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Naples Heritage Agenda 03/02/2021 Naples Heritage Community Development District Board of Supervisors o Kenneth R.Gaynor,Chairman o Peter V.Ramundo,Vice Chairman ❑Justin Faircloth,District Manager o Gerald G.James,Assistant Secretary ❑Gregory L.Urbancic,District Counsel o Richard J.Leonhard,Assistant Secretary o W.Terry Cole,District Engineer o Tom Rutkowski,Assistant Secretary Meeting Agenda March 2,2021 —9:00 a.m. 1. Roll Call 2. Public Comment on Agenda Items 3. Approval of the Minutes of the January 5, 2021 Meeting 4. Old Business A. Master Association Club Expansion Update 5. New Business A. Distribution of the Proposed Fiscal Year 2022 Budget and Consideration of Resolution 2021-3 Approving the Budget and Setting the Public Hearing B. Discussion of Solitude Lake Management Aeration/Fountain Maintenance Proposal C. Discussion of FY2022 Meeting Schedule 6. Manager's Report A. Acceptance of Financial Statements B. Follow Up Items 7. Attorney's Report A. E-Verify Memorandum of Understanding S. Engineer's Report 9. Supervisors' Requests 10. Audience Comments 11. Adjournment The next meeting is scheduled for April 6, 2021 District Office: Meeting Location: 210 N.University Drive,Suite 702 Naples Heritage Golf&Country Club Clubhouse Coral Springs,FL 33071 8150 Heritage Club Way 954-603-0033 Naples,Florida api '1111rq N-4-1 kütij PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 NAPLES HERITAGE CDD 210 N UNIVERSITY DR 702 Notice of Meetings Naples Heritage Community CORAL SPRINGS, FL 33071 Development District The Board of Supervisors of the Naples Heritage Community De- velopment District will hold their meetings for Fiscal Year 2021 Affidavit of Publication at the Naples Heritage Golf and Country Club Clubhouse, 8150 Heritage Club Way,Naples,Florida at 9:00 a.m.as follows: STATE OF WISCONSIN COUNTY OF BROWN November 3,2020(Election Day) January 5,2021 March 2,2021 Before the undersigned they serve as the authority, April 6,2021 May 4,2021 personally appeared said legal clerk who on oath says that These meetings are open to the public and will be conducted in he/she serves as Legal Clerk of the Naples Daily News, a dailynewspaper paccordance with the provision of Florida Law for Community published at Naples, in Collier County, Development Districts. Florida; distributed in Collier and Lee counties of Florida; Please note that due to the ongoing nature of the COVID-19 that the attached copy of the advertising was published in public health emergency, it may be necessary to hold the above Said newspaper on dates listed. Affiant further says that the referenced meetings utilizing communications media technolo- gy in order to protect the health and safety of the public or said Naples Daily News is a newspaper published at held at an alternative physical location other than the location Naples, in said Collier County, Florida, and that the said indicated above. To that end, anyone wishing to participate in such meetings should contact the District Manager's Office prior newspaper has heretofore been continuously published in to each meeting to confirm the applicable meeting access said and/or location information. Additionally, interested parties may refer to the District's website for the latest information: htt Collier County, Florida; distributed in Collier and Lee ps://www.naplesheritagecdd.com. Counties of Florida, each day and has been entered as Meetings may be continued to a date and time certain which second class mail matter at the post office in Naples, in will be announced at the meeting. There may be occasions said Collier County, Florida, for a period of one year next when one or more Supervisors will participate by telephone. preceding the first publication of the attached copy of Any person requiring special accommodations at these meetings advertisement; and affiant further says that he has neither because of a disability or physical impairment should contact the District Manager's Office at least forty-eight (48)hours prior paid nor promised any person, or corporation any discount, to the meeting. If you are hearing or speech impaired, please rebate, commission or refund for the purpose of securing contact the Florida Relay Service by dialing 7-1-1, or 1-800-955- 8771 (TTY) / 1-800-955-8770 (Voice), for aid in contacting the this advertisement for publication in the said newspaper. District Manager's Office. Published:09124/2020 Each person who decides to appeal any action taken at these meetings is advised that person will need a record of the pro- ceedings and that accordingly, the person may need to ensure -.--TY - that a verbatim record of the proceedings is made, including the testimony and evidence upon which such appeal is to be based. Subscribed and sworn to before on September 24, 2020: Justin Faircloth District Manager September 24,2020 #4369491 -_...-..60a a_Yvl cnnr.4.l.cx1,-) Notary,State of WI,County of Brown TARA MONDLOCH I Notary Public.: State of Wisconsin I My commission expires August 6,2021 Publication Cost: $357.00 Ad No:0004369491 Customer No: 1306647 PO#: #of Affidavits1 This is not an invoice Phone 239-690-2852 /Fax 239-694-5580 v 5871 Country Lakes Drive, Ft. Myers, FL 33905 www.wciighting.cam License#SEC13004842 February 26,2021 Estimate#21-0528 Terrace II at Arbor Lakes Attn: Frank Mader Proposal to Install Power for The Fountain We greatly appreciate the opportunity to quote your electrical project within the Sherwood Community. We propose to trench minimum(18'depth to meet code) 140 feet from the waterside to the transformer to install electrical service for the fountain.We will install PVC conduit,appropriate circuitry,grounding system, and backfill with soil. At the transformer electrical service,we propose to install a 60-amp load center.We will install breakers for the fountain control panel. At the lake,we propose to install a new pedestal with new boxes,correct receptacles,in use covers,hardwire the fountain controls(provided by others)and provide a neutral conductor.We will follow the requirement of the 3 foot equipotential grid which per the NEC Code is required to bond all metallic parts around the area in the event of an electrical equipment fault and reduces the possibility of electrical shock. West Coast Electrical will coordinate with the appropriate authorities in submitting for permitting purposes and schedule all inspections. Pricing is good for 30 days. Not responsible for damage to privately owned underground utilities during excavation,please see attached addendum#A21-0528 which must be signed before work begins. Does not include cost for any repairs-to sod landscaping, or trench settling. Trench will be backftlled with the spoils. Total Amount:$5,499.00 Thank You, Accepted By: Delilllle MN* Bernie Murphy Title: West Coast Electrical&Lighting Services Date: RESOLUTION 2021-3 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT APPROVING THE BUDGET FOR FISCAL YEAR 2022 AND SETTING A PUBLIC HEARING THEREON PURSUANT TO FLORIDA LAW WHEREAS, the District Manager has heretofore prepared and submitted to the Board a proposed operating and/or debt service budget for Fiscal Year 2022; a copy of which is attached hereto, and WHEREAS, the Board of Supervisors has considered said proposed budget and desires to set the required public hearing thereon; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT; 1. The budget proposed by the District Manager for Fiscal Year 2022 is hereby approved as the basis for conducting a public hearing to adopt said budget. 2. A public hearing on said approved budget is hereby declared and set for the following date, hour and place: Date: May 4, 2021 Hour: 9:00 a.m. Place: Naples Heritage Golf& Country Club Clubhouse 8150 Heritage Club Way Naples, Florida Notice of this public hearing shall be published in the manner prescribed in Florida Law. Adopted this 2nd day of March,2021. Z-ir.bOtt Kenneth R. Gaynor Chairm.: m Faircloth ecretary IV W " /�� " L W V V - Ce ow CO N a) ct z C z N �6 N W L�LI o � o z p 0-3 2 3 } > ) //� V/ (6 N W V♦ o Q c a io d W W N_ Q ( Ls MI C LL N > NN z 0 Q Z < Q E Q Z o 4t 4) N CO or) r) r-- °o co 0) a) U C (6 16 m D N �. C C z N LL C C O (,) U a) C) O Cri 4) L U c0 -C U, to a) I- com U C z co C a)C co C o- C W 4) X m J in W Li. n = C W o I C)• o C.) o > a) is � cn I- - W Q W Ct p iC Q CD 0 C 0 Z < ❑ CO LL oCO 00 N U 0N = D x Z N • Z c U) co W H cc N laO a o 0m a. a E 0 t=n F. Q 0 re (1) W m = 01 W E J Q▪ E Z 0 ! 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E E� O U y U- N C D 0) o ca d U ' 1 y� 7 W ❑ c a' ' H E '° m OG o 7 a„ W > •�N Z � o i IA N (6 W o J � } C C a` LE Z o •i SOLITUDE r.daa LAKE MANAGEMENT FOUNTAIN AND AERATOR MAINTENANCE SERVICES CONTRACT CUSTOMER NAME: Mr. Justin Faircloth PROPERTY NAME: Naples Heritage CDD CONTRACT EFFECTIVE DATE: April 1st, 2021 through March 31st, 2022 SUBMITTED BY: Mr. Chris Byrne SPECIFICATIONS: One (1) 5hp Aqua Master Fountain (Quarterly) and (1 1) Vertex Aeration Systems (Semiannually) This agreement (the "Agreement") is made as of the date indicated above, and is by and between SOLitude Lake Management, LLC ("SOLitude" or the "Company") and the customer identified above (the "Customer") on the terms and conditions set forth in this Agreement. 1. The Services. SOLitude will provide services at the Customer's property as described in Schedules A and B attached hereto: 2. PAYMENT TERMS. The Annual Contract Price is $5,188.00. SOLitude shall invoice Customer $1,297.00 per quarter for the Services to be provided under this Agreement. The term of this agreement is for a period of one (1) year, with payment to be made in four (4) equal quarterly payments due by the last day of each billing month. As a courtesy, the customer will be invoiced on the first day of each quarter, reminding them that a contract payment is due by the end of that same month. The customer is obligated to pay each quarterly contract payment per the terms of this contract, without any obligation on the part of SOLitude to invoice or send any other sort of reminder or notice. The Annual Contract Price is based on the total value of services to be provided over a period of one year. For the convenience of the customer, we offer Quarterly Contract Pricing that is simply an even four (4) quarter amortization of the Annual Contract Price. Due to the seasonality of these services, and the disproportionate amount of time and materials dedicated to providing these services during some times of the year as compared to others, based on the season, weather patterns, and other natural factors, the amount billed and paid to date is not necessarily equivalent to the amount of work performed to date. For this reason, should the Customer cancel the contract early, or be in default for any reason, Customer will be responsible for immediately paying the remaining portion of annual contract work completed to date. The Customer will be liable for any returned check fees and any collection costs, including reasonable attorney fees and court costs, for any invoices not otherwise timely paid, and interest at the rate of 1% per month may be added to all unpaid invoices. Should the work performed be subject to any local, state, or federal jurisdiction, agency, or other organization of authority for sales or other taxes or fees in addition to those expressly covered by this contract, customer will be invoiced and responsible for paying said additional taxes in addition to the contract price and other fees above. SOLitude shall be reimbursed by the customer for any non-routine expenses, administrative fees, compliance fees, or any other similar expense that are incurred as a result of requirements placed on SOLitude by the customer that are not covered specifically by the written specifications of this contract. Competitively Sensitive & Proprietary Materials—The information contained herein is the intellectual property of SOLitude Lake Management. Recipient may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its attachments without the prior written consent of SOLitude Lake Management. This document is provided to the recipient in good faith and it shall be the responsibility of the recipient to keep the information contained herein confidential. 888.480.LAKE(5253) 1 SOLITUDELAKEMANAGEMENT.COM Services Contract Page 2of3Y' 3. TERM AND EXPIRATION. This Agreement is for an annual management program as described in the Schedule A attached. Any additional services will be provided only upon additional terms as agreed to by the parties in writing. Contract will automatically renew annually at the end of the contract effective date for subsequent one (1) year terms, with a three percent (3%) escalation in the Annual Contract Price each year, under the same terms, specifications, and conditions as set forth by this contract, unless either party gives written notice of cancellation thirty (30) days prior to the termination date of this contract, or subsequent renewal contracts. 4. DISCLAIMER. SOLitude is not responsible for the failure of any treatment, equipment installation, or other work that result from dam or other structural failures, severe weather and storms, flooding, or other acts of God that are outside of the control of SOLitude. Customer understands and acknowledges that there are irrigation restrictions associated with many of the products used to treat lakes and ponds. The customer is responsible for notifying SOLitude in advance of the contract signing and the start of the contract if they utilize any of the water in their lakes or ponds for irrigation purposes. The customer accepts full responsibility for any issues that may arise from the irrigation of turf, ornamentals, trees, crops, or any other plants as a result of treated water being used by the customer for irrigation without the consent or knowledge of SOLitude. Although there is rarely direct fish toxicity with the products used for treatment when applied at the labeled rate, or the installation and normal operation of the equipment we install, there is a risk under certain circumstances of significant dissolved oxygen drops. This risk is most severe in times of extremely hot weather and warm water temperatures, as these are the conditions during which dissolved oxygen levels are naturally at their lowest levels. Often times lakes and ponds will experience natural fish kills under these conditions even if no work is performed. Every effort, to include the method and timing of application, the choice of products and equipment used, and the skill and training of the staff, is made to avoid such problems. However, the customer understands and accepts that there is always a slight risk of the occurrence of adverse conditions outside the control of SOLitude that will result in the death of some fish and other aquatic life. The customer also understands and accepts that similar risks would remain even if no work was performed. The customer agrees to hold SOLitude harmless for any issues with fish or other aquatic life which occur as described above, or are otherwise outside the direct control of the SOLitude, unless there is willful negligence on the part of SOLitude. 5. INSURANCE AND LIMITATION OF LIABILITY. SOLitude will maintain general liability and property damage insurance as necessary given the scope and nature of the Services. The Company will be responsible for those damages, claims, causes of action, injuries or legal costs to the extent of its own direct negligence or misconduct, and then only to an amount not to exceed the annual value of this Agreement. In no event will any party to this Agreement be liable to the other for incidental, consequential or purely economic damages. 6. FORCE MAJEURE. The Company shall not be liable for any delay in performing the Services, nor liable for any failure to provide the Services, due to any cause beyond its reasonable control. 7. ANTI-CORRUPTION AND BRIBERY. Each party represents that neither it nor anyone acting on its behalf has offered, given, requested or accepted any undue financial or other advantage of any kind in entering into this Agreement, and that it will comply with all applicable laws and regulations pertaining to corruption, competition and bribery in carrying out the terms and conditions of this Agreement. Competitively Sensitive & Proprietary Materials—The information contained herein is the intellectual property of SOLitude Lake Management. Recipient may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its attachments without the prior written consent of SOLitude Lake Management. This document is provided to the recipient in good faith and it shall be the responsibility of the recipient to keep the information contained herein confidential. 888.480.LAKE(5253) I SOLITUDELAKEMANAGEMENT.COM Services Contract Page3of3 8. GOVERNING LAW. This Agreement shall be governed and construed in accordance with the laws of the state in which the Services are performed. 9. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties with respect to the subject matter and replaces any prior agreements or understandings, whether in writing or otherwise. This Agreement may not be modified or amended except by written agreement executed by both parties. In the event that any provision of this Agreement is determined to be void, invalid, or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected. 10. NOTICE. Any written notice provided under this Agreement may be sent via overnight mail, certified mail, hand delivery or electronic mail with delivery confirmation, to the individuals and addresses listed below. 11. BINDING. This Agreement shall inure to the benefit of and be binding upon the legal representatives and successors of the parties. ACCEPTED AND APPROVED: SOLITUDE LAKE MANAGEMENT, LLC. Customer: Naples Heritage CDD By: By: Name: Name: Title: Title: Date: Date: Please Remit All Payments to: Customer's Address for Notice Purposes: 1320 Brookwood Drive Suite H Little Rock AR 72202 Please Mail All Contracts to: 2844 Crusader Circle, Suite 450 Virginia Beach, VA 23453 Competitively Sensitive & Proprietary Materials—The information contained herein is the intellectual property of SOLitude Lake Management. Recipient may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its attachments without the prior written consent of SOLitude Lake Management. This document is provided to the recipient in good faith and it shall be the responsibility of the recipient to keep the information contained herein confidential. 888.480.LAKE(5253) I SOLITUDELAKEMANAGEMENT.COM • s• . LITUDE LAKE MANAGEMENT SCHEDULE A - FOUNTAIN MAINTENANCE CONTRACT Fountain Maintenance Service: 1. Contractor will service the fountain four(4)times per year on a once per quarter basis as follows: Perform Amp test on the motor to verify appropriate amp load. Check incoming and outgoing Voltage. Test Motor GFCI Protection Breaker. Test Contactor(starter). Test motor overload protection to make sure it is set and functioning properly. Check fuses. Make sure all wires, breakers, and other electronic parts are securely attached Check timer and set as needed. Test Lighting GFCI breaker in the control panel to make sure it is operating properly. Check lighting timer and set as needed. 2. If the fountain or lights are not visibly operating properly, or malfunctioning in any way as determined by the diagnostic checks specified above, the contractor will further perform the following: Perform ohm test to cable to test for any shorts or resistance in the power cable between the ccntrol panel and the motor. Inspect motor shaft to make sure it is not bent and that it is turning smoothly and quietly. Inspect propeller or impeller(depending on what type unit) and diffuser plate (if present) to make sure they are tightly attached and not bent or damaged in any way. Clean fountain's debris screen nozzle,shaft, and pump chamber ensure proper water flow. Clean all lighting lens covers. Check each light and replace lamps that have burnt out. Replace any seals on light housing which are leaking. 3. All replacement parts required for proper maintenance of the fountains and the additional labor required to replace these parts as needed will be billed as an additional charge Competitively Sensitive & Proprietary Materials The information contained herein is the intellectual property of SOLitude Lake Management. Recipient may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its attachments without the prior written consent of SOLitude Lake Management. This document is provided to the recipient in good faith and it shall be the responsibility of the recipient to keep the information contained herein confidential. 2844 CRUSADER CIRCLE,STE 450,VIRGINIA BEACH,VA 23453 I 888.480.LAKE(5253) I SOLITUDELAKEMANAGEMENT.COM Annual Fountain Maintenance Services Page 2 of 3 4. All lights, seals, other replacement parts, and labor required for light replacements will be billed as an additional charge. 5. All necessary repairs (parts & labor) covered by warranty will be performed at no additional charge to the client. 6. Any significant problems or malfunctions that are discovered during the maintenance service that are nct able to be repaired during that service, which are no longer under warranty, and that will require significant additional labor and/or parts,will be written up and submitted to the client for his/her approval prior to proceeding with the work. Service Reporting: 1. Client will be provided with a quarterly service report detailing all of the work performed as part of this contract. General: 1. Company is a licensed pesticide applicator in the state in which service is to be provided. 2. Individual Applicators are Certified Pesticide Applicators in Aquatics, Public Health, Forestry, Right of Way, and Turf/Ornamental as required in the state in which service is to be provided. 3. Contractor is a SeF RO Preferred Applicator and dedicated Steward of Water. Each individual applicator has been trained and educated in the water quality testing and analysis required for site specific water quality management prescriptions, and utilizes an integrated approach that encompasses all aspects of ecologically balanced management. Each applicator has received extensive training in the proper selection, use, and application of all aquatic herbicides, algaecides, adjuvants, and water quality enhancement products necessary to properly treat our clients' lakes and ponds as part of an overall integrated pest management program. 4. Company guarantees that all products used for treatment are EPA registered and labeled as appropriate and safe for use in lakes, ponds, and other aquatic sites, and are being applied in a manner consistent with their labeling. 5. All pesticide applications made directly to the water or along the shoreline for the control of algae, aquatic weeds,or other aquatic pests as specified in this contract will meet or exceed all of the Company's legal regulatory requirements as set forth by the EPA and related state agencies for NPDES and FIFRA. Company will perform treatments that are consistent with NPDES compliance standards as applicable in and determined by the specific state in which treatments are made...All staff will be fully trained to perform all applications in compliance with all federal, state, and local law. Competitively Sensitive & Proprietary Materials- The information contained herein is the intellectual property of SOLitude Lake Management. Recipient may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its attachments without the prior written consent of SOLitude Lake Management. This document is provided to the recipient in good faith and it shall be the responsibility of the recipient to keep the information contained herein confidential. 2844 CRUSADER CIRCLE,STE 450,VIRGINIA BEACH,VA 23453 1888.480.LAKE(5253) I SOLITUDELAKEMANAGEMENT.COM Annual Fountain Maintenance Services Page 3 of 3 • 6. Company will continue to maintain all appropriate training and licensing necessary to perform all specified work in a safe and legal manner throughout the entire contract period. 7. Company will furnish personnel, equipment, boats, materials, and other items required to provide the foregoing at his expense. Competitively Sensitive & Proprietary Materials -The information contained herein is the intellectual property of SOLitude Lake Management. Recipient may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its attachments without the prior written consent of SOLitude Lake Management. This document is provided to the recipient in good faith and it shall be the responsibility of the recipient to keep the information contained herein confidential. 2844 CRUSADER CIRCLE,STE 450,VIRGINIA BEACH,VA 23453 1888.480.LAKE(5253) I SOLITUDELAKEMANAGEMENT.COM SOLITUDE LAKE MANAGEMENT . . SCHEDULE B - AERATOR MAINTENANCE CONTRACT Submersed Air Diffuser Aeration System Maintenance: 1. Contractor will service all of the Diffused Aeration Systems two (2)times per year on a semiannual basis as follows: Compressor will be tested to ensure proper operation. Cabinet Cooling Exhaust Fan will be checked to ensure proper operation. Compressor Carbon Vanes and Seals will be changed annually or as needed. Compressor Air Filter/ Muffler Assembly will be checked, cleaned, and replaced as needed. Apply Max air pressure and adjust each diffuser for proper airflow and performance. 2. All necessary repairs (parts & labor) covered by warranty will be performed at no additional charge to the client. 3. All replacement parts required for proper maintenance of the aeration systems will be billed as an additional charge. 4. Any significant problems / malfunctions that are discovered during the maintenance service which are no longer under warranty, which are not part of routine maintenance, and that will require additional labor and/or parts, will be written up and submitted to the client for his / her approval prior to proceeding with the work. Service Reporting: T. Client will be provided with a semiannual service report detailing all of the work performed as part of this contract. General: 1. Company is a licensed pesticide applicator in the state in which service is to be provided. 2. Individual Applicators are Certified Pesticide Applicators in Aquatics, Public Health, Forestry, Right of Way, and Turf/Ornamental as required in the state in which service is to be provided. 3. Contractor is a SePRO Preferred Applicator and dedicated Steward of Water. Each individual applicator has been trained and educated in the water quality testing and analysis required for site specific water quality management prescriptions, and utilizes an integrated approach that encompasses all aspects of ecologically balanced management. Each applicator has received extensive training in the proper selection, use, and application of all aquatic herbicides, algaecides, adjuvants, and water Annual Aerator Maintenance Services Page2of2 quality enhancement products necessary to properly treat our clients' lakes and ponds as part of an overall integrated pest management program. 4. Company guarantees that all products used for treatment are EPA registered and labeled as appropriate and safe for use in lakes, ponds, and other aquatic sites, and are being applied in a manner consistent with their labeling. 5. All pesticide applications made directly to the water or along the shoreline for the control of algae, aquatic weeds, or other aquatic pests as specified in this contract will meet or exceed all of the Company's legal regulatory requirements as set forth by the EPA and related state agencies for NPDES and FIFRA. Company will perform treatments that are consistent with NPDES compliance standards as applicable in and determined by the specific state in which treatments are made. All staff will be fully trained to perform all applications in compliance with all federal, state, and local law. 6. Company will continue to maintain all appropriate training and licensing necessary to perform all specified work in a safe and legal manner throughout the entire contract period. 7. Company will furnish personnel, equipment, boats, materials, and other items required to provide the foregoing at his expense. Competitively Sensitive & Proprietary Materials—The information contained herein is the intellectual property of SOLitude Lake Management. Recipient may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its attachments without the prior written consent of SOLitude Lake Management. This document is provided to the recipient in good faith and it shall be the responsibility of the recipient to keep the information contained herein confidential. 2844 CRUSADER CIRCLE, STE 450,VIRGINIA BEACH,VA 23453 { 888.480.LAKE(5253) { SOLITUDELAKEMANAGEMENT.COM Notice of Meetings Naples Heritage Community Development District The Board of Supervisors of the Naples Heritage Community Development District will hold their meetings for Fiscal Year 2022 at the Naples Heritage Golf and Country Club Clubhouse, 8150 Heritage Club Way,Naples, Florida at 9:00 a.m. as follows: November 2, 2021 January 4, 2022 March 1, 2022 April 5, 2022 May 3, 2022 These meetings are open to the public and will be conducted in accordance with the provision of Florida Law for Community Development Districts. There may be occasions when one or more Supervisors will participate by telephone. These meetings may be continued to a date, time, and place to be specified on the record at the meeting. Future meetings will be separately published at least seven days prior with the date, time and location. Additionally, interested parties may refer to the District's website for the latest information: https://www.naplesheritagecdd.com. Any person requiring special accommodations at these meetings because of a disability or physical impairment should contact the District Manager's Office at least forty-eight (48) hours prior to the meeting. If you are hearing or speech impaired, please contact the Florida Relay Service by dialing 7-1-1, or 1-800-955-8771 (TTY) / 1-800-955-8770 (Voice), for aid in contacting the District Manager's Office. Each person who decides to appeal any action taken at these meetings is advised that person will need a record of the proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which such appeal is to be based. Justin Faircloth District Manager NAPLES HERITAGE Community Development District Financial Report January 31, 2021 Prepared by 6INFRAMARK INFRASTRUCTURE MANAGEMENT SERVICES 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 2-3 SUPPORTING SCHEDULES Non-Ad Valorem Special Assessments Page 4 Cash and Investment Balances Page 5 Check Register Page 6 NAPLES HERITAGE Community Development District Financial Statements (Unaudited) January 31, 2021 NAPLES HERITAGE Community Development District General Fund Balance Sheet January 31, 2021 ACCOUNT DESCRIPTION TOTAL ASSETS Cash-Checking Account $ 108,356 Investments: Money Market Account 7,259 Deposits 560 TOTAL ASSETS $ 116,175 LIABILITIES Accounts Payable $ 2,276 Accrued Expenses 470 TOTAL LIABILITIES 2,746 FUND BALANCES Nonspendable: Deposits 560 Assigned to: Operating Reserves 9,208 Reserves-Fountains 600 Reserves-Road and Lakes 30,345 Unassigned: 72,716 TOTAL FUND BALANCES $ 113,429 TOTAL LIABILITIES 8 FUND BALANCES $ 116,175 Page 1 NAPLES HERITAGE Community Development District General Fund Statement of Revenues, Expenditures and Changes in Fund Balances For the Period Ending January 31, 2021 ANNUAL YTD ACTUAL ADOPTED YEAR TO DATE YEAR TO DATE VARIANCE($) AS A%OF JAN-21 JAN-21 ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) ADOPTED BUD BUDGET ACTUAL REVENUES Interest-Investments $ 240 $ 80 $ 65 $ (15) 27.08% $ 20 $ 23 Interest-Tax Collector - - 10 10 0.00% - 10 Special Assmnts-Tax Collector 119,851 110,883 110,967 84 92.59% 8,880 6,862 Special Assmnts-Discounts (4,794) (4,615) (4,321) 294 90.13% (1,012) (186) TOTAL REVENUES 115,297 106,348 106,721 373 92.56% 7,888 6,709 EXPENDITURES Administration P/R-Board of Supervisors 5,000 2,000 2,000 - 40.00% 1,000 1,000 FICA Taxes 383 153 153 - 39.95% 77 77 ProfServ-Engineering 2,000 - - - 0.00% - - ProfServ-Field Management 844 313 313 - 37.09% 156 156 ProfServ-Legal Services 3,500 559 559 - 15.97% - - ProfServ-Mgmt Consulting Sery 23,283 7,761 7,761 - 33.33% 1,940 1,940 ProfServ-Property Appraiser 1,798 1,798 1,798 - 100.00% - - ProfServ-Web Site Maintenance 674 225 225 - 33.38% 56 56 Auditing Services 3,000 - - - 0.00% - - Postage and Freight 750 250 221 29 29.47% 63 92 Insurance-General Liability 7,747 7,747 7,747 - 100.00% - - Printing and Binding 900 300 119 181 13.22% 75 119 Legal Advertising 2,400 1,008 1,008 - 42.00% - - Misc-Bank Charges 546 - - - 0.00% - - Misc-Assessmnt Collection Cost 2,397 2,218 2,133 85 88.99% 178 134 Misc-Contingency 376 - - - 0.00% - - Misc-Web Hosting 1,850 400 554 (154) 29.95% - - Office Expense 250 - - - 0.00% - - Annual District Filing Fee 175 175 175 100.00% - - Total Administration 57,873 24,907 24,766 141 42.79% 3,545 3,574 Field Contracts-Fountain 716 358 358 - 50.00% 179 179 Contracts-Aerator Maintenance 2,350 382 382 - 16.26% 382 382 Electricity-Aerator 5,340 1,780 1,891 (111) 35.41% 445 472 R&M-Fence 480 - - - 0.00% - - Misc-Contingency 20,998 592 592 - 2.82% - - Cap Outlay-Fence - - 8,765 (8,765) 0.00% - - Total Field 29,884 3,112 11,988 (8,876) 40.12% 1,006 1,033 Reserves Reserve-Fountain 200 - - - 0.00% - - Reserve-Roads and Lakes 27,340 - - - 0.00% - - Total Reserves 27,540 - - - 0.00% - - TOTAL EXPENDITURES&RESERVES 115,297 28,019 36,754 (8,735) 31.88% 4,551 4,607 Page 2 NAPLES HERITAGE Community Development District General Fund Statement of Revenues, Expenditures and Changes in Fund Balances For the Period Ending January 31, 2021 ANNUAL YTD ACTUAL ADOPTED YEAR TO DATE YEAR TO DATE VARIANCE($) AS A%OF JAN-21 JAN-21 ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) ADOPTED BUD BUDGET ACTUAL Excess(deficiency)of revenues Over(under)expenditures - 78,329 69,967 (8,362) 0.00% 3,337 2,102 Net change in fund balance $ - $ 78,329 $ 69,967 $ (8,362) 0.00% $ 3,337 $ 2,102 FUND BALANCE,BEGINNING(OCT 1,2020) 43,462 43,462 43,462 FUND BALANCE,ENDING $ 43,462 $ 121,791 $ 113,429 Page 3 NAPLES HERITAGE Community Development District Supporting Schedules January 31, 2021 NAPLES HERITAGE Community Development District Non-Ad Valorem Special Assessments -Collier County Tax Collector Monthly Collection Distributions For the Fiscal Year Ending September 30, 2021 Discount/ Gross Date Net Amount (Penalties) Collection Amount Received Received Amount Costs Received Assessments Levied $ 119,850 Allocation % 100% 10/29/20 $ 600 $ 34 $ 12 $ 646 11/16/20 423 18 9 450 11/20/20 30,623 1,302 625 32,550 11/27/20 18,628 792 380 19,800 12/10/20 44,354 1,879 905 47,138 12/22/20 3,343 109 68 3,521 01/22/21 6,542 186 134 6,862 TOTAL $ 104,513 $ 4,320 $ 2,133 $ 110,968 % COLLECTED 92.6% TOTAL OUTSTANDING $ 8,882 Page 4 NAPLES HERITAGE Community Development District Cash and Investment Balances January 31, 2021 ACCOUNT NAME BANK NAME YIELD MATURITY BALANCE GENERAL FUND Checking Account-Operating Valley National 0.25% N/A 108,356 Money Market Account BankUnited 0.25% N/A 7,259 Total $ 115,615 Page 5 O us(LO CD NCO C) U7 CO O CD V N N- N h N O CD CD CD CD n N. 7 V LO N N CD S V N V O O O W VIIO N- m CV N- n r r co N O 6 6 CO 6 m M m tT N co N CD N N N Ti Ti Ti V Ti TiV a) O m M V Ln EA O CO ER V. 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O\\\\\ 0 W 'l /y Q O O O O O O N O O IX Z O O O O O O O O 0 0 0 0 0 O O O O O O O O O W Z . Z N CO CO CO CO CON CV CV V V CO LO LIL Vf)LO LLc)LO LO lO 0) CD U LLJ N N N N N ( a- N .N- W C CI) V Ln N Ln lD lD lD lD lf)Ln lf7 Ln Ln ❑ LO LO LO ❑ ciao° O O J E Q- W d E v a C o W o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U w z W O O O O O O O O O O O O O O O O O O O O O O E-Verif Y Company ID Number: THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security (OHS) and the (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E-Verify. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of Form 1-9, Employment Eligibility Verification (Form 1- 9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the Social Security Administration (SSA), and DHS. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: a. Notice of E-Verify Participation b. Notice of Right to Work 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives' contact information changes. 3. The Employer agrees to grant E-Verify access only to current employees who need E- Verify access. Employers must promptly terminate an employee's E-Verify access if the Page 1 of 13 E-Verify MOU for Web Services Employers I Revision Date 06/01/13 employee is separated from the company or no longer needs access to E-Verify. 4. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. 5. The Employer agrees that any Employer Representative who will create E-Verify cases will complete the E-Verify Tutorial before that individual creates any cases. a. The Employer agrees that all Employer representatives will take the refresher tutorials when prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial will prevent the Employer Representative from continued use of E-Verify. 6. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions: a. If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form 1-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218. b. If an employee presents a DHS Form 1-551 (Permanent Resident Card), Form 1-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form 1-9. 7. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form 1-9. 8. The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form 1-9 procedures. a. The following modified requirements are the only exceptions to an Employer's obligation to not employ unauthorized workers and comply with the anti- discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2)When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify OHS of continued employment Page 2 of 13 E-Verify MOU for Web Services Employers I Revision Date 06/01/13 following a final nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b. DHS reserves the right to conduct Form 1-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. 9. The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form 1-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form 1-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. 10.The Employer agrees not to use E-Verify for pre-employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 11.The Employer must use E-Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article 11.6 of this MOU. 12.The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article 111.8. below) to contact DHS with information necessary to resolve the challenge. 13.The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(I)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee Page 3 of 13 E-Verify MOU for Web Services Employers I Revision Date 06/01/13 may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464-4218 (customer service) or 1-888-897-7781 (worker hotline). 14.The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA as applicable by not discriminating unlawfully against any individual in hiring, firing, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices. The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative nonconfirmations. The Employer further understands that any violation of the immigration-related unfair employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti-discrimination provision, it should contact the Immigrant and Employee Rights Section, Civil Rights Division, U.S. Department of Justice at 1-800-255-8155 or 1-800-237-2515 (TTY) or go to https://www.justice.gov/ier. 15.The Employer agrees that it will use the information it receives from E-Verify only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employers responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 16.The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888- 464-4218 or via email at E-Verifydhs.ciov. Please use "Privacy Incident— Password" in the subject line of your email when sending a breach report to E-Verify. 17.The Employer acknowledges that the information it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(1)(1 ) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 18.The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, which includes permitting OHS, SSA, their contractors and Page 4 of 13 E-Verify MOU for Web Services Employers I Revision Date 06/01/13 other agents, upon reasonable notice, to review Forms 1-9 and other employment records and to interview it and its employees regarding the Employer's use of E- Verify, and to respond in a prompt and accurate manner to DHS requests for information relating to their participation in E-Verify. 19. The Employer shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its services as federally-approved, federally- certified, or federally-recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E- Verify endorses or authorizes your E-Verify services and any claim to that effect is false. 20. The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 21. The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer's services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 22. The Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. B. RESPONSIBILITIES OF FEDERAL CONTRACTORS 1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors. 2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any "employee assigned to the contract" (as defined in FAR 22.1801). Once an employee has been verified through E-Verify by the Employer, the Employer may not create a second case for the employee through E-Verify. a.An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E-Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. b.Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to begin verification of employment Page 5 of 13 E-Verify MOU for Web Services Employers I Revision Date 06/01/13 eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within three business days after the date of hire. An Employer enrolled as a Federal contractor in E- Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), state or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. d. Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to verify existing staff following DHS procedures and begin E-Verify verification of all existing employees within 180 days after the election. e. The Employer may use a previously completed Form 1-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: i. That Form 1-9 is complete (including the SSN) and complies with Article II.A.6, H. The employee's work authorization has not expired, and iii. The Employer has reviewed the Form 1-9 information either in person or in communications with the employee to ensure that the employee's Section 1, Form 1-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). f. The Employer shall complete a new Form 1-9 consistent with Article H.A.6 or update the previous Form 1-9 to provide the necessary information if: i. The Employer cannot determine that Form 1-9 complies with Article I I.A.6, H. The employee's basis for work authorization as attested in Section 1 has expired or changed, or Hi. The Form 1-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form 1-9 is otherwise valid and up-to-date and the form otherwise complies with Article 11.C.5, but reflects documentation (such as a U.S. passport or Form 1-551)that expired after completing Form 1-9, the Employer shall Page 6 of 13 E-Verify MOU for Web Services Employers I Revision Date 06/01/13 not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. g. The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article. 3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. C. RESPONSIBILITIES OF SSA 1.SSA agrees to allow DHS to compare data provided by the Employer against SSA's database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA's database. 2.SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 3.SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the Employer. 4.SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight-day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the employer. Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218. D. RESPONSIBILITIES OF DHS 1. DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer to conduct, to the extent authorized by this MOU: a.Automated verification checks on alien employees by electronic means, and b.Photo verification checks (when available) on employees. Page 7 of 13 E-Verify MOU for Web Services Employers I Revision Date 06/01/13 2.DHS agrees to assist the Employer with operational problems associated with the Employer's participation in E-Verify. OHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3.DHS agrees to provide to the Employer with access to E-Verify training materials as well as an E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for both SSA and DHS, including restrictions on the use of E-Verify. 4.DHS agrees to train Employers on all important changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials. 5.DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in E-Verify. OHS also agrees to provide to the Employer anti-discrimination notices issued by the Immigrant and Employee Rights Section, Civil Rights Division, U.S. Department of Justice. 6.OHS agrees to issue each of the Employer's E-Verify users a unique user identification number and password that permits them to log in to E-Verify. 7.OHS agrees to safeguard the information the Employer provides, and to limit access to such information to individuals responsible for the verification process, for evaluation of E-Verify, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal criminal laws, and to administer Federal contracting requirements. 8.DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 9.DHS agrees to provide a means of secondary verification (including updating OHS records)for employees who contest OHS tentative nonconfirmations and photo mismatch tentative nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless OHS determines that more than 10 days may be necessary. In such cases, OHS will provide additional verification instructions. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of Page 8 of 13 E-Verify MOU for Web Services Employers I Revision Date 06/01/13 the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed by E-Verify. The Employer must record the case verification number, review the employee information submitted to E-Verify to identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests, to SSA for verification again if this review indicates a need to do so. 4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. 6. The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database (the Numident) or other written verification of the SSN from the SSA. B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the employee to contact DHS through its toll-free hotline (as found on the referral letter) within eight Federal Government work days. 5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee's Form 1-551, Form 1-766, U.S. Passport, or passport card to DHS for review by: Page 9 of 13 E-Verify MOU for Web Services Employers I Revision Date 06/01/13 a.Scanning and uploading the document, or b.Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7.The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee's documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. 8.DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 9.While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES 1. SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an Employer will need a personal computer with Internet access. ARTICLE V MODIFICATION AND TERMINATION A. MODIFICATION 1.This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and OHS operates the E-Verify program unless modified in writing by the mutual consent of all parties. 2.Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. B. TERMINATION 1.The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties. 2.Notwithstanding Article V, part A of this MOU, OHS may terminate this MOU, and thereby the Employer's participation in E-Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or OHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established E-Verify procedures and/or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the Page 10 of 13 E-Verify MOU for Web Services Employers Revision Date 06/01/13 performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state where E-Verify is mandatory, termination of this by any party MOU may negatively affect the Employer's business. 3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such cases, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this MOU that apply to non-Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. 4. The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer is terminated from E-Verify. ARTICLE VI PARTIES A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. C. The Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any pad of its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. E. The Employer understands that its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). F.The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Employer, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or suspension. G. The foregoing constitutes the full agreement on this subject between OHS and the Page 11 of 13 E-Verify MOU for Web Services Employers I Revision Date 06/01/13 Employer. To be accepted as an E-Verify participant, you should only sign the Employer's Section of the signature page. If you have any questions, contact E-Verify at 1- 888464-4218. Approved by: E-Verify Employer Name (Please Type or Print) Title Signature Date Department of Homeland Security—Verification Division Name (Please Type or Print) Title Signature Date Information Required for E-Verify Information relating to your Company: Company Name: Company Facility Address: Company Alternate Address: County or Parish: Page 12 of 13 E-Verify MOU for Web Services Employers I Revision Date 06/01/13 Employer Identification Number: North American Industry Classification Systems Code: Parent Company: Number of Employees: Number of Sites Verified for: Are you verifying for more than one site? If yes, please provide the number of sites verified for in each State: State Number of Site(s) sites Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name: Telephone Number: Fax Number: E-mail Address: -- Name: Telephone Number: Fax Number: E-mail Address: L Page 13 of 13 E-Verify MOU for Web Services Employers I Revision Date 06/01/13