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11/05/2019 Agenda Naples Heritage Community Development District Board of Supervisors o Kenneth R.Gaynor,Chairman o Peter V.Ramundo,Vice Chairman o Justin Faircloth,District Manager o Gerald G.James,Assistant Secretary o Gregory L.Urbancic,District Counsel o Richard J.Leonhard,Assistant Secretary o W.Terry Cole,District Engineer o Tom Rutkowski,Assistant Secretary Meeting Agenda November 5,2019—9:00 a.m. 1. Roll Call 2. Public Comment on Agenda Items 3. Organizational Matters A. Oath of Office—Tom Rutkowski 4. Approval of the Minutes of the May 7,2019 Meeting 5. Old Business A. Master Association Club Expansion Update B. Campus Suite ADA Website Compliance Proposal 6. New Business A. Supervisor Direct Deposit 7. Manager's Report A. Acceptance of Financial Statements B. Motion to Assign Fund Balance C. Resolution 2020-1 Amending FY 2019 Budget D. Engagement Letter FY 2019 Audit-Grau&Associates E. Field Manager's Report F. Follow Up Items i. FEMA First Appeal Determination 8. Attorney's Report 9. Engineer's Report 10. Supervisors'Requests 11. Audience Comments 12. Adjournment Next Meeting Scheduled for January 7,2020 District Office: Meeting Location: 210 N.University Drive,Suite 702 Naples Heritage Golf and Country Club Clubhouse Coral Springs,FL 33071 8150 Heritage Club Way 954-603-0033 Naples,FL till Nap1r I4. .u" PART OF THE USA TODAY NETWORK Published Daily Naples,FL 34110 Notice of Meetings Naples Heritage Community NAPLES HERITAGE COMM UNITY Development District 210 N UNIVERSITY DR 702 The Board of Supervisors of the Naples Heritage Community De vefoprnont District will hold their meetings for Fiscal Year 2020 at the Naples Heritage Golf and Country Club Clubhouse, 8150 CORAL SPRINGS,FL 33071 Heritage Club Way,Naples,Florida at 9:00 a.m.as follows: November 5,2019(Election Day) January 7,2020 Affidavit of Publication March 3,2020 STATE OF WISCONSIN MayAal 7,2020 5,2020 COUNTY OF BROWN Meetings may be continued to a date and time certain which will be announced at the meeting. There may be occasions Before the undersigned they serve as the authority, when one or more Supervisors will participate by telephone. At the meeting location (here will be present a speaker telephone personally appeared said legal clerk who on oath says that so that any interested person can attend the meeting at the he/she serves as Legal Clerk of the Naples Daily News, a meeting location and be fully informed of the discussions taking daily newspaper published at Naples, in Collier County, place either in person or by telephone communication, Florida; distributed in Collier and Lee counties of Florida; Any person requiring special accommodations at these meetings because of a disability or physical impairment should contact that the attached copy of the advertising was published in the District Manager's Office at least lorly-night (48)hours prior said newspaper on dates listed. Affiant further says that the to the meeting. It you are hearing or speech Impaired, please contact the Florida Relay Service by dialing 7.1-1, or 1-800-955. said Naples Daily News is a newspaper published at 8771 (TTY)11.800.955.8770 (Voice), for aid in contacting the Naples, in said Collier County, Florida, and that the said District Manager's Office. newspaper has heretofore been continuously published in Each person who decides to appeal any action taken at these said meetings is advised Ihal person will meed a record of the pro, ceeclings and that accordingly, the parson may head to ensure Collier County, Florida; distributed in Collier and Lee that a verbatim record 01 the proceedings is made, Including counties of Florida, each day arid has been entered as the testimony and evidence upon which such appeal is to be second class mail matter at the post office in Naples, in based. Justin Faircloth said Collier County, Florida, for a period of one year next District Manager preceding the first publication of the attached copy of Sept 5,2019 No.3736719 advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ckth4 Published:September 5,2019 NCIA-A9- Subscribed an sworn to before on September 6,2019: • n n..,,., 1-`rI Us,;i'I 6.._.I Notary,Slate of WI,County of Brown /\i"iA Mirth OC:t-I Nolnry Public Globe of Wisconsin My commission expires August 6.2021 Publication Cost:$280 00 Ad No:0003736719 Customer No:1306647 PO ff: Meeting Notice OATH OF OFFICE (Art. II.§5(b),Fla.Const.) STATE OF FLORIDA County of Collier I do solemnly swear (or affirm) that I will support, protect, and defend the Constitution and Government of the United States and of the State of Florida; that I am duly qualified to hold office under the Constitution of the State,and that I will well and faithfully perform the duties of Naples Heritage CDD Supervisor Seat #2 (Title of Office) on which I am now about to enter,so help me God. [NOTE: If you affirm,you may omit the wordsa/-414;"""so help me God." See§92.52,Fla. Stat.] Signature t,/' Sworn to and subscribed before me this J day of AO 1.4141 , 2-0 `r el!lid* attire of wet-Administering ath or of Notary Public 10110 brawl law Print, Type,or Stamp Commissioned Name of Notary Public Personally Known L OR Produced Identification ❑ Type of Identification Produced ACCEPTANCE I accept the office listed in the above Oath of Office. E Mailing Address: tIome 0 Office 01:05' else, fil=k1A Pg. the 1001,4L5 c•J fauTi<0 LC'SK.-1 Street or Post Office Box Print Name A)APL.i.5 t FL . 54-111.. City,State,Zip Code Signatur DS-DE 56(Rev.11/16) AGREEMENT BETWEEN THE NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT AND INNERSYNC STUDIO,LTD.,D/B/A CAMPUS SUITE,FOR WEBSITE AUDITING,REMEDIATION,AND MAINTENANCE SERVICES THIS AGREEMENT ("Agreement") is entered into as of this 5th day of November, 2019 (the"Effective Date")by and between: NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT, a local unit of special-purpose government, established and existing pursuant to Chapter 190, Florida Statutes, with a mailing address of c/o Inframark Infrastructure Management Services, 5911 Country Lakes Drive, Fort Myers, FL 33905 (the "District"),and INNERSYNC STUDIO, LTD., d/b/a CAMPUS SUITE, an Ohio limited liability company, authorized to do business in Florida, with a mailing address of 752 Dunwoodie Drive, Cincinnati, Ohio 45230("Contractor"). RECITALS WHEREAS,the District is a local unit of special-purpose government,created and existing pursuant to Chapter 190,Florida Statutes;and WHEREAS, pursuant to section 189.069, Florida Statutes, the District must maintain an official website containing, at minimum,the statutorily required information("Website"); and WHEREAS, the District has a need to obtain a qualified independent contractor to perform audits of the Website to ensure compliance with the accessibility requirements of Title II of the Americans with Disabilities Act ("ADA"), which ADA accessibility requirements and standards may change from time to time, and to remediate or otherwise convert the Website to meet such ADA accessibility requirements, to routinely audit the Website to ensure continued compliance with the ADA and to perform ongoing maintenance of the Website, all as more particularly described herein and in the proposal attached hereto as Exhibit A and made a part herein(together, the"Services");and WHEREAS, Contractor represents and warrants to the District that it is qualified, willing and capable of providing the Services; and WHEREAS,the District and Contractor desire to enter into this Agreement for the purposes stated herein and the District and Contractor warrant and agree that they have all right,power and authority to enter into and be bound by this Agreement. Now, THEREFORE, in consideration of the recitals, agreements and mutual covenants contained herein, and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged by the parties,the parties agree as follows: SECTION 1. RECITALS. The recitals stated above are true and correct and by this reference are incorporated herein and form a material part of this Agreement. SECTION 2. SCOPE OF WORK. Contractor shall provide Services in accordance with the terms provided in this Agreement and in Exhibit A,which Services include: A. INITIAL WEBSITE REMEDIATION. Upon execution of the Agreement by the Parties,Contractor shall migrate the District's existing Website or otherwise create a new Website in order to produce a functional, responsive, working Website compliant with federally recommended ADA best practices for state and local governments as promulgated by federal law and rulemaking,including but not limited to Web Content Accessibility Guidelines 2.1 Level AA, as the same may be amended and updated from time to time (as amended and updated from time to time,"WCAG"). Specifically, Contractor shall,at a minimum: i. provide an ADA compliant Website that meets,at minimum,the currently- effective WCAG standards; ii. convert up to one thousand five hundred (1500) pages of PDF documents identified by the District to accessible formats for assistive technologies. If certain PDFs are not able to be fully remediated,Contractor shall work with the District to create a summary of the content in the PDF and provide contact information if anyone needs reasonable accommodations to access the full content within that PDF; iii. provide a website accessibility policy that includes a commitment to accessibility for persons with disabilities, the District's engagement of Contractor for ADA specific services,in an effort to bring the Website into ADA compliance, accessibility standard used and applied to the Website(which shall be at a minimum WCAG),and contact information of the District Manager or their designee (email and phone number)for users encountering any problems; iv. provide options to create a District-branded design(colors, logo,etc.); v. provide Contractor's ADA compliance shield, seal or certification for display on the Website("Compliance Shield"); vi. cross-check ADA compliance for accessibility and compatibility of the Website with various technology mediums, including but not limited to mobile phones, smart phones, tablets, laptop computers, desktop computers, and provide "mobile friendly"or"mobile versions"of the Website accessible via various web browsers including but not limited to Internet Explorer,Edge, Mozilla, Safari, and Chrome; vii. eliminate and prevent any commercial advertising on the Website; viii. eliminate and prevent exposure to any known spyware, virus or malware affecting functionality or accessibility of the Website; ix. secure "https" certification and provide secure "cloud" hosting with fail- over back-up measures to ensure continued functionality and accessibility of the Website; 2 x. provide data back-up and records retention measures as required by Florida law; xi. provide and/or allow display of an ADA compliant calendar, reservation request form, and newsletter, as applicable or necessary to the District; xii. provide a "dashboard" accessible to the District Manager or his or her designee which allows the District to upload and remove content, manage documents to be remediated by Contractor, and review ADA compliance reports generated by Contractor. However, Contractor shall ensure that the District does not have the ability to alter any other aspect of the Website which may negatively impact the functionality or accessibility of the Website; xiii. provide any and all other effort reasonably necessary to allow the District to receive the maximum benefit of the Services contemplated by this Agreement and Exhibit A, recognizing the District is relying on Contractor's expertise for Website design/best practices in accordance with the ADA requirements including but not limited to WCAG standards. B. MAINTENANCE. Starting November 5, 2019, Contractor shall provide on-going maintenance of the Website, to ensure continued compliance with WCAG. Specifically, Contractor shall: i. host,manage and maintain the Website; ii. remediate new documents, up to one thousand (1,000) pages per year; for any agenda packages. Contractor shall turn around the remediated version within two (2) business days; any updates or fixes needed to the agenda requiring remediation shall be remediated within 48 hours of the District Manager's submission for such request; iii. remediate new documents identified by the District to accessible formats for assistive technologies. If certain documents are not able to be fully remediated, Contractor shall work with the District to create a summary of the content in such document and provide contact information if anyone needs reasonable accommodations to access the full content within that document. For any agenda packages, including any updates thereto, Contractor shall turn around the remediated version within two (2) business days of the District Manager's submission for such request; iv. provide assistive technical support via telephone and/or email, as reasonably needed, within regular business hours between 9 a.m. and 6 p.m., Monday through Friday, exclusive of federal holidays,which shall include but not be limited to assistance in converting newly added documents and upgrading to new ADA recommended standards, if any, and regularly corresponding with the District staff on such items as updates,changes and recommendations; v. store and retain all District content, including files, texts, parameters, documents, and other types of data by backing up the same in a separate storage 3 system and regularly backing up new content as they are submitted and uploaded to the Website; vi. ensure that the Website is "live" and "on-line" at all times, unless a scheduled maintenance or upgrades arc required;for any scheduled maintenance or upgrades which would affect the functionality or accessibility of the Website for a prolonged time, Contractor shall provide reasonable advance notice to the District in writing,and post a disclaimer message on the Website during such maintenance or upgrade; vii. perform monthly comprehensive technological, and human as needed, audits to ensure Website's compliance with WCAG standards or better and any applicable laws,rules and regulations applicable to the Website. After each audit, Contractor shall remediate any deficiencies identified during such audit and provide a written report to the District summarizing the audit and remediation made, if any; viii. in the event that certain documents are not able to be fully remediated and accessible in accordance with ADA compliance standards, Contractor shall immediately notify the District of such documents and shall provide contact information for anyone who needs reasonable accommodation to access all or any portion of such content; ix. continue to provide and update, as needed, those Services identified in Section 2(A)(iii),(v),(viii), (x),and(xii);and x. provide any and all other effort reasonably necessary to allow the District to receive the maximum benefit of the Services contemplated by this Agreement and Exhibit A, recognizing the District is relying on Contractor's expertise for Website design/best practices in accordance with the ADA requirements including but not limited to WCAG standards. C. ADDITIONAL SERVICES. In the event that the District desires additional work or services,Contractor agrees to negotiate in good faith to undertake such additional work or services. Upon successful negotiation regarding the terms of the additional work, including scope and compensation, the parties shall agree in writing to a work order, addendum, addenda, or change order to this Agreement prior to commencement of any such additional work. The following is a non-exhaustive list of possible additional services that the District may request of Contractor: i. providing a point of contact to respond to requests for Website accommodation; ii. converting documents for a public records requests received by the District; iii. providing any other ADA recommended compliance services requested by the District that Contractor is capable of performing. SECTION 3. COMPENSATION. As compensation for the Services, the District agrees to pay Contractor in accordance with the following terms: 4 A. INITIAL WEBSITE REMEDIATION. For performance of the Services as provided in Section 2(A) of this Agreement,the District shall pay Contractor a one-time fee of one thousand, five hundred twelve and 30/100 dollars ($1,512.30), fifty percent (50%) of which shall be due within thirty(30) days after the Effective Date as a deposit. Contractor shall invoice the District for such amount. Further, Contractor shall invoice the District for the remaining fifty percent (50%) equal to seven hundred fifty-six and 15/100 dollars($756.15)upon substantial completion of the Services provided in Section 2(A). B. MAINTENANCE. For performance of the Services as provided in Section 2(B) of this Agreement, starting November 5,2019 the District shall pay Contractor one thousand five hundred fifty-two dollars and fifty cents($1,552.50)per year,payable in four(4)equal quarterly installments of three hundred eighty-eight dollars and thirteen cents($388.13). Parties understand and acknowledge that this includes (i) the annual fee for the domain name for the District's Website, which Contractor shall pay, at its sole expense, on behalf of the District; and (ii) document remediation pursuant to Section 2(B)(iii) of up to one thousand(1,000)pages per year ("Annual Max Pages"). C. ADDITIONAL CONVERSIONS. For remediating and converting any documents in excess of the Annual Max Pages included in the maintenance price,Contractor shall provide such services for an amount not to exceed ninety-eight cents($0.98)per page. Contractor shall perform remediation and conversion of additional documents only upon receipt of written authorization of the District approving the same. D. INVOICES; PAYMENT. Contractor shall maintain records conforming to usual accounting practices.Further,Contractor shall render each invoice to the District in writing,which shall be delivered promptly upon completion of each Service. Each invoice shall contain, at a minimum, the District's name, Contractor's name, the invoice date, an invoice number, an itemized listing of all costs billed on each invoice with a sufficient description of each allowing the District to approve each cost,the time frame within which the Services were provided,and the address or bank information to which payment is to be remitted. Consistent with Florida's Prompt Payment Act,section 218.70,et al., Florida Slatules,the invoices shall be due and payable within forty-five(45)days of receipt by the District. SECTION 4. TERM AND TERMINATION. A. TERM. This Agreement shall become effective upon the Effective Date and shall be in effect until terminated by either party in accordance with the terms of this Agreement. B. TERMINATION. The District agrees that Contractor may terminate this Agreement for cause by providing ninety (90) days' written notice of termination to the District; provided, however,that the District shall be provided a reasonable opportunity to cure any failure under this Agreement. Contractor agrees that the District may terminate this Agreement immediately for cause by providing written notice of termination to Contractor. Contractor agrees that the District may terminate this Agreement without cause; provided that the District shall provide thirty (30) days' written notice of termination without cause. Upon any termination of this Agreement, Contractor shall (i) be entitled to payment for all Services rendered up until the effective termination of this Agreement,subject to whatever claims or offsets the District may have against Contractor as the sole means of recovery for termination; (ii) be permitted to remove the 5 Compliance Shield from the Website as of the effective date of the termination; (iii)provide the District, or its designee, all domain names, authorizations, usernames, passwords, and content (including remediated content) in the format in which it was stored on the service; (iv) if the Contractor used proprietary and/or licensed software to provide the Services herein to the District, then Contractor shall coordinate with the District as to the terminated use of such software, including any migration of the Website that may be required pursuant to such termination. Any termination shall be subject to the rights of the District under Section 6.B,below. SECTION 5. REPRESENTATIONS, WARRANTIES AND COVENANTS. Contractor represents,warrants,and covenants that(a)the Services will conform to the requirements provided in Section 2 herein and Exhibit A; (b)the Services shall be performed by qualified personnel in a professional, prompt, diligent, good, safe and workmanlike manner in accordance with all laws, industry standards, and all applicable ADA and other website accessibility compliance standards, including but not limited to WCAG 2.1 Level AA and other federally recommended guidelines,as may be amended from time to time; and (c) neither the Services nor any product provided by Contractor shall infringe, misappropriate, or otherwise violate the intellectual property rights of any third-party. To the extent that any defects are found and reported to the Contractor, the Contractor shall correct such defects within thirty(30)days. SECTION 6. INTELLECTUAL PROPERTY. A. CONTRACTOR MATERIALS. Except as provided herein, Contractor shall retain all right, title, and interest in and to (i) all patents, trademarks, service marks, copyrights, and other intellectual property or proprietary rights of Contractor used in or otherwise associated with the Services,and other materials provided to the District hereunder;and(ii)all trade secrets,technical specifications and data to the extent they are intellectual property, and inventions which are authored, conceived, devised, developed, reduced to practice, or otherwise performed by Contractor which arise out of Contractor's performance of the Services, none of which shall be deemed a "work made for hire" under the Copyright Act of 1976 (collectively, "Contractor Materials"), and nothing contained herein shall be construed to restrict, impair,transfer, license, convey,or otherwise alter or deprive Contractor of any of its intellectual property and proprietary interests associated therewith. Subject to the foregoing, Contractor grants to the District a non- exclusive, non-transferable worldwide perpetual limited right and license to access and use the Contractor Materials in connection with the ordinary and intended use by the District as contemplated in this Agreement, including viewing, downloading and printing the Contractor Materials for the District's use, and without in any case removing Contractor's copyright, trademark or other intellectual property ownership notices. B. THE DISTRICT MATERIALS; PUBLICITY AND TRADEMARKS. The District shall own the Website,domain name,all e-mail addresses,and all website and e-mail content(including all remediated content provided by the Contractor), under all circumstances. In the event of a termination of this Agreement for any reason, Contractor shall take all necessary steps to transfer, or otherwise allow the District to retain,such website,domain name,e-mail addresses and content of the same. Additionally,to the extent applicable,Contractor shall take commercially reasonable precautions consistent with industry standards to protect confidential information,including, e.g., credit card information and other sensitive information protected under Florida's Public Records Laws. Contractor shall immediately notify the District of any breach or loss of data,and take such steps as are reasonably necessary to address any such issue. Except as provided herein,the District 6 shall retain all right,title, and interest in and to all intellectual property of the District provided or made available to the Contractor in connection with Contractor's Services(collectively, "District Materials") and nothing contained herein shall be construed to restrict, impair,transfer, license, convey, or otherwise alter or deprive the District of any of its intellectual property or other proprietary interests associated therewith, if any. Subject to the foregoing, the District grants to Contractor a non-exclusive,non-transferable worldwide limited right and license to access and use such District Materials in connection with the provision of the Services as contemplated by this Agreement. Further, the District permits Contractor to identify the District as a customer of Contractor in Contractor's marketing materials (including using the District's name and logo for such limited purposes). The District further acknowledges and agrees that for Contractor to perform the Services, it must,in some cases, give Contractor remote access to areas behind log-ins that are to be audited hereunder, including, without limitation to content management systems and/or servers (collectively, "System"), and agrees that it will furnish to Contractor all necessary information and/or user names and passwords required to do so. Contractor agrees to follow commercially reasonable and accepted security policies for accessing the District's System including any specific security procedures as may be communicated to Contractor by the District prior to Contractor accessing the System. Contractor shall on its own or through coordination with the District's Website provider,create a back-up copy of all data that may be affected by Contractor's access to the System. C. RIGHT TO DISPLAY CONTRACTOR'S COMPLIANCE SHIELD / ACCESSIBILITY POLICY. Pursuant to this Agreement, the Contractor shall provide District a Compliance Shield and customized accessibility policy, which District shall display on its Websites and web applications. The District is expressly prohibited from using the Compliance Shield for any purpose not specifically authorized by this Agreement,and in no event may use such Compliance Shield for or on behalf of any other party or in connection with any domain name and/or organization name other than those being scanned or serviced in connection with the Services. SECTION 7. PUBLIC RECORDS. Contractor understands and agrees that all documents or on-line content of any kind provided to the District in connection with this Agreement may be public records, and, accordingly, Contractor agrees to comply with all applicable provisions of Florida law in handling such records, including but not limited to section 119.0701, Florida Statutes. Contractor acknowledges that the designated public records custodian for the District is Sandra Demarco ("Public Records Custodian"). Among other requirements and to the extent applicable by law,Contractor shall 1)keep and maintain public records required by the District to perform the Work;2)upon request by the Public Records Custodian,provide the District with the requested public records or allow the records to be inspected or copied within a reasonable time period at a cost that does not exceed the cost provided in Chapter 119,Florida Statutes; 3)ensure that public records which are exempt or confidential, and exempt from public records disclosure requirements, are not disclosed except as authorized by law for the duration of the contract term and following the contract term if Contractor does not transfer the records to the Public Records Custodian of the District; and 4) upon completion of the contract, transfer to the District, at no cost, all public records in Contractor's possession or, alternatively, keep, maintain and meet all applicable requirements for retaining public records pursuant to Florida laws. When 7 such public records are transferred by Contractor, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the District in a format that is compatible with Microsoft Word or Adobe PDF formats. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE DISTRICT'S PUBLIC RECORDS CUSTODIAN, SANDRA DEMARCO AT (954) 603-0033, EXT. 40532 SANDRA.DEMARCO(a�INFRAMARK.COM, 210 N. UNIVERSITY DRIVE,SUITE 702, CORAL SPRINGS,FL 33071. SECTION 8. INDEMNITY. A. Contractor agrees to indemnify and hold harmless the District and its officers, supervisors,staff,employees,successors,assigns,members,affiliates,attorneys or representatives from any and all liability,claims,actions,suits,liens,demands,costs,interest,expenses,damages, penalties, fines, or judgments against the District, or loss or damage, whether monetary or otherwise,including but not limited to an ADA websitc related claim by a third-party, arising out of, wholly or in part by, Contractor's negligent act(s) or omission(s) or willful or intentional misconduct in carrying out this Agreement. Contractor further agrees that nothing herein shall constitute or be construed as a waiver of the District's limitations on liability contained in section 768.28,Florida Statutes,or other statute. B. Obligations under this section shall include the payment of all settlements, judgments, damages, liquidated damages, penalties, forfeitures, back pay awards, court costs, arbitration and/or mediation costs,litigation expenses, attorneys' fees,paralegal fees(incurred in court, out of court, on appeal, or in bankruptcy proceedings), any interest, expenses, damages, penalties,fines,or judgments against the District,all as actually incurred. SECTION 9. SCRUTINIZED COMPANIES STATEMENT. Contractor certifies that it is not in violation of section 287.135, Florida Statutes, and is not prohibited from doing business with the District under Florida law,including but not limited to Scrutinized Companies with Activities in Sudan List or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. If Contractor is found to have submitted a false statement, has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria, or is now or in the future on the Scrutinized Companies that Boycott Israel List,or engaged in a boycott of Israel,the District may immediately terminate the Contract. SECTION 10. INSURANCE. Contractor shall procure, at Contractor's expense,and maintain at all times during the term of this Agreement, comprehensive general liability insurance in of not less than than $1,000,000.00 combined single limit bodily injury and property damage per occurrence, and $2,000,000 general aggregate. The District, and its 8 officers and supervisors, shall be named as an additional insured on all insurance policies required. Contractor shall provide to the District a certificate of insurance annually evidencing compliance with the foregoing insurance requirements. No certificate shall be acceptable to the District unless it provides that any change or termination within the policy periods of the insurance coverage,as certified, shall not be effective until after thirty(30) days of prior written notice to the District. Insurance coverage shall be from one or more reputable insurance carriers that are licensed to conduct business in the State of Florida, which carriers shall be reasonably acceptable to the District. SECTION 11. GENERAL PROVISIONS. A. CONFLICTS. The terms of this Agreement and Exhibit A are intended to complement each other, and to the extent they conflict,the terms of Exhibit A shall control only to the extent that such provisions provide clarifications on Services and materials to be provided by Contractor pursuant to Exhibit A; in all other respects,the provisions of this Agreement shall control. B. AUTHORIZATION. The execution of this Agreement has been duly authorized by the appropriate body or official of the District and Contractor, both the District and Contractor have complied with all the requirements of law, and both the District and Contractor have full power and authority to comply with the terms and provisions of this Agreement. C. INDEPENDENT CONTRACTOR. It is understood and agreed that at all times the relationship of Contractor and its employees,agents,or anyone directly or indirectly employed by Contractor to the District is the relationship of an independent contractor and not that of an employee, agent,joint-venturer, or partner of the District. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between the District and Contractor or any of its employees,agents,or anyone directly or indirectly employed by Contractor. The parties acknowledge that Contractor is not an employee for state or federal tax purposes. Contractor shall hire and pay all of Contractor's employees, agents, or anyone directly or indirectly employed by Contractor, all of whom shall be employees of Contractor and not employees of the District and at all times entirely under Contractor's supervision,direction,and control. In particular, the District will not: (i) withhold FICA (Social Security) from Contractor's payments;(ii)make state or federal unemployment insurance contributions on Contractor's behalf; (iii) withhold state or federal income tax from payment to Contractor; (iv) make disability insurance contributions on behalf of Contractor;or(v)obtain workers'compensation insurance on behalf of Contractor. D. DISPUTE RESOLUTION. Before initiating any legal claim or action (except with respect to equitable relief), the parties agree to attempt in good faith to settle any dispute, controversy, or claim arising out of or related to this Agreement or the Services (collectively, "Dispute")through discussions which shall be initiated upon written notice of a Dispute by either party to the other. If the parties cannot resolve the Dispute within ten(10)business days,then the parties shall attempt to settle the Dispute by mediation. If mediation is unsuccessful, the parties may then proceed to filing a claim in the appropriate jurisdictional court in accordance with this 9 Agreement. In the event that either party is required to enforce this Agreement by court proceedings or otherwise, then the parties agree that the substantially prevailing party shall be entitled to recover from the other all fees and costs incurred, including reasonable attorneys' fees, paralegal fees, expert witness fees, and costs for trial, alternative dispute resolution, or appellate proceedings. E. APPLICABLE LAW AND VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida without reference to the principles of conflict of laws. Except for actions seeking injunctive relief (which may be brought in any appropriate jurisdiction), suits under this agreement shall only be brought in a court of competent jurisdiction in Collier County, Florida. This choice of venue is intended by the parties to be mandatory and not permissive in nature, and to preclude the possibility of litigation between the parties with respect to,or arising out of,this Agreement in any jurisdiction other than that specified in this section. The District and Contractor waive any right they may have to assert the doctrine of forum non conveniens or similar doctrine,or to object to venue with respect to any proceeding brought in accordance with this Section. F. LIMITATIONS ON GOVERNMENTAL LIABILITY. Nothing in this Agreement shall be deemed as a waiver of immunity or limits of liability of the District beyond any statutory limited waiver of immunity or limits of liability which may have been adopted by the Florida Legislature in section 768.28, Florida Statutes, or other statute, and nothing in this Agreement shall inure to the benefit of any third-party for the purpose of allowing any claim which would otherwise be barred under the Doctrine of Sovereign Immunity or by operation of law. G. THIRD-PARTY BENEFICIARIES. This Agreement is solely for the benefit of the District and Contractor and no right or cause of action shall accrue upon or by reason to or for the benefit of any third-party not a formal party to this Agreement. Nothing in this Agreement expressed or implied is intended or shall be construed to confer upon any person or corporation other than the District and Contractor any right, remedy, or claim under or by reason of this Agreement or any of the provisions or conditions of this Agreement; and all of the provisions, representations, covenants, and conditions contained in this Agreement shall inure to the sole benefit of and shall be binding upon the District and Contractor and their respective representatives,successors,and assigns. H. DEFAULT AND PROTECTION AGAINST THIRD-PARTY INTERFERENCE. A default by either party under this Agreement shall entitle the other to all remedies available at law or in equity, which may include, but not be limited to, the right of actual damages and/or specific performance. The District shall be solely responsible for enforcing its rights under this Agreement against any interfering third-party. Nothing contained in this Agreement shall limit or impair the District's right to protect its rights from interference by a third-party to this Agreement. I. NOTICES. All notices, requests, consents, and other communications under this Agreement ("Notice"or"Notices") shall be in writing and shall be hand delivered, delivered by commercial courier or delivery service, First Class Mail,postage prepaid, or email to the parties, as follows: If to Contractor: Innersync Studio,Ltd., d/b/a Campus Suite I0 752 Dunwoodie Drive Cincinnati,Ohio 45230 Attn: Steven Williams Email: If to District: Naples Heritage Community Development District c/o Inframark Infrastructure Management Services 5911 Country Lakes Drive Fort Myers,Florida 33905 Attn: Justin Faircloth Email: Justin.Faircloth@inframark.com With a copy to: Gregory L. Urbancic,Esq. Coleman,Yovanovich&Koester,P.A. 4001 Tamiami Trail North, Suite 300 Naples,Florida 34103 Email: gurbancic@cyklawfirm.com Notice will be considered given when received,except that if delivery is not accepted,notice will be considered given on the date of such non-acceptance. Counsel for the District and counsel for Contractor may deliver Notice on behalf of the District and Contractor. Any party or other person to whom Notices are to be sent or copied may notify the other parties of any change in name or address to which Notices shall be sent by providing written notice. J. ENTIRE AGREEMENT. This Agreement, together with Exhibit A, sets forth the entire agreement of the parties,and supersedes any prior agreements or statements with respect to the subject matter hereof. K. SEVERABILITY. The invalidity or unenforceability of any one or more provisions of this Agreement shall not affect the validity or enforceability of the remaining portions of this Agreement,or any part of this Agreement not held to be invalid or unenforceable. L. ASSIGNMENT. Neither the District nor Contractor may assign this Agreement without the prior written consent of the other. Any purported assignment without such consent shall be null and void. M. AMENDMENTS. This Agreement may be amended or modified only by a written instrument duly executed by both parties. N. FORCE MAJEURE. If either party is prevented from performing any of its obligations under this Agreement due to any cause beyond the party's reasonable control, including, without limitations, an "act of God," fire, flood, war, strike, government regulation, civil or military authority,acts or omissions of transmitters,utilities,providers or hackers,the time for that party's performance will be extended for the period of the delay or inability to perform due to such occurrence. 0. SURVIVAL. In addition to such other provisions hereof which, by their terms, survive any termination or expiration of this Agreement, Section 5 (Representations, Warranties and Covenants), Section 6 (Intellectual Property), Section 7 (Public Records), Section 8 11 (Indemnity), and Section 10 (General Provisions) shall survive any termination or expiration of this Agreement. P. WAIVER. No breach of any term of this Agreement shall be deemed waived unless expressly waived in writing by the party who might assert such breach. Any failure or delay by either party to exercise any right,power,or privilege under this Agreement shall not be deemed a waiver of any such right, power, or privilege under this Agreement on that or any subsequent occasion. Any waiver by either party, whether express or implied, of any provision of this Agreement,any waiver of default,or any course of dealing hereunder,shall not affect such party's right to thereafter enforce such provision or to exercise any right or remedy in the event of any other default or breach,whether or not similar. Q. COUNTERPARTS. This instrument may be executed in any number of counterparts, each of which, when executed and delivered, shall constitute an original, and such counterparts together shall constitute one and the same instrument. Signature and acknowledgement pages, if any, may be detached from the counterparts and attached to a single copy of this document to physically form one document. R. ARM'S LENGTH TRANSACTION. This Agreement has been negotiated fully between the parties as an arm's length transaction. Both parties participated fully in the preparation of this Agreement and received the advice of counsel. In case of a Dispute concerning the interpretation of any provision of this Agreement,both parties are deemed to have drafted,chosen, and selected the language, and the doubtful language will not be interpreted or construed against either party. S. DESCRIPTIVE HEADINGS. The descriptive headings in this Agreement are for convenience only and shall not control nor affect the meaning or construction of any of the provisions of this Agreement. [SIGNATURES ON NEXT PAGE] 12 IN WITNESS WHEREOF,the parties have,by their duly authorized representatives,executed this Agreement as of the date and year first set forth above. ATTEST: NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT S etary Chairperson, Boar of Supervisors WITNESS: INNERSYNC STUDIO,LTD., D/B/A CAMPUS SUITE,an Ohio limited liability company Print Name: Ted Saul By: Steve Williams. ,VPof Marketing (Title) Exhibit A: Proposal for Services 13 Exhibit A Proposal for Service 14 ��d�1A C «. n ft,. t 1 . 17-' - ., ..+ nom' ¢, ry.4a�"'013x','! '' �'`° ,--;`:-:-.,:::-if:--- Sat)oW"4' ,„, „.,•,,,,',5'.,,i,,, ,, • : , , - 4i,,2 ,,,,,,, ,I'''',,,4!":, 4, 7,,,,,orA,4"._ :.:i'::::',AA,' a4 i ►,1O,O;► <1► ► Keeping your community informed. And you compliant. Naples Heritage Community Development District Proposal date: 2019-08-01 Proposal ID: CC6MW-BJAAY-GEJ8F-RN9H2 Pricing 2 Services 3-5 FAQs 6 Statement of work 7-8 Terms and conditions 9-12 Ted Saul •, Director- Digital Communication kb 0 Cerirfierl Specialist Pricing Effective date: 2019-08-15 Implementation Quantity Subtotal On-boarding of ADA Compliant Website and 1 $1,512.30 Remediation of Historical Documents • Migration website pages and present on a staged website for approval • Initial PDF Accessibility Compliance Service for 1500 pages of remediation Annual ongoing services Quantity Subtotal Website services 1 $615.00 • Hosting, support and training for users • Website management tools to make updates • Secure certification(https) • Monthly accessibility site reporting,monitoring and error corrections Ongoing PDF Accessibility Compliance Service -7.58* $937.50 1,000 • Remediation of all PDFs stored on your website • Remediation of up to�59 PDF pages 1,000 • Dashboard for reporting and managing all PDFs • 48-hour turnaround for fixes for board agendas • PDF manager dashboard Social Media Manager Included *Maximum PDF pages per 12 month period Total: $3,064.80 Accessibility Compliance with Campus Suite WEBSITE AND ACCESSIBILITY SOLUTION ,4,:n4.7,'r a 4 . . ,...5'"- -moi ,J A • a {, Y is �.... � " S ' • • §; k.., .7,,•.1:::-•.' rte �a .c w x oa --ft A� 4 Yom , Accountable, compliant communications Keeping your residents and property owners informed is a Designed for districts big responsibility-one that requires constant diligence. Staying current with the laws that apply to public access to district records, reports and other legal requirements Easy-to-update website, presents a big challenge for many CDD communities. - hosting and support When it comes to your website and all the web-based Worry-free ADA-compliance, documents you are required to publish,they all need to be auditing and full reporting fully accessible. Florida statutes and federal laws require you and every special district be compliant with ADA (Americans with Disabilities Act)and accessibility regulations. Meets Florida statutes `', and federal laws Keeping it all accessible-and legal Q Save CDD board time Campus Suite provides the total accessibility solution to and money keep all your web communications and web documents on the right side of these laws- specifically chapters 189 and 282 of the Florida Statutes. WEBSITE AND ACCESSIBILITY SOLUTION O. Keeping your dir community informed ��` and compliant. fm. f 0a h, .pi / •,;: ,r r Accessibility Compliance / with Campus Suite We'll handle all your website Maintain ADA compliance: and document accessibility. Website and documents meet WCAG 2.1 requirements We take on the responsibility of making and keeping your :' Monthly accessibility scanning website fully accessible to people with disabilities.We know audits and reporting what's at stake if your website is not ADA-compliant, so we In house team that fixes all of handle it all -monitoring, reporting, and remediation. the accessibility errors We stand behind our seal of approval. .' On-demand PDF remediation Each page of your website will have our official certification of a (48-hour turnaround) website that meets the required accessibility standards. A website with all the features Your district website features: your district needs. , v Professional website design Communication is key to success in any organization,and g Easy-to-use tools to make updates your community development district is no exception.At Total document management Campus Suite, we understand the unique communication ,if needs of CDDs and create a comprehensive website that serves Support and training for users as your communication hub. , : Calendar of events V Clubhouse and rental scheduling Your property owners and residents will come to depend on ,' Meeting notices and minutes the wealth of information at their fingertips.And your board members, management team and staff will come to rely on the role your website serves in streamlining the critical communi- cations functions you're required by law to provide. WEBSITE AND ACCESSIBILITY SOLUTION ti y. 'v 1 3 4 h E i, � ' ', n ,, A• , i f A trusted name for compliance. ,�. , i ,FR,C , PF For over 15 years, Campus Suite has built a reputation helping public schools across the country eliminate communication barriers and improve school community engagement.We do it by creating easy-to-use,affordably priced yi^"'t•, websites featuring professional design, unmatched customer service,and paving a leadership role in website accessibility. _,,,ort OFF_°, ,A. tea. We've helped districts build web accessibility policies and websites,and even ic, te created contingency plans for responding to web issues and complaints from 'a ,, '' the OCR(U.S. Office for Civil Rights).These include detailed resolutions"'"" ,, plans when clients need to respond to avoid fines and the negative publicity that sometimes surrounds non-compliance. )0111V13;(44°' Campus Suite has also pioneered educating public institutions about website \..0 accessibility by establishing the Website Accessibility Education Center,a W C A C 2,0 valuable resource for website administrators.. Campus Suite Academy Accessibility Accessibility Center www.campussuite.com/accessibility-center Frequently asked questions For PDF service,what is the price per page? Pricing can range based on the volume of PDFs you have on your website and if it is part of the initial remediation or the on-demand service.The price range is between$1.05 per page to$1.75 per page. What does the PDF scan and remediation process look like? You'll upload your documents to the dashboard.We are notified and begin setting up the scan. After the fixes are made,we put the documents back onto the dashboard and you are notified. You then put them back to the appropriate location on your website. What does the ADA managed service process for our website look like? Our team performs monthly scans of your site utilizing software. Our team then goes through the results and fixes the content-related errors by hand. A report is produced for your records and uploaded to your ADA dashboard.Any outlying issues we may encounter,you will be notified until the issue is resolved. How long does it take? For non-urgent doc remediation,we can scan and fix up to 2000 pages per week. We also have urgent services available for an additional fee with a turnaround time of 48 hours. What standards do you follow for ADA? We follow WCAG AA 2.1 guidelines Are there any hidden fees? No. How long does it take to build the website? It depends upon your responsiveness, but generally only a couple of weeks. Can we change the design of our website? Our themes are customizable to address your preferences. There are some guardrails in place to help ensure ADA compliance to a degree,hut you can select colors,images,etc... Do your sites offer a calendar? Yes. This site can be utilized in many different ways. One of which is a calendar to help with your clubhouse availability/rental schedule. Statement of work 1. On-boarding of ADA Compliant Website and Remediation of Historical Documents.Contractor will deliver a functional,responsive,working ADA compliant website that can display content submitted to the Contractor by the District.At a minimum,the website and the documents on the website will: 1. Comply with the guidelines provided by Web Content Accessibility Guidelines 2.1,as amended and/or replaced by new releases from time to time("WCAG"); 2. Contain a website accessibility policy that includes: a commitment to accessibility for persons with disabilities,the accessibility standard used and applied to the website(at a minimum WCAG),and contact information of the District Manager or their designee(email and phone number) in case users encounter any problems; 3. Display an ADA compliance shield,seal,or certification; 4. Provide options to create a CDD-branded design(colors, logo,etc...) 5. Be accessible on modern versions of Internet Explorer, Edge,Mozilla,Safari,and Chrome web browsers and be"mobile friendly"and offer a"mobile version"of the sites content for access from tablets or smart phones. 6. Be free of any commercial advertising; 7. Be free of any known spyware, virus,or malware; 8. Secure certification(https) 9. Secure cloud hosting with fail-overs 10.Allow for data backups,and record retention as required by law; 11. Allow for the display a calendar,reservation request form,and newsletter; 12.Creation of a dashboard for the District to upload and remove content,manage all documents,manage document remediation,and review reports generated by the Contractor;and 13.Remediate 1500 pages identified by the District for the new website in an ADA compliant format.* 2. Domain Fee.The Contractor shall pay the annual fee for the domain name of the District's website. 3. Maintenance and Management of the Website. 1. Contractor will manage and maintain the website; 1,000 2. Remediate in an ADA compliant format new documents(a not to exceed-75t-pages per year) uploaded by the District Manager to the document portal;* 1. For Agenda Packages,the Contractor shall turn around the documents within 2 business days 3. District shall be responsible for uploading the documents onto the document portal for the website. Upon completion of the remediation services,Contractor shall ensure that the remediated documents are live on the website. Contractor shall ensure that the District only has the ability to upload documents to the document portal(not the ability to make documents go live on the website)or remove documents on the website and cannot alter any other aspect of the website; 4. Contractor will store all District data, including files,text and parameters;data will be backed-up on a separate storage system at regular intervals;and 5. The ADA compliant website will be on-line at all times unless maintenance or upgrades require it to be unavailable. When maintenance or upgrades require the website to be unavailable, Contractor will provide the District with reasonable advance notice in writing. 4. Monthly Auditing and Remediation Services. 1. Every month Contractor will comprehensively audit the website's compliance with (I) WCAG and(2) any applicable laws,rules,and regulations(including,the Department of Justice); 2. After the audit,Contractor will remediate any web accessibility deficiencies of the website or content on the website;and 3. The Contractor will provide a written report to the District that summarizes the audit and any remediations made. 5. Support Services. Contractor will supply telephone and/or email support to the District on a reasonable and necessary basis to within business hours—Monday to Friday 9 am to 6 pm EST,exclusive of holidays.The Contractor will provide a listing of detailed hours,holidays,and service availability on their website,and reserves the right to modify the times technical support is available. *If certain PDFs are not able to be fully remediated,Contractor shall work with the District to create a summary of the content in the PDF and provide contact information if anyone needs reasonable accommodations to access the full content within that PDF. Website Creation and Management Agreement This Website Creation and Management Agreement(this"Agreement") is entered into as of 2019-08-15, between the Naples Heritage Community Development District,whose mailing address is 210 N University Dr, STE 702, Coral Springs, FL 33071 (the"District")and Innersync Studio,LLC.,an Ohio limited liability company(d/b/a Campus Suite),whose mailing address is 752 Dunwoodie Dr.,Cincinnati,Ohio 45230(the "Contractor"). Background Information: The District is a local unit of special-purpose government established pursuant to the Uniform Community Development District Act of 1980, as codified in Chapter 190,Florida Statutes.The District is required to have a website and desires to have a website created,regularly updated,managed, inspected,and remediated to ensure compliance with the Americans with Disabilities Act(the"ADA").The Contractor has the technical expertise to provide the above-mentioned services.The District desires to retain the Contractor to provide services as described in this Agreement. Operative Provisions: 1.Incorporation of Background Information.The background information stated above is true and correct and by this reference is incorporated as a material part of this Agreement. 2.Scope of Services.The Contractor will perform all work, including all labor,equipment,and supervision necessary to perform the services described in the"Statement of Work"attached hereto. 3. Term and Renewal.The initial term of this Agreement will be for one year from the date of this Agreement.At the end of the initial term,this Agreement will automatically renew for subsequent one-year terms pursuant to the same price and contract provisions as the initial term,until terminated by either party pursuant to the termination provisions below. 4.Termination. a. Either party may terminate this Agreement without cause,with an effective termination date of the next scheduled renewal date,by providing at least thirty(30)days written(letter,facsimile,email)notice to the other party prior to the next renewal date. b.Either party may terminate this Agreement with cause for material breach provided,however,that the terminating party has given the other party at least thirty(30)days written(letter,facsimile,email)of,and the opportunity to cure the breach. c.Upon termination of this Agreement: i.The Contractor will be entitled to payment for all work and/or services rendered up until the effective termination of this Agreement,subject to whatever claims or off-sets the District may have against the Contractor. If any deposit or advanced payments exceeds these costs,Contractor will refund the appropriate amount to the District. ii.The Contractor will provide the District or its designee with all domain names,authorizations, usernames,passwords,and content(including remediated content) in the format in which it was stored on the server,at a cost not to exceed$50 to the District. iii.The Contractor will be permitted to remove its name and ADA compliance shield,seal, or certificate from the website on the effective date of the termination. iv. If the Contractor was using certain software(including content management software)that is proprietary and was licensed to the District during the term of the Agreement,then the Contractor shall coordinate with the District as to the end of the license or simply create a simple splash page of the District with information on the transition to a new website. 5.Compensation and Prompt Payment. a. Upon execution of this Agreement,the District agrees to pay Contractor for a one-time payment of $1,512.30 for the Onboarding of ADA Compliant Website and Remediation of Historical Documents. b. Starting on October 1,2019 the District agrees to compensate the Contractor$1,552.50 for Domain Fee,Maintenance and Management of the Website,Monthly Auditing and Remediation Services,and Support Services as described in the Statement of Work.The District shall make such payments in advance of the services to be provided.Contractor will provide the District with an invoice on a annual basis for work to be performed.The District will pay Contractor within 15 days of receipt of the invoice. 6.Additional Work. If the District should desire additional work or services,the Contractor agrees to negotiate in good faith to undertake such additional work or services. Upon successful negotiations,the parties will agree in writing to an addendum(for changes to the regular services)or work authorization order (for all other services).The Contractor will be compensated for such agreed additional work or services based upon a payment amount acceptable to the parties and agreed to in writing. 7.Ownership of Website,Domain Name,and Content.The District will be the owner of the website, domain name,and all content(including remediated content provided by the Contractor)on the website. 8.No Infringement of Intellectual Property.Contractor warrants and represents that neither the Statement of Work nor any product or services provided by Contractor will infringe,misappropriate,or otherwise violate the intellectual property rights of any third-party.Contractor shall take all steps to ensure that the District has no access to confidential software or data that is proprietary(whether it's the Contractor's or another provider's through a license agreement). 9.Promotion.The District permits Contractor to identify the District as a customer of Contractor in Contractor's marketing materials(including using the District's name and logo for such limited purposes). 10.Warranty.The Contractor warrants that the work:(a)will conform to the requirements of the Statement of Work,(b)will be performed in a prompt,diligent,good,safe and workmanlike manner in accordance with all laws, industry standards,and all applicable ADA and WCAG regulations, and(c)will be performed without defects in workmanship or in code.To the extent that any defects are found and reported to the Contractor,the Contractor shall correct such defects within thirty(30)days. 11.Relationship Between the Parties. It is understood that the Contractor is an independent contractor and will perform the services contemplated under this Agreement. As an independent contractor,nothing in this Agreement will be deemed to create a partnership,joint venture,or employer-employee relationship between the Contractor and the District.The Contractor will not have the right to make any contract or commitments for,or on behalf of,the District without the prior written approval of the District.The Contractor assumes full responsibility for the payment and reporting of all local,state,and federal taxes and other contributions imposed or required of the Contractor during the performance of services to the District. 12.Compliance with Governmental Regulations.The Contractor will comply with necessary economic, operational,safety, insurance,and other compliance requirements imposed by federal, state,county, municipal or regulatory bodies,relating to the contemplated operations and services hereunder.The Contractor warrants and represents the Contractor is currently in compliance with and will hereafter comply with all federal, state and local laws and ordinances relating in any way to the services provided hereunder. Contractor is solely responsible for complying with all applicable laws pertaining to website accessibility, including but not limited to the ADA and those certain WCAG standards,and other web accessibility guidelines as amended from time to time. 13.Insurance. Contractor will,at its own expense,maintain commercial general liability insurance coverage of no less than$1,000,000 for the duration of the term of this Agreement and for any renewals of the term, as mutually agreed upon by the parties,which names the District,its officers,agents,staff,and employees as an additional insured. The Contractor will deliver to the District proof of insurance referred to herein or a certificate evidencing the coverage provided pursuant to this Agreement. Such insurance policy may not be canceled without a thirty-day written notice to the District.The Contractor will maintain Workers Compensation insurance as required by law. 14.Limitation of Liability.Either party's total liability under this Agreement,regardless of cause or theory of recovery,will not exceed the total amount of fees paid by the District to the Contractor during the twelve- month period immediately preceding the occurrence or act or omission giving rise to any claim.Contractor shall not be liable for ADA compliance of any content posted by the District without first being remediated by the Contractor. 15.Indemnification.Contractor agrees to, subject to the limitation of liability described above, indemnify, defend and hold the District and its supervisors,officers,managers,agents and employees harmless from any and all liability,claims,actions,suits or demands by any person,corporation or other entity for injuries or damage of any nature,arising out of,or in connection with,the work to be performed by Contractor, including litigation or any appellate proceedings with respect thereto. Contractor further agrees that nothing herein will constitute or be construed as a waiver of the Districts limitations on liability contained in Section 768.28,Florida Statutes, or other statute or law. Any subcontractor retained by the Contractor will acknowledge the same in writing.Obligations under this section will include the payment of all settlements, judgments,damages, liquidated damages,penalties,forfeitures,back pay awards,court costs,arbitration and/or mediation costs,litigation expenses, attorney fees,and paralegal fees(incurred in court, out of court, on appeal,or in bankruptcy proceedings)as ordered. 16.Conditions Precedent Prior to Any Litigation. In the event that either party is dissatisfied with the other party and as a condition precedent prior to commencing any litigation, such party shall communicate in writing to the other party with their specific concerns.The parties shall make a good faith effort toward the resolution of any such issues. If the parties are not able to reach a mutually acceptable solution,then either party may request arbitration at their own expense. If such arbitration is requested, it shall be held within sixty(60)days of such request. 17.Remedies in the Event of Default.Subject to the limitation of liability described above,a default by either party under this Agreement will entitle the other to all remedies available at law or in equity,which may include, but not be limited to,the right of actual damages and/or specific performance. Nothing contained in this Agreement will limit or impair the District's right to protect its rights from interference by a third-party to this Agreement. 18.Controlling Law.This Agreement is governed under the laws of the State of Florida with venue in the county the District is located in. 19.Enforcement of Agreement.Only after satisfying the conditions precedent prior to any litigation above, in the event it becomes necessary for either party to institute legal proceedings in order to enforce the terms of this Agreement,the prevailing party will be entitled to all costs, including reasonable attorney's fees at both trial and appellate levels against the non-prevailing party,with a not to exceed limit of the total amount of fees paid by the District to the Contractor during the twelve-month period immediately preceding the occurrence or act or omission giving rise to any claim. 20.Public Records. Contractor acknowledges the District is a special purpose unit of local government in the State of Florida,and that all documents of any kind provided to or in possession of Contractor in connection with this Agreement are subject to Florida's public records laws,pursuant to Chapter 119,Florida Statutes.As required under Section 119.0701,Florida Statutes,Contractor will(a)keep and maintain public records that would ordinarily and necessarily be required by the District in order to perform the Service Provided,b)provide the public with access to public records on the same terms and conditions that the District would provide the records and at a cost that does not exceed the cost of reproduction permitted by law,(c)ensure that public records which are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law,and(d)meet all requirements for retaining public records and transfer,at no cost to the District,all public records in possession of the Contractor upon termination of this Agreement, and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the District in a format that is compatible with the information technology systems of the District. Upon receipt by Contractor of any request for copies of public records,Contractor will immediately notify the District of such request. Failure of Contractor to comply with public records laws to the extent required by statute may result in immediate termination of the Agreement. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES,TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 854- 603-0033,OR BY EMAIL AT SANDRA.DEMARCO@INFRAMARK.COM,OR BY REGULAR MAIL AT 210 N.UNIVERSITY DR. STE 702,CORAL SPRINGS,FL.33071. 21.Scrutinized Companies. Pursuant to Section 287.135,Florida Statutes,Contractor represents that in entering into this Agreement,the Contractor has not been designated as a"scrutinized company"under the statute and, in the event that the Contractor is designated as a"scrutinized company",the Contractor will immediately notify the District whereupon this Agreement may be terminated by the District. 22.Severability. If any provision of this Agreement is held invalid or unenforceable,the remainder of this Agreement will remain in full force and effect. 23.Assignment.This Agreement is not transferrable or assignable by either party without the written approval of both parties. 24.Amendment.This Agreement may not be altered,changed or amended,except by an instrument in writing,signed by both parties hereto. 25.Arm's Length Transaction.This Agreement has been negotiated fully between the District and the Contractor as an arm's length transaction. In the case of a dispute concerning the interpretation of any provision of this Agreement,the parties are each deemed to have drafted,chosen,and selected the language, and any doubtful language will not be interpreted or construed against any party. 26.Counterparts.This Agreement may he executed in any number of counterparts,each of which when executed and delivered will be an original;however,all such counterparts together will constitute,but one and the same instrument. 27.Entire Agreement.This Agreement contains the entire agreement and neither party is to rely upon any oral representations made by the other party, except as set forth in this Agreement. This Agreement supersedes and subsumes any prior agreements.To the extent that any provisions of this Agreement conflict with the provisions in any exhibit,the provisions in this Agreement controls over provisions in any exhibit. Innersync Studio, LLC. Naples Heritage 12/2/2019 Steve Williams Date Print name Date VP of Marketing Exhibit A: Proposal for Services Implementation Quantify subtotal Onboarding of ADA Compliant Website and Remediation of 1 $1,512.30 Historical Documents • Migration website pages and present on a staged website for approval • Initial PDF Accessibility Compliance Service for 1500 pages of remediation Ongoing services Quantity subtotal Website services 1 $615.00 • Hosting, support and training for users • Website management tools to make updates • Secure certification(https) • Monthly site reporting,monitoring and error corrections Ongoing PDF Accessibility Compliance Service 0* $937.50 1,000 • Remediation of all PDFs stored on your website • Remediation of up to-,7•543-PDF pages 1,000 • Dashboard for reporting and managing all PDFs • 48-hour turnaround for fixes for board agendas • PDF manager dashboard Social Media Manager Included EXHIBIT A Statement of work 1. On-boarding of ADA Compliant Website and Remediation of Historical Documents.Contractor will deliver a functional,responsive,working ADA compliant website that can display content submitted to the Contractor by the District.At a minimum,the website and the documents on the website will: 1. Comply with the guidelines provided by Web Content Accessibility Guidelines 2.1,as amended and/or replaced by new releases from time to time("WCAG"); 2. Contain a website accessibility policy that includes:a commitment to accessibility for persons with disabilities,the accessibility standard used and applied to the website(at a minimum WCAG),and contact information of the District Manager or their designee(email and phone number)in case users encounter any problems; 3. Display an ADA compliance shield,seal,or certification; 4. Provide options to create a CDD-branded design(colors, logo,etc...) 5. Be accessible on modern versions of Internet Explorer,Edge,Mozilla,Safari,and Chrome web browsers and be"mobile friendly"and offer a "mobile version"of the sites content for access from tablets or smart phones. 6. Be free of any commercial advertising; 7. Be free of any known spyware,virus,or malware; 8. Secure certification(https) 9. Secure cloud hosting with fail-overs 10.Allow for data backups, and record retention as required by law; 11. Allow for the display a calendar,reservation request form,and newsletter; 12.Creation of a dashboard for the District to upload and remove content,manage all documents,manage document remediation, and review reports generated by the Contractor;and 13.Remediate 1500 pages identified by the District for the new website in an ADA compliant format.* 2. Domain Fee.The Contractor shall pay the annual fee for the domain name of the District's website. 3. Maintenance and Management of the Website. 1. Contractor will manage and maintain the website; 1,000 2. Remediate in an ADA compliant format new documents(a not to exceed'75'u'pages per year) uploaded by the District Manager to the document portal;* 1. For Agenda Packages,the Contractor shall turn around the documents within 2 business days 3. District shall be responsible for uploading the documents onto the document portal for the website. Upon completion of the remediation services,Contractor shall ensure that the remediated documents are live on the website. Contractor shall ensure that the District only has the ability to upload documents to the document portal(not the ability to make documents go live on the website)or remove documents on the website and cannot alter any other aspect of the website; 4. Contractor will store all District data,including files,text and parameters;data will be backed-up on a separate storage system at regular intervals;and EXHIBIT A 5. The ADA compliant website will he on-line at all times unless maintenance or upgrades require it to be unavailable. When maintenance or upgrades require the website to be unavailable, Contractor will provide the District with reasonable advance notice in writing. 4. Monthly Auditing and Remediation Services. 1. Every month Contractor will comprehensively audit the website's compliance with(1)WCAG and(2) any applicable laws,rules,and regulations(including,the Department of Justice); 2. After the audit,Contractor will remediate any web accessibility deficiencies of the website or content on the website;and 3. The Contractor will provide a written report to the District that summarizes the audit and any remediations made. 5. Support Services. Contractor will supply telephone and/or email support to the District on a reasonable and necessary basis to within business hours—Monday to Friday 9 am to 6 pm EST, exclusive of holidays.The Contractor will provide a listing of detailed hours,holidays,and service availability on their website,and reserves the right to modify the times technical support is available. *If certain PDFs are not able to be fully remediated,Contractor shall work with the District to create a summary of the content in the PDF and provide contact information if anyone needs reasonable accommodations to access the full content within that PDF. EXHIBIT A �..--gil INNER-1 OP ID:KS ACORL ' CERTIFICATE OF LIABILITY INSURANCE DATE(MMlDDIYYYY) 4.....----. 12/04/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Matthew J.Murphy Murphy76Harrison Ave e Agency (PA/4 No.Ecu:513-574-3700 FAX Cincinnati,OH 45248lac,Ne):513-574-7955 A Matthew J.Murphy ADDRESS: INSURER(S)AFFORDING COVERAGE NNC k INSURER A:Selective Insurance 19259 INSURED Innersync Studio Ltd. INSURERS: 752 Dunwoodie Drive Cincinnati,OH 45230 INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE ADOL SUER POLICY EFF POLICY EXP D/ LIMITS INED WVD POLICY NUMBER IMMIDYYYY) IMMIDD/YYYYI A X COMMERCIAL GENERAL LIABILITY EACI I OCCURRENCE $ 1,000,000 CLAIMS-MADE 1 X I OCCUR X IS S2301177 11108/2018 11/08/2020 DAMAGE TO RENTED 50,000 PREMISES(Ea occurrence) $ _ MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 POLICY!X jt? LOC PRODUCTS-COMP/OP AGG $ 3,000,000 i OTHER: $ -- _- AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) _ ANY AUTO BODILY INJURY per person) $ -. ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS - AUTOS _ NON-OWNED I pROPERTY DAMAGE $ HIRED AUTOS AUTOS $ UMBRELLALIAB _OCCUR I EACH OCCURRENCE $ EXCESS LIARCLAIMS-MADE AGGREGATE $ i If DED RETENTION$ $ WORKERS COMPENSATION PER &.TATUTE OT ERµ AND EMPLOYERS'LIABILITY 1 Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE ,E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) EL DISEASE-EA EMPLOYEE $ If yyes describe under DESGIRIPTION OF OPERATIONS below _ ElDISEASE POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space le required) Naples Heritage Community Development District and its officers and supervisorsare named as Additional Insureds per ISO form CG2010(10-01).A 30-daywritten notice prior to any change or deletion of coverage will be sent to Naples Heritage Community Development District. CERTIFICATE HOLDER CANCELLATION HERITI I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Naples Heritage Community Development District AUTHORIZED REPRESENTATIVE c!o Inframark Matthew J.Murphy 210 N. University Dr,Ste.702 !Coral Springs,FL 33071 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Naples Heritage Community Development District (If no entry appears above, information required to complete this endorsement will be shown in the Declara- tions as applicable to this endorsement.) A. Section II-Who is an Insured is amended to with such work,on the project (other include as an insured the person or organiza- than service, maintenance or re- tion shown in the Schedule, but only with re- pairs)to be performed by or on be- spect to liability arising out of your ongoing half of the additional insured(s)at the operations performed for that insured, site of the covered operations has B. With respect to the insurance afforded to been completed;or these additional insureds, the following exclu- (2) That portion of "your work" out of sion is added: which the injury or damage arises 2. Exclusions has been put to its intended use by any person or organization other This insurance does not apply to "bodily than another contractor or subcon- injury" or "property damage" occurring tractor engaged in performing opera- after: tions for a principal as a part of the same project. (1) All work, including materials, parts or equipment furnished in connection CG 20 10 10 01 0 ISO Properties, Inc.,2000 Employee Direct Deposit Enrollment Form District Name: NAPLES HERITAGE CDD To enroll in Full Service Direct Deposit, simply fill out this form and return it to Severn Trent Services payroll department. In addition to this form, please attach a voided check, not a deposit slip, for each checking account listed below. If depositing to a savings account, ask your bank to give you the Routing/Transit number for your account as it isn't always the same as the number on a savings deposit slip. Below is a sample check MICR line, detailing where the information necessary to complete this form can be found. i:Ol23LS67at: 42345678W O1p3�� Reuting/Renslt k check# IA e•digit bunter eiresti checking Account Si (this number menthes the number In between these twbmerksl tfte upper tight comer of the check— not needed for elglrupl Important! Please read and sign before completing and submitting. I hereby authorize NAPLES HERITAGE CDD to deposit any amounts owed to me, by initiating credit entries to my account at the financial institution (hereinafter"Bank") indicated on this form. Further, I authorize Bank to accept and to credit any entries indicated by NAPLES HERITAGE CDD to my account. In the event that NAPLES HERITAGE CDD deposits funds erroneously into my account, I authorize my account to be deducted for an amount not to exceed the original amount of the erroneous credit. This authorization is to remain in full force and effect until NAPLES HERITAGE CDD has received written notice from me of termination in such time and in such manner as to afford NAPLES HERITAGE CDD reasonable opportunity to act on it. Employee Name: Social Security#: - - Employee Signature: Date: Account Information Please be sure to specify the amount or percentage to be deposited into each account if depositing into more than one. The total percentage must equal 100%. 1. Bank Name/City/State: Routing/Transit#: Account#: ❑ Checking ❑ Savings ❑ Other I wish to deposit$ or❑ Entire Net Amount 2. Bank Name/City/State: Routing/Transit#: Account#: ❑ Checking ❑ Savings ❑ Other I wish to deposit$ or LI Entire Net Amount 3. Bank Name/City/State: Routing/Transit#: Account#: ❑ Checking ❑ Savings ❑ Other I wish to deposit$ _or❑ Entire Net Amount NAPLES HERITAGE Community Development District Financial Report September 30, 2019 Prepared by N F RA M ARK „ , RV NAPLES HERITAGE Community Development District Table of Contents FINANCIAL STATEMENTS Balance Sheet Page 1 Statement of Revenues,Expenditures and Changes in Fund Balances General Fund Page 2 SUPPORTING SCHEDULES Non-Ad Valorem Special Assessments Page 3 Cash and Investment Balances Page 4 Check Register Page 5-7 NAPLES HERITAGE Community Development District Financial Statements (Unaudited) September 30, 2019 NAPLES HERITAGE Community Development District General Fund Balance Sheet September 30, 2019 ACCOUNT DESCRIPTION TOTAL ASSETS Cash-Checking Account $ 26,688 Investments: Money Market Account 7,193 Deposits 1,700 TOTAL ASSETS $ 35,581 LIABILITIES Accounts Payable $ 3,037 Accrued Expenses 44 TOTAL LIABILITIES 3,081 FUND BALANCES Nonspendable: Deposits 1,700 Assigned to: Operating Reserves 23,993 Reserves-Fountains 400 Reserves-Road and Lakes 1,865 Unassigned: 4,542 TOTAL FUND BALANCES $ 32,500 TOTAL LIABILITIES&FUND BALANCES $ 35,581 Page 1 NAPLES HERITAGE Community Development District General Fund Statement of Revenues, Expenditures and Changes in Fund Balances For the Period Ending September 30, 2019 ANNUAL YTD ACTUAL ADOPTED YEAR TO DATE YEAR TO DATE VARIANCE($) AS A%OF SEP-19 SEP-19 ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) ADOPTED BUD BUDGET ACTUAL REVENUES Interest-Investments $ 100 $ 100 $ 1,160 $ 1,060 1160.00% $ 8 $ 43 Interest-Tax Collector - - 51 51 0.00% - - Special Assmnts-Tax Collector 99,872 99,872 99,875 3 100.00% - - Special Assmnts-Discounts (3,995) (3,995) (3,564) 431 89.21% - - TOTAL REVENUES 95,977 95,977 97,522 1,545 101.61% 8 43 EXPENDITURES Administration P/R-Board of Supervisors 5,000 5,000 5,000 - 100.00% - - FICA Taxes 383 383 383 - 100.00% - - ProfSery-Engineering 2,000 2,000 - 2,000 0.00% . - ProfServ-Field Management 795 795 469 326 58.99% - - ProfServ-LegalServices 2,000 2,000 10,430 (8,430) 521.50% - 260 ProfServ-Mgmt Consulting Sery 21,948 21,948 21,948 - 100.00% 1,829 1,829 ProfServ-Property Appraiser 1,498 1,498 1,199 299 80.04% - - ProfSery-Web Site Maintenance 636 636 636 - 100.00% 53 53 Auditing Services 3,000 3,00C 2,900 100 96.67% - - Postage and Freight 1,500 1,50C 1,327 173 88.47% 125 4 Insurance-General Liability 8,911 8,911 7,747 1,164 86.94% - - Printing and Binding 650 650 1,167 (517) 179.54% - - Legal Advertising 2,5C0 2,500 2,113 387 84.52% - - Misc-Bank Charges 660 660 518 142 78.48% - - Misc-Assessmnt Collection Cost 1,997 1,997 1,926 71 96.44% - - Misc-Contingency 376 376 - 376 0.00% - - Misc-Web Hosting 501 501 414 87 82.63% - - Office Expense 410 410 132 278 32.20% - - Annual District Filing Fee 175 175 175 - 100.00% - - Total Administration 54,940 54,940 58,484 (3,544) 106.45% 2,007 2,146 Field Contracts-Fountain 700 70C 711 (11) 101.57% - - Contracts-Aerator Maintenance 682 682 904 (222) 132.551/0 - - Electricity-Aerator 2,760 2,760 3,512 (752) 127.25% 230 372 RAM-Fence 500 500 - 500 0.00% - - Misc-Contingency 26,195 26,195 26,200 (5) 100.02% - - Total Fleld 30,837 30,837 31,327 (490) 101.59% 230 372 Reserves Reserve-Fountain 200 200 - 200 0.00% - - Reserve-Roads and Lakes 10.000 10,000 8,135 1,865 81.35% - - Total Reserves 10.200 10,200 8,135 2,065 79.75% - - TOTAL EXPENDITURES 8 RESERVES 95,977 95,977 97,946 (1,969) 102.05% 2,237 2,518 Excess(deficiency)of revenues Over(under)expenditures - - (424) (424) 0.00% (2,229) (2,475) Net change in fund balance $ - $ - $ (424) $ (424) 0.00% $ (2,229? $ (2,475) FUND BALANCE,BEGINNING(OCT 1,2018) 32,924 32,924 32,924 FUND BALANCE,ENDING $ 32,924 $ 32,924 $ 32,500 Page 2 NAPLES HERITAGE Community Development District Supporting Schedules September 30, 2019 NAPLES HERITAGE Community Development District Non-Ad Valorem Special Assessments-Collier County Tax Collector Monthly Collection Distributions For the Fiscal Year Ending September 30,2019 Discount/ Gross Date Net Amount (Penalties) Collection Amount Received Received Amount Costs Received Assessments Levied $ 99,875 Allocation% 100% 11/08/18 $ 580 $ 33 $ 12 $ 625 11/16/18 11,878 505 242 12,625 11/30/18 30,959 1,315 632 32,906 12/10/18 19,522 830 398 20,750 12/24/18 15,627 649 319 16,596 01/25/19 7,060 201 144 7,405 02/22/19 3,127 59 64 3,250 04/01/19 2,721 9 56 2,785 04/26/19 1,775 (4) 36 1,808 05/24/19 252 (8) 5 250 06/18/19 126 (4) 3 125 06/18/19 757 (23) 15 750 TOTAL $ 94,385 $ 3,563 $ 1,926 $ 99,875 %COLLECTED 100.0% TOTAL OUTSTANDING $ - Report Date: 10/14/2019 Page 3 NAPLES HERITAGE Community Development District Cash and Investment Balances September 30, 2019 ACCOUNT NAME BANK NAME YIELD MATURITY BALANCE GENERAL FUND Checking Account-Operating Valley National 1.63% N/A 26,688 Money Market Account BankUnited 1.50% N/A 7,193 Total $ 33,881 Page 4 8 0 0 0 8 t8+l, 2 p 8 8 8 8 8 8 8 8 8 8• {'8 8 O S O 8 8 8 8 8 0 8 8 �8 O 100 �tt8ppp O O Q m N . 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O R N a O ._ ._ ._ .. r > a •c .0 `$ 8rng888 $ 2a $.'fF2 f fat a g 1111111o u. Z a a a a a a a a U A a a0 6. ' E m 00 11 N 2 a 6 ALo y i J J J J J J J J J J c dl d, 9 tl� d� h a x 0000000000 5'- N N 2 g g g g } } } } } j- } } } 121 12, o`gl 0000 as a as a a a as I, a 0 aWg ❑ gQ RoWao ' / (9 -1 5556666F0c,— ❑ 0uJ Wx. ZQWZW W> x a a a a a a a a Z W w I- Q W W w W N LL LL LL - 4- 4- 4- u- 00000000 O.w a a a CO a CO a a a W m a $ $ $ `' ° ° Q ° $ $ $ $ $ $ $ 0 0 0 a ❑ sssggs -gg 8888888gg H TD X XXXXXXXX rd > 0 1- 1- H H F- F- F- F- T O N M N M ? N t0 W m < vgi $ uiro r� � a m o00 _ YZ 888 }yy{ < $ § X88888888 a c 0 0 0 0 0 0 0 0 0 0 V)▪ 0 0 00000000 CO 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 Page 7 NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT Motion: Assigning Fund Balance as of 9/30/19 The Board hereby assigns the FY 2019 Reserves as follows: Operating Reserve $23,993 Reserves-Fountain $ 400 Reserves-Roads&Lakes $ 1,865 BUDGET AMENDMENT RESOLUTION 2020-01 A BUDGET AMENDMENT AMENDING THE NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT GENERAL FUND BUDGET FOR FISCAL YEAR 2019 WHEREAS, the Board of Supervisors, hereinafter referred to as the "Board", of Naples Heritage Community Development District, hereinafter referred to as "District", adopted a General Fund Budget for Fiscal Year 2019, and WHEREAS, the Board desires to reallocate funds budgeted to reappropriate Revenues and Expenses approved during the Fiscal Year. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT THE FOLLOWING: 1. The General Fund is hereby amended in accordance with Exhibit "A" attached. 2. This resolution shall become effective this 5th day of November, 2019 and be reflected in the monthly and Fiscal Year End 9/30/2019 Financial Statements and Audit Report of the District. Naples Heritage Community Development District By: 9-..✓rocc Kenneth R. Gay r, Chairman Attest: By: J,tin Faircloth, Secretary NAPLES HERITAGE Community Development District General Fund Proposed Budget Amendment Exhibit A For the Period Ending September 30, 2019 CURRENT PROPOSED FINAL YEAR TO DATE VARIANCE($) ACCOUNT DESCRIPTION BUDGET AMENDMENT BUDGET ACTUAL FAV(UNFAV) REVENUES Interest-Investments $ 100 $ - $ 100 $ 1,160 $ 1,060 Interest-Tax Collector - - - 51 51 Special Assmnts-Tax Collector 99,872 - 99,872 99,875 3 Special Assmnts-Discounts (3,995) - (3,995) (3,564) 431 TOTAL REVENUES 95,977 - 95,977 97,522 1,545 EXPENDITURES Administration PIR-Board of Supervisors 5,000 - 5,000 5,000 - FICA Taxes 383 - 383 383 - ProfServ-Engineering 2,000 - 2,000 - 2,000 ProfServ-Field Management 795 - 795 469 326 ProfSery-Legal Services 2,000 8,430 10,430 10,430 - ProfServ-Mgmt Consulting Sery 21,948 - 21,948 21,948 - ProfServ-Property Appraiser 1,498 - 1,498 1,199 299 ProfServ-Web Site Maintenance 636 - 636 636 - Auditing Services 3,000 - 3,000 2,900 100 Postage and Freight 1,500 - 1,500 1,327 173 Insurance-General Liability 8,911 - 8,911 7,747 1,164 Printing and Binding 650 - 650 1,167 (517) Legal Advertising 2,500 - 2,500 2,113 387 Misc-Bank Charges 660 - 660 518 142 Misc-Assessmnt Collection Cost 1,997 - 1,997 1,926 71 Misc-Contingency 376376 - 376 Misc-Web Hosting 501 - 501 414 87 Office Expense 410 - 410 132 278 Annual District Filing Fee 175 - 175 175 - Total Administration 54,940 8,430 63,370 58,484 4,886 Field Contracts-Fountain 700 - 700 711 (11) Contracts-Aerator Maintenance 682 - 682 904 (222) Electricity-Aerator 2,760 - 2,760 3,512 (752) R&M-Fence 500 - 500 - 500 Misc-Contingency 26,195 - 26,195 26,200 (5) Total Field 30,837 - 30,837 31,327 (490) NAPLES HERITAGE Community Development District General Fund Proposed Budget Amendment Exhibit A For the Period Ending September 30, 2019 CURRENT PROPOSED FINAL YEAR TO DATE VARIANCE($) ACCOUNT DESCRIPTION BUDGET AMENDMENT BUDGET ACTUAL FAV(UNFAV) Reserves Reserve-Fountain 200 - 200 200 Reserve-Roads and Lakes 10,000 _ - 10,000 8,135 1,865 Total Reserves 10,200 - 10,200 8,135 2,065 TOTAL EXPENDITURES&RESERVES 95,977 8,430 104,407 97,946 6,461 Excess(deficiency)of revenues Over(under)expenditures - (8,430) (8,430) (424) 8,006 Net change in fund balance - (8,430) (8,430) (424) 8,006 FUND BALANCE,BEGINNING(OCT 1,2018) 32,924 - 32,924 32,924 - FUND BALANCE,ENDING $ 32,924 $ (8,430) $ 24,494 $ 32,500 $ 8,006 951 Yamato Road•Suite 280 0 Boca Raton, Florida 33431 Grau& Associates (561)994-9299•(800)299-4728 Fax (561)994-5823 !:t;t2'I'91 i[':t7 PUBLICACCOUNTANTSwww.graucpa.com September 13,2019 To Board of Supervisors Naples Heritage Community Development District 210 N.University Drive,Suite 702 Coral Springs,FL 33071 We are pleased to confirm our understanding of the services we are to provide Naples Heritage Community Devetopment District, Collier County,Florida("the District")for the fiscal year ended September 30,2019.We will audit the financial statements of the governmental activities and oath major fund,including the related notes to the financial statements,which collectively comprise the basic financial statements of XXX Community Development District as of and for the fiscal year ended September 30,2019. In addition,we will examine the District's compliance with the requirements of Section 218.415 Florida Statutes. This letter serves to renew our agreement and establish the terms and fee for the 2019 audit. Accounting standards generally accepted in the United States of America provide for certain required supplementary information (RSI),such as management's discussion and analysis(MD&A),to supplement the District's basic financial statements.Such information,although not a part of the basic financial statements,is required by the Governmental Accounting Standards Board who considers It to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational,economic,or historical context.As part of our engagement,we will apply certain limited procedures to the District's RSI in accordance with auditing standards generally accepted in the United States of America.These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the Information for consistency with management's responses to our inquiries,the basic financial statements,and other knowledge we obtained during our audit of the basic financial statements.We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. The following RSI is required by generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited: 1) Management's Discussion and Analysis. 2) Budgetary comparison schedule Audit Objectives The objective of our audit is the expression of opinions as to whether your financial statements are fairly presented,in all material respects,in conformity with U.S. generally accepted accounting principles and to report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the financial statements as a whole.Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America and the standards for financial audits contained in Government Auditing Standards,issued by the Comptroller General of the United States,and will Include tests of the accounting records of the District and other procedures we consider necessary to enable us to express such opinions.We will issue a written report upon completion of our audit of the District's financial statements.We cannot provide assurance that an unmodified opinion will be expressed.Circumstances may arise in which it is necessary for us to modify our opinion or add emphasis-of-matter or other-matter paragraphs.If our opinion on the financial statements is other than unmodified, we will discuss the reasons with you in advance.If,for any reason,we are unable to complete the audit or are unable to form or have not formed an opinion,we may decline to express an opinion or issue a report,or may withdraw from this engagement. We will also provide a report(that does not include an opinion) on internal control related to the financial statements and compliance with the provisions of laws,regulations,contracts,and grant agreements,noncompliance with which could have a material effect on the financial statements as required by Government Auditing Standards.The report on internal control and on compliance and other matters will include a paragraph that states(1)that the purpose of the report is solely to describe the scope of testing of internal control and compliance, and the results of that testing, and not to provide an opinion on the effectiveness of the District's internal control on compliance,and(2)that the report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the District's internal control and compliance,The paragraph will also state that the report is not suitable for any other purpose.if during our audit we become aware that the District is subject to an audit requirement that is not encompassed In the terms of this engagement, we will communicate to management and those charged with governance that an audit in accordance with U.S.generally accepted auditing standards and the standards for financial audits contained in Government Auditing Standards may not satisfy the relevant legal, regulatory, or contractual requirements. 2 Examination Objective The objective of our examination is the expression of an opinion as to whether the District is in compliance with Florida Statute 218.415 in accordance with Rule 10.556(10)of the Auditor General of the State of Florida.Our examination will be conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants and will include tests of your records and other procedures we consider necessary to enable us to express such an opinion.We will issue a written report upon completion of our examination of the District's compliance.The report will include a statement that the report is intended solely for the information and use of management,those charged with governance,and the Florida Auditor General, and is not intended to be and should not be used by anyone other than these specified parties.We cannot provide assurance that an unmodified opinion will be expressed.Circumstances may arise in which it is necessary for us to modify our opinion or add emphasis-of-matter or other-matter paragraphs.If our opinion on the District's compliance is other than unmodified,we will discuss the reasons with you in advance.If,for any reason,we are unable to complete the examination or are unable to form or have not formed an opinion,we may decline to express an opinion or issue a report,or may withdraw from this engagement. Other Services We will assist in preparing the financial statements and related notes of the District in conformity with U.S.generally accepted accounting principles based on information provided by you. These nonaudit services do not constitute an audit under Government Auditing Standards and such services will not be conducted in accordance with Government Auditing Standards. The other services are limited to the financial statement services previously defined. We, in our sole professional judgment, reserve the right to refuse to perform any procedure or take any action that could be construed as assuming management responsibilities. Management Responsibilities Management is responsible for compliance with Florida Statute 218.415 and will provide us with the information required for the examination.The accuracy and completeness of such information is also management's responsibility.You agree to assume all management responsibilities relating to the financial statements and related notes and any other nonaudit services we provide. You will be required to acknowledge in the management representation letter our assistance with preparation of the financial statements and related notes and that you have reviewed and approved the financial statements and related notes prior to their issuance and have accepted responsibility for them.In addition,you will be required to make certain representations regarding compliance with Florida Statute 218.415 in the management representation letter.Further,you agree to oversee the nonaudit services by designating an individual, preferably from senior management, who possesses suitable skill, knowledge, or experience;evaluate the adequacy and results of those services;and accept responsibility for them. Management is responsible for designing, implementing and maintaining effective internal controls. including evaluating and monitoring ongoing activities,to help ensure that appropriate goals and objectives are met;following laws and regulations;and ensuring that management and financial information is reliable and properly reported. Management is also responsible for implementing systems designed to achieve compliance with applicable laws,regulations,contracts,and grant agreements.You are also responsible for the selection and application of accounting principles,for the preparation and fair presentation of the financial statements and all accompanying information in conformity with U.S.generally accepted accounting principles,and for compliance with applicable laws and regulations and the provisions of contracts and grant agreements. Management is also responsible for making all financial records and related information available to us and for the accuracy and completeness of that information.You are also responsible for providing us with(1)access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements,(2)additional information that we may request for the purpose of the audit, and(3)unrestricted access to persons within the government from whom we determine it necessary to obtain audit evidence. Your responsibilities include adjusting the financial statements to correct material misstatements and for confirming to us in the written representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial,both individually and in the aggregate,to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud,and for informing us about all known or suspected fraud affecting the government involving(1)management,(2)employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees,former employees,grantors,regulators,or others.In addition,you are responsible for identifying and ensuring that the government complies with applicable laws,regulations,contracts,agreements,and grants and for taking timely and appropriate steps to remedy fraud and noncompliance with provisions of laws,regulations,contracts or grant agreements,or abuse that we report. Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying and providing report copies of previous financial audits, attestation engagements,performance audits or other studies related to the objectives discussed in the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or other studies. You are also responsible for providing management's views on our current findings, conclusions, and recommendations, as well as your planned corrective actions,for the report,and for the timing and format for providing that information. 3 With regard to the electronic dissemination of audited financial statements,including financial statements published electronically on your website,you understand that electronic sites are a means to distribute information and,therefore,we are not required to read the information contained in these sites or to consider the consistency of other information in the electronic site with the original document. Audit Procedures—General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore,our audit will involve judgment about the number of transactions to be examined and the areas to be tested.An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management,as well as evaluating the overall presentation of the financial statements.We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement,whether from(1)errors,(2)fraudulent financial reporting,(3)misappropriation of assets,or(4)violations of laws or governmental regulations that are attributable to the govemment or to acts by management or employees acting on behalf of the government.Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse. Because of the inherent limitations of an audit,combined with the inherent limitations of internal control,and because we will not perform a detailed examination of all transactions,there is a risk that material misstatements may exist and not be detected by us,even though the audit is properly planned and performed in accordance with U.S.generally accepted auditing standards and Government Auditing Standards. In addition,an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements.Our responsibility as auditors is limited to the period covered by our audit and does not extend to later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories,and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry.At the conclusion of our audit, we will require certain written representations from you about your responsibilities for the financial statements;compliance with laws,regulations,contracts,and grant agreements;and other responsibilities required by generally accepted auditing standards. Audit Procedures—Internal Control Our audit will include obtaining an understanding of the government and its environment,including internal control,sufficient to assess the risks of material misstatement of the financial statements and to design the nature,timing,and extent of further audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements.Our tests,if performed,will be less in scope than would be necessary to render an opinion on internal control and, accordingly,no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. An audit is not designed to provide assurance on internal control or to identify significant deficiencies or material weaknesses. However,during the audit,we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards and Government Auditing Standards. Audit Procedures—Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the District's compliance with the provisions of applicable laws,regulations,contracts,agreements,and grants. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. Engagement Administration,Fees,and Other We understand that your employees will prepare all confirmations we request and will locate any documents selected by us for testing. The audit documentation for this engagement is the property of Grau &Associates and constitutes confidential information. However,subject to applicable laws and regulations,audit documentation and appropriate individuals will be made available upon request and in a timely manner to a cognizant or oversight agency or its designee,a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities.We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of Grau&Associates personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties.These parties may intend,or decide,to distribute the copies or information contained therein to others,including other governmental agencies.Notwithstanding the foregoing,the parties acknowledge that various documents reviewed or produced during the conduct of the audit may be public records under Florida law. The District agrees to notify Grau & Associates of any public record request it receives that involves audit documentation. 4 Our fee for these services will not exceed$3,000 for the September 30, 2019 audit. The fee for each annual renewal will be agreed upon separately. We will complete the audit within prescribed statutory deadlines, with the understanding that your employees will provide information needed to perform the audit on a timely basis. The audit documentation for this engagement will be retained for a minimum of five years after the report release date. If we are aware that a federal awarding agency or auditee is contesting an audit finding,we will contact the party(ies)contesting the audit finding for guidance prior to destroying the audit documentation. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. Invoices will be submitted in sufficient detail to demonstrate compliance with the terms of this agreement.In accordance with our firm policies, work may be suspended if your account becomes 60 days or more overdue and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment,our engagement will be deemed to have been completed upon written notification of termination,even if we have not completed our report.You will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket costs through the date of termination.The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary,we will discuss it with you and arrive at a new fee estimate. This agreement is automatically renewed each year thereafter subject to the mutual agreement by both parties to all terms and fees.The fee for each annual renewal will be agreed upon separately. The District has the option to terminate this agreement with or without cause by providing thirty (30)days written notice of termination to Grau&Associates. Upon any termination of this agreement,Grau&Associates shall be entitled to payment of 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 Grau&Associates. We will provide you with a copy of our most recent external peer review report and any letter of comment,and any subsequent peer review reports and letters of comment received during the period of the contract.Our 2016 peer review report accompanies this letter. We appreciate the opportunity to be of service to Naples Heritage Community Development District and believe this letter accurately summarizes the significant terms of our engagement.If you have any questions,please let us know.If you agree with the terms of our engagement as described in this letter,please sign the enclosed copy and return it to us. Very truly yours, Grau&Associates (Antonio J.Grau) RESPONSE: This le.kta.i:_oorrectly sets fo h t understanding of Naples Heritage Community Development District. By: Title: CM,.i, ,"-,'/ Date: L/r//,` 5 k \ > \i4 % ! �) Z$00 )\ ƒ m] & ƒ!. ) \§ ] • _, ` 2Eao ! �// ~N 0- 124 •f CD k\}/ C CO � k� \ ® % /� f * � PL-4 � � �sGB t / Q gE\% J / $ Cn /\ Q8 2 E 2 \ 44 a o fli ƒ 7 $ o «2/ \ 4.1 U n ` = j\$ 2 g CU CE3 /2L 4 \ƒ k/ 41 CD o . U %� _ 0 �§ - a ■ 0 CO 2 � Q 2.2 Cc \jQ { #± ca _ INFRAMARK INFRASTRUCTURE MANAGEMENT SERVICES Naples Heritage CDD 5/3/19 & 10/25/19 — Field Management Report im ,r; .„. Brie, v 4 qH". d s ag,, 2k, .. .�APL L #'k! i L'1G cLF&eK3Lf1V'1'I2Y(AMR Ela ,• P, n.nor^ � �' _ A R { WWW.infra markims.com Inspected on 5/3/19&10/25/19 by:Justin Faircloth/Tina Williams 1, Lake Management The water levels have remained elevated since the summer rains have tapered off. The lakes look very good overall during the last inspection as compared to our site visit in May earlier this year where there where heavy amounts of dead floating vegetation. Additional lake maintenance information is found below; all lake issues are low density unless otherwise noted. a. Algae on Lakes: May—most lakes had patches of floating debris. October—minor algae observed in the littoral shelves. • May 2019 October 2.01.9 b. Littorals: Littorals throughout the lakes are continuing to become established. Healthy plants were noticed on many of the lakes, however,Thalia is growing quite strong around lake 9.The Board may wish to the plants out during the winter season as they begin to brown out. r"*"1' 4 L f _ ,• • . c. Weeds: i. Alligator Weed in Lakes: lake 9. ii, Brazilian Pepper: No issues observed. iii. Cattails in Lakes: No issues observed. iv. Climbing Hemp Vine in Lakes: No issues observed. v. Dollar Weed in Lakes: No issues observed. vi. Hydrilla in Lakes: No issues observed. vii. Illinois Pond Weed in Lakes: No issues observed. Inframark Monthly Management Report 1 � Viii Muskgrass (Chara): Vast improvement from Mayto October,but strong presence on lake 11 that may need to be treated. Carp may be considered for this lake as well. \ \lrt, -' - ^ �- - r��� '' `�/� ' -' ~- �� `��� ix. Red LudwigiainLak2s: Noiouesnbrerved. X. Spatterdock/Lily Pads in Lakes: No issues observed. xi. Torpedo Grass in Lakes: lake 9. d. Trash in Lakes: No issues observed. e. Clippings in Lakes: No issues observed. 2. Lake Bank Erosion: No issues observed. 3, Stormwater System a Control Structures: Control structure F remains to be cleaned out to ensure proper flow to TractC5. ` '��� ' r�`����* / t�' ��s / � . ' `, . 41,9°C.-'.. ...,' ,,,,o,,,,,.., m ,,.., ,.,,,, April 2018 October 2019 _ • Drains: Edging should still be performed around drain F-22 along the north side of the fairway of hole 10. a 7. ' x ,,, 44E - t r fx '&y.tt {W .+�i �Ss' , a ti".;- ',,' „If.,...... „4. �.z a t Drain structure F-117 on the SW corner of Lake 4 should continue to be monitored. The roots are continuing to grow inside the drain and could cause damaged to the structure. {{� (/. l” arc ,• f VI ;� x ” , t. t r ik a s A t t.3,:: ‘t7 ��: e , ,. r Ill " t .w ` xt e , it, r Control Structure CSA on the north east end of lake 13 should be cleaned out to ensure proper drainage during the rainy season. gpgp 'j} tti , �.1 • i • ""� ,, � � - j At s ,x; ''� ', i -loL.r '4a✓ f� { f � ` v ; 1 R t X G't16 t vY r,' ret 4'7. ,, 1:, ' ,e- l'14 4,,\,‘, ' IA ,i k . "t , vio ii:q, ,.).4.5.4 .�. � 4 .�1� Stn � e it: rf $s� � .•� r t:,,,,-,..--,,... L b t(; tIlk-, f s tr . ` s � x,. . .._.?4 ..u�% �i: V.. . -..t .moi?" a e4" -s lnframark Monthly Management Report 3 Roadway Catch Basins: Minor debris noted. Basin F-78 along Kilkenny Way remains damaged.The structure may be repaired for cosmetic reasons. t. 3 1 � "mix� � ;i ��$ ♦'k,' ? t�'• Inter-Connect/Drain Pipes: No major issues observed during the May inspection,however, most to pipes were under water due to the elevated water levels during the October inspection. The carp barrier on interconnect F-131 has been broken and needs to be repaired to keep the carp from moving to lake 5.The plastic tubing should be replaced with more substantial material. • • r 1 'r Lake Drainage Pipes: No issues observed. 4. Fountain/Aeration: The fountain on Lake 14 is working,but not rotating again. The fountain should be repaired under warranty. Inframark Monthly Management Report 4 ,:-. 3 yrs ;.t a The aeration installation has been completed on lakes 5&6,however,there is a mat under the compressor for lake 5 that we will follow up with the vendor about to ensure this is correct. amu, 7e r aiia h 5. Perimeter Fence:The fence has been opened on the new parcel along Colonial Court.This may be in anticipation of treating the various invasive exotics on the parcel. lir ' -1rr�! "+�� r-+'` D e is r` 11 1 K7' The fence on the western boundary adjacent to the south bank of lake 2 has debris on it that should likely be removed to prevent damage. Inframark Monthly Management Report 5 'ij '!�i�y{4,�J- g7 6 • as k?. T .. {0., '" - mac. T 6. Preserves: Exotics(Long Ear Leaf Acacia)along Tract C5 between holes 9 and 17 are increasing due to seed source on neighboring property. More Long Ear Leaf Acacia trees were found in C5 on west bank of Lake 2 for the same reason. Management should treat carefully to prevent any growth from becoming established. 4.f.,''',1 i!• ,j J• P ., 6 " fp „dd } LA {jam e . Y .: ! Ai, g r ` ,, .„' 0-'er r A homeless camp was discovered in the conservation area south of Davis Boulevard adjacent to Firano back in May.The Collier County Sheriff was contacted and the contents removed by staff. No new encampment was discovered in October. ,;,-,.,t,Ire'- i Y', iy. F ' t ,� ( .,.mow• M. .U,A... ,, r-b fr4 t-`` �-4 Pf •tri& ... .. e`` •e � s • fr^ • • wY ...}r'T �..w "."‘..',.`4,1‘I'GEa. ' May 2019 October 2019 Inframark Monthly Management Report 6 7. Sidewalks/Gutters: Sidewalks are continuing to be marked along Naples Heritage Drive any issue observed was marked with red paint. ���'f� g vioot __ r Y :rte a ,z; 8. Roadways: No issues observed. 9. Gatehouse/Monuments: The condition of the monuments around the entrance continue to deteriorate and may need to be repaired or repainted in the near future.Vegetation should be removed to prevent damage from the items. fell•y ` ,'" r r +f. t� 1. fri 0.11.1" --,.`M1ri� 60..".4!"'„ f a"� 6 y{q._ te` 4 1 I.1'^ • Vl `9 t /^ Electrical items should be repaired to prevent moisture from entering the conduit lines around the monuments. Ctt Al e i s i." ,�y w 40 #^zt ,,,C.,..- .- `;i Inframark Monthly Management Report 7 Gate damage was noticed to the back exit gate in May. Minor paint touch up may be needed to the gates. ' II, 1.4 1 I-11'i, '.„, ill Nq' '► .... mp ... . , „„„,„ ,.. lilt .....,........„:,,,,,,,, 10, Fish/Wildlife Observations: ® Bass 1 I Bream Catfish H Gambusia ® Egrets ® Herons Coots Gallinules ®Anhinga [1 Cormorant Osprey [i Ibis Woodstork Otter U Alligators ( I Snakes Turtles Other: Ducks 11. Residential Complaints/Concerns: No issues reported. Inframark Monthly Management Report 8 U.S.Department of Homeland Security Region IV 3003 Chamblee Tucker Road Atlanta.CA 30341 Ot i��I FEMA SEP 1 9 2019 Mr.Jared Moskowitz,Director Mr.Justin Faircloth,Authorized Agent Florida Division of Emergency Management Naples Heritage Community Development 2555 Shumard Oak Boulevard District Tallahassee, Florida 32399-2100 5911 County Lakes Drive Fort Myers, Florida 33905 Reference: FEMA-4337-DR-FL Naples Heritage Community Development District PA ID:021-U4XUL-00 First Appeal, Project Worksheets 8852 and 8854 Dear Mr. Moskowitz and Mr. Faircloth: This letter is in response to the Naples Heritage Community Development District's(Applicant) first appeal of the Federal Emergency Management Agency's(FEMA)decision to deny Public Assistance(PA)funding. The appeal is denied for the reasons discussed below and in the enclosed analysis. To be an eligible applicant,a Community Development District must be legally responsible for ownership,maintenance,and operation of an eligible facility that is accessible to the general public. The Applicant does not maintain and operate a facility that is open to or serves the general public and,therefore, is not eligible for PA funding. This letter constitutes the official notification of this determination to the Applicant. The Applicant may appeal this determination to the Assistant Administrator, Recovery Directorate,at FEMA Headquarters pursuant to Title 44 of the Code of Federal Regulations (44 C.F.R.) §206.206,Appeals. If the Applicant elects to file a second appeal,the appeal must: 1)contain documented justification supporting the Applicant's position, 2)specify the monetary figure in dispute,and 3)cite the provisions in Federal law, regulation,or policy with which the Applicant believes the initial action was inconsistent. A second appeal must be submitted to the Florida Division of Emergency Management(Recipient)by the Applicant within 60 days of the Applicant's receipt of this letter.The Recipient's transmittal of that appeal,with recommendation, is required to be submitted to my office within 60 days of your receipt of the Applicant's letter. My office will transmit the second appeal to FEMA headquarters. If you have questions or need additional information,please contact Mr.Terry L.Quarles,CEM, Director, Recovery Division,at(770)220-5300. `Sincerely, 47441-1------ Gracia B. Szczech Regional Administrator Enclosures: Appeal Analysis: FEMA-4337-DR-FL,Naples Heritage Community Development District, Project Worksheets 8852, 8854 Administrative Record Index 2 FIRST APPEAL ANALYSIS FEMA-4337-DR-FL Naples Heritage Community Development District,PA ID: 021-U4XUL-00 Project Worksheets 8852 and 8854—Applicant Eligibility Background Hurricane Irma,the ninth named storm of the 2017 hurricane season and strongest hurricane in terms of maximum sustained winds observed in the Atlantic since Hurricane Wilma in 2005, made landfall in the Florida Keys on September 10, 2017. Thereafter, Hurricane Irma tracked up and across Florida's peninsula,severely damaging communities along both coasts with strong winds,heavy rain, and storm surge. The event was declared a major disaster(FEMA-4337-DR- FL)on September 10,2017, with an incident period extending from September 4 to October 18, 2017. Strong winds damaged facilities owned and maintained by the Naples Heritage Community Development District(Applicant),art independent special district located in Collier County.l FEMA prepared Project Worksheets 8852 and 8854 to capture damage and associated cost to repair fencing, an entry gate,and community street signs. On July 28, 1997,the Applicant entered into an operation and maintenance agreement (Agreement)with Naples Heritage Golf and Country Club(Club) for ease of administration, potential cost savings,and the benefits of full-time on-site operation and maintenance. The Agreement pertains to the roads, including all landscaping and sidewalks, irrigation water facilities not owned by the county,security including guardhouses,water management,drainage systems, parks, common areas, recreational,and conservation areas. Additionally,the agreement states that the Club shall be solely responsible for the staffing,budgeting, financing, billing and collection of fees,assessments,service charges necessary to perform the operation,and maintenance responsibilities,2 On December 3,2018 and December 11,2018,FEMA prepared a determination memo to deny the cost associated with the repair of the damaged facilities.3 Specifically,FEMA noted that the Applicant was not legally responsible for the facilities nor were the facilities accessible to the general public.4 First Appeal On February 5,2019,the Applicant submitted a first appeal to the Florida Division of Emergency Management(Recipient).5 On appeal,the Applicant asserts it is eligible for Public Florida Statutes,Title XIII,Chapter 190,Community Development Districts,(2018). 2 Community Development District Systems and Facilities Operation and Maintenance Agreement,between Naples Heritage Community Development District(NHCDD),and Naples Heritage Golf and Country Club(July 28, 1997). Notification from FEMA,to Authorized Agent,Naples Heritage Community Development District,(Dec.3,2018, 8852)(Dec. 11,2018,8854). Public Assistance Program and Policy Guide,FP 104-009-2,V3.1,at 10(Apr.26,2018)[hereinafter PA PPG]. 5 Notification from FEMA,to Authorized Agent,Naples Heritage Community Development District,(Dec.3,2018, 8852)(Dec. 11,2018,8854). 1 Assistance(PA)funding because: 1)the district is a local government, 2)the facilities are public facilities,and 3)the maintenance agreement does not change the ownership and nature of the facilities. Notably,the Applicant states that it engaged the Club as a service provider to"operate and maintain"certain public infrastructure belonging to the Applicant. Further,the Applicant contends that the agreement neither transfers ownership nor ultimate legal responsibilities for the facilities.6 The Recipient concurred with the Applicant and transmitted the first appeal to FEMA in a letter dated April 4,2019,recommending approval.? Request for Information FEMA issued a Request for Information(RFI)to the Recipient and Applicant on May 23,2019,8 requesting documentation substantiating that the Applicant is legally responsibility for the repair, maintenance, and operation of the facilities identified in its first appeal letter. In addition, FEMA requested that the Applicant provide additional documentation supporting that its facilities serve the general public without exclusion to membership,and facility access is not prohibited by gates or other security features. The Applicant responded in a letter dated June 21,2019.9 In its response,the Applicant states that it has ultimate maintenance responsibility for the assets,and access to the applicable assets is available to the general public to the extent required by law. Discussion Pursuant to Title 44 of the Code of Federal Regulations(44 C.F.R.) § 206.222,Applicant eligibility,I°local governments,which includes special districts as defined by 44 C.F.R. § 206.2,'' are eligible applicants under FEMA's Public Assistance program. FEMA's Public Assistance Program and Policy Guide(PAPPG)clarifies: Community Development Districts(CDD)are special districts that finance, plan, establish,acquire,construct or reconstruct,operate,and maintain systems, facilities,and basic infrastructure within their respective jurisdictions. To be eligible,a Community Development District must be legally responsible for ownership,maintenance,and operation of an eligible facility that is accessible to the general public.'2 Applicant First Appeal Letter from Attorney,NHCDD,to Region IV Administrator,FEMA(Feb.5,2019). 'Recipient Recommendation Letter from Governor's Authorized Representative,Florida Division of Emergency Management(FDEM),to Region IV Administrator,FEMA(Apr.4,2019). s RFI Letter from Recovery Division Director,Region IV,FEMA to Interim Director,FDEM,and Attorney, NHCDD(May 23,2019). Y RFI Response Letter from Attorney,NHCDD,to Director,Recovery Division,Region IV,FEMA(June 21,2019). 10 Title 44 of the Code of Federal Regulations(44 C.F.R.)§206.222(2016). 1144 C.F.R§206.2. 12 PAPPG,at 10. 2 Therefore,CDD facilities must be open to the general public or provide a service to the general public to be eligible.'3 The Applicant's facilities are not eligible for PA funding because its facilities are not open to the general public.'4 In its RFI response,the Applicant asserts that the facilities were open to the general public to the extent required by law,and provided the 2018 Florida Statutes,Title XIII, Chapter 190 as supporting documentation. The Applicant is a gated community with facilities limited to members of the Club or members of other country clubs with reciprocal rights,15 This is further documented by the Naples Heritage Golf and Country Club 2019 Information and Fact Sheet16 and the Applicant's appeal letter'7 which states that it is a bundled and gated community that collects over$6,000.00 per member in annual membership fees and assessments for the use of its facilities. The Applicant has not provided documentation in support of its assertion that its facilities are open to and serve the general public and that access to the facilities is not prohibited by gates or other security features. Conclusion The Applicant, a Community Development District,does not maintain and operate a facility that is open to or serves the general public;therefore, the appeal is denied. 13 1d.,at 15. 1d PAPPG,at 11. 1s Naples Heritage Golf&Country Club,A Great Gordon Lewis Design Rebuilt in 2015,at 28, https: nhesc.comlactmedia/dcdh0fle-2fI0-4d68-9Icf-d5517ddc29f4!EN Article.asp, (last visited July 8,2019). '6 Naples Heritage Golf&Country Club,2019 Information and Fact Sheet,https:;nhgcc.ccun(last visited July 8, 2019). "Applicant First Appeal Letter from Attorney,Naples Heritage Community Development District,to Region IV Administrator FEMA(Feb.5,2019)(stating,"...the Club shares nearly identical geographic boundaries with the District,but the Club is a private entity that provides certain community services to the residents of Naples Heritage"). 3 ADMINISTRATIVE RECORD INDEX FEMA-4337-DR-FL Naples Heritage Community Development District, PA ID:021-U4XUL-00 Project Worksheet 8852 and 8854 Doc No. PW Document Document From To Document Pages Date Type Description/Subject 1. 2 Multi 04/04/2019 Letter Recipient FEMA 151 Appeal Letter 2. 7 8852 N/A Letter Applicant Recipient 1st Appeal Letter 3. 7 8854 N/A Letter Applicant Recipient 1st Appeal Letter 4. 4 8854 12/11/2018 Letter FEMA Recipient/ Appeal Attachment A: Applicant Determination Memo County Appeal Attachment B: 5, 8 Multi 9/24/1996 Ordinance Applicant N/A Collier County Ordinance 96-57 County Appeal Attachment C: 6. 3 Multi 11/13/1996 Ordinance Applicant N/A Collier County Ordinance 96-71 Appeal Attachment D: 7, 101 8854 N/A Report Applicant N/A Roadway Ownership Information District Appeal Attachment E: 8. 1 Multi 10/2017 Report Engineer N/A NFICDD Public Facilities Report Appeal Attachment F: 9. 12 Multi N/A Report Engineer N/A Engineer's Report for NHCDD Appeal Attachment G: CDD Systems and 10. 3 Multi 7/28/1997 Agreement Applicant Vendor Facilities Operation and Maintenance Agreement Recipient/Appli Appeal Il. 4 8852 12/4/2018 Letter FEMA cant Attachment A: Determination Memo Appeal Attachment D: 12. 9 8852 N/A Report Applicant N/A Tract R Ownership Info Appeal Attachment E: 13. 16 8852 N/A Report Applicant N/A Tract Cl Ownership Information Appeal Attachment F: 14. 7 8852 N/A Report Applicant N/A Tract C5 Ownership Information 1 Applicant's Vendor Information Naples Website:Naples 15. 1 N/A N/A and Fact Heritage Golf N/A Heritage Golf& Sheet &Country Country Club 2019 Club Information and Fact Sheet 16. 2 N/A 06/21/2019 Response Applicant FEMA RFI Response Letter RFI Response 17. Multi N/A 09/30/2018 Report Applicant FEMA Attachment: Capital Assets RFI Response Attachment: 18. Multi N/A N/A Invoices Applicant N/A Invoices/Canceled Checks End of Record 2