP 29D2	264281	$71,034.23	$87,179.86	$158,214.09	
33753-010-000	THE ST JOE COMPANY LLC	20 3S 16W -4.1- 29D2	0	$0.00	$0.00	$0.00	

 	TOTAL		1426303	$383,365.90	$470,502.52	$853,868.43

Page 1

Tab 5

RESOLUTION 2021-04

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE PIER PARK COMMUNITY DEVELOPMENT DISTRICT APPROVING PROPOSED BUDGETS FOR FISCAL YEAR 2021/2022 AND SETTING A PUBLIC HEARING THEREON PURSUANT TO FLORIDA LAW; ADDRESSING TRANSMITTAL, POSTING AND PUBLICATION REQUIREMENTS; ADDRESSING SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the District Manager has heretofore prepared and submitted to the Board of Supervisors (“Board”) of the Pier park Community Development District (“District”) prior to June 15, 2021, proposed budgets (“Proposed Budget”) for the fiscal year beginning October 1, 2021 and ending September 30, 2022 (“Fiscal Year 2021/2022”); and

WHEREAS, the Board has considered the Proposed Budget and desires to set the required public hearing thereon.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE PIER PARK COMMUNITY DEVELOPMENT DISTRICT:

PROPOSED BUDGET APPROVED. The Proposed Budget prepared by the District Manager for Fiscal Year 2021/2022 attached hereto as Exhibit A is hereby approved as the basis for conducting a public hearing to adopt said Proposed Budget.

SETTING A PUBLIC HEARING. A public hearing on said approved Proposed Budget is hereby declared and set for the following date, hour and location:

DATE:	August 3, 2021

HOUR:	10:00 (CT)

LOCATION:	City of Panama City Beach City Hall
17007 Panama City Beach Parkway Panama City Beach, Florida 32413

TRANSMITTAL OF PROPOSED BUDGET TO LOCAL GENERAL PURPOSE GOVERNMENTS. The District Manager is hereby directed to submit a copy of the Proposed Budget to the City of Panama City Beach and Bay County at least 60 days prior to the hearing set above.

POSTING OF PROPOSED BUDGET. In accordance with Section 189.016, Florida Statutes, the District’s Secretary is further directed to post the approved Proposed Budget on the

District’s website at least two days before the budget hearing date as set forth in Section 2, and shall remain on the website for at least 45 days.

PUBLICATION OF NOTICE. Notice of this public hearing shall be published in the manner prescribed in Florida law.

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.

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

PASSED AND ADOPTED THIS 10TH DAY OF MAY, 2021.

ATTEST:	PIER PARK COMMUNITY
DEVELOPMENT DISTRICT

By: 	
Secretary	Its: 	

Tab 6

RESOLUTION 2021-08

RESOLUTION OF THE BOARD OF SUPERVISORS OF THE PIER PARK COMMUNITY DEVELOPMENT DISTRICT EXPRESSING ITS INTENT TO UTILIZE THE UNIFORM METHOD OF LEVYING, COLLECTING, AND ENFORCING NON-AD VALOREM ASSESSMENTS WHICH MAY BE LEVIED BY THE PIER PARK COMMUNITY DEVELOPMENT DISTRICT IN ACCORDANCE WITH SECTION 197.3632, FLORIDA STATUTES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Pier Park Community Development District (“District”) was established pursuant to the provisions of Chapter 190, Florida Statutes, which authorizes the District to levy certain assessments which include benefit and maintenance assessments and further authorizes the District to levy special assessments pursuant to Chapter 170, Florida Statutes, for the acquisition, construction, or reconstruction of assessable improvements authorized by Chapter 190, Florida Statutes; and

WHEREAS, the above referenced assessments are non-ad valorem in nature and, therefore, may be collected under the provisions of Section 197.3632, Florida Statutes, in which the State of Florida has provided a uniform method for the levying, collecting, and enforcing such non-ad valorem assessments; and

WHEREAS, pursuant to Section 197.3632, Florida Statutes, the District has caused notice of a public hearing to be advertised weekly in a newspaper of general circulation within Bay County for four (4) consecutive weeks prior to such hearing.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE PIER PARK COMMUNITY DEVELOPMENT DISTRICT:

SECTION 1. The District upon conducting its public hearing as required by Section 197.3632, Florida Statutes, hereby expresses its intent to use the uniform method of collecting assessments imposed by the District as provided in Chapters 170 and 190, Florida Statutes, each of which are non-ad valorem assessments which may be collected annually pursuant to the provisions of Chapter 190, Florida Statutes, for the purpose of paying principal and interest on any and all of its indebtedness and for the purpose of paying the cost of operating and maintaining its assessable improvements. The legal description of the boundaries of the real property subject to a levy of assessments is attached and made a part of this Resolution as Exhibit A. The non-ad valorem assessments and the District’s use of the uniform method of collecting its non-ad valorem assessment(s) may continue in any given year when the Board of Supervisors determines that use of the uniform method for that year is in the best interests of the District.

SECTION 2. The District’s Secretary is authorized to provide the Property Appraiser and Tax Collector of Bay County and the Department of Revenue of the State of Florida with a copy of this Resolution and enter into any agreements with the Property Appraiser and/or Tax Collector necessary to carry out the provisions of this Resolution.

SECTION 3. If any provision of this Resolution is held to be illegal or invalid, the other provisions shall remain in full force and effect.

SECTION 4. This Resolution shall become effective upon its passage and shall remain in effect unless rescinded or repealed.

PASSED AND ADOPTED this	day of	, 2021.

ATTEST:	PIER PARK COMMUNITY DEVELOPMENT DISTRICT

Secretary/Assistant Secretary	Chairman, Board of Supervisors

Exhibit A:	Legal Description

Exhibit A Property Description

RESOLUTION 2021-05

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE PIER PARK COMMUNITY DEVELOPMENT DISTRICT 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 Board of Supervisors (“Board”) of the Pier Park Community Development District (“District”) has prior to June 15, 2020, approved proposed budgets (“Proposed Budget”) for the fiscal year beginning October 1, 2021 and ending September 30, 2022 (“Fiscal Year 2021/2022”); and

WHEREAS, after further consideration, it is in the best interest of the District to fund the administrative and operations services (together, “Services”) set forth in the Proposed Budget, a current copy of which is attached as Exhibit A, 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 Budget; and

WHEREAS, the District hereby determines that benefits would accrue to the properties within the District, as outlined within the Proposed Budget, 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 Budget; and

WHEREAS, the Board has considered the proposed Assessments, and desires to set the required public hearings thereon;

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE PIER PARK COMMUNITY DEVELOPMENT DISTRICT:

DECLARING ASSESSMENTS. The current form of the Proposed Budget, attached hereto as Exhibit A, is hereby approved for use in proceedings to levy and impose the 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 Budget. The nature of, and plans and specifications for, the Services to be funded by the Assessments are described in the Proposed Budget, which is on file and available for public inspection at the “District’s Office,” c/o Governmental Management Services, LLC, 475 West Town Place, Suite 114, St. Augustine, Florida 32092, (904) 940-5850. The Assessments shall be levied within the District on all benefitted lots and lands, and shall be apportioned, all as described in the Proposed Budget and the preliminary assessment roll included therein. The preliminary assessment roll is also on file and available for public inspection at the District’s Office. The Assessments shall be paid in one or more installments pursuant to a bill issued by the District in November of 2020,

and pursuant to Chapter 170, Florida Statutes, or, alternatively, pursuant to the Uniform Method
as set forth in Chapter 197, Florida Statutes.

SETTING A PUBLIC HEARING. A public hearing on the Assessments is hereby declared and set for August 3, 2021 at 10:00 a.m. (CT) at City of Panama City Beach City Hall, 17007 Panama City Beach Parkway, Panama City Beach, Florida, 32413.

PUBLICATION OF NOTICE. The District shall cause this Resolution to be published once a week for a period of two weeks in a newspaper of general circulation published in Bay County. Additionally, notice of the public hearings shall be published in the manner prescribed in Florida law.

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.

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

PASSED AND ADOPTED THIS 10th DAY OF May, 2021.

ATTEST:	PIER PARK COMMUNITY
DEVELOPMENT DISTRICT

By: 	
Secretary	Its: 	

Tab 7

RESOLUTION 2021-08

RESOLUTION OF THE BOARD OF SUPERVISORS OF THE PIER PARK COMMUNITY DEVELOPMENT DISTRICT EXPRESSING ITS INTENT TO UTILIZE THE UNIFORM METHOD OF LEVYING, COLLECTING, AND ENFORCING NON-AD VALOREM ASSESSMENTS WHICH MAY BE LEVIED BY THE PIER PARK COMMUNITY DEVELOPMENT DISTRICT IN ACCORDANCE WITH SECTION 197.3632, FLORIDA STATUTES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Pier Park Community Development District (“District”) was established pursuant to the provisions of Chapter 190, Florida Statutes, which authorizes the District to levy certain assessments which include benefit and maintenance assessments and further authorizes the District to levy special assessments pursuant to Chapter 170, Florida Statutes, for the acquisition, construction, or reconstruction of assessable improvements authorized by Chapter 190, Florida Statutes; and

WHEREAS, the above referenced assessments are non-ad valorem in nature and, therefore, may be collected under the provisions of Section 197.3632, Florida Statutes, in which the State of Florida has provided a uniform method for the levying, collecting, and enforcing such non-ad valorem assessments; and

WHEREAS, pursuant to Section 197.3632, Florida Statutes, the District has caused notice of a public hearing to be advertised weekly in a newspaper of general circulation within Bay County for four (4) consecutive weeks prior to such hearing.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE PIER PARK COMMUNITY DEVELOPMENT DISTRICT:

SECTION 1. The District upon conducting its public hearing as required by Section 197.3632, Florida Statutes, hereby expresses its intent to use the uniform method of collecting assessments imposed by the District as provided in Chapters 170 and 190, Florida Statutes, each of which are non-ad valorem assessments which may be collected annually pursuant to the provisions of Chapter 190, Florida Statutes, for the purpose of paying principal and interest on any and all of its indebtedness and for the purpose of paying the cost of operating and maintaining its assessable improvements. The legal description of the boundaries of the real property subject to a levy of assessments is attached and made a part of this Resolution as Exhibit A. The non-ad valorem assessments and the District’s use of the uniform method of collecting its non-ad valorem assessment(s) may continue in any given year when the Board of Supervisors determines that use of the uniform method for that year is in the best interests of the District.

SECTION 2. The District’s Secretary is authorized to provide the Property Appraiser and Tax Collector of Bay County and the Department of Revenue of the State of Florida with a copy of this Resolution and enter into any agreements with the Property Appraiser and/or Tax Collector necessary to carry out the provisions of this Resolution.

SECTION 3. If any provision of this Resolution is held to be illegal or invalid, the other provisions shall remain in full force and effect.

SECTION 4. This Resolution shall become effective upon its passage and shall remain in effect unless rescinded or repealed.

PASSED AND ADOPTED this	day of	, 2021.

ATTEST:	PIER PARK COMMUNITY DEVELOPMENT DISTRICT

Secretary/Assistant Secretary	Chairman, Board of Supervisors

Exhibit A:	Legal Description

Exhibit A Property Description

Tab 8

RESOLUTION 2021-09

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE PIER PARK COMMUNITY DEVELOPMENT DISTRICT DESIGNATING A DATE, TIME AND LOCATION OF A PUBLIC HEARING REGARDING THE DISTRICT’S INTENT TO USE THE UNIFORM METHOD FOR THE LEVY, COLLECTION, AND ENFORCEMENT OF NON-AD VALOREM SPECIAL ASSESSMENTS AS AUTHORIZED BY SECTION 197.3632, FLORIDA STATUTES; AUTHORIZING THE PUBLICATION OF THE NOTICE OF SUCH HEARING; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Pier Park Community Development District (“District”) is a local unit of special- purpose government created and existing pursuant to Chapter 190, Florida Statutes; and

WHEREAS, the District pursuant to the provisions of Chapter 190, Florida Statutes, is authorized to levy, collect and enforce certain special assessments, which include benefit and maintenance assessments and further authorizes the Board of Supervisors of the District (“Board”) to levy, collect and enforce special assessments pursuant to Chapters 170 and 190, Florida Statutes; and

WHEREAS, the District desires to use the uniform method for the levy, collection and enforcement of non-ad valorem special assessments authorized by Section 197.3632, Florida Statutes (“Uniform Method”).

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE PIER PARK COMMUNITY DEVELOPMENT DISTRICT:

PUBLIC HEARING. A Public Hearing will be held on the District’s intent to adopt the Uniform Method on August 3, 2021, at 10:00 a.m., at the City of Panama City Beach City Hall, 17007 Panama City Beach Parkway, Panama City Beach, Florida 32413.

PUBLICATION. The District Secretary is directed to publish notice of the hearing in accordance with Section 197.3632, Florida Statutes.

EFFECTIVE DATE. This Resolution shall become effective immediately upon its adoption.

PASSED AND ADOPTED this	day of	, 2021.

ATTEST:	PIER PARK COMMUNITY
DEVELOPMENT DISTRICT

Secretary/Assistant Secretary	Chairperson/Vice Chairperson, Board of Supervisors

Tab 9

THIS AGREEMENT (the "Agreement") is made and executed as of _	, 2021, (the “Effective Date”) by and among the City of Panama City Beach (the "City"), a municipal corporation duly organized and validly existing under the laws of the State of Florida, and the Pier Park Community Development District (the "CDD"), a local unit of special-purpose government established pursuant to Chapter 190, Florida Statutes.

WHEREAS, maintenance of the various improvements at Aaron Bessant Park has historically been shared by the City and CDD, though maintenance of the landscaping of Aaron Bessant Park is the responsibility of the CDD, as such maintenance responsibilities have been negotiated by the parties in the Amended and Restated PIPA dated May 21, 2014 and recorded in Bay County Official Records Book 3611 page 311 et seq; and

WHEREAS, the City and CDD agree that the landscaping maintenance could be more cost efficiently undertaken by the City as part of its larger landscaping maintenance program for City parks, which would also ensure that the Amphitheater is maintained in the same manner and extent as other City parks, and

WHEREAS, the City has competitively procured a qualified contractor to undertake the landscape maintenance at all City parks, including Aaron Bessant Park, and the CDD is willing to reimburse the City for the annual and ongoing landscaping maintenance at the rates procured by the City; and

WHEREAS, the City expressly acknowledges and agrees that the provision of landscaping maintenance as contemplated in this Agreement is a reasonable means for the CDD to fulfill its landscaping maintenance obligations under the PIPA.

NOW THEREFORE, in consideration of the premises set forth above and the covenants and benefits herein set forth, and reliance upon these presents, the Parties agree as follows:

From and after October 1, 2020, the City will provide landscape maintenance at Aaron Bessant Park, as more specifically set forth in the City’s Agreement with Rotolo Consultants, Inc., dated August 28, 2020, which is attached and incorporated as Exhibit A herein.

The CDD agrees to pay the City $51,717.19 for the landscaping maintenance of Aaron Bessant Park during the period of October 1, 2020 through September 30, 2021.

The City will invoice the CDD for costs incurred by the City in the prior quarter for the specific landscaping maintenance at Aaron Bessant Park. The CDD shall pay the City within 30 days of a receipt of an invoice.

The Parties acknowledge and agree that this Agreement memorializes a means for the CDD to fulfill its maintenance responsibilities defined in the PIPA in a manner that is acceptable to the City, and that no amendment to the PIPA is necessary for the parties to fulfill their obligations under this Agreement or the PIPA.

In witness whereof, the City Council of the City of Panama City Beach, Florida, has caused this Agreement to be executed and delivered as of the date first above written.
CITY OF PANAMA CITY BEACH, FLORIDA

By:		 Al Shortt, Interim City Manager

By:		 Mark Sheldon, Mayor
ATTEST:

Lynne Fasone, City Clerk

In witness whereof, the Board of Supervisors of the Pier Park Community Development District has caused this Agreement to be executed and delivered as of the date first above written.

PIER PARK COMMUNITY DEVELOPMENT DISTRICT

BY: 	
Chairman, Board of Supervisors

ATTEST:

Secretary

CITY OF PANAMA CITY BEACH BID TABULATION

Bidder	Address	Information	Price	

SSG Recreation	
8000 S. Orange Ave.
Suite 203
Orlando, FL 32809		
$850,920.00	

Rotolo Consultants, Inc.	
104 Estes Place Suite B
Panama City beach, FL
32413		
$99,610.66	

Grass Cutters Lawn & Landscape	
7520 Nautical Court Panama City, FL 32409		
$143,310.00	

				

SPECIFICATIONS

City Parks
Lawn Mowing and Landscape Maintenance Parks and Recreation
CITY OF PANAMA CITY BEACH, FLORIDA

July 1, 2020

NOTICE OF
REQUEST FOR SEALED PROPOSALS

City Parks
Lawn Mowing and Landscape Maintenance

The City of Panama City Beach is requesting sealed Bids from experienced professionals for the one-year lawn mowing and landscape maintenance agreement for five City Parks including Aaron Bessant Park, Maggi Still Park, Scott Field Park, Lullwater Park and Popeye Park. In addition to the City Parks, this agreement will include the Lyndell Conference Center as well as the Library Complex. This agreement will be for one year starting October 1, 2020. The Lawn Mowing and Landscape Maintenance Proposals must comply with or be reasonably equivalent to the certain specifications and requirements set forth by the City in connection with this Notice.

Sealed proposals will be received until 1:10PM Central Daylight Time, Thursday, July 30, 2020 at the City of Panama City Beach City Hall Annex, 17007 Panama City Beach Parkway, Panama City Beach, Florida 32413 and will be opened and publicly read immediately thereafter. All Bids shall be submitted in an envelope clearly marked "Sealed Bid- Panama City Beach - "City Parks Lawn Mowing and Landscape Maintenance." Two (2) hard copies shall be submitted with the sealed proposal.

Copies of the specifications may be obtained from the Parks & Recreation Office at 16200 PCB Parkway or on the City's Website at www.pcbgov.com. The point of contact for obtaining specifications is Cheryl Joyner, email address cjoyner@pcbgov.com.

Proposals must be submitted upon the standard form contained in the Specifications with such attachments as may be authorized there.

The City reserves the right to reject any and all bids in whole or in part, to waive informalities in the bid documents, to obtain new bids, to postpone the opening of bids, and to award the contract to a bidder other than the lowest bidder should it find that the lowest bidder does not offer the reliability, quality of service or product afforded by such other bidder. Where a bid other than the lowest bid is taken, the City Council will state the reasons upon which such award was made. All bidders shall comply with all applicable state and local laws concerning licensing, registration, and regulations of businesses in the state of Florida.

All Bids shall be firm for a period of 60 days after opening .

Posted this 1st day of July, 2020.

END.

PROPOSAL FORM
TO: City of Panama City Beach, Florida	SUBMITTED:	July 30	, 2020.
City Parks Lawn Mowing and Landscape Maintenance
The Undersigned, as Bidder, hereby declares that they have examined the proposal specifications and informed themselves fully regarding all conditions pertaining to the services required.
The Bidder proposes and agrees, if this proposal is accepted, to contract with the City of Panama City Beach for the lump sum price listed, to furnish all labor, materials, and supplies, to maintain the areas within the City Parks Lawn Mowing and Landscape Maintenance bid specifications in complete accord with the described and reasonably intended requirements of the Request for Proposals to the satisfaction of the City, with a definite understanding that no additional money will be allowed. Payment for services will be monthly.

ADDENDUM ACKNOWLEDGMENT: (Only if addendums have been provided). I, the undersigned bidder, hereby acknowledge receipt of the following addenda: Addendum No.NIA Addendum No.NIA.

SUMMARY OF MATERIAL TO ACCOMPANY THIS BID FORM:
Note:	1. Pricing Form (Exhibit C)
Written employee report of how your company will keep up with the weekly maintenance required (Exhibit D)
Complete, Executed Agreement (Exhibit E)

Price for mowing for 7 locations per month Price for landscaping for 7 locations per month Price for labor monthly

$ 		1_,6_1_2._45  	_

$   	2_,6_1_5.59 	 _

$----4,0-72.85 ---

Lump Sum (12 mo.) price for the Lawn Mowing & Landscape Maintenance: $ 	

9 9_, 6_ _1.0_6_6  		_

Name of COMPANY:	Rotolo Consultants, Inc.
ADDRESS:	104 Estes Place - Suite B	CITY: Panama City Beach   STATE: _R	ZIP: 32413
EMAIL ADDRESS:	kmrotolo@rotoloconsultants.com	PHONE: 985-643-2427

References: Please list 3 businesses that your company has provided similar services for:
Name	Location	Address or Email	Phone Number	
City of Panama City Beach	PCB, FL	17007 Panama City Beach Pkwy.	850-233-5100	
Bay County Parks & Rec.	Panama City, FL	 	840 West 11th Street		 	850-784-6149		

Pier Park - Simon & COD	PCB, FL	600 Pier Park Drive, Suite 125	 	850-236-9962		
SIGNATURE - (Confirming all information above is correct) _ ....1/.L.-/====:::.:L-2 ==	:...._	_

Print Name:	K_e_it_h_R_o_t_o_lo	

and Title  	

P_r_e. ;..s1'--·d_en_t 	_

Lawn Mowing and Landscape Maintenance
City of Panama City Beach, Florida

Part 1- General Specifications
The City of Panama City Beach Parks and Recreation Department is requesting Bids from experienced professionals for the lawn mowing and landscape maintenance for 5 City Parks . Public Library and Lyndell Conference Center. It is being requested that planters, jlo-..vers, bushes, hedges, trees, etc... have the fake look at all times. The fake look is rounded. squared and not the ·wild look. This Bid Process is a Sealed Bid, Low Bid Process. All Specifications listed, or their reasonable equivalents must be met or provided by the bidder to be considered a Responsive Bid.

General: The purpose of this bid is to find a vendor to provide weekly mowing and land scaping for seven (7) City properties. Services include mowing, weed eating, tree/planter trimming and other similar services. This does not include chemical spray services.

Note: The City will have a separate service agreement for chemical spray. The awarded bidder for chemical spray will be in contact with the landscaping and mowing bidder in regards to scheduling.

Term: This contract term is for one (1) year. The contract is to begin October 1, 2020 and end September 30, 2021. The contract may be terminated by the City of Panama City Beach at any time with a thirty (30) day notice for cause or a (60) day notice without cause.

Quality: The City of Panama City Beach reserves the right to make routine, quality inspections at any time. Bidder shall be responsible to ensure that the site is in excellent condition upon completion of jobs. No clipping left on walks, parking areas, or streets, etc.

Locations: The seven (7) locations are as follows:
Lullwater Park
Popeye Park/ Service Road & Island
Maggi Still Park
Scott Field Park
Panama City Beach Library Complex
Lyndell Conference Center
Aaron Bessant Park

Frequency: Services should be provided weekly at every location listed above. For the weeks of November 23-28, 2020 and December 21-26, 2020 due to holidays No services will be required. During the times of the month when turf is dormant and not growing, it is still required to spend the same amount of time in each facility trimming bushes, planters, trees, additional weed eating, raking of leaves, repairing divots, etc...

Days of Service: Saturdays & Sundays must be an off day for all facilities.
Exception, the Library and Lyndell Conference Center may be maintained on Sundays.

Appearance: All company vehicles and employees must be clearly identifiable during service visits.

Irrigation: We are asking the successful bidder to help us check on sprinklers each week and report any issues found at 6 of the locations.  If irrigation issue is minor, please repair. All replacement irrigation sprinkler heads will be the responsibility of the City.

It is the responsibility of the Bidder to review this project and locations before the bid.

Special Events: Special events may cause changes to the mowing and landscaping schedule. The City will provide a two (2) week notice prior to any special events occur at one of the locations.

Payment: The successful Bidder will submit invoices monthly for work completed. The City shall pay invoices for acceptable work within 30 days of receipt.

The City is tax exempt and a copy of certificate of exemption is attached as Exhibit A.

Exhibit E is the Agreement that the City will enter into with the successful Bidder if awarded this project. This Agreement must be completed and signed and submitted with the Proposal.
Insurance in the amount of 1 million Liability and 3 million Aggregate is required naming the City of Panama City Beach as additional Insured for the successful bidder.

PART 2-	MINIMUM BIDDER QUALIFICATIONS
The proposal must include verifiable evidence and references demonstrating that the Bidder's personal responsibility for this project meet the following:
On site supervision by a person with experience.
Company experience and a list of references on at least (3) projects of similar size, type and complexity. Reference Projects to be included in the Bid Specifications.
Contractor shall have sufficient equipment, man-power and financial resources to solely maintain all mowing and landscaping specified. No sub-contracting shall be permitted.
Employee Report Exhibit D must be included with the Bid. Bidder needs to explain in detail how they will manage all 7 properties and the days they will be maintaining these facilities.

PART 3-SUBMITTALS
Pricing form to be submitted with Bid Proposal (Exhibit C).
Written employee report of how your company will keep up with the weekly maintenance required (Exhibit D).
Agreement must be completed, signed, and submitted with Bid Proposal (Exhibit E).
Price for mowing for 7 locations per month	$	1,612.45		
Price for landscaping for 7 locations per month	$	2 615.59		
Price for Labor monthly	$	4,072.85		
Lump Sum (12 mo.) price for the Lawn Mowing & Landscape Maintenance:	$ 		99_,_61_0_.6_6 		_	

PART 4-	LOCATION SPECEFICATIONS
Lullwater Park: and the lot across the road on Lullwater Avenue next to the pond.
Lawn Mowing: Mow all grass areas weekly.

Landscaping: Weed eat the canal, culvert, and pond areas on the parks. Weed eat all areas including fence areas, weed eating all grass areas. Trim all trees/bushes as needed, blow off surrounding road areas, culvert/pond areas and repair any park holes from car/truck tire damage.
General: Keep all areas cleaned and maintained weekly.  Pick up trash on grounds.
There is no irrigation at this Park. Inspect for invasive insects or diseases.
Popeye Park and Popeye Park Island:
Lawn Mowing: Mow all grass areas weekly.
Landscaping: Weekly weed eating up to the culvert areas, weed eat as close to the park as possible, to weed eat all parking areas, to weed eat road area to the Popeye Park Island and to trim trees and shrubs on that road area. Weed eat all grass areas in park and island area as needed. Trim all trees/bushes as needed, blow off surrounding road areas, rake playground area as need and repair any park holes from damage.
General: Keep all areas cleaned and maintained weekly. Pick up trash on the ground. Popeye Park has irrigation; report any irrigation issues to Parks and Recreation immediately. Popeye Park Island and connecting road have no irrigation. Inspect for invasive insects or diseases.
Maggi Still Park:
Lawn Mowing: Mow all grass areas weekly.
Landscaping: Keep trees and bushes trimmed and maintained.
General: Keep all areas cleaned and maintained weekly. Pick up trash on the ground. Maggi Still Park has irrigation; report any irrigation issues to Parks and Recreation immediately. Inspect for invasive insects or diseases. Report any issues with flagpole to Parks and Recreation.
Scott Field Park:
Lawn Mowing: Mow all grass areas weekly.
Landscaping: Keep trees and bushes trimmed and maintained.
General: Keep all areas cleaned and maintained weekly. Pick up trash on the ground. Scott Field Park has irrigation; report any irrigation issues to Parks and Recreation immediately. Inspect for invasive insects or diseases.
There is a small triangle island across from the entrance of the park that needs to be maintained.
Library Complex:
Lawn Mowing: Mow all grass areas weekly.
Landscaping: Weed eat the pond behind the complex, the parking lot, all grass areas, and sidewalks. Trim all trees and bushes as needed. Blow off parking lots, sidewalks, and entrance to building.  Keep the rock areas around the buildings, which have planters, clean of weeds. Keep the plants and flowers maintained around the buildings.
General: Keep all areas cleaned and maintained. The Library Complex has irrigation; report any irrigation issues to Parks and Recreation immediately. Inspect for invasive insects or diseases.
Lyndell Conference Center:
Lawn Mowing: Mow all grass areas weekly.
Landscaping: Weed eat the pond behind the complex, the parking lot, all grass areas, and sidewalks. Trim all trees and bushes as needed. Blow off parking lots, sidewalks, pickleball courts and entrances to the buildings weekly. Weed eat the gravel area around building.
General: Keep all areas cleaned and maintained. Inspect for invasive insects or diseases.
Aaron Bessant Park:
Lawn Mowing: Mow all grass areas weekly including soccer fields, parking areas and Veteran's memorial.
Landscaping: Weed eat all locations including parking areas, pedestrian trails, sidewalks, Veteran's Memorial and Seahorse Lake.  Keep trees, shrubs and planters well kept. Keep pine straw in designated areas and replace as needed.

General: Make sure irrigation is working properly. Pick up trash weekly. Report any issues to Parks and Recreation, such as, holes, dog poop, etc. Inspect for invasive insects or diseases. Report to Parks and Recreation any suspected transient activity. Report any issues with flagpoles to Parks and Recreation.
Notes:

Aaron Bessant Park holds numerous special events throughout the year and receives large foot traffic, therefore, it is important to maintain constant communication with the Parks Maintenance Special Events Crew Chief. The Parks and Recreation Department will give a minimum of a two
(2) week notice prior to any events scheduled to happen.
Simon Inc. Pier Park is a partner with the City for Aaron Bessant Park. As this park is a very important facility for the City, "A Showcase" that the Parks and Recreation Department will communicate with the successful contractor often and may request additional items to be maintained at this location and no extra cost to the city.
PART 5-	DATES
Job Walks - Job Walks are not mandatory, however we encourage interested bidders to schedule a job walk by contacting Jim Panek, City of Panama City Beach Parks and Recreation Director, at jponek@pcbgov.com.
Sealed Proposals Due Thursday, July 30, 2020 at 1:10pm at City Hall, 17007 Panama City Beach Parkway, Panama City Beach, FL 32413.
Proposals will be opened at 1:10 pm at that same place.
City Council Approval Thursday, August 13, 2020.
Contract agreement and services begin October 1, 2020.
Contract agreement and services end September 30, 2021.

PART 6 - LIST OF RFP EXHIBITS

EXHIBIT A
Certificate of Tax Exemption.
EXHIBIT B
Pictures and addresses of the 7 locations that are to be maintained.
EXHIBIT C
Pricing Form to be completed and included with the Bid Proposal.
EXHIBIT D
Employee Report to be completed and included with the Bid Proposal.
EXHIBIT E
Agreement to be signed and included with the Bid Proposal.

11

oooooa2 oln.2111

FLORIDA

Consumer's Certificate of Exemption
Issued Pursuant to Chapter 212, Florida Statutes

DR-14 R.10/15

I	85 - 8012646470C-9	05/31/2017	05/31/2022	MUNICIPAL GOVERNMENT

Certificate Number
This certifies that

Effective Date	Expiration Date	Exemption Category

CITY OF PANAMA CITY BEACH 110 S HIGHWAY 79
PANAMA CITY FL 32413-2140

Is exempt from the payment of Florida sales and use tax on real property rented, transient rental property rented, tangible personal property purchased or rented, or services purchased.

II	Important Information for Exempt Organizations

DR-14 R.10/15

FLORIDA

You must provide all vendors and suppliers with an exemption certificate before making tax-exempt purchases. See Rule 12A-1.038, Florida Administrative Code (F.A.C.).

Your Consumer's Certificate of Exemption Is to be used solely by your organization for your organization's customary nonprofit activities.

Purchases made by an individual on behalf of the organization are taxable, even if the individual will be reimbursed by the organization.

This exemption applies only to purchases your organization makes. The sate or lease to others of tangible personal property, sleeping accommodations, or other real property Is taxable. Your organization must register, and collect and remit sales and use tax on such taxable transactions. Note: Churches are exempt from this requirement except when they are the lessor of real property (Rule 12A-1 .070, F.A.C.).

It is a criminal offense to fraudulently present this certificate to evade the payment of sales tax. Under no circumstances should this certificate be used for the personal benefit of any individual. Violators will be llable for payment of the sales tax plus a penalty of 200% of the tax, and may be subject to conviction of a third-degree felony. Any violation will require the revocation of this certificate.

If you have questions regarding your exemption certificate, please contact the Exemption Unit of Account Management at 800-352-3671. From the available options, select "Registration of Taxes," then "Registration Information," and finally "Exemption Certificates and Nonprofit Entitles." The mailing address Is PO Box 6480, Tallahassee, FL 32314-6480.

Lullwater Park

Scott Field Park: 277-291 Circle Dr, Panama City Beach, FL 32413

PCB Library Complex: 12500 Hutchison Blvd, Panama City Beach, FL 32407 &

Lyndell Conference Center: 423 Lyndell Lane, Panama City Beach, FL 32407

Aaron Bessant Park: 500 W. Park Drive, Panama City Beach, FL 32413

EXHIBIT C

Aaron Bessant
Park	
$311.20	
$1,928.92	
$2,069.64	
$4,309.77	
$51,717.l.9	
Maggi Still Park						
	$84.38	$76.63	$161.83	$322.85	$3,874.15	
Scott Field Park						
	$269.23	$120.89	$376.86	$766.98	$9,203.77	
Lui/water Park						
	$259.07	$0.00	$253.49	$512.56	$6,150.68	
Popeye Park						
	$139.34	$47.38	$184.96	$371.69	$4,460.23	
Lyndell						
Conference City	$246.94	$165.87	$417.21	$830.02	$9,960.27	
Library Complex						
	$302.28	$275.89	$608.86	$1,187.03	$14,244.37	
	Total:	Total:	Total:	Total:	Total:	
	$1,612.45	$2,615.59	$4,072.85	$8,300.89	$99,610.66	

Cost of Mowing per Month

Cost of Landscaping Per Month

Cost of Labor	Total Monthly	Total Yearly Monthly		Cost		Cost

EXHIBIT D

EMPLOYEE REPORT

Explain your staffing availability and how you plan on maintaining the 7 park facilities weekly per the Bid Specifications:
Include in the report the estimated days you will be maintaining these facilities. Weekends are not acceptable to maintain park facilities. However, the Library and the Lyndell Conference Center may be maintained on Sundays.
If awarded, RCI will first assign this project to our Division Manager, Jacob Higdon, as well as one of our Area Managers, John Harper. Jacob and John will oversee the day-to-day

operations of each crew assigned to this project as well as provide quality control. Jacob

will be on site a minimum of once per month and John will be on site a minimum of once

per week.
We will then assign a mowing & detail crew along with an irrigation crew to this project. Each

of these crews will be responsible for providing the actual work included in the scope of this

project. The mowing & detail crew will consist of three to four men; one crew supervisor and

two to three crew members. The irrigation crew will consist of two men; one irrigaiton tech. &

one technician assistant.
The scope of work as included in this bid will be performed over the first three days of the
week; Monday through Wednesday. Maintaining this schedule will allow for the two remaining

days of the week to be open in the event that inclement weather delays or other unforeseen

factors delay the prosecution of work during the first half of the week. This will also allow for

any special projects or additional visits to be performed if necessary due to planned city events.

Tab 10

CONSENT TO ASSIGNMENT OF AND AMENDMENT TO THE JANITORIAL SERVCIES AGREEMENT BY AND BETWEEN PIER PARK COMMUNITY DEVELOPMENT DISTRICT AND UNIVERSAL BUILDING MAINTENANCE, LLC D/B/A ALLIED UNIVERSAL JANITORIAL SERVICES

ASSIGNMENT AND AMENDMENT (“Assignment”) is made and entered into this	day of April, 2021 by and between:

Universal Building Maintenance, LLC, d/b/a Allied Universal Janitorial Services, LLC, a foreign limited liability company, with a mailing address at 1551
N. Tustin Avenue, #650, Santa Ana, California 92750 (“Allied Universal”);

Pier Park Community Development District, a local unit of special-purpose government established pursuant to Chapter 190, Florida Statutes, located in the City of Panama City Beach, Florida, with a mailing address at 120 Richard Jackson Boulevard, Suite 220, Panama City Beach, Florida 32407 (the “District”).

RECITALS

WHEREAS, ERMC, LLC and the District previously entered into that certain Agreement Between the Pier Park Community Development District and ERMC, LLC, Regarding the Provision of Janitorial Services dated July 18, 2020, and as attached hereto as Attachment A (the “Agreement”); and

WHEREAS, ERMC, LLC was subsequently acquired by Allied Universal; and

WHEREAS, Allied Universal desires to assume all of its rights and obligations under the Agreement, as amended by this instrument, and accept the assignment of the Agreement, and the District desires to express that it agrees with and has no objection to such assignment; and

NOW THEREFORE, based upon good and valuable consideration and the mutual covenants of the parties, the receipt of which and sufficiency of which are hereby acknowledged, the District and Allied Universal agree as follows:

INCORPORATION OF RECITALS. The Recitals stated above are true and correct and are incorporated herein as a material part of this Assignment.

DISTRICT CONSENT TO ASSIGNMENT OF THE AGREEMENT. The District consents to the assignment of the Agreement to Allied Universal on the condition that the District receive new insurance certificates naming the District, its staff, consultants, agents, and supervisors as additional insured. No certificate shall be acceptable to the District unless it provides that any change or termination within the policy periods of the insurance coverage, as certified, shall not be effective within thirty (30) days of prior written notice to the District. ERMC, LLC and Allied Universal shall be jointly and severally liable for any injury to District property caused by ERMC, LLC occurring prior to the effective date of this Assignment.

EFFECTIVE DATE. The effective date of the Assignment is April 2, 2021.

NOTICES. Upon this Assignment, notices pursuant to the Agreement shall be in writing and shall be delivered to the Parties as follows:

If to the District:	Pier Park Community Development District
120 Richard Jackson Blvd., Suite 220 Panama City Beach, Florida 32407 Attn: District Manager

With a copy to:	Hopping Green & Sams, P.A.
S. Monroe Street, Suite 300
Tallahassee, Florida 32301 Attn: Joseph A. Brown

If to Allied Universal:	Universal Building Maintenance, LLC,
d/b/a Allied Universal Janitorial Services 1551 N. Tustin Avenue, #650
Santa Ana, California 92750

AFFIRMATION OF AGREEMENT. The Agreement is hereby affirmed and continues to constitute a valid and binding agreement between the Parties. Except as described herein, all remaining terms and conditions of the Agreement are hereby adopted, reaffirmed and incorporated as if restate herein.

COUNTERPARTS. This Assignment 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. Signature and acknowledgment pages, if any, may be detached from the counterparts and attached to a single copy of this document to physically form one document.

IN WITNESS WHEREOF, the parties have executed this Assignment effective as of the date set forth above.

[signature pages to follow]

Attest:	PIER PARK COMMUNITY DEVELOPMENT	
DISTRICT	

	

	
Secretary/Assistant Secretary			
By:   		
Chair/Vice-Chair, Board of Supervisors	

UNIVERSAL BUILDING	
MAINTENANCE, LLC, D/B/A ALLIED	
UNIVERSAL JANITORIAL SERVICES	

	
By:	
 		
(Signature of Witness)			

		(Print Name)	

	Its:	 		
(Print Name of Witness)			

Attachment A:	Agreement Between the Pier Park Community Development District and ERMC, LLC, Regarding the Provision of Janitorial Services

AGREEMENT BETWEEN THE
PIER PARK COMMUNITY DEVELOPMENT DISTRICT AND ERMC, LLC,
REGARDING THE PROVISION OF JANITORIAL SERVICES

This Agreement (“Agreement”) is made and entered into to be effective the 18th day of July, 2020, by and between:

Pier Park Community Development District, a local unit of special-purpose government established pursuant to Chapter 190, Florida Statutes, being situated in City of Panama City Beach, Florida, and whose mailing address is 120 Richard Jackson Boulevard, Suite 220, Panama City Beach, Florida 32407 (the “District”); and

ERMC, LLC, a foreign corporation, with a mailing address at 2226 Encompass Dr., Suite 116, Chattanooga, TN 37421 (the “Contractor,” and with the District, the “Parties”).

RECITALS

WHEREAS, the District is a local unit of special-purpose government established pursuant to the Uniform Community Development District Act of 1980, as codified in Chapter 190, Florida Statutes (the “Act”), by ordinance adopted by the City of Panama City Beach, Florida; and

WHEREAS, the District was established for the purpose of planning, financing, constructing, operating and/or maintaining certain infrastructure; and

WHEREAS, the District operates and maintains certain public facilities identified herein, including public restrooms (the “Facilities”); and

WHEREAS, the District has a need to retain an independent contractor to provide janitorial services for the Facilities; and

WHEREAS, Contractor submitted a proposal and represents that it is qualified to provide janitorial services and has agreed to provide to the District those services identified in Exhibit A attached hereto and incorporated by reference herein (“Services”); and

WHEREAS, the District and Contractor warrant and agree that they have all right, power and authority to enter into and be bound by this Agreement.

NOW, THEREFORE, in consideration of the recitals, agreements, and mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Parties, the Parties agree as follows:

SECTION 1. INCORPORATION OF RECITALS. The recitals stated above are true and correct and by this reference are incorporated by reference as a material part of this Agreement.

DocuSign Envelope ID	2E20D0-AC F-4345-8 52-84E4 00881E

DocuSign Envelope ID 5E2F2 2D-F6E1-44 E-AF 5-FD2E28052 20

SECTION 2.	DESCRIPTION OF WORK AND SERVICES.

The District desires that the Contractor provide professional janitorial services within presently accepted standards. Upon all Parties signing this Agreement, the Contractor shall provide the District with the Services identified in Section 3 and Exhibit A.

While providing the Services, the Contractor shall assign such staff as may be required, and such staff shall be responsible for coordinating, expediting, and controlling all aspects to assure completion of the Services.

Contractor shall solely be responsible for the means, manner and methods by which its duties, obligations and responsibilities are met to the satisfaction of the District.

This Agreement grants to Contractor the right to enter the lands that are subject to this Agreement, for those purposes described in this Agreement, and Contractor hereby agrees to comply with all applicable laws, rules, and regulations.

SECTION 3. SCOPE OF JANITORIAL SERVICES. The Contractor will provide janitorial services for the Facilities. The duties, obligations, and responsibilities of Contractor are to provide the material, tools, skill and labor necessary for the Services attached as Exhibit A. To the extent any of the provisions of this Agreement are in conflict with the provisions of Exhibit A this Agreement controls.

SECTION 4.     MANNER OF CONTRACTOR’S PERFORMANCE. The Contractor agrees, as an independent contractor, to undertake work and/or perform such services as specified in this Agreement or any addendum executed by the Parties or in any authorized written work order by the District issued in connection with this Agreement and accepted by the Contractor. All work shall be performed in a neat and professional manner reasonably acceptable to the District and shall be in accordance with industry standards. The performance of the Services by the Contractor under this Agreement and related to this Agreement shall conform to any written instructions issued by the District.

Should any work and/or services be required which are not specified in this Agreement or any addenda, but which are nevertheless necessary for the proper provision of services to the District, such work or services shall be fully performed by the Contractor as if described and delineated in this Agreement.

The Contractor agrees that the District shall not be liable for the payment of any work or services not included in Section 3 unless the District, through an authorized representative of the District, authorizes the Contractor, in writing, to perform such work.

The District shall designate in writing a person to act as the District’s representative with respect to the Services to be performed under this Agreement. The District’s representative shall have complete authority to transmit instructions, receive information, interpret and define the District’s policies and decisions with respect to labor, hours, materials, equipment, elements, and systems pertinent to the Contractor’s services.

DocuSign Envelope ID	2E20D0-AC F-4345-8 52-84E4 00881E

DocuSign Envelope ID 5E2F2 2D-F6E1-44 E-AF 5-FD2E28052 20

The District hereby designates the District’s Operations and
Property Manager, Martin Horak, to act as its representative.

Upon request by the District’s Operations and Property Manager, the Contractor agrees to meet with the District’s representative to walk the property to discuss conditions, schedules, and items of concern regarding this Agreement.

Contractor shall use all due care to protect the property of the District, its residents, and landowners from damage. Contractor agrees to repair any damage resulting from Contractor’s activities and work within twenty-four (24) hours.

SECTION 5.	COMPENSATION; TERM.

As compensation for the Services described in this Agreement, the District agrees to pay the Contractor on a monthly basis for hours worked at an hourly rate of Fifteen Dollars ($15.00) for a not-to-exceed amount of Seventy Thousand Dollars ($70,000) annually. The term of this Agreement shall be from July 18, 2020 through July 17, 2021 and shall automatically renew for additional consecutive one-year terms, unless terminated earlier by either party in accordance with the provisions of this Agreement.

If the District should desire additional work or services, or to add additional areas to be maintained, the Contractor agrees to negotiate in good faith to undertake such additional work or services. Upon successful negotiations, the Parties shall agree in writing to an, addendum, addenda, or change order to this Agreement. The Contractor shall be compensated for such agreed additional work or services based upon a payment amount acceptable to the Parties and agreed to in writing.

The District may require, as a condition precedent to making any payment to the Contractor that all subcontractors, materialmen, suppliers or laborers be paid and require evidence, in the form of Lien Releases or partial Waivers of Lien, to be submitted to the District by those subcontractors, material men, suppliers or laborers, and further require that the Contractor provide an Affidavit relating to the payment of said indebtedness. Further, the District shall have the right to require, as a condition precedent to making any payment, evidence from the Contractor, in a form satisfactory to the District, that any indebtedness of the Contractor, as to services to the District, has been paid and that the Contractor has met all of the obligations with regard to the withholding and payment of taxes, Social Security payments, Workmen’s Compensation, Unemployment Compensation contributions, and similar payroll deductions from the wages of employees.

The Contractor shall maintain records conforming to usual accounting practices. As soon as may be practicable at the beginning of each month, the Contractor shall invoice the District for all services performed in the prior month and any other sums due to the Contractor. The District shall pay the invoice amount within thirty (30) days after the invoice date. The Contractor may cease performing services under this Agreement if any payment due hereunder

DocuSign Envelope ID	2E20D0-AC F-4345-8 52-84E4 00881E

DocuSign Envelope ID 5E2F2 2D-F6E1-44 E-AF 5-FD2E28052 20

is not paid within thirty (30) days of the invoice date. Each monthly invoice will include such supporting information as the District may reasonably require the Contractor to provide.

SECTION 6.	INSURANCE.

The Contractor shall maintain throughout the term of this Agreement the following insurance:

Worker’s Compensation Insurance in accordance with the laws of
the State of Florida.

Commercial General Liability Insurance covering the Contractor’s
legal liability for bodily injuries, with limits of not less than
$1,000,000 combined single limit bodily injury and property damage liability, and covering at least the following hazards:

Independent Contractors Coverage for bodily injury and property damage in connection with any subcontractors’ operation.

Employer’s Liability Coverage with limits of at least $1,000,000
(one million dollars) per accident or disease.

Automobile Liability Insurance for bodily injuries in limits of not less than $1,000,000 combined single limit bodily injury and for property damage, providing coverage for any accident arising out of or resulting from the operation, maintenance, or use by the Contractor of any owned, non-owned, or hired automobiles, trailers, or other equipment required to be licensed.

The District, its staff, consultants and supervisors shall be named as additional insured. The Contractor shall furnish the District with the Certificate of Insurance evidencing compliance with this requirement. No certificate shall be acceptable to the District unless it provides that any change or termination within the policy periods of the insurance coverage, as certified, shall not be effective within thirty (30) days of prior written notice to the District. Insurance coverage shall be from a reputable insurance carrier, licensed to conduct business in the State of Florida.

If the Contractor fails to have secured and maintained the required insurance, the District has the right but not the obligation to secure such required insurance in which event the Contractor shall pay the cost for that required insurance and shall furnish, upon demand, all information that may be required in connection with the District’s obtaining the required insurance.

DocuSign Envelope ID	2E20D0-AC F-4345-8 52-84E4 00881E

DocuSign Envelope ID 5E2F2 2D-F6E1-44 E-AF 5-FD2E28052 20

SECTION 7.	INDEMNIFICATION.

Obligations under this section shall include the payment of all settlements, judgments, damages, liquidated damages, penalties, forfeitures, back pay awards, court costs, arbitration and/or mediation costs, litigation expenses, attorney fees, and paralegal fees (incurred in court, out of court, on appeal, or in bankruptcy proceedings) as ordered.

Contractor agrees to indemnify and hold harmless the District and its officers, agents and employees from any and all liability, claims, actions, suits or demands by any person, corporation or other entity for injuries, death, property damage or of any nature, arising out of, or in connection with, the work to be performed by Contractor, including litigation or any appellate proceedings with respect thereto. Contractor further agrees that nothing herein shall constitute or be construed as a waiver of the District's limitations on liability contained in Section 768.28, Florida Statutes, or other statute.

In no event, however, shall Contractor be liable for incidental, special, punitive or exemplary damages in connection with this Agreement, even if notice was given of the possibility of such damages and even if such damages were reasonably foreseeable.

SECTION 8. LIMITATIONS ON GOVERNMENTAL LIABILITY. Nothing in this Agreement shall be deemed as a waiver of the District’s sovereign immunity or the District’s limits of liability as set forth in Section 768.28, Florida Statutes, or other statute, and nothing in this Agreement shall inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred under such limitations of liability or by operation of law.

SECTION 9.	COMPLIANCE WITH GOVERNMENTAL REGULATION. The Contractor shall
keep, observe, and perform all requirements of applicable local, State, and Federal laws, rules, regulations, or ordinances. If the Contractor fails to notify the District in writing within five (5) days of the receipt of any notice, order, required to comply notice, or a report of a violation or an alleged violation, made by any local, State, or Federal governmental body or agency or subdivision thereof with respect to the services being rendered under this Agreement or any action of the Contractor or any of its agents, servants, employees, or materialmen, or with respect to terms, wages, hours, conditions of employment, safety appliances, or any other requirements applicable to provision of services, or fails to comply with any requirement of such agency within five (5) days after receipt of any such notice, order, request to comply notice, or report of a violation or an alleged violation, the District may terminate this Agreement, such termination to be effective upon the giving of notice of termination.

SECTION 10.   LIENS AND CLAIMS. The Contractor shall promptly and properly pay for all labor employed, materials purchased, and equipment hired by it to perform under this Agreement. The Contractor shall keep the District’s property free from any materialmen’s or mechanic’s liens and claims or notices in respect to such liens and claims, which arise by reason

DocuSign Envelope ID	2E20D0-AC F-4345-8 52-84E4 00881E

DocuSign Envelope ID 5E2F2 2D-F6E1-44 E-AF 5-FD2E28052 20

of the Contractor’s performance under this Agreement, and the Contractor shall immediately discharge any such claim or lien. In the event that the Contractor does not pay or satisfy such claim or lien within three (3) business days after the filing of notice thereof, the District, in addition to any and all other remedies available under this Agreement, may terminate this Agreement to be effective immediately upon the giving of notice of termination.

SECTION 11.	DEFAULT AND PROTECTION AGAINST THIRD PARTY INTERFERENCE. A
default by either party under this Agreement shall entitle the other to all remedies available at law or in equity, which may include, but not be limited to, the right of damages, injunctive relief, and/or specific performance. The District shall be solely responsible for enforcing its rights under this Agreement against any interfering third party. Nothing contained in this Agreement shall limit or impair the District’s right to protect its rights from interference by a third party to this Agreement.

SECTION 12. CUSTOM AND USAGE. It is hereby agreed, any law, custom, or usage to the contrary notwithstanding, that the District shall have the right at all times to enforce the conditions and agreements contained in this Agreement in strict accordance with the terms of this Agreement, notwithstanding any conduct or custom on the part of the District in refraining from so doing; and further, that the failure of the District at any time or times to strictly enforce its rights under this Agreement shall not be construed as having created a custom in any way or manner contrary to the specific conditions and agreements of this Agreement, or as having in any way modified or waived the same.

SECTION 13. SUCCESSORS. This Agreement shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors, and assigns of the Parties to this Agreement, except as expressly limited in this Agreement.

SECTION 14. TERMINATION. The District agrees that the Contractor may terminate this Agreement with cause by providing thirty (30) days’ written notice of termination to the District stating a failure of the District to perform according to the terms of this Agreement; provided, however, that the District shall be provided a reasonable opportunity to cure any failure under this Agreement. The Contractor agrees that the District may terminate this Agreement immediately for cause by providing written notice of termination to the Contractor. The District shall provide thirty (30) days’ written notice of termination without cause. Upon any termination of this Agreement, the Contractor shall be entitled to payment for all work and/or services rendered up until the effective termination of this Agreement, subject to whatever claims or off-sets the District may have against the Contractor.

SECTION 15. PERMITS AND LICENSES. All permits and licenses required by any governmental agency directly for the District shall be obtained and paid for by the District. All other permits or licenses necessary for the Contractor to perform under this Agreement shall be obtained and paid for by the Contractor.

SECTION 16. ASSIGNMENT. Neither the District nor the Contractor may assign this Agreement without the prior written approval of the other. Any purported assignment without such approval shall be void.

DocuSign Envelope ID	2E20D0-AC F-4345-8 52-84E4 00881E

DocuSign Envelope ID 5E2F2 2D-F6E1-44 E-AF 5-FD2E28052 20

SECTION 17. INDEPENDENT CONTRACTOR STATUS. In all matters relating to this Agreement, the Contractor shall be acting as an independent contractor. Neither the Contractor nor employees of the Contractor, if there are any, are employees of the District under the meaning or application of any Federal or State Unemployment or Insurance Laws or Old Age Laws or otherwise. The Contractor agrees to assume all liabilities or obligations imposed by any one or more of such laws with respect to employees of the Contractor, if there are any, in the performance of this Agreement. The Contractor shall not have any authority to assume or create any obligation, express or implied, on behalf of the District and the Contractor shall have no authority to represent the District as an agent, employee, or in any other capacity, unless otherwise set forth in this Agreement.

SECTION 18. HEADINGS FOR CONVENIENCE ONLY. The descriptive headings in this Agreement are for convenience only and shall neither control nor affect the meaning or construction of any of the provisions of this Agreement.

SECTION 19. ENFORCEMENT OF AGREEMENT. A default by either Party under this Agreement shall entitle the other Party to all remedies available at law or in equity. In the event that either the District or the Contractor is required to enforce this Agreement by court proceedings or otherwise, then the prevailing Party shall be entitled to recover all fees and costs incurred, including reasonable attorneys' fees and costs for trial, alternative dispute resolution, or appellate proceedings.

SECTION 20. AGREEMENT. This instrument shall constitute the final and complete expression of this Agreement between the Parties relating to the subject matter of this Agreement.

SECTION 21. AMENDMENTS. Amendments to and waivers of the provisions contained in this Agreement may be made only by an instrument in writing which is executed by both Parties.

SECTION 22. AUTHORIZATION. The execution of this Agreement has been duly authorized by the appropriate body or official of the Parties, the Parties have complied with all the requirements of law, and the Parties have full power and authority to comply with the terms and provisions of this Agreement.

SECTION 23. NOTICES. All notices, requests, consents and other communications under this Agreement (“Notice” or “Notices”) shall be in writing and shall be hand delivered, mailed by First Class Mail, postage prepaid, or sent by overnight delivery service, to the Parties, as follows:

If to the District:	Pier Park Community Development District
Richard Jackson Blvd., Suite 220 Panama City Beach, Florida 32407 Attn: District Manager

With a copy to:	Hopping Green & Sams, P.A.
119 S. Monroe Street, Suite 300
Tallahassee, Florida 32301 Attn: Joseph A. Brown

DocuSign Envelope ID	2E20D0-AC F-4345-8 52-84E4 00881E

DocuSign Envelope ID 5E2F2 2D-F6E1-44 E-AF 5-FD2E28052 20

If to Assignee:	ERMC, LLC
2226 Encompass Dr., Suite 116
Chattanooga, TN 37421 Attn: 	

Except as otherwise provided in this Agreement, any Notice shall be deemed received only upon actual delivery at the address set forth above. Notices delivered after 5:00 p.m. (at the place of delivery) or on a non-business day, shall be deemed received on the next business day. If any time for giving Notice contained in this Agreement would otherwise expire on a non-business day, the Notice period shall be extended to the next succeeding business day. Saturdays, Sundays, and legal holidays recognized by the United States government shall not be regarded as business days. Counsel for the District and counsel for the Contractor may deliver Notices on behalf of the District and the Contractor. Any party or other person to whom Notices are to be sent or copied may notify the Parties and addressees of any change in name or address to which Notices shall be sent by providing the same on five (5) days written notice to the Parties and addressees set forth in this Agreement.

SECTION 24. THIRD PARTY BENEFICIARIES. This Agreement is solely for the benefit of the Parties hereto and no right or cause of action shall accrue upon or by reason, to or for the benefit of any third party not a formal party to this Agreement. Nothing in this Agreement expressed or implied is intended or shall be construed to confer upon any person or corporation other than the Parties hereto any right, remedy, or claim under or by reason of this Agreement or any of the provisions or conditions of this Agreement; and all of the provisions, representations, covenants, and conditions contained in this Agreement shall inure to the sole benefit of and shall be binding upon the Parties hereto and their respective representatives, successors, and assigns.

SECTION 25. CONTROLLING LAW AND VENUE. This Agreement and the provisions contained in this Agreement shall be construed, interpreted, and controlled according to the laws of the State of Florida. All actions and disputes shall be brought in the proper court and venue, which shall be Bay County, Florida.

SECTION 26. COMPLIANCE WITH PUBLIC RECORDS LAWS. Contractor understands and agrees that all documents of any kind provided to the District in connection with this Agreement may be public records, and, accordingly, Contractor agrees to comply with all applicable provisions of Florida law in handling such records, including but not limited to Section 119.0701, Florida Statutes. Contractor acknowledges that the designated public records custodian for the District is Justin Croom (“Public Records Custodian”). Among other requirements and to the extent applicable by law, the Contractor shall 1) keep and maintain public records required by the District to perform the service; 2) upon request by the Public Records Custodian, provide the District with the requested public records or allow the records to be inspected or copied within a reasonable time period at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes; 3) ensure that public records which are exempt or confidential, and exempt from public records disclosure requirements, are not disclosed except as authorized by law for the duration of the contract term and following the contract term if the Contractor does not transfer the records to the Public Records Custodian of the District; and 4) upon completion of the contract, transfer to

DocuSign Envelope ID	2E20D0-AC F-4345-8 52-84E4 00881E

DocuSign Envelope ID 5E2F2 2D-F6E1-44 E-AF 5-FD2E28052 20

the District, at no cost, all public records in Contractor’s possession or, alternatively, keep, maintain and meet all applicable requirements for retaining public records pursuant to Florida laws. When such public records are transferred by the Contractor, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the District in a format that is compatible with Microsoft Word or Adobe PDF formats.

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (850) 334-9055, JCROOM@RIZZETTA.COM, OR AT 120 RICHARD JACKSON BOULEVARD, SUITE 220, PANAMA CITY BEACH, FLORIDA 32407.

SECTION 27. SEVERABILITY. The invalidity or unenforceability of any one or more provisions of this Agreement shall not affect the validity or enforceability of the remaining portions of this Agreement, or any part of this Agreement not held to be invalid or unenforceable.

SECTION 28. ARM’S LENGTH TRANSACTION. This Agreement has been negotiated fully between the Parties as an arm's length transaction. The Parties participated fully in the preparation of this Agreement with the assistance of their respective counsel. In the case of a dispute concerning the interpretation of any provision of this Agreement, the Parties are each deemed to have drafted, chosen, and selected the language, and any doubtful language will not be interpreted or construed against any party.

SECTION 29. COUNTERPARTS. This instrument may be executed in any number of counterparts, each of which, when executed and delivered, shall constitute an original, and such counterparts together shall constitute one and the same instrument. Signature and acknowledgment pages, if any, may be detached from the counterparts and attached to a single copy of this document to physically form one document.

[Signature Page Follows]

DocuSign Envelope ID: 992E20D0-AC7F-4345-B652-B4E4A600BB1E

DocuSign Envelope ID: 5E2F272D-F6E1-448E-AF85-FD2E2B052920

IN WITNESS WHEREOF, the parties execute this Agreement the day and year first written
above.

Attest:	PIER PARK COMMUNITY DEVELOPMENT DISTRICT

Christina Regan

Chris Ti77ey

Secretary/Assistant Secretary	Chairman, Board of Supervisors

Attest:	ERMC, LLC

(Signature of Witness)

Matt McFarland
By: 	

(Print Name of Witness)

Exhibit A:	Scope of Services

Its: Date:

COO

07/20/2020 I 10:56 CDT

DocuSign Envelope ID	2E20D0-AC F-4345-8 52-84E4 00881E

DocuSign Envelope ID 5E2F2 2D-F6E1-44 E-AF 5-FD2E28052 20

 Exhibit A

Agreement Reference: Janitorial Services
Scope of Additional Services: Janitorial services at cost plus rate as outlined herein.

DESCRIPTION OF SERVICES

The Contractor shall provide all management, supervision, labor necessary to provide custodial and related services as described herein and in areas as shown on the attached site map. Contractor shall plan, schedule, coordinate, and assure effective performance of all services. The Contractor will provide janitorial and related services in accordance with the requirements of this solicitation on CDD’s property the contractor is required to self-perform all services within this document with the exception of those services that may require special skills, not traditionally, handled by a janitorial firm.

AREAS OF RESPONSIBILITYES

Aron Bessant Park, East and West parking lots of CDD, North and South of Front Beach Road as reflected in Exhibit B.

MATERIALS, EQUIPMENT AND UTILITIES

The Contractor shall furnish all labor and employee training necessary for the performance of the work of this contract unless otherwise specified herein. Training shall include all applicable OSHA and other related standards. The Contractor shall furnish all Material Safety Data Sheets (MSDS) for any materials used in the performance of this contract five days prior to the contract starting date.

Note: All materials ie. Cleaning supplies, paper products, mop buckets, step stools, extendable, push carts, cleaning tools, etc. brooms and equipment will be provided by Pier Park CDD.

QUALITY REQUIREMENTS

1)	Drinking fountains will be cleaned to be free of water marks, and any other debris or encrustation. Drinking fountains shall be maintained at a high level of sanitation	
2)	Common area trash will be collected and removed to a location designated by the Property Manager. Trash cans shall be emptied as needed and kept clean and free of dirt, stains, and debris. Plastic liners for all trash, debris and recycling containers shall not be torn, worn, or contain residue.	

DocuSign Envelope ID	2E20D0-AC F-4345-8 52-84E4 00881E

DocuSign Envelope ID 5E2F2 2D-F6E1-44 E-AF 5-FD2E28052 20

3) Restrooms will be cleaned and sanitized with a disinfectant cleaner in a manner to keep restrooms free of odors. Fixtures will be free of dust, streaks and encrustation. Clean, sanitize and polish all surfaces of fixtures, including toilets, urinals, wash basins, and toilet stalls. All plumbing fixtures shall be free of dust, streaks and encrustation. Mirrors and glass shall be clean and free of spots and streaks. Floor will be clean and sanitized with a disinfectant cleaner and free of dust, dirt, debris, or bacteria. Partitions and walls will be free of obvious dirt, graffiti, and dust. Toilet supplies shall be replenished as needed to maintain an adequate supply at all times. The contractor is responsible for the filling of soap dispensers.

CLEANING QUALITY REQUIREMENTS

BRIGHT METAL POLISHING: Bright metal surfaces shall have a polished and lustrous appearance.

CLEANING DRINKING FOUNTAINS: The porcelain or stainless steel surfaces shall be clean and free of dust, spots, stains and streaks. Drinking fountains shall be kept free of trash, ink, coffee grounds, etc., and nozzles free from encrustations.

FIXTURE CLEANING: Wash basins shall be clean and bright; there shall be no dust, spots, stains, rust, green mold, encrustation or excess moisture. Bright metal surfaces shall have a polished and lustrous appearance.

GLASS CLEANING: Glass shall be clean and free of dirt, dust, streaks, watermarks, spots and grime, and shall not be cloudy.

HIGH CLEANING: Surfaces shall be clean and free of dust, cobwebs, etc. Where glass is present, both sides shall be clean and free of streaks. Any special lifts required should be considered.

POLICING (GROUNDS AND SIDEWALKS): Exterior areas shall be free of all paper, gum, trash, empty bottles, spills and other discarded material. Empty trashcans if full, and replace plastic bag if used.

POLISHING: Surfaces shall be free of smears, stains and finger marks. They shall be clean, bright and polished to a uniform luster.

SERVICING: All dispensers shall be filled with supplies; soap must be compatible with the provided dispenser. Waste receptacles shall be emptied.

SPOT CLEANING WALLS: Wall surface shall be free of smudges, marks, dirt and spots. These shall have been removed without obvious discoloration.

DocuSign Envelope ID	2E20D0-AC F-4345-8 52-84E4 00881E

DocuSign Envelope ID 5E2F2 2D-F6E1-44 E-AF 5-FD2E28052 20

SURFACE AND FIXTURE CLEANING: All fixtures and surfaces shall be clean, bright and there shall be no dust, spots, soil substances, discolorations, rust, green mold, encrustations, or excess moisture.

SWEEPING, WET MOPPING OR SCRUBBING: The floors shall be clean and free of dirt, water streaks, mop marks, string, gum, grease, tar, etc., and present an overall appearance of cleanliness. All surfaces, crevices, tracks, baseboards, and corners shall be clean and dry.

SWEEPING (OUTSIDE AREAS): Areas including sidewalks and entrances shall be clean of all gum, tar grease, dirt and trash. No dirt shall be left where sweepings were picked up.

TRASH RECEPTACLES AND DOGGIE STATIONS All trash receptacles and dog waste stations will be emptied daily.

WALL SPOT CLEANING: Smudges, marks or spots shall have been removed without causing unsightly discoloration.

RESTROOM CLEANING

	Daily Service:			
	Sweep and wet mop or scrub floor with a cleaner disinfectant. Surfaces shall be dry	
	and the corners clean.			
	Clean, sanitize and polish all surfaces of fixtures, including toilets, urinals, wash	
basins, and shower stalls. All plumbing on fixtures shall be wiped clean with	
products that shall not damage finish. Sink counters will be left dry and free of soap	
	residue.			
	Clean and polish all mirrors, glass, etc.	
	Spot clean doors, walls and partitions to remove dirt, dust and/or stains.	
	Wipe clean all dispensers and replenish as necessary, including paper towel, toilet	
	paper, soap and toilet seat covers.	Empty waste receptacles; replace liners and damp	
	wipe, as necessary.			
	Empty, clean, disinfect and replace liners of all sanitary disposal receptacles.	
	As needed, police restrooms.	This includes emptying waste receptacles, replacing	
	liners and damp wipe, as necessary; servicing dispenser, policing room, cleaning	
	washbasins and mopping in front of urinals.	

1

DocuSign Envelope 1D: 5E2F2207D2D0--AF6CE71F--444384E5--ABF525--BF  D4E24EA20B00B52B9210E

Exhibit B

0 \	Z

_- - m_	_,) \): : V

1,r1o//!. ;-/Jlli//j	I      1 1////21 ''{ I    1/! I /! 1;'!! ;,'lll!/0/Ti l/(r 1/7r,.,	-   :·	 ; f ::. . :

:)·

; :IrI

i	.	-- "	-	- '	/d	;j.f, I ,,W,1½1,	1i

.  /	):-::_; ,o.· :	\\	=•

,

. 1.·' -/-,...r- -,.,,/"]

'#,'/t// 1,/0½·11/,,//0/,!I,,I    f1ij!fl,	I!I/;/!	11 . l/l/;j!/hlll , 1/fi1

I

.	, , ,	..

,	,

'1/   'I!,  //	½',	\	. .

,. .	' ,

,j	·-    T"	I  1//2,	II  I	I   '	I	----'	, -=-,-	!

.	11/i,J	'	'	'	,

:z,	-	J

.

...-· ·;  ft}J/JI/IJ/!/llii!IJ1/ll/ /i!f1f /;$1;1 1/l 1i  .	i;	'f11i , ;::  - a)	)

, r1

fi	/ #ffr(J/f/	ii//,,•

?, I I :

1/,118,0,,

P 1,

, . ; ; • ••	;	.••

. L.

------

=-	.	.	\

1/!'.	•

1

I    f.
\	I	(J

r	- -	- =:::,_,,,,,,

1=----	(	F    d	I i

ATTACHMENT A

I

,

'	- \

Po	I

I//

•• •

i@ 0	\	11,

1/ 7/,

r,    ......_,	1/11 ;! Jf / Jffit'1/1///	.=,	\	1t
um"""'""	/;//	f/J	1//J	\	,,

'/ /  I

I •

-§	;/

I/  I /   •  :  • - •.	1I II11,.rl.½'tl	11

. .	\	' I . :;:

iJI

V/l;;

I .I½

1/ I	•  •	•	f,	'	/,  II	I	i

__	t"';P,?"!J)	//.- _: _:. _:

I

1

..,1/I .	z

\.	1 (	/ /,.;;•

,;,;/1;%!t1/	·	·	·IJ

f  ;:i:	1lh1, Jf1½1 r11';;l

\  \J1j/--.I

·	1////l!;/•111 lfj;u11//1	:u-

ir

1 11

/1  i	/	/;,

___	AFE.A5TOE>EMANr,,1NEo	[rul

,  • • •	•	1 z,i11111i''ii fl,	, 11,,;;1	-"' _ ND ·	1

I, I	1 ,

, ' , ,

, . ', '

,	,

f J///

r

'\	;;  :	• '  •  :	lllltlll	'	z½}fli111  0'i}	-··	D	.,,:-:..:::-::::'I

=,w= M

\::: : :	:	---	11,  .	.,1i$!k1½]1,lz 1il	.,,,,_	•

=Kl.-r F R    wee,,
.f

sL: :  l IN:ll6nlR8ED  A .e.s	.!',
di/ 
? S!B	, kMaJ	e J a n i t o r i a l	!!:;!,

·-	·-- ·- - -    EB

SHEETLS-1 forAR EAS T0 8EMAINTAINED

_         .,	J OO"

1

t.in:-lh
/

Crr..J	jJ/(;'7'1..-- -f llA/U< l G

Nov>,ber2DD3	Seo!•.
0

Tab 11

RESOLUTION 2021-06

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE PIER PARK COMMUNITY DEVELOPMENT DISTRICT TO AMEND RESOLUTION 2021-02 TO RE-DESIGNATE DATE, TIME AND PLACE OF PUBLIC HEARING AND AUTHORIZATION TO PUBLISH NOTICE OF SUCH HEARING FOR THE PURPOSE OF ADOPTING RULES OF PROCEDURE; AND PROVIDING AN EFFECTIVE DATE

WHEREAS, the Pier Park Community Development District (the “District”) is a local unit of special-purpose government created and existing pursuant to Chapter 190, Florida Statutes, being situated entirely within Bay County, Florida; and

WHEREAS, the Board of Supervisors of the District (the “Board”) is authorized by Chapter 190, Florida Statutes, to adopt rules and orders pursuant to Chapter 120, Florida Statutes;

WHEREAS, the Board previously adopted Resolution 2021-02 setting the date of a public hearing to adopt rule and orders; and

WHEREAS, the Board desires to amend the public hearing date set in Resolution 2021-02.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE PIER PARK COMMUNITY DEVELOPMENT DISTRICT:

SECTION 1. A Public Hearing will be held to adopt the District’s Rules of Procedure on August 3, 2021, at 10:00 a.m., CT, at the City of Panama City Beach City Hall, 17007 Panama City Beach Parkway, Panama City Beach, FL 32413.

SECTION 2. The District Secretary is directed to publish notice of the hearing in accordance with Section 120.54, Florida Statutes.

SECTION 3. This Resolution shall become effective immediately upon its adoption.

PASSED AND ADOPTED this 10th day of May, 2021.

ATTEST:	PIER PARK COMMUNITY DEVELOPMENT DISTRICT

Secretary/Assistant Secretary	Chairman, Board of Supervisors

Tab 12

RESOLUTION 2021-7

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE PIER PARK COMMUNITY DEVELOPMENT DISTRICT DESIGNATING A DATE, TIME AND LOCATION FOR A LANDOWNERS’ MEETING AND ELECTION; PROVIDING FOR PUBLICATION; ESTABLISHING FORMS FOR THE LANDOWNER ELECTION; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.

WHEREAS, Pier Park Community Development District (“District”) is a local unit of special- purpose government created and existing pursuant to Chapter 190, Florida Statutes, being situated entirely within Panama City Beach, Florida; and

WHEREAS, pursuant to Section 190.006(1), Florida Statutes, the District’s Board of Supervisors (“Board”) “shall exercise the powers granted to the district pursuant to [Chapter 190, Florida Statutes],” and the Board shall consist of five members; and

WHEREAS, the District is statutorily required to hold a meeting of the landowners of the District for the purpose of electing Board Supervisors for the District on a date in November established by the Board, which shall be noticed pursuant to Section 190.006(2), Florida Statutes.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF PIER PARK COMMUNITY DEVELOPMENT DISTRICT:

EXISTING BOARD SUPERVISORS; SEATS SUBJECT TO ELECTIONS. The Board is currently made up of the following individuals:

Seat Number	Supervisor	Term Expiration Date	
1	Chris Tilley	November 2023	
2	Christ Tilley, Jr.	November 2023	
3	Kenneth Goldberg	November 2021	
4	Marek Bakun	November 2021	
5	Lee Ann Leonard	November 2021	

This year, Seat 3, currently held by Kenneth Goldberg, Seat 4, currently held by Marek Bakun, Seat 5, currently held by Lee Ann Leonard and are subject to election by landowners in November 2021. The two candidates receiving the highest number of votes shall be elected for a term of four (4) years. The candidate receiving the next highest number of votes shall be elected for a term of two (2) years. The term of office for each successful candidate shall commence upon election.

LANDOWNER’S ELECTION. In accordance with Section 190.006(2), Florida Statutes, the meeting of the landowners to elect Board Supervisor(s) of the District shall be held on the 8th day of November, 2021, at 10:00 a.m. (CT), and located at City of Panama City Beach City Hall, 17007 Panama City Beach Parkway, Panama City Beach, Florida 32413.

PUBLICATION. The District’s Secretary is hereby directed to publish notice of the landowners’ meeting and election in accordance with the requirements of Section 190.006(2), Florida Statutes.

FORMS. Pursuant to Section 190.006(2)(b), Florida Statutes, the landowners’ meeting and election have been  announced by the Board at its May  10, 2021meeting. A sample notice  of

landowners’ meeting and election, proxy, ballot form and instructions were presented at such meeting and are attached hereto as Exhibit A. Such documents are available for review and copying during normal business hours at the office of the District Manager, Rizzetta & Company, Inc., located at 120 Richard Jackson Boulevard, Suite 220, Panama City Beach, Florida 32407.

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.

EFFECTIVE DATE. This Resolution shall become effective upon its passage.

PASSED AND ADOPTED THIS 10th DAY OF MAY, 2021.

PIER PARK COMMUNITY DEVELOPMENT DISTRICT

ATTEST:	CHAIRMAN / VICE CHAIRMAN SECRETARY / ASST. SECRETARY

EXHIBIT A

NOTICE OF LANDOWNERS’ MEETING AND ELECTION AND MEETING OF THE BOARD OF SUPERVISORS OF THE PIER PARK COMMUNITY DEVELOPMENT DISTRICT

Notice is hereby given to the public and all landowners within Pier Park Community Development District (“District”) the location of which is generally described as comprising a parcel or parcels of land containing approximately 172 acres, located between Back Beach Road and Front Beach Road, west of Powell Adams Road and east of Aaron Bessant Park in Bay County, advising that a meeting of landowners will be held for the purpose of electing three (3) person/people to the District’s Board of Supervisors (“Board,” and individually, “Supervisor”). Immediately following the landowners’ meeting there will be convened a meeting of the Board for the purpose of considering certain matters of the Board to include election of certain District officers, and other such business which may properly come before the Board.

DATE:	November	, 2021
TIME:	10:00 a.m. (CT)
PLACE:	Panama City Beach City Hall 17007 Panama City Beach Parkway Panama City Beach, Florida 32413

Each landowner may vote in person or by written proxy. Proxy forms may be obtained upon request at the office of the District Manager, c/o Rizzetta & Company, 120 Richard Jackson Blvd, Suite 220, Panama City Beach, FL 32407, Ph: (850) 334-9055 (“District Manager’s Office”). At said meeting each landowner or his or her proxy shall be entitled to nominate persons for the position of Supervisor and cast one vote per acre of land, or fractional portion thereof, owned by him or her and located within the District for each person to be elected to the position of Supervisor. A fraction of an acre shall be treated as one acre, entitling the landowner to one vote with respect thereto. Platted lots shall be counted individually and rounded up to the nearest whole acre. The acreage of platted lots shall not be aggregated for determining the number of voting units held by a landowner or a landowner’s proxy. At the landowners’ meeting the landowners shall select a person to serve as the meeting chair and who shall conduct the meeting.

The landowners’ meeting and the Board meeting are open to the public and will be conducted in accordance with the provisions of Florida law. One or both of the meetings may be continued to a date, time, and place to be specified on the record at such meeting. A copy of the agenda for these meetings may be obtained from the District Manager’s Office. There may be an occasion where one or more supervisors will participate by telephone.

Any person requiring special accommodations to participate in these meetings is asked to contact the District Manager’s Office, at least 48 hours before the hearing. If you are hearing or speech impaired, please contact the Florida Relay Service by dialing 7-1-1, or 1-800-955-8771 (TTY) / 1-800-955-8770 (Voice), for aid in contacting the District Manager’s Office.

A person who decides to appeal any decision made by the Board with respect to any matter considered at the meeting is advised that such person will need a record of the proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which the appeal is to be based.

Kim O’Mera District Manager
Run Date(s):	&	

PUBLISH: ONCE A WEEK FOR 2 CONSECUTIVE WEEKS, THE LAST DAY OF PUBLICATION TO BE NOT FEWER THAN 14 DAYS OR MORE THAN 28 DAYS BEFORE THE DATE OF ELECTION, IN A NEWSPAPER WHICH IS IN GENERAL CIRCULATION IN THE AREA OF THE DISTRICT

INSTRUCTIONS RELATING TO LANDOWNERS’ MEETING OF

PIER PARK COMMUNITY DEVELOPMENT DISTRICT FOR THE ELECTION OF SUPERVISORS

DATE OF LANDOWNERS’ MEETING:	, November    , 2021

TIME: 10:00 A.M. (CT)

LOCATION:	City of Panama City Beach City Hall 17007 Panama City Beach Parkway Panama City Beach, Florida 32413

Pursuant to Chapter 190, Florida Statutes, and after a Community Development District (“District”) has been established and the landowners have held their initial election, there shall be a subsequent landowners’ meeting for the purpose of electing members of the Board of Supervisors (“Board”) every two years until the District qualifies to have its board members elected by the qualified electors of the District. The following instructions on how all landowners may participate in the election are intended to comply with Section 190.006(2)(b), Florida Statutes.

A landowner may vote in person at the landowners’ meeting, or the landowner may nominate a proxy holder to vote at the meeting in place of the landowner. Whether in person or by proxy, each landowner shall be entitled to cast one vote per acre of land owned by him or her and located within the District, for each position on the Board that is open for election for the upcoming term. A fraction of an acre shall be treated as one (1) acre, entitling the landowner to one vote with respect thereto. For purposes of determining voting interests, platted lots shall be counted individually and rounded up to the nearest whole acre. Moreover, please note that a particular parcel of real property is entitled to only one vote for each eligible acre of land or fraction thereof; therefore, two or more people who own real property in common, that is one acre or less, are together entitled to only one vote for that real property.

At the landowners’ meeting, the first step is to elect a chair for the meeting, who may be any person present at the meeting. The landowners shall also elect a secretary for the meeting who may be any person present at the meeting. The secretary shall be responsible for the minutes of the meeting. The chair shall conduct the nominations and the voting. If the chair is a landowner or proxy holder of a landowner, he or she may nominate candidates and make and second motions. Candidates must be nominated and then shall be elected by a vote of the landowners. Nominees may be elected only to a position on the Board that is open for election for the upcoming term.

This year, three (3) seats on the Board will be up for election by landowners. The two candidates receiving the highest number of votes shall be elected for a term of four (4) years. The candidate receiving the next highest number of votes shall be elected for a term of two (2) years. The term of office for each successful candidate shall commence upon election.

A proxy is available upon request. To be valid, each proxy must be signed by one of the legal owners of the property for which the vote is cast and must contain the typed or printed name of the individual who signed the proxy; the street address, legal description of the property or tax parcel identification number; and the number of authorized votes. If the proxy authorizes more than one vote, each property must be listed and the number of acres of each property must be included. The signature on a proxy does not need to be notarized.

LANDOWNER PROXY

PIER PAKR COMMUNITY DEVELOPMENT DISTRICT BAY COUNTY, FLORIDA
LANDOWNERS’ MEETING – NOVEMBER     , 2021

KNOW ALL MEN BY THESE PRESENTS, that the undersigned, the fee simple owner of the lands described herein, hereby constitutes and appoints	(“Proxy Holder”) for and on behalf of the undersigned, to vote as proxy at the meeting of the landowners of the Pier Park Community Development District to be held at the City of Panama City Beach City Hall, 17007 Panama City Beach Parkway, Panama City Beach, Florida 32413, on November , 2021, at 10:00 a.m. (CT), and at any adjournments thereof, according to the number of acres of unplatted land and/or platted lots owned by the undersigned landowner that the undersigned would be entitled to vote if then personally present, upon any question, proposition, or resolution or any other matter or thing that may be considered at said meeting including, but not limited to, the election of members of the Board of Supervisors. Said Proxy Holder may vote in accordance with his or her discretion on all matters not known or determined at the time of solicitation of this proxy, which may legally be considered at said meeting.

Any proxy heretofore given by the undersigned for said meeting is hereby revoked. This proxy is to continue in full force and effect from the date hereof until the conclusion of the landowners’ meeting and any adjournment or adjournments thereof, but may be revoked at any time by written notice of such revocation presented at the landowners’ meeting prior to the Proxy Holder’s exercising the voting rights conferred herein.

Printed Name of Legal Owner

Signature of Legal Owner		Date	

Parcel Description			
Acreage		
Authorized Votes	

						

[Insert above the street address of each parcel, the legal description of each parcel, or the tax identification number of each parcel. If more space is needed, identification of parcels owned may be incorporated by reference to an attachment hereto.]

Total Number of Authorized Votes:

NOTES: Pursuant to Section 190.006(2)(b), Florida Statutes (2017), a fraction of an acre is treated as one (1) acre entitling the landowner to one vote with respect thereto. For purposes of determining voting interests, platted lots shall be counted individually and rounded up to the nearest whole acre. Moreover, two (2) or more persons who own real property in common that is one acre or less are together entitled to only one vote for that real property.

If the fee simple landowner is not an individual, and is instead a corporation, limited liability company, limited partnership or other entity, evidence that the individual signing on behalf of the entity has the authority to do so should be attached hereto (e.g., bylaws, corporate resolution, etc.).

OFFICIAL BALLOT
PIER PARK COMMUNITY DEVELOPMENT DISTRICT BAY COUNTY, FLORIDA
LANDOWNERS’ MEETING - NOVEMBER     , 2021

For Election (3 Supervisors): The two (2) candidates receiving the highest number of votes will each receive a four (4) year term, and the one (1) candidate receiving the next highest number of votes will receive a two (2) year term, with the term of office for the successful candidates commencing upon election.

The undersigned certifies that he/she/it is the fee simple owner of land, or the proxy holder for the fee simple owner of land, located within the Pier Park Community Development District and described as follows:

Description	Acreage

[Insert above the street address of each parcel, the legal description of each parcel, or the tax identification number of each parcel.] [If more space is needed, identification of parcels owned may be incorporated by reference to an attachment hereto.]

or

Attach Proxy.

I,	 	,	as	Landowner,	or	as	the	proxy	holder	of
 	 (Landowner) pursuant to the Landowner’s Proxy attached hereto, do cast my votes as follows:

SEAT #	NAME OF CANDIDATE	NUMBER OF VOTES	

			

Date:		Signed:  	
Printed Name:  	

Tab 13

Prepared by and return to: Douglas J. Sale
Hand Arendall Harrison Sale, LLC
P.O. Box 1579
Panama City, Florida 32401

FIRST AMENDMENT TO AMENDED AND RESTATED
PUBLIC IMPROVEMENT PARTNERSHIP AGREEMENT

by and among

CITY OF PANAMA CITY BEACH, FLORIDA,
PANAMA CITY BEACH COMMUNITY REDEVELOPMENT AGENCY, PIER PARK COMMUNITY DEVELOPMENT DISTRICT
and
THE ST. JOE COMPANY

Dated	, 2021. (Beachfront at Pier Park Project)
N:\PCB\ACTIVE\1.1004 Beachfront Property & Lease - Snackle\2021 RFP\1st A To A & R PIPA Inc ABP Mtn 03.16.21.Docx Corrected Reimbursement 3.18.21
N:\PCB\ACTIVE\1.1004 Beachfront Property & Lease - Snackle\2021 RFP\1st A To A & R PIPA 04.01.21.Docx (Deleted ABP Maintenance)
N:\PCB\ACTIVE\1.1004 Beachfront Property & Lease - Snackle\2021 RFP\1st A To A & R PIPA 04.08.21.Docx (ad turnover of maintenance of beachfront, ignore ABP)

FIRST AMENDMENT TO AMENDED AND RESTATED
PUBLIC IMPROVEMENT PARTNERSHIP AGREEMENT
(Beachfront at Pier Park Project)

THIS FIRST AMENDMENT TO AMENDED   AND   RESTATED   PUBLIC
IMPROVEMENT PARTNERSHIP AGREEMENT (the "Partnership Agreement") is made and executed as of	, 2021, (the “Effective Date”) by and among the City of Panama City Beach (the "City"), a municipal corporation duly organized and validly existing under the laws of the State of Florida (the "State"), the Panama City Beach Community Redevelopment Agency (the "CRA"), a public body corporate and politic under the laws of the State established pursuant to Part III of Chapter 163, Florida Statutes, the Pier Park Community Development District (the "CDD"), a local unit of special-purpose government established pursuant to Chapter 190, Florida Statutes, and The St. Joe Company, a Florida corporation ("St. Joe") and together with the City, the CRA and the CDD, the “Parties”).

WITNESSETH:

WHEREAS, the Parties entered into that certain Amended and Restated Public Improvement Partnership Agreement dated May 21, 2014, and recorded in the Official Records of Bay County, Florida, at Book 3611, Page 308 and following (the “PIPA”).

WHEREAS, the City owns the Beachfront Property in the Pier Park Redevelopment Area and the horizontal and vertical improvements currently on it and desires to redevelop or sponsor the redevelopment of the Beachfront Property to complement and enhance the already successful development of the Pier Park Redevelopment Area; and

WHEREAS, there is currently located on the Beachfront Property the Beachfront Improvements consisting of the Concession Deck (excluding its structural support system), the Public Restrooms, the Paving Improvements and the Pedestrian Walkway, all of which are maintained by the CDD at the City’s expense as provided in Section 3.07 of the PIPA and the definition of Annual Reinvestment; and

WHEREAS, there is also currently located on the Beachfront property the structural support system for the Concession Deck, the Pier Access Control Station, and the Retail Building which are maintained by the City; and

WHEREAS, redevelopment of the Beachfront Property will necessarily modify or eliminate material portions of the existing horizontal and vertical improvements located there and in conjunction with the redevelopment of the Beachfront Property the City is willing to maintain or cause to be maintained all vertical and horizontal improvements added to the Beachfront Property; and

WHEREAS, regardless of whether the Beachfront Property is redeveloped, the parties agree that after the Annual Reinvestment is computed, in part, based upon the Budgeted Beachfront Maintenance Cost it would be most convenient and efficient for the City to maintain the vertical and horizontal improvements on the Beachfront Property rather than require the CDD to retain that responsibility and be reimbursed by the City; and

NOW, THEREFORE, in consideration of the premises set forth above and the covenants and benefits herein set forth, and reliance upon these presents, the Parties agree as follows:

SECTION 1.    RECITALS AND CONVENTION.   The forgoing recitals are true, complete, and not misleading with respect to the matters stated. The terms capitalized in this First Amendment have the meanings ascribed in the PIPA.

SECTION 2. NO DEFAULTS. Each Party represents and warrants to each other, severally, that no Party is in breach or default of a material term, condition or representation in the PIPA and that it is not aware of any circumstances which, with the passage of time or the giving of notice, would constitute such a breach or default.

SECTION 3.	BEACHFRONT PROPERTY MAINTENANCE COST.	Effective upon the
earlier of (i) the commencement of the redevelopment of the Beachfront Property demonstrated by a private developer having entered a redevelopment contract with the City and taken possession of the Beachfront Property, or (ii) the date upon which the Annual Reinvestment is computed pursuant to sub-part (A) of the definition of that term herein, (the “Beachfront Maintenance Crossover Date”), Section 3.07 of the PIPA (entitled “Beachfront Property Maintenance”) is deleted and is of no further force and effect and that section is re-titled “Section 3.07 Reserved.”

SECTION 5.	MAINTENANCE COST AND CASUALTY LOSSES.	Effective upon the
Beachfront Maintenance Crossover Date, Section 3.10 of the PIPA (entitled “Maintenance Cost and Casualty Losses”) is deleted and is of no further force and effect and that section is re-titled “Section 3.10 Reserved.”

SECTION 5. DEFINITIONS. Effective immediately after the Beachfront Maintenance Crossover Date, the following definitions set out in Section 1.02 of the PIPA (entitled “Definitions”) are amended as follows (omitted text stricken):

"Annual Reinvestment" means the amount calculated as of October 1st of each Fiscal Year equal to the lesser of:

the sum of (1) the Budgeted Aaron Bessant Maintenance Cost for that Fiscal Year, (2) [reserved] the Budgeted Beachfront Property Maintenance Cost for that Fiscal Year, (3) sixty-one and seventeen-one-hundredths percent (61.17%) of the Debt Service Amount due in that Fiscal Year (4) and sixty-one and seventeen- one- hundredths percent (61.17%) of the amount by which the interest component of the Debt Service Amount is increased solely as the result of a Determination of

Taxability (the “Determination of Taxability Surcharge”), provided always that the sum of the amounts of the forgoing item (3) and this item (4) shall never exceed sixty-one and seventeen-one-hundredths percent (61.17%) of the annual debt service on the Original Debt Obligations as illustrated on Exhibit K , and (5) the sum of the principal amounts of Subordinated Notes then outstanding, except that this sum shall not be less than the sum of (1) the Tax Increment Revenue transferred by the CRA to the Revenue Fund for that Fiscal Year, (2) the Budgeted Aaron Bessant Maintenance Cost for that Fiscal Year, and (3) the Budgeted Beachfront Property Maintenance Cost for that Fiscal Year (the sole purpose of this exception being to provide, in the event that Tax Increment Revenue exceeds the Debt Service Amount in any Fiscal Year, (i) that the excess will be applied to the earliest possible redemption of the Refunding Debt Obligations as provided in Section 5.03, and (ii) that the Budgeted Aaron Bessant Maintenance Cost and the Budgeted Beach Front Maintenance Cost will be paid from Shared Pier Park Revenue); or

the sum of (1) the Tax Increment Revenue projected to be received by the CRA during that Fiscal Year, and (2) the Shared Pier Park Revenue projected to be received during that Fiscal Year, determined and subsequently adjusted as provided in Section 6.03.

"Beachfront Property Maintenance Cost" means the cost incurred by the CDD to maintain the Beachfront Improvements and the other grounds and facilities of the Beachfront Property (excluding beachfront renourishment) as required by Section 3.07(B) hereof.

"Budgeted Beachfront Property Maintenance Cost" means the estimated Beachfront Property Maintenance Cost, as established in the CDD's annual budget.

SECTION 6. CITY RE-DEVELOPMENT OF BEACHFRONT PROPERTY

Effective October 1, 2001, and until redevelopment of the Beachfront Property is commenced, the City shall be responsible for operating and maintaining the existing Concession Deck, the existing Public Restrooms, the existing Paving Improvements, the existing Pedestrian Walkway, the existing Pier Access Control Station, the existing Retail Building (collectively the “Existing Horizontal and Vertical Improvements”) and the existing Russell-Fields Pier within and beyond the Beachfront Property. The City shall provide lifeguard services for the Beachfront Property to the same extent such services are provided by the City for other public, City gulf beaches, if any.

The Parties acknowledge that the City intends to issue a Request for Proposals from the private sector to re-develop the Beachfront Property which will necessarily involve modification or elimination of material portions of the Existing Horizontal and Vertical Improvements, and they consent to that re-development.

The City shall require that the improvements to be developed or redeveloped on the Beachfront Property be aesthetically and functionally compatible with the facilities currently developed in the portion of the Pier Park Redevelopment Area abutting the northern boundary of Front Beach Road, and that they be maintained in a neat, clean, orderly, and attractive condition.

SECTION 6.	CONTINUATION.	Except as expressly modified here, all terms and conditions of the PIPA shall remain in full force and effect.

[Signatures on pages following.]

IN WITNESS WHEREAS, the City Council of the City of Panama City Beach, Florida, has caused this Partnership Agreement to be executed and delivered as of the date first above written.

CITY OF PANAMA CITY BEACH, FLORIDA

By:		 Drew Whitman, City Manager

By:		 Mark Sheldon, Mayor
ATTEST:

Lynne Fasone, City Clerk

STATE OF FLORIDA COUNTY OF BAY

The foregoing instrument was acknowledged before me by Drew Whitman and Mark Sheldon as City Manager and Mayor, respectively, of the City of Panama City Beach, Florida. Each person is personally known to me or has produced
 	 as identification.

WITNESS my hand and official seal, this	day of	, 2021.

Notary Public
State of Florida
My commission expires  	

APPROVED AS TO FORM:

HAND ARENDALL HARRISON SALE, LLC.
City Attorneys

IN WITNESS WHEREOF, the Panama City Beach City Council, ex officio as the Governing Body of the Panama City Beach Community Redevelopment Agency has caused this Partnership Agreement to be executed and delivered as of the date first above written.

PANAMA CITY BEACH COMMUNITY REDEVELOPMENT AGENCY

By:		 Drew Whitman, Executive Director

ATTEST:

By:		 Mark Sheldon, Chairman

Lynn Fasone, Clerk

STATE OF FLORIDA COUNTY OF BAY

The foregoing instrument was acknowledged before me by Drew Whitman and Mark Sheldon as Executive Director and Chairman, respectively, of the Panama City Beach Redevelopment Agency. Each person is personally known to me or has produced
 	 as identification.

WITNESS my hand and official seal, this	day of	, 2021.

Notary Public State of Florida
My commission expires  	

APPROVED AS TO FORM

HAND ARENDALL HARRISON SALE, LLC.
CDD Attorneys

IN WITNESS WHEREOF, the Board of Supervisors of the Pier Park Community Development District has caused this Partnership Agreement to be executed and delivered as of the date first above written.

PIER PARK COMMUNITY DEVELOPMENT DISTRICT

BY: 	
Chairman, Board of Supervisors

ATTEST:

Secretary

STATE OF FLORIDA COUNTY OF BAY

The foregoing instrument was acknowledged before me by	, and
 	, as Chairman and Secretary of the Pier Park Community Development District Board of Supervisors, respectively. Each person is personally known to me or has produced		as identification.

WITNESS my hand and official seal, this         day of	, 2021.

Notary Public
State of Florida
My commission expires  	

IN WITNESS WHEREOF, The St. Joe Company has caused this Partnership Agreement to be executed and delivered as of the day and year first above written.

THE ST. JOE COMPANY

By:		 (Vice) President

ATTEST:

Asst Secretary

STATE OF FLORIDA COUNTY OF  	

The foregoing instrument was acknowledged before me by	and
 	, as	and	of The St. Joe Company, a Florida corporation, on behalf of the corporation. They are personally known to me or have produced (type of identification) and did (did not) take an oath.

WITNESS my hand and official seal, this         day of	, 2021.

Notary Public
State of Florida
My commission expires  	

Tab 14

Company ID Number:  	

THE E-VERIFY MEMORANDUM OF UNDERSTANDING
FOR EMPLOYERS

ARTICLE I PURPOSE AND AUTHORITY

The parties to this agreement are the Department of Homeland Security (DHS) and the
 	(Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E-Verify.

E-Verify is a program that electronically confirms an employee’s eligibility to work in the United States after completion of Form I-9, Employment Eligibility Verification (Form I-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the Social Security Administration (SSA), and DHS.

Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat.
3009, as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, “Employment Eligibility Verification” and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts.

ARTICLE II RESPONSIBILITIES

RESPONSIBILITIES OF THE EMPLOYER

The Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system:
Notice of E-Verify Participation
Notice of Right to Work
The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives’ contact information changes.
The Employer agrees to grant E-Verify access only to current employees who need E- Verify access. Employers must promptly terminate an employee’s E-Verify access if the

employee is separated from the company or no longer needs access to E-Verify.
The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual.
The Employer agrees that any Employer Representative who will create E-Verify cases will complete the E-Verify Tutorial before that individual creates any cases.
The Employer agrees that all Employer representatives will take the refresher tutorials when prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial will prevent the Employer Representative from continued use of E-Verify.
The Employer agrees to comply with current Form I-9 procedures, with two exceptions:
If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form I-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218.
If an employee presents a DHS Form I-551 (Permanent Resident Card), Form I-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form I-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee’s Form I-9. The Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool.

Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form I-9.

The Employer agrees to record the case verification number on the employee's Form I-9 or to print the screen containing the case verification number and attach it to the employee's Form I-9.
The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to complete, retain, and make available for inspection Forms I-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form I-9 procedures.
The following modified requirements are the only exceptions to an Employer’s obligation to not employ unauthorized workers and comply with the anti- discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment

following a final nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify.
DHS reserves the right to conduct Form I-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify.
The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form I-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form I-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability.
The Employer agrees not to use E-Verify for pre-employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize.
The Employer must use E-Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article II.B of this MOU.
The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee’s E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge.
The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(l)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee

may not be terminated or suffer any adverse employment consequences based upon the employee’s perceived employment eligibility status (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee’s employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464-4218 (customer service) or 1-888-897-7781 (worker hotline).
The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA as applicable by not discriminating unlawfully against any individual in hiring, firing, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices. The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound “foreign” or have received tentative nonconfirmations. The Employer further understands that any violation of the immigration-related unfair employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti-discrimination provision, it should contact the Immigrant and Employee Rights Section, Civil Rights Division, U.S. Department of Justice at 1-800-255-8155 or 1-800-237-2515 (TTY) or go to https://www.justice.gov/ier.
The Employer agrees that it will use the information it receives from E-Verify only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes.
The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888- 464-4218 or via email at E-Verify@dhs.gov. Please use “Privacy Incident – Password” in the subject line of your email when sending a breach report to E-Verify.
The Employer acknowledges that the information it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties.
The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, which includes permitting DHS, SSA, their contractors and

other agents, upon reasonable notice, to review Forms I-9 and other employment records and to interview it and its employees regarding the Employer’s use of E-Verify, and to respond in a prompt and accurate manner to DHS requests for information relating to their participation in E-Verify.
The Employer shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its services as federally-approved, federally-certified, or federally-recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false.
The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS.
The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer’s services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify.
The Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU.

RESPONSIBILITIES OF FEDERAL CONTRACTORS

If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors.
In addition to the responsibilities of every employer outlined in this MOU, the Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any “employee assigned to the contract” (as defined in FAR 22.1801). Once an employee has been verified through E-Verify by the Employer, the Employer may not create a second case for the employee through E-Verify.
An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E-Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee’s assignment to the contract, whichever date is later.
Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to begin verification of employment

eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within three business days after the date of hire. An Employer enrolled as a Federal contractor in E- Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later.
Federal contractors that are institutions of higher education (as defined at 20
U.S.C. 1001(a)), state or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee’s assignment to the contract, whichever date is later.
Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to verify existing staff following DHS procedures and begin E-Verify verification of all existing employees within 180 days after the election.
The Employer may use a previously completed Form I-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as:
That Form I-9 is complete (including the SSN) and complies with Article II.A.6,
The employee’s work authorization has not expired, and
The Employer has reviewed the Form I-9 information either in person or in communications with the employee to ensure that the employee’s Section 1, Form I-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen).
The Employer shall complete a new Form I-9 consistent with Article II.A.6 or update the previous Form I-9 to provide the necessary information if:
The Employer cannot determine that Form I-9 complies with Article II.A.6,
The employee’s basis for work authorization as attested in Section 1 has expired or changed, or
The Form I-9 contains no SSN or is otherwise incomplete.

Note: If Section 1 of Form I-9 is otherwise valid and up-to-date and the form otherwise complies with Article II.C.5, but reflects documentation (such as a U.S. passport or Form I-551) that expired after completing Form I-9, the Employer shall

not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual.

The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article.
The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer’s compliance with Federal contracting requirements.

RESPONSIBILITIES OF SSA

SSA agrees to allow DHS to compare data provided by the Employer against SSA’s database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA’s database.
SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401).
SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the Employer.
SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight-day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the employer.

Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218.

RESPONSIBILITIES OF DHS

DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer to conduct, to the extent authorized by this MOU:
Automated verification checks on alien employees by electronic means, and
Photo verification checks (when available) on employees.

DHS agrees to assist the Employer with operational problems associated with the Employer's participation in E-Verify. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E- Verify process.
DHS agrees to provide to the Employer with access to E-Verify training materials as well as an E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for both SSA and DHS, including restrictions on the use of E-Verify.
DHS agrees to train Employers on all important changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials.
DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in E-Verify. DHS also agrees to provide to the Employer anti-discrimination notices issued by the Immigrant and Employee Rights Section, Civil Rights Division, U.S. Department of Justice.
DHS agrees to issue each of the Employer’s E-Verify users a unique user identification number and password that permits them to log in to E-Verify.
DHS agrees to safeguard the information the Employer provides, and to limit access to such information to individuals responsible for the verification process, for evaluation of
E-Verify, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal criminal laws, and to administer Federal contracting requirements.
DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry.
DHS agrees to provide a means of secondary verification (including updating DHS records) for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions.

ARTICLE III
REFERRAL OF INDIVIDUALS TO SSA AND DHS

REFERRAL TO SSA

If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee’s E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of

the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending.
The Employer agrees to obtain the employee’s response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation.
After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed by E-Verify. The Employer must record the case verification number, review the employee information submitted to E-Verify to identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests, to SSA for verification again if this review indicates a need to do so.
The Employer will instruct the employee to visit an SSA office within eight Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary.
While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates.
The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database (the Numident) or other written verification of the SSN from the SSA.

REFERRAL TO DHS

If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee’s E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending.
The Employer agrees to obtain the employee’s response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation.
The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation.
If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the employee to contact DHS through its toll-free hotline (as found on the referral letter) within eight Federal Government work days.
If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally.
The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee’s Form I-551, Form I-766, U.S. Passport, or passport card to DHS for review by:

Scanning and uploading the document, or
Sending a photocopy of the document by express mail (furnished and paid for by the employer).
The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee’s documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch.
DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary.
While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates.

ARTICLE IV SERVICE PROVISIONS

A. NO SERVICE FEES

1. SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an Employer will need a personal computer with Internet access.

ARTICLE V MODIFICATION AND TERMINATION

MODIFICATION

This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all parties.
Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes.

TERMINATION

The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties.
Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Employer’s participation in E-Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established E-Verify procedures and/or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the

performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state where E-Verify is mandatory, termination of this by any party MOU may negatively affect the Employer’s business.
An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such cases, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this MOU that apply to non-Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees.
The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer is terminated from E-Verify.

ARTICLE VI PARTIES

Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU.
Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees.
The Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void.
Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer.
The Employer understands that its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA).
The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Employer, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or suspension.
The foregoing constitutes the full agreement on this subject between DHS and the

Employer.

To be accepted as an E-Verify participant, you should only sign the Employer’s Section of the signature page. If you have any questions, contact E-Verify at 1-888- 464-4218.

Approved by:

E-Verify Employer	
Name (Please Type or Print)	Title	
Signature	Date	
Department of Homeland Security – Verification Division	
Name (Please Type or Print)	Title	
Signature	Date	

Information Required for E-Verify

Information relating to your Company:	
Company Name:		
Company Facility Address:		
Company Alternate Address:		
County or Parish:		

Employer Identification Number:		
North American Industry
Classification Systems Code:		
Parent Company:		
Number of Employees:		
Number of Sites Verified for:		
Are you verifying for more than one site?
If yes, please provide the number of sites verified for in each State:

State	Number of	Site(s) sites	

Information relating to the Program Administrator(s) for your Company on policy questions or operational problems:	
Name:		
Telephone Number:		
Fax Number:		
E-mail Address:		

Name:		
Telephone Number:		
Fax Number:		
E-mail Address:		

Tab 15

Supervisor of Elections Mark Andersen
Bay County
830 W. 11th Street Panama City, FL 32401

Phone: 850-784-6100

Cell:	850-819-6933
Fax:	850-784-6141
baysuper@bayvotes.org www.bayvotes.org

April 15, 2021

Pier Park Community Development District Att: Kimberly O'Mera
Via Email: komera@rizetta.com

Dear Ms. O'Mera:

As of April 15, 2021 there are no registered voters residing in the Pier Park Community Development District.

If you have any questions or concerns, please contact my office.

Respectfully,

Mark Andersen
Supervisor of Elections, Bay County

Page 1 of 1	10112 REV D 09/06/19