Naples Heritage Agenda 11/05/2024 Naples Heritage Community Development District
Board of Supervisors District Staff
Kenneth Gaynor, Chairperson Justin Faircloth, District Manager
Vacant, Vice Chairperson Gregory Urbancic, District Counsel
Georgiann Schulte, Supervisor Terry Cole, District Engineer
Philip Smith, Assistant Secretary
Gordon Mettam, Assistant Secretary
Revised Meeting Agenda
Tuesday,November 5, 2024—9:00 a.m.
1. Roll Call
2. Approval of Agenda
3. Public Comment on Agenda Items
4. Organizational Matters
A. Acceptance of Resignation of Gerald James and Declaration of Seat 4 Vacant
B. Consideration of Supervisor to Fill Vacant Term Seat 4
C. Oath of Office for Newly Appointed Supervisor
D. Consideration of Resolution 2025-01 - Election of Officers
5. Attorney's Report
A. Goals & Objectives Draft Memo Discussion
6. New Business
A. Parcel Use Discussion
B. Collier County Discussion—Stoneybrook Drive/Tract J4 Inquiry
C. Collier County Right of Entry—Debris Collection Agreement
D. Lake 15/Hole#13 —Aeration Discussion
i. Bentley Electric Surge Protection Proposal 24-458
7. Old Business
A. Club Updates
i. Colonial Court Melaleuca Removal
ii. Colonial Court Fence Installation
B. FY 2025 Lake Bank Restoration Discussion
C. Colonial Court West Preserve Planting Discussion
8. Consent Agenda
A. Approval of Minutes of the May 7, 2024 Meeting
B. Acceptance of Financial Report as of September 30, 2024
C. Acceptance of FY2023 Audit
D. Expenses Approved Under Resolution 2021-01
i. Aeration Installation by SOLitude Lake Management
ii. SOLitude Aeration Installation Lake 15
iii. SOLitude Quote 00009169 Lake 3 Aeration Compressor Replacement
iv. C&M Paving Proposal for Naples Heritage Golf & Country Club —
Concrete Gutters & Asphalt Repairs
E. FY 2024 Insurance Renewal
District Office: Meeting Location:
Inframark,Community Management Services Naples Heritage Golf&Country Club Clubhouse
210 North University Drive,Suite 702 8150 Heritage Club Way
Coral Springs,Florida 33071 Naples,Florida 34112
954-603-0033 239-417-2555
www.naplesheritagecdd.com
Naples Heritage CDD
November 5,2024 Meeting
Page 2
9. District Manager's Report
A. Assignment of Fund Balance
B. Presentation of 2nd and 3rd Quarter Website Audit Compliance Reports
C. SOLitude Lake Management Service Reports
D. Follow-up Items
i. FY2024 Audit Engagement Letter Update
10. Engineer's Report
A. SFWMD Individual Environmental Resource Permit#11-109069-P for Nature
Trail
11. Supervisor Comments
A. Supervisor Gaynor
B. Supervisor Schulte
C. Supervisor Mettam
D. Supervisor Smith
E. Supervisor Seat 4
12. Audience Comments
13. Adjournment
The next meeting is scheduled for Tuesday, January 7, 2025 at 9:00 a.m.
District Office: Meeting Location:
Inframark,Community Management Services Naples Heritage Golf&Country Club Clubhouse
210 North University Drive,Suite 702 8150 Heritage Club Way
Coral Springs,Florida 33071 Naples,Florida 34112
954-603-0033 239-417-2555
www.naolesheritagecdd.com
* LocaliQ
Florida PO Box 631244 Cincinnati,OH 45263-1244
GANNETT
Notice of Updated Regular Meeting
AFFIDAVIT OF PUBLICATION Schedule
Naples Heritage Community
Development District
The Board of Supervisors of the
Naples Heritage Community Naples Heritage Community Devel-
c/o Inframark opment District will hold their meet-
ings for Fiscal Year 2024/2025 at the
Naples Heritage Cdd Naples Heritage Golf and Country
Club Clubhouse,8150 Heritage Club
210 N University DR#702 Way,Naples,Florida at 9:00 a.m.as
Coral Springs FL 33071-7320 follows: November 5,2024
January 7,2025
March 4,2025(FY 2026 Budget
Approval)
25
STATE OF WISCONSIN,COUNTY OF BROWN May 6,2025 I(Fl Y 2026 Budget
Adoption)
The meetings are open to the public
and will be conducted in accordance
Before the undersigned authority personally appeared,who with the provision of Florida Law
for Community Development
on oath says that he or she is the Legal Advertising Districts. There may be occasions
when one or more Supervisors may
Representative of the Naples Daily News, a newspaper Participate via phone. Any inter-
ested person can attend the meeting
published in Collier County, Florida;that the attached copy at the above location and be fully
informed of the discussions taking
of advertisement, being a Legal Ad in the matter of Public place.Meetings may be continued to
a date,time and location to be speci-
fiedNotices,waspublished on the publiclyaccessible website of on the record at the meetings
without additional publication of
notice.
Collier and Lee Counties, Florida,or in a newspaper by print A copy of the agenda for these meet-
ings may be obtained from the
in the issues of, on: District Manager's Office,210 North
University Drive, Suite 702, Coral
Springs, Florida 33071, (954) 603-
0033, or by visiting the District's
10/12/2024 website at
www.naplesheritagecdd.com. Addi-
tionally, interested parties may
refer to the District's website for the
Affiant further says that the website or newspaper com lies latest District information.
YP Pursuant to the provisions of the
with all legal requirements for publication in chapter 50, person Americans withspecial
e s Aot,any
person requiring special accommo-
dations at these meetings because of
Florida Statutes. a disability or physical Impairment
should contact the District
Subscribed and sworn to before me, by the legal clerk,who Manager's Office at least forty-eight
(48) hours prior to the meeting. If
is personally known to me,on 10/12/2024 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.
l.cg ll(re1'k Each person who decides to appeal
any action taken at these meetings
Is advised that person will need a
tot
recordc of the,t proceedingsrsoand that
Notary.S ate o ttUtlly tot n accordingly,the person may need to
ry ensure that a verbatim record of the
proceedings is made, including the
testimony and evidence upon which
,5/0-a-7 such appeal is to be based.
Justin Faircloth District Manager
10/12/24 N10667100
My commission expires
Publication Cost: $276.40
Tax Amount: $0.00
Payment Cost: $276.40
Order No: 10667100 #of Copies:
Customer No: 1125653 1
PO#:
THIS IS NOT AN INVOICE!
Please do not use this form for payment remittance.
NANCY HEYRMAN
Notary Public
State of Wisconsin
Page 1 of 1
April 4, 2024
Justin Faircloth
Inframark Management
210 North University Drive
Suite 702
Coral Springs, Florida
33071
Dear Justin,
I hereby tender my resignation for the position of
Supervisor, Seat 4, Naples Heritage Community
Development District. Termination will begin on May 11,
2024.
//
(.,2-i-64-(- -
11
Gerald G. James P.S.
(I have held this position for over 20 years, and I
relinquish my seat to be filled by another Naples
Heritage G. & C. C. resident.)
NEW SUPERVISOR INFORMATION SHEET
PLEASE RETURN COMPLETED FORM TO RECORDING
SECRETARY:
Inframark
210 North University Drive
Suite 702
Coral Springs, Florida 33071
COD:
NAME:
ADDRESS:
COUNTY OF RESIDENCE: C o\--`-\ Ctz-
PHONE: sc6 c) 2`-L\'b
FAX:
CELL: S�.c- -
F'.ki All. AnilRFSS- C'��v.V.EtQSy'1(a cti,v, Cs)tc"-
OATH OF OFFICE
(Art. II. § 5(b), Fla. Const.)
STATE OF FLORIDA
Collier
County of
I do solemnly swear (or affirm) that I will support, protect, and defend the Constitution and
i 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 Community Development District Seat 7- a,t, ,._.1.4f 0�..
(Full Name of Office-Abbreviations Not Accepted)
on which I am now about to enter, so help me God.
[NOTE: If you affirm,you may omit the words "so help me God."See § 92.52, Fla. Stat.]
ce4, • \L\k\\J`'‘'\ke-P
Signature ` .
(Affix Seal Below) Sworn to and subscribed before me by means of I physical presence
Or online notarization this day of //,vvwr if•-/' , 20 2-"1 .
61—
ature o Officer Administering Oath or of Notary Public
cl;S fits irlr --
Print, Type, or Stamp Commissioned Name of Notwy Public
Personally Known O or Produced Identification 1_J
$"A": •: JUSTwLFAIRCLOTH
,. ;41 tly catkaSsiow t NN E,: Type of Identification Produced /i',' (-.`u?- . .
13:, 7.c�; EXPIRES:Mwch 1,202;
.•.!g.. ;
ACCEPTANCE
I accept the office listed in the above Oath of Office.
Mailing Address: Home JE Office 0
r`1SC3 kU '-‘--E.'9 irl&IztC spa apoRy tom.\..l & - .3
Street or Post Office Box Print Name
SzkCk:S, Fes_ 3`1.1.t2
City,State,Zip Code Signature „�—
DS-DE 56(Rev.09/23)
RESOLUTION 2025-01
A RESOLUTION OF THE NAPLES HERITAGE
COMMUNITY DEVELOPMENT DISTRICT ELECTING
OFFICERS OF THE BOARD OF SUPERVISORS
WHEREAS, the Board of Supervisors of the Naples Heritage Community Development
District at a regular business meeting, held on November 5,2024,desires to elect the below recited
persons to the offices specified.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD
OF SUPERVISORS OF THE NAPLES HERITAGE
COMMUNITY DEVELOPMENT DISTRICT:
The following persons were elected to the offices shown, to wit:
.41,2t..0 44.- Chairperson
o/40 4e f���-..L Vice Chairperson
Justin Faircloth Secretary
Leah Popelka Treasurer
Angel Montagna Assistant Treasurer
!ter' e S Assistant Secretary
6'�a�" %.e..� sc � _ Assistant Secretary
/14,11 S , Assistant Secretary
PASSED AND ADOPTED THIS, 5 DAY OF NOVEMBER, 2024.
J` ,.�
Chairperson
stin Faircloth
ecretary
6INFRAMARK
COMMUNITY MANAGEMENT
Memorandum
To: Board of Supervisors
From: District Management
Date: 11/5/24
RE: HB7013 —Special Districts Performance Measures and Standards
To enhance accountability and transparency, new regulations were established for all special
districts, by the Florida Legislature, during its 2024 legislative session. Starting on October 1,
2024, or by the end of the first full fiscal year after its creation (whichever comes later), each
special district must establish goals and objectives for each program and activity,as well as develop
performance measures and standards to assess the achievement of these goals and objectives.
Additionally, by December 1 each year (initial report due on December 1, 2025), each special
district is required to publish an annual report on its website, detailing the goals and objectives
achieved,the performance measures and standards used, and any goals or objectives that were not
achieved.
District Management has identified the following key categories to focus on for Fiscal Year 2025
and develop statutorily compliant goals for each:
• Community Communication and Engagement
• Infrastructure and Facilities Maintenance
• Financial Transparency and Accountability
Additionally, special districts must provide an annual reporting form to share with the public that
reflects whether the goals and objectives were met for the year. District Management has
streamlined these requirements into a single document that meets both the statutory requirements
for goal/objective setting and annual reporting.
The proposed goals/objectives and the annual reporting form are attached as Exhibit A to this
memo. District Management recommends that the Board of Supervisors adopt these goals and
objectives to maintain compliance with HB7013 and further enhance its commitment to the
accountability and transparency of the District.
Exhibit A:
Goals, Objectives, and Annual Reporting Form
Naples Heritage Community Development District ("District")
Performance Measures/Standards &Annual Reporting Form
October 1,2024—September 30,2025
1. Community Communication and Engagement
Goal 1.1: Public Meetings Compliance
Objective: Hold at least two regular Board of Supervisor("Board") meetings per year to
conduct District-related business and discuss community needs.
Measurement: Number of public Board meetings held annually as evidenced by meeting
minutes and legal advertisements.
Standard:A minimum of two Board meetings were held during the fiscal year.
Achieved: Yes ❑No ❑
Goal 1.2: Notice of Meetings Compliance
Objective: Provide public notice of each meeting in accordance with Florida Statutes,
using at least two communication methods.
Measurement: Timeliness and method of meeting notices as evidenced by posting to
the District's website and publishing in a local newspaper of general circulation.
Standard: 100%of meetings were advertised in accordance with Florida Statutes on at
least two mediums (e.g., newspaper and District website).
Achieved: Yes ❑ No ❑
Goal 1.3:Access to Records Compliance
Objective: Ensure that meeting minutes and other public records are readily available
and accessible to the public pursuant to applicable law by completing quarterly District
website checks.
Measurement: Quarterly website reviews will be completed to ensure public records are
up to date as evidenced by District Management's records.
Standard: 100%of quarterly website checks were completed by District Management or
third party vendor.
Achieved: Yes ❑No ❑
2. Infrastructure and Facilities Maintenance
Goal 2.1: Field Management and/or District Management Site Inspections Objective: Field
manager and/or district manager will conduct a minimum of one inspection per year.
Measurement: Field manager and/or district manager visits were successfully completed
as evidenced by field manager and/or district manager's reports, notes or other record
keeping method.
Standard: 100%of site visits were successfully completed.
Achieved: Yes ❑ No ❑
Goal 2.2: District Infrastructure and Facilities Inspections
Objective: District Engineer will conduct an annual inspection of the District's
infrastructure and related systems.
Measurement: A minimum of one inspection completed per year as evidenced by district
engineer's report related to District's infrastructure and related systems.
Standard: Minimum of one inspection was completed in the fiscal year by the District's
engineer.
Achieved: Yes ❑ No ❑
3. Financial Transparency and Accountability
Goal 3.1:Annual Budget Preparation
Objective: Prepare and approve the annual proposed budget by June 15 and final budget
by September 15 each year.
Measurement: Proposed budget was approved by the Board by June 15 and final
budget was adopted by September 15 as evidenced by meeting minutes and budget
documents listed on the District's website and/or within District records.
Standard: 100%of budget approval & adoption were completed by the statutory
deadlines and posted to the District's website.
Achieved: Yes ❑ No ❑
Goal 3.2: Financial Reports
Objective: Publish to the District's website (or link as permitted by applicable law) the
most recent versions of the following documents:Annual audit, current fiscal year budget
with any amendments, and most recent financials within the latest agenda package.
Measurement: Annual audit,previous years' budgets, and financials are accessible to the
public as evidenced by corresponding documents on the District's website.
Standard: District's website contains 100%of the following information: Most recent
annual audit, most recent adopted/amended fiscal year budget, and most recent agenda
package with updated financials.
Achieved: Yes 0 No ❑
Goal 3.3:Annual Financial Audit
Objective: Conduct an annual independent financial audit per statutory requirements and
publish the results to the District's website for public inspection, and transmit to the State
of Florida.
Measurement: Timeliness of audit completion and publication as evidenced by meeting
minutes showing Board approval and annual audit is available on the District's website
(or linked) and transmitted to the State of Florida.
Standard:Audit was completed by an independent auditing firm per statutory
requirements and results were posted to the District's website and transmitted to the State
of Florida.
Achieved: Yes ❑ No ❑
SIGNATURES:
Chair/Vice Chair: Date:
Printed Name:
Naples Heritage Community Development District
District Manager: Date:
Printed Name:
Naples Heritage Community Development District
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Bentley Electric Co of Naples FL Inc.
P.O. BOX 10572 Proposal 24-458
NAPLES, FL 34101
239-643-5339
bentley1@bentleyelectric.com
ADDRESS
Naples Heritage CDD
croINFRAMARK DATE TOTAL
210 UNIVERSITY DR, STE 10/24/2024 $1,200.00
702
CORAL SPRINGS, FL 33071
PROJECT LOCATION
Surge Protection
DATE DESCRIPTION QTY RATE AMOUNT
We propose to furnish labor and material to do the following electric
work:
1.) Install surge protection and breaker for(1) electric panel only that
controls Lake 15.
TOTAL AMOUNT 1,200.00 1,200.00
Thank you for the opportunity to submit this proposal. Should
you have any questions, feel free to reach me at 239-643-5339.
TOTAL $1 ,200.00
Thanks.
Steve Bentley THANK YOU.
Accepted By Accepted Date
An addendum is required for this agreement.
ADDENDUM TO AGREEMENT
THIS ADDENDUM TO AGREEMENT(this "Addendum") is made and entered into as of the
5th day of November, 2024, by and between Bentley Electric Co of Naples, FL Inc. ("Contractor"), and
NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT ("District"). Contractor and
District are sometimes collectively referred to herein as the"Parties".
RECITALS:
WHEREAS, Contractor and District previously entered into that certain Agreement dated as of
October 24,2024,a copy of which is attached hereto as Exhibit"B"(the"Agreement"); and
WHEREAS, Contractor and District hereby agree to the terms and conditions as provided for
herein; and
WHEREAS,capitalized terms not otherwise defined herein shall have the meaning set forth in the
Agreement.
NOW, THEREFORE, for and in consideration of the sum of TEN AND NO/100 DOLLARS
($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged,the Parties agree as follows:
1. Recitals. The above recitals are true and correct and incorporated herein by this reference.
2. E-Verify. The Contractor shall comply with all applicable requirements of Section
448.095, Florida Statutes. The Contractor shall register with and use the U.S. Department of Homeland
Security's E-Verify system to verify the work authorization status of all newly hired employees. If the
Contractor enters into a contract with a subcontractor relating to the services under this Agreement, the
subcontractor must register with and use the E-Verify system and provide the Contractor with an affidavit
stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The
Contractor shall maintain a copy of said affidavit for the duration of the contract with the subcontractor and
provide a copy to the District upon request. For purposes of this section, the term "subcontractor" shall
have such meaning as provided in Section 448.095(1)(e),Florida Statutes and the term"unauthorized alien"
shall have such meaning as provided in Section 448.095(1)(f),Florida Statutes.
If the Contractor has a good faith belief that a subcontractor with which it is contracting
has knowingly violated Section 448.095, Florida Statutes, then the Contractor shall terminate the contract
with such person or entity. Further,if District has a good faith belief that a subcontractor of the Contractor
knowingly violated Section 448.095, Florida Statutes, but the Contractor otherwise complied with its
obligations hereunder, District shall promptly notify the Contractor and upon said notification, the
Contractor shall immediately terminate its contract with the subcontractor.
Notwithstanding anything else in this Agreement to the contrary,District may immediately
terminate this Agreement for cause if there is a good faith belief that the Contractor knowingly violated the
provisions of Section 448.095, Florida Statutes, and any termination thereunder shall in no event be
considered a breach of contract by District. Pursuant to Section 448.095(5)(c)(3), in the event of a
termination hereunder, the Contractor shall be liable for any additional costs incurred by the District as a
result of the termination of this Agreement.
By entering into this Agreement, Contractor represents that no public employer has
terminated a contract with the Contractor under Section 448.095(5)(c)(3),Florida Statutes,within the year
ADDENDUM TO AGREEMENT
PAGE 1
immediately preceding the date of this Agreement. District has materially relied on this representation in
entering into this Agreement with the Contractor.
3. Public Records. Contractor understands and agrees that all documents of any kind
provided to the District in connection with this Agreement may be public records, and, accordingly, the
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. The Contractor acknowledges that the
designated public records custodian for the District is Justin Faircloth ("Public Records
Custodian"). Among other requirements and to the extent applicable by law,the Contractor shall 1) keep
and maintain public records required by the District to perform the Oversight Services; 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 Agreement term and following the Agreement term if the Contractor does not transfer the records to
the Public Records Custodian of the District; and 4) upon completion of the Agreement, transfer to the
District, at no cost, all public records in the Contractor's possession or, alternatively, keep, maintain and
meet all applicable requirements for retaining public records pursuant to Florida laws. When such public
records are transferred by the Contractor,the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. All records stored
electronically must be provided to the District in a format that is compatible with Microsoft Word or Adobe
PDF formats. Failure of Contractor to comply with Section 119.0701, Florida Statutes may subject the
Contractor to penalties under Section 119.10,Florida Statutes. Further,in the event the Contractor fails to
comply with this Section or Section 119.0701, Florida Statutes, District shall be entitled to any and all
remedies at law or in equity. The following statement is required to be included in this Agreement pursuant
to Section 119.0701(2),Florida Statutes:
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 JUSTIN
FAIRCLOTH, TELEPHONE: (239) 785-0675, EMAIL:
JUSTIN.FAIRCLOTH@INFRAMARK.COM, AND MAILING
ADDRESS: 210 N. UNIVERSITY DRIVE, SUITE 702, CORAL
SPRINGS, FL 33071.
4. Indemnification/Hold Harmless. The Contractor assumes liability for and shall
indemnify, defend and save harmless the District as well as its supervisors,members, employees,officers,
managers,agents,successors and assigns from any and all expenses,costs,claims,actions,damages,losses
and liabilities of every kind (including, but not limited to, reasonable attorneys' fees of their attorneys)
irrespective of the theory upon which based (including, but not limited to, negligence and strict liability)
arising out of the Contractor's presence within The Preserve at Corkscrew for any purpose(including, but
not limited to,performing work under this Agreement)and arising out of the Work area and the condition,
operation ownership, selection, transportation, loading, unloading, security, leasing or return of any
equipment or individuals with respect to the above services regardless of where,how and by whom used or
operated and including,without limitation,injury to property or person(including death). This Agreement
also obligates the Contractor to indemnify and save harmless the District for any and all expenses, costs,
claims, actions,damages,losses,and liabilities of every kind arising out of any of the Contractor's or their
ADDENDUM TO AGREEMENT
PAGE 2
subcontractors at the site. The Contractor understands and agrees that it is obligated and shall indemnify
the District for damages and injury to persons and property caused in whole or in part by any act,omission,
negligence or fault of the Contractor and its subcontractor,agents,employees,officers,directors,successors
and assigns. The Contractor's obligation to indemnify and defend the District is absolute, including
instances where the District are found potentially liable,responsible or at fault and in those instances where
the District's own negligence or actions caused said damage or injury in part. Notwithstanding the above,
the Contractor shall not be required to indemnify and defend the District for damages found by a Court to
have been caused solely by the District gross negligence or the willful, wanton or intentional misconduct
of the District or their employees,officers,directors, successors and assigns.
The Contractor hereby acknowledges that the first $100.00, paid under this contract as sufficient
and valuable consideration from the District to the Contractor as specific consideration for this
indemnification. It is understood and agreed that this Agreement is not a construction contract as that term
is referenced in Section 725.06, Florida Statutes (and as later amended) and that said statutory provision
does not govern,restrict or control this Agreement.
5. Insurance.
A. Contractor or any subcontractor performing the work described in this Agreement
shall maintain throughout the term of this Agreement the following insurance:
(1) Workers' Compensation coverage, in full compliance with Florida
statutory requirements,for all employees of Contractor who are to provide a service under this
Contract, as required under applicable Florida Statutes AND Employer's Liability with limits
of not less than$1,000,000.00 per employee per accident, $500,000.00 disease aggregate,and
$100,000.00 per employee per disease.
(2) Commercial General Liability "occurrence" coverage in the minimum
amount of $1,000,000 combined single limit bodily injury and property damage each
occurrence and$2,000,000 aggregate, including personal injury,broad form property damage,
products/completed operations, broad form blanket contractual and $100,000 fire legal
liability.
(3) Automobile Liability Insurance for bodily injuries in limits of not less than
$1,000,000 combined single limit bodily injury and for property damage, providing coverage
for any accident arising out of or resulting from the operation, maintenance, or use by
Contractor of any owned, non-owned, or hired automobiles, trailers, or other equipment
required to be licensed. Said insurance shall also to include insured/underinsured motorists
coverage in the minimum amount of$100,000 when there are owned vehicles.
B. District, its staff, consultants, agents and supervisors shall be named as an
additional insured on all policies required (excluding worker's compensation). Contractor shall furnish
District with the Certificate of Insurance evidencing compliance with this requirement. No certificate shall
be acceptable to District unless it provides that any change or termination within the policy periods of the
insurance coverage, as certified, shall not be effective within thirty (30) days of prior written notice to
District. Insurance coverage shall be from a reputable insurance carrier acceptable to District,who licensed
to conduct business in the State of Florida,and such carrier shall have a Best's Insurance Reports rating of
at least A-VII.
C. If Contractor fails to have secured and maintained the required insurance,District
has the right(without any obligation to do so,however),to secure such required insurance in which event,
ADDENDUM TO AGREEMENT
PAGE 3
Contractor shall pay the cost for that required insurance and shall furnish, upon demand, all information
that may be required in connection with District's obtaining the required insurance.
6. Permits and Licenses. All permits or licenses necessary for the Contractor to perform
under this Agreement shall be obtained and paid for by the Contractor.
7. Liens and Claims. The Contractor shall promptly and properly pay for all labor employed,
materials purchased,and equipment hired by it to perform under this Agreement. The Contractor shall keep
the District's property free from any construction,materialmen's or mechanic's liens and claims or notices
in respect to such liens and claims, which arise by reason of the Contractor's performance under this
Agreement, and the Contractor shall immediately discharge any such claim or lien. In the event that the
Contractor does not pay or satisfy such claim or lien within three(3)business days after the filing of notice
thereof,the District,in addition to any and all other remedies available under this Agreement,may terminate
this Agreement to be effective immediately upon the giving of notice of termination.
8. Termination. The District agrees that the Contractor may terminate this Agreement with
or without 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 breach under this
Agreement by the District. The District may,in its sole and absolute discretion,whether or not reasonable,
on thirty(30)days'written notice to Contractor,terminate this contract at its convenience,with or without
cause, and without prejudice to any other remedy it may have. Upon any termination of this Agreement,
the Contractor shall be entitled to payment for all work and/or services rendered up until the effective
termination of this Agreement, subject to whatever claims or off-sets the District may have against the
Contractor.
9. Payment. The Contractor shall maintain records conforming to usual accounting practices.
Invoices are due and payable within forty-five(45)days of receipt by the District and such written invoices
shall include such supporting information as the District may reasonably require the Contractor to provide.
10. Assignment. Neither the District nor the Contractor may assign this Agreement without
the prior written approval of the other.
11. Anti-Human Trafficking Affidavit. In accordance with the requirements of Section
787.06(13),Florida Statutes,the affidavit attached hereto as Exhibit"A"shall be completed by Contractor
at the time of execution of this Agreement or any renewal thereof.
12. Miscellaneous. Executed counterpart copies of the original of this Addendum shall be
treated as if the original where so executed and shall bind the executing party and shall have the same force
and effect as the original. Except as modified by this Addendum, all other terms and conditions of the
Agreement shall remain in full force and effect. In the event of a conflict between the terms and provisions
of this Addendum and the Agreement, the terms and provisions of this Addendum shall control and be
given effect.
(Remainder of page intentionally left blank. Signatures appear on next page.)
ADDENDUM TO AGREEMENT
PAGE 4
IN WITNESS WHEREOF, the parties hereto have executed this Addendum as of the date set
forth above.
DISTRICT:
NAPLES HERITAGE COMMUNITY
Attest: DEVELOPMENT DISTRICT
By: _—..
stun Fatrcloth,Secretary Ken Gaynor,Chairman
Dated: 11/5/2 y
CONTRACTOR:
By: ft„.
Name: j i r' N t N T-L E f
Title: V' r'
Dated: t Z
ADDENDUM TO AGREEMENT
PAGE 5
Exhibit"A"
AFFIDAVIT OF COMPLIANCE WITH ANTI-HUMAN TRAFFICKING LAWS
State of Pi_
County of ( o t.l,tER.
In accordance with Section 787.06 (13), Florida Statutes, the undersigned, on behalf of
1.E Y E l-C t_-VII0t_ Lc (the "Contractor"), hereby attests under penalty of perjury that, the
Contractor,to the best of my knowledge and reasonable belief,does not use coercion for labor or services
as defined in Section 787.06,Florida Statutes,entitled"Human Trafficking."
The undersigned is authorized to execute this affidavit on behalf of the Contractor.
�In_/ r
Sl lure
Printed Name: St tI i 4c 'B
Title: Y P
Contractor: (j E1.1 T t F`( Et-PkTA t
Date: (7.I3+y
SWORN TO AND SUBSCRIBED before me by means of [ /'] physical presence or [ ] online
notarization, this `3`Y,^ day of 0 EL. , 2024, by
T'Ert'14-aA1 b C1N i Lt'�( , as \JF of
i L E`{ G'l.Cc-TA.t(, L ,who is[• ]personally known to me or who produced[ ]
as identification.
Notary Public
(Notary Seal)
4 ,,►* IAN DIAMOND
(9: •.\ rotary Pubik•State of Flonca
( t l Commtsslon 3 NN 399767 `
t77My Camm.Expires May I B.202'
!mete:woe Nattonai Notary Assr.
ADDENDUM TO AGREEMENT
PAGE 6
NAPLES HERITAGE
Community Development District
Financial Report
September 30, 2024
Prepared by
6INFRAMARK
IVERASTRU:'URE MANAGEMENT SERVICE'
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 6-7
NAPLES HERITAGE
Community Development District
Financial Statements
(Unaudited)
September 30, 2024
NAPLES HERITAGE
Community Development District General Fund
Balance Sheet
September 30, 2024
ACCOUNT DESCRIPTION TOTAL
ASSETS
Cash-Checking Account $ 32,127
Due From Other Gov't! Units 35
Investments:
Money Market Account 96,387
Deposits 560
TOTAL ASSETS $ 129,109
LIABILITIES
Accounts Payable $ 17,679
Accrued Expenses 1,437
TOTAL LIABILITIES 19,116
FUND BALANCES
Nonspendable:
Deposits 560
Assigned to:
Operating Reserves 18,457
Reserves-Fountains 1,400
Reserves-Road and Lakes 59,717
Unassigned: 29,859
TOTAL FUND BALANCES $ 109,993
TOTAL LIABILITIES&FUND BALANCES $ 129,109
Page 1
NAPLES HERITAGE
Community Development District General Fund
Statement of Revenues, Expenditures and Changes in Fund Balances
For the Period Ending September 30, 2024
ANNUAL YTD ACTUAL
ADOPTED YEAR TO DATE YEAR TO DATE VARIANCE($) AS A%OF SEP-24 SEP-24
ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) ADOPTED BUD BUDGET ACTUAL
REVENUES
Interest-Investments $ 240 $ 240 $ 8,506 $ 8,266 3544.17% $ 20 $ 565
Interest-Tax Collector - - 257 257 0.00% - -
Special Assmnts-Tax Collector 179,776 179,776 179,776 - 100.00% -
Special Assmnts-Discounts (7,191) (7,191) (6,710) 481 93.31% - -
TOTAL REVENUES 172,825 172,825 181,829 9,004 105.21% 20 565
EXPENDITURES
Administration
P/R-Board of Supervisors 5,000 5,000 4,800 200 96.00% - -
FICA Taxes 383 383 367 16 95.82% - -
ProfServ-Engineering 2,000 2,000 - 2,000 0.00% 167 -
ProfServ-Field Management 922 922 - 922 0.00% 922 -
ProfServ-Legal Services 3,500 3,500 2,962 538 84.63% 292 -
ProfServ-Mgmt Consulting 25,457 25,457 25,457 - 100.00% 2,121 2,121
ProfServ-Property Appraiser 2,697 2,697 464 2,233 17.20% - -
ProfServ-Web Site Maintenance 736 736 736 - 100.00% 61 61
Auditing Services 3,200 3,200 3,100 100 96.88% -
Postage and Freight 750 750 1,290 (540) 172.00% 63 2
Insurance-General Liability 7,747 7,747 9,406 (1,659) 121.41% - -
Printing and Binding 720 720 307 413 42.64% 60 -
Legal Advertising 2,400 2,400 3,479 (1,079) 144.96% 200 2,593
Misc-Assessment Collection Cost 3,596 3,596 3,463 133 96.30% - -
Misc-Contingency 376 376 96 280 25.53% 31 -
Misc-Web Hosting 1,823 1,823 1,553 270 85.19% 152 -
Office Expense 250 250 300 (50) 120.00% 21 -
Annual District Filing Fee 175 175 175 - 100.00% - -
Total Administration 61,732 61,732 57,955 3,777 93.88% 4,090 4,777
Field
Contracts-Fountain 737 737 737 - 100.00% 61 -
Contracts-Aerator Maintenance 3,550 3,550 3,786 (236) 106.65% 296 300
Electricity-Aerator 8,400 8,400 7,697 703 91.63% 700 542
R&M-Fence 480 480 - 480 0.00% 40 -
R&M-Lake 37,500 37,500 19,800 17,700 52.80% 3,125 -
Misc-Contingency 16,886 16,886 39,203 (22,317) 232.16% 1,407 4,358
Capital Outlay 16,000 16,000 - 16,000 0.00% 1,333 -
Total Field 83,553 83,553 71,223 12,330 85.24% 6,962 5,200
Reserves
Reserve-Fountain 200 200 - 200 0.00% - -
Reserve-Roads and Lakes 27,340 27,340 12,958 14,382 47.40% - 12,958
Total Reserves 27,540 27,540 12,958 14,582 47.05% - 12,958
TOTAL EXPENDITURES&RESERVES 172,825 172,825 142,136 30,689 82.24% 11,052 22,935
Page 2
NAPLES HERITAGE
Community Development District General Fund
Statement of Revenues, Expenditures and Changes in Fund Balances
For the Period Ending September 30, 2024
ANNUAL YTD ACTUAL
ADOPTED YEAR TO DATE YEAR TO DATE VARIANCE($) AS A%OF SEP-24 SEP-24
ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) ADOPTED BUD BUDGET ACTUAL
Excess(deficiency)of revenues
Over(under)expenditures - - 39,693 39,693 0.00% (11,032) (22,370)
Net change in fund balance $ - $ - $ 39,693 $ 39,693 0.00% $ (11,032) $ (22,370)
FUND BALANCE,BEGINNING(OCT 1,2023) 70,300 70,300 70,300
FUND BALANCE,ENDING $ 70,300 $ 70,300 $ 109,993
Page 3
NAPLES HERITAGE
Community Development District
Supporting Schedules
September 30, 2024
NAPLES HERITAGE
Community Development District
Non-Ad Valorem Special Assessments - Collier County Tax Collector
Monthly Collection Distributions
For the Fiscal Year Ending September 30, 2024
Discount/ Gross
Date Net Amount (Penalties) Collection Amount
Received Received Amount Costs Received
Assessments Levied $ 179,776
Allocation % 100%
10/30/23 $ 883 $ 50 $ 18 $ 951
11/06/23 1,505 64 31 1,600
11/14/23 16,558 704 338 17,600
11/20/23 23,594 1,005 482 25,081
11/24/23 20,228 860 413 21,501
12/06/23 34,501 1,467 704 36,672
12/12/23 33,820 1,437 690 35,947
12/22/23 11,681 495 238 12,414
01/10/24 10,216 381 208 10,805
02/08/24 9,371 214 191 9,776
03/06/24 3,056 34 62 3,152
04/04/24 2,017 - 41 2,058
05/08/24 1,553 - 31 1,584
06/18/24 681 - 13 694.00
TOTAL $ 169,664 $ 6,711 $ 3,460 $ 179,776
% COLLECTED 100.0%
TOTAL OUTSTANDING $ -
Page 4
NAPLES HERITAGE
Community Development District
Cash and Investment Balances
September 30, 2024
ACCOUNT NAME BANK NAME YIELD MATURITY BALANCE
GENERAL FUND
Checking Account-Operating Valley National 5.38% N/A 32,127
Money Market Account BankUnited 5.25% N/A 96,387
Total $ 128,515
Page 5
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NAPLES HERITAGE
COMMUNITY DEVELOPMENT DISTRICT
COLLIER COUNTY, FLORIDA
FINANCIAL REPORT
FOR THE FISCAL YEAR ENDED
SEPTEMBER 30, 2023
NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT
COLLIER COUNTY, FLORIDA
TABLE OF CONTENTS
Page
INDEPENDENT AUDITOR'S REPORT 1-2
MANAGEMENT'S DISCUSSION AND ANALYSIS 3-5
BASIC FINANCIAL STATEMENTS
Government-Wide Financial Statements:
Statement of Net Position 6
Statement of Activities 7
Fund Financial Statements:
Balance Sheet—Governmental Fund 8
Reconciliation of the Balance Sheet—Governmental Fund to the
Statement of Net Position 9
Statement of Revenues, Expenditures and Changes in Fund Balance—
Governmental Fund 10
Reconciliation of the Statement of Revenues, Expenditures and Changes in
Fund Balance of Governmental Fund to the Statement of Activities 11
Notes to the Financial Statements 12-16
REQUIRED SUPPLEMENTARY INFORMATION
Schedule of Revenues, Expenditures and Changes in Fund Balances—
Budget and Actual—General Fund 17
Notes to Required Supplementary Information 18
OTHER INFORMATION
Data Elements required by FL Statute 218.39 (3) (c) 19
INDEPENDENT AUDITOR'S REPORT ON INTERNAL CONTROL OVER FINANCIAL
REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN
AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH
GOVERNMENT AUDITING STANDARDS 20-21
INDEPENDENT AUDITOR'S REPORT ON COMPLIANCE WITH THE REQUIREMENTS
OF SECTION 218.415, FLORIDA STATUTES, REQUIRED BY RULE 10.556(10)
OF THE AUDITOR GENERAL OF THE STATE OF FLORIDA 22
MANAGEMENT LETTER PURSUANT TO THE RULES OF THE AUDITOR GENERAL
OF THE STATE OF FLORIDA 23-24
951 Yamato Road • Suite 280
Boca Raton, Florida 33431
irj Grau & Associates (561) 994-9299•(800)299-4728
Fax(561) 994-5823
CERTIFIED PUBLIC ACCOUNTANTS www.graucpa.com
INDEPENDENT AUDITOR'S REPORT
To the Board of Supervisors
Naples Heritage Community Development District
Collier County, Florida
Report on the Audit of the Financial Statements
Opinions
We have audited the accompanying financial statements of the governmental activities and the major fund of
Naples Heritage Community Development District, Collier County, Florida("District")as of and for the fiscal
year ended September 30, 2023, and the related notes to the financial statements, which collectively
comprise the District's basic financial statements as listed in the table of contents.
n our opinion,the financial statements referred to above present fairly, in all material respects,the respective
financial position of the governmental activities and the major fund of the District as of September 30, 2023,
and the respective changes in financial position thereof for the fiscal year then ended in accordance with
accounting principles generally accepted in the United States of America.
Basis for Opinions
We conducted our audit in accordance with auditing standards generally accepted in the United States of
America (GAAS) and the standards applicable to financial audits contained in Government Auditing
Standards, issued by the Comptroller General of the United States. Our responsibilities under those
standards are further described in the Auditor's Responsibilities for the Audit of the Financial Statements
section of our report. We are required to be independent of the District and to meet our other ethical
responsibilities,in accordance with the relevant ethical requirements relating to our audit.We believe that the
audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions.
Responsibilities of Management for the Financial Statements
The District's management is responsible for the preparation and fair presentation of the financial statements
in accordance with accounting principles generally accepted in the United States of America; and for the
design, implementation,and maintenance of internal control relevant to the preparation and fair presentation
of financial statements that are free from material misstatement, whether due to fraud or error.
In preparing the financial statements, management is required to evaluate whether there are conditions or
events, considered in the aggregate, that raise substantial doubt about the District's ability to continue as a
going concern for twelve months beyond the financial statement date, including any currently known
information that may raise substantial doubt shortly thereafter.
Auditor's Responsibilities for the Audit of the Financial Statements
Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free
from material misstatement,whether due to fraud or error, and to issue an auditor's report that includes our
opinions. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is
not a guarantee that an audit conducted in accordance with GAAS will always detect a material misstatement
when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one
resulting from error,as fraud may involve collusion,forgery,intentional omissions,misrepresentations,or the
override of internal control. Misstatements are considered material if there is a substantial likelihood that,
individually or in the aggregate,they would influence the judgment made by a reasonable user based on the
financial statements.
In performing an audit in accordance with GAAS, we:
• Exercise professional judgment and maintain professional skepticism throughout the audit.
• Identify and assess the risks of material misstatement of the financial statements, whether due to
fraud or error,and design and perform audit procedures responsive to those risks. Such procedures
include examining,on a test basis, evidence regarding the amounts and disclosures in the financial
statements.
• Obtain an understanding of internal control relevant to the audit in order to design audit procedures
that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the
effectiveness of the District's internal control.Accordingly, no such opinion is expressed.
• Evaluate the appropriateness of accounting policies used and the reasonableness of significant
accounting estimates made by management, as well as evaluate the overall presentation of the
financial statements.
• Conclude whether, in our judgment,there are conditions or events,considered in the aggregate,that
raise substantial doubt about the District's ability to continue as a going concern for a reasonable
period of time.
We are required to communicate with those charged with governance regarding, among other matters,the
planned scope and timing of the audit, significant audit findings,and certain internal control—related matters
that we identified during the audit.
Required Supplementary Information
Accounting principles generally accepted in the United States of America require that the management's
discussion and analysis and budgetary comparison information be presented to supplement the basic
financial statements. Such information is the responsibility of management and, 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. We have applied certain limited procedures to the required
supplementary information in accordance with auditing standards generally accepted in the United States of
America, which consisted of inquiries of management about 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 do 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.
Other Information Included in the Financial Report
Management is responsible for the other information included in the financial report. The other information
comprises the information for compliance with FL Statute 218.39 (3) (c) but does not include the financial
statements and our auditor's report thereon. Our opinions on the financial statements do not cover the other
information,and we do not express an opinion or any form of assurance thereon. In connection with our audit
of the financial statements,our responsibility is to read the other information and consider whether a material
inconsistency exists between the other information and the financial statements, or the other information
otherwise appears to be materially misstated. If, based on the work performed, we conclude that an
uncorrected material misstatement of the other information exists,we are required to describe it in our report.
Other Reporting Required by Government Auditing Standards
In accordance with Government Auditing Standards,we have also issued our report dated May 1, 2024, on
our consideration of the District's internal control over financial reporting and on our tests of its compliance
with certain provisions of laws, regulations, contracts, grant agreements and other matters. The purpose of
that report is solely to describe the scope of our testing of internal control over financial reporting and
compliance and the results of that testing,and not to provide an opinion on the effectiveness of the District's
internal control over financial reporting or on compliance.That report is an integral part of an audit performed
in accordance with Government Auditing Standards in considering the District's internal control over financial
reporting and compliance
May 1, 2024
2
MANAGEMENT'S DISCUSSION AND ANALYSIS
Our discussion and analysis of the Naples Heritage Community Development District, Collier County, Florida
("District") provides an overview of the District's financial activities for the fiscal year ended September 30,
2023. Please read it in conjunction with the District's Independent Auditor's Report, basic financial
statements, accompanying notes and supplementary information to the basic financial statements.
FINANCIAL HIGHLIGHTS
• The assets of the District exceeded its liabilities at the close of the most recent fiscal year resulting in
a net position balance of$7,272,204.
• The change in the District's total net position in comparison with the prior fiscal year was($156,105),
a decrease.The key components of the District's net position and change in net position are reflected
in the table in the government-wide financial analysis section.
• At September 30,2023,the District's governmental fund reported ending fund balance of$70,301,an
increase of$2,378 in comparison with the prior fiscal year. A portion of the fund balance is non-
spendable for deposits,assigned for reserves,and the remainder is unassigned fund balance which
is available for spending at the district's discretion.
OVERVIEW OF FINANCIAL STATEMENTS
This discussion and analysis is intended to serve as the introduction to the District's basic financial
statements.The District's basic financial statements are comprised of three components: 1)government-wide
financial statements, 2)fund financial statements, and 3) notes to the financial statements. This report also
contains other supplementary information in addition to the basic financial statements themselves.
1) Government-Wide Financial Statements
The government-wide financial statements are designed to provide readers with a broad overview of the
District's finances, in a manner similar to a private-sector business.
The statement of net position presents information on all the District's assets,deferred outflows of resources,
liabilities and deferred inflows of resources, with the residual amount being reported as net position. Over
time, increases or decreases in net position may serve as a useful indicator of whether the financial position
of the District is improving or deteriorating.
The statement of activities presents information showing how the government's net position changed during
the most recent fiscal year. All changes in net position are reported as soon as the underlying event giving
rise to the change occurs, regardless of the timing of related cash flows. Thus, revenues and expenses are
reported in this statement for some items that will only result in cash flows in future fiscal periods.
The government-wide financial statements include all governmental activities that are principally supported by
special assessment revenues. The District does not have any business-type activities. The governmental
activities of the District include the general government (management) and maintenance and operations
functions.
2) Fund Financial Statements
A fund is a grouping of related accounts that is used to maintain control over resources that have been
segregated for specific activities or objectives.The District, like other state and local governments, uses fund
accounting to ensure and demonstrate compliance with finance-related legal requirements.The District has
one fund category: governmental funds.
3
OVERVIEW OF FINANCIAL STATEMENTS (Continued)
2) Fund Financial Statements (Continued)
Governmental Funds
Governmental funds are used to account for essentially the same functions reported as governmental
activities in the government-wide financial statements. However, unlike the government-wide financial
statements, governmental fund financial statements focus on near-term inflows and outflows of spendable
resources, as well as on balances of spendable resources available at the end of the fiscal year. Such
information may be useful in evaluating a District's near-term financing requirements.
Because the focus of governmental funds is narrower than that of the government-wide financial statements,
it is useful to compare the information presented for governmental funds with similar information presented for
governmental activities in the government-wide financial statements. By doing so, readers may better
understand the long-term impact of the District's near-term financing decisions. Both the governmental fund
balance sheet and the governmental fund statement of revenues,expenditures,and changes in fund balance
provide a reconciliation to facilitate this comparison between governmental funds and governmental activities.
The District maintains one governmental fund for external reporting. Information is presented in the
governmental fund balance sheet and the governmental fund statement of revenues, expenditures, and
changes in fund balances for the general fund. The general fund is considered a major fund.
The District adopts an annual appropriated budget for its general fund.A budgetary comparison schedule has
been provided for the general fund to demonstrate compliance with the budget.
3) Notes to the Financial Statements
The notes provide additional information that is essential to a full understanding of the data included in the
government-wide and fund financial statements.
GOVERNMENT-WIDE FINANCIAL ANALYSIS
As noted earlier, net position may serve over time as a useful indicator of an entity's financial position. In the
case of the District, assets exceeded liabilities at the close of the most recent fiscal year.
Key components of the District's net position are reflected in the following table:
NET POSITION
SEPTEMBER 30,
2023 2022
Current and other assets $ 75,523 $ 72,455
Capital assets, net of depreciation 7,201,903 7,360,386
Total assets 7,277,426 7,432,841
Current liabilities 5,222 4,532
Total liabilities 5,222 4,532
Net position
Investment in capital assets 7,201,903 7,360,386
Unrestricted 70,301 67,923
Total net position $ 7,272,204 $ 7,428,309
The District's net position reflects its investment in capital assets (e.g. land, land improvements, and
infrastructure). These assets are used to provide services to residents; consequently, these assets are not
available for future spending.
The remaining balance of unrestricted net position may be used to meet the District's other obligations.
4
GOVERNMENT-WIDE FINANCIAL ANALYSIS (Continued)
The District's net position decreased during the most recent fiscal year. The majority of the decrease
represents the extent to which the cost of operations and depreciation expense exceeded ongoing program
revenues.
Key elements of the change in net position are reflected in the following table:
CHANGES IN NET POSITION
FOR THE FISCAL YEAR END SEPTEMBER 30,
2023 2022
Revenues:
Program revenues $ 115,517 $ 115,473
General revenues 4,898 590
Total revenues 120,415 116,063
Expenses:
General govemment 63,013 56,969
Maintenance and operations 213,507 207,073
Total expenses 276,520 264,042
Change in net position (156,105) (147,979)
Net position-beginning 7,428,309 7,576,288
Net position-ending $ 7,272,204 $ 7,428,309
As noted above and in the statement of activities,the cost of all governmental activities during the fiscal year
ended September 30, 2023, was $276,520. The costs of the District's activities were primarily funded by
program revenues. Program revenues comprised primarily of assessments.The increase in the current fiscal
year expenses is primarily the result of an increase in cost related to the District's lakes.
GENERAL BUDGETING HIGHLIGHTS
An operating budget was adopted and maintained by the governing board for the District pursuant to the
requirements of Florida Statutes. The budget is adopted using the same basis of accounting that is used in
preparation of the fund financial statements. The legal level of budgetary control, the level at which
expenditures may not exceed budget, is in the aggregate. Any budget amendments that increase the
aggregate budgeted appropriations must be approved by the Board of Supervisors.The general fund budget
for the fiscal year ended September 30, 2023 was amended to increase appropriations by$27,168.
CAPITAL ASSETS
At September 30, 2023, the District had $11,380,085 invested in capital assets. In the government-wide
statements depreciation of$4,178,182 has been taken, which resulted in a net book value of$7,201,903.
More detailed information about the District's capital assets is presented in the notes of the financial
statements.
ECONOMIC FACTORS AND NEXT YEARS BUDGETS AND OTHER EVENTS
For the subsequent fiscal year, the District anticipates an increase in maintenance and operations activity.
CONTACTING THE DISTRICT'S FINANCIAL MANAGEMENT
This financial report is designed to provide our citizens, land owners,customers, investors and creditors with
a general overview of the District's finances and to demonstrate the District's accountability for the financial
resources it manages and the stewardship of the facilities it maintains. If you have questions about this report
or need additional financial information,contact Naples Heritage Community Development District's Finance
Department at 210 N. University Drive, Suite 702, Coral Springs, Florida, 33071.
5
NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT
COLLIER COUNTY, FLORIDA
STATEMENT OF NET POSITION
SEPTEMBER 30, 2023
Governmental
Activities
ASSETS
Cash $ 73,626
Due from other governments 1,337
Deposits and prepaids 560
Capital assets:
Nondepreciable 6,122,404
Depreciable, net 1,079,499
Total assets 7,277,426
LIABILITIES
Accounts payable and accrued expenses 5,222
Total liabilities 5,222
NET POSITION
Investment in capital assets 7,201,903
Unrestricted 70,301
Total net position $ 7,272,204
See notes to the financial statements
6
NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT
COLLIER COUNTY, FLORIDA
STATEMENT OF ACTIVITIES
FOR THE FISCAL YEAR ENDED September 30, 2023
Net(Expense)
Revenue and
Program Changes in Net
Revenues Position
Charges
for Governmental
Functions/Programs Expenses Services Activities
Primary government:
Governmental activities:
General government $ 63,013 $ 63,013 $ -
Maintenance and operations 213,507 52,504 (161,003)
Total governmental activities 276,520 115,517 (161,003)
General revenues:
Investment earnings 4,898
Total general revenues 4,898
Change in net position (156,105)
Net position - beginning 7,428,309
Net position - ending $ 7,272,204
See notes to the financial statements
7
NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT
COLLIER COUNTY, FLORIDA
BALANCE SHEET
GOVERNMENTAL FUND
SEPTEMBER 30, 2023
Total
Major Fund Governmental
General Fund
ASSETS
Cash $ 73,626 $ 73,626
Due from other governments 1,337 1,337
Deposits 560 560
Total assets $ 75,523 $ 75,523
LIABILITIES AND FUND BALANCES
Liabilities:
Accounts payable and accrued liabilities $ 5,222 $ 5,222
Total liabilities 5,222 5,222
Fund balance:
Nonspendable:
Deposits 560 560
Assigned to:
Operation Reserves 21,939 21,939
Roads, lake and fountain reserves 28,871 28,871
Unassigned 18,931 18,931
Total fund balance 70,301 70,301
Total liabilities and fund balance $ 75,523 $ 75,523
See notes to the financial statements
8
NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT
COLLIER COUNTY, FLORIDA
RECONCILIATION OF THE BALANCE SHEET-GOVERNMENTAL FUND
TO THE STATEMENT OF NET POSITION
SEPTEMBER 30, 2023
Total fund balances- governmental funds $ 70,301
Amounts reported for governmental activities in the
statement of net position are different because:
Capital assets used in governmental activities are not
financial resources and, therefore, are not reported
as assets in the governmental funds. The statement of
net position includes those capital assets, net of any
accumulated depreciation, in the net position of the
government as a whole.
Cost of capital assets 11,380,085
Accumulated depreciation (4,178,182) 7,201,903
Net position of governmental activities $ 7,272,204
See notes to the financial statements
9
NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT
COLLIER COUNTY, FLORIDA
STATEMENT OF REVENUES, EXPENDITURES,
AND CHANGES IN FUND BALANCE
GOVERNMENTAL FUND
FOR THE FISCAL YEAR ENDED September 30, 2023
Total
Major Fund Governmental
General Fund
REVENUES
Assessments $ 115,517 $ 115,517
Interest 4,898 4,898
Total revenues 120,415 120,415
EXPENDITURES
Current:
General government 63,013 63,013
Maintenance and operations 55,024 55,024
Total expenditures 118,037 118,037
Excess (deficiency) of revenues
over (under) expenditures 2,378 2,378
Fund balance- beginning 67,923 67,923
Fund balance- ending $ 70,301 $ 70,301
See notes to the financial statements
10
NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT
COLLIER COUNTY, FLORIDA
RECONCILIATION OF THE STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN
FUND BALANCE OF GOVERNMENTAL FUND TO THE STATEMENT OF ACTIVITIES
FOR THE FISCAL YEAR ENDED September 30, 2023
Net change in fund balances - total governmental funds $ 2,378
Amounts reported for governmental activities in the statement of
activities are different because:
Depreciation on capital assets is not recognized in the
governmental fund statements but is reported as an expense in the
statement of activities. (158,483)
Change in net position of governmental activities $ (156,105)
See notes to the financial statements
11
NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT
COLLIER COUNTY, FLORIDA
NOTES TO FINANCIAL STATEMENTS
NOTE 1 —NATURE OF ORGANIZATION AND REPORTING ENTITY
Naples Heritage Community Development District ("District') was created on September 24, 1996 by
Ordinance 96-57 of Collier County, Florida, pursuant to the Uniform Community Development District Act of
1980,otherwise known as Chapter 190, Florida Statutes.The Act provides among other things,the power to
manage basic services for community development, power to borrow money and issue bonds, and to levy
and assess non-ad valorem assessments for the financing and delivery of capital infrastructure.
The District was established for the purposes of financing and managing the acquisition, construction,
maintenance and operation of a portion of the infrastructure necessary for community development within the
District.
The District is governed by the Board of Supervisors ("Board"), which is composed of five members. The
Supervisors are elected by qualified electors within the District. The Board of Supervisors of the District
exercise all powers granted to the District pursuant to Chapter 190, Florida Statutes.
The Board has the responsibility for:
1. Assessing and levying assessments.
2. Approving budgets.
3. Exercising control over facilities and properties.
4. Controlling the use of funds generated by the District.
5. Approving the hiring and firing of key personnel.
6. Financing improvements.
The financial statements were prepared in accordance with Governmental Accounting Standards Board
("GASB")Statements. Under the provisions of those standards,the financial reporting entity consists of the
primary government,organizations for which the District is considered to be financially accountable and other
organizations for which the nature and significance of their relationship with the District are such that, if
excluded,the financial statements of the District would be considered incomplete or misleading.There are no
entities considered to be component units of the District;therefore,the financial statements include only the
operations of the District.
NOTE 2—SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
Government-Wide and Fund Financial Statements
The basic financial statements include both government-wide and fund financial statements.
The government-wide financial statements(i.e.,the statement of net position and the statement of activities)
report information on all of the non-fiduciary activities of the primary government.For the most part,the effect
of interfund activity has been removed from these statements.
The statement of activities demonstrates the degree to which the direct expenses of a given function or
segment is offset by program revenues.Direct expenses are those that are clearly identifiable with a specific
function or segment.Program revenues include 1)charges to customers who purchase,use or directly benefit
from goods, services or privileges provided by a given function or segment; operating-type special
assessments for maintenance are treated as charges for services and 2) grants and contributions that are
restricted to meeting the operational or capital requirements of a particular function or segment. Other items
not included among program revenues are reported instead as general revenues.
12
NOTE 2—SUMMARY OF SIGNIFICANT ACCOUNTING POLICES (Continued)
Measurement Focus, Basis of Accounting and Financial Statement Presentation
The government-wide financial statements are reported using the economic resources measurement focus
and the accrual basis of accounting. Revenues are recorded when earned and expenses are recorded when
a liability is incurred, regardless of the timing of related cash flows.Assessments are recognized as revenues
in the year for which they are levied. Grants and similar items are to be recognized as revenue as soon as all
eligibility requirements imposed by the provider have been met.
Governmental fund financial statements are reported using the current financial resources measurement
focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both
measurable and available. Revenues are considered to be available when they are collectible within the
current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the
government considers revenues to be available if they are collected within 60 days of the end of the current
fiscal period. Expenditures are recorded when a liability is incurred, as under accrual accounting.
Assessments
Assessments are non-ad valorem assessments on benefited lands within the District.Assessments are levied
to pay for the operations and maintenance of the District. The fiscal year for which annual assessments are
levied begins on October 1 with discounts available for payments through February 28 and become
delinquent on April 1.The District's annual assessments for operations are billed and collected by the County
Tax Collector.The amounts remitted to the District are net of applicable discounts or fees and include interest
on monies held from the day of collection to the day of distribution.
Assessments and interest associated with the current fiscal period are considered to be susceptible to accrual
and so have been recognized as revenues of the current fiscal period.The portion of assessments receivable
due within the current fiscal period is considered to be susceptible to accrual as revenue of the current period.
The District reports the following major governmental fund:
General Fund
The general fund is the general operating fund of the District. It is used to account for all financial resources
except those required to be accounted for in another fund.
When both restricted and unrestricted resources are available for use, it is the government's policy to use
restricted resources first for qualifying expenditures, then unrestricted resources as they are needed.
Assets, Liabilities and Net Position or Equity
Restricted Assets
These assets represent cash and investments set aside pursuant to external restrictions.
Deposits and Investments
The District's cash is considered to be cash on hand and demand deposits.
The District has elected to proceed under the Alternative Investment Guidelines as set forth in Section
218.415 (17) Florida Statutes. The District may invest any surplus public funds in the following:
a) The Local Government Surplus Trust Funds, or any intergovernmental investment pool authorized
pursuant to the Florida Interlocal Cooperation Act;
b) Securities and Exchange Commission registered money market funds with the highest credit quality
rating from a nationally recognized rating agency;
c) Interest bearing time deposits or savings accounts in qualified public depositories;
d) Direct obligations of the U.S. Treasury.
Securities listed in paragraph c and d shall be invested to provide sufficient liquidity to pay obligations as they
come due. In addition, surplus funds may be deposited into certificates of deposit which are insured.
13
NOTE 2—SUMMARY OF SIGNIFICANT ACCOUNTING POLICES (Continued)
Assets, Liabilities and Net Position or Equity (Continued)
Deposits and Investments (Continued)
The District records all interest revenue related to investment activities in the respective funds. Investments
are measured at amortized cost or reported at fair value as required by generally accepted accounting
principles.
Inventories and Prepaid Items
Inventories of governmental funds are recorded as expenditures when consumed rather than when
purchased.
Certain payments to vendors reflect costs applicable to future accounting periods and are recorded as
prepaid items in both government-wide and fund financial statements.
Capital Assets
Capital assets,which include property,plant and equipment,and infrastructure assets(e.g.,roads,sidewalks
and similar items) are reported in the government activities columns in the government-wide financial
statements. Capital assets are defined by the government as assets with an initial, individual cost of more
than $5,000 (amount not rounded) and an estimated useful life in excess of two years. Such assets are
recorded at historical cost or estimated historical cost if purchased or constructed. Donated capital assets are
recorded at acquisition value at the date of donation.
The costs of normal maintenance and repairs that do not add to the value of the asset or materially extend
assets lives are not capitalized. Major outlays for capital assets and improvements are capitalized as projects
are constructed.
Property, plant and equipment of the District are depreciated using the straight-line method over the following
estimated useful lives:
Assets Years
Improvements-security and other 5-20
Infrastructure- roadways 20-30
In the governmental fund financial statements, amounts incurred for the acquisition of capital assets are
reported as fund expenditures. Depreciation expense is not reported in the governmental fund financial
statements.
Unearned Revenue
Governmental funds report unearned revenue in connection with resources that have been received, but not
yet earned.
Deferred Outflows/Inflows of Resources
In addition to assets,the statement of financial position will sometimes report a separate section for deferred
outflows of resources.This separate financial statement element,deferred outflows of resources, represents
a consumption of net position that applies to a future period(s)and so will not be recognized as an outflow of
resources (expense/expenditure) until then.
In addition to liabilities, the statement of financial position will sometimes report a separate section for
deferred inflows of resources. This separate financial statement element, deferred inflows of resources,
represents an acquisition of net position that applies to a future period(s)and so will not be recognized as an
inflow of resources (revenue) until that time.
Fund Equity/Net Position
In the fund financial statements, governmental funds report non spendable and restricted fund balance for
amounts that are not available for appropriation or are legally restricted by outside parties for use for a
specific purpose. Assignments of fund balance represent tentative management plans that are subject to
change.
14
NOTE 2—SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued)
Assets, Liabilities and Net Position or Equity (Continued)
Fund Equity/Net Position (Continued)
The District can establish limitations on the use of fund balance as follows:
Committed fund balance —Amounts that can be used only for the specific purposes determined by a
formal action(resolution)of the Board of Supervisors.Commitments may be changed or lifted only by the
Board of Supervisors taking the same formal action (resolution) that imposed the constraint originally.
Resources accumulated pursuant to stabilization arrangements sometimes are reported in this category.
Assigned fund balance — Includes spendable fund balance amounts established by the Board of
Supervisors that are intended to be used for specific purposes that are neither considered restricted nor
committed.The Board may also assign fund balance as it does when appropriating fund balance to cover
differences in estimated revenue and appropriations in the subsequent year's appropriated budget.
Assignments are generally temporary and normally the same formal action need not be taken to remove
the assignment.
The District first uses committed fund balance,followed by assigned fund balance and then unassigned fund
balance when expenditures are incurred for purposes for which amounts in any of the unrestricted fund
balance classifications could be used.
Net position is the difference between assets and deferred outflows of resources less liabilities and deferred
inflows of resources. Net position in the government-wide financial statements are categorized as net
investment in capital assets,restricted or unrestricted.Net investment in capital assets represents net position
related to infrastructure and property, plant and equipment. Restricted net position represents the assets
restricted by the District's Bond covenants or other contractual restrictions. Unrestricted net position consists
of the net position not meeting the definition of either of the other two components.
Other Disclosures
Use of Estimates
The preparation of financial statements in conformity with generally accepted accounting principles requires
management to make estimates and assumptions that affect the reported amounts of assets and liabilities,
and disclosure of contingent assets and liabilities at the date of the financial statements, and the reported
amounts of revenues and expenditures during the reporting period. Actual results could differ from those
estimates.
NOTE 3—BUDGETARY INFORMATION
The District is required to establish a budgetary system and an approved Annual Budget.Annual Budgets are
adopted on a basis consistent with generally accepted accounting principles for the general fund.All annual
appropriations lapse at fiscal year-end.
The District follows these procedures in establishing the budgetary data reflected in the financial statements.
a) Each year the District Manager submits to the District Board a proposed operating budget for the fiscal
year commencing the following October 1.
b) Public hearings are conducted to obtain public comments.
c) Prior to October 1, the budget is legally adopted by the District Board.
d) All budget changes must be approved by the District Board.
e) The budgets are adopted on a basis consistent with generally accepted accounting principles.
f) Unused appropriation for annually budgeted funds lapse at the end of the year.
15
NOTE 4—DEPOSITS
The District's cash balances were entirely covered by federal depository insurance or by a collateral pool
pledged to the State Treasurer. Florida Statutes Chapter 280, "Florida Security for Public Deposits Act",
requires all qualified depositories to deposit with the Treasurer or another banking institution eligible collateral
equal to various percentages of the average daily balance for each month of all public deposits in excess of
any applicable deposit insurance held. The percentage of eligible collateral (generally, U.S. Governmental
and agency securities, state or local government debt, or corporate bonds)to public deposits is dependent
upon the depository's financial history and its compliance with Chapter 280. In the event of a failure of a
qualified public depository,the remaining public depositories would be responsible for covering any resulting
losses.
NOTE 5—CAPITAL ASSETS
Capital asset activity for the fiscal year ended September 30, 2023 was as follows:
Beginning Ending
Balance Additions Reductions Balance
Govemmental activities
Capital assets, not being depreciated
Land and land improvements $ 6,122,404 $ - $ - $ 6,122,404
Total capital assets, not being depreciated 6,122,404 - - 6,122,404
Capital assets,being depreciated
Improvements-security and other 1,308,650 - - 1,308,650
Infrastructure-roadways 3,949,031 - - 3,949,031
Total capital assets, being depreciated 5,257,681 - - 5,257,681
Less accumulated depreciation for:
Improvements-security and other 1,205,336 13,349 - 1,218,685
Infrastructure-roadways 2,814,363 145,134 - 2,959,497
Total accumulated depreciation 4,019,699 158,483 - 4,178,182
Total capital assets, being depreciated, net 1,237,982 (158,483) - 1,079,499
Govemmental activities capital assets, net $ 7,360,386 $ (158,483) $ - $ 7,201,903
Depreciation expense was charged to the maintenance and operations function.
NOTE 6-MANAGEMENT COMPANY
The District has contracted with a management company to perform services which include financial and
accounting advisory services. Certain employees of the management company also serve as officers of the
District. Under the agreement, the District compensates the management company for management,
accounting, financial reporting, and other administrative costs.
NOTE 7-RISK MANAGEMENT
The District is exposed to various risks of loss related to torts;theft of, damage to, and destruction of assets;
errors and omissions; and natural disasters. The District has obtained commercial insurance from
independent third parties to mitigate the costs of these risks;coverage may not extend to all situations.There
were no settled claims during the past three years.
16
NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT
COLLIER COUNTY, FLORIDA
SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN
FUND BALANCE - BUDGET AND ACTUAL—GENERAL FUND
FOR THE FISCAL YEAR ENDED September 30, 2023
Variance with
Final Budget-
Budgeted Amounts Actual Positive
Original Final Amounts (Negative)
REVENUES
Assessments $ 115,056 $ 115,056 $ 115,517 $ 461
Interest 240 240 4,898 4,658
Total revenues 115,296 115,296 120,415 5,119
EXPENDITURES
Current:
General government 59,390 67,264 63,013 4,251
Maintenance and operations 55,906 75,200 55,024 20,176
Total expenditures 115,296 142,464 118,037 24,427
Excess (deficiency) of revenues
over (under) expenditures - (27,168) 2,378 29,546
OTHER FINANCING SOURCES (USES)
Use of fund balance - 27,168 - (27,168)
Total other financing sources (uses) - 27,168 - (27,168)
Net change in fund balance $ - $ - 2,378 $ 2,378
Fund balance- beginning 67,923
Fund balance-ending $ 70,301
See notes to required supplementary information
17
NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT
COLLIER COUNTY, FLORIDA
NOTES TO REQUIRED SUPPLEMENTARY INFORMATION
The District is required to establish a budgetary system and an approved Annual Budget for the general fund.
The District's budgeting process is based on estimates of cash receipts and cash expenditures which are
approved by the Board. The budget approximates a basis consistent with accounting principles generally
accepted in the United States of America (generally accepted accounting principles).
The legal level of budgetary control, the level at which expenditures may not exceed budget, is in the
aggregate.Any budget amendments that increase the aggregate budgeted appropriations must be approved
by the Board of Supervisors. The general fund budget for the fiscal year ended September 30, 2023 was
amended to increase appropriations by$27,168.
18
NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT
COLLIER COUNTY, FLORIDA
OTHER INFORMATION-DATA ELEMENTS
REQUIRED BY FL STATUTE 218.39(3) (C)
FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2023
UNAUDITED
Element Comments
Number of District employees compensated in the last pay period of the District's 0
fiscal year being reported.
Number of independent contractors compensated to whom nonemployee
compensation was paid in the last month of the District's fiscal year being 4
reported.
Employee compensation 0
Independent contractor compensation $49,848
Construction projects to begin on or after October 1;($65K) Not applicable
See the Schedule of Revenues, Expenditures
Budget variance report and Changes in Fund Balance-Budget and
Actual-General Fund
Ad Valorem taxes; Not applicable
Non ad valorem special assessments;
Special assessment rate Operations and maintenance-$150.00
Special assessments collected $115,517
19
951 Yamato Road • Suite 280
Boca Raton, Florida 33431
Grau & Associates (561) 99) 924• (800)299-4728
Fax23
CERTIFIED PUBLIC ACCOUNTANTS www.graucpa.com
INDEPENDENT AUDITOR'S REPORT ON INTERNAL CONTROL OVER FINANCIAL
REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT
OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH
GOVERNMENT AUDITING STANDARDS
To the Board of Supervisors
Naples Heritage Community Development District
Collier County, Florida
We have audited, in accordance with the auditing standards generally accepted in the United States of
America and the standards applicable to financial audits contained in Government Auditing Standards issued
by the Comptroller General of the United States,the financial statements of the governmental activities and
the major fund of Naples Heritage Community Development District, Collier County, Florida("District")as of
and for the fiscal year ended September 30, 2023, and the related notes to the financial statements, which
collectively comprise the District's basic financial statements,and have issued our opinion thereon dated May
1, 2024.
Report on Internal Control Over Financial Reporting
In planning and performing our audit of the financial statements,we considered the District's internal control
over financial reporting (internal control) to determine the audit procedures that are appropriate in the
circumstances for the purpose of expressing our opinions on the financial statements,but not for the purpose
of expressing an opinion on the effectiveness of the District's internal control.Accordingly,we do not express
an opinion on the effectiveness of the District's internal control.
A deficiency in internal control exists when the design or operation of a control does not allow management or
employees, in the normal course of performing their assigned functions, to prevent, or detect and correct
misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in
internal control,such that there is a reasonable possibility that a material misstatement of the entity's financial
statements will not be prevented or detected and corrected on a timely basis. A significant deficiency is a
deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness,
yet important enough to merit attention by those charged with governance.
Our consideration of internal control was for the limited purpose described in the first paragraph of this section
and was not designed to identify all deficiencies in internal control that might be material weaknesses or,
significant deficiencies.Given these limitations,during our audit we did not identify any deficiencies in internal
control that we consider to be material weaknesses.However,material weaknesses or significant deficiencies
may exist that were not identified.
Report on Compliance and Other Matters
As part of obtaining reasonable assurance about whether the District's financial statements are free from
material misstatement, we performed tests of its compliance with certain provisions of laws, regulations,
contracts, and agreements, noncompliance with which could have a direct and material effect on the
determination of financial statement amounts. However, providing an opinion on compliance with those
provisions was not an objective of our audit,and accordingly,we do not express such an opinion.The results
of our tests disclosed no instances of noncompliance or other matters that are required to be reported under
Government Auditing Standards.
20
Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and
the results of that testing, and not to provide an opinion on the effectiveness of the entity's internal control or
on compliance.This report is an integral part of an audit performed in accordance with Government Auditing
Standards in considering the entity's internal control and compliance.Accordingly,this communication is not
suitable for any other purpose.
May 1, 2024
21
951 Yamato Road • Suite 280
Boca Raton, Florida 33431
Grau & Associates (561) 994 929 5823 0)299-4728
Fax CERTIFIED PUBLIC ACCOUNTANTS www.graucpa.com
INDEPENDENT AUDITOR'S REPORT ON COMPLIANCE WITH THE
REQUIREMENTS OF SECTION 218.415, FLORIDA STATUTES, REQUIRED BY
RULE 10.556(10)OF THE AUDITOR GENERAL OF THE STATE OF FLORIDA
To the Board of Supervisors
Naples Heritage Community Development District
Collier County, Florida
We have examined Naples Heritage Community Development District, Collier County, Florida's ("District")
compliance with the requirements of Section 218.415,Florida Statutes,in accordance with Rule 10.556(10)of
the Auditor General of the State of Florida during the fiscal year ended September 30,2023. Management is
responsible for the District's compliance with those requirements.Our responsibility is to express an opinion
on the District's compliance based on our examination.
Our examination was conducted in accordance with attestation standards established by the American
Institute of Certified Public Accountants.Those standards require that we plan and perform the examination to
obtain reasonable assurance about whether the District complied, in all material respects,with the specified
requirements referenced in Section 218.415, Florida Statutes. An examination involves performing
procedures to obtain evidence about whether the District complied with the specified requirements. The
nature, timing, and extent of the procedures selected depend on our judgment, including an assessment of
the risks of material noncompliance,whether due to fraud or error.We believe that the evidence we obtained
is sufficient and appropriate to provide a reasonable basis for our opinion.Our examination does not provide
a legal determination on the District's compliance with specified requirements.
We are required to be independent and to meet our other ethical responsibilities in accordance with relevant
ethical requirements relating to the examination engagement.
In our opinion, the District complied, in all material respects, with the aforementioned requirements for the
fiscal year ended September 30, 2023.
This report is intended solely for the information and use of the Legislative Auditing Committee, members of
the Florida Senate and the Florida House of Representatives,the Florida Auditor General,management,and
the Board of Supervisors of Naples Heritage Community Development District,Collier County,Florida and is
not intended to be and should not be used by anyone other than these specified parties.
May 1, 2024
22
(Th
951 Yamato Road • Suite 280
Boca Raton, Florida 33431
�rau & Associates (561) 994-9299 • (800)299-4728
Fax(561) 994-5823
CERTIFIED PUBLIC ACCOUNTANTS www.graucpa.com
....„)
MANAGEMENT LETTER PURSUANT TO THE RULES OF
THE AUDITOR GENERAL FOR THE STATE OF FLORIDA
To the Board of Supervisors
Naples Heritage Community Development District
Collier County, Florida
Report on the Financial Statements
We have audited the accompanying basic financial statements of Naples Heritage Community Development
District, Collier County, Florida("District")as of and for the fiscal year ended September 30,2023, and have
issued our report thereon dated May 1, 2024.
Auditor's Responsibility
We conducted our audit in accordance with auditing standards generally accepted in the United States of
America;the standards applicable to financial audits contained in Government Auditing Standards, issued by
the Comptroller General of the United States; and Chapter 10.550, Rules of the Florida Auditor General.
Other Reporting Requirements
We have issued our Independent Auditor's Report on Internal Control over Financial Reporting and on
Compliance and Other Matters Based on an Audit of the Financial Statements Performed in Accordance with
Government Auditing Standards; and Independent Auditor's Report on an examination conducted in
accordance with AICPA Professional Standards,AT-C Section 315, regarding compliance requirements in
accordance with Chapter 10.550, Rules of the Auditor General. Disclosures in those reports,which are dated
May 1, 2024, should be considered in conjunction with this management letter.
Purpose of this Letter
The purpose of this letter is to comment on those matters required by Chapter 10.550 of the Rules of the
Auditor General for the State of Florida.Accordingly, in connection with our audit of the financial statements of
the District, as described in the first paragraph, we report the following:
I. Current year findings and recommendations.
II. Status of prior year findings and recommendations.
III. Compliance with the Provisions of the Auditor General of the State of Florida.
Our management letter is intended solely for the information and use of the Legislative Auditing Committee,
members of the Florida Senate and the Florida House of Representatives, the Florida Auditor General,
Federal and other granting agencies, as applicable, management, and the Board of Supervisors of Naples
Heritage Community Development District, Collier County, Florida and is not intended to be and should not be
used by anyone other than these specified parties.
We wish to thank Naples Heritage Community Development District, Collier County, Florida and the
personnel associated with it, for the opportunity to be of service to them in this endeavor as well as future
engagements, and the courtesies extended to us.
May 1, 2024
23
REPORT TO MANAGEMENT
I. CURRENT YEAR FINDINGS AND RECOMMENDATIONS
None
II. PRIOR YEAR FINDINGS
None
III. COMPLIANCE WITH THE PROVISIONS OF THE AUDITOR GENERAL OF THE STATE OF FLORIDA
Unless otherwise required to be reported in the auditor's report on compliance and internal controls,the
management letter shall include, but not be limited to the following:
1. A statement as to whether or not corrective actions have been taken to address findings and
recommendations made in the preceding annual financial audit report.
There were no significant findings and recommendations made in the preceding annual financial
audit report for the fiscal year ended September 30, 2022.
2. Any recommendations to improve the local governmental entity's financial management.
There were no such matters discovered by, or that came to the attention of, the auditor, to be
reported for the fiscal year ended September 30, 2023.
3. Noncompliance with provisions of contracts or grant agreements, or abuse,that have occurred,
or are likely to have occurred, that have an effect on the financial statements that is less than
material but which warrants the attention of those charged with governance.
There were no such matters discovered by, or that came to the attention of, the auditor, to be
reported, for the fiscal year ended September 30, 2023.
4. The name or official title and legal authority of the District are disclosed in the notes to the financial
statements.
5. The District has not met one or more of the financial emergency conditions described in Section
218.503(1), Florida Statutes.
6. We applied financial condition assessment procedures and no deteriorating financial conditions were
noted as of September 30,2023. It is management's responsibility to monitor financial condition,and
our financial condition assessment was based in part on representations made by management and
the review of financial information provided by same.
7. Management has provided the specific information required by Section 218.39(3)(c) in the Other
Information section of the financial statements on page 19.
24
SGLITUDE
LAKE MANAGEMENT
Property Name Naples Heritage CDD Created Date 6/19/2024
Description Quote for a custom soundproof cabinet cover for Quote Number 00007792
the aeration system including installation for
Lake#1.
Prepared By EAN SIMS
Email ean.sims@solitudelake.com
Product Quantity Sales Price Total Price
General Cost 1.001 $588.00 $588.00
Taxes may be applicable Total Price $713.00
Quote Acceptance Information
Signature -
Name
Jus' Fair oth
Di riot Manager
Title
Date 6/22/24-Per Resolution 2021-01 after direction from the Chair.
•A
+. t
4
_NAID E ME.NT
SERVICES CONTRACT
CUSTOMER NAME: Naples Heritage CDD
SUBMITTED TO: Justin Faircloth
CONTRACT DATE: July 19, 2024
SUBMITTED BY: Brittany Hemery, Sales Support Administrator
SERVICES: Installation of Vertex Aeration Lake #15
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 Schedule A
attached hereto:
2. PAYMENT TERMS. The total fee for services is$8,716.00. Price is valid for 60 days from the contract
date. The Customer shall pay 50%of this service fee upon execution of this Agreement. The balance
(remaining 50% of fee) will be invoiced to Customer by SOLitude following completion of the Services.
For any work completed or materials in storage on the customer's behalf at the end of each month, the
company will invoice and the customer will be responsible for paying the percent of the total work
completed as of that date, less any previous deposit paid. 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 fee above. Customer agrees to pay all invoices within thirty
(30) days of invoice 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. Company 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 the Company by the Customer that are
not covered specifically by the written specifications of this contract.
3. TERM AND EXPIRATION. This Agreement is for a one-time service as described in the attached
Schedule A. Any additional services will be provided only upon additional terms as agreed to by the
parties in writing.
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) SOLITUDELAKEMANAGEMENT.COM
2024 Aeration Installation Services Contract
Naples Heritage CDD (01384880)-BH
Page 2 of 7
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. Oftentimes 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.
While SOLitude Lake Management LLC makes every effort to thoroughly inspect the site before providing
this contract proposal or beginning any work, it is possible, without fault or negligence, that unforeseen
circumstances may arise, or that hidden conditions on the site might be found in the course of the
performance of the contract work, which would result in additional time or material costs that exceed this
contract pricing. Should this occur, the customer will be notified of these unforeseen circumstances or
conditions and be responsible for the costs associated with remedying. By signing this agreement, the
customer acknowledges that they have informed SOLitude Lake Management®of all known and
relevant current site conditions that would be reasonable to expect could affect our ability to successfully
complete the contract work.
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.
Competitively Sensitive & Proprietary Materials—The information contained herein is the intellectual property of SOLitude Lake Management.
Recipients 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
2024 Aeration Installation Services Contract
Naples Heritage CDD (01384880)-BH
Page 3 of 7
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.
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.
12. FUEL/TRANSPORTATION SURCHARGE. Like many other companies that are impacted by the price of
gasoline, a rise in gasoline prices may necessitate a fuel surcharge. As such, the Company reserves the
right to add a fuel surcharge to Customer's invoice for any increase in the cost of fuel as measured above
the same time period in the prior year (by the National U.S. Average Motor Gasoline-Regular Fuel Price per
Gallon Index reported by the U.S. Department of Energy). The surcharge may be adjusted monthly (up or
down) with the price of gasoline.
13. E-Verify. Solitude Lake Management LLC utilizes the federal E-Verify program in contracts with
public employers as required by Florida State law, and acknowledges all the provisions of Florida Statute
448.095 are incorporated herein by reference and hereby certifies it will comply with the same.
Competitively Sensitive & Proprietary Materials—The information contained herein is the intellectual property of SOLitude Lake Management.
Recipients 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) SOLITUDELAKEMANAGEMENT.COM
2024 Aeration Installation Services Contract
Naples Heritage CDD (01384880)- BH
Page 4 of 7
ACCEPTED AND APPROVED:
SOLITUDE LAKE MANAGEMENT, LLC. NAPLES HERITAGE CDD
Signature: Signature:
( __Tara'1441Printed Name: Printed Nal : Justin Faircloth
Title: Title: District Manager/Secretary
8/8/24
Date: Date:
Please Remit All Payments to: Customer's Address for Notice Purposes:
1320 Brookwood Drive Suite H Naples Heritage CDD
C/O InGdrrrark
Little Rock AR 72202 210 N. University Dr. Suite 702
Coral Springs, FL 33071
Please Mail All Contracts to:
Approved as a work authorization under the ongoing contract with the
1253 Jensen Drive, Suite 103 District per Resolution 2021-01 -after consultation with the Chairman.
Virginia Beach, VA 23451
Competitively Sensitive & Proprietary Materials—The information contained herein is the intellectual property of SOLitude Lake Management.
Recipients 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) j SOLITUDELAKEMANAGEMENT.COM
2024 Aeration Installation Services Contract
Naples Heritage COD(01384880)-BH
Page 5 of 7
SCHEDULE A - AERATION SYSTEM INSTALLATION SERVICES
Aeration System Install:
1. Company will install the following submersed air diffused aeration system(s):
1 Vertex HighFlow Air 3 VBS SH XL2 Aeration System
Includes: One (1) 3/4 HP Compressors (115V)
4 Valve, Valve Box Manifold
Pressure Relief Valve
Pressure Gauge
Air Filter/ Muffler Assembly
GFCI protection breaker
Lockable / Weatherproof/Sound Reducing Cabinet
Medium Sound Kit Sub Assembly
Cabinet mounting pad
Cabinet Exhaust Fan
Four(4) Air Station Bottom Diffusers
(Dual Membrane /Self Cleaning)
Check Valves
Adjustable air distribution manifolds
2150 ff. underwater self-weighted air delivery tubing
(5/8" ID / 1 Y<" OD)
All labor and parts necessary for proper installation
2. Air Diffusers will be evenly placed throughout the lake in the deepest areas possible to
provide for uniform coverage and to maximize the benefits of aeration on the lake.
*For all single-phase units customer must provide suitable 120V power source with appropriate
breaker or disconnect for electrical connection by the edge of the pond, next to the site where
the compressor cabinet is to be placed. SOLitude Lake Management®can arrange for any
additional electrical work necessary to meet these electrical requirements for an additional fee.
SOLitude Lake Management®is not responsible for electrical permits or inspections that might be
required if new electrical service is ordered. Permits and inspections are the sole responsibility of
the customer and the customer's electrician who is responsible for providing the necessary
electrical service as described above. The cost for installation is based on the assumption that
power is available within 30 feet of the pond, and that no obstacles exist between the power
source and the pond (i.e., concrete/asphalt walkways, retaining walls, utilities, landscaped areas,
trees).
Competitively Sensitive & Proprietary Materials—The information contained herein is the intellectual property of SOLitude Lake Management.
Recipients 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) SOLITUDELAKEMANAGEMENT.COM
2024 Aeration Installation Services Contract
Naples Heritage CDD (01384880)-BH
Page 6 of 7
Warranty:
1. Company warrants that all installation work will be done in a safe and professional
manner.
2. Manufacturer warrants the complete cabinet system for three (3) years from the date
of installation against any defects in materials and workmanship. Excludes wearable
parts: air filters & compressor maintenance kits, cabinet itself carries lifetime warranty
against rust.
3. Manufacturer warrants Air Station Membrane Diffusers for five (5) years and bottom line
tubing for fifteen (15) years from the date of installation against any defects in materials
and workmanship.
4. Company warrants all labor for the fountain/aeration system for a period of ninety(90)
days from the date of installation.
5. The manufacturer's warranty and the SOLitude Lake Management°warranty will be
voided if:
a. Any person not specifically authorized by the manufacturer and by SOLitude
Lake Management® performs any service, repair, or other work to the aeration
system during the warranty period.
b. The aeration system is used in any manner inconsistent with its intended use or in
any manner that is not in accordance with the manufacturer's instructions.
General Qualifications:
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. Company 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 prescriptive site-specific water quality management 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 Customers' 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.
Competitively Sensitive & Proprietary Materials—The information contained herein is the intellectual property of SOLitude Lake Management.
Recipients 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) SOLITUDELAKEMANAGEMENT.COM
2024 Aeration Installation Services Contract
Naples Heritage CDD (01384880)-BH
Page 7 of 7
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 furnish the personnel, vehicles, boats, equipment, materials, and other
items required to provide the foregoing at its expense.
Competitively Sensitive & Proprietary Materials—The information contained herein is the intellectual property of SOLitude Lake Management.
Recipients 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) SOLITUDELAKEMANAGEMENT.COM
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SQLITUDE
LAKE MANAGEMENT
Property Name Naples Heritage CDD-F&A Created Date 9/24/2024
Description Quote for the replacement of the compressor for Quote Number 00009169
Lake#3.Includes a one-year warranty on the
compressor and 90-day labor.
Prepared By EAN SIMS
Email ean.sims@solitudelake.com
Product Quantity Sales Price Total Price
1/2HP Brookwood Dual Piston Compressor 115V 1.00 $933.80 $933.80
Freight 1.00 $30.00 $30.00
Labor 1.00 $150.00 $150.00
Taxes may be applicable Total Price $1,113.80
Quote Acceptance Information
Signature 4,,,e1-L.75(4,
9
Name stin Faircloth
District Manager
Title
9-27-24 Per Resolution 2021-01 after discussion with the Chair. This approval is granted as a work order
Date —der-the-engoingeentract with the District.
11 4SCC
Alsphali Paving
PAVING & seal Coaling
1 1 181 Health Park Blvd Ste #1 170 • Naples, Florida 34110 •239-398-9850 &239-825-3231 • Collier C. Lic #33711
• Business Tax No.:0903223 Lic: # PG09-00074 Lee
Proposal
Naples Heritage Golf& Country Club August 14, 2024
8150 Heritage Club Way
Naples FL, 34112
Attn: Chris Gant
Phone: (239) 417-2555
Email: facilities@nhgcc.com
Job Name: Concrete Gutters & Asphalt repairs
Job Location: Naples Heritage Dr.
Scope of work
1. 7862 Naples Heritage Dr. Remove and repour 23 LF of concrete gutter. Sawcut a 23'X4'
concrete area and repave it leveled with the new concrete gutter.
2. 7826 Naples Heritage Dr. Remove and repour 43 LF of concrete gutter. Sawcut a 43'X3'
concrete area and repave it leveled with the new concrete gutter.
3. 7814 Naples Heritage Dr. Remove and repour 44 LF of concrete gutter. Sawcut a 44'X3'
concrete area and repave it leveled with the new concrete gutter.
PLEASE NOTE:
Taxes, labor, and materials are included in this proposal.
MSD Sheets as well as W-9 and insurance documentations are available upon request.
Warranty: one (1) year warranty on workmanship
Terms: 50% deposit prior to work commencement. This quote is valid for 30 days
Estimated Bid Price: $25,915
ACCEPTANCE OF ESTIMATE
The above prices,specifications and conditions are satisfactory and are hereby accepted.You are authorized to do the work as
specified. Payment will be made as outlined above. Legal fees and court costs incurred in the collection of monies owed according
to this contract will be borne by the customer.
ONCE SIGNED, PROPOSAL IS A BINDING CONTRACT.
Signature: Jose Romero C&M Date: August 14, 2024
Accepted by: Date:
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� Public Public Risk Underwriters of Florida, Inc.
11111 RiskP O Box 958455, Lake Mary, FL 32795
Underwriters
321-832-1450
!ia urunce Solutions nix Public Entities
Risk Management Associates, Inc.
PK FL1 0114007 24-18
Naples Heritage Community Development District
10/23/2024
Public Risk Underwriters of Florida, Inc. is pleased to provide you with the Coverage Agreement
for Naples Heritage Community Development District
Please review the document for accuracy and advise if you have any corrections or need
further information.
As a reminder, you do not have any binding authority and any changes must be requested in
writing. No coverage or change in coverage is bound without written confirmation from a
representative of Public Risk Underwriters of Florida, Inc. This Coverage Agreement replaces
and supersedes any previously issued Coverage confirmation.
Certificates of Insurance for the Preferred program may only be issued via the web-based
OneShield portal. The web address is https://oms.oneshield.com. Certificates may not be used
to request changes of coverage. The retail agent is solely responsible for any information listed
in the description section of the certificates. If you need assistance logging into OneShield,
please contact your underwriter for support.
We appreciate the opportunity to offer this coverage to your client and if you have any questions
or need further assistance please feel free to contact us.
THIS PAGE IS FOR INFORMATIONAL PURPOSES ONLY
AND IS NOT PART OF THE COVERAGE AGREEMENT
Print Date:10/23/2024
A-75
Preferred
VERNME . PUBLIC ENTITY
'NSURANCE ku.Sr
COMMON AGREEMENT DECLARATIONS
Administered By: TRUST:
Public Risk Underwriters of Florida ® Preferred Governmental Insurance Trust
P.O. Box 958455 P.O. Box 958455
Lake Mary, FL 32795-8455 Lake Mary, FL 32795-8455
Agreement Number: PK FL1 0114007 24-18
NAMED COVERED PARTY AND MAILING ADDRESS: AGENT NAME AND ADDRESS:
Naples Heritage Community Development District Risk Management Associates, Inc.
do Inframark Infrastructure Management Services, 210 N. 300 North Beach Street
University Drive, Suite 702 Daytona Beach,FL,32114
Coral Springs, FL 33071
AGREEMENT PERIOD: From: 10/01/2024 To: 10/01/2025
At 12:01 a.m. Eastern Standard Time at your mailing address shown above.
In return for the payment of the premium, and subject to all the terms of this agreement, we agree with you to
provide the coverage as stated in this agreement.
This agreement consists of the following coverage parts for which a premium is indicated. This premium may
be subject to adjustment.
COVERAGE PART ANNUAL PREMIUM
Property and Inland Marine Coverage Not Included
General Liability Coverage Included
Law Enforcement Coverage Not Included
School Leaders' and Employment Practices Liability Coverage Not Included
Automobile Coverage Included
Garage Keepers Coverage Not Included
Public Officials and Employment Practices Liability Coverage Included
Crime Coverage Not Included
Excess Workers' Compensation Coverage Not Included
Deadly Weapon Protection Coverage Not Included
TOTAL ANNUAL PREMIUM $9,557.00
FORMS APPLICABLE TO ALL COVERAGE PARTS:
See PGIT MN-002
THESE DECLARATIONS TOGETHER WITH THE COMMON AGREEMENT CONDITIONS, COVERAGE PARTS
SUPPLEMENTAL DECLARATIONS, FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART
THEREOF, COMPLETE THE ABOVE NUMBERED AGREEMENT.
COUNTERSIGNED 10/23/2024 BY
Date Authorized Representative
PGIT MN-001 (10 19) Page 1
Print Date:10/23/2024 PGIT MN 001 10 19.rpt
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J
Prerred
TAL
NOSURANCErTRUST
PUBLIC ENTITY
COVERAGE AGREEMENT FORMS LIST
COVERED PARTY: Naples Heritage Community Development District
AGREEMENT NO.: PK FL1 0114007 24-18
Form Name Form Number
Public Entity Common Agreement Declarations PGIT MN-001 (10 19)
Public Entity Coverage Agreement Forms List PGIT MN-002(10 24)
Public Entity Common Agreement Conditions PGIT MN-090(10 24)
Public Entity General Liability Coverage Part Declarations PGIT MN-020(10 18)
Public Entity General Liability-Coverage Form PGIT MN-200(10 24)
Public Entity General Liability-Preferred Endorsement PGIT MN-203(10 20)
Public Entity Communicable Disease Sublimit PGIT MN-204(10 20)
Public Entity General Liability-Employee Benefits Liability Coverage PGIT MN-205(10 13)
Public Entity General Liability-Deductible Liability Coverage PGIT MN-206(10 13)
Public Entity Public Officials and Employment Practice Liability Coverage Part PGIT MN-025(10 18)
Declarations
Public Entity Public Officials Liability and Employment Practices Liability PGIT MN-500(10 24)
Coverage Form (CLAIMS MADE)
Public Entity Cyber Liability Endorsement PGIT MN-700(10 24)
Public Entity Automobile Coverage Part Declarations PGIT MN-030(10 13)
Public Entity Automobile Coverage Form PGIT MN-300(10 24)
Public Entity Automobile Florida PGIT MN-301 (10 13)
Public Entity Auto-Florida Personal Injury Protection PGIT MN-309a(10 19)
Public Entity Auto-Pollution Liability-Broadened Coverage For Covered PGIT MN-311 (10 13)
Autos
Public Entity Auto-Mutual Aid Endorsement PGIT MN-312(10 13)
Public Entity Auto and General Liability-Nuclear Energy Liability Exclusion PGIT MN-900(10 13)
Endorsement
Public Entity Liability PFAS Chemicals Exclusion Endorsement PGIT MN-901 (10 23)
Public Entity Auto, General Liability and Property-Automatic Additional PGIT MN-902(10 23)
Covered Parties
Claim Notice
Informational Contact
PGIT MN-002(10 24) 10/23/2024
Print Date:10/23/2024
PRU_SOFE.rpt
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Pre erre
GVERNMENTAL
INSURANCEO TRUST PUBLIC ENTITY
COMMON AGREEMENT CONDITIONS
All Coverage Forms and general endorsements included in this Coverage Agreement are subject to the following
conditions:
A. CANCELLATION
1. The first named Covered Party shown in the Declarations may cancel this Coverage Agreement by
mailing or delivering to us advance written notice of cancellation.
2. We may cancel this Coverage Agreement by mailing or delivering to the first named Covered Party written
notice of cancellation at least:
a.10 days before the effective date of cancellation if we cancel for nonpayment of premium; or
b.60 days before the effective date of cancellation if we cancel for any other reason
3. We will mail or deliver our notice to the first named Covered Party's last mailing address known to us.
4. Notice of cancellation will state the effective date of cancellation. The Coverage Agreement period will end on
that date.
5. If this Coverage Agreement is cancelled, we will send the first named Covered Party any premium refund due.
If we cancel, the refund will be pro rata, subject to H. Minimum Earned Premium. If the first named Covered
Party cancels, the refund may be less than pro rata, subject to H. Minimum Earned Premium.
The cancellation will be effective even if we have not made or offered a refund.
6. If notice is mailed, proof of mailing will be sufficient proof of notice.
7. Failure of the Covered Party to make timely payment of premium shall be considered a request by the Covered
Party for the Trust to cancel on the Covered Party's behalf. In the event of such cancellation for non-payment
of premium, the minimum earned premium shall be due and payable; provided, however, such cancellation
shall be rescinded if the Covered Party remits and the Trust receives the full premium within 10 days after the
date of issuance of the cancellation notice.
B. CHANGES
This Coverage Agreement contains all the agreements between you and us concerning the coverage afforded.
The first named Covered Party shown in the Declarations is authorized to make changes in the terms of this
Coverage Agreement with our consent.
This Coverage Agreement's terms can be amended or waived only be endorsement issued by us and made a
part of this Coverage Agreement.
C. CONTROL OF PROPERTY
Any act or neglect of any person other than you beyond your direction or control will not affect this Coverage
Agreement.
D. COORDINATION OF COVERAGES
In the event a single claim or suit triggers coverage under more than one coverage part, the most we will pay is
the greater of the applicable limit or sublimit from either coverage part, subject to that coverage part's
deductible or Self-Insured Retention.
E. EXAMINATION OF YOUR BOOKS AND RECORDS
We may examine and audit your books and records as they relate to this Coverage Agreement at any time
during the Coverage Agreement period and up to three years afterward.
F. INSPECTIONS AND SURVEYS
We have the right but are not obligated to:
1. Make inspections and surveys at any time;
2. Give you reports on the conditions we find; and
3. Recommend changes.
PGIT MN-090(10 24) Page 1
Includes copyrighted material of Insurance Services Office, Inc. with its permission
Print Date:10/23/2024
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Any inspections, surveys, reports or recommendations relate only to insurability and the premiums to be
charged. We do not make safety inspections. We do not undertake to perform the duty of any person or
organization to provide for the health or safety of workers or the public. And we do not warrant that conditions:
1. Are safe or healthful; or
2. Comply with laws, regulations, codes or standards
This condition applies not only to us, but also to any rating, advisory, rate service or similar organization which
makes insurance inspections, surveys, reports or recommendations.
G. LIBERALIZATION
If we adopt any revision that would broaden the coverage under this Coverage Agreement without additional
premium within 45 days prior to or during the coverage period, the broadened coverage will immediately apply
to this Coverage Agreement.
H. MINIMUM EARNED PREMIUM
In the event of cancellation of this Coverage Agreement or any individual line of coverage within this Coverage
Agreement by the Covered Party, a minimum premium of 25% of written premium for the Coverage Agreement
or the individual line of coverage therein shall become earned, subject to any provision of the Coverage
Agreement to the contrary notwithstanding.
I. OTHER COVERAGE OR INSURANCE
You may have other coverage or insurance subject to the same plan, terms, conditions and provisions as the
coverage under this Coverage Agreement. If you do, we will pay our share of the covered loss or damage,
which will be determined by the insuring language in the form specific to the applicable coverage triggered
under this Coverage Agreement. If the form specific to the applicable coverage triggered under this Coverage
Agreement does not have an `other coverage or insurance"clause, then our share is the proportion that the
Limit of Coverage of our Coverage Agreement bears to the total of the limits of all the Coverage Agreements
and policies covering on the same basis.
Additionally, in the event an occurrence exhausts a limit purchased by Preferred Governmental Insurance
Trust on behalf of multiple members, payment to you for a covered loss will be reduced pro rata based on the
amounts of covered loss by member.
The administrator for Preferred Governmental Insurance Trust will retain reinsurance or excess of loss
coverage policies purchased on behalf of its members.
J. PREMIUMS
The first named Covered Party shown in the Declarations:
1. Is Responsible for the payment of all premiums; and
2. Will be the payee for any return premiums we pay.
K. SUBROGATION
1. In the event of any payment under this Coverage Agreement, we shall be subrogated to all of your rights of
recovery therefore against any person or organization, and you shall execute and deliver instruments and
papers and do whatever else is necessary to secure such rights.
2. You shall not act(or fail to act, as the case may be) in any manner that will prejudice our subrogation
rights.
L. TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS COVERAGE AGREEMENT
Your rights and duties under this Coverage Agreement may not be transferred without our written consent.
M. The Trust shall have the right and duty to defend any covered claim brought against the Covered Party even if
such claim is groundless, false, or fraudulent. The Covered Party shall not admit or assume liability or settle or
negotiate to settle any claim or incur any claims expenses without the prior written consent of the Trust, and the
Trust has the right to appoint counsel and make such investigation and defense of a covered claim as it deems
necessary.
PGIT MN-090(10 24) Page 2
Includes copyrighted material of Insurance Services Office, Inc. with its permission
Print Date 10/23/2024
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N. CONSENT TO SETTLE
1. The Trust shall not settle any claim without the written consent of the Public Entity. If the Public Entity
refuses to consent to a settlement or compromise recommended by the Trust and acceptable to the
claimant, then the Trust's Limit of Liability under this Coverage Agreement with respect to such claim shall
be reduced to the amount of damages for which the claim could have been settled plus all claims
expenses incurred up to the time the Trust made its recommendation to the Public Entity, which amount
shall not exceed that portion of any applicable Aggregate Limit of Liability that remains unexhausted by
payment of damages.
PGIT MN-090(10 24) Page 3
Includes copyrighted material of Insurance Services Office, Inc. with its permission
Print Date:10/23/2024
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PreferredVERNMENTAL PUBLIC ENTITY
INSURANCE TRUST
GENERAL LIABILITY COVERAGE PART DECLARATIONS
COVERED PARTY: Naples Heritage Community Development District
AGREEMENT NO.: PK FL1 0114007 24-18
SCHEDULE OF COVERAGES AND LIMITS OF COVERAGE
Deductibles
Bodily Injury, Property Damage $0
Employee Benefits Liability $0
Fire Damage Limit $0
Sewer Backup & Water Damage Coverage $0
Pesticide/ Herbicide Limit $0
Law Enforcement Liability N/A
Coverage is only provided for the coverages indicated by an X.
Coverage
x Bodily Injury and Property Damage $1,000,000 Per Occurrence
Personal Injury and Advertising Injury Included Per Person or Organization
Products / Completed Operation Included
General Aggregate Limit N/A
Medical Payments $2,500
x Employee Benefits Liability $1,000,000 Per Occurrence
N/A Aggregate Limit
x Fire Damage Limit Included Any One Premise
x Sewer Backup & Water Damage Coverage $10,000 No Fault Per Claimant
$200,000 At Fault Per Claimant
$200,000 Annual Aggregate
x Pesticide / Herbicide Limit $1,000,000 Aggregate Limit
Law Enforcement N/A Per Occurrence
FORMS AND ENDORSMENTS
Forms and Endorsements applying to this Coverage Part and made part of the coverage agreement at this time of issue:
See PGIT MN-002 Premium: $ INCLUDED
THIS SUPPLEMENTAL DECLARATIONS AND THE COMMON AGREEMENT DECLARATIONS,TOGETHER WITH THE COMMON
AGREEMENT CONDITIONS, COVERAGE PART(S). FORMS AND ENDORSMENTS. IF ANY. COMPLETE THE ABOVE NUMBERED
AGREEMENT.
PGIT MN-020(10 18) Page 1
Print Date:10/23/2024 PGIT MN 020 18.rpt
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PreferredNSURANCETRUST PUBLIC ENTITY
GENERAL LIABILTY COVERAGE FORM
(Occurrence)
Various provisions in this Coverage Agreement restrict coverage. Read the entire agreement
carefully to determine rights, duties and what is and is not covered.
Throughout this Coverage Agreement the words"you"and "your" refer to the Named Covered Party shown
in the Declarations, and any other person or organization qualifying as a Named Covered Party under this
agreement. The words"we,""us" and"our" refer to the Trust providing this Coverage Agreement.
"Covered party"means any person or organization qualifying as such under SECTION II -WHO IS A
COVERED PARTY.
Other words and phrases that appear in quotation marks have special meaning. Refer to
SECTION V- DEFINITIONS.
SECTION I-COVERAGES
A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY
1. Coverage Agreement
a. We will pay those sums that the Covered Party becomes legally obligated to pay as
damages, because of"bodily injury" or"property damage"to which this coverage agreement
applies. We will have the right and duty to defend the Covered Party against any"suit"
seeking those damages. However, we will have no duty to defend the covered party against
any"suit" seeking damages for"bodily injury" or"property damage"to which this coverage
does not apply. We may, at our discretion, investigate any "occurrence" and settle any claim
or"suit"that may result. But:
(1) The amount we will pay for damages is limited as described in LIMITS OF
COVERAGE (SECTION III); and
(2) Our right and duty to defend ends when we have used up the applicable limit of coverage
in the payment of judgments or settlements under Coverages A.or B.
(3) Our obligation under the Bodily Injury Liability and Property Damage Liability Coverages
to pay damages on your behalf applies only to the amount of damages in excess of any
deductible amounts stated in the declarations applicable to such coverages.
No other obligation or liability to pay sums or perform acts or services is covered unless
explicitly provided for under SUPPLEMENTARY PAYMENTS -COVERAGES A AND B.
b. This coverage applies to"bodily injury"and"property damage"only if:
(1) The"bodily injury"or"property damage" is caused by an "occurrence"that takes place
in the"coverage territory"; and
(2) The"bodily injury"or"property damage" occurs during the agreement period.
c. Damages because of"bodily injury" include damages claimed by any person or organization
for care, loss of services or death resulting at any time from the "bodily injury."
2. Exclusions
This coverage agreement does not apply to:
a. Expected or Intended Injury
PGIT MN 200(10 24) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 1
Print Date:10/23/2024
A-75
"Bodily injury"or"property damage"expected or intended from the standpoint of the covered party.
This exclusion does not apply to"bodily injury" resulting from the use of reasonable force to protect
persons or property.
b. Contractual Liability
"Bodily injury"or"property damage"for which the covered party is obligated to pay damages
by reason of the assumption of liability in a contract or agreement. This exclusion does not
apply to liability for damages:
(1) Assumed in a contract or agreement that is an "insured contract," provided the"bodily
injury" or"property damage"occurs subsequent to the execution of the contract or
agreement; or
(2) That the covered party would have in the absence of the contract or agreement.
c. Liquor Liability
"Bodily injury" or"property damage"for which any covered party may be held liable by reason of:
(1) Causing or contributing to the intoxication of any person;
(2) The furnishing of alcoholic beverages to a person under the legal drinking age or
under the influence of alcohol; or
(3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of
alcoholic beverages.
This exclusion applies only if you are in the business of manufacturing, distributing, selling,
serving or furnishing alcoholic beverages.
d. Workers' Compensation And Similar Laws
Any obligation of the covered party under a workers'compensation, disability benefits or
unemployment compensation law or any similar law.
e. Employer's Liability
"Bodily injury"to:
(1)An employee of the covered party arising out of and in the course of:
(a) Employment by the covered party; or
(b) Performing duties related to the conduct of the covered party's business; or
(2)The spouse, child, parent, brother or sister of that employee as a consequence of(1)above.
This exclusion applies whether the covered party may be liable as an employer or in any other
capacity; and to any obligation to share damages with or repay someone else who must pay
damages because of the injury.
This exclusion does not apply to liability assumed by the covered party under an "insured contract."
f. Pollution
(1) "Bodily injury"or"property damage" arising out of the actual, alleged or threatened
discharge, dispersal, seepage, migration, release or escape of"pollutants":
(a) At or from any premises, site or location which is or was at any time owned or
occupied by, or rented or loaned to, any covered party;
(b) At or from any premises, site or location which is or was at any time used by or
for any covered party or others for the handling, storage, disposal, processing or
treatment of waste. This includes but is not limited to any landfill or disposal site or
other properties in conjunction with landfill or disposal site activities;
(c) Which are or were at any time transported, handled, stored, treated, disposed of, or
PGIT MN 200(10 24) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 2
Print Date:10/23/2024
A-75
processed as waste by or for any covered party or any person or organization for
whom you may be legally responsible;
(d) At or from any premises, site or location on which any covered party or any
contractors or subcontractors working directly or indirectly on any covered party's
behalf are performing operations:
(i) if the pollutants are brought on or to the premises, site or location in
connection with such operations by such covered party, contractor or
subcontractor; or
(ii)if the operations are to test for, monitor, clean up, remove, contain, treat,
detoxify or neutralize, or in any way respond to, or assess the effects of
pollutants.
(e) At or from any premises, site or location on which any insured or any contractors or
subcontractors working directly or indirectly on any insured's behalf are performing
operations if the operations are to test for, monitor, clean up, remove, contain, treat,
detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants".
(f) At or from any premises, site, or location which is or was at any time the responsibility
of any covered party to maintain, including but not limited to streets, roads, paths,
beaches, waterways, lakes, rivers, canals, retention ponds, bridges, aquifers, or
easements.
Subparagraphs(a) and (d)(i)do not apply to"bodily injury"or"property damage" arising out of
heat, smoke or fumes from a hostile fire.
As used in this exclusion, a hostile fire means one which becomes uncontrollable or breaks
out from where it was intended to be.
(2)Any loss, cost or expense arising out of any:
(a) Request, demand, order or statutory or regulatory requirement that any covered party
or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in
any way respond to, or assess the effects of"pollutants"; or
(b) Claim or"suit" by or on behalf of a governmental authority for damages because of
testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or
neutralizing, or in any way responding to, or assessing the effects of"pollutants".
However, this paragraph does not apply to liability for damages because of"property damage"
that the insured would have in the absence of such request, demand, order or statutory or
regulatory requirement, or such claim or"suit" by or on behalf of a governmental authority.
g. Aircraft, Auto Or Watercraft
"Bodily injury"or"property damage"arising out of the ownership, maintenance, use or
entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or
loaned to any covered party. Use includes operation and "loading or unloading."
This exclusion applies even if the claims against any covered party allege negligence or
other wrongdoing in the supervision, hiring, employment, training or monitoring of others by
that covered party, if the"occurrence"which caused the"bodily injury"or"property damage"
involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto"or
watercraft that is owned or operated by or rented or loaned to any covered party.
This exclusion does not apply to:
(1) A watercraft while ashore on premises you own or rent;
(2) A watercraft less than 52 feet long that is not being used to carry persons or
property for a charge;
(3) Liability assumed under any "insured contract"for the ownership, maintenance or
use of watercraft; or
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(4) "Bodily injury" or"property damage"arising out of the operation of any of the equipment
listed in paragraph 5.a. or 5.b. of the definition of"mobile equipment" (SECTION V(I)).
h. Mobile Equipment
"Bodily injury"or"property damage"arising out of:
(1) The transportation of"mobile equipment" by an "auto"owned or operated by or rented or
loaned to any covered party; or
(2) The use of"mobile equipment" in, or while in practice or preparation for, a prearranged
racing, speed, demolition, or stunting activity.
i. War
"Bodily injury" or"property damage," however caused, arising out of:
(1) War, including undeclared or civil war;
(2) Warlike action by a military force, including action in hindering or defending against an
actual or expected attack, by any government, sovereign or other authority using military
personnel or other agents; or
(3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental
authority in hindering or defending against any of these.
j. Damage to Property
"Property damage"to:
(1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any
other person, organization or entity, for repair, replacement, enhancement, restoration or
maintenance of such property for any reason, including prevention of injury to a person or
damage to another's property;
(2) Premises you sell, give away or abandon, if the"property damage" arises out of any part of
those premises;
(3) Property loaned to you;
(4) Personal property in the care, custody or control of the covered party;
(5) That particular part of real property on which you or any contractors or subcontractors
working directly or indirectly on your behalf are performing operations, if the"property
damage" arises out of those operations; or
(6) That particular part of any property that must be restored, repaired or replaced because
"your work"was incorrectly performed on it.
Paragraph (2) of this exclusion does not apply if the premises are"your work"and were
never occupied, rented or held for rental by you.
Paragraphs (3), (4), (5) and (6)of this exclusion do not apply to liability assumed under a
sidetrack agreement.
Paragraph (6)of this exclusion does not apply to"property damage" included in the
"products-completed operations hazard."
This exclusion does not apply to personal property held by the covered party as a result of
seizure or confiscation.
k. Damage to Your Product
"Property damage"to"your product"arising out of it or any part of it.
I. Damage to Your Work
"Property damage"to"your work" arising out of it or any part of it and included in the
"products-completed operations hazard."
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This exclusion does not apply if the damaged work or the work out of which the damage
arises was performed on your behalf by a subcontractor.
m. Damage to Impaired Property or Property Not Physically Injured
"Property damage"to"impaired property"or property that has not been physically injured,
arising out of:
(1) A defect, deficiency, inadequacy or dangerous condition in "your product"or"your work"; or
(2) A delay or failure by you or anyone acting on your behalf to perform a contract or
agreement in accordance with its terms.
This exclusion does not apply to the loss of use of other property arising out of sudden and
accidental physical injury to"your product"or"your work"after it has been put to its
intended use.
n. Recall of Products,Work or Impaired Property
Damages claimed for any loss, cost or expense incurred by you or others for the loss of use,
withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of:
(1) "Your product";
(2) "Your work"; or
(3) "Impaired property"; if such product, work, or property is withdrawn or recalled from the
market or from use by any person or organization because of a known or suspected defect,
deficiency, inadequacy or dangerous condition in it.
o. Racketeering
Any damages arising out of any actual or alleged violation of the Racketeer Influence and
Corrupt Organizations Act, 18 USC or any amendments thereto, or any rules or
organizations promulgated thereunder.
p. Law Enforcement
"Bodily injury" or"property damage"arising out of any actual or alleged act or omission resulting
from law enforcement activities of your police department or any other law enforcement
agencies, including their agents or employees. Except coverage will be provided for"bodily
injury" or"property damage"for your vicarious liability arising out of an act or omission by a law
enforcement agency that is not owned, operated or controlled by the "covered party" if the
"covered party" has contracted with an outside agency to provide law enforcement for your
entity. This coverage is capped at the lesser of the per occurrence limit of liability shown on the
general liability coverage part declarations or at$2,000,000.
q. Asbestos
"Bodily injury" or"property damage"arising out of inhaling, ingesting or prolonged exposure to
asbestos or goods or products containing asbestos, or the use of asbestos in constructing or
manufacturing any good, product or structure, or the removal of asbestos from any good,
product or structure, or the manufacture, sale, transportation, storage or disposal of asbestos
or goods or products containing asbestos.
r. Personal and Advertising Injury
"Bodily injury"or"property damage" arising out of"personal injury"or"advertising injury".
s. Mold, Fungi,or Bacteria
(1) "Bodily injury" or"property damage"which would not have occurred, in whole or in part,
but for the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure
to, existence of, or presence of, any"fungi"or bacteria on or within a building or structure,
including its contents, regardless of whether any other cause, event, material or product
contributed concurrently or in any sequence to such injury or damage.
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(2) Any loss, cost or expenses arising out of the abating, testing for, monitoring, cleaning
up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of,
or in any way responding to, or assessing the effects of, "fungi"or bacteria, by any
covered party, or by any other person or entity.
This exclusion does not apply to any"fungi" or bacteria that are, are on, or are contained in, a
good or product intended for consumption.
The coverage afforded by this agreement does not apply to payment for the investigation or defense
of any loss, injury or damage or any cost, fine or penalty or for any expense or claim or suit related to
any of the above.
Exclusions c. through n.do not apply to damage by fire to premises rented to you. A separate
limit of coverage applies to this coverage as described in LIMITS OF COVERAGE(SECTION
III).
t. Media Content Services Liability
"Bodily injury"or"property damage"arising out of any"media wrongful act" allegedly committed by the
Covered Party or by someone for whom the Covered Party is legally responsible, including liability
"assumed under contract."
For purposes of this exclusion, the phrase"media wrongful act"means any:
(1) Libel, slander, or any other form of defamation or harm to the character or reputation of any
person or entity, including product disparagement or trade libel;
(2) Copyright infringement or misappropriation of property rights, information or ideas or dilution or
infringement of title, slogan trademark, trade name, service mark or service name;
(3) Common law unfair competition or unfair trade practices alleged in conjunction with the acts
described above in (1) and (2);
(4) Invasion or infringement of the right of privacy or publicity, including the torts of intrusion upon
seclusion, publication of private facts, false light, and misappropriation of name or likeness;
(5) Infliction of emotional distress or mental anguish;
(6) False arrest, detention or imprisonment, harassment, trespass, wrongful entry or eviction,
eavesdropping, or other invasion of the right of private occupancy;
(7) Plagiarism, privacy or misappropriation of ideas under implied contracts; and
(8) Economic harm to a third party directly resulting from the party's reliance or failure to rely upon
the content of matter which is false or erroneous
resulting from a Covered Party's acquiring, blogging, broadcasting, collecting, disseminating,
distributing, editing, exhibiting, gathering, obtaining, producing, publishing, releasing, researching,
recording, tweeting or uttering matter through traditional and digital methods including but not limited
to cable television, radio, movie and music studios, newspapers, magazines, books and print
publications, website, apps, CD-ROMs and DVDs.
For purposes of this exclusion, the phrase"assumed under contract"means liability for damages for
"bodily injury"or"property damage"which the Covered Party is required to indemnify based upon a
written contract, hold harmless agreement, indemnity agreement, or similar arrangement, which
document: (i)was executed by the Covered Party prior to the occurrence of the"bodily injury" or
"property damage"for which indemnity is sought, and (ii) requires the Covered Party to indemnify for
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"bodily injury" or"property damage" caused in whole or in part by the content of media material used
in a media communication.
u. Access or Disclosure of Confidential or Personal Information and Data-related Liability
Damages arising out of:
(1) Any access to or disclosure of any person's or organization's confidential or personal information,
including but not limited to patents, trade secrets, processing methods, customer lists, proprietary
information, financial information, banking information, investment information, charge card
information, debit card information, credit card information, cardholder data as defined under PCI-
DSS, health information, social security numbers, driver's license or state identification numbers,
access codes, passwords, personal identification numbers, or any other type of nonpublic
information;
(2) Failure to timely disclose any unauthorized access to or disclosure of any person's or
organization's confidential or personal information, including but not limited to the items listed in
Paragraph (1) above; or
(3) The loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate
"electronic data."
This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses,
forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others
arising out of that which is described in Paragraph (1), (2), or(3)above.
However, unless Paragraph (1) or(2)above applies, this exclusion does not apply to damages because
of"bodily injury".
As used in this exclusion, "electronic data"means information, facts or programs stored as or on, created
or used on, or transmitted to or from computer software, including systems and applications software,
hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which
are used with electronically controlled equipment.
B. PERSONAL AND ADVERTISING INJURY LIABILITY
1. Coverage Agreement.
a. We will pay those sums that the covered party becomes legally obligated to pay as damages because
of"personal injury"or"advertising injury"to which this coverage form applies. We will have the right
and duty to defend the covered party against any"suit"seeking those damages. However, we will have
no duty to defend the Covered Party against any"suit"seeking damages for"personal injury" or
"advertising injury"to which this coverage does not apply. We may, at our discretion, investigate any
"occurrence" or offense and settle any claim or"suit"that may result. But:
(1) The amount we will pay for damages is limited as described in LIMITS OF
COVERAGE (SECTION III); and
(2) Our right and duty to defend end when we have used up the applicable limit of coverage
in the payment of judgments or settlements under SECTION I Coverage A or B.
No other obligation or liability to pay sums or perform acts or services is covered unless
explicitly provided for under SUPPLEMENTARY PAYMENTS -COVERAGES A and B.
b. This coverage agreement applies to:
(1) "Personal injury" caused by an offense arising out of your business, excluding
advertising, publishing, broadcasting or telecasting done by or for you; and
(2) "Advertising injury"caused by an offense committed in the course of advertising your
goods, products or services.
c. This coverage applies to"personal injury"and "advertising injury" only if:
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(1) The"personal injury" or"advertising injury" is caused by an "occurrence"that takes place
in the"coverage territory"; and
(2) The"personal injury" or"advertising injury"occurs during the agreement period.
2. Exclusions.
This coverage agreement does not apply to:
a. "Personal injury" or"advertising injury":
(1) Arising out of oral or written publication of material, if done by or at the direction of the
covered party with knowledge of its falsity;
(2) Arising out of oral or written publication of material whose first publication took place
before the beginning of the agreement period;
(3) Arising out of a criminal act committed by or at the direction of the covered party; or
(4) For which the covered party has assumed liability in a contract or agreement. This
exclusion does not apply to liability for damages that the covered party would have in the
absence of the contract or agreement.
b. "Advertising injury"arising out of:
(1) Breach of contract, other than misappropriation of advertising ideas under an implied contract;
(2) The failure of goods, products or services to conform with advertised quality or performance;
(3) The wrong description of the price of goods, products or services; or
(4) An offense committed by a covered party whose business is advertising,
broadcasting, publishing or telecasting.
c. "Personal injury" or"advertising injury"expected or intended from the standpoint of the covered party
d. "Personal injury"or"advertising injury"arising out of any act or omission resulting from law
enforcement activities of any police department or any other law enforcement agencies,
including their agents or employees. Except coverage will be provided for"personal injury" or
"advertising injury"for your vicarious liability arising out of an act or omission by a law
enforcement agency that is not owned, operated or controlled by the "covered party" if the
"covered party" has contracted with an outside agency to provide law enforcement for your
entity. This coverage is capped at the lesser of the per occurrence limit of liability shown on
the general liability coverage part declarations or at$2,000,000.
e. "Personal injury"or"advertising injury"arising out of inhaling, ingesting or prolonged
exposure to asbestos or goods or products containing asbestos, or the use of asbestos in
constructing or manufacturing any good, product or structure, or the removal of asbestos
from any good, product or structure, or the manufacture, sale, transportation, storage or
disposal of asbestos or goods or products containing asbestos.
f. "Personal injury"or"advertising injury"which would not have occurred, in whole or in part,
but for the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to,
existence of, or presence of, any"fungi" or bacteria on or within a building or structure,
including its contents, regardless of whether any other cause, event, material or product
contributed concurrently or in any sequence to such injury or damage.
g. "Personal injury"or"advertising injury"arising out of an electronic chatroom or bulletin
board the covered party hosts, owns, or over which the covered party exercises control.
h. "Personal injury" or"advertising injury"arising out of the actual, alleged or threatened
discharge, dispersal, seepage, migration, release or escape of"pollutants" at any time.
i. Any loss, cost or expense arising out of any:
(1) Request, demand, order or statutory or regulatory requirement that any covered party or
others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any
way respond to, or assess the effects of, "pollutants"; or
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(2) Claim or suit by or on behalf of a governmental authority for damages because of testing
for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or
in any way responding to, or assessing the effects of, "pollutants".
j. "Personal injury"or"advertising injury", however caused, arising, directly or indirectly, out of
war, including undeclared or civil war, warlike action by a military force, or insurrection,
rebellion, revolution, usurped power, or action taken by governmental authority in hindering
or defending against any of these.
k. Media Content Service Liability
"Personal injury" or"advertising injury"arising out of any"media wrongful act"allegedly committed
by the Covered Party or by someone for whom the Covered Party is legally responsible, including
liability"assumed under contract."
For purposes of this exclusion, the phrase"media wrongful act" means any:
(1) Libel, slander, or any other form of defamation or harm to the character or reputation of any
person or entity, including product disparagement or trade libel;
(2) Copyright infringement or misappropriation of property rights, information or ideas or dilution or
infringement of title, slogan trademark, trade name, service mark or service name;
(3) Common law unfair competition or unfair trade practices alleged in conjunction with the acts
described above in (1) and (2);
(4) Invasion or infringement of the right of privacy or publicity, including the torts of intrusion upon
seclusion, publication of private facts, false light, and misappropriation of name or likeness;
(5) Infliction of emotional distress or mental anguish;
(6) False arrest, detention or imprisonment, harassment, trespass, wrongful entry or eviction,
eavesdropping, or other invasion of the right of private occupancy;
(7) Plagiarism, privacy or misappropriation of ideas under implied contracts; and
(8) Economic harm to a third party directly resulting from the party's reliance or failure to rely upon
the content of matter which is false or erroneous
resulting from a Covered Party's acquiring, blogging, broadcasting, collecting, disseminating,
distributing, editing, exhibiting, gathering, obtaining, producing, publishing, releasing, researching,
recording, tweeting or uttering matter through traditional and digital methods including but not
limited to cable television, radio, movie and music studios, newspapers, magazines, books and
print publications, website, apps, CD-ROMs and DVDs.
For purposes of this exclusion, the phrase"assumed under contract" means liability for damages
for"personal injury"or"advertising injury"which the Covered Party is required to indemnify based
upon a written contract, hold harmless agreement, indemnity agreement, or similar arrangement,
which document: (i)was executed by the Covered Party prior to the occurrence of the"personal
injury" or"advertising injury"for which indemnity is sought, and (ii) requires the Covered Party to
indemnify for"personal injury"or"advertising injury" caused in whole or in part by the content of
media material used in a media communication.
I. Access or Disclosure of Confidential or Personal Information and Data-related Liability
"Personal injury" or"advertising injury"arising out of:
(1) Any access to or disclosure of any person's or organization's confidential or personal information,
including but not limited to patents, trade secrets, processing methods, customer lists, proprietary
information, financial information, banking information, investment information, charge card
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information, debit card information, credit card information, cardholder data as defined under PCI-
DSS, health information, social security numbers, driver's license or state identification numbers,
access codes, passwords, personal identification numbers, or any other type of nonpublic
information;
(2) Failure to timely disclose any unauthorized access to or disclosure of any person's or
organization's confidential or personal information, including but not limited to the items listed in
Paragraph (1) above; or
This exclusion applies even if damages are claimed for notification costs, credit monitoring
expenses, forensic expenses, public relations expenses or any other loss, cost or expense
incurred by you or others arising out of that which is described in Paragraph (1), (2), or(3)above.
C. HERBICIDE AND PESTICIDE
We will pay the lesser of the General Bodily Injury and Property Damage per occurrence limit or
$1,000,000 whichever is less, for"damages,"defense costs and/or claims expenses because of
"bodily injury"or"property damage"caused by an "occurrence,"which result from any"suits"
otherwise covered by this Coverage Agreement, arising in whole or in part out of the application of
herbicides and/or pesticides.
Our limit of liability shall not exceed the lesser of the General Aggregate Limit or$1,000,000 in the
aggregate whichever is less for all "damages" defense cost and/or claims expenses, which result from
any and all, covered "suits"arising out of the application of such herbicides and/or pesticides.
D. MEDICAL PAYMENTS (Provided if limits are shown on Declarations Page)
1. Coverage Agreement
a. We will pay medical expenses as described below for"bodily injury"caused by an accident:
(1) On premises you own or rent;
(2) On ways next to premises you own or rent; or
(3) Because of your operations;
provided that:
(a) The accident takes place in the"coverage territory"and during the agreement period;
(b) The expenses are incurred and reported to us within one year of the date of the
accident; and
(c) The injured person submits to examination, at our expense, by physicians of our
choice as often as we reasonably require.
b. We will make these payments regardless of fault. These payments will not exceed the applicable
limit of coverage as shown in the Declarations. We will pay reasonable expenses for:
(1) First aid administered at the time of an accident;
(2) Necessary medical, surgical, x-ray and dental services, including prosthetic devices; and
(3) Necessary ambulance, hospital, professional nursing and funeral services.
2. Exclusions related to Medical Payments
We will not pay expenses for"bodily injury":
a. Any Insured
To any Covered Party, except"volunteer workers."
b. Hired Person
To a person hired to do work for or on behalf of any Covered Party or a tenant of any Covered Party.
c. Injury On Normally Occupied Premises
To a person injured on that part of premises you own or rent that the person normally occupies.
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d. Workers Compensation And Similar Laws
To a person, whether or not an "employee"of any Covered Party, if benefits for the"bodily
injury" are payable or must be provided under a workers' compensation or disability benefits law
or a similar law.
e. Athletics Activities
To a person injured while practicing, instructing or participating in any physical exercises or
games, sports, or athletic contests.
f. Products-Completed Operations Hazard
Included within the"products-completed operations hazard."
g. Coverage A Exclusions
Excluded under Coverage A.
E. SEWER BACKUP &WATER DAMAGE COVERAGE
(Provided if limits are shown on Declarations Page)
1. Coverage Agreement
We will pay damages as described below for"property damage," excluding loss of use of tangible
property, caused by an "occurrence" resulting from bursting or failure of man-made sewer, storm
water, grey water, or potable water supply pipes owned and maintained by you:
a. On premises that you do not own or rent;
b. Because of your operations; provided that:
c. The"occurrence"takes place in the"coverage territory"and during the Coverage Agreement
period; and
d. The damages are incurred and reported to us within one year of the date of the"occurrence."
Coverage for this loss shall be subject to a limit of$10,000 per claimant, or$200,000 in the
aggregate. If the Covered Party is found to be negligent, coverage for the loss will be subject to
a limit of$200,000 per claimant and in the aggregate.All payments under this section are
capped at$200,000 in the annual aggregate during the Coverage Agreement period. The
deductible/self insured retention will only apply to claims under this section when the Covered
Party is found to be negligent.
2. Right and Duty to Defend
We will have the right and duty to defend the Covered Party against any"suit"seeking those damages
described in Section I.E.1. above. However,we will have no duty to defend the Covered Party against
any"suit" seeking damages to which this coverage does not apply. We may, at our discretion, investigate
any"occurrence" and settle any claim or"suit"that may result. But:
a. The amount we will pay for expenses we incur in defending the Covered Party, investigating
any"occurrence", or damages, or any combination thereof, shall be subject to a limit of
$200,000 in the annual aggregate during the Coverage Agreement period;
b. Our right and duty to defend ends when we have used up the applicable limit of coverage of
$200,000 in the annual aggregate during the Coverage Agreement period in the payment of:
(1) expenses we incur in defending the Covered Party and investigating any"occurrence";
(2) damages under Coverage E.; or
(3) any combination thereof; and
c. Our obligation under the Sewer Backup &Water Damage Coverage to pay expenses we incur
or damages on your behalf applies only to the amount of expenses and damages in excess of
any deductible amounts stated in the declarations applicable to such coverage.
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No other obligation or liability to pay sums or perform acts or services is covered under the Sewer
Backup&Water Damage Coverage, Section I.E.
We are not obligated to pay any damages, expenses incurred in defending the Covered Party, or
expenses incurred in investigating any"occurrence", or to continue to defend any"suit"or continue
to investigate any "occurrence", after the applicable limit of liability of$200,000 in the annual
aggregate during the Coverage Agreement period has been exhausted by payment of damages,
expenses incurred in defending the Covered Party, or expenses incurred in investigating any
"occurrence", or any combination thereof.
3. Exclusions related to Sewer Backup and Water Damage Coverage:
We will not pay for"property damage":
a. Included within the"products-completed operations hazard",
b. Excluded under Section 1 Coverages A or B;
c. Due to war whether or not declared, or any act or condition incident to war. War includes
civil war, insurrection, rebellion or revolution.
SUPPLEMENTARY PAYMENTS-COVERAGES A AND B
We will pay, with respect to any claim or"suit"we defend:
1. All expenses we incur.
2. Up to$1,000 for cost of bail bonds required because of accidents or traffic law violations arising
out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not
have to furnish these bonds.
3. The cost of bonds to release attachments, but only for bond amounts within the applicable
limit of coverage. We do not have to furnish these bonds.
4. All reasonable expenses incurred by the covered party at our request to assist us in the
investigation or defense of the claim or"suit," including actual loss of earnings up to$300 a day
because of time off from work.
5. All costs taxed against the covered party in the"suit."
6. Prejudgment interest awarded against the covered party on that part of the judgment we pay. If we
make an offer to pay the applicable limit of coverage, we will not pay any prejudgment interest
based on that period of time after the offer.
7. All interest on the full amount of any judgment that accrues after entry of the judgment and before
we have paid, offered to pay, or deposited in court the part of the judgment that is within the
applicable limit of coverage.
8. Expenses incurred by the covered party for first aid to others at the time of an accident for"bodily
injury" to which this coverage agreement applies.
9. Up to$100,000 in aggregate for"personal injury"and related expense for any duly elected or
appointed official of any board or commission or agency of yours while acting outside the course
and scope of their duties as authorized by you, but only with respect to"personal injury" resulting
from his/her affiliation with you. The coverage provided to such individual is excess over any
other insurance or coverage specifically insuring against"personal injury"for such individual.
10. Subject to the agreement deductible or Self Insured Retention, we will pay up to$2,500 in
aggregate for"property damage"to personal property in your care, custody or control.
These payments will not reduce the limits of coverage.
SECTION II -WHO IS A COVERED PARTY
A. All branches of government, executive, legislative and judicial, including any department, office,
commission, board, authority, governmental agency or subdivision of any branch of government which
are under the jurisdiction of, and totally within the operating budget of, the covered party named in the
Declarations, and only while working on behalf of the covered party named in the Declarations.
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B. Any duly elected or appointed official or a member of any board or commission or agency of yours
while acting within the course and scope of their employment or as authorized by you.
C. If you are designated in the Declarations as:
1. An individual, you and your spouse are covered parties, but only with respect to the
conduct of a business of which you are the sole owner.
2. A partnership or joint venture, you are a covered party. Your members, your partners, and their
spouses are also covered parties, but only with respect to the conduct of your business.
3. An organization other than a partnership or joint venture, you are a covered party. Your executive
officers and directors are covered parties, but only with respect to their duties as your officers or
directors. Your stockholders are also covered parties, but only with respect to their liability as
stockholders.
D. Each of the following is also a covered party:
1. Your employees, other than your executive officers, but only for acts within the scope of their employment
by you. However, no employee is a covered party for:
a. "Bodily injury"or"personal injury"to you or to a co-employee while in the course of his or her
employment, or the spouse, child, parent, brother or sister of that co-employee as a
consequence of such "bodily injury"or"personal injury," or for any obligation to share
damages with or repay someone else who must pay damages because of the injury; or
b. "Bodily injury"or"personal injury"arising out of his or her providing or failing to provide
"professional health care services"; or
c. "Property damage"to property owned or occupied by or rented or loaned to that employee,
any of your other employees, or any of your partners or members (if you are a partnership or
joint venture).
2. The Medical Director to the extent he/she is an agent of the covered Florida Public Entity, but solely while
acting within the course and scope of their duties as Medical Director as outlined in Florida Statute
401.265.
3. Your authorized volunteer or leased employee who are deemed as your agent, but only while under your
supervision and in the course and scope of work approved by you.
E. With respect to"mobile equipment" registered in your name under any motor vehicle registration law,
any person is a covered party while driving such equipment along a public highway with your
permission. Any other person or organization responsible for the conduct of such person is also a
covered party, but only with respect to liability arising out of the operation of the equipment, and only if
no other insurance or coverage of any kind is available to that person or organization for this liability.
However, no person or organization is a covered party with respect to:
1. "Bodily injury"to a co-employee of the person driving the equipment; or
2. "Property damage"to property owned by, rented to, in the charge of or occupied by you or the
employer of any person who is a covered party under this provision.
F. Any organization you newly acquire or form, other than a partnership or joint venture, and over which you
maintain ownership or majority interest, will qualify as a named Covered Party if there is no other similar
insurance available to that organization. However:
1. Coverage under this provision is afforded only until the 90th day after you acquire or
form the organization or the end of the agreement period, whichever is earlier;
2. Section I Coverage A does not apply to"bodily injury"or"property damage"that occurred
before you acquired or formed the organization; and
3. Section I Coverage B does not apply to"personal injury" or"advertising injury" arising out of an
offense committed before you acquired or formed the organization.
No person or organization is a covered party with respect to the conduct of any current or past
partnership or joint venture that is not shown as a named Covered Party in the Declarations.
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SECTION III -LIMITS OF COVERAGE
A. The Limits of Coverage shown in the Declarations and the rules below fix the most we will pay
regardless of the number of:
1. Covered Parties;
2. Claims made or"suits"brought; or
3. Persons or organizations making claims or bringing "suits."
B. The General Aggregate Limit is the most we will pay for the sum of:
1. Damages under SECTION I Coverage A, except damages because of"bodily injury"or
"property damage" included in the "products-completed operations hazard;" and
2. Damages under SECTION I Coverage B.
C. The Products-Completed Operations Aggregate Limit is the most we will pay under SECTION I
Coverage A for damages because of"bodily injury"and"property damage" included in the"products-
completed operations hazard."
D. Subject to B. above, the Personal and Advertising Injury Limit is the most we will pay under SECTION
I Coverage B for the sum of all damages because of all"personal injury" and all "advertising injury"
sustained by any one person or organization.
E. The Fire Damage Limit is the most we will pay under SECTION I Coverage A for damages
because of"property damage"to premises rented to you arising out of any one fire.
F. The most we will pay is further limited by the limitations set forth in Section 768.28(5), Florida Statutes
(2010) or the equivalent limitations of successor law which are applicable at the time of the loss.
G. However, subject to and limited by B., C., D., E., and F.above, we will pay:
1. The amount indicated when a claims bill enacted by the Florida Legislature in accordance with
Section 768.28 (5) Florida Statutes becomes law;
2. The amount determined by a court of competent jurisdiction for liable action taken outside the
state of Florida for claims where the injury or damage originated from an occurrence outside the
state of Florida; or
3. The amount shown in the declarations when Florida Statutes Section 768.28 (5) is deemed
inapplicable by a competent court in Florida.
H. Damages will not include:
1. taxes, fines, penalties, or sanctions;
2. punitive or exemplary damages or the multiple portion of any multiplied damages award;
3. matters uninsurable under the laws pursuant to which this coverage agreement is constructed; or
4. the cost to comply with any injunctive or any other non-monetary or declaratory relief, including
specific performance, or any agreement to provide such relief.
SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS
A. Bankruptcy.
Bankruptcy or insolvency of the Covered Party or of the Covered Party's estate will not relieve us
of our obligations under this Coverage Agreement.
B. Duties In The Event Of Occurrence, Claim Or Suit.
1. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which
may result in a claim. To the extent possible, notice should include:
a. How, when and where the "occurrence" or offense took place;
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b. The names and addresses of any injured persons and witnesses; and
c. The nature and location of any injury or damage arising out of the"occurrence"or offense.
2. If a claim is made or"suit" is brought against any Covered Party, you must:
a. Immediately record the specifics of the claim or"suit"and the date received; and
b. Notify us as soon as practicable.
You must see to it that we receive written notice of the claim or"suit"as soon as practicable.
3. You and any other involved covered party must:
a. Immediately send us copies of any demands, notices, summonses or legal papers
received in connection with the claim or"suit";
b. Authorize us to obtain records and other information;
c. Cooperate with us in the investigation, settlement or defense of the claim or"suit"; and
d. Assist us, upon our request, in the enforcement of any right against any person or
organization that may be liable to the covered party because of injury or damage to which this
coverage agreement may also apply.
4. No covered parties will, except at their own cost, voluntarily make a payment, assume any
obligation, or incur any expense, other than for first aid, without our consent.
C. Legal Action Against Us.
No person or organization has a right under this Coverage Agreement:
1. To join us as a party or otherwise bring us into a"suit"asking for damages from a covered party; or
2. To sue us on this Coverage Agreement unless all of its terms have been fully complied with.
A person or organization may sue us to recover on an agreed settlement or on a final judgment
against a Covered Party obtained after an actual trial; but we will not be liable for damages that are not
payable under the terms of this Coverage Agreement or that are in excess of the applicable limit of
coverage. An agreed settlement means a settlement and release of liability signed by us, the Covered
Party and the claimant or the claimant's legal representative.
D. Representations.
By accepting this agreement, you agree:
1. The statements in the Declarations are accurate and complete;
2. Those statements are based upon representations you made to us; and
3. We have issued this agreement in reliance upon your representations.
E. Separation Of Covered Parties.
Except with respect to the Limits of Coverage, and any rights or duties specifically assigned in this
Coverage Agreement to the first named Covered Party, this coverage agreement applies:
1. As if each named Covered Party were the only named Covered Party; and
2. Separately to each covered party against whom claim is made or"suit" is brought.
F. Transfer Of Rights Of Recovery Against Others To Us.
If the covered party has rights to recover all or part of any payment we have made under this
Coverage Agreement, those rights are transferred to us. The covered party must do nothing after
loss to impair them. At our request, the covered party will bring "suit" or transfer those rights to us
and help us enforce them.
G. When We Do Not Renew.
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If we decide not to renew this Coverage Agreement, we will mail or deliver to the first named Covered
Party shown in the Declarations written notice of the nonrenewal not less than 60 days before the
expiration date.
If notice is mailed, proof of mailing will be sufficient proof of notice.
H. Support and Cooperation in Opposition to Claim Bill Legislation
If we act to oppose legislation brought forth in accordance with Florida Statute 768.28, arising from a
covered occurrence, you shall use your best efforts to provide us with positive support and cooperation
in such opposition.
Such positive support and cooperation shall include, but is not limited to:
1. Formal proclamations or resolutions by your governing board in opposition to such legislation;
2. Oral or written testimony of your officials and employees at legislative hearings or other
legislative proceedings in opposition to such legislation; and
3. Personal contact by your officials and employees with legislators identified by us.
I. Coordination of Coverage with Public Officials Liability
In the event of a suit of claim triggering coverage under this Coverage Part and the PUBLIC
OFFICIALS LIABILITY COVERAGE PART, the terms and conditions in PGIT MN-090,
D. COORDINATION OF COVERAGES also apply.
J. Other Coverage or Insurance
In the event you have other coverage or insurance subject to the same plan, terms, conditions, and provisions
under this Coverage Part, the coverage provided by this Coverage Form is excess over any other coverage or
insurance.
SECTION V-DEFINITIONS
A. "Advertising injury" means injury arising out of one or more of the following offenses:
1. Oral or written publication of material that slanders or libels a person or organization or
disparages a person's or organization's goods, products or services;
2. Oral or written publication of material that violates a person's right of privacy;
3. Misappropriation of advertising ideas or style of doing business; or
4. Infringement of copyright, title or slogan.
B. "Auto" means a land motor vehicle, trailer or semitrailer designed for travel on public roads,
including any attached machinery or equipment. But"auto" does not include "mobile equipment."
C. "Bodily injury"means bodily injury, sickness or disease sustained by a person, including death resulting
from any of these at any time.
D. "Coverage territory" means:
1. The United States of America (including its territories and possessions), Puerto Rico and Canada;
2. International waters or airspace, provided the injury or damage does not occur in the course of
travel or transportation to or from any place not included in 1. above; or
3. All parts of the world if:
a. The injury or damage arises out of:
(1)Goods or products made or sold by you in the territory described in 1. above; or
(2)The activities of a person whose home is in the territory described in 1. above, but is away
for a short time on your business; and
b. The covered party's responsibility to pay damages is determined in a "suit" on the merits,
in the territory described in 1. above or in a settlement we agree to.
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E. "Fungi" means any type or form of fungus, including mold or mildew and any mycotoxins, spores,
scents or byproducts produced or released by fungi.
F. "Impaired property" means tangible property, other than "your product"or"your work,"that cannot be
used or is less useful because:
1. It incorporates"your product"or"your work"that is known or thought to be defective,
deficient, inadequate or dangerous; or
2. You have failed to fulfill the terms of a contract or
agreement; or if such property can be restored to use by:
3. The repair, replacement, adjustment or removal of"your product" or"your work"; or
4. Your fulfilling the terms of the contract or agreement.
G. "Insured contract" means an agreement between two or more cities, counties, special districts, or
other governmental bodies regarding:
1. A lease of premises;
2. A sidetrack agreement;
3. Any easement or license agreement, except in connection with construction or demolition
operations on or within 50 feet of a railroad;
4. An obligation, as required by ordinance, to indemnify a municipality, except in connection with
work for a municipality;
5. An elevator maintenance agreement;
6. Where permitted by Florida Statute 768.28, that part of any other contract or agreement pertaining
to your business (including an indemnification of a municipality in connection with work performed
for a municipality) under which you assume the tort liability of another public entity to pay for
"bodily injury" or"property damage"to a third person or organization. Tort liability means a liability
that would be imposed by law in the absence of any contract or agreement.
An "insured contract"does not include that part of any contract or agreement:
7. That indemnifies any person or organization for"bodily injury" or"property damage" arising out of
construction or demolition operations, within 50 feet of any railroad property and affecting any railroad
bridge or trestle, tracks, roadbeds, tunnel, underpass or crossing;
8. That indemnifies an architect, engineer or surveyor for injury or damage arising out of:
a. Preparing, approving or failing to prepare or approve maps, drawings, opinions, reports,
surveys, change orders, designs or specifications; or
b. Giving directions or instructions, or failing to give them, if that is the primary cause of the
injury or damage;
c. Under which the covered party, if an architect, engineer or surveyor, assumes liability for an
injury or damage arising out of the covered party's rendering or failure to render professional
services, including those listed in b. above and supervisory, inspection or engineering
services; or
d. That indemnifies any person or organization for damage by fire to premises rented or loaned to you.
9. That does not comply with Florida Statute 768.28.
H. "Loading or unloading" means the handling of property:
1. After it is moved from the place where it is accepted for movement into or onto an aircraft,
watercraft or"auto";
2. While it is in or on an aircraft, watercraft or"auto"; or
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3. While it is being moved from an aircraft, watercraft or"auto"to the place where it is finally
delivered; but"loading or unloading"does not include the movement of property by means of a
mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or"auto."
I. "Mobile equipment" means any of the following types of land vehicles, including any attached
machinery or equipment:
1. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads;
2. Vehicles maintained for use solely on or next to premises you own or rent;
3. Vehicles that travel on crawler treads;
4. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted:
a. Power cranes, shovels, loaders, diggers or drills; or
b. Road construction or resurfacing equipment such as graders, scrapers or rollers;
5. Vehicles not described in 1., 2., 3. or 4. above that are not self-propelled and are maintained primarily to
provide mobility to permanently attached equipment of the following types:
a. Air compressors, pumps and generators, including spraying, welding, building cleaning,
geophysical exploration, lighting and well servicing equipment; or
b. Cherry pickers and similar devices used to raise or lower workers;
6. Vehicles not described in 1., 2., 3. or 4. above maintained primarily for purposes other than the
transportation of persons or cargo.
However, self-propelled vehicles with the following types of permanently attached equipment are not
"mobile equipment" but will be considered"autos":
a. Equipment designed primarily for:
(1) Snow removal;
(2) Road maintenance, but not construction or resurfacing;
(3) Street cleaning;
b. Cherry pickers and similar devices mounted on automobile or truck chassis and used to
raise or lower workers; and
c. Air compressors, pumps and generators, including spraying, welding, building cleaning,
geophysical exploration, lighting and well servicing equipment.
J. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general
harmful conditions.
K. "Personal injury" means injury, other than "bodily injury," arising out of one or more of the following offenses:
1. Malicious prosecution;
2. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a
room, dwelling or premises that a person occupies by or on behalf of its owner, landlord, or
lessor;
3. Oral or written publication of material that slanders or libels a person or organization or
disparages a person's or organization's goods, products or services; or
4. Oral or written publication of material that violates a person's right of privacy.
L. "Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke,
vapor, soot,fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled,
reconditioned or reclaimed.
M. 1. "Products-completed operations hazard" includes all "bodily injury" and "property damage" occurring
away from premises you own or rent and arising out of"your product"or"your work" except:
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a. Products that are still in your physical possession; or
b. Work that has not yet been completed or abandoned.
2. "Your work"will be deemed completed at the earliest of the following times:
a. When all of the work called for in your contract has been completed.
b. When all of the work to be done at the site has been completed if your contract calls for work at
more than one site.
c. When that part of the work done at a job site has been put to its intended use by any
person or organization other than another contractor or subcontractor working on the
same project.
Work that may need service, maintenance, correction, repair or replacement, but which is
otherwise complete, will be treated as completed.
3. This hazard does not include "bodily injury" or"property damage" arising out of:
a. The transportation of property, unless the injury or damage arises out of a condition in or on a
vehicle created by the"loading or unloading"of it;
b. The existence of tools, uninstalled equipment or abandoned or unused materials;
c. Products or operations for which the classification in this Coverage Form or in our manual
of rules includes products or completed operations.
N. "Professional health care services" means any medical, surgical, nursing, psychiatric or dental
service, except:
1. The acts of certified emergency medical service personnel in the course and scope of their duties; or
2. The acts of a Medical Director in the course and scope of their duties as outlined in Florida
Statute 401.265.
O. "Property damage"means:
1. Physical injury to tangible property, including all resulting loss of use of that property. All such loss
of use shall be deemed to occur at the time of the physical injury that caused it; or
2. Loss of use of tangible property that is not physically injured. All such loss shall be deemed to
occur at the time of the"occurrence"that caused it.
P. "Suit" means a civil proceeding in which damage because of"bodily injury,""property damage,"
"personal injury" or"advertising injury"to which this coverage agreement applies are alleged. "Suit"
includes:
1. An arbitration proceeding in which such damages are claimed and to which you must submit or do
submit with our consent; or
2. Any other alternative dispute resolution proceeding in which such damages are claimed and to which
you submit with our consent.
Q. "Your product"
1. means: any goods or products, other than real property, manufactured, sold, handled, distributed or
disposed of by:
a. You;
b. Others trading under your name; or
c. A person or organization whose business or assets you have acquired; and
2. means: containers (other than vehicles), materials, parts or equipment furnished in connection with such
goods or products.
3. includes: warranties or representations made at any time with respect to the fitness, quality,
durability, performance or use of"your product"; and
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4. Includes: the providing of or failure to provide warnings or instructions.
"Your product" does not include vending machines or other property rented to or located for the use of
others but not sold.
R. "Your work"
1. means: work or operations performed by you or on your behalf; and
2. means: materials, parts or equipment furnished in connection with such work or operations.
3. includes: warranties or representations made at any time with respect to the fitness, quality,
durability, performance or use of"your work"; and
4. includes: the providing of or failure to provide warnings or instructions.
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PreferredIdVERNMENTAL
INSURANCE TRUST PUBLIC ENTITY
PREFERRED ENDORSEMENT
THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY.
This endorsement modifies coverage provided under the GENERAL LIABILITY COVERAGE FORM, PGIT MN-
200, and LAW ENFORCEMENT LIABILITY PGIT MN-208:
This coverage does not apply to any liability:
A. Arising out of or caused or contributed to by any ownership, maintenance, operation, use, loading, unloading
or control of or responsibility for any airfield, aircraft, runway, hangar, building or other property or facility
designed for, used, connected, associated or affiliated with or in any way related to aviation or aviation
activities; this exclusion does not apply to premises exposure for those common areas open to the public
including but not limited to parking areas, sidewalks, and terminal buildings.
B. Alleging, based upon, arising out of or attributable to inverse condemnation, eminent domain, temporary or
permanent taking, adverse possession, dedication by adverse use, condemnation proceedings, or claims
brought under Florida Statute 70.001, the"Bert J. Harris, Jr., Private Property Rights Protection Act,"or any
similar claim by whatever name called.
However, we will pay up to $100,000 per occurrence and aggregate, inclusive of expenses and after
the application of the General Liability Deductible for a claim alleging, based upon, arising out of or
attributable to inverse condemnation, eminent domain, temporary or permanent taking, adverse
possession, dedication by adverse use, condemnation proceedings, or claims brought under Florida
Statute 70.001, the "Bert J. Harris, Jr., Private Property Rights Protection Act,"or any similar claim by
whatever name called;
C. arising out of, in connection with or caused or contributed to by any failure or inability to supply or any
interruption of any adequate quantity of power, steam, pressure, or fuel;
D. arising out of or caused or contributed to by any subsidence, erosion or earth movement. We do not insure
for such loss regardless of: (1)the cause of the excluded event; or(2) other causes of the loss; or(3)
whether other causes acted concurrently or in any sequence with the excluded event to produce the loss; or
(4)whether the event occurs suddenly or gradually, involves isolated or widespread damage, arises from
natural, man-made, or external forces, or occurs as a result of any combination of these.
E. arising out of or caused or contributed to by any operation, maintenance, use, ownership or control of or
responsibility for any:
1. Hospital;
2. Clinic;
3. Treatment center or other public medical, psychiatric or psychological facility
4. Medical, psychiatric or psychological treatment facility or infirmary at a prison,jail or other correctional
facility of incarceration
5. Any other facility which is similar or related to any of the foregoing;
F. arising out of"bodily injury"or"property damage" if such "bodily injury"or"property damage" is due to the
rendering or failure to render any "professional health care services," but not including emergency
medical services for first aid performed by emergency medical technicians, paramedics or Medical
Director while in the course and scope of their duties.
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G. arising out of or caused or contributed to by or connected with any actual or alleged violation of the
Employee Retirement Income Security Act of 1974 (Public Law 93-406) or any amendment thereto or any
similar provision of any local, state or federal law, statutory or common.
H. arising out of or caused or contributed to by any actual or alleged illegal discrimination;
I. arising out of the sale or distribution or handling of contaminants or pollutants including but not limited to
acids, alkaloids, chemicals, fungus, metals, mold or bacteria in water sold, handled or distributed on behalf
of the named COVERED PARTY.
J. arising out of any claim for injunctive, declaratory, or equitable relief and costs inclusive of any attorney's
fees arising there from.
K. arising out of or caused by or contributed to by any actual or alleged deterioration, bursting, inadequacy,
design of, control of, maintenance of, or any other alleged responsibility for any structure device, or water
course, natural or man-made, including but not limited to: dams, reservoirs, levees, banks, embankments,
gates, canals, ditches, gutters, sewers, aqueducts, channels, culverts, retaining walls, drains, tanks,
watersheds, or drains, a purpose of which is the containing, carrying, impeding, channeling, diverting, or
draining of water or other liquid. However, if coverage is provided in Section I.E.1. of the General Liability
Coverage Form, PGIT MN-200 by virtue of limits being shown on the Declarations Page, then this Section K
shall not apply to property damage coverage provided in Section I.E of the General Liability Coverage Form,
PGIT MN-200, but only as to the bursting or failure of man-made sewer, storm water, grey water, or potable
water supply pipes owned and maintained by you.
L. arising out of any activity or function by or on behalf of any law enforcement agency or any agent thereof
and/or activity or function related to the administration of the criminal justice system, including secondary
employment of any law enforcement official. Except this exclusion will not apply to your vicarious liability
arising out of an act or omission by a law enforcement agency that is not owned, operated or controlled by
the"covered party" if the "covered party" has contracted with an outside agency to provide law enforcement
for your entity. This coverage will be capped at the lesser of the per occurrence limit of liability shown on the
general liability coverage part declarations or at$2,000,000. Item L is deleted entirely if Law Enforcement
Liability PGIT MN-208 is part of the coverage agreement.
M. arising out of"bodily injury"or"property damage" if such "bodily injury"or"property damage" is due to the
rendering or failure to render any"professional health care services" if the Covered Party:
1. Is not properly licensed or their license is under suspension or has been revoked, surrendered, or
otherwise terminated. This exclusion applies only to the Covered Party whose license is suspended,
revoked, surrendered, or otherwise terminated.
2. Is under the influence of intoxicants or drugs. This exclusion applies only to the Covered Party that was
under the influence of intoxicants or drugs.
N. arising from sexual abuse by any Covered Party committed after initial discovery by any official, trustee,
director, officers, or partners of sexual abuse by such Covered Party,whether the sexual abuse was before
or after such Covered Party was hired by you. However, discovery does not include discovery by the
official, trustee, director, officer, or partner who committed such sexual abuse.
1. Sexual abuse means any actual, attempted or alleged sexual abuse or sexual molestation of a person
by another person, or persons acting in concert, which causes physical and/or mental injuries. Sexual
abuse includes: sexual molestation, sexual assault, sexual exploitation or sexual injury.
2. There is no coverage for either defense or indemnification of any employee or volunteer for sexual
abuse, with respects to any claim based on or arising out of sexual abuse. Such employee or volunteer
worker is not covered as respects to such claim.
3. The annual aggregate limit of liability for all sexual abuse claims is $1,000,000 .
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Preferredl I VERNMENTAL PUBLIC ENTITY
INSURANCE TRUST
COMMUNICABLE DISEASE SUBLIMIT— SPECIFIED OPERATION OR LOCATION
THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY.
This endorsement modifies coverage provided under the GENERAL LIABILITY COVERAGE FORM, PGIT
MN-200 and the LAW ENFORCEMENT LIABILITY FORM, PGIT MN-208
SCHEDULE
Specified Operation(s) or Location(s):
Operation of any jail, prison, or detention facility; not including temporary holding facilities less than 24
hours and/or;
Operation of any elder care, respite care, senior care, nursing care, long term care, group care, or
assisted living facilities.
A. The following exclusion is added to PGIT MN 200 Section I Coverages, A. Bodily Injury and
Property Damage Liability, 2. Exclusions and to PGIT MN 208 Section A Coverage-Law
Enforcement Liability,2. Exclusions:
This coverage agreement does not apply to:
V.
1. Any actual or alleged loss, liability, damage, compensation, injury, sickness, disease,
death, medical payment, defense cost, cost, expense or any other amount, that, directly or
indirectly and regardless of any other cause contributing concurrently or in any sequence;
a. Originates from;
b. Is caused by,
c. Arises out of;
d. Is contributed to by;
e. Results from; or
f. Is otherwise in connection with;
A Communicable Disease or the fear or threat (whether actual or perceived) of a
Communicable Disease.
2. Any cost or expense to clean-up, detoxify, remove, monitor or test for a Communicable
Disease.
This exclusion applies even if the claim against any Insured alleges negligence or other wrongdoing in
the:
PGIT MN-204(10 20) Page 1
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Supervising, hiring, employing, training or monitoring of others that may be infected with and
spread a Communicable Disease;
ii. Testing for a Communicable Disease;
iii. Failure to prevent the spread of the Communicable Disease; or
iv. Failure to report the Communicable Disease to authorities.
This exclusion applies only to the Operation(s) or Location(s) shown in the Schedule above, including
any operations, maintenance, ownership, supervision, management, control or locations that are
necessary or incidental to the Operation(s) or Location(s) shown in the Schedule above.
If a Specified Operation is designated in the Schedule above, this exclusion applies regardless of
where the Specified Operation in the Schedule above is conducted, whether such Operation is
conducted by you or on your behalf, or whether the Operation is conducted for yourself or for others.
If a Specified Location is designated in the Schedule above, this exclusion applies to all liability and all
operations only at such Location. For the purpose of this endorsement, Location means premises
involving the same or connecting lots, or premises whose connection is interrupted only by a street,
roadway, waterway or right-of-way of a railroad.
However, up to $300,000 per occurrence and in the aggregate, inclusive of expenses and defense and
after application of the General Liability Deductible/ Self-Insured Retention is provided for under PGIT
MN 200 SECTION I- COVERAGES, A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY claims
arising out of, caused or contributed to by, resulting from, or otherwise in connection with
Communicable Disease from the above Specified Operation or at the above Specified Location.
B. The following definition is added PGIT MN 200 Section V - Definitions:
S. Communicable Disease means any infection or contagious disease which can be transmitted by
means of any substance or agent from any organism to another organism where:
1) The substance or agent includes, but is not limited to, a virus, bacterium, parasite or other
organism or any variation thereof, whether deemed living or not;
2) Regardless of the method of transmission, whether direct or indirect, includes but is not limited
to, airborne transmission, bodily fluid transmission, transmission from or to any surface or
object, solid, liquid or gas or between humans, animals, or from any animal to any human or
from any human to any animal; and
3) The disease, substance or agent can cause or threaten bodily injury, illness, emotional distress,
damage to human health, human welfare or tangible or intangible property damage.
All other terms and conditions remain unchanged.
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PreferredPUBLIC ENTITYVERNMENTAL
INSURANCE TRUST
EMPLOYEE BENEFITS LIABILITY COVERAGE
(Occurrence)
THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY.
This endorsement modifies coverage provided under the GENERAL LIABILITY COVERAGE FORM, PGIT MN-200:
A. The following is added to SECTION I—COVERAGES:
COVERAGE—EMPLOYEE BENEFITS LIABILITY
1. Coverage Agreement
a. We will pay those sums that the covered party becomes legally obligated to pay as damages because of any
act, error or omission, of the covered party, or of any other person for whose acts the covered party is legally
liable, to which this coverage applies. We will have the right and duty to defend the covered party against
any"suit" seeking damages. However, we will have no duty to defend the covered party against any"suit"
seeking damages to which this coverage does not apply. We may, at our discretion, investigate any report of
an act, error or omission and settle any"claim" or"suit"that may result. But:
(1) The amount we will pay for damages is limited as described in Paragraph D. (Section III —Limits of
Coverage); and
(2) Our right and duty to defend ends when we have used up the applicable limit of coverage in the payment
of judgments or settlements.
No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided
for under Supplementary Payments.
b. This coverage applies to damages only if:
(1) The act, error or omission, is negligently committed in the"administration" of your"employee benefit
program";
(2) The act, error or omission occurs during the coverage agreement period.
2. Exclusions
This coverage does not apply to:
a. Dishonest, Fraudulent, Criminal or Malicious Act
Damages arising out of any intentional, dishonest, fraudulent, criminal or malicious act, error or omission,
committed by any covered party, including the willful or reckless violation of any statute.
b. Bodily Injury, Property Damage, or Personal and Advertising Injury
"Bodily injury,""property damage"or"personal and advertising injury."
c. Failure to Perform A Contract
Damages arising out of failure of performance of contract by any insurer.
d. Insufficiency of Funds
Damages arising out of an insufficiency of funds to meet any obligation under any plan included in the
"employee benefit program."
e. Inadequacy of Performance of Investment/Advice Given with Respect to Participation
Any"claim" based upon:
(1) Failure of any investment to perform;
(2) Errors in providing information on past performance of investment vehicles; or
(3) Advice given to any person with respect to that person's decision to participate or not to participate in
any plan included in the"employee benefit program."
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f. Workers' Compensation and Similar Laws
Any"claim"arising out of your failure to comply with the mandatory provision of any workers' compensation,
unemployment compensation insurance, social security or disability benefits law or any similar law.
g. ERISA
Damages for which any covered party is liable because of liability imposed on a fiduciary by the Employee
Retirement Income Security Act of 1974, as now or hereafter amended, or by any similar federal, state or
local laws.
h. Available Benefits
Any"claim"for benefits to the extent that such benefits are available, with reasonable effort and cooperation
of the covered party, from the applicable funds accrued or other collectible insurance.
i. Taxes, Fines or Penalties
Taxes, fines or penalties, including those imposed under the Internal Revenue Code or any similar state or
local law.
j. Employment-Related Practices
Damages arising out of wrongful termination of employment, discrimination, or other employment-related
practices.
B. For the purposes of the coverage provided by this endorsement Paragraphs 2., 8., 9., and 10. of the Supplementary
Payments do not apply.
C. For the purposes of the coverage provided by this endorsement, the following is added to Section II—Who Is a
Covered Party:
1. Each of the following is also a covered party:
a. Each of your"employees"who is or was authorized to administer your"employee benefit program."
b. Any persons, organizations or"employees" having proper temporary authorization to administer your
"employee benefit program" if you die, but only until your legal representative is appointed.
c. Your legal representative if you die, but only with respect to duties as such. That representative will have all
your rights and duties under this Endorsement.
2. Any organization you newly acquire or form, other than a partnership,joint venture or limited liability company,
and over which you maintain ownership or majority interest, will qualify as a Named Covered Party if no other
similar insurance applies to that organization. However:
a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or
the end of the coverage agreement period, whichever is earlier.
b. Coverage under this provision does not apply to any act, error or omission that was committed before you
acquired or formed the organization.
D. For the purposes of the coverage provided by this endorsement, Section III—Limits of Coverage is replaced by the
following:
1. Limits of Coverage
a. The Limits of Coverage shown in the Schedule and the rules below fix the most we will pay regardless of the
number of:
(1) Covered Parties
(2) "Claims"made or"suits" brought;
(3) Persons or organizations making"claims"or bringing"suits";
(4) Acts, errors or omissions; or
(5) Benefits included in your"employee benefit program."
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b. The Aggregate Limit is the most we will pay for all damages because of acts, errors or omissions negligently
committed in the"administration" of your"employee benefit program."
c. Subject to the Aggregate Limit, the Occurrence Limit is the most we will pay for all damages sustained by
any"employee," including damages sustained by such "employee's"dependents and beneficiaries, as a
result of:
(1) An act, error or omission; or
(2) A series of related acts, errors or omissions negligently committed in the"administration" of your
"employee benefit program."
However, the amount paid under this endorsement shall not exceed, and will be subject to, the limits and
restrictions that apply to the payment of benefits in any plan included in the"employee benefit program."
The Limits of Coverage of this endorsement apply separately to each consecutive annual period and to any
remaining period of less than 12 months, starting with the beginning of the coverage agreement period shown in
the Declarations of the coverage agreement to which this endorsement is attached, unless the coverage
agreement period is extended after issuance for an additional period of less than 12 months. In that case, the
additional period will be deemed part of the last preceding period for purposes of determining the Limits of
Coverage.
2. Deductible
a. Our obligation to pay damages on behalf of the covered party applies only to the amount of damages in
excess of the deductible amount stated in the Schedule as applicable per occurrence. The limits of coverage
shall not be reduced by the amount of this deductible.
b. The deductible amount stated in the Schedule applies to all damages sustained by any"employee," including
such "employee's"dependents and beneficiaries, because of all acts, errors or omissions in which this
coverage applies.
c. The terms of this coverage, including those with respect to:
(1) Our right and duty to defend any"suits" seeking those damages; and
(2) Your duties, and the duties of any other involved covered party, in the event of an act, error or omission,
or"claim"apply irrespective of the application of the deductible amount.
d. We may pay any part or all of the deductible amount to effect settlement of any"claim" or"suit" and upon
notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as we
have paid.
E. For the purposes of the coverage provided by this endorsement, Conditions B.and D.of Section IV—Commercial
General Liability Conditions are replaced by the following:
B. Duties In The Event Of An Act, Error Or Omission, Or"Claim" Or"Suit"
1. You must see to it that we are notified as soon as practicable of an act, error or omission which may result in a
"claim."To the extent possible, notice should include:
a. What the act, error or omission was and when it occurred; and
b. The names and addresses of anyone who may suffer damages as a result of the act, error or omission.
2. If a"claim" is made or"suit" is brought against any covered party, you must:
a. Immediately record the specifics of the"claim"or"suit" and the date received; and
b. Notify us as soon as practicable.
You must see to it that we receive written notice of the"claim"or"suit" as soon as practicable.
3. You and any other involved covered party must:
a. Immediately send us copies of any demands, notices, summonses or legal papers received in connection
with the"claim" or"suit";
b. Authorize us to obtain records and other information;
c. Cooperate with us in the investigation or settlement of the"claim"or defense against the"suit,"and
PGIT MN-205(10 13) Page 3
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d. Assist us, upon our request, in the enforcement of any right against any person or organization which may
be liable to the covered party because of an act, error or omission to which this coverage may also apply.
4. No covered party will, except at that covered party's own cost, voluntarily make a payment, assume any
obligation or incur any expense without our consent.
F. For the purposes of the coverage provided by this endorsement, the following definitions are added to the Definitions
Section:
1. "Administration" means:
a. Providing information to"employees," including their dependents and beneficiaries, with respect to eligibility
for or scope of"employee benefit programs";
b. Handling records in connection with the"employee benefit program"; or
c. 'Effecting, continuing or terminating any"employee's" participation in any benefit included in the"employee
benefit program."
However, "administration"does not include handling payroll deductions.
2. "Cafeteria plans" means plans authorized by applicable law to allow employees to elect to pay for certain benefits
with pre-tax dollars.
3. "Claim" means any demand, or"suit," made by an "employee"or an"employee's" dependents and beneficiaries,
for damages as the result of an act, error or omission.
4. "Employee benefit program" means a program providing some or all of the following benefits to"employees,"
whether provided through a"cafeteria plan" or otherwise:
a. Group life insurance, group accident or health insurance, dental, vision and hearing plans, and flexible
spending accounts, provided that no one other than an "employee" may subscribe to such benefits and such
benefits are made generally available to those"employees"who satisfy the plan's eligibility requirements;
b. Profit sharing plans, employee savings plans, employee stock ownership plans, pension plans and stock
subscription plans, provided that no one other than an "employee" may subscribe to such benefits and such
plans, are made generally available to those"employees"who are eligible under the plan for such benefits;
c. Unemployment insurance, social security benefits, workers' compensation and disability benefits;
d. Vacation plans, including buy and sell programs; leave of absence programs, including military, maternity,
family, and civil leave; tuition assistance plans; transportation and health club subsidies; and
e. Any other similar benefits designated in the Schedule or added thereto by endorsement.
G. For the purposes of the coverage provided by this endorsement, Definition P. of Section V—Definitions is replaced
by the following:
P. "Suit" means a civil proceeding in which damages because of an act, error or omission to which this coverage
applies are alleged. "Suit" includes:
1. An arbitration proceeding in which such damages are claimed and to which the covered party must submit or
does submit with our consent; or
2. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the
covered party submits with our consent.
PGIT MN-205(10 13) Page 4
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PreferredVERNMENTAL PUBLIC ENTITY
INSURANCE TRUST
GENERAL LIABILITY
DEDUCTIBLE LIABILITY COVERAGE
COVERED PARTY: Naples Heritage Community Development District
AGREEMENT NO.: PK FL1 0114007 24-18 ENDORSEMENT EFFECTIVE: 10/01/2024
THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY
This endorsement modifies coverage provided under the GENERAL LIABILITY COVERAGE FORM,
PGIT MN-200:
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by the endorsement.
This endorsement changes the agreement effective on the inception date of the agreement unless another
date is indicated above.
SCHEDULE
GENERAL LIABILITY
Bodily Injury Liability OR $ Per "Claim" $ Per"Occurrence"
Property Damage Liability OR $ Per "Claim" $ Per"Occurrence"
Bodily Injury Liability and/or $ Per "Claim" $0 Per"Occurrence"
Property Damage Liability Combined
EMPLOYEE BENEFITS
Bodily Injury Liability OR $ Per "Claim" $ Per "Occurrence"
Property Damage Liability OR $ Per "Claim" $ Per "Occurrence"
Bodily Injury Liability and/or $ Per "Claim" $0 Per "Occurrence"
Property Damage Liability Combined
LAW ENFORCEMENT LIABILITY
Bodily Injury Liability OR $ Per "Claim" $ Per "Occurrence"
Property Damage Liability OR $ Per "Claim" $ Per "Occurrence"
Bodily Injury Liability and/or $ Per "Claim" $ Per "Occurrence"
Property Damage Liability Combined
(If no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
APPLICATION OF ENDORSEMENT (Enter below any limitations on the application of this endorsement. If no
limitation is entered, the deductibles apply to damages for all "bodily injury" and "property damage," however
caused):
A. Our obligation under the Bodily Injury Liability and Property Damage Liability Coverages to pay damages
on your behalf applies only to the amount of damages in excess of any deductible amounts stated in the
schedule above as applicable to such coverages.
B. You may select a deductible amount on either a per claim or per"occurrence" basis. Your selected
deductible applies to the coverage option and to the basis of the deductible indicated by the placement of
the deductible amount in the Schedule above. The deductible amount stated in the schedule above
applies as follows:
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1. PER CLAIM BASIS. If the deductible amount indicated in the Schedule above is on a per claim basis,
that deductible applies as follows:
a. Under Bodily Injury Liability Coverage, to all damages sustained by any one person because of
"bodily injury";
b. Under Property Damage Liability Coverage, to all damages sustained by any one person because
of"property damage"; or
c. Under Bodily Injury Liability and/or Property Damage Liability Coverage Combined, to all damages
sustained by any one person because of:
(1) "Bodily injury";
(2) "Property damage"; or
(3) "Bodily injury" and "property damage" combined as the result of any one "occurrence."
If damages are claimed for care, loss of services or death resulting at any time from "bodily injury," a
separate deductible amount will be applied to each person making a claim for such damages.
With respect to "property damage," person includes an organization.
2. PER OCCURRENCE BASIS. If the deductible amount indicated in the Schedule above is on a "per
occurrence" basis, that deductible amount applies as follows:
a. Under Bodily Injury Liability Coverage, to all damages because of"bodily injury";
b. Under Property Damage Liability Coverage, to all damages because of"property damage"; or
c. Under Bodily Injury Liability and/or Property Damage Liability Coverage Combined, to all damages
because of:
(1) "Bodily injury";
(2) "Property damage"; or
(3) "Bodily injury" and "property damage" combined
as the result of any one "occurrence," regardless of the number of persons or organizations who
sustain damages because of that"occurrence."
C. The terms of this coverage, including those with respect to:
1. Our right and duty to defend the Covered Party against any "suits" seeking those damages; and
2. Your duties in the event of an "occurrence," claim or"suit"
apply irrespective of the application of the deductible amount.
D.
1. We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and,
upon notification of the action taken, you shall promptly reimburse us for such part of the deductible
amount as has been paid by us.
2. In the event that an occurrence, accident or offense continues beyond the coverage period, the
applicable deductible would apply separately to each coverage period in which the occurrence,
accident or offense was committed or was alleged to have been committed.
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PreferredVERNMEN{AL PUBLIC ENTITY
'NSURANrr Tr"',-
PUBLIC OFFICIALS & EMPLOYMENT PRACTICES LIABILITY
COVERAGE PART DECLARATIONS
COVERED PARTY: Naples Heritage Community Development District
AGREEMENT NO.: PK FL1 0114007 24-18
SCHEDULE OF COVERAGES AND LIMITS OF COVERAGE
Deductibles
Employment Practices Liability $o
Public Officials Liability $o
Coverage is only provided for the coverages indicated by an X.
Coverage
Employment Practices Liability $1,000,00o Per Claim
N/A Aggregate Limit
Retroactive Date
x Public Officials Liability $1,000,000 Per Claim
N/A Aggregate Limit
Retroactive Date
Note for Claims Made coverage: If no Retroactive Date is shown above, claims will not be excluded based on the
date the act was committed.
FORMS AND ENDORSMENTS
Forms and Endorsements applying to this Coverage Part and made part of the coverage agreement at this time of issue:
See PGIT MN-002 Premium: $ INCLUDED
THIS SUPPLEMENTAL DECLARATIONS AND THE COMMON AGREEMENT DECLARATIONS, TOGETHER WITH
THE COMMON AGREEMENT CONDITIONS, COVERAGE PART(S), FORMS AND ENDORSMENTS, IF ANY,
COMPLETE THE ABOVE NUMBERED AGREEMENT.
PGIT MN-025(10 18) Page 1
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Preferred
' TAL
INSURANCE TRUST PUBLIC ENTITY
PUBLIC OFFICIALS' LIABILITY AND EMPLOYMENT PRACTICES LIABILITY COVERAGE FORM
(Claims Made and Reported)
In consideration of the payment of the premium, in reliance upon the Application,and subject to the Declarations
and the terms and conditions of this Coverage Agreement, the Covered Parties and the Trust agree as follows:
SECTION I -COVERAGE AGREEMENTS
A. Public Officials' Liability
The Trust will pay on behalf of the Covered Party all sums in excess of the Deductible that the
Covered Party shall become legally obligated to pay as Damages and Claim Expenses because of
a Claim first made against the Covered Party and reported to the Trust during the Agreement
Period or, if exercised, the Extended Reporting Period, by reason of a Wrongful Act in the
performance of or failure to perform duties for the Public Entity.The Wrongful Act must have been
committed on or subsequent to the Retroactive Date specified in the Declarations and before the
end of the Agreement Period.
B. Employment Practices Liability
If coverage is granted pursuant to the Declarations, the Trust will pay on behalf of the Covered Party all
sums in excess of the Deductible that the Covered Party shall become legally obligated to pay as
Damages and Claim Expenses because of a Claim first made against the Covered Party and
reported to the Trust during the Agreement Period, or if exercised, the Extended Reporting Period,
by reason of a Wrongful Act, if such Claim is brought and maintained by or on behalf of any past,
present or prospective full-time, part-time, temporary or leased employee(s) of the Public Entity. The
Wrongful Act must have been committed on or subsequent to the Retroactive Date specified in the
Declarations and before the end of the Agreement Period.
SECTION II -SUPPLEMENTARY PAYMENTS
A. Pre-Termination
If during the Agreement Period you report a potential termination of any employee to us prior to the
time the termination is made, we will pay for consultation with legal counsel of our choice to provide:
1. Legal analysis concerning the appropriateness of the termination; and
2. If applicable, legal assistance in handling the termination.
The most we will pay is $2,500 for each potential employee termination, subject to an Agreement
Period aggregate of$5,000.
B. Non-Monetary claims
The Trust shall defend and pay Claims Expenses for a claim seeking relief or redress in any form other than
monetary damages, provided said claim is not otherwise excluded, subject to the following conditions:
1. Defense costs under this section have an annual aggregate limit of liability of$100,000.
2. The Trust defends the Claim from first notice to Covered Party.
3. Notwithstanding any other provisions of this Coverage Agreement, the Trust will not pay any attorneys'
fees, costs, or other expenses sought by a claimant arising out of or in connection with such non-
monetary claim.
C. Key Individual Replacement Expenses
The Trust will reimburse the named covered party up to a maximum of$25,000 for the actual cost and
expenses incurred to replace your Mayor, City/County Manager or City/County Administrator or Executive
Director, if the person holding that position suffers an injury during the coverage agreement period which
results in loss of life during the coverage agreement period. Key Individual Replacement expenses must
PGIT MN-500(10 24) Page 1
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be incurred by the Named Covered Party and reported to us during the coverage agreement period or
within the extended reporting period. This benefit is not subject to a deductible and does not apply to
equivalent position of outside third party
D. Emergency Travel Expenses
The Trust will reimburse you up to a maximum of$5,000 for all emergency travel expenses incurred by your
Mayor, City/County Manager, City/County Administrator or Executive Director due to a certified act of
terrorism that commences during the coverage agreement period. Emergency travel expenses must be
incurred and reported to us during the coverage agreement period or within the extended reporting period.
This benefit is not subject to a deductible and does not apply to equivalent position of outside third party
E. Identity Theft Expenses
The Trust will reimburse up to$5,000 to any present Mayor, City/County Manager, City/County Administrator,
or Executive Director of the named covered party for identity theft expenses that have been incurred during
the coverage agreement period for an identity theft event that occurred during the coverage agreement
period. Identity theft expenses must be incurred and reported to us during the coverage agreement period
or within the Extended reporting period. This benefit is not subject to a deductible and does not apply to
equivalent position of outside third party.
Identity theft expenses means:
1. Costs of notarizing documents required by any financial institution or similar creditors as testaments of
fraud.
2. Costs for certified mail to law enforcement agencies, financial institutions or similar creditors; or
3. Loan application fees for reapplying for loans when the original application is rejected solely because of
incorrect credit information.
SECTION III -DEFINITIONS
When used in this Coverage Agreement:
A. Agreement Period the period of time specified in the Declarations, subject to prior termination pursuant
to PGIT MN-090 A. Cancellation of the Coverage Agreement.
B. Advertising Injury means any damages based upon or arising out of a wrongful act from one or more
of the following:
1. Violation of property rights.
2. Misappropriation of advertising ideas or style of business.
3. Infringement of copyright title or slogan.
C. Application means all applications, including any attachments thereto, and all other information and
materials submitted by or on behalf of the Covered Parties to the Trust in connection with the Trust
underwriting this Coverage Agreement or any policy of which this Coverage Agreement is a direct
or indirect renewal or replacement. All such applications, attachments, information and materials are
deemed attached to and incorporated in this Coverage Agreement.
D. Bodily Injury means injury to the body, sickness, or disease, including death resulting from such injuries.
Bodily Injury also means mental injury, mental anguish, mental tension, emotional distress, pain and suffering,
or shock, whether or not resulting from injury to the body, sickness, disease or death of any person.
E. Claim Expenses means:
1. Reasonable and necessary attorneys'fees, expert witness fees and other fees and costs incurred
by the Trust, or by the Covered Party with the Trust's prior written consent, in the investigation
and defense of covered Claims.
2. Reasonable and necessary premiums for any appeal bond, attachment bond or similar bond,
provided the Trust shall have no obligation to apply for or furnish such bond; and
3. Prejudgment and post judgment interest awarded in any Claim.
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Claim Expenses shall not include wages, salaries, fees or costs of directors, officers or employees
of the Trust or the Named Covered Party.
F. Claim means:
1. A civil proceeding against any Covered Party seeking monetary damages or non-monetary or
injunctive relief, commenced by the service of a complaint or similar pleading; and
2. An administrative proceeding including but not limited to EEOC or other regulatory proceeding
against any Covered Party, commenced by the filing of a notice of charges, investigative order
or similar document.
G. Coverage Agreement means, collectively, the Declarations, PGIT MN-090 The Common Agreement
Conditions, the Application, this Coverage Agreement form and any endorsements.
H. Covered Party means:
1. The Public Entity.
2. All persons who were, now are or shall be lawfully elected or appointed officials or employees
while acting for or on behalf of the Public Entity.
3. Commissions, boards, or other units, and members and employees thereof, operated by and under
the jurisdiction of such Public Entity and within an apportionment of the total operating budget
indicated in the application for this Coverage Agreement.
4. Volunteers and leased employees acting for or on behalf of, and at the request and under the
direction of, the Public Entity.
5. Officials and employees of the Public Entity appointed at the request of the Public Entity to
serve with a tax-exempt entity as long as the tax-exempt entity is operated by or under the
jurisdiction of the Public Entity.
6. The Medical Director for the Covered Party Florida Public Entity, but solely while acting within the
course and scope of their duties as Medical Director as outlined in Florida Statute 401.265.
I. Damages means compensatory damages which the Covered Party becomes legally obligated to
pay on account of a covered Wrongful Act, by way of judgment, award or, with the prior written
consent of the Trust, settlement. For purposes of this Coverage Form only, damages shall also
include attorneys'fees, costs, or other expenses which the Covered Party becomes legally
obligated to pay by way of judgment, award or, with the prior written consent of the Trust,
settlement.
Damages shall not include:
1. Taxes, fines, penalties, or sanctions.
2. Punitive or exemplary damages or the multiple portion of any multiplied damages award.
3. Matters uninsurable under the laws pursuant to which this Coverage Agreement is construed; or
4. The cost to comply with any injunctive or other non-monetary or declaratory relief, including specific
performance, or any agreement to provide such relief.
J. Extended Reporting Period means the period for the extension of coverage, if exercised, described in
Section VI.
K. Personal Injury means injury arising out of one or more of the following offenses:
1. False arrest, detention or imprisonment.
2. Malicious prosecution.
3. Libel, slander or other defamatory or disparaging material.
4. Publication or an utterance in violation of an individual's right to privacy; and
5. Wrongful entry or eviction, or other invasion of the right to private occupancy.
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L. Pollutants shall include, without limitation, solids, liquids, gaseous or thermal irritants, contaminants or smoke,
vapor, soot, fumes acids, alkalis, chemicals or waste materials, including materials to be recycled,
reconditioned, or reclaimed. Pollutants shall also mean any other air emission, odor, wastewater, oil or oil
products, infectious or medical scents or byproducts produced or released by fungi, but does not include any
fungi intended by the Covered Party for consumption and electric or magnetic or electromagnetic field.
Pollutants shall also include any substance exhibiting any hazardous characteristics as defined by or identified
on a list of hazardous substances issued by the United States Environmental Protection Agency or any federal,
state, county, municipal or local counterpart thereof or any foreign equivalent.
M. Property Damage means:
1. Physical injury to, or loss or destruction of, tangible property, including the loss of use thereof; and
2. Loss of use of tangible property which has not been physically injured, damaged, or destroyed.
N. Public Entity means the municipality, governmental body, department or unit which is named
in the Declarations.
O. Related Claims means all Claims arising out of a single Wrongful Act or a series of Related Wrongful
Acts. All Related Claims that are made and reported before the end of the Agreement Period or any
Extended Reporting Period provided shall be deemed to have been first made on the earliest date any
Related Claim is first made against the Covered Party, regardless of whether that earliest date is
before the Agreement Period, during the Agreement Period, or during the Extended Reporting Period,
and regardless of the number of Related Claims, claimants, defendants or causes of action.
P. Related Wrongful Acts means all Wrongful Acts that have as a common nexus any act,
circumstance, situation, event, transaction, cause or series of related facts, circumstances, situations,
events, transactions or causes.
Q. Retaliation means a wrongful act of a Covered Party relating to or alleged to be in response to
any of the following activities:
1. The disclosure or threat of disclosure by an employee of the Public Entity to a superior or to any
Governmental agency of any act by a Covered Party which act is alleged to be a violation of any Federal,
State, local or foreign law, common or statutory, or any rule or regulation promulgated thereunder,
2. The actual or attempted exercise by an employee of the Public Entity of any right that such
employee has under law, including rights under workers' compensation laws, the Family and
Medical Leave Act, the Americans with Disabilities Act or any other law relating to employee rights,
3. The filing of any claim under the Federal False Claims Act or any other federal, state, local or
foreign whistle-blower law,
4. Strikes by employees of the Public Entity, or
5. Political affiliation.
R. Retroactive Date means the date specified in the Declarations.
S. Trust means the Preferred Governmental Insurance Trust.
T. Wrongful Act means:
1. With respect to Public Officials Liability, any actual or alleged act, error or omission, neglect or
breach of duty committed by the Public Entity, or by any other Covered Party solely in the
performance of duties for the Public Entity.
2. With respect to Employment Practices Liability, a Wrongful Employment Practice committed by
the Public Entity, or by any other Covered Party solely in the performance of duties for the
Public Entity.
3. Wrongful Act shall include discrimination or harassment of non-employees by the Public Entity
or by any other Covered Party.
U. Wrongful Employment Practice means any actual or alleged:
1. Wrongful dismissal or discharge or termination of employment, whether actual or constructive.
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2. Employment related misrepresentation.
3. Violation of any federal, state, or local laws (whether common or statutory)concerning
employment or discrimination in employment.
4. Sexual harassment or another unlawful workplace harassment.
5. Wrongful deprivation of a career opportunity or failure to employ, promote or grant tenure.
6. Wrongful discipline of employees.
7. Negligent evaluation of employees.
8. Failure to adopt adequate workplace or employment policies and procedures; or
9. Employment related libel, slander, defamation or invasion of privacy.
The foregoing definitions shall apply equally to the singular and plural forms of the respective words.
V. Leased Employee means a person leased to the Public Entity by a labor leasing firm under an agreement
between the Public Entity and the labor leasing firm, to perform duties related to the conduct of the Public
Entity's business. Leased Employee does not include a temporary employee
W. Temporary Employee means a person who is furnished to the Public Entity to substitute for a permanent
"employee"on leave or to meet seasonal or short-term workload conditions.
X. Key Individual Replacement Expenses means:
1. The cost of advertising the open position; and
2. Travel, lodging and meal expense incurred in interviewing applicants for the open position; and
3. Miscellaneous extra expenses incurred in finding, interviewing, and negotiating with the applicants,
including overtime pay, costs to verify the applicants background, and references and legal expenses
incurred to prepare employment contracts.
Y. Emergency Travel Expenses means the additional cost of travel, accommodating and
rescue, including the cost of transporting personal baggage, of a Mayor, City/County Manager, City/
County Administrator, or Executive Director of the Named Insured incurred as a direct result of the
cancellation of that Insured Mayor, City/County Manager, City/County Administrator, or Executive
Director's previously scheduled transport that necessitates re-scheduling within forty-eight (48) hours of the
date and time that the certified act of terrorism was first initiated.
Z. Certified Act of Terrorism means an act that is certified by the Secretary of the Treasury, in concurrence
with the Secretary of State and the Attorney General of the United States, to be an act of terrorism pursuant
to the Federal Terrorism Risk Insurance Act. The criteria contained in the Terrorism Risk Insurance Act for a
certified act of terrorism means the following:
1. The act resulted in insured losses in excess of$5 million in the aggregate, attributable to all types of
insurance subject to the Terrorism Risk Insurance Act; and
2. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed
by an individual or individuals as part of an effort to coerce the civilian population of the United States or to
influence the policy or affect the conduct of the United States Government by coercion.
AA. Identity theft event means the misappropriation of personally identifiable information or any other
confidential information which has resulted in the wrongful or fraudulent use of such personally
identifiable information, including but not limited to fraudulently emulating the identity of an individual.
BB. Personally Identifiable Information means:
1. Information from which an individual may be uniquely and reliably identified, including but not limited to an
individual's name, address, telephone number, or email address, in combination with their Social Security
number, account relationships, account numbers, passwords, PIN numbers, credit card numbers or
biometric information; or
2. Personal information as defined in any U.S. federal or state privacy protection law governing the control and
use of an individual's personal and confidential information, including any regulations promulgated
thereunder, or any similar or related laws or regulations of any foreign jurisdiction, including but not limited
to:
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(a) Nonpublic personal information as defined by Title V of the Gramm-Leach-Bliley Act of 1999 as amended
and any regulations promulgated thereto.
(b) Protected health information as defined by the Health Insurance Portability and Accountability Act of
1996 (HIPAA) or the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH)
as amended, and any regulations promulgated thereto.
(c) Personal information as defined in the Florida Statute 817.568
(d) Customer information held by a creditor or financial institution as defined by and protected under the FTC
Red Flags Rule.
SECTION IV-EXCLUSIONS
The Trust shall not be liable for Damages or Claims Expenses on account of any Claim:
A. Based upon, arising out or attributable to any actual or alleged dishonest, fraudulent, unlawful,
criminal, malicious or willful and wanton act, error or omission, or any intentional or knowing violation
of the law by a Covered Party.
B. Seeking relief or redress in any form other than monetary damages or Claims Expenses for a Claim
seeking such non-monetary relief, except as provided in the Supplementary Payments above.
C. Alleging, based upon, arising out or attributable to any:
1. Bodily Injury;
2. Property Damage;
3. Personal Injury;
4. Advertising Injury;
5. Any allegation that a Covered Party negligently employed, investigated, supervised or retained any
person who is liable or responsible for such injury or damage, as it relates to items C 1, 2, 3, and 4
above; or
6. Any willful violation of any statute, ordinance or regulation committed by you or with your knowledge or
consent as it relates to items C 1, 2, 3, and 4 above.
D. Alleging, based upon, arising out or attributable to inverse condemnation, eminent domain, temporary or
permanent taking, adverse possession, dedication by adverse use, condemnation proceedings, or claims
brought under Florida Statute 70.001, the"Bert J. Harris, Jr., Private Property Rights Protection Act,"or any
similar claim by whatever name called.
E. Alleging, based upon, arising out or attributable to war, invasion, acts of foreign enemies, hostilities or
warlike operations(whether war is declared or not), strike, lock-out, riot, civil war, rebellion, revolution,
insurrection, or civil commotion assuming the proportions of or amounting to an uprising, military or
usurped power.
F. Alleging, based upon, arising out or attributable to the failure to effect or maintain any insurance or bond,
which shall include, but not be limited to, insurance provided by self-insurance arrangements, pools, self-
insurance trusts, captive insurance companies, retention groups, reciprocal exchanges or any other plan
or agreement of risk transfer or assumption.
G. Alleging, based upon, arising out or attributable to the gaining in fact of any profit or financial advantage to
which the Covered Party was not legally entitled.
H. Alleging, based upon, arising out or attributable to the return or improper assessment of taxes,
assessments, penalties, fines, fees.
I. Alleging, based upon, arising out or attributable to:
1. the actual, alleged or threatened discharge, dispersal, release, escape, seepage, migration or
disposal of Pollutants; or
2. any direction or request that any Covered Party test for, monitor, clean up, remove, contain, treat,
detoxify or neutralize Pollutants,or any voluntary decision to do so.
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J. Alleging, based upon, arising out or attributable to the planning, construction, maintenance, operation or
use of any nuclear reactor, nuclear waste storage or disposal site or any other nuclear facility; the
transportation of nuclear material; or any nuclear reaction or radiation, or radioactive contamination,
regardless of its cause.
K. Alleging, based upon, arising out or attributable to an actual or alleged violation of the responsibilities,
obligations or duties imposed by the Employee Retirement Income Security Act of 1974, any similar
state or local laws, and any rules and regulations promulgated thereunder and amendments thereto.
L. Brought or maintained by or on behalf of or in the right of any Covered Party, however with respects any
Claim alleging any Wrongful Employment Practices,this exclusion shall only apply to crossclaims or
counterclaims brought or maintained by, on behalf of, or in the right of one Covered Party against another
Covered Party.
M. Alleging, based upon, arising out or attributable to breach of contract, warranty, guarantee or promise
unless such liability would have attached to the Covered Party even in the absence of such contract,
warranty, guarantee or promise. However, this exclusion shall not apply to any Claim alleging any
Wrongful Employment Practices.
N. Alleging, based upon, arising out or attributable to any actual or alleged liability assumed by the Covered
Party under any contract or agreement, unless such liability would have attached to the Covered Party
even in the absence of such contract.
O. Alleging, based upon, arising out of or attributable to any actual or alleged violation of any antitrust,
restraint of trade or other law, rule or regulation which protects competition. Including but not limited to
liability arising out of estimates of probable costs or cost estimates being exceeded, faulty preparation of
bid specifications or plans, or failure to award contracts in accordance with statutes or ordinances which
under law must be submitted for bids.
P. Alleging, based upon, arising out or attributable to the operation of or activities of any schools, hospitals,
clinics, nursing homes, or other health care operations, unless specifically included by endorsement
attached.
Q. Alleging, based upon, arising out or attributable to the rendering or failure to render medical services,
including without limitation:
1. Providing medical, surgical, dental, psychiatric or nursing treatment, care, diagnosis or services,
including the furnishing of food or beverage in connection therewith.
2. Furnishing or dispensing drugs or medical, dental or surgical supplies or appliances.
3. Handling, arranging or performing post-mortem examinations on human bodies.
4. Providing services as a member of or participant in a formal medical accreditation or similar
medical professional board or committee of a hospital or a professional society.
5. Providing services as a member of or participating in a formal medical peer review committee,
board or similar medical peer review group of a hospital or a professional society; or
6. Proffering any advice, counseling, training and oversight in connection with any of the above
except as provided under Florida Statute 401.265.
7. While a Covered Party is not properly licensed or their license is under suspension or has been
revoked, surrendered, or otherwise terminated. This exclusion applies only to the Covered Party
whose license is suspended, revoked, surrendered, or otherwise terminated.
8. While a Covered Party is under the influence of intoxicants or drugs. This exclusion applies only to
the Covered Party that was under the influence of intoxicants or drugs.
R. Alleging, based upon, arising out of or attributable to (1) any prior or pending litigation filed on or
before the effective date of the first agreement issued and continuously renewed by the Trust, or
the same or substantially the same Wrongful Act, fact, circumstance or situation underlying or
alleged therein, or(2) any other Wrongful Act which, together with a Wrongful Act in any prior or
pending litigation, would constitute Related Wrongful Acts.
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S. Alleging, based upon, arising out or attributable to(1)any Wrongful Act, fact, circumstance or situation
which has been the subject of any written notice given under any other agreement or policy, or(2) any
other Wrongful Act which, together with a Wrongful Act which has been the subject of such notice,
would constitute Related Wrongful Acts.
T. Alleging, based upon, arising out or attributable to any Wrongful Act prior to the inception date of the first
agreement issued by the Trust and continuously renewed and maintained, if on or before such date any
Covered Party knew or could have reasonably foreseen that such Wrongful Act could lead to a Claim.
U. Solely with respect to any Claim under Coverage Agreements Clause B, Employment Practices Liability:
1. Alleging, based upon, arising out or attributable to any violation of the responsibilities, obligations
or duties imposed by (i) any worker's compensation, disability benefits, unemployment
compensation, unemployment insurance, retirement benefits, social security benefits or similar
law; (ii) the Fair Labor Standards Act (except the Equal Pay Act), (iii) the National Labor Relations
Act, (iv)the Worker Adjustment and Retraining Notification Act, (v)the Consolidated Omnibus
Budget Reconciliation Act, (vi)the Occupational Safety and Health Act, any rules or regulations of
any of such statutes or laws, amendments thereto or any similar provisions of any federal, state,
local or foreign statutory law or common law; provided however this exclusion shall not apply to a
Claim for Retaliation.
2. Alleging, based upon, arising out or attributable to any costs or liability incurred by any Covered
Party to provide any reasonable accommodations required by, made as a result of, or to conform
with the requirements of, the Americans With Disabilities Act of 1992, as amended, or any similar
federal, state or local law, regulation or ordinance, including the modification of any building,
property or facility to make it more accessible or accommodating to any disabled person.
V. Arising out of any act or omission resulting from law enforcement activities of any police department
or any other law enforcement agencies, including their agents or employees.
W. Based on or arising out of the infringement of copyright, trademark, plagiarism, piracy or
misappropriation of any ideas or other intellectual property.
X. Any Wrongful Act arising out of the ownership, entrustment, maintenance, operation, use, loading or
unloading of automobiles; or the transport of any person.
Y. Arising from activities of any attorney-at-law, medical personnel, architect, engineer or accountant, in
the scope of their professional duties; however notwithstanding the forgoing, coverage applies to any
claims made against them as Public Officials or Employees of yours.
Z. Based upon, arising out of or attributable to any media wrongful act allegedly committed by the Covered
Party or by someone for whom the Covered Party is legally responsible, including liability assumed under
contract.
For purposes of this exclusion, the phrase"media wrongful act" means any:
1. Libel, slander, or any other form of defamation or harm to the character or reputation of any person
or entity, including product disparagement or trade libel.
2. Copyright infringement or misappropriation of property rights, information or ideas or dilution or
infringement of title, slogan trademark, trade name, service mark or service name.
3. Common law unfair competition or unfair trade practices alleged in conjunction with the acts
described above in 1. and 2.
4. Invasion or infringement of the right of privacy or publicity, including the torts of intrusion upon
seclusion, publication of private facts, false light, and misappropriation of name or likeness.
5. Infliction of emotional distress or mental anguish.
6. False arrest, detention or imprisonment, harassment, trespass, wrongful entry or eviction,
eavesdropping, or other invasion of the right of private occupancy.
7. Plagiarism, privacy or misappropriation of ideas under implied contracts; and
8. Economic harm to a third party directly resulting from the party's reliance or failure to rely upon the
content of matter, which is false or erroneous,
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resulting from a Covered Party's acquiring, blogging, broadcasting, collecting, disseminating, distributing,
editing, exhibiting, gathering, obtaining, producing, publishing, releasing, researching, recording, tweeting
or uttering matter through traditional and digital methods including but not limited to cable television, radio,
movie and music studios, newspapers, magazines, books and print publications, website, apps, CD-ROMs
and DVDs.
For purposes of this exclusion, the phrase"assumed under contract" means liability for damages for
injury which the Covered Party is required to indemnify based upon a written contract, hold harmless
agreement, indemnity agreement, or similar arrangement, which document: (i)was executed by the
Covered Party prior to the occurrence of the injury for which indemnity is sought, and (ii) requires the
Covered Party to indemnify for injury caused in whole or in part by the content of media material used in a
media communication.
AA. based upon, arising out of or attributable to any:
1. Access to or disclosure of any person's or organization's confidential or personal
information, including but not limited to patents, trade secrets, processing methods,
customer lists, proprietary information, financial information, banking information,
investment information, charge card information, debit card information, credit card
information, cardholder data as defined under PCI-DSS, health information, social security
numbers, driver's license or state identification numbers, access codes, passwords,
personal identification numbers, or any other type of nonpublic information;
2. Failure to timely disclose any unauthorized access to or disclosure of any person's or
organization's confidential or personal information, including but not limited to the items
listed in Paragraph 1. above; or
3. The loss of loss of use of, damage to, corruption of, inability to access, or inability to
manipulate electronic data.
This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses,
forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others
arising out of that which is described in Paragraph 1., 2., or 3. above.
As used in this exclusion, "electronic data" means information, facts or programs stored as or on,
created or used on, or transmitted to or from computer software, including systems and applications
software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other
media which are used with electronically controlled equipment.
V-ESTATES, LEGAL REPRESENTATIVES AND SPOUSES
The estates, heirs, legal representatives, assigns, spouses and legally recognized domestic partners of
Covered Party shall be considered Covered Parties under this Coverage Agreement; but coverage is
afforded to such estates, heirs, legal representatives, assigns, spouses and legally recognized domestic
partners only for a Claim arising solely out of their status as such and, in the case of a spouse or legally
recognized domestic partner, where the Claim seeks damages from marital community property,jointly
held property or property transferred from a natural person Covered Party to the spouse or legally
recognized domestic partner. No coverage is provided for any Wrongful Act of an estate, heir, legal
representative, assign, spouse or legally recognized domestic partner. All of the terms and conditions of
this Coverage Agreement including, without limitation, the Deductible applicable to Damages and Claims
Expenses incurred by Covered Parties shown in the Declarations, shall also apply to Damages and
Claims Expenses incurred by such estates, heirs, legal representatives, assigns, spouses and legally
recognized domestic partners.
SECTION VI -EXTENDED REPORTING PERIODS
If the Trust terminates or does not renew this Coverage Agreement(other than for failure to pay a
premium when due), or if the Public Entity terminates or does not renew this Coverage Agreement and
does not obtain replacement coverage as of the effective date of such cancellation or non-renewal, the
Public Entity shall have the right, upon payment of the additional premium described below, to a
continuation of the coverage granted by this Coverage Agreement for at least one Extended Reporting
Period as follows:
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A. Automatic Extended Reporting Period
The Public Entity shall have continued coverage granted by this Coverage Agreement for a period
of 60 days following the effective date of such termination or nonrenewal, but only for Claims first
made during such 60 days and arising from Wrongful Acts taking place prior to the effective date of
such termination or non renewal.
B. Optional Extended Reporting Period
The Public Entity shall have the right, upon payment of up to 200% of the expiring premium, set forth
in the Declarations, to purchase an Optional Extended Reporting Period, for the period of 12 months
following the effective date of such cancellation or nonrenewal, but only for Claims first made during
such Optional Extended Reporting Period and arising from Wrongful Acts taking place prior to the
effective date of such termination or nonrenewal.
This right to continue coverage shall lapse if written notice of such election is not given by the Public
Entity to the Trust, and the Trust does not receive payment of the additional premium, within 60 days
following the effective date of termination or nonrenewal.
The first 60 days of the Optional Extended Reporting Period, if it becomes effective, shall run
concurrently with the Automatic Extended Reporting Period.
C. The Trust shall give the Public Entity notice of the premium due for the Extended Reporting Period
as soon as practicable following the date the Public Entity gives such notice of such election, and such
premium shall be paid by the Public Entity to the Trust within 10 days following the date of such notice
by the Trust of the premium due. The Extended Reporting Period is not cancelable and the entire
premium for the Extended Reporting Period shall be deemed fully earned and nonrefundable upon
payment.
D. The Extended Reporting Period, if exercised, shall be part of and not in addition to the Limit of
Liability for the immediately preceding Coverage Agreement Period. The purchase of the Extended
Reporting Period shall not increase or reinstate the Limit of Liability, which shall be the maximum
liability of the Trust for the Agreement Period and Extended Reporting Period, combined.
E. A change in Coverage Agreement terms, conditions, exclusions and/or premiums shall not be
considered a nonrenewal for purposes of triggering the rights to the Automatic or Optional Extended
Reporting Period.
SECTION VII -LIMIT OF LIABILITY
In the event of a suit or claim triggering coverage under this Coverage Part and the GENERAL
LIABILITY COVERAGE PART, the terms and conditions in PGIT MN-090, D. COORDINATION OF
COVERAGES also apply. Regardless of the number of Coverages purchased, Covered Parties
against whom claims are brought, claims made or persons or entities making claims:
A. Limit of Liability for Coverage(s) Purchased
1. To each claim Limit of Liability stated in the Declarations for a Coverage purchased is the
Trust's maximum liability under that Coverage for the sum of all damages because of each
Claim, including claims alleging related wrongful acts, first made and reported during the
agreement period.
2. The Aggregate Limit of Liability stated in the Declarations for a Coverage purchased is the
Trust's maximum liability under that Coverage for the sum of all damages because of all
Claims, including all Claims alleging related wrongful acts, first made and reported during the
agreement period.
3. Claims Expenses shall not be part of and are in addition to the Aggregate Limit of Liability
stated in the Declarations and shall not reduce such Aggregate Limit of Liability.
B. Maximum Coverage Agreement Aggregate Limit of Liability
The Maximum Coverage Agreement Aggregate Limit of Liability stated in the Declarations is the Trust's
maximum liability under all Coverages purchased for the sum of all damages because of all claims under this
Coverage Agreement.
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C. Deductible
The Deductible stated in the Declarations is applicable to each claim under the Coverage Agreement
Clauses indicated, including each claim alleging Related Wrongful Acts, and applies to damages.
The Deductible shall be paid by the Public Entity and shall be borne at the risk of all Covered Parties,
and shall remain not covered during the Agreement Period.The Limits of Liability set forth in the
Declarations are in addition to and in excess of the Deductible. If different parts of a single claim are
subject to different Deductibles, the applicable Deductible shall be applied separately to each part of
the Damages, but the sum of such Deductibles shall not exceed the largest applicable Deductible. The
Deductible does not apply to Supplementary Payments or Claims Expenses made under this
agreement, unless otherwise stated.
D. Multiple Claims
All Related Claims shall be deemed a single Claim, and such Claim shall be deemed first made on
the date the earliest of such Related Claims was first made.
E. Other Coverage or Insurance
In the event you have other coverage or insurance subject to the same plan, terms, conditions, and
provisions under this Coverage Part, the coverage provided by this Coverage Form is excess over any
other coverage or insurance.
SECTION VIII-NOTICE
A. The Covered Party shall, as a condition precedent to the obligations of the Trust under this Coverage
Agreement, give immediate written notice to the Trust of any claim, but in no event later than 30 days
after the end of the Agreement Period,the Automatic Extended Reporting Period, or, if elected, the
Optional Extended Reporting Period.
B. The Covered Party shall immediately forward to the Trust, every demand, notice, summons, or
other process or pleadings received by the Covered Party or its representatives.
C. If, during the Agreement Period, any Covered Party becomes aware of any wrongful act which may
reasonably be expected to give rise to a claim against the Covered Party, and during the Agreement Period
gives written notice thereof to the Trust with all available particulars, including but not limited to:
1. The specific wrongful act;
2. The dates and persons involved;
3. The identity of anticipated or possible claimants;
4. The circumstances by which the Covered Party first became aware of the possible claim,
and a claim is subsequently made against the Covered Party arising from such wrongful act and
properly reported to the Trust, the claim shall be deemed to have been first made at the time such
written notice was received by the Trust.
D. All notices under any provision of this Coverage Agreement shall be in writing and given by prepaid
express courier, certified mail or facsimile transmission properly addressed to the appropriate party.
Notice to the Covered Parties may be given to the Public Entity at the address shown in the
Declarations. Notice given as described above shall be deemed to be received and effective upon
actual receipt thereof by the addressee.
SECTION IX-DEFENSE AND SETTLEMENT
A. The Trust shall have the right and duty to defend any covered claim brought against the Covered Party even
if such claim is groundless, false or fraudulent. The Covered Party shall not admit or assume liability or settle
or negotiate to settle any claim or incur any claims expenses without the prior written consent of the Trust,
and the Trust shall have the right to appoint counsel and to make such investigation and defense of a covered
claim as it deems necessary.
B. The Trust shall not settle any claim without the written consent of the Public Entity. If the Public
Entity refuses to consent to a settlement or compromise recommended by the Trust and acceptable to
the claimant, then the Trust's Limit of Liability under this Coverage Agreement with respect to such
claim shall be reduced to the amount of damages for which the claim could have been settled plus all
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claims expenses incurred up to the time the Trust made its recommendation to the Public Entity,
which amount shall not exceed that portion of any applicable Aggregate Limit of Liability that remains
unexhausted by payment of damages.
C. The Trust shall not be obligated to investigate, defend, pay or settle, or continue to investigate, defend,
pay or settle any claim after any applicable Limit of Liability specified in the Declarations has been
exhausted by payment of damages or after the Trust has deposited the remainder of any unexhausted
applicable Limit of Liability into a court of competent jurisdiction. In either such case, the Trust shall
have the right to withdraw from the further investigation, defense, payment or settlement of such claim
by tendering control of such claim to the Covered Party.
D. The Covered Parties shall cooperate with the Trust and provide to the Trust all information and
assistance which the Trust reasonably requests including but not limited to attending hearings,
depositions and trials and assistance in effecting settlements, securing and giving evidence, obtaining
the attendance of witnesses and conducting the defense of any claim covered by this Coverage
Agreement. The Covered Parties shall do nothing that may prejudice the Trust's position.
SECTION X- REPRESENTATIONS AND SEVERABILITY
A. The Covered Parties represent and acknowledge that all the information and statements provided to the
Trust by any Covered Party, including information and documentation in, attached to or incorporated in
the Application, are true, accurate and complete, constitute material representations made by all
Covered Parties, are the basis of this Coverage Agreement, are incorporated into and constituting a part
of this Coverage Agreement, and are material to the acceptance of this risk or the hazard assumed by the
Trust under this Coverage Agreement.
B. It is understood and agreed that:
1. This Coverage Agreement is issued in reliance upon the truth and accuracy of such representations.
2. The Public Entity has and will provide accurate information with regard to loss control audits and
network security assessments; and
3. If such representations or such information are not true, accurate and complete, this
Coverage Agreement shall be null and void in its entirety and the Trust shall have no liability
hereunder.
SECTION XI -TERRITORY AND VALUATION
A. All premiums, limits, deductibles, damages, claims expenses and other amounts under this
Coverage Agreement are expressed and payable in the currency of the United States of America. If
judgment is rendered, settlement is denominated or another element of damages and claims
expenses under this Coverage Agreement is stated in a currency other than United States of
America dollars, payment under this Coverage Agreement shall be made in United States dollars at
the applicable rate of exchange as published in The Wall Street Journal as of the date the final
judgment is reached, the amount of the settlement is agreed upon or the other element of damages
or claims expenses is due, respectively or if not published on such date, the next date of publication
of The Wall Street Journal.
B. Coverage under this Coverage Agreement shall extend to wrongful acts taking place or claims made
or damages or claims expenses sustained anywhere in the world, provided the claim is made within
the jurisdiction of and subject to the laws of the United States of America, Canada or their respective
territories or possessions.
SECTION XII -SUBROGATION
In the event of any payment under this Coverage Agreement, the Trust shall be subrogated to the extent of such
payment to all the rights of recovery of the Covered Parties. The Covered Parties shall execute all papers
required and shall do everything necessary to secure and preserve such rights, including the execution of such
documents necessary to enable the Trust effectively to bring suit or otherwise pursue subrogation rights in the
name of the Covered Parties.
SECTION XIII -ACTION AGAINST THE TRUST AND BANKRUPTCY
A. Except as provided in Section XVI, Alternative Dispute Resolution, no action shall be brought
against the Trust, unless, as a condition precedent thereto, the Covered Parties shall have fully
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complied with all the terms of this Coverage Agreement, and the amount of the Covered Parties'
obligation to pay shall have been fully determined either by judgment against the Covered Parties
after actual trial and appeal or by written agreement of the Covered Parties,the claimant and the
Trust.
B. Bankruptcy or insolvency of the Covered Parties or of the Covered Parties' estates shall neither
relieve nor Increase any of the obligations of the Trust hereunder.
SECTION XIV-AUTHORIZATION CLAUSE
By the acceptance of this Coverage Agreement,the Public Entity agrees to act on behalf of all
Covered Parties with respect to the giving of notice of Claim, the giving or receiving of notice of
termination or non-renewal, the payment of premiums, the receiving of any premiums that may become
due under this Coverage Agreement, the agreement to and acceptance of endorsements, consenting
to any settlement, exercising the right to the Extended Reporting Period, and the giving or receiving of
any other notice provided for in this Agreement, and all Covered Parties agree that the Public Entity
shall act on their behalf.
SECTION XV-ALTERATION, ASSIGNMENT AND HEADINGS
A. Notice to any agent or knowledge possessed by any agent or by any other person shall not affect a
waiver or a change in any part of this Coverage Agreement nor prevent the Trust from asserting any
right under the terms of this Coverage Agreement
B. No change in, modification of, or assignment of interest under this Coverage Agreement shall be
effective except when made by a written endorsement to this Coverage Agreement,which is signed
by an authorized representative of the Trust.
C. The titles and headings to the various parts, sections, subsections and endorsements of the Coverage
Agreement are included solely for ease of reference and do not in any way limit, expand or otherwise
affect the provisions of such parts, sections, subsections or endorsements.
SECTION XVI -ALTERNATIVE DISPUTE RESOLUTION
The Covered Parties and the Trust shall submit any dispute or controversy arising out of or relating to this
Coverage Agreement or the breach, termination or invalidity thereof to the alternative dispute resolution
("ADR") process set forth in this Section.
Either a Covered Party or the Trust may elect the type of ADR process discussed below; provided,
however that the Covered Party shall have the right to reject the choice by the Trust of the type of ADR
process at any time prior to its commencement, in which case the choice by the Covered Party of ADR
process shall control.
There shall be two choices of ADR process: (1) non-binding mediation administered by any mediation facility to
which the Trust and the Covered Party mutually agree, in which the Covered Party and the Trust shall try in
good faith to settle the dispute by mediation in accordance with the then-prevailing commercial mediation rules of
the mediation facility; or(2) arbitration submitted to any arbitration facility to which the Covered Party and the
Trust mutually agree, in which the arbitration panel shall consist of three disinterested individuals. In either
mediation or arbitration, the mediator or arbitrators shall have knowledge of the legal, corporate management, or
insurance issues relevant to the matters in dispute. In the event of arbitration, the decision of the arbitrators shall
be final and binding and provided to both parties, and the award of the arbitrators shall not include attorneys'fees
or other costs. In the event of mediation, either party shall have the right to commence arbitration in accordance
with this Section; provided, however that no such arbitration shall be commenced until at least 60 days after the
date the mediation shall be deemed concluded or terminated. In all events, each party shall share equally the
expenses of the ADR process. Either ADR process must be commenced in the state indicated in the Declarations
as the principal address of the Public Entity.The Public Entity shall act on behalf of each and every Covered
Party in connection with any ADR process under this Section
PGIT MN-500(10 24) Page 13
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Preferred
R E PUBLIC ENTITY
INSURANCE GOVERNMENTALTRUCE TRUST
MEDIA CONTENT SERVICES, NETWORK SECURITY, AND PRIVACY LIABILITY
ENDORSEMENT
THIS IS A CLAIMS MADE AND REPORTED COVERAGE ENDORSEMENT. THIS COVERAGE APPLIES
ONLY TO THOSE CLAIMS THAT ARE FIRST MADE AGAINST THE COVERED PARTY AND REPORTED
IN WRITING TO THE TRUST DURING THE COVERAGE AGREEMENT PERIOD. CLAIM EXPENSES ARE
WITHIN AND REDUCE THE LIMIT OF LIABILITY. PLEASE REVIEW CAREFULLY.
Item 1. LIMITS OF LIABILITY(Inclusive of claim expenses and subject to sublimits per the insuring
agreements):
(a) $2,000,000 Each claim
(b) $2,000,000 Policy Aggregate for all claims during the Agreement Period-but sublimited to:
THIRD PARTY LIABILITY COVERAGES LIMIT DEDUCTIBLE (each claim inclusive
of claim expenses)
Media Content Services $2,000,000 $25,000
Privacy and Cyber Security $2,000,000 $25,000
PCI DSS-Privacy Regulatory Defense,Awards $1,000,000 $25,000
and fines
FIRST PARTY COVERAGES LIMIT DEDUCTIBLE (each claim inclusive
of claim expenses)
Cyber Extortion & Ransomware $500,000 $25,000
Data Breach Response& Crisis Management $2,000,000 $25,000
Data Recovery $2,000,000 $25,000
Business Loss of Business Income $2,000,000 12 hour waiting period
Interruption and
Extra Expense Extra Expense $2,000,000 $25,000
Cyber Crime Cyber Crime Aggregate $350,000 Agg $25,000
Social Engineering $350,000 $25,000
Financial Fraud
Funds Transfer Fraud $350,000 $25,000
Invoice Manipulation $350,000 $25,000
Utility Fraud Utility Fraud Aggregate $350,000 Agg $25,000
Crypto Jacking $350,000 $25,000
Telecommunications $350,000 $25,000
Fraud
PGIT MN-700(10 24) Page 1
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System Failure Loss of Business Income $2,000,000 12 hour waiting period
Extra Expense $2,000,000 $25,000
Dependent Loss of Business Income $2,000,000 12 hour waiting period
Business
Interruption and Extra Expense $2,000,000 $25,000
extra expense
Dependent Loss of Business Income $2,000,000 12 hour waiting period
Business
Interruption - Extra Expense $2,000,000 $25,000
System Failure
Bricking $1,000,000 $25,000
Consequential Reputational Loss $1,000,000 Waiting Period
2 weeks
Period of Indemnitt
6 months
Item 2. RETROACTIVE DATE (if applicable): 10/01/2018
Words and phrases that appear in bold print have special meanings that are defined in PGIT MN-500, PGIT
MN-510 or additional definitions exclusive to this endorsement are defined in SECTION V. DEFINITIONS of
the endorsement.
I. THIRD PARTY INSURING AGREEMENTS
Provided always that the subject act or omission was committed on or subsequent to the retroactive
date specified in Item 2. in the endorsement and that prior to the inception date of this policy no
Covered Party had a basis to believe that any such act or omission, or related act or omission, might
reasonably be expected to be the basis of a claim,then the Trust agrees as follows:
A. Media Content Services Liability Coverage
The Trust will pay on behalf of the Covered Party all sums in excess of the deductible that the
Covered Party becomes legally obligated to pay as damages and claim expenses as a result
of a claim first made against the Covered Party and reported in writing to the Trust during the
agreement period,alleging a media wrongful act committed by the Covered Party or by
someone for whom the Covered Party is legally responsible, including liability assumed
under contract.
B. Privacy&Security Liability Coverage
If, at the time of the respective act, error or omission described below, the Covered Party had in
force a privacy policy pertaining to the subject matter of the corresponding subsection, then:
1. the Trust will pay on behalf of the Covered Party all sums in excess of the deductible
subject to the limit shown in Item 1 that the Covered Party becomes legally obligated
to pay as damages and claim expenses as a result of a claim first made against the
Covered Party and reported in writing to the Trust during the agreement period by
reason of a privacy and security wrongful act committed by the Covered Party in
the Covered Party's capacity as such.
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2. the Trust will pay privacy notification costs, in excess of the deductible subject to
the limit shown in Item 1 that the Covered Party incurs with the Trust's prior written
consent resulting from the Covered Party's legal obligation to comply with a data
breach reporting requirement due to the Covered Party's failure to prevent
unauthorized access,to the extent such unauthorized access (1) results in a data
breach from a computer system, and (2) occurred and was reported in writing to the
Trust during the agreement period.
3. the Trust will pay on behalf of the Covered Party all sums in excess of the deductible
subject to the limit shown in Item 1 that the Covered Party becomes legally obligated
to pay as regulatory fines and claim expenses as a result of a regulatory
proceeding first made against the Covered Party and reported to the Trust during the
agreement period alleging a privacy and security wrongful act by the Covered
Party committed in the Covered Party's capacity as such.) in this endorsement.
C. PCI DSS Coverage
1. The Trust will pay on behalf of the Covered Party for PCI DSS fine and costs in
excess of the deductible subject to the limit shown in Item 1 that the Covered Party is
legally obligated to pay as a result of a claim first made against the Covered Party and
reported to the Trust during the agreement period or extended reporting period (if
applicable) alleging a PCI DSS wrongful act by the Covered Party or an outsourced
provider. .
II. FIRST PARTY INSURING AGREEMENTS
A. Cyber Extortion and Ransomware Threat
The Trust will pay or reimburse the Covered Party all sums incurred in excess of the deductible up
to the limit shown in Item 1 and with the Trust's prior written consent for cyber extortion
expenses as a result of an extortion threat first made against a Covered Party in its capacity as
such and reported to the Trust during the agreement period by a person other than an Covered
Party or any person acting or proceeding with the knowledge and consent of, at the direction or
request of, or with the assistance of a Covered Party.
B. Data Breach Response and Crisis Management Coverage
The Trust will pay or reimburse data breach response and crisis management costs
incurred in excess of the deductible up to the limit shown in Item 1 that the Covered Party
incurs for a continuous eighteen (18) month period resulting from a data breach or cyber
security breach that is first discovered by the covered party and as soon as notice of the data
breach is reported to the Trust. The payment period begins when the breach is reported to the
Trust in accordance with the notice provision in section VII.A.
C. Business Interruption and Extra Expense
The Trust will pay or reimburse the Covered Party all sums in excess of the deductible up to the
limit of shown in Item 1 for:
(a) Loss of business income after the waiting period; and
(b) Extra expenses in excess of the applicable deductible
the Covered Party sustains during the period of restoration resulting from:
(1)an actual interruption of the use of the computer system of the Covered Party
provided the claim results from a cyber security breach to the Covered Party's
computer system; or
(2)the voluntary and intentional shutdown of the network:
a. ordered by an executive officer of the Covered Party who is authorized to
make such an order, due to their reasonable belief that such shutdown would
limit the financial impact of a cyber security breach; or
b. ordered by any federal, state, local of foreign governmental entity in such entity's
regulatory or official capacity, due to a cyber security breach,
Where such shutdown directly causes a total or partial interruption or deterioration in the
Covered Party's business operations. Provided, however the Covered Party's maximum
limit of liability applicable to voluntary and intentional shutdown of the network as outlined
above is sublimited to$1,000,000 and shall be part of, and not in addition to, the limit of
liability as stated in Item 1.
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For purposes of this coverage, loss of business income is subject to a waiting period as
specified in Item 1.
D. Cyber Crime-The aggregate limit for all Cyber Crime sublimits is shown in Item 1,
(a)Social Engineering Financial Fraud
The Trust will indemnify the Covered Party all sums in excess of the deductible and up to the
sublimit shown in Item 1 for social engineering financial fraud loss directly resulting from a
social engineering financial fraud event. This coverage shall only apply if you verify the
instruction to transfer money or securities by following a pre-arranged callback or other
established procedural method to authenticate the validity or the request prior to acting upon any
transfer instructions.
(b) Funds Transfer Fraud
The Trust will pay or reimburse the Covered Party all sums in excess of the deductible and up
to the sublimit shown in Item 1 for funds transfer fraud loss that the Covered Party incurs
directly resulting from a funds transfer fraud event, provided that such funds transfer fraud
event is first discovered by the Covered Party during the coverage agreement period.
(c) Invoice Manipulation
The Trust will pay or reimburse the Covered Party all sums in excess of the deductible and up
to the sublimit shown in Item 1 for invoice manipulation loss that the Covered Party incurs
directly resulting from an invoice manipulation fraud event, provided that such invoice
manipulation fraud event is first discovered by the Covered Party during the coverage
agreement period.
E. Utility Fraud-The aggregate limit for all Utility Fraud sublimits shown below is shown in Item 1.
(a) Crypto-Jacking
The Trust will indemnify the Covered Party all sums in excess of the deductible and up to
the sublimit shown in Item 1 for utility fraud loss the Covered Party incurs directly resulting
from a crypto-jacking event, provided that the event is first discovered by the covered
party during the coverage agreement period.
(b) Telecommunications Fraud
The Trust will indemnify the Covered Party all sums in excess of the deductible and up to
the sublimit shown in Item 1 for utility fraud loss the Covered Party incurs directly resulting
from a telecommunications fraud event, provided that the event is first discovered by the
covered party during the coverage agreement period.
F. System Failure Coverage
The Trust will indemnify the Covered Party all sums incurred in excess of the deductible up to
the limit shown in Item 1 for:
a) loss of business income after the waiting period;
b) extra expense in excess of the applicable deductible,
during the period of restoration that the covered party incurs resulting from a system failure
directly causing a total or partial interruption or deterioration in the covered party's business
operations.
G. Dependent Business Interruption
The Trust will indemnify the Covered Party all sums in excess of the deductible up to the limit
shown in Item 1 for dependent business interruption loss.
Solely for purposes of this coverage, the definition of Network is defined as:
A connected system of computing hardware, software, firmware and associated electronic
components and mobile devices, including industrial control systems and SCADA systems
(Supervisory control and data acquisition systems) or other industrial IT, under the ownership,
operation or control of, or leased by, a dependent business.
H. Dependent Business Interruption-System Failure Coverage
The Trust will indemnify the Covered Party all sums in excess of the deductible up to the limit
shown in Item 1 for system failure dependent business interruption loss. Solely for purposes
of this coverage, the definition of Network is defined as:
A connected system of computing hardware, software, firmware and associated electronic
components and mobile devices, including industrial control systems and SCADA systems
(Supervisory control and data acquisition systems) or other industrial IT, under the ownership,
operation or control of, or leased by, a dependent business.
Bricking—The Trust will indemnify the Covered Party all sums incurred in excess of the
deductible up to the limit shown in Item 1 for hardware replacement costs that the Covered Party
incurs resulting from a bricking incident.
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J. Data Recovery—The Trust will indemnify for Covered Party for data recovery expenses in
excess of the deductible up to the limit shown in Item 1 that the covered Party incurs directly
resulting from a cyber security breach.
K. Consequential Reputational Loss—The Trust will indemnify the covered party for
consequential reputational loss in excess of the deductible up to the limit shown in Item 1 that
the covered party incurs resulting from adverse publicity after the waiting period and during
the period of indemnity.
III. DEFENSE AND SETTLEMENT
A. Defense
The Trust has the right and duty to defend any claim against the Covered Party seeking
damages payable under the terms of this policy, even if any of the allegations of the claim are
groundless, false or fraudulent. Defense counsel may be designated by the Trust or, at the
Trust's option, by the Covered Party with the Trust's written consent and subject to the Trust's
guidelines.
B. Settlement
The Trust will have the right and duty to make, with the written consent of the Covered Party,
any settlement of a claim under this policy. If the Covered Party refuses to consent to a
settlement within the policy's applicable limit of liability that is recommended by the Trust and
acceptable to the claimant, then the Trust's limit of liability under this policy will be reduced to
the amount of damages for which the claim could have been settled plus all claim expenses
incurred up to the time the Trust made its recommendation, plus an additional seventy percent
(70%) of claims expenses and damages incurred by the Covered Party after the Trust had
made its settlement recommendation, the total of which will not exceed the limit of liability
specified in the Declarations.
IV. LIMITS OF LIABILITY AND DEDUCTIBLE
A. Limit of Liability- Each Claim
Subject to Paragraph C. below, the Trust's limit of liability for damages and claim expenses for
each claim first made and reported in writing to the Trust during the agreement period will not
exceed the amount shown in Item 1.(a) in the Declarations for"Each Claim."
B. Limit of Liability-Policy Aggregate
The Trust's limit of liability for damages and claim expenses for all claims first made and
reported in writing to the Trust during the agreement period and for all privacy notification
costs payable under Insuring Agreement 1.6.2 will not exceed the aggregate amount shown in
Item1.(b) in the Declarations as the"Policy Aggregate.
C. Exhaustion of Limits
The Trust is not obligated to pay any damages, claim expenses, or privacy notification costs
or to defend or continue to defend any claim after the applicable limit of liability has been
exhausted by the payment of damages,claim expenses, or privacy notification costs or any
combination thereof; or after the Trust has deposited the remaining available limit of liability into a
court of competent jurisdiction or tendered the remaining available limit of liability to the Covered
Party or, if applicable, to the excess insurer(s)of the Covered Party.
D. Deductible
1. (a)The Trust is liable only for that portion of damages, claim expenses, regulatory
damages, and first party costs (not including loss of business income) in excess of
the applicable deductible amount as shown in Item 1. If more than a single deducible
applies to a claim and/or first party incident, then the Covered Party is responsible
for paying the highest applicable deductible.
(b)Solely with respect to loss of business income the Trust is liable only for loss of
business income in excess of the waiting period shown in Item 1.
E. Related Matters and Related Losses
1. Related Third Party Wrongful Acts
A claim resulting from a related matter will be treated as a single claim first made
against the Covered Party at the time the first such related matter occurred,
irrespective of whether such related matter occurred prior to or during the agreement
period, and irrespective of the number of related matters, and the identity or number
of Covered Parties involved.
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2. Related First Party Incidents
(a) A related matter involving a first party incident(other than a cyber-extortion
threat)will be considered a single first party incident which shall be deemed
to have been discovered on the date on which the earliest such first party
incident was discovered by an executive officer.
(b) All related matters involving cyber-extortion threats will be considered a
single cyber-extortion threat first occurring on the date the first such cyber-
extortion threat occurred.
3. Related Loss is a loss that results or arises from the same, similar, or continuous
claim or first party incident.
All loss will be considered a single loss occurring at the time the first related matter
giving rise to such loss first occurred or was first discovered, irrespective of the number of
related losses, and the identity or number of Covered Parties involved.
V. DEFINITIONS (Items listed below apply to this endorsement only; if definitions that are shown
below are also defined elsewhere in the coverage agreement the definition below is the prevailing
definition with respect to this endorsement.)
A. Advertising means publicly disseminated material which promotes the service, business, or
product of the Covered Party or a client of the Covered Party, but only where such material was
disseminated at the prior written request of the Covered Party.
B. Agreement Period means the period of time as stated on the Common Agreement Declarations,
beginning on the effective date and expiring on the date of termination, expiration or cancellation of
the Coverage Agreement, whichever is earliest.
C. Assumed under contract means liability for damages for personal injury which the Covered
Party is required to indemnify based upon a written contract, hold harmless agreement, indemnity
agreement, or similar arrangement, which document: (i)was executed by the Covered Party
prior to the occurrence of the personal injury for which indemnity is sought, and (ii) requires the
Covered Party to indemnify for personal injury caused in whole or in part by the content of
media material used in a media communication.
D. Authorized Employee means an employee of yours who is authorized by you to transfer, or to
instruct others to transfer, money or securities.
E. Claim means:
1. a written demand received by a Covered Party for monetary damages, including
the service of suit or initiation of arbitration proceedings;
2. the initiation of a suit or arbitration proceeding against a Covered Party seeking
injunctive relief; and
3. with respect to coverage provided under Insuring Clause 1.6.3 only, the institution of a
regulatory proceeding against the Covered Party.
F. Claim Expenses mean:
1. Reasonable and necessary fees for the defense of a claim defended by an attorney
selected by the Trust in accordance with Section III Defense and Settlement as well as
other reasonable and necessary fees, costs and expenses that result from the
investigation, adjustment, negotiation, arbitration, defense or appeal of a claim; and
2. Premiums on appeal bonds, attachment bonds or similar bonds. Provided, however the
Trust is not obligated to apply for or furnish any such bond.
G. Computer system means computer hardware, software, networks, networking equipment,
applications, associated electronic devices, electronic data storage devices, input and output
devices, and back up facilities operated by, owned by, leased to the Covered Party.
H. Covered Party per the definition from PGIT MN-500 and the following with respects to this
endorsement only:
1. independent contractors but only for media communication services performed at the
direction and for the benefit of the Covered Party;
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Damages means any compensatory damages resulting from a judgment, award or settlement,
including pre-judgement and post-judgement interest, which the Covered Party becomes legally
obligated to pay as a result of a claim, and punitive, exemplary damages, and multiple damages, if
the insuring of such damages is permitted under the laws and public policy of the applicable
jurisdiction under which this Coverage Agreement is construed, which the Covered Party
becomes legally obligated to pay as a result of a claim. Enforceability of punitive, exemplary
damages and multiple damages will be governed by the applicable law that most favors affirmative
coverage for such damages.
Damages does not include:
1. the return, reduction, loss or restitution of fees, profits, charges, commissions or royalties
for goods or services already provided or contracted to be provided, disgorgement of
unjust enrichment or profits expenses or costs for media communication performed or to
be performed by the Covered Party;
2. Lost investment income;
3. Costs incurred by a Covered Party to withdraw or recall technology products, including
products that incorporate a Covered Party's technology products, technology
services, or professional services;
4. Costs incurred by a Covered Party to correct, re-perform or complete any technology
services or professional services;
5. Costs incurred by a Covered Party or by a third party at the direction of the Covered
Party to remediate, repair, replace, restore, modify, update, upgrade, supplement, correct,
or otherwise improve a network to a level of functionality beyond that which existed prior
to a cyber security breach;
6. Civil or criminal fines or penalties or compliance violation remedies imposed on a Covered
Party; provided however, civil fines or penalties shall constitute damages under insuring
agreement I.D.1. PCI DSS Coverage;
7. Liquidated damages in excess of a Covered Party's liability that otherwise results from a
third party wrongful act;
8. The monetary value of an electronic fund transfer or transaction that is lost or diminished;
9. Any amounts incurred prior to the Covered Party providing notice of a claim
pursuant to the terms of this Coverage Agreement;
10. The value of non-monetary relief, including any amount attributable to or arising therefrom;
or
11. Royalty or licensing fees or payments.
The term"applicable jurisdiction"shall mean for the purposes of this policy that jurisdiction
most favorable to the insurability of punitive or exemplary damages provided that the
jurisdiction must be:
a. where the punitive or exemplary damages were awarded or imposed;
b. where any act which forms the basis of the claim took place; or
c. where any Covered Party is incorporated, resides, or has its principal place of business.
J. Data Breach means the unauthorized taking, acquisition, obtaining, use or disclosure of
information on a computer system, including but not limited to personally identifiable
information,charge, debit, and credit card information, banking, financial, and investment
services account information, proprietary information, and personal, private, and confidential
information.
K. Data Breach Reporting Requirement means any provision in a law, statute or regulation,
domestic or foreign, that required the covered party to provide notification to affected persons of a
breach of such person's personally identifiable information or protected health information.
L. Data Breach Response and Crisis Management Costs means
1. Reasonable and necessary costs charged by Breach Response Providers to:
a. Determine the legal applicability of and actions necessary to respond to a data breach
reporting requirement;
b. Perform computer forensics to determine the existence, cause and scope of a data
breach or cyber security breach;
PGIT MN-700(10 24) Page 7
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C. Notify individuals of a data breach who are required to be notified pursuant to any data
breach reporting requirement;
d. Voluntarily notify individuals of a data breach who may not be required to be notified;
e. Operate a call center to manage data breach inquiries;
f. Provide credit or identity monitoring and identity protection and restoration services or
any similar service for those individuals whose personally identifiable information was
or may have been breached;
g. Provide medical identity restoration for those individuals whose protected health
information was or may have been breached;
h. Minimize harm to the Covered Party's reputation by hiring a public relations or crisis
communications firm, and
2. Reasonable and necessary costs charged by any qualified provider that is not a Breach
Response Provider so long as the qualified provider:
a. Is pre-approved in writing by the Trust; or
b. Provides comparable services to those enumerated in 1.(a)through 1.(h)above and
whose rate shall not exceed the rate the Trust has pre-negotiated with the Breach
Response Providers; and
3. Reasonable and necessary costs charged by PCI Forensics Investigator to perform forensics
to determine the existence, cause and scope of a breach or suspected breach of cardholder
data.
M. Cyber Extortion Expenses means
1. reasonable and necessary money, digital currency, property or other consideration
surrendered as payment by or on behalf of the covered party,with prior written agreement by
the Trust, in order to eliminate, mitigate, or remove a cyber-extortion threat; and
2. Reasonable and necessary amounts paid, with prior agreement of the Trust, to qualified third
parties to facilitate or negotiate an actual payment by or on behalf of the covered party as set
forth in paragraph 1 of this definition, including any transaction or currency exchange fees.
Coverage for 1 and 2 above require prior written consent of the Trust.
Amounts surrendered as payment will be deemed reasonable and necessary cyber-extortion
expenses only when the covered party shows by clear evidence that the amounts surrendered
plus any loss of business income and data recovery expenses otherwise covered by this
Policy is materially and measurably less than the sum of any loss of business income and data
recovery expenses that would have otherwise been covered by this Coverage Agreement. The
Covered Party must prepare and submit a complete and final proof of loss to the Trust in
conformations with the notice requirements of this coverage agreement section VII a. In no
event will the Trust pay or commit to pay any cyber extortion expenses before such amounts
are actually paid by the covered party and submitted to the Trust for reimbursement in
conformance with this provision.
N. Extra Expense means reasonable and necessary expenses, including payroll, in excess of the
covered party's normal operating expenses that the covered party incurs to reduce or avoid
loss of business income and/or restore business operations.
O. Extortion Threat means a threat made by a third party or rogue employee demanding payment
in consideration for the elimination, mitigation or removal of the threat intended to:
1. Disrupt the network to impair business operations of the Covered Party;
2. Alter, damage or destroy data stored on the network;
3. Use the network to generate and transmit malware to third parties;
4. Deface the Covered Party's website;
5. Access or release data, including personally identifiable information, protected
health information; confidential business information, stored or previously stored
on the network;
6. Refuse to return data stolen from the network;
7. Prevent access to the network or data by using encryption and withholding the
decryption key.
8. Disclose any fact relating to the foregoing to the public or any third party.
P. Funds Transfer Fraud Loss means loss of money or securities directly resulting from a funds
transfer fraud event.
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Q. Funds Transfer Fraud Event means an unauthorized and fraudulent written, electronic, or
telephonic instruction transmitted to a financial institution by a third party falsely purporting to be
the covered party, directing such financial institution to transfer, pay, debit or deliver money or
securities from the Covered Party's account without its knowledge or consent.
R. Insured invoice means a printed or electronic statement of any payment owed to the Covered
Party for goods, products, or services provided by same.
S. Invoice Manipulation Fraud Event means the release or distribution of any fraudulent payment
instructions to the Covered Party's client, customer or vendor as a direct result of a cyber
security breach in order to mislead or deceive the Covered Party's client, customer, or vendor
into transferring payment intended for paying an Insured Invoice to another person or entity.
T. Invoice Manipulation Loss means the financial loss the Covered Party incurs directly from being
unable to collect payment from the Covered Party's client, customer, or vendor for any Insured
invoice directly resulting from an invoice manipulation fraud event. It does not include any profit
to the Covered Party as a result of providing goods, products, or services which is the subject of
such invoice manipulation loss.
U. Related Matter
1. A third party wrongful act that is the same, similar or arises from a continuous nexus of
facts, circumstances, acts, errors or omissions,whether or not such third party wrongful
act is logically or causally related or connected; or
2. A first party incident that is the same, similar, or arises from a continuous nexus of facts
or circumstances, whether or not such first party incident is logically or causally related or
connected.
V. Malicious code means any unauthorized, corrupting, or harmful virus, Trojan Horse, worm, logic
bomb or other similar software program, code or script designed to insert itself onto a computer
disk or into computer memory and migrate from one computer to another.
W. Matter means the content of communication, including language, data, facts, fiction, music,
photographs, images, artistic expression, or visual or graphical materials. Provided, however,
matter does not include technology products or products or services described, illustrated or
displayed in matter.
X. Media communication means the publishing, transmission, display, broadcast, web cast,
dissemination, distribution or release of media material to the public by or on behalf of the
Covered Party.
Y. Media material means information in the form of words, sounds, numbers, images, or graphics in
electronic, print, digital or broadcast form, including advertising.
Z. Media Wrongful Act means any of the following resulting from the Covered Party acquiring,
blogging, broadcasting, collecting, disseminating, distributing, editing, exhibiting, gathering,
obtaining, posting, producing, publishing, releasing, researching, recording, tweeting or uttering,
matter through traditional and/or digital methods, including cable television, radio, movie and music
studios, public speaking, newspapers, magazines, books and print publications, website, apps, CD-
ROMS and DVDs:
1. Libel, slander, or any other form of defamation or harm to the character or reputation of any
person or entity, including product disparagement or trade libel;
2. Copyright infringement or misappropriation of property rights, information or ideas or dilution or
infringement of title, slogan trademark, trade dress, logo,trade name, service mark or service
name;
3. Common law unfair competition or unfair trade practices alleged as a direct result of the acts
described above in sections Z.1 and Z.2;
4. Invasion or infringement of the right of privacy or publicity, including the torts of intrusion upon
seclusion, publication of private facts, false light, and misappropriation of name or likeness;
5. Infliction of emotional distress or mental anguish;
6. False arrest, detention or imprisonment, harassment, trespass,wrongful entry or eviction,
eavesdropping, or other invasion of the right of private occupancy;
7. Plagiarism, piracy or misappropriation of ideas under implied contracts; and
AA. Money means the Covered Party's:
1. Currency, coins and bank notes in current use and having a face value; and
2. Traveler's checks and money orders held for sale to the public.
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BB. Cyber Security breach means:
1. any unauthorized: access to, use or misuse of, modification to the network, and/or denial
of network resources by cyber-attacks perpetrated by a third party or rogue employee
through any electronic means, including malware, viruses, worms, and Trojan horses,
spyware and adware, zero-day attacks, hacker attacks and denial of service attacks.
A series of continuing cyber security breaches or related, repeated, or similar cyber security
breaches shall be considered a single cyber security breach and be deemed to have occurred at
the time of the first such cyber security breach.
CC. Newly acquired subsidiary means any entity newly formed or acquired by the Covered Party
during the agreement period in which the Covered Party has more than fifty percent(50%)
of the legal or beneficial interest, but only upon the conditions that:
1. Within sixty(60)days of such formation or acquisition,the Covered Party has provided the
Trust with full particulars of such newly acquired subsidiary and the Trust has agreed in
writing to insure such newly acquired subsidiary,but the Trust shall not be required to
insure such newly acquired subsidiary;
2. The Covered Party has paid the additional premium, if any, charged by the Trust and
has agreed to any amendment of the provisions of this policy; and
3. The Trust will only provide coverage with respect to a Claim when the act or omission is
committed on or after the date such newly acquired subsidiary became a newly
acquired subsidiary and prior to the date such newly acquired subsidiary ceased to be
a newly acquired subsidiary.An entity ceases to be a newly acquired subsidiary under
this policy on the date during the agreement period that the Covered Party's legal or
beneficial interest in such entity becomes less than fifty percent(50%).
DD. Period of Restoration means the time period that begins on the specific date the actual
interruption of the use of the Covered Party's computer system starts and ends on the
specific date that the actual interruption of the use of the computer system ends. In no event,
however, shall the period of restoration mean a time period to exceed sixty (60)days.
EE. Personally identifiable information means an individual's name in combination with one or
more of the following:
1. information concerning the individual that constitutes "non-public personal information"
as defined in the Gramm-Leach Bliley Act of 1999, as amended, and regulations
issued pursuant to the Act;
2. medical or health care information concerning the individual, including"protected
health information" as defined in the Health Insurance Portability and Accountability Act
of 1996, as amended, and regulation issued pursuant to the Act;
3. the individual's social security number, driver's license or state identification number,
credit, debit, or other financial account numbers and associated security codes, access
codes, passwords or personal identification numbers (PINS)that allows access to the
individual's financial account information; or
4. other non-public personally identifiable information, as protected under any local,
state, federal or foreign statute or regulation.
Provided, however, personally identifiable information does not mean information that
is lawfully available to the public, including information from any local, state, federal or
foreign governmental entity or body.
FF. Personal injury means injury other than bodily injury to a third-party arising out of one or more
of the following offenses by reason of a Covered Party's act, error or omission in the
performance of or negligence regarding the content of any media communication:
1. false arrest, detention or imprisonment;
2. libel, slander, or other defamatory or disparaging statement or materials;
3. oral or written publication of material that violates an individual's right of privacy;
4. wrongful entry or eviction, or other invasion of the right of private occupancy;
5. plagiarism, piracy or misappropriation of ideas or style of doing business; and
6. infringement or misappropriation of copyright, title, slogan, trademark, trade name,
trade dress, logo, service mark or service name.
GG. Privacy notification costs mean reasonable and necessary:
1. costs to hire a security expert to determine the existence and cause of any theft or
unauthorized access to or disclosure of personally identifiable information;
2. costs to notify consumers under a data breach reporting requirement;
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3. fees incurred to determine the actions necessary to comply with a data breach
reporting requirement; and
4. credit monitoring services of the affected consumers if required by data breach
reporting requirement.
Privacy notification costs will be paid first and will reduce the limit of liability available to pay
damages. Privacy notification costs do not mean fees, costs or expenses of employees or
officers of the Trust, or salaries, loss of earnings, overhead, or any other remuneration by, to or
of any Covered Party.
HH. Privacy policy means written documents that set forth the Covered Party's policies, standards,
practices and procedures for the acquisition, obtaining, collection, use, disclosure, sharing,
transmission, dissemination, correction, access to or supplementation of personally
identifiable information.
II. Privacy and Security wrongful act means:
1. the theft or unintentional disclosure or mishandling of personally identifiable
information that is in the care, custody, or control of the Covered Party; or
2. violation of any law, statute or regulation governing the authenticity, availability,
confidentiality, storage, control, disclosure, integrity,or use of personally
identifiable information or protected health information; or
3. the Covered Party's unintentional failure to timely disclose a breach in violation
of any data breach reporting requirement.
4. Failure to reasonably implement privacy or security practices required by law or
regulations.
5. Failure to prevent a cyber security breach that results in:
a.) The inability of an authorized user to gain access to the network;
b.) The malicious addition, alteration, copy, destruction, deletion, disclosures, damage,
removal or theft of data residing on the network; or
c.) The transmission of malware from the network to third parties; or
6. Failure to comply with the Covered Party's privacy policy and/or privacy notice.
JJ. Regulatory fines means any civil fine or civil monetary penalty imposed in a regulatory
proceeding payable by the Covered Party to the government entity bringing such regulatory
proceeding in such entity's regulatory or official capacity.
KK. Regulatory proceeding means a request for information, civil investigative demand, suit, civil
investigation, or civil proceeding commenced by the service of a complaint or similar pleading by
or on behalf of any local, state, federal or foreign governmental entity in such entity's regulatory
or official capacity which may reasonably be expected to give rise to a claim covered by this
policy.
LL. Subsidiary means any entity of which the Covered Party owns, either legally or beneficially,
more than a fifty percent(50%) interest in such entity. On the date during the agreement period
that the Covered Party's legal or beneficial ownership interest in such entity becomes less than
fifty percent(50%), such entity will cease to be a subsidiary under this policy. In such event,
coverage will be provided under this policy, but only with respect to acts or omissions committed
prior to such date in accordance with all other terms and conditions of this policy. No coverage
will be afforded under this policy with respect to claims made against a Covered Party based
on any act or omission that was committed on or subsequent to such date.
MM. Securities means your negotiable and nonnegotiable instruments or contracts representing
either money or property, and includes tokens, tickets, revenue, and other stamps (whether
represented by actual stamps or unused value in a meter) in current use, and evidences of debt
issued in connection with credit or charge cards, which cards are not issued by the Covered
Party.
NN. Social Engineering Financial Fraud Event means the transfer of money or securities to an
account outside your control pursuant to instructions made by a person purporting to be an
authorized employee,outsourced provider or customer of yours, when such instructions prove to
have been fraudulent and issued by a person who is not an authorized employee, outsourced
provider, or customer of yours.
00. Social Engineering Financial Fraud Loss means loss of money or securities directly resulting
from a social engineering financial fraud event.
PP. Unauthorized access means the gaining of access to computer systems by an unauthorized
person or persons.
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QQ. PCI DSS Fines and Costs means fines, penalties, assessments, fraud recovery and operational
expense recovery that the Covered Party is contractually obligated to pay under its Merchant
Services Agreement(s) as the result of a PCI DSS wrongful act by the Covered Party or an
outsourced provider. Provided however, PCI DSS fines and costs does not mean interchange
fees, discount fees or prospective service fees.
RR. PCI DSS Wrongful act means any actual or alleged cyber security breach or privacy and
security wrongful act resulting in the unauthorized acquisition of cardholder data as defined under
PCI-DSS.
SS. Merchant Services Agreement means an agreement between the Covered Party and a financial
institution, credit/debit card company, credit/debit card processor or Independent service operator
enabling the covered party to accept credit card, debit card, prepaid card, or other payment cards
for payments or donations.
TT. Network means a connected system of computing hardware, software,firmware, and associated
electronic components and mobile devises, including industrial control systems and SCADA systems
(supervisory control and data acquisition systems)or other industrial IT, under the ownership,
operation or control of or leased by a Covered Party.
UU. Dependent Business means any entity the Covered Party relies on to conduct operations pursuant
to a written contract.
VV. Dependent Business Interruption Loss means:
1. loss of business income after the waiting period;
2. extra expense in excess of the applicable deductible,
during the period of restoration that the covered party incurs resulting from a cyber security
breach to a dependent business directly causing a total or partial interruption or deterioration in the
covered party's business operations.
Dependent Business Interruption Loss does not mean:
1. loss of market share or other consequential loss;
2. loss arising out of liability to any third party;
3. legal expenses;
4. loss incurred as a result of unfavorable business conditions.
WW. System Failure Dependent Business Interruption Loss means
1. loss of business income after the waiting period;
2. extra expense in excess of the applicable deductible,
during the period of restoration that the covered party incurs resulting from a system failure to a
dependent business directly causing a total or partial interruption or deterioration in the Covered
Party's business operations.
System Failure Dependent Business Interruption Loss does not mean:
1. loss of market share or other consequential loss;
2. loss arising out of liability to any third party;
3. legal expenses;
4. loss incurred as a result of unfavorable business conditions.
XX. System Failure means any unintentional and unplanned outage or failure of the network.
YY. System Failure loss means Loss of Business income and extra expense.System Failure loss
does not include losses arising out of loss of market share or any other consequential loss and any
losses incurred by the covered party to upgrade, enhance, or replace the network to a condition
beyond that which existed immediately prior to sustaining a system failure.
ZZ. Waiting Period means the number of hours that must elapse prior to commencement of the period
of restoration.
AAA. Breach Response Providers means the Trust's pre-approved panel of breach response vendors.
BBB. Loss of Business Income means net income(net profit or net loss before income taxes)that could
have reasonably been earned or net loss that could have reasonably been avoided, including the
costs of retaining a forensic accountant to determine such amount. Such forensic accountant will be
selected by the Trust.
A loss of business income calculation is based upon the amount of actual loss of business income the
Covered Party sustains per hour during the period of restoration.
CCC. Rogue Employee means an employee of the Covered Party who deliberately acts outside the
course and scope of employment and whose intentional conduct results in a claim or first party
incident; provided, however, rogue employee does not include an executive officer.
DDD. First Party Incident means a cyber security breach, extortion threat, or data breach.
EEE. Third Party Wrongful Act means a media wrongful act, privacy and security wrongful act,
and PCI DSS wrongful act.
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FFF. Technology products means computer or telecommunications hardware or software products,
components or peripherals or electronic products or components, including software updates, service
packs and other maintenance releases provided for such products:
1. Created, designed, distributed, manufactured, or sold by or on behalf and for the benefit of a
Covered Party; or
2. Leased or licensed by a Covered Party to third parties
GGG. Technology services means any computer, cloud computing, information technology,
telecommunication, electronic services and any related consulting and staffing services, including
data processing, data and application hosting, the provision of managed services, software as a
service(SaaS), platform as a service(PaaS), infrastructure as a service (laaS), network as a service
(NaaS), computer systems analysis, computer consulting and training, programming, computer
systems installation, management, repair, and maintenance, network design and Internet service.
HHH. Payment means currency and bank notes in current use and having a face value; and traveler's
checks and money orders held for sale to the public. Payment shall not include cryptocurrency in any
form
III. Vendor means any person(s)or entity(s)with whom the Covered Party has entered into a written
contract to provide services to the Covered Party and is not owned, operated, or controlled be a
covered party.
JJJ. Bricking Incident means a cyber security breach that renders a computer device or Internet of
Things device(loT)non-functional for its intended purpose, only if reasonable efforts have been
made and such device cannot be restored to the level of functionality that existed immediately
preceding the cyber security breach.
KKK. Hardware Replacement Costs means the reasonable and necessary costs to replace a computer
device or Internet of Things Device with identical or commercially equivalent items that perform the
same function.
LLL. Internet of things device(loT)means any nonstandard computer device that connects
electronically to a network and has the ability to transmit data.
MMM. Computer device means desktop and laptop computers, associated input and output devices,
mobile devices, data storage devices, networking equipment and back up facilities.
NNN. Crypto-Jacking Event means any unauthorized access to, use or misuse of, and/or modification to
the network by cyber attacks perpetrated by a third party or rogue employee through any electronic
means, including malware, viruses,worms, and Trojan Horses, spyware and adware, zero-day
attacks, hacker attacks and denial of service attacks, for the purpose of mining cryptocurrency that
directly results in an utility fraud loss incurred by the Covered Party.
000. Telecommunications Fraud Event means any unauthorized access to, use or misuse of, and or
modification to the Covered Party's telephone system by cyber-attacks perpetrated by a third party
or rogue employee through any electronic means, including malware, viruses, worms, and Trojan
horses, spyware and adware, zero-day attacks, hacker attacks and denial of service attacks, which
directly results in an utility fraud loss incurred by the Covered Party in the form of long-distance
telephone charges.
PPP. Utility Fraud Loss means an increase in service charges or fees incurred by the Covered Party
resulting from the unauthorized use of any of the following utilities services:
1. electricity;
2. natural gas;
3. oil;
4. water;
5. internet access, including mobile data;
6. cable or satellite television; or
7. telephone.
provided, however that such additional charges or fees for the utilities services are:
1. incurred pursuant to a written contract between the Covered Party and the respective utility
provider, which was executed before the crypto-jacking event or telecommunications fraud
event first occurred;
2. charged to the Covered Party in a periodic billing statement issued by the respective utility
provider, which includes usage or consumption information; and
3. not charged at a flat fee to the Covered Party that does not scale with the rate or use of the
respective utilities service our resource.
QQQ. Data Recovery Expenses means reasonable and necessary costs incurred by the Covered Party
with prior written consent of the Trust to:
1. Determine whether damaged or destroyed computer programs, software or electronic data can
be replaced, recreated, restored or repaired; and
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2. Replace, recreate, restore or repair such damaged or destroyed computer programs, software
or electronic data residing on the network to substantially the form in which it existed
immediately prior to a cyber security breach.
RRR. Consequential Reputational loss means net income (net profit before income taxes)that would
have been earned by the covered party but for adverse publicity. Consequential Reputational
Loss does not include:
1. Amounts arising out of liability to a third party for any reason;
2. Legal costs or legal expenses of any type;
3. Any internal salary, costs or overhead expenses of the covered party
SSS. Adverse Publicity means the public dissemination in the media of an actual or alleged cyber
security breach or data breach which damages the covered party's brand, reputation, or
customer trust.
TTT. Cyber Act means the use of any computer system or technique involving any combination of
software, hardware, malware, and exploits to:
1. Disrupt, deny access to, degrade, manipulate, damage, or destroy a computer system; or
2. To compromise, destroy or threaten the integrity, confidentiality, or availability of computers,
information or communications systems or networks, physical or virtual infrastructure controlled
by computers or information systems, or information or data stored on any computer system.
UUU. Cyber Terrorism means any actual or threatened attack against the network, with the intention to
cause harm, to further social, ideological, religious, or political objectives or to intimidate any
person or entity in furtherance of such objectives. Cyber terrorism, however, does not include any
such activities which are by, or by those acting under the direction or the control of, a sovereign
state or non-state organized armed group by which are part of or in support of any war or use of
force.
VVV. War means any conflict involving the use of physical force, regardless of the duration, intensity or
scope, between two or more sovereign states, a sovereign state(s) and non-state organized armed
group(s), or two or more non-state organized armed groups or as part of a civil war, rebellion,
revolution, insurrection or military or usurped power, whether war be declared or not.
VI. EXCLUSIONS
This endorsement does not apply to any claim or first party incident alleging, arising out of, based
upon, or attributable to:
A. Deliberate Acts/Personal Profit
Based upon or arising out of any dishonest, intentionally or knowingly wrongful, fraudulent,
criminal or malicious act or omission by a Covered Party.The Trust will provide the Covered
Party with a defense of such claim and pay claim expenses for any such suit which is brought
alleging such dishonest, intentionally wrongful, fraudulent, criminal or malicious act or omission
as a single allegation in a multiple allegation suit, provided any one allegation is covered under
this policy. Criminal proceedings are not covered under this policy regardless of the allegations
made against the Covered Party.
Based upon or arising out of the gaining of any personal profit or advantage to which the
Covered Party is not legally entitled.
B. Prior Acts
Based upon or arising out of:
1. any fact, circumstance, situation, transaction, act, error, omission, or event which,
before the inception date of this policy, was the subject of any notice given under any
other insurance policy; or
2. any fact, circumstance, situation, transaction, act, error, omission, or event,whenever
occurring, which, together with any fact, circumstance, situation, transaction, act,
error, omission, or event which has been the subject of such notice, would constitute
a related matter.
C. Bodily Injury/Property Damage
Based upon or arising out of bodily injury, sickness, disease, emotional distress, mental injury,
mental tension, mental anguish, pain and suffering, humiliation or shock sustained by any person,
including death that results from any of these or damage to or destruction of any tangible property,
including loss of use thereof whether or not damaged or destroyed; provided, however damage to
or destruction of any tangible property does not include the loss of use of computer hardware
resulting from a bricking incident. For the purposes of this exclusion, "tangible property" shall not
include electronic data.
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D. Employment Practices
Based upon or arising out of discrimination, humiliation, harassment, or misconduct based on an
individual's race, creed, color, age, gender, national origin, religion, disability, marital status or
sexual preference or other classification. The Trust will provide the Covered Party with a
defense of such claim and pay claim expenses for any suit which is brought alleging such
discrimination as a single allegation in a multiple allegation suit, provided any one allegation is
covered under this policy.
E. Ownership
Claims made against the Covered Party if, at the time the third party wrongful act giving rise
to such claim was committed:
1. any Covered Party controlled, owned, operated or managed the claimant; or
2. any Covered Party was an owner, partner, member, director, officer or employee of
the claimant;
Control of or ownership in a business enterprise is presumed if any Covered Party owned or
held ten percent(10%) or more of the equity and/or debt instruments of a publicly held
corporation, or forty percent(40%) or more owner voting stock of a privately held corporation.
F. Covered Party v.Covered Party
By or on behalf of any Covered Party under this policy against any other Covered Party
hereunder; however, this exclusion shall not apply to a claim made by an employee of either the
Covered Party or a subsidiary or newly acquired subsidiary otherwise covered under this
insuring agreement.
G. ERISA/Securities
Based upon or arising out of actual or alleged violation of:
1. the Employee Retirement Income Security Act of 1974;
2. the Securities Act of 1933;
3. the Securities Exchange Act of 1934;
or any rules, regulations or amendments issued in relation to such acts, or any similar state or
federal statutes or regulations, including any claim based upon common law principles of liability.
H. Pollution
Based upon or arising out of, whether suddenly or over a long period of time, any:
1. actual, alleged or threatened emission, discharge, dispersal, seepage, release or escape
of pollutants; or any injury, damage, payments, costs or expense incurred as a result of
any testing for, monitoring, removal, containment, treatment, detoxification, neutralization
or cleanup of pollutants; or
2. injury, damage, payments, costs or expense incurred as a result of any testing for,
monitoring, removal, containment, treatment, detoxification, neutralization or cleanup of
any pollutants.
Contractual
Based upon or arising out of any liability of others assumed by the Covered Party under any
express, implied, actual, constructive, oral or written contract, agreement, warranty, guarantee,
assurance, covenant, representation or promise, unless such liability would have attached to the
Covered Party even in the absence of such contract or agreement; however, solely with respect
to Insuring Agreement I.A., this exclusion does not apply to liability assumed under contract;
J. Guarantees
Based upon or arising out of any express, implied, actual, constructive, oral or written contract,
agreement, warranty, guarantee, assurance, covenant, representation or promise:
1. for or relating to return on investment, cost savings, or profits;
2. for or relating to time of delivery; or
3. which creates or requires compliance with an expressed or implied duty to exercise
a degree of care or skill higher than applicable industry standards.
K. Advertising
Based upon or arising out of:
1. fees, expenses, cost guarantees, cost representations, pricing guarantees, price
representations, contract price, estimates of probable costs, or cost estimates actually or
allegedly being exceeded;
2. any actual or alleged gambling, contest, lottery, promotional game or other game
of chance;
3. inaccurate, inadequate, or incomplete description of the price of goods, products or
services; or
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4. the failure of goods, products or services to conform with any represented or
implied quality or performance contained in advertising.
L. Business Practice
Based upon or arising out of any actual or alleged anti-trust violation, price fixing,
monopolization, predatory pricing, price discrimination, restraint of trade, unfair competition,
violation of consumer protection laws (except consumer privacy protection laws for claims
involving a privacy wrongful act),false, deceptive or unfair trade practices, false, deceptive or
misleading advertising, or violation of the Sherman Anti-Trust Act, the Clayton Act, the
Robinson-Patman Act, as amended, the Federal Trade Commission Act, or any other local,
state, federal, or foreign law involving monopoly, price fixing, anti-trust, predatory pricing, price
discrimination, unfair competition, false, deceptive or unfair trade practices, false, deceptive or
misleading advertising, consumer protection or restraint of trade.
M. Patent
Based upon or arising out of any actual or alleged infringement, misappropriation, dilution,
misuse or inducement to infringe, misappropriate, dilute or misuse any patent or patent right.
N. Privacy
Based upon or arising out of:
1. telemarketing or the distribution of unsolicited email, direct mail, or facsimiles;
2. the collection of information by means of electronic"spiders", "spy bots", "spyware" or
similar means, wire tapping or bugging, video camera, or radio frequency
identification tags; or
3. the unlawful collection or acquisition of personally identifiable information,or the
failure to comply with a legal requirement to allow a person to opt-in or opt-out of
the Covered Party's obtaining, acquisition, compilation or use of that person's
personally identifiable information.
O. Governmental Action
Except with respect to Insuring Agreement I.B.3, brought by or on behalf of the Federal Trade
Commission, the Federal Communications Commission, or any federal, state, local or foreign
governmental entity, in such entity's regulatory or official capacity.
P. Software Responsibility
Based upon or arising out of any actual or alleged failure to install available software product
updates and releases, or to apply security-related software patches, to computers and other
components of a computer system.
Q. Act of God
Based upon or arising out of any actual or any way involving any actual or alleged fire, flood,
earthquake, volcanic eruption, explosion, lighting, wind, hail, tidal wave, landslide, act of God or
other physical event.
R. Recovery of Profits, Royalties and Fees
Based upon or arising out of:
1. accounting or recovery of profits, royalties, fees or other monies claimed to be due
from a Covered Party or any claim brought by any such party against a Covered
Party claiming excessive or unwarranted fees, compensation or charges of any kind
made by a Covered Party; or
2. licensing fees or royalties ordered, directed or agreed to be paid by a Covered Party
pursuant to a judgment, arbitration award, settlement agreement or similar order for the
continued use of a person or entity's copyright, title, slogan trademark, trade name, trade
dress, service mark, service name or other intellectual property right.
S. RICO
Violation of the Organized Crime Control Act of 1970 (commonly known as Racketeer Influenced
and Corrupt Organizations Act, or RICO) and any regulation promulgated under or pursuant to
the foregoing or any federal, state or local law analogous to the foregoing, whether such law is
statutory, regulatory, or common law.
T. Trade Secrets
Actual or alleged misappropriation of trade secrets; provided, however this exclusion shall not
apply to an otherwise covered claim directly resulting from a cyber security breach under
insuring agreement I.B.
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U. War
This policy does not apply to a claim or first party incident arising out of, based upon, or
attributable to:
1. War; or
2. Any cyber act by a party to the war, or by those acting at the direction or under the
control of a party to the war, that is conducted in the course or war; or
3. A cyber act, by or on behalf of a sovereign state or a non-state organized armed group,
that results in, or is a basis for, a response by a sovereign state that includes the use of
force.
However, this exclusion does not apply to cyber terrorism.
V. Infrastructure Failure includes electrical, mechanical, Internet, telecommunication, cable or
satellite failure, fluctuation or outage not under the operational control of the Covered Party,
however caused, including any electrical power interruption, short circuit, surge, brownout or
blackout, however this exclusion shall not apply to a telecommunications fraud event.
W. Governmental Orders includes any court order or demand requiring the Covered Party to provide
law enforcement, any administrative, regulatory or judicial body or any other governmental
authority access to personally identifiable information, protected health information, or confidential
business information.
X. Over-Redemption includes price discounts, prizes, awards, coupons, or any other valuable
consideration given in excess of the contracted or expected amount.
VII. CONDITIONS
A. Reporting of Claims, Potential Claims and Events Giving Rise to Privacy Notification Costs
1. The Covered Party,as a condition precedent to the obligations of the Trust under
this policy, will give written notice to the Trust as soon as reasonably possible during
the agreement period of any claim made against the Covered Party.
The Trust further agrees that the Covered Party may have up to, but not to exceed,
sixty (60)days after the policy expiration to report in writing to the Trust a claim made
against the Covered Party during the agreement period, if the reporting of such
claim is as soon as reasonably possible.
2. The Covered Party,as a condition precedent to the obligations of the Trust under
this policy, will give written notice to the Trust as soon as reasonably possible during
the agreement period of any event which might reasonably be expected to give rise
to privacy notification costs.
3. If during the agreement period, any Covered Party becomes aware of any act or
omission which may reasonably be expected to be the basis of a claim against any
Covered Party, including but not limited to any notice, advice or threat, whether written
or verbal, that any person or entity intends to hold the Covered Party responsible for
any alleged act or omission and gives written notice to the Trust with all available
particulars, including:
a. the specific act or omission;
b. the dates and persons involved;
c. the identity of anticipated or possible claimants;
d. the circumstances by which the Covered Party first became aware of the
possible claim; and
e. potential damages or injury;
then any claim that is subsequently made against the Covered Party arising out of
such act or omission will be deemed to have been made on the date such written notice
was received by the Trust. Said documents and information should be reported to the
Trust at the following address:
Preferred Governmental Insurance Trust
Claims Department
PO Box 614004
Orlando, FL 32861-4004
or
Liabilitvclaimsna.pgcs-tpa.com
PGIT MN-700(10 24) Page 17
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4. If during the agreement period the Covered Party gives written notice to the Trust of
an event which might reasonably be expected to give rise to privacy notification
costs,then any claim that is subsequently made against the Covered Party arising out
of such event will be deemed to have been made on the date such written notice was
received by the Trust.
B. Assistance and Cooperation
1. The Covered Party will cooperate with the Trust and upon the Trust's request, attend
hearings, depositions and trials; assist in effecting settlements, securing and giving
evidence,which includes, but is not limited to, obtaining the attendance of witnesses in
the conduct of suits and proceedings in connection with a claim or payment of privacy
notification costs; and allow a computer forensics expert access to systems,files, and
information.
2. The Covered Party will assist in the enforcement of any right of contribution or
indemnity against any person or organization who or which may be liable to any
Covered Party in connection with a claim or payment of privacy notification costs.
3. The Covered Party will not, except at the Covered Party's own cost, voluntarily make
any payment, assume or admit any liability or incur any expense without the prior
written consent of the Trust.
C. Action Against the Trust
1. No action may be brought against the Trust unless, as a condition precedent thereto:
a. The Covered Party has fully complied with all the terms of this policy; and
b. Other than with respect to coverage provided under Insuring Agreements
1.6.2 and 1.6.3, until the amount of the Covered Party's obligation to pay has
been finally determined either by judgment against the Covered Party after
actual trial and appeal or by written agreement of the Covered Party,the
claimant and the Trust.
2. Nothing contained in this policy will give any person or organization the right to join the
Trust as a defendant or co-defendant or other party in any action against the
Covered Party to determine the Covered Party's liability.
D. Bankruptcy
Bankruptcy or insolvency of the Covered Party or of the Covered Party's estate will not relieve
the Trust of any of its obligations hereunder.
E. Other Insurance
This policy is excess over any other valid and collectible insurance, self-insurance or
indemnification agreement available to the Covered Party,whether such other insurance or
indemnification agreement is stated to be primary, contributory, excess, contingent, self-
insurance or otherwise.
F. Subrogation
In the event of any payment for any damages, claim expenses or privacy notification costs
under this policy, the Trust will be subrogated in the amount of such payment to all the Covered
Party's rights of recovery against any person or organization. The Covered Party will execute
and deliver instruments and papers and do whatever else is necessary to secure such rights.
The Covered Party will do nothing to prejudice such rights.
G. Changes
Notice to any agent of the Trust or knowledge possessed by any such agent or by any other
person will not affect a waiver or a change in any part of this policy, and will not prevent or
preclude the Trust from asserting or invoking any right or provision of this policy. None of the
provisions of this policy will be waived, changed or modified except by a written endorsement
issued by the Trust to form a part of this policy.
H. Entire Contract
By acceptance of this policy the Covered Party warrants that:
1. All of the information and statements provided to the Trust by the Covered Party,
including but not limited to the application and any supplemental information, are true,
accurate and complete and will be deemed to constitute material representations made
by the Covered Party;
2. This policy is issued in reliance upon the Covered Party's representations;
PGIT MN-700(10 24) Page 18
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3. This policy, endorsements thereto, together with the completed and signed application
and any and all supplementary information and statements provided by the Covered
Party to the Trust(all of which are attached hereto and deemed to be incorporated
herein) embody all of the agreements existing between the Covered Party and the
Trust and shall constitute the entire contract between the Covered Party and the
Trust; and
4. Any material misrepresentation or concealment by the Covered Party or the Covered
Party's agent will render the policy null and void and relieve the Trust from all liability
herein.
Notices
Any notices required to be given by the Covered Party will be submitted in writing to the Trust or
its authorized representative at the address specified in the Declarations. If mailed,the date of
mailing of such notice will be deemed to be the date such notice was given and proof of mailing
will be sufficient proof of notice.
J. Assignment
No assignment of interest of the Covered Party under this policy is valid, unless the Trust's
written consent is endorsed hereon.
K. Innocent Covered Parties
Whenever coverage under this policy would be excluded because of dishonest, fraudulent,
criminal or malicious acts or omissions, the Trust agrees that such insurance as would otherwise
be afforded under this policy, will be applicable with respect to those Covered Parties who did
not personally participate or personally acquiesce in or remain passive after having knowledge of
such conduct. Each Covered Party must promptly comply with all provisions of this policy upon
learning of any concealment.
L. Social Engineering Financial Fraud
The coverage provided under Section II, D. shall apply only if the Covered Party verifies the
instruction to transfer money or securities by following a pre-arranged callback or other
established procedural method to authenticate the validity of the request prior to acting upon any
transfer instruction.
M. Valuation
Adjustment for loss related to a Bricking Incident will be computed as of the date of loss at the
place of the loss and for no more than the interest of the covered party and subject to a the limit
shown in Item 1. The adjustment of loss to computer device or loT Device will be subject to the
lesser of(1)the cost to repair; or(2)the cost to replace a computer device or loT Device with
equipment that is the most functionally equivalent even if such equipment: (a) has technological
advantages; (b) represents an improvement in function; or(c)forms part of a program or system
enhancement.
N. Alternative Dispute Resolution
Any dispute arising out of or relating to the Coverage Agreement, including its construction,
application and validity, or any breach thereof, will first be submitted to non-binding mediation
administered by a mediation facility to which the Trust and the Covered Party mutually agree.
The Covered Party and the Trust will attempt in good faith to settle the dispute in accordance
with the commercial mediation rules of the American Arbitration Association ('AAA') in effect at
the time of the dispute. No award of punitive damages will be made in any such mediation. Each
party will bear its own fees and costs in connection with any such mediation. However, the costs
incurred through the mediation facility, including the fees and expenses of the mediator, will be
shared equally by the parties unless the mediation award provides otherwise.All mediation
proceedings will be held in the State of Florida.
VIII. EXTENDED REPORTING PERIODS
A. Elimination of Right to Any Extended Reporting Period
There is no right to any Extended Reporting Period if the Trust cancels or refuses to renew this
policy due to:
1. nonpayment of amounts due under this policy;
2. noncompliance by the Covered Party with any of the terms and conditions of this
policy; or
3. any material misrepresentation or omission in the application or the supplementary
information and statements provided by the Covered Party for this policy.
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B. Extended Reporting Period -Not a New Policy
The Extended Reporting Period will not be construed to be a new policy and any claim or
event giving rise to privacy notification costs reported during such period will otherwise be
governed by this policy.
C. Automatic Extended Reporting Period
Effective upon the date of termination or cancellation of the Policy for any reason other than
nonpayment of premium, the Covered Party will automatically be provided a period of sixty
(60) days in which to give written notice to the Trust of:
1. Claims first made against the Covered Party during the agreement period or the
automatic extended reporting period for third party wrongful acts committed by a
covered party after the retroactive date and prior to the end of the agreement
period; or
2. first party incidents that are first discovered by a covered party during said sixty
(60) day period and otherwise covered by the Policy.
D. Optional Extended Reporting Period
Effective upon the date of termination or cancellation of the Policy for any reason other than
nonpayment of premium, the Covered Party will have the right to purchase an Optional
Extended Reporting Period of one (1), two(2), three (3), or six(6) years. Such right must be
exercised by the Covered Party within sixty (60)days of the date of termination or
cancellation of the Coverage Agreement by providing written notice to Preferred and
remitting the amount of additional premium described below in which to provide written
notice to Preferred of a claim first made against the Covered Party for a third party
wrongful act committed by the Covered Party after the retroactive date and prior to the
end of the coverage agreement period.
The additional premium for the Optional Extended Reporting Period will be for:
1. One (1) year, one hundred percent(100%) of the policy annual premium;
2. Two(2)years, one hundred fifty percent(150%) of the policy annual premium;
3. Three (3)years, one hundred seventy-five percent(175%) of the policy annual premium;
4. Six(6)years, two hundred fifty percent(250%)of the policy annual premium
PGIT MN-700(10 24) Page 20
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PreferredPGI I-.. VERNMENTAL PUBLIC ENTITY
INSURANCE TRU':
AUTOMOBILE
COVERAGE PART DECLARATIONS
ITEM ONE
COVERED PARTY: Naples Heritage Community Development District
AGREEMENT NO.: PK FL1 0114007 24-18
ITEM TWO
SCHEDULE OF COVERAGES AND LIMITS OF COVERAGE
This agreement provides only those coverages where a charge is shown in the premium column below. Each of these coverages will apply only to
those"autos"shown as covered"autos." "Autos"are shown as covered"autos"for a particular coverage by the entry of one or more of the symbols
from the Covered Autos Section of the Public Entity Automobile Coverage Form next to the name of the coverage.
COVERED AUTOS
(Entry of one or more of the LIMIT
symbols from the Covered
COVERAGES Auto Section of the Public THE MOST WE WILL PAY FOR ANY PREMIUM
Entity Automobile Coverage ONE ACCIDENT OR LOSS
Form shows which autos are
covered autos)
LIABILITY 8, 9 Total Any One $1,000,000 Included
Accident
$0 Deductible
Subject to PGIT MN-306
PERSONAL INJURY PROTECTION 5 STATUTORY Included
(or equivalent No-fault Coverage)
AUTO MEDICAL PAYMENTS Not Included
UNINSURED MOTORISTS Not Included
UNDERINSURED MOTORISTS Not Included
PHYSICAL DAMAGE ACTUAL CASH VALUE OR COST OF REPAIR, Not Included
COMPREHENSIVE COVERAGE WHICHEVER IS LESS, MINUS DED.AS
SCHEDULED FOR EACH COVERED
AUTO PER ATTACHED SCHEDULE.BUT NO
DEDUCTIBLE APPLIES TO LOSS CAUSED BY
FIRE OR LIGHTNING.See ITEM
FOUR For Hired Or Borrowed"Autos."
PHYSICAL DAMAGE SPECIFIED N/A ACTUAL CASH VALUE OR COST OF REPAIR, Not Included
CAUSES OF LOSS COVERAGE WHICHEVER IS LESS, MINUS$ DED.
FOR EACH COVERED AUTO FOR
LOSS CAUSED BY MISCHIEF OR
VANDALISM.See ITEM FOUR
For Hired Or Borrowed"Autos"
PHYSICAL DAMAGE COLLISION ACTUAL CASH VALUE OR COST OF REPAIR, Not Included
COVERAGE WHICHEVER IS LESS, MINUS DED.AS
SCHEDULED FOR EACH COVERED AUTO
PER ATTACHED SCHEDULE.See ITEM FOUR
For Hired Or Borrowed"Autos."
PHYSICAL DAMAGE TOWING AND N/A N/A For Each Disablement of A Private Not Included
LABOR (Not available in California) Passenger"Auto"
PREMIUM INCLUDED
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ITEM THREE
SCHEDULE OF COVERED AUTOS YOU OWN
SEE ATTACHED SCHEDULE
ITEM FOUR
SCHEDULE FOR HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS
LIABILITY COVERAGE
STATE ESTIMATED COST OF HIRE FOR EACH RATE FACTOR (if Liability PREMIUM
STATE Cov. Is Primary)
FL $ IF ANY FLAT CHARGE Included
PHYSICAL DAMAGE COVERAGE
COVERAGES LIMIT OF COVERAGE ESTIMATED ANNUAL RATE PER EACH$100 PREMIUM
THE MOST WE WILL PAY DEDUCTIBLE COST OF HIRE ANNUAL COST OF HIRE
ACTUAL CASH VALUE OR COST OF REPAIRS Not Included
COMPREHENSIVE OR WHICHEVER IS LESS,MINUS $IF ANY
DED.FOR EACH COVERED
AUTO.
ACTUAL CASH VALUE OR COST OF REPAIR.
SPECIFIED CAUSES WHICHEVER IS LESS,MINUS S DED.FOR $ $ $
OF LOSS EACH COVERED AUTO FOR LOSS CAUSED BY
MISCHIEF OR VANDALISM
ACTUAL CASH VALUE OR COST OF REPAIRS Not Included
COLLISION OR ,WHICHEVER IS LESS,MINUS $IF ANY
DED.FOR EACH COVERED
AUTO
PREMIUM Not Included
ITEM FIVE
SCHEDULE FOR NON-OWNERSHIP LIABILITY
NAMED COVERED PARTY'S BUSINESS RATING BASIS PREMIUM
Community Development District $IF ANY Included
FORMS AND ENDORSEMENTS
Forms and endorsements applying to this Coverage Part and made part of the coverage agreement at this time of issue:
See PGIT MN-002
Premium: $ INCLUDED
THIS SUPPLEMENTAL DECLARATIONS AND THE COMMON AGREEMENT DECLARATIONS, TOGETHER
WITH THE COMMON AGREEMENT CONDITIONS, COVERAGE PART(S), FORMS AND ENDORSEMENTS. IF
ANY, COMPLETE THE ABOVE NUMBERED AGREEMENT.
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Preferred
TAL
INSURANCE TRUST PUBLIC ENTITY
AUTOMOBILE COVERAGE FORM
Various provisions in this Coverage Agreement restrict coverage. Read the entire Coverage Agreement
carefully to determine rights, duties and what is and is not covered.
Throughout this Coverage Agreement the words"you"and "your" refer to the Named Covered Parties
shown in the Declarations. The words"we,""us"and"our" refer to the Trust providing this coverage.
Other words and phrases that appear in quotation marks have special meaning. Refer to
SECTION VI -DEFINITIONS.
SECTION I-COVERED AUTOS
ITEM TWO of the Declarations shows the"autos"that are covered"autos"for each of your coverages.
The following numerical symbols describe the "autos"that may be covered"autos."The symbols
entered next to a coverage on the Declarations designate the only "autos"that are covered"autos."
A. Description of Covered Auto Designation
Symbols SYMBOL DESCRIPTION
1 = ANY"AUTO."
2 =ALL OWNED"AUTOS"ONLY. Only those"autos" you own and or lease (and for Liability
Coverage any"trailers"you don't own while attached to power units you own). This
also includes all those"autos"you acquire ownership of after the coverage
agreement begins.
3 = OWNED PRIVATE PASSENGER"AUTOS"ONLY. Only the private passenger"autos"you
own. This includes those private passenger"autos"you acquire ownership of after the
coverage agreement begins.
4 = OWNED"AUTOS"OTHER THAN PRIVATE PASSENGER"AUTOS"ONLY. Only those"autos"
you own that are not of the private passenger type(and for Liability Coverage any"trailers"
you don't own while attached to power units you own). This includes those"autos" not of
the private
passenger type you acquire ownership of after the coverage agreement begins.
5 = OWNED"AUTOS" SUBJECT TO NO-FAULT. Only those"autos"you own and or lease that are
required to have No-Fault benefits in the state where they are licensed or principally
garaged. This includes those"autos"you acquire ownership of after the coverage
agreement begins provided they are required to have No-Fault benefits in the state
where they are licensed or principally garaged.
6 = OWNED"AUTOS" SUBJECT TO A COMPULSORY UNINSURED MOTORISTS LAW. Only
those"autos"you own and or lease that because of the law in the state where they are
licensed or principally garaged are required to have and cannot reject Uninsured Motorists
Coverage. This includes those"autos"you acquire ownership of after the coverage
agreement begins provided they are subject to the same state uninsured motorists
requirement.
7 = SPECIFICALLY DESCRIBED"AUTOS."Only those"autos" described in ITEM THREE of the
Declarations for which a premium charge is shown (and for Liability Coverage any
"trailers"you don't own while attached to any power unit described in ITEM THREE).
8 = HIRED"AUTOS"ONLY. Only those"autos"you hire, rent or borrow. This does not include any
"auto"you lease, hire, rent, or borrow from any of your employees or partners or
members of their households.
9 = NONOWNED"AUTOS"ONLY. Only those"autos"you do not own, hire, rent or borrow that are
used in connection with your business. This includes "autos"owned by your employees
or partners or members of their households but only while used in your business
10 = Per definition assigned on PGIT MN-399, if applicable.
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B. Owned Autos You Acquire After the Coverage Agreement Begins
1. If symbols 1, 2, 3,4, 5 or 6 are entered next to a coverage in ITEM TWO of the Declarations, then
you have coverage for"autos"that you acquire of the type described for the remainder of the
coverage agreement period. No additional or return premium during the remainder of the annual
coverage term, except as noted in 6.2.c. below. If the coverage agreement period is a two year
agreement then the annual premium change will be reflected in the 2nd year of the coverage
agreement renewal premium.
2. But, if symbol 7 is entered next to a coverage in ITEM TWO of the Declarations, an "auto" you
acquire will be a covered"auto"for that coverage only if:
a. We already cover all "autos"that you own for that coverage or it replaces an "auto"you
previously owned that had that coverage; and
b. You tell us within 30 days after you acquire it that you want us to cover it for that coverage.
c. Additional and return premium will be subject to pro-rata adjustment. This pro-rata
adjustment will apply to all coverage for the"autos"that are added or deleted.
C. Certain Trailers, Mobile Equipment and Temporary Substitute Autos
If this Coverage Form provides Liability Coverage, the following types of vehicles are also covered
"autos"for Liability Coverage:
1. "Trailers"with a load capacity of 2,000 pounds or less designed primarily for travel on public roads.
2. "Mobile equipment"while being carried or towed by a covered "auto."
3. Any"auto"you do not own while used with the permission of its owner as a temporary substitute
for a covered"auto"you own that is out of service because of its:
a. Breakdown;
b. Repair;
c. Servicing;
d. "Loss"; or
e. Destruction.
SECTION II -LIABILITY COVERAGE
A. Coverage
We will pay all sums a"covered party" legally must pay as damages because of"bodily injury"or
"property damage" to which this coverage applies, caused by an "accident" and resulting from the
ownership, maintenance or use of a covered"auto."
We will also pay all sums a"covered party" legally must pay as a"covered pollution cost or expense"to
which this coverage applies, caused by an"accident"and resulting from the ownership, maintenance or
use of covered"autos." However, we will only pay for the"covered pollution cost or expense" if there is
either"bodily injury"or"property damage"to which this coverage applies that is caused by the same
"accident."
We have the right and duty to defend any"suit" asking for such damages or a"covered pollution cost
or expense." However, we have no duty to defend "suits"for"bodily injury"or"property damage"or a
"covered pollution cost or expense" not covered by this Coverage Form. We may investigate and
settle any claim or"suit"as we consider appropriate. Our duty to defend or settle ends when the
Liability Coverage Limit has been exhausted by payment of judgments or settlements.
Any"leased auto"designated or described in the Schedule will be considered a covered "auto" you
own and not a covered "auto"you hire or borrow.
The coverages provided under this endorsement apply to any"leased auto" until the expiration date
of the Common Declarations page, or when the lessor or his or her agent takes possession of the
"leased auto,"whichever occurs first.
1. Who Is A Covered Party
The following are"covered parties":
a. You for any covered "auto."
b. Anyone else while using with your permission a covered "auto"you own, hire or borrow except:
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(1) The owner or anyone else from whom you hire or borrow a covered "auto."This exception does
not apply if the covered "auto" is a"trailer" connected to a covered"auto"you own.
(2) Your employee if the covered"auto" is owned by that employee or a member of his
or her household.
(3) Someone using a covered "auto"while he or she is working in a business of selling,
servicing, repairing or parking "autos" unless that business is yours.
(4) Anyone other than your employees, partners, a lessee or borrower or any of their
employees, while moving property to or from a covered"auto."
(5) A partner of yours for a covered "auto" owned by him or her or a member of his
or her household.
c. Anyone liable for the conduct of a "covered party" described above but only to the extent of that
liability.
2. Coverage Extensions
a. Supplementary Payments. In addition to the Limit of Coverage, we will pay for the"covered party":
(1) All expenses we incur.
(2) Up to $1,000 for cost of bail bonds (including bonds for related traffic law violations)
required because of an "accident"we cover. We do not have to furnish these bonds.
(3) The cost of bonds to release attachments in any "suit" we defend, but only for bond
amounts within our Limit of Coverage.
(4) All reasonable expenses incurred by the"covered party"at our request, including actual
loss of earning up to$250 a day because of time off from work.
(5) All costs taxed against the"covered party" in any "suit"we defend.
(6) All interest on the full amount of any judgment that accrues after entry of the judgment
in any"suit"we defend; but our duty to pay interest ends when we have paid, offered
to pay or deposited in court the part of the judgment that is within our Limit of
Coverage.
b. Out-of-State Coverage Extensions.
While a covered"auto" is away from the state where it is licensed we will:
(1) Increase the Limit of Coverage for Liability Coverage to meet the limits specified by a
compulsory or financial responsibility law of the jurisdiction where the covered "auto" is
being used. This extension does not apply to the limit or limits specified by any law
governing motor carriers of passengers or property.
(2) Provide the minimum amounts and types of other coverages, such as no-fault, required of
out-of-state vehicles by the jurisdiction where the covered"auto" is being used.
We will not pay anyone more than once for the same elements of loss because of these extensions.
B. Exclusions
This coverage does not apply to any of the following:
1. Expected or Intended Injury
"Bodily injury" or"property damage"expected or intended from the standpoint of the"covered party."
2. Contractual
Liability assumed under any contract or agreement.
But this exclusion does not apply to liability for damages:
a. Assumed in a contract or agreement that is an "insured contract" provided the"bodily
injury" or"property damage" occurs subsequent to the execution of the contract or
agreement; or
b. That the"covered party"would have in the absence of the contract or agreement.
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3. Workers' Compensation
Any obligation for which the"covered party"or the"covered party's" coverage provider may be held
liable under any workers' compensation, disability benefits or unemployment compensation law or
any similar law.
4. Employee Indemnification and Employer's Liability "Bodily injury"to:
a. An employee of the"covered party" arising out of and in the course of employment by the
"covered party"; or
b. The spouse, child, parent, brother or sister of that employee as a consequence of
paragraph a. above.
This exclusion applies:
(1) Whether the"covered party" may be liable as an employer or in any other capacity; and
(2) To any obligation to share damages with or repay someone else who must pay
damages because of the injury.
But this exclusion does not apply to"bodily injury"to domestic employees not entitled to
workers'compensation benefits or to liability assumed by the"covered party" under an
"insured contract."
5. Fellow Employee
"Bodily injury"to any fellow employee of the"covered party" arising out of and in the course of the
fellow employee's employment.
6. Care, Custody or Control
"Property damage"to or"covered pollution cost or expense" involving property owned or
transported by the"covered party" or in the"covered party's" care, custody or control. But this
exclusion does not apply to liability assumed under a sidetrack agreement.
7. Handling of Property
"Bodily injury"or"property damage" resulting from the handling of property:
a. Before it is moved from the place where it is accepted by the"covered party"for movement
into or onto the covered "auto"; or
b. After it is moved from the covered "auto"to the place where it is finally delivered by the
"covered parties."
8. Movement of Property by Mechanical Device
"Bodily injury" or"property damage" resulting from the movement of property by a mechanical
device (other than a hand truck) unless the device is attached to the covered"auto."
9. Operations
"Bodily injury"or"property damage"arising out of the operation of any equipment listed in
paragraphs 6.b. and 6.c. of the definition of"mobile equipment."
10. Completed Operations
"Bodily injury" or"property damage"arising out of your work after that work has been
completed or abandoned.
In this exclusion, your work means:
a. Work or operations performed by you or on your behalf; and
b. Materials, parts or equipment furnished in connection with such work or operations.
Your work includes warranties or representations made at any time with respect to the
fitness, quality, durability or performance of any of the items included in paragraphs a. or
b. above.
Your work will be deemed completed at the earliest of the following times:
(1) When all of the work called for in your contract has been completed.
(2) When all of the work to be done at the site has been completed if your contract calls for
work at more than one site.
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(3) When that part of the work done at a job site has been put to its intended use by any
person or organization other than another contractor or subcontractor working on the
same project.
Work that may need service, maintenance, correction, repair or replacement, but which is
otherwise complete, will be treated as completed.
11. Pollution
"Bodily injury" or"property damage"arising out of the actual, alleged or threatened discharge,
dispersal, seepage, migration, release or escape of"pollutants":
a. That are, or that are contained in any property that is:
(1) Being transported or towed by, handled, or handled for movement into, onto or from, the
covered "auto";
(2) Otherwise in the course of transit by or on behalf of the"covered party"; or
(3) Being stored, disposed of, treated or processed in or upon the covered"auto";
b. Before the"pollutants"or any property in which the"pollutants" are contained are moved from the
place where they are accepted by the "covered party" for movement into or onto the covered
"auto"; or
c. After the"pollutants" or any property in which the"pollutants"are contained are moved from the
covered "auto"to the place where they are finally delivered, disposed of or abandoned
by the"covered party."
Paragraph a. above does not apply to fuels, lubricants, fluids, exhaust gases or other
similar"pollutants"that are needed for or result from the normal electrical, hydraulic or
mechanical functioning of the covered "auto"or its parts, if:
(1)The"pollutants" escape, seep, migrate, or are discharged, dispersed or released directly
from an "auto" part designed by its manufacturer to hold, store, receive or dispose of such
"pollutants"; and
(2)The"bodily injury," "property damage" or"covered pollution cost or expense"does not
arise out of the operation of any equipment listed in paragraphs 6.b.and 6.c. of the
definition of"mobile equipment."
Paragraphs b. and c. above of this exclusion do not apply to"accidents"that occur away
from premises owned by or rented to a "covered party"with respect to"pollutants" not in
or upon a covered "auto" if:
(3)The "pollutants" or any property in which the "pollutants" are contained are upset,
overturned or damaged as a result of the maintenance or use of a covered "auto"; and
(4)The discharge, dispersal, seepage, migration, release or escape of the"pollutants" is
caused directly by such upset, overturn or damage.
12. War
"Bodily injury" or"property damage"due to war, whether or not declared, or any act or condition
incident to war. War includes civil war, insurrection, rebellion or revolution. This exclusion applies
only to liability assumed under a contract or agreement.
13. Professional Liability
"Bodily injury" resulting from the providing or the failure to provide any medical or other
professional services.
14. Racing
This coverage does not apply to any"bodily injury"or"property damage" sustained as a result of any
covered "auto"while the covered "auto" is being used in any professional or non-professional racing
or demolition contest or stunting activity, or while practicing for such contest or activity. This
coverage also does not apply to any"bodily injury" sustained while the"auto" is being prepared for
such a contest or activity.
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C. Limit of Coverage
1. Regardless of the number of covered "autos,""covered parties," premiums paid, claims made or vehicles
involved in the"accident,"the most we will pay for the total of all damages and "covered pollution
cost or expense"combined, resulting from any one"accident" is the Limit of Coverage for Liability
Coverage shown in the Declarations.
2.All "bodily injury," "property damage"and "covered pollution cost or expense" resulting from continuous
or repeated exposure to substantially the same conditions will be considered as resulting
from one"accident."
3. No one will be entitled to receive duplicative payments for the same elements of"loss" under this
Coverage Agreement and any Medical payments, Uninsured Motorist, or Underinsured Motorists
within this Coverage Agreement.
4. The most we will pay is further limited by limitations set forth in Section 768.28(5), Florida Statutes
(2010) or the equivalent limitations of successor law which are applicable at the time of loss.
However, subject to the amount in the Limit of Coverage shown in the Declarations-
FLORIDA AUTOMOBILE LIABILITY LIMITS we will pay:
a. The amount indicated when the Florida Legislature enacts an appropriate claim bill in
accordance with Section 768.28 (5), Florida Statutes;
b. The amount determined by a court of competent jurisdiction for liable action taken outside the
state of Florida; or
c. The amount shown in the Limit of Coverage shown in the Declarations when Florida Statutes
Section 768.28 (5), is inapplicable.
5. Damages will not include:
a. taxes, fines, penalties, or sanctions;
b. punitive or exemplary damages or the multiple portion of any multiplied damages award;
c. matters uninsurable under the laws pursuant to which this Coverage Agreement is construed; or
d. the cost to comply with any injunctive or other non-monetary or declaratory relief, including
specific performance, or any agreement to provide such relief.
D. Other Coverage or Insurance
In the event you have other coverage or insurance subject to the same plan, terms, conditions, and
provisions under this Coverage Part, the coverage provided by this Coverage Form is excess over any
other coverage or insurance. This applies to any covered "autos" you do not own, hire, rent or borrow
that are used in connection with your business.
SECTION III -PHYSICAL DAMAGE COVERAGE
A. Coverage
1. We will pay for"loss"to a covered"auto" or its equipment under:
a. Comprehensive Coverage. From any cause except:
(1) The covered "auto's"collision with another object; or
(2) The covered"auto's" overturn.
b. Specified Causes of Loss Coverage. Caused by:
(1) Fire, lightning or explosion;
(2) Theft;
(3) Windstorm, hail or earthquake;
(4) Flood;
(5) Mischief or vandalism; or
(6) The sinking, burning, collision or derailment of any conveyance transporting the covered"auto."
c. Collision Coverage. Caused by:
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(1) The covered "auto's'collision with another object; or
(2) The covered"auto's" overturn.
2. Towing
We will pay up to the limit shown in the Declarations for towing and labor costs incurred each time a
covered"auto" of the private passenger type is disabled. However, the labor must be performed at the
place of disablement.
3. Glass Breakage- Hitting a Bird or Animal - Falling Objects or Missiles.
If you carry Comprehensive Coverage for the damaged covered "auto,"we will pay for the
following under Comprehensive Coverage:
a. Glass breakage;
b. "Loss"caused by hitting a bird or animal; and
c. "Loss"caused by falling objects or missiles.
However, you have the option of having glass breakage caused by a covered "auto's"
collision or overturn considered a"loss" under Collision Coverage.
4. Theft:We will pay up to$50 per day subject to the rental coverage aggregate provided in
coverage part 5. Rental Coverage below of$5,000 in any one coverage period for transportation
expense incurred by you because of the total theft of a covered"auto"of the private passenger type.
We will pay only for those covered"autos"for which you carry either Comprehensive or Specified
Causes of Loss Coverage. We will pay for transportation expenses incurred during the period
beginning 48 hours after the theft and ending, regardless of the coverage agreement's expiration,
when the covered "auto" is returned to use or we pay for its"loss."
5. Rental Coverage
a. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto"
because of"loss"to a covered "auto". Payment applies in addition to the otherwise
applicable amount of each coverage you have on a covered "auto". No deductibles apply to
this coverage.
b. We will pay only for those expenses incurred during the policy period beginning 24 hours
after the"loss" and ending, regardless of the policy's expiration, with the lesser of the
following number of days:
(1) The number of days reasonably required to repair or replace the covered "auto"or,
(2) Thirty (30)days.
c. Our payment is limited to the lesser of the following amounts:
(1) Necessary and actual expenses incurred that relate directly to the"loss"of the
covered auto.
(2) The maximum payment stated applicable to"any one day" or"any one coverage
period"for each occurrence.
d. This coverage does not apply while there are spare or reserve"autos" available to you for
your operations.
e. The maximum amount payable is$50.00 per day per covered automobile per occurrence, or
$5,000 in the aggregate for the coverage period in which the losses occur. The rental
coverage for theft also applies under this same aggregate.
B. Exclusions
1. We will not pay for"loss"caused by or resulting from any of the following. Such "loss"is excluded
regardless of any other cause or event that contributes concurrently or in any sequence to the"loss."
a. Nuclear Hazard.
(1) The explosion of any weapon employing atomic fission or fusion; or
(2) Nuclear reaction or radiation, or radioactive contamination, however caused.
b. War or Military Action.
(1) War, including undeclared or civil war;
(2) Warlike action by a military force, including action in hindering or defending against an
actual or expected attack, by any government, sovereign or other authority using military
personnel or other agents; or
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(3) Insurrection, rebellion, revolution, usurped power or action taken by governmental
authority in hindering or defending against any of these.
2. Other Exclusions.
a. We will not pay for"loss" to any of the following:
(1) Tape decks or other sound reproducing equipment unless permanently installed in a
covered "auto."
(2) Tapes, records or other sound reproducing devices designed for use with sound
reproducing equipment.
(3) Sound receiving equipment designed for use as a citizen's band radio, two-way mobile
radio or telephone or scanning monitor receiver, including its antennas and other
accessories, unless permanently installed in the dash or console opening normally used
by the"auto" manufacturer for the installation of a radio.
(4) Equipment designed or used for the detection or location of radar.
b.We will not pay for"loss" caused by or resulting from any of the following unless caused by
other"loss"that is covered by this agreement:
(1) Wear and tear, freezing, mechanical or electrical breakdown.
(2) Blowouts, punctures or other road damage to tires.
c. We will not pay for"loss"to any covered"auto"while used in any racing or demolition contest, or
stunting activity, or while practicing for any such contest or activity. We will also not pay for
"loss"to any covered "auto"while that covered"auto" is being prepared for such a contest or
activity.
C. Limit of Coverage
The most we will pay for"loss" in any one"accident" is the lesser of:
1. The actual cash value of the damaged or stolen property as of the time of the"loss"; or
2. The cost of repairing or replacing the damaged or stolen property with other property of like kind and
quality; or
3. 110% of the value reported on the applicable schedule
4. If the valuation type shown on the automobile schedule is"agreed value", then items C1 and 3 do not apply
and the loss is paid based on the cost to repair or the agreed value on the schedule,whichever is less, less
the applicable deductible.
5. Limited Replacement Cost:We will reimburse, on a replacement cost basis, the Named Covered Party of an
owned and scheduled private passenger vehicle, light truck, or sport utility vehicle that is involved in a
covered total loss if the vehicle has less than 18,000 miles and is within the first 12 months of being
scheduled at the time of the total loss. This coverage does not apply to police vehicles or vehicle types other
than those listed in the preceding sentence.
D. Deductible
For each covered "auto,"our obligation to pay for, repair, return or replace damaged or stolen property will be
reduced by the applicable deductible shown in the Schedule. Any Comprehensive Coverage
deductible shown in the Declarations does not apply to"loss"caused by fire or lightning.
SECTION IV-AUTO MEDICAL PAYMENTS COVERAGE
A. Coverage
We will pay reasonable expenses incurred for necessary medical and funeral services to or for a Covered
Party who sustains"bodily injury"caused by"accident."We will pay only those expenses incurred,
for services rendered within three years from the date of the"accident."
B.Who Is A Covered Party
1. You while"occupying" or, while a pedestrian, when struck by any"auto."
2. If you are an individual, any"family member"while"occupying" or, while a pedestrian, when struck
by any"auto."
3. Anyone else"occupying"a covered"auto"or a temporary substitute for a covered"auto."The covered
"auto" must be out of service because of its breakdown, repair, servicing, loss or destruction.
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C. Exclusions
This coverage does not apply to any of the following:
1. "Bodily injury" sustained by a Covered Party while"occupying"a vehicle located for use as a premises.
2. "Bodily injury" sustained by you or any"family member"while"occupying" or struck by any vehicle
(other than a covered"auto") owned by you or furnished or available for your regular use.
3. "Bodily injury" sustained by any"family member"while"occupying"or struck by any vehicle (other than
a covered"auto") owned by or furnished or available for the regular use of any"family member."
4. "Bodily injury"to your"employee" arising out of and in the course of employment by you. However,
we will cover"bodily injury"to your domestic"employees" if not entitled to workers' compensation
benefits. For the purposes of this endorsement, a domestic"employee" is a person engaged in
household or domestic work performed principally in connection with a residence premises.
5. "Bodily injury"to a Covered Party while working in a business of selling, servicing, repairing or
parking "autos" unless that business is yours.
6. "Bodily injury" caused by declared or undeclared war or insurrection or any of their consequences.
7. "Bodily injury"to anyone using a vehicle without a reasonable belief that the person is entitled to do so.
8. "Bodily Injury" sustained by a Covered Party while"occupying" any covered "auto"while used in any
professional racing or demolition contest or stunting activity, or while practicing for such contest or
activity. This coverage also does not apply to any"bodily injury"sustained by a covered party while the
"auto" is being prepared for such a contest or activity.
D. Limit of Coverage
Regardless of the number of covered "autos,""covered parties," premiums paid, claims made or
vehicles involved in the"accident,"the most we will pay for"bodily injury"for each Covered Party
injured in any one "accident" is the Limit Of Coverage for Auto Medical Payments Coverage shown
in the Declarations.
E. Changes in Conditions
Section V-Conditions are changed for Auto Medical Payments Coverage as follows:
1. Section V.A.5 -The Transfer of Rights of Recovery Against Others to Us Condition does not apply.
2. The reference in Other Coverage in the Business Auto and Garage Coverage Forms and Other
Coverage- Primary and Excess Coverage Provisions in the Truckers and Motor Carrier Coverage
Forms to"other collectible insurance" applies only to other collectible auto medical payments
insurance.
F.Additional Definitions
As used in this Section:
1. "Family member" means a person related to you by blood, marriage or adoption who is a resident of
your household, including a ward or foster child.
2. "Occupying" means in, upon, getting in, on, out or off.
SECTION V-BUSINESS AUTO CONDITIONS
The following conditions apply in addition to the Common Coverage Agreement Conditions:
A. Loss Conditions
1. Appraisal for Physical Damage Loss
If you and we disagree on the amount of"loss,"either may demand an appraisal of the"loss."
In this event, each party will select a competent appraiser. The two appraisers will select a
competent and impartial umpire.
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The appraisers will state separately the actual cash value and amount of"loss." If they fail to
agree, they will submit their differences to the umpire. A decision agreed to by any two will be
binding. Each party will:
a. Pay its chosen appraiser; and
b. Bear the other expenses of the appraisal and umpire equally.
If we submit to an appraisal, we will still retain our right to deny the claim.
2. Duties in The Event of Accident, Claim, Suit or Loss
a. In the event of"accident,"claim, "suit"or"loss,"you must give us or our authorized representative
prompt notice of the"accident"or"loss." Include:
(1) How, when and where the"accident"or"loss"occurred;
(2) The"covered party's" name and address; and
(3) To the extent possible, the names and addresses of any injured persons and witnesses.
b.Additionally, you and any other involved "covered party" must:
(1) Assume no obligation, make no payment or incur no expense without our consent, except
at the"covered party's"own cost.
No one will be entitled to receive duplicate payments for the same elements of "loss" under this
coverage and any Liability Coverage Form, Uninsured Motorists Coverage Endorsement or
Underinsured Motorists Coverage Endorsement attached to this Coverage Part.
(2) Immediately send us copies of any request, demand, order, notice, summons or legal
paper received concerning the claim or"suit."
(3) Cooperate with us in the investigation, settlement or defense of the claim or"suit".
(4) Authorize us to obtain medical records or other pertinent information.
(5) Submit to examination, at our expense, by physicians of our choice, as often as we
reasonably require.
c. If there is"loss"to a covered"auto"or its equipment you must also do the following:
(1) Promptly notify the police if the covered"auto"or any of its equipment is stolen.
(2) Take all reasonable steps to protect the covered "auto" from further damage. Also keep a
record of your expenses for consideration in the settlement of the claim.
(3) Permit us to inspect the covered"auto" and records proving the"loss" before its
repair or disposition.
(4) Agree to examinations under oath at our request and give us a signed statement
of your answers.
3. Legal Action Against Us
No one may bring a legal action against us under this Coverage Form until:
a. There has been full compliance with all the terms of this Coverage Form; and
b. Under Liability Coverage, we agree in writing that the "covered party" has an obligation to pay
or until the amount of that obligation has finally been determined by judgment after trial. No one
has the right under this coverage agreement to bring us into an action to determine the
"covered party's" liability.
4. Loss Payment- Physical Damage
Coverages At our option we may:
a. Pay for, repair or replace damaged or stolen property; or
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b. Return the stolen property, at our expense. We will pay for any damage that results to the
"auto"from the theft; or
c. Take all or any part of the damaged or stolen property at an agreed or appraised value.
5. Transfer of Rights of Recovery Against Others to Us
If any person or organization to or for whom we make payment under this Coverage Form has
rights to recover damages from another, those rights are transferred to us. That person or
organization must do everything necessary to secure our rights and must do nothing after
"accident"or"loss"to impair them.
6. Support and Cooperation in Opposition to Claim Bill Legislation
If we act to oppose legislation brought forth in accordance with Florida Statute 768.28, arising from
a covered occurrence, you shall use your best efforts to provide us with positive support and
cooperation in such opposition:
Such positive support and cooperation shall include, but is not limited to:
a. Formal proclamations or resolutions by your governing board in opposition to such legislation;
b. Oral or written testimony of your officials and employees at legislative hearings or other
legislative proceedings in opposition to such legislation; and
c. Personal contact by your officials and employees with legislators identified by us.
B. General Conditions
1. Bankruptcy
Bankruptcy or insolvency of the"covered party"or the"covered party's"estate will not relieve us
of any obligations under this Coverage Form.
2. Concealment, Misrepresentation or Fraud
This Coverage Form is void in any case of fraud by you at any time as it relates to this Coverage Form. It
is also void if you or any other"covered party,"at any time, intentionally conceal or
misrepresent a material fact concerning:
a. This Coverage Form;
b. The covered "auto";
c. Your interest in the covered "auto"; or
d. A claim under this Coverage Form.
3. Coverage Agreement Period, Coverage Territory
Under this Coverage Form, we cover"accidents"and "losses"occurring:
a. During the Coverage Agreement period shown in the Declarations; and
b. Within the coverage
territory. The coverage
territory is:
(1) The United States of America;
(2) The territories and possessions of the United States of America;
(3) Puerto Rico; and
(4) Canada.
We also cover"loss"to, or"accidents" involving, a covered "auto"while being transported
between any of these places.
4. No Benefit to Bailee - Physical Damage Coverages
We will not recognize any assignment or grant any coverage for the benefit of any person or
organization holding, storing or transporting property for a fee regardless of any other provision of
this Coverage Form.
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5. Premium Audit
a. The estimated premium for this Coverage Form is based on the exposures you told us you
would have when this coverage agreement began.We will compute the final premium due when
we determine your actual exposures.The estimated total premium will be credited against the
final premium due and the first Named Covered Party will be billed for the balance, if any. If the
estimated total premium exceeds the final premium due, the first Named Covered Party will get
a refund.
b. If this coverage agreement is issued for more than one year, the premium for this Coverage
Form will be computed annually based on our rates or premiums in effect at the beginning of
each year of the coverage agreement.
6. Two Or More Coverage Forms or Agreements Issued by Us
If this Coverage Form and any other Coverage Form or coverage agreement issued to you by us or
any company affiliated with us apply to the same"accident,"the aggregate maximum Limit of
Coverage under all the Coverage Forms or policies shall not exceed the highest applicable Limit of
Coverage under any one Coverage Form or coverage agreement. This condition does not apply to
any Coverage Form or coverage agreement issued by us or an affiliated company specifically to
apply as excess coverage over this Coverage Form.
SECTION VI -DEFINITIONS
A. "Accident" includes continuous or repeated exposure to the same conditions resulting in "bodily
injury" or"property damage."
B. "Auto" means a land motor vehicle, trailer or semitrailer designed for travel on public roads but
does not include"mobile equipment."
C. "Bodily injury" means bodily injury, sickness or disease sustained by a person including death resulting
from any of these.
D. "Covered pollution cost or expense"means any cost or expense arising out of:
1. Any request, demand or order; or
2. Any claim or"suit" by or on behalf of a governmental authority demanding that the"covered party"
or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way
respond to, or assess the effects of"pollutants."
"Covered pollution cost or expense"does not include any cost or expense arising out of the
actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of
"pollutants":
a. That are, or that are contained in any property that is:
(1) Being transported or towed by, handled, or handled for movement into, onto or from the
covered "auto";
(2) Otherwise in the course of transit by or on behalf of the"covered party";
(3) Being stored, disposed of, treated or processed in or upon the covered"auto"; or
b. Before the"pollutants"or any property in which the"pollutants"are contained are moved from the
place where they are accepted by the "covered party" for movement into or onto the covered
"auto"; or
c. After the"pollutants" or any property in which the"pollutants" are contained are moved from the
covered "auto"to the place where they are finally delivered, disposed of or abandoned
by the"covered party"
Paragraph a. above does not apply to fuels, lubricants, fluids, exhaust gases or other
similar"pollutants"that are needed for or result from the normal electrical, hydraulic or
mechanical functioning of the covered "auto"or its parts, if:
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(1) The"pollutants"escape, seep, migrate, or are discharged, dispersed or released directly
from an "auto" part designed by its manufacturer to hold, store, receive or dispose of such
"pollutants"; and
(2) The"bodily injury," "property damage" or"covered pollution cost or expense"does not
arise out of the operation of any equipment listed in paragraphs 6.b.or 6.c.of the
definition of"mobile equipment."
d. Paragraphs b. and c. above do not apply to"accidents"that occur away from premises owned by or
rented to a"covered party"with respect to"pollutants" not in or upon a covered"auto" if:
(1) The "pollutants" or any property in which the "pollutants" are contained are upset,
overturned or damaged as a result of the maintenance or use of a covered "auto"; and
(2) The discharge, dispersal, seepage, migration, release or escape of the"pollutants" is
caused directly by such upset, overturn or damage.
E. "Covered party"means any person or organization qualifying as a covered party in the Who Is A
Covered Party provision of the applicable coverage. Except with respect to the Limit of Coverage, the
coverage afforded applies separately to each covered party who is seeking coverage or against whom
a claim or"suit" is brought.
F. "Insured Contract" means an agreement between two or more cities, counties, special districts, or
other governmental bodies regarding:
1. A lease of premises;
2. A sidetrack agreement;
3. Any easement or license agreement, except in connection with construction or demolition
operations on or within 50 feet of a railroad;
4. An obligation, as required by ordinance, to indemnify a municipality, except in connection with
work for a municipality;
5. Where permitted by Florida Statute 768.28, that part of any other contract or agreement pertaining
to your business (including an indemnification of a municipality in connection with work performed
for a municipality) under which you assume the tort liability of another public entity to pay for
"bodily injury"or"property damage"to a third person or organization. Tort liability means a liability
that would be imposed by law in the absence of any contract or agreement.
6. That part of any contract or agreement entered into, as part of your business, pertaining to the
rental or lease, by you or any of your employees, of any"auto." However, such contract or
agreement shall not be considered an "insured contract" to the extent that it obligates you or any of
your employees to pay for"property damage"to any "auto" rented or leased by you or any of your
employees.
An "insured contract"does not include that part of any contract or agreement:
a. That indemnifies any person or organization for"bodily injury" or"property damage"arising
out of construction or demolition operations, within 50 feet of any railroad property and
affecting any railroad bridge or trestle, tracks, road beds, tunnel, underpass or crossing; or
b. That pertains to the loan, lease or rental of an "auto"to you or any of your employees, if the
"auto" is loaned, leased or rented with a driver; or
c. That holds a person or organization engaged in the business of transporting property by"auto"
for hire harmless for your use of a covered"auto"over a route or territory that person or
organization is authorized to serve by public authority.
d. That does not comply with Florida Statute 768.28.
G. "Leased Auto" means an "auto" leased or rented to you, including any substitute, replacement or extra
"auto" needed to meet seasonal or other needs, under a leasing or rental agreement that requires you
to provide direct primary coverage for the lessor.
H. "Loss"means direct and accidental loss or damage.
"Mobile equipment" means any of the following types of land vehicles, including any attached
machinery or equipment:
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1. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads;
2. Vehicles maintained for use solely on or next to premises you own or rent;
3. Vehicles that travel on crawler treads;
4.Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted:
a. Power cranes, shovels, loaders, diggers or drills; or
b. Road construction or resurfacing equipment such as graders, scrapers or rollers.
5.Vehicles not described in paragraphs 1., 2., 3., or 4. above that are not self-propelled and are
maintained primarily to provide mobility to permanently attached equipment of the following types:
a. Air compressors, pumps and generators, including spraying, welding, building cleaning,
geophysical exploration, lighting and well servicing equipment; or
b. Cherry pickers and similar devices used to raise or lower workers.
6.Vehicles not described in paragraphs 1., 2., 3., or 4. above maintained primarily for purposes other than
the transportation of persons or cargo. However, self-propelled vehicles with the following
types of permanently attached equipment are not"mobile equipment" but will be considered
"autos":
a. Equipment designed primarily for:
(1) Snow removal;
(2) Road maintenance, but not construction or resurfacing; or
(3) Street cleaning;
b. Cherry pickers and similar devices mounted on automobile or truck chassis and used to
raise or lower workers; and
c. Air compressors, pumps and generators, including spraying, welding, building cleaning,
geophysical exploration, lighting or well servicing equipment.
7. However, "mobile equipment"does not include land vehicles that are subject to a compulsory or financial
responsibility law or other motor vehicle insurance law where it is licensed or principally garaged.
Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle
insurance law are considered"autos":
J. "Pollutants"means any solid, liquid, mold, gaseous or thermal irritant or contaminant, including smoke,
vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled,
reconditioned or reclaimed.
K. "Property damage" means damage to or loss of use of tangible property.
L. "Suit" means a civil proceeding in which:
(1) Damages because of"bodily injury"or"property damage"; or
(2) A"covered pollution cost or expense"
to which this coverage applies, are alleged.
a. An arbitration proceeding in which such damages or"covered pollution costs or
expenses" are
claimed and to which the"covered party"must submit or does submit with our consent;
or
b. Any other alternative dispute resolution proceeding in which such damages or"covered
pollution costs or expenses" are claimed and to which the"covered party"submits with
our consent.
M. "Trailer" includes semitrailer.
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Preferred
VERNMENTAL PUBLIC ENTITY
INSURANCE TRUST
FLORIDA CHANGES
THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY.
This endorsement modifies coverage provided under the AUTOMOBILE COVERAGE FORM, PGIT MN-300:
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by the endorsement.
A. Physical Damage Coverage is changed as follows:
1. No deductible applies under Specified Causes of Loss or Comprehensive coverage for"loss" to glass
used in the windshield.
2. All other Physical Damage Coverage provisions will apply.
3. Paragraph 1. of Loss Conditions, Appraisal for Physical Damage Loss, is replaced by the following:
1. Appraisal for Physical Damage Loss
If you and we disagree on the amount of"loss," either may demand an appraisal of the "loss." Upon
notice of a demand for appraisal, the opposing party may, prior to appraisal, demand mediation of
the dispute in accordance with the Mediation provision contained in this endorsement. The
mediation must be completed before a demand for appraisal can be made. In this event, each party
will select a competent appraiser. The two appraisers will select a competent and impartial umpire.
The appraisers will state separately the actual cash value and amount of"loss." If they fail to agree,
they will submit their differences to the umpire. A decision agreed to by any two will be binding.
Each party will:
a. Pay its chosen appraiser; and
b. Bear the other expenses of the appraisal and umpire equally.
If we submit to an appraisal, we still retain our right to deny the claim.
B. The following condition is added to the General Conditions:
Mediation
1. In any claim filed by a "covered party"with us for:
a. "Bodily injury" in an amount of$10,000 or less, arising out of the ownership, operation, use or
maintenance of a covered "auto";
b. "Property damage" in any amount, arising out of the ownership, operation, maintenance or use
of a covered "auto," or
c. "Loss" to a covered "auto" or its equipment, in any amount;
either party may make a written demand for mediation of the claim prior to the institution of
litigation.
2. A written request for mediation must be filed with the Florida Department of Insurance on an
approved form, which may be obtained from the Florida Department of Insurance.
3. The request must state:
a. Why mediation is being requested.
b. The issues in dispute, which are to be mediated.
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4. The Florida Department of Insurance will randomly select mediators. Each party may reject one
mediator, either before or after the opposing side has rejected a mediator. The mediator will notify
the parties of the date, time and place of the mediation conference. The mediation conference will
be held within 45 days of the request for mediation. The conference will be held by telephone if
feasible. The participants in the mediation conference must have the authority to make a binding
decision, and must mediate in good faith. Each party will bear the expenses of the mediation
equally, unless the mediator determines that one party has not mediated in good faith.
5. Only one mediation may be requested for each claim unless all parties agree to further mediation. A
party demanding mediation shall not be entitled to demand or request mediation after a suit is filed
relating to the same facts already mediated.
6. The mediation shall be conducted as an informal process and formal rules of evidence and
procedures need not be observed.
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Preferred
;OVERNMENTAL PUBLIC ENTITY
NSURANCE TRUST
Florida Personal Injury Protection
THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY.
For a covered "auto" licensed or principally garaged in, or"garage operations" conducted in, Florida, this
endorsement modifies coverage provided under the AUTOMOBILE COVERAGE FORM, PGIT MN-300:
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by this endorsement.
We agree with the "Named Covered Party," subject to all provisions of this endorsement and to all of the
provisions of the agreement except as modified herein, as follows that:
SCHEDULE
Any Personal Injury Protection deductible shown in the Declarations of $0 is applicable
to the following "Named Covered Party" only:
Naples Heritage Community Development District
Benefits Limit Per Person
Total Aggregate Limit Up to $10,000 Limit (Medical and Disability Benefits)
Death Benefits $5,000 (in addition to the medical and disability benefits)
Medical Benefits 80% of reasonable medical expenses subject to total
aggregate limit
Disability Benefits 60% of loss of gross income and earning capacity and
replacement services subject to total aggregate limit
(payable every two weeks)
(If no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement)
A. Coverage
We will pay Personal Injury Protection benefits in accordance with the Florida Motor Vehicle No-Fault
Law, as amended, to or for a "covered party"who sustains bodily injury, sickness, disease, or death
arising out of the ownership, maintenance, or use of a motor vehicle, subject to the limits shown in the
schedule, as follows:
1. Medical Benefits
All reasonable "medically necessary" expenses for medical, surgical, X-ray, dental, and
rehabilitative services, including prosthetic devices, and medically necessary ambulance, hospital
and nursing services if the individual received initial services and care as provided herein within 14
days after the motor vehicle accident, and for necessary remedial treatment and services
recognized and permitted under the laws of the state for a "Covered Party"who relies upon spiritual
means through prayer alone for healing in accordance with his or her religious beliefs. However,
payment of expenses for spiritual healing shall not affect the determination of what other services or
procedures are "medically necessary." Initial services and care must be lawfully provided,
supervised, ordered, or prescribed by a physician licensed under Chapter 458 (medical physician)
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or Chapter 459 (osteopathic physician), a dentist licensed under Chapter 466, or a chiropractic
physician licensed under Chapter 460 or that are provided in a hospital or facility that owns or is
wholly owned by a hospital. Initial services include care provided by a person or entity licensed
under Part III of Chapter 401, which provides emergency transportation and treatment. Follow-up
services and care must be consistent with the underlying medical diagnosis rendered as part of the
initial services and care provided so long as such care and services are provided by persons and
entities authorized pursuant to s.627.736 (1)(a)2. of Florida's Motor Vehicle No-Fault law, as
amended. Medical Benefits do not include massage as defined in s. 480.033 or acupuncture as
defined in s. 457.102, regardless of the person, entity, or licensee providing massage or
acupuncture, and a licensed massage therapist or licensed acupuncturist may not be reimbursed
for Medical Benefits under this provision. Reimbursement for services and care is provided (subject
to the 80% limitation) up to $10,000 if a physician licensed under Chapter 466 (medical) or Chapter
459 (osteopathic), dentist licensed under Chapter 466, physician assistant licensed under Chapter
458 or Chapter 459, or an advanced registered nurse practitioner licensed under Chapter 464 has
determined that the injured person had an emergency medical condition. Reimbursement is limited
to $2500 (subject to the 80% limitation) if the injured person did not have an emergency medical
condition.
2. Disability Benefits
With respect to the period of disability of the injured person any loss of gross income and loss of
earning capacity per individual from the inability to work proximately caused by the injury sustained
by the injured person, plus all expenses reasonably incurred in obtaining from others ordinary and
necessary services in lieu of those that, but for the injury, the injured person would have performed
without income for the benefit of his or her household; and
3. Death benefits
Death benefits of$5,000 per individual in addition to the Medical Benefits and the Disability Benefits
provided. We may pay death benefits to the executor or administrator of the deceased, to any of the
deceased's relatives by blood, legal adoption, or by marriage, or to any person appearing to us to
be equitably entitled to such benefits.
B. Who Is A Covered Party
1. The"Named Covered Party"
2. If the "Named Covered Party" is an individual, any "family member."
3. Any other person while "occupying" a covered "motor vehicle"with the "Named Covered Party's"
consent.
4. A "pedestrian" if the "accident" involves the covered "motor vehicle."
C. Exclusions
We will not pay Personal Injury Protection benefits for"bodily injury":
1. Sustained by the "Named Covered Party" and relatives residing in the same household while
occupying another motor vehicle owned by the named insured and not insured under this policy;
2. Sustained by any person while operating the covered "motor vehicle"without the "Named Covered
Party's" expressed or implied consent;
3. Sustained by any person, if such person's conduct contributed to his or her injury under any of the
following circumstances:
a. Causing injury to himself or herself intentionally; or
b. Being injured while committing a felony.
4. To any person, other than the "Named Covered Party" if that person is the "owner" of a "motor
vehicle"for which security is required under the Florida Motor Vehicle No-Fault Law;
5. To any person, other than the "Named Covered Party," or any "family member,"who is entitled to
personal injury protection benefits from the owner of a "motor vehicle" that is not a covered "motor
vehicle" under this agreement or from the owner's insurer; or
6. To any person who sustains "bodily injury" while "occupying" a "motor vehicle" located for use as a
residence or premises.
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D. Limits of Coverage
1. Regardless of the number of persons covered, policies or bounds applicable, premiums paid,
vehicles involved or claims made, the total aggregate limit of personal injury protection Medical
benefits and Disability Benefits available under the Florida Motor Vehicle No-Fault Law from all
sources combined, including this agreement, for all "loss" and expense incurred by or on behalf of
any one person who sustains "bodily injury" as the result of any one "accident," shall be $10,000,
provided that payment for Death Benefits shall be $5,000 per person, per accident in addition to the
aggregate Medical benefits and Disability benefits maximum limitation of$10,000.
2. Any amount paid under this coverage will be reduced by the amount of benefits an injured person
has been paid or is entitled to be paid for the same elements of"loss" under any workers'
compensation law.
3. If personal injury protection benefits, under the Florida Motor Vehicle No-Fault Law, have been
received from any insurer for the same elements of loss and expense benefits available under this
agreement, we will not make duplicate payments to or for the benefit of the injured person. This
insurer paying the benefits shall be entitled to recover from us its pro rata share of the benefits paid
and expenses incurred in handling the claim.
4. The deductible amount shown in the Schedule, if any, will be deducted from the total amount of
expenses and losses listed in Paragraphs A.1, A.2, and A.3 of this endorsement before the
application of any percentage limitation for each "Covered Party" to whom the deductible applies.
The deductible does not apply to the Death Benefit.
5. As provided for in Section 627.736 (5) of Florida's Motor Vehicle no-Fault Law, as amended, we
limit payment to providers subject to the schedule of charges set forth within that section of the law.
We will pay all charges (subject to the 80% limitation) for Medical Benefits to providers submitting
charges less than those allowed under that section of the law.
E. Changes in Conditions
The Conditions are changed for Personal Injury Protection as follows:
1. Duties In The Event of Accident, Claim, Suit or Loss:
In the event of an "accident", the "Named Covered Party" must give us or our authorized
representative prompt written notice of the "accident."
If any injured person or his legal representative institutes a legal action to recover damages for
"bodily injury" against a third party, a copy of the summons, complaint or other process served in
connection with that legal action must be forwarded to us as soon as possible by the injured person
or his or her legal representative.
2. Legal Action Against Us is changed by adding the following:
No one may bring a legal action against us under this coverage until 30 days after the required
notice of"accident" and reasonable proof of claim have been filed with us.
3. Transfer of Rights of Recovery Against Others to Us is replaced by the following:
Unless prohibited by the Florida Motor Vehicle No-Fault Law, in the event of payment to or for the
benefit of any injured person under this coverage:
a. We will be reimbursed for those payments, not including reasonable attorneys' fees and other
reasonable expenses, from the proceeds of any settlement or judgment resulting from any right
of recovery of the injured person against any person or organization legally responsible for the
"bodily injury"from which the payment arises. We will also have a lien on those proceeds.
b. If any person to or from whom we pay benefits has rights to recover benefits from another,
those rights are transferred to us. That person must do everything necessary to secure our
rights and must do nothing after loss to impair them.
c. The insurer providing personal injury protection benefits on a private passenger"motor vehicle,"
as defined in the Florida Motor Vehicle No-Fault Law, shall be entitled to reimbursement to the
extent of the payment of personal injury protection benefits from the "owner" or the insurer of the
"owner" of a commercial "motor vehicle," as defined in the Florida Motor Vehicle No-Fault Law, if
such injured person sustained the injury while "occupying," or while a "pedestrian"through being
struck by, such commercial "motor vehicle."
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4. The Concealment, Misrepresentation Or Fraud provision is replaced by the following: We do not
provide coverage under this endorsement for a "Covered Party" if that"Covered Party" has
committed, by a material act or omission, any insurance fraud relating to personal injury protection
coverage under this form, if fraud is admitted to in a sworn statement by the "covered party" or if the
fraud is established in a court of competent jurisdiction. Any insurance fraud shall void all personal
injury protection coverage arising from the claim with respect to the "Covered Party"who committed
the fraud. Any benefits paid prior to the discovery of that"Covered Party's"fraud shall be
recoverable from that"Covered Party." If we had reasonable belief that a fraudulent insurance act
has been committed under Florida's No-Fault Insurance Law, we will notify the claimant, in writing,
within 30 days after submission of the claim that we are investigating the claim for suspected fraud.
At the end of the initial 30-day period we will have an additional 60 days to conduct our fraud
investigation. Within 90 days of submission of the claim we will either deny the claim based upon
our finding of fraudulent activity or pay the claim with simple interest from the date the claim was
submitted until the date the claim is paid. If we deny the claim based upon a finding of fraudulent
activity we will report such information to the Florida Division of Insurance Fraud.
F. Additional Conditions
The following Conditions are added:
1. Mediation
a. In any claim filed by a "Covered Party" with us for:
1. "Bodily Injury" in an amount of$10,000 or less, arising out of the ownership, operation,
use or maintenance of a covered "auto";
2. "Property Damage" in any amount, arising out of the ownership, operation,
maintenance or use of a covered "auto" or;
3. "Loss"to a covered "auto" or its equipment, in any amount, either party may make a
written demand for mediation of the claim prior to the institution of litigation.
b. A written request for mediation must be filed with the Florida Department of Insurance on an
approved form, which may be obtained from the Florida Department of Insurance.
c. The request must state:
1. Why the mediation is being requested.
2. The issues in dispute, which are to be mediated.
d. The Florida Department of Insurance will randomly select mediators. Each party may reject one
mediator, either before or after the opposing side has rejected a mediator. The mediator will
notify the parties of the date, time and place of the mediation conference. The mediation
conference will be held within 45 days of the request for mediation. The conference will be held
by telephone if feasible. Participants in the mediation conference must have the authority to
make a binding decision, and must mediate in good faith. Each party will bear the expenses of
the mediation equally, unless the mediator determines that one party has not mediated in good
faith.
e. Only one mediation may be requested for each claim unless all parties agree to a further
mediation. A party demanding mediation shall not be entitled to demand or request mediation
after a suit is filed relating to the same facts already mediated.
f. The mediation shall be conducted as an informal process and formal rules of evidence and
procedures need not be observed.
2. Modification Of Agreement Coverages
Any Automobile Medical Payments Coverage and any Uninsured Motorist Coverage afforded by the
agreement shall be excess over any personal injury protection benefits paid or payable. Regardless
of whether the full amount of personal injury protection benefits has been exhausted, any Medical
Payments Coverage afforded by the agreement shall pay the portion of any claim for personal injury
protection medical expenses which are otherwise covered but not payable due to the limitation of
80% of medical expense benefits, but shall not be payable for the amount of the deductible
selected.
3. Proof Of Claim; Medical Reports and Examination: Payment of Claim Withheld
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As soon as practicable, the person making claim shall give to us written proof of claim, under oath if
required, which may include full particulars of the nature and extent of the injuries and treatment
received and contemplated, and such other information as may assist us in determining the amount
due and payable. Such person shall submit to mental and physical examinations at our expense
when and as often as we may reasonably require and a copy of the medical report shall be
forwarded to such person if requested. Whenever a person making a claim is charged with
committing a felony, we shall withhold benefits until, at the trial level, the prosecution makes a
formal entry on the record that it will not prosecute the case against the person, the charge is
dismissed or the person is acquitted.
4. Provisional Premium
In the event of any change in the rules, rates, rating plant, premiums or minimum premiums
applicable to the coverage afforded, because of an adverse judicial finding as to the constitutionality
of any provisions of the Florida Motor Vehicle No-Fault Law providing for the exemption of persons
from tort liability, the premium stated in the Declarations for any Liability, medical Payments and
Uninsured Motorists coverage shall be deemed provisional and subject to recomputation. If this
agreement is a renewal agreement, such recomputation shall also include a determination of the
amount of any return premium previously credited or refunded to the "Named Covered Party"
pursuant to Sections 627.730 through 627.7415 (1988) of the Florida Motor Vehicle No-Fault Law
with respect to insurance afforded under a previous agreement. If the recomputed premium
exceeds the premium shown in the Declarations, the "Named Covered Party" shall pay to us the
excess as well as the amount of any return premium previously credited or refunded.
5. Special Provisions for Rented or Leased Vehicles
Notwithstanding any provision of this coverage to the contrary, if a person is injured while
"occupying" or through being struck by, a "motor vehicle" rented or leased under a rental or lease
agreement, the personal injury protection afforded under the lessor's policy shall be primary, unless
the face of the agreement contains, in at least 10-point type, the following language:
The valid and collectible personal injury protection insurance of any authorized rental or leasing
driver is primary for the limits of personal injury protection coverage required by Section 627.736,
Florida Statutes.
6. Agreement Period; Territory
The coverage under this Section applies only to "accidents"which occur during the agreement
period:
a. In the state of Florida;
b. As with respect to the "Named Covered Party" or any"family member", while "occupying" the
covered "motor vehicle" outside the state of Florida but within the United States of America, its
territories or possessions or Canada; and
c. As with respect to the "Named Covered Party", while "occupying" a "motor vehicle" of which a
"family member" is the "owner" and for which security is maintained under the Florida Motor
Vehicle No-Fault Law outside the state of Florida but within the United States of America, its
territories or possessions or Canada.
G. Additional Definitions
As used in this endorsement:
1. "Motor Vehicle" means any self-propelled vehicle with four or more wheels which is of a type both
designed and required to be licensed for use on the highways of Florida and any trailer or
semitrailer designed for use with such vehicle;
However, "motor vehicle" does not include:
a. A mobile home;
b. Any "motor vehicle"which is used in mass transit, other than public school transportation, and
designed to transport more than five passengers exclusive of the operator of the motor vehicle
and which is owned by a municipality, a transit authority, or a political subdivision of the state.
2. "Family member" means a person related to the "Named Covered Party" by blood, marriage or
adoption including a ward or foster child who is resident of the same household as the "Named
Covered Party".
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3. "Named Covered Party" means the person or organization named in the Declarations of the
agreement and, if an individual, shall include the spouse if a resident of the same household.
4. "Occupying" means in or upon or entering into or alighting from.
5. "Owner" means a person or organization who holds the legal title to a "motor vehicle", and also
includes:
a. A debtor having the right to possession, in the event a "motor vehicle" is the subject of a lease
with option to purchase and such lease agreement is for a period of six months or more; and
b. A lessee having the right to possession, in the event a "motor vehicle" is the subject of a lease
with option to purchase and such lease agreement is for a period of six months or more; and
c. A lessee having the right to possession, in the event a "motor vehicle" is the subject of a lease
without option to purchase, and such lease is for a period of six months or more, and the lease
agreement provides that the lessee shall be responsible for securing coverage.
6. "Pedestrian" means a person while not an occupant of any self-propelled vehicle.
7. "Emergency Medical Condition" means a medical condition manifesting itself by acute symptoms of
sufficient severity, which may include severe pain, such that the absence of immediate medical
attention could reasonably be expected to result in any of the following:
a. Serious jeopardy to patient health;
b. Serious impairment to bodily functions; or
c. Serious dysfunction of any bodily organ or part.
8. "Medically Necessary" refers to medical service or supply that a prudent physician would provide for
the purpose of preventing, diagnosing or treating an illness, injury, disease, or symptom in a
manner that is:
a. In accordance with generally accepted standards of medical practice;
b. Clinically appropriate in terms of type, frequency, extent, site and duration; and
c. Not primarily for the convenience of the patient, physician, or other health care provider.
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Prefrrred
ERNMENTAL PUBLIC ENTITY
NSURANCE TRUST
POLLUTION LIABILITY— BROADENED COVERAGE
FOR COVERED AUTOS
THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY.
This endorsement modifies coverage provided under the AUTOMOBILE COVERAGE FORM, PGIT MN-300:
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by the endorsement.
A. Section II — Liability Coverage is changed as follows:
1. Paragraph a. of the Pollution Exclusion (B.11.) applies only to liability assumed under a contract or
agreement.
2. Exclusion B.6. Care, Custody or Control does not apply.
B. Changes in Section VI —Definitions
For the purposes of this endorsement, Paragraph D. of the Definitions Section is replaced by the following:
D. "Covered pollution cost or expense" means any cost or expense arising out of:
1. Any request, demand, order or statutory or regulatory requirement; or
2. Any claim or"suit" by or on behalf of a governmental authority demanding that the "covered party"
or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way
respond to, or assess the effects of"pollutants."
"Covered pollution cost or expense" does not include any cost or expense arising out of the actual,
alleged or threatened discharge, dispersal, seepage, migration, release or escape of"pollutants":
a. Before the "pollutants" or any property in which the "pollutants" are contained are moved from
the place where they are accepted by the "covered party"for movement into or onto the
covered "auto"; or
b. After the "pollutants" or any property in which the "pollutants" are contained are moved from the
covered "auto" to the place where they are finally delivered, disposed of or abandoned by the
"covered party."
Paragraphs a. and b. above do not apply to "accidents"that occur away from premises owned by
or rented to a "covered party"with respect to "pollutants" not in or upon a covered "auto" if:
(1) The "pollutants" or any property in which the "pollutants" are contained are upset,
overturned or damaged as a result of the maintenance or use of a covered "auto" not
designed or used for storing or hauling fuel or oil; and
(2) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is
caused directly by such upset, overturn or damage.
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PreferredVERNMENTAL PUBLIC ENTITY
,NSURANCE TRUST
MUTUAL AID ENDORSEMENT
THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY.
This endorsement modifies coverage provided under the AUTOMOBILE COVERAGE FORM, PGIT MN-300:
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by the endorsement.
A. Coverage
1. We will pay all sums you legally must pay for"loss" to an "auto," including its equipment, owned by any
municipality, fire district, ambulance district, fire department or fire company which provides you police,
ambulance services or fire assistance.
2. We have the right and duty to defend any"suit" asking for these damages. However, we have no duty
to defend "suits" for"loss" not covered by this coverage form. We may investigate and settle any claim
or"suit" as we consider appropriate. Our duty to defend or settle ends when our limit for this coverage
has been exhausted by payment of judgments or settlements.
B. Exclusions
This coverage does not apply to:
1. Any expense incurred in or material used in connection with the operation of the"auto" or its
equipment.
2. "Loss" caused by declared or undeclared war or insurrection or any of their consequences.
3. "Loss" caused by the explosion of a nuclear weapon or its consequences.
C. Limit of Coverage
The most we will pay for all "loss" from any one"accident" is the limit of coverage stated in the
Declarations. Our obligation under"bodily injury" and "property damage" is to pay damages on your behalf
in excess of any deductible or self insured retention stated in the declarations applicable to such
coverages.
D. Conditions
All the Conditions apply to the coverage provided by this endorsement except Other Insurance. The
coverage provided by this endorsement is primary.
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Prefrrred
<k~ R E PUBLIC ENTITY
INSURANCE
CE TRUST
NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT
(Broad Form)
This endorsement modifies coverage provided under the AUTOMOBILE COVERAGE FORM, PGIT MN-300
and the GENERAL LIABILITY COVERAGE FORM, PGIT MN-200
I. The coverage does not apply:
A. Under any Liability Coverage, to "bodily injury" or"property damage":
1. With respect to which a "Covered Party" under the policy is also an insured under a nuclear energy
liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy
Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or
would be an insured under any such policy but for its termination upon exhaustion of its limit of
liability; or
2. Resulting from the "hazardous properties" of"nuclear material" and with respect to which (a) any
person or organization is required to maintain financial protection pursuant to the Atomic Energy
Act of 1954, or any law amendatory thereof, or(b) the "Covered Party" is, or had this policy not
been issued would be, entitled to indemnity from the United States of America, or any agency
thereof, under any agreement entered into by the United States of America, or any agency thereof,
with any person or organization.
B. Under any Medical Payments coverage, to expenses incurred with respect to "bodily injury" resulting
from the "hazardous properties" of"nuclear material" and arising out of the operation of a "nuclear
facility" by any person or organization.
C. Under any Liability Coverage, to "bodily injury" or "property damage" resulting from the "hazardous
properties" of"nuclear material," if:
1. The "nuclear material" (a) is at any "nuclear facility" owned by, or operated by or on behalf of, a
"Covered Party" or(b) has been discharged or dispersed therefrom;
2. The "nuclear material" is contained in "spent fuel" or"waste" at any time possessed, handled,
used, processed, stored, transported or disposed of by or on behalf of a "Covered Party"; or
3. The "bodily injury" or"property damage" arises out of the furnishing by a "Covered Party" of
services, materials, parts or equipment in connection with the planning, construction, maintenance,
operation or use of any "nuclear facility," but if such facility is located within the United States of
America, its territories or possessions or Canada, this exclusion (3) applies only to "property
damage"to such "nuclear facility" and any property thereof.
II. As used in this endorsement:
"Hazardous properties" include radioactive, toxic or explosive properties;
"Nuclear material" means "source material," "special nuclear material" or"by-product material";
"Source material," "special nuclear material," and "by-product material" have the meanings given them in the
Atomic Energy Act of 1954 or in any law amendatory thereof;
"Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used to exposed to
radiation in a "nuclear reactor;"
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"Waste" means any waste material (a) containing "by-product material" other than the tailings or wastes
produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its
"source material" content, and (b) resulting from the operation by any person or organization of any "nuclear
facility" included under the first two paragraphs of the definition of"nuclear facility."
"Nuclear facility" means:
1. Any "nuclear reactor";
2. Any equipment or device designed or used for: (a) separating the isotopes of uranium or
plutonium, (b) processing or utilizing "spent fuel," or(c) handling, processing or package "waste";
3. Any equipment or device used for the processing, fabricating or alloying of"special nuclear
material" if at any time the total amount of such material in the custody of the "Covered Party" at
the premises where such equipment or device is located consists of or contains more than 25
grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of
uranium 235;
4. Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of
"waste";
And includes the site on which any of the foregoing is located, all operations conducted on such site and all
premises used for such operations.
"Nuclear Reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain
reaction or to contain a critical mass of fissionable material.
"Property damage" includes all form of radioactive contamination of property.
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PrefrrredTAL
INSURANCE TRUSTPUBLIC ENTITY
PFAS CHEMICALS EXCLUSION ENDORSEMENT
THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY.
This endorsement modifies coverage provided under the following:
ALL LIABILITY COVERAGE PARTS AND FORMS
I. The coverage does not apply to:
A. Bodily injury or Property Damage arising out of, resulting from, or alleging the actual, alleged, or threatened
exposure to, contact with, existence of, inhalation or absorption of any PFAS group of manufactured chemicals;
or
B. Any loss, cost, or expense arising out of the testing for, monitoring, cleaning up, removing, containing, treating,
detoxifying, neutralizing or in any way responding to or assessing the effects of any PFAS by any covered party
or any other person or organization.
II. As used in this endorsement:
A. PFAS means the Perflouroalkyl and Polyflouroalkyl group of manufactured chemicals including, but not limited to
the PFAS sub-groups: perfluorooctane sulfonate (PFOS), perfluorooctanoic acid (PFOA), and Perfluorohexane
sulfonate acids(PFHxS).
All other terms and conditions of the policy shall remain unchanged.
PGIT MN-901 (10 23) Page 1
Print Date:10/23/2024
A-75
Preferred
VERNMENTAL PUBLIC ENTITY
INSURANCE TRUST
AUTOMATIC ADDITIONAL COVERED PARTIES
THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY.
This endorsement modifies coverage provided under the AUTOMOBILE COVERAGE FORM, PGIT MN-
300,the GENERAL LIABILITY COVERAGE FORM, PGIT MN-200 and the PROPERTY AND INLAND
MARINE COVERAGE FORM, PGIT MN-104
Where indicated by (X) below, coverage applies to the subdivision or an agency of the state of Florida or a
mortgagee/bondholder as their interest may appear. The provisions in this endorsement do not supersede Florida
Statute 768.28, Article 10 and 13 of the Florida Constitution, or any other Statute or law limiting whom a Public
Entity can indemnify.
X ADDITIONAL COVERED PARTY- BY CONTRACT, AGREEMENT OR PERMIT
SECTION II-WHO IS A COVERED PARTY is amended to include any subdivision or agency of the
state of Florida(hereinafter called Additional Covered Party)with whom the Covered Party agrees in
a written "insured contract"to name as an Additional Covered Party, but only with respect to liability
arising solely out of the Covered Party's operation, "your work"or facilities owned or used by the
Covered Party.
The coverage afforded to the Additional Covered Party does not apply:
(1) Unless the written "insured contract", agreement or permit was executed prior to the"bodily
injury," "property damage," "personal injury" or"advertising injury;"
(2) To any person(s) or organization(s) included as a Covered Party under this coverage
agreement or by an endorsement made part of this coverage agreement.
X ADDITIONAL COVERED PARTY-OWNERS OF LEASED EQUIPMENT
SECTION II -WHO IS A COVERED PARTY is amended to include any subdivision or an agency
of the state of Florida (hereinafter called Additional Covered Party)with whom the Covered Party
agrees in a written "insured contract", for the lease or rental of equipment, to name as an
Additional Covered Party, but only with respect to liability arising out of the sole negligence of the
Covered Party, and only while such equipment is in the care, custody or control of the Covered
Party, or any employee or agent of the Covered Party.
The coverage afforded to the Additional Covered Party does not apply to:
(1) "Bodily injury" or"property damage" occurring after you cease to lease or rent the equipment;
(2) "Bodily injury" or"property damage" arising out of any negligence of the Additional Covered Party;
(3) Structural alterations, new construction or demolition operations performed by or on behalf
of the Additional Covered Party;
(4) Liability assumed by the Additional Covered Party under any contract or agreement;
(5) "Property damage"to:
(a) Property owned, used, occupied by, or rented to the Additional Covered Party;
(b) Property in the care, custody or control of the Additional Covered Party or its employees
or agents, or of which the Additional Covered Party, its employees or agents are for
any purpose exercising physical control.
PGIT MN-902(10 23) Page 1
Print Date:10/23/2024
A-75
X ADDITIONAL COVERED PARTY-MANAGERS OR LESSORS OF PREMISES
SECTION II -WHO IS A COVERED PARTY is amended to include any subdivision or an agency
of the state of Florida(hereinafter called Additional Covered Party)with whom the Covered Party
agrees in a written "insured contract"to name as an Additional Covered Party, but only with respect
to liability arising solely out of the"premises" leased to the Covered Party by such subdivision or
agency of the state of Florida.
The coverage afforded to the Additional Covered Party does not apply to:
(1) "Bodily injury" or"property damage" occurring after the Covered Party cease to be a tenant
in that"premises";
(2) "Bodily injury"or"property damage" arising out of any negligence of the Additional Covered Party;
(3) Structural alterations, new construction or demolition operations performed by or on behalf
of the Additional Covered Party;
(4) Liability assumed by the Additional Covered Party under any contract or agreement;
(5) "Property damage"to:
(a) Property owned, used, occupied by, or rented to the Additional Covered Party;
(b) Property in the care, custody or control of the Additional Covered Party or its employees
or agents, or of which the Additional Covered Party, its employees or agents are for any
purpose exercising physical control.
X ADDITIONAL COVERED PARTY—MORTGAGEE or BONDHOLDER
SECTION II -WHO IS A COVERED PARTY is amended to include any mortgagee or bondholder
(hereinafter called Additional Covered Party)with whom the Covered Party agrees in a written
contract to name as an Additional Covered Party, but only with respect to liability arising solely out of
the Covered Party's operations on the premises owned by the Covered Party, in which said
Additional Covered Party possesses an interest.
The coverage afforded to the Additional Covered Party does not apply:
(1) Unless the written contract was executed prior to the occurrence of the "bodily injury,"
"property damage," "personal injury"or"advertising injury"for which coverage is sought
(2)To any person(s)or organization(s) included as a Covered Party under this coverage
agreement or by an endorsement made part of this coverage agreement.
Notwithstanding any other provision of this agreement, with the sole
exception of that coverage extended to a mortgagee or bondholder, this
endorsement extends coverage to an Additional Covered Party, only in the
event that said entity is a subdivision or agency of the state of Florida, within
the contemplation of Section 768.28, Florida Statutes, and entitled to the
privileges, immunities and protections afforded by said statute. Neither the
Covered Party, Additional Covered Party nor the Trust waive any of the
privileges, immunities and protections afforded by the doctrine of sovereign
immunity or Section 768.28, Florida Statutes.
PGIT MN-902(10 23) Page 2
Print Date:10/23/2024
A-75
PreferredCLAIM NOTICE
vcnirecr hi
INSURANCE TRUST
Please notify:
Preferred Governmental Claim Solutions
P.O. Box 614004
Orlando, FL 32861-4004
Toll Free: 1-800-237-6617
Local: 321-832-1400
Fax : 1-321-832-1717
www.pgcs-tpa.com
There are four ways to report a claim:
• 24/7 Online @ www.pgcs-tpa.com , you must register for this service on the website
• Call 800-237-6617 - during office hours of 8am to 5pm Monday through Friday
• Fax 321-832-1448
• Email to LiabilityClaims@pgcs-tpa.com
Print Date:9/23/2024
L !e4 PublicIIIII Risk AmeriSys*
i NSURANCE TRUST Services
Insurance Solutions,far Public Entities
Pmftc.onrralic anmirn, en n_l hlr.(lick 1 relic,
Public Risk Underwriters of Florida Preferred Governmental Claims Services
PRU of FL is the administrator for Preferred and oversees Preferred's claims administrator is PGCS. With more
the day to day operations of the Trust. PRU of FL provides than 25 years of claims experience,PGCS is Florida's
underwriting,loss control,marketing and accounting foremost governmental third-party administration
services. company. The cornerstones of our claims administration
are communication,quick access and sound return-to-
ork policies.
Contact: Report a Preferred Claim
• Underwriting-Margaret Gross 321-832-1506 Workers'Compensation:
• Operations—Sarah Fugate 321-832-1451 • Phone:800-237-6617 (24/7 claim reporting)
• Marketing—Kurt Heyman 321-832-1455 • Fax: 321-832-1448
• Online: (registration required)
• Email:WCclaims@pgcs-tpa.com
AmeriSys
Liability& Property:
AmeriSys provides superior medical management • Phone:800-237-6617
programs which focus on getting employees back to work • Fax:321-832-1448
and reducing costs.AmeriSys works closely with PGCS • Online: (registration required)
from the onset of the claim for a seamless claim process. • Email:
• Hurricane claims:
Engle Martin works closely with PGCS to provide field
AmeriSys Services: adjusting services on all property claims.
• Field Nurse Case Management
• Telephonic Nurse Case Management Report Worker's Compensation Fraud: PGCS maintains a
• Cost Containment/Medical Bill Review Special Investigative Unit(SIU)to pursue fraudulent claims.
• Provider Network Access All calls are strictly confidential.
• Pharmacy Benefit Management Services • Phone: 833-FRAUD74(833-372-8374)
• Cardiac Care Badge Program
Contact:Jon Barro Salas,Program Manager Deadly Weapon Event:24 hr.Crisis Management
321-832-1709/jbarrosalas@pgcs-tpa.com Response
860-677-3790—CrisisRisk Strategies LLC
Loss Control Services Provided by Public Risk Underwriters of Florida
As a Member of Preferred you are encouraged to take advantage of the many Loss Control and Risk Management
services available to you at no cost.We provide onsite consultations,onsite training,the Preferred TIPS Matching Grant
program,an online training platform with over 600 courses available and a streaming video library with over 600 easy
to access training videos. If you have any questions regarding any kind of safety,loss control and/or risk management
issue,please do not hesitate to contact your Preferred Loss Control Consultant.
Southeast Region:Chris Kittleson,Director of Loss Control Technical Services/Cell:321-525-0353/email:ckittleson@publicrisk.com
Southwest Region:Pam Hancock,Senior Safety&Risk Management Consultant/Cell:321-960-3432/email:phancock@publicrisk.com
Panhandle&Central Region:Mike Marinan,Director of Member Services/Cell:407-725-6858/Office:321-832-1473/email:mmarinan@publicrisk.com
Support:Mike Stephens,Senior Loss Control Specialist/Office:321-832-1658/email:mstephens@publicrisk.com
NAPLES HERITAGE
COMMUNITY DEVELOPMENT DISTRICT
Motion:Assigning Fund Balance as of 09/30/24
The Board hereby assigns the FY 2024 Reserves as follows:
FY 2024
Operating Reserves $ 18,457
Reserves - Fountains 1,400
Reserves - Roads and Lakes 59,717
Total Assigned Reserves $ 79,574
kigt 271
O
Website pus AccSuiteessibility
•
6 Ft
Quarterly Compliance Audit Report
Naples Heritage
Date:June 2024- 2nd Quarter
Prepared for: Sandra Demarco
Developer: Inframark
Insurance agency:
Preparer:
,c, Con�A Jason Morgan - Campus Suite Compliance
kjADA Website Accessibility and Florida F.S. 189.069 Requirements
3yNe U eL'fir
campus
Table of Contents
Compliance Audit
Overview 2
Compliance Criteria 2
ADA Accessibility 2
Florida Statute Compliance 3
Audit Process 3
Audit results
ADA Website Accessibility Requirements 4
Florida F.S. 189.069 Requirements 5
Helpful information:
Accessibility overview 6
ADA Compliance Categories 7
Web Accessibility Glossary 11
Quarterly Compliance Audit Report 1
Compliance Audit Overview
The Community Website Compliance Audit (CWCA) consists of a thorough
assessment of Florida Community Development District (CDD) websites to assure
that specified district information is available and fully accessible. Florida Statute
Chapter 189.069 states that effective October, 2015, every CDD in the state is
required to maintain a fully compliant website for reporting certain information and .
documents for public access.
The CWCA is a reporting system comprised of quarterly audits and an annual
summary audit to meet full disclosure as required by Florida law. These audits are
designed to assure that CDDs satisfy all compliance requirements stipulated in
Chapter 189.069.
Compliance Criteria
The CWCA focuses on the two primary areas -website accessibility as defined by
U.S. federal laws, and the 16-point criteria enumerated in Florida Statute Chapter
189.069.
0 ADA Website Accessibility
Several federal statutes (American Disabilities Act, Sec. 504 and
508 of the Rehabilitation Act of 1973) require public institutions
to ensure they are not discriminating against individuals on the
basis of a person's disability. Community websites are required to
conform to web content accessibility guidelines -WCAG 2.1,
which is the international standard established to keep websites
barrier-free and the recognized standard for ADA-compliance.
Quarterly Compliance Audit Report 2
0 Florida Statute Compliance
Pursuant to F.S. 189.069, every CDD is required to maintain a
dedicated website to serve as an official reporting mechanism
covering, at minimum, 16 criteria. The information required to
report and have fully accessible spans: establishment charter or
ordinance, fiscal year audit, budget, meeting agendas and
minutes and more. For a complete list of statute requirements,
see page 3.
Audit Process
The Community Website Compliance Audit covers all CDD web pages and linked
PDFs.* Following the WCAG 2.1 levels A,AA, and AAA for web content accessibility, a
comprehensive scan encompassing 312 tests is conducted for every page. In
addition, a human inspection is conducted to assure factors such as navigation and
color contrasts meet web accessibility standards. See page 4 for complete
accessibility grading criteria.
In addition to full ADA-compliance,the audit includes a 16-point checklist directly
corresponding with the criteria set forth in Florida Statute Chapter 189.069. See
page 5 for the complete compliance criteria checklist.
* NOTE: Because many CDD websites have links to PDFs that contain
information required by law (meeting agendas, minutes, budgets,
miscellaneous and ad hoc documents, etc.), audits include an examination of
all associated PDFs. PDF remediation and ongoing auditing is critical to
maintaining compliance.
Quarterly Compliance Audit Report 3
0 ADA Website Accessibility
Result: A ASSED
Accessibility Grading Criteria
Passed Website errors*
0 WCAG 2.1 errors appear on website pages causing issues**
Passed Keyboard navigation
The ability to navigate website without using a mouse
Passed Website accessibility policy
A published policy and a vehicle to submit issues and resolve issues
Passed Color contrast
Colors provide enough contrast between elements
Passed Video captioning
Closed-captioning and detailed descriptions
Passed PDF accessibility
Formatting PDFs including embedded images and non-text elements
Passed Site map
Alternate methods of navigating the website
*Errors represent less than 5%of the page count are considered passing
**Error reporting details are available in your Campus Suite Website Accessibility dashboard
Quarterly Compliance Audit Report 4
C Florida F.S. 189.069 Requirements
Result: PASSED
Compliance Criteria
Passed Full Name and primary contact specified
Passed Public Purpose
Passed Governing body Information
Passed Fiscal Year
Passed Full Charter (Ordinance and Establishment) Information
Passed CDD Complete Contact Information
Passed District Boundary map
Passed Listing of taxes,fees,assessments imposed by CDD
Passed Link to Florida Commission on Ethics
Passed District Budgets (Last two years)
Passed Complete Financial Audit Report
Passed Listing of Board Meetings
Passed Public Facilities Report, if applicable
Passed Link to Financial Services
Passed Meeting Agendas for the past year,and 1 week prior to next
Quarterly Compliance Audit Report 5
Accessibility overview
Everyone deserves equal access.
19 With nearly 1-in-5 Americans having some
sort of disability-visual, hearing, motor, of population has a disability.
cognitive -there are literally millions of • • •
reasons why websites should be fully tim fllIl 11‘
accessible and compliant with all state and
federal laws. Web accessibility not only keeps
board members on the right side of the law,
but enables the entire community to access all Sight, hearing, physical,cognitive.
your web content. The very principles that
drive accessible website design are also good
for those without disabilities.
The legal and right thing to do
Several federal statutes (American Disabilities
Act, Sec. 504 and 508 of the Rehabilitation Act M
of 1973) require public institutions to ensure
they are not discriminating against
individuals on the basis of a person's
disability. Community websites are required
to conform to web content accessibility
guidelines, WCAG 2.1,the international
standard established to keep websites
barrier-free. Plain and simple, any content on
your website must be accessible to everyone.
Quarterly Compliance Audit Report 6
ADA Compliance Categories
Most of the problems that occur on a website fall in one or several of the
following categories.
00 Contrast and colors
0
Some people have vision disabilities that hinder picking up
contrasts, and some are color blind, so there needs to be a
distinguishable contrast between text and background colors. This
goes for buttons, links, text on images - everything. Consideration
to contrast and color choice is also important for extreme lighting
conditions.
Contract checker: http://webaim.ora/resources/contrastchecker
Using semantics to format your HTML pages
< > When web page codes are clearly described in easy-to-understand
terms, it enables broader sharing across all browsers and apps.
This 'friendlier' language not only helps all the users,but
developers who are striving to make content more universal on
more devices.
88 Text alternatives for non-text content
88 Written replacements for images, audio and video should provide
all the same descriptors that the non-text content conveys. Besides
helping with searching, clear, concise word choice can make vivid
non-text content for the disabled.
Helpful article: http://webaim.org/techniques/alttext
Quarterly Compliance Audit Report 7
Ability to navigate with the keyboard
Not everyone can use a mouse. Blind people with many with motor
disabilities have to use a keyboard to make their way around a
website. Users need to be able to interact fully with your website by
navigating using the tab, arrows and return keys only.A "skip
navigation" option is also required. Consider using WAI-ARIA for
improved accessibility, and properly highlight the links as you use
the tab key to make sections.
Helpful article: www.nngroup.com/articles/keyboard-accessibility
Helpful article: http://webaim.orq/techniques/skipnav
qEasy to navigate and find information
Finding relevant content via search and easy navigation is a
universal need. Alt text, heading structure, page titles, descriptive
link text (no `click here' please) are just some ways to help
everyone find what they're searching for. You must also provide
multiple ways to navigate such as a search and a site map.
Helpful article:http://webaim.ora/techniques/sitetools/
smim
M Properly formatting tables
illo Tables are hard for screen readers to decipher. Users need to be
able to navigate through a table one cell at a time. In addition to the
table itself needing a caption, row and column headers need to be
labeled and data correctly associated with the right header.
Helpful article: http://webaim.org/techniques/tables/data
Quarterly Compliance Audit Report 8
PC) Making PDFs accessible
PDF files must be tagged properly to be accessible, and
unfortunately many are not. Images and other non-text elements
within that PDF also need to be ADA-compliant. Creating anew is
one thing; converting old PDFs - called PDF remediation -takes
time.
Helpful articles: http://webaim.orq/techniques/acrobat/acrobat
0 Making videos accessible
Simply adding a transcript isn't enough.Videos require closed
captioning and detailed descriptions (e.g., who's on-screen,where
they are, what they're doing, even facial expressions) to be fully
accessible and ADA compliant.
Helpful article: http://webaim.org/techniques/captions
C4I Making forms accessible
Forms are common tools for gathering info and interacting. From
logging in to registration, they can be challenging if not designed to
be web-accessible. How it's laid out, use of labels, size of clickable
areas and other aspects need to be considered.
Helpful article: http://webaim.org/techniques/forms
88 Alternate versions
88 Attempts to be fully accessible sometimes fall short, and in those
cases, alternate versions of key pages must be created. That is, it is
sometimes not feasible (legally, technically) to modify some
content.These are the 'exceptions', but still must be accommodated.
Quarterly Compliance Audit Report 9
A? Feedback for users
To be fully interactive,your site needs to be able to provide an easy
way for users to submit feedback on any website issues. Clarity is
key for both any confirmation or error feedback that occurs while
engaging the page.
`
_p_
No flashing
Blinking and flashing are not only bothersome, but can be
disorienting and even dangerous for many users. Seizures can even
be triggered by flashing, so avoid using any flashing or flickering
content.
Timers
Timed connections can create difficulties for the disabled. They
may not even know a timer is in effect, it may create stress. In some
cases (e.g., purchasing items), a timer is required, but for most
school content, avoid using them.
Fly-out menus
Menus that fly out or down when an item is clicked are helpful to
dig deeper into the site's content, but they need to be available via
keyboard navigation, and not immediately snap back when those
using a mouse move from the clickable area.
No pop-ups
Pop-up windows present a range of obstacles for many disabled
users, so it's best to avoid using them altogether. If you must, be
sure to alert the user that a pop-up is about to be launched.
Quarterly Compliance Audit Report 10
Web Accessibility Glossary
Assistive technology Hardware and software for disabled people that
enable them to perform tasks they otherwise
would not be able to perform (e..g., a screen
reader)
WCAG 2.0 Evolving web design guidelines established by the
W3C that specify how to accommodate web access
for the disabled
504 Section of the Rehabilitation Act of 1973 that
protects civil liberties and guarantees certain
rights of disabled people
508 An amendment to the Rehabilitation Act that
eliminates barriers in information technology for
the disabled
ADA American with Disabilities Act (1990)
Screen reader Software technology that transforms the on-screen
text into an audible voice. Includes tools for
navigating/accessing web pages.
Website accessibility Making your website fully accessible for people of
all abilities
W3C World Wide Web Consortium -the international
body that develops standards for using the web
Quarterly Compliance Audit Report 11
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11
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•
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Quarterly Compliance Audit Report
Naples Heritage
Date: October 2024 - 3rd Quarter
Prepared for: Sandra Demarco
Developer: Inframark
Insurance agency:
Preparer:
��G� Gon�A� Susan Morgan -SchoolStatus Compliance
v) n ADA Website Accessibility and Florida F.S. 189.069 Requirements
3 m
Table of Contents
Compliance Audit
Overview 2
Compliance Criteria 2
ADA Accessibility 2
Florida Statute Compliance 3
Audit Process 3
Audit results
ADA Website Accessibility Requirements 4
Florida F.S. 189.069 Requirements 5
Helpful information:
Accessibility overview 6
ADA Compliance Categories 7
Web Accessibility Glossary 11
Quarterly Compliance Audit Report 1
Compliance Audit Overview
The Community Website Compliance Audit (CWCA) consists of a thorough
assessment of Florida Community Development District (CDD) websites to assure
that specified district information is available and fully accessible. Florida Statute
Chapter 189.069 states that effective October, 2015, every CDD in the state is
required to maintain a fully compliant website for reporting certain information and
documents for public access.
The CWCA is a reporting system comprised of quarterly audits and an annual
summary audit to meet full disclosure as required by Florida law. These audits are
designed to assure that CDDs satisfy all compliance requirements stipulated in
Chapter 189.069.
Compliance Criteria
The CWCA focuses on the two primary areas -website accessibility as defined by
U.S. federal laws, and the 16-point criteria enumerated in Florida Statute Chapter
189.069.
0 ADA Website Accessibility
Several federal statutes (American Disabilities Act, Sec. 504 and
508 of the Rehabilitation Act of 1973) require public institutions
to ensure they are not discriminating against individuals on the
basis of a person's disability. Community websites are required to
conform to web content accessibility guidelines - WCAG 2.1,
which is the international standard established to keep websites
barrier-free and the recognized standard for ADA-compliance.
Quarterly Compliance Audit Report 2
( .7 Florida Statute Compliance
U
Pursuant to F.S. 189.069, every CDD is required to maintain a
dedicated website to serve as an official reporting mechanism
covering, at minimum, 16 criteria. The information required to
report and have fully accessible spans: establishment charter or
ordinance, fiscal year audit, budget, meeting agendas and
minutes and more. For a complete list of statute requirements,
see page 3.
Audit Process
The Community Website Compliance Audit covers all CDD web pages and linked
PDFs.* Following the WCAG 2.1 levels A, AA, and AAA for web content accessibility, a
comprehensive scan encompassing 312 tests is conducted for every page. In
addition, a human inspection is conducted to assure factors such as navigation and
color contrasts meet web accessibility standards. See page 4 for complete
accessibility grading criteria.
In addition to full ADA-compliance, the audit includes a 16-point checklist directly
corresponding with the criteria set forth in Florida Statute Chapter 189.069. See
page 5 for the complete compliance criteria checklist.
* NOTE: Because many CDD websites have links to PDFs that contain
information required by law (meeting agendas, minutes, budgets,
miscellaneous and ad hoc documents, etc.), audits include an examination of
all associated PDFs. PDF remediation and ongoing auditing is critical to
maintaining compliance.
Quarterly Compliance Audit Report 3
0 ADA Website Accessibility
Result: 'ASSED
Accessibility Grading Criteria
Passed Website errors*
0 WCAG 2.1 errors appear on website pages causing issues**
Passed Keyboard navigation
The ability to navigate website without using a mouse
Passed Website accessibility policy
A published policy and a vehicle to submit issues and resolve issues
Passed Color contrast
Colors provide enough contrast between elements
Passed Video captioning
Closed-captioning and detailed descriptions
Passed PDF accessibility
Formatting PDFs including embedded images and non-text elements
Passed Site map
Alternate methods of navigating the website
*Errors represent less than 5%of the page count are considered passing
**Error reporting details are available in your Campus Suite Website Accessibility dashboard
Quarterly Compliance Audit Report 4
Florida F.S. 189.069 Requirements
Result: PASSED
Compliance Criteria
Passed Full Name and primary contact specified
Passed Public Purpose
Passed Governing body Information
Passed Fiscal Year
Passed Full Charter (Ordinance and Establishment) Information
Passed CDD Complete Contact Information
Passed District Boundary map
Passed Listing of taxes,fees,assessments imposed by CDD
Passed Link to Florida Commission on Ethics
Passed District Budgets (Last two years)
Passed Complete Financial Audit Report
Passed Listing of Board Meetings
Passed Public Facilities Report,if applicable
Passed Link to Financial Services
Passed Meeting Agendas for the past year,and 1 week prior to next
Quarterly Compliance Audit Report 5
Accessibility overview
Everyone deserves equal access.
0 oil
With nearly 1-in-5 Americans having some
sort of disability-visual, hearing, motor, of population has a disability.
cognitive -there are literally millions of •
reasons why websites should be fully
accessible and compliant with all state and6.1111
federal laws. Web accessibility not only keeps
board members on the right side of the law,
but enables the entire community to access all Sight,hearing, physical,cognitive.
your web content. The very principles that
drive accessible website design are also good
for those without disabilities.
The legal and right thing to do
Several federal statutes (American Disabilities
Act, Sec. 504 and 508 of the Rehabilitation Act NIP"
of 1973) require public institutions to ensure
they are not discriminating against
individuals on the basis of a person's
disability. Community websites are required
to conform to web content accessibility
guidelines, WCAG 2.1,the international
standard established to keep websites
barrier-free. Plain and simple, any content on
your website must be accessible to everyone.
Quarterly Compliance Audit Report 6
ADA Compliance Categories
Most of the problems that occur on a website fall in one or several of the
following categories.
0 0 Contrast and colors
0
Some people have vision disabilities that hinder picking up
contrasts, and some are color blind, so there needs to be a
distinguishable contrast between text and background colors. This
goes for buttons, links, text on images - everything. Consideration
to contrast and color choice is also important for extreme lighting
conditions.
Contract checker: http://webaim.ora/resources/contrastchecker
Using semantics to format your HTML pages
When web page codes are clearly described in easy-to-understand
terms, it enables broader sharing across all browsers and apps.
This `friendlier' language not only helps all the users,but
developers who are striving to make content more universal on
more devices.
88 Text alternatives for non-text content
88 Written replacements for images, audio and video should provide
all the same descriptors that the non-text content conveys. Besides
helping with searching, clear, concise word choice can make vivid
non-text content for the disabled.
Helpful article: http://webaim.org/techniques/alttext
Quarterly Compliance Audit Report 7
Ability to navigate with the keyboard
Not everyone can use a mouse. Blind people with many with motor
disabilities have to use a keyboard to make their way around a
website. Users need to be able to interact fully with your website by
navigating using the tab, arrows and return keys only.A"skip
navigation" option is also required. Consider using WA1-ARIA for
improved accessibility, and properly highlight the links as you use
the tab key to make sections.
Helpful article: www.nngroup.com/articles/keyboard-accessibility
Helpful article: http://webaim.orq/techniques/skipnav
qEasy to navigate and find information
Finding relevant content via search and easy navigation is a
universal need.Alt text, heading structure, page titles, descriptive
link text (no `click here' please) are just some ways to help
everyone find what they're searching for. You must also provide
multiple ways to navigate such as a search and a site map.
Helpful article: http://webaim.ora/techniques/sitetools/
m Properly formatting tables
ow Tables are hard for screen readers to decipher. Users need to be
able to navigate through a table one cell at a time. In addition to the
table itself needing a caption, row and column headers need to be
labeled and data correctly associated with the right header.
Helpful article: http://webaim.org/techniques/tables/data
Quarterly Compliance Audit Report 8
Ibo Making PDFs accessible
PDF files must be tagged properly to be accessible, and
unfortunately many are not. Images and other non-text elements
within that PDF also need to be ADA-compliant. Creating anew is
one thing; converting old PDFs - called PDF remediation - takes
time.
Helpful articles: http://webaim.org/techniques/acrobat/acrobat
0 Making videos accessible
Simply adding a transcript isn't enough.Videos require closed
captioning and detailed descriptions (e.g., who's on-screen,where
they are, what they're doing, even facial expressions) to be fully
accessible and ADA compliant.
Helpful article: http://webaim.org/techniques/captions
Making forms accessible
Forms are common tools for gathering info and interacting. From
logging in to registration, they can be challenging if not designed to
be web-accessible. How it's laid out, use of labels, size of clickable
areas and other aspects need to be considered.
Helpful article: http://webaim.org/techniques/forms
88 Alternate versions
88 Attempts to be fully accessible sometimes fall short, and in those
cases, alternate versions of key pages must be created. That is, it is
sometimes not feasible (legally, technically) to modify some
content. These are the `exceptions, but still must be accommodated.
Quarterly Compliance Audit Report 9
Q? Feedback for users
r' '1 To be fully interactive,your site needs to be able to provide an easy
way for users to submit feedback on any website issues. Clarity is
key for both any confirmation or error feedback that occurs while
engaging the page.
• ' ' Other related requirements
O�
No flashing
Blinking and flashing are not only bothersome, but can be
disorienting and even dangerous for many users. Seizures can even
be triggered by flashing, so avoid using any flashing or flickering
content.
Timers
Timed connections can create difficulties for the disabled. They
may not even know a timer is in effect, it may create stress. In some
cases (e.g., purchasing items), a timer is required, but for most
school content, avoid using them.
Fly-out menus
Menus that fly out or down when an item is clicked are helpful to
dig deeper into the site's content, but they need to be available via
keyboard navigation, and not immediately snap back when those
using a mouse move from the clickable area.
No pop-ups
Pop-up windows present a range of obstacles for many disabled
users, so it's best to avoid using them altogether. If you must, be
sure to alert the user that a pop-up is about to be launched.
Quarterly Compliance Audit Report 10
Web Accessibility Glossary
Assistive technology Hardware and software for disabled people that
enable them to perform tasks they otherwise
would not be able to perform (e..g., a screen
reader)
WCAG 2.0 Evolving web design guidelines established by the
W3C that specify how to accommodate web access
for the disabled
504 Section of the Rehabilitation Act of 1973 that
protects civil liberties and guarantees certain
rights of disabled people
508 An amendment to the Rehabilitation Act that
eliminates barriers in information technology for
the disabled
ADA American with Disabilities Act (1990)
Screen reader Software technology that transforms the on-screen
text into an audible voice. Includes tools for
navigating/accessing web pages.
Website accessibility Making your website fully accessible for people of
all abilities
W3C World Wide Web Consortium -the international
body that develops standards for using the web
Quarterly Compliance Audit Report 11
Service Report
SQLITUDE
LAKE MANAGEMENT
Account Naples Heritage CDD
Work Order 00558458 Contact Justin Faircloth
Work Order 00558458 Address 8150 Heritage Club Way
Number Naples,FL 34112
United States
Created Date 6/4/2024
Work Details
Specialist Lake 14 is down but was already quoted a new Prepared By Miguel Alma
Comments to fountain.
Customer
Will continue to maintain
Work Order Assets
Asset Status Product Work Type
Naples Herit AQUA Fountain 1 Site#14 FTN Inspected
Service Parameters
Asset Product Work Type Specialist Comments to Customer
Naples Herit AQUA Fountain 1 Site#14 FTN CHECK POWER CABLE
Naples Herit AQUA Fountain 1 Site#14 FTN PANEL COMPONENT CHECK
Naples Herit AQUA Fountain 1 Site#14 FTN LIGHTING INSPECTION(IF APPLICABLE)
Naples Herit AQUA Fountain 1 Site#14 FTN FOUNTAIN FUNCTIONALITY
Naples Herit AQUA Fountain 1 Site#14 FTN
Service Report
SGLITUDE
LAKE MANAGEMENT
Account Naples Heritage CDD
Work Order 00614333 Contact Justin Faircloth
Work Order 00614333 Address 8150 Heritage Club Way
Number Naples,FL 34112
Created Date 5/22/2024
Work Details
Specialist Compressor added to lake 12.All airstations Prepared By James McNulty
Comments to display properly
Customer
Work Order Assets
Asset Status Product Work Type
Naples Heritage-Aerator Lake#12 Included
Service Parameters
Asset Product Work Type Specialist Comments to Customer
Naples Heritage-Aerator Lake#12
Service Report
SLITUDE
LAKE MANAGEMENT
Account Naples Heritage CDD
Work Order 00616357 Contact Justin Faircloth
Work Order 00616357 Address 8150 Heritage Club Way
Number Naples,FL 34112
United States
Created Date 6/27/2024
Work Details
Specialist Installed new kasco fountain and removed the Prepared By Garrett Alvarez
Comments to old fountain and control box.
Customer
Work Order Assets
Asset Status cduct 1Voi k Type
Fountain#1 -Kasco 5HP Included
Service Parameters
Asset Product Work Type Specialist Comments to Customer
Fountain#1 -Kasco 5HP FOUNTAIN INSTALL
Fountain#1 -Kasco 5HP
Service Report
SQLITUDE
LAKE MANAGEMENT
Account Naples Heritage CDD
Work Order 00626336 Contact Justin Faircloth
Work Order 00626336 Address 8150 Heritage Club Way
Number Naples,FL 34112
United States
Created Date 6/4/2024
Work Details
Specialist The cabinet and compressor is fairly new that is Prepared By Miguel Alma
Comments to the lowest it's going to sound but will maintain to
Customer maintenance it.
Work Order Assets
Asset Status Product Work Type
Naples Herit VTX Aerator 5 Site#1 Aer Included
Service Parameters
Asset Product Work Type Specialist Comments to Customer
Naples Herit VTX Aerator 5 Site#1 Aer
Service Report
SQLITUDE
LAKE MANAGEMENT
Account Naples Heritage CDD
Work Order 00628862 Contact Justin Faircloth
Work Order 00628862 Address 8150 Heritage Club Way
Number Naples,FL 34112
United States
Created Date 8/7/2024
Work Details
Specialist In today's visit we check lakes Prepared By Christopher Encarnacion
Comments to Lake 14 all diffusers are up and running.
Customer Lake 15 all diffusers are up and running.Needs
new fan
Lake 12 all diffusers are up and running.
Lake 11 Fixed disconnect hose
Lake 16 all diffusers are up and running.
Lake 9 all diffusers are up and running.
Lake 1 Replaced capacitor.
Lake 2 needs Electrician to restore power
Lake 3 all diffusers are up and running.
Lake 4 all diffusers are up and running.
Work Order Assets
Asset Status Product Work Type
Naples Herit VTX Aerator 4 Site#4 Inspected
Naples Herit VTX Aerator 1 Site#16 Aer Inspected
Naples Herit VTX Aerator 2 Site#17 Inspected
Naples Herit VTX Aerator 5 Site#1 Aer Inspected
Naples Herit VTX Aerator 3 Site#2 Aer Inspected
Service Report
SQLITUDE
LAKE MANAGEMENT
Account Naples Heritage CDD
Work Order 00629112 Contact Justin Faircloth
Work Order 00629112 Address 8150 Heritage Club Way
Number Naples,FL 34112
United States
Created Date 8/7/2024
Work Details
Specialist Cleaning fountain an lights Prepared By Christopher Encarnacion
Comments to Checked panel
Customer Everything is up and running upon departure
Work Order Assets
Asset Status Product Work Type
Naples Herit AQUA Fountain 1 Site#14 FTN Inspected
Service Parameters
Asset Product Work Type Specialist Comments to Customer
Naples Herit AQUA Fountain 1 Site#14 FTN CHECK POWER CABLE
Naples Herit AQUA Fountain 1 Site#14 FTN PANEL COMPONENT CHECK
Naples Herit AQUA Fountain 1 Site#14 FTN LIGHTING INSPECTION(IF APPLICABLE)
Naples Herit AQUA Fountain 1 Site#14 FTN FOUNTAIN FUNCTIONALITY
Naples Herit AQUA Fountain 1 Site#14 FTN
Service Report
SQLITUDE
LAKE MANAGEMENT
Account Naples Heritage CDD
Work Order 00628862 Contact Justin Faircloth
Work Order 00628862 Address 8150 Heritage Club Way
Number Naples,FL 34112
United States
Created Date 8/7/2024
Service Parameters
Asset Product Work Type Specialist Comments to Customer
Naples Herit VTX Aerator 5 Site#1 Aer DIFFUSER OPERATION
Naples Herit VTX Aerator 5 Site#1 Aer CABINET OPERATION
Naples Herit VTX Aerator 4 Site#4 DIFFUSER OPERATION
Naples Herit VTX Aerator 4 Site#4 CABINET OPERATION
Naples Herit VTX Aerator 3 Site#2 Aer DIFFUSER OPERATION
Naples Herit VTX Aerator 3 Site#2 Aer CABINET OPERATION
Naples Herit VTX Aerator 2 Site#17 DIFFUSER OPERATION
Naples Herit VTX Aerator 2 Site#17 CABINET OPERATION
Naples Herit VTX Aerator 1 Site#16 Aer DIFFUSER OPERATION
Naples Herit VTX Aerator 1 Site#16 Aer CABINET OPERATION
Naples Herit VTX Aerator 3 Site#2 Aer
Naples Herit VTX Aerator 5 Site#1 Aer
Naples Herit VTX Aerator 2 Site#17
Naples Herit VTX Aerator 1 Site#16 Aer
Naples Herit VTX Aerator 4 Site#4
Service Report
SQLITUDE
LAKE MANAGEMENT
Account Naples Heritage CDD
Work Order 00650349 Contact Justin Faircloth
Work Order 00650349 Address 8150 Heritage Club Way
Number Naples,FL 34112
United States
Created Date 7/31/2024
Work Details
Specialist Completed cabinet cover installation and added Prepared By Christopher Encamacion
Comments to sound kit.
Customer
Work Order Assets
Asset Status Product Work Type
Naples Herit VTX Aerator 5 Site#1 Aer Included
Service Parameters
Asset Product Work Type Specialist Comments to Customer
Naples Herit VTX Aerator 5 Site#1 Aer
Service Report
SQLITUDE
LAKE MANAGEMENT
Account Naples Heritage CDD
Work Order 00664129 Contact Justin Faircloth
Work Order 00664129 Address 8150 Heritage Club Way
Number Naples,FL 34112
United States
Created Date 7/9/2024
Work Details
Specialist During today's visit,all repairs were completed. Prepared By Christopher Encamacion
Comments to The valves are bad and hose is brittle.
Customer Recommend a new valve box,which needs to be
relocated higher on the shoreline.Including,new
hoses and 3 diffusers.
Quote will be sent out
Work Order Assets
Asset Status Product .-York Type
Naples Heritage-Aerator Lake 15 Included
Service Parameters
Asset Product Work Type Specialist Comments to Custorer
Naples Heritage-Aerator Lake 15
Service Report
SQLITUDE
LAKE MANAGEMENT
Account Naples Heritage CDD
Work Order 00689686 Contact Justin Faircloth
Work Order 00689686 Address 8150 Heritage Club Way
Number Naples,FL 34112
United States
Created Date 9/3/2024
Work Details
Specialist New aeration system installation was completed Prepared By Christopher Encamacion
Comments to today.Including,new compressor cabinets,new
Customer hose and valve box manifold.Everything is up
and running upon departure.
Work Order Assets
Asset Status Product Work Type
Naples Heritage-Aerator Lake 15 Included
Service Parameters
Asset Product Work Type Specialist Comments to Customer
Naples Heritage-Aerator Lake 15 FOUNTAIN INSTALL
Naples Heritage-Aerator Lake 15
Service Report
SLITUDE
LAKE MANAGEMENT
Account Naples Heritage CDD
Work Order 00693120 Contact Justin Fairdoth
Work Order 00693120 Address 7983 Kilkenny Way
Number Naples,FL 34112
United States
Created Date 8/23/2024
Work Details
Specialist Aeration cabinet for lake#1 is back up and Prepared By Christopher Encamacion
Comments to functional upon departure.
Customer
Aeration cabinet lake 12 is back up and running.
all 4 air stations with valve adjustments are back
to it full showing
Work Order Assets
Asset Status Product Work Type
Naples Heritage-Aerator#9 Lake 1 Included
Naples Heritage-Aerator Lake#12 Included
Service Parameters
Asset Product Work Type Specialist Comments to Customer
Naples Heritage-Aerator Lake#12
Naples Heritage-Aerator#9 Lake 1
Service Report
SQL1TUDE
LAKE MANAGEMENT
Account Naples Heritage CDD
Work Order 00708765 Contact Justin Faircloth
Work Order 00708765 Address 8150 Heritage Club Way
Number Naples,FL 34112
United States
Created Date 9/11/2024
Work Details
Specialist Repairs were made and all systems and Prepared By Christopher Encamacion
Comments to defusers were up and running upon departure
Customer
Work Order Assets
Asset Status Product Work Type
Naples Heritage-Aerator Lake#15 Included
Service Parameters
Asset Product Work Type Specialist Comments to Customer
Naples Heritage-Aerator Lake#15
Service Report
SLITUDE
LAKE MANAGEMENT
Account Naples Heritage CDD-F&A
Work Order 00712282 Contact Justin Fairdoth
Work Order 00712282 Address 8150 Heritage Club Way
Number Naples,FL 34112
United States
Created Date 9/20/2024
Work Details
Specialist Arrived and found the GFI from the main panel Prepared By Christopher Encamacion
Comments to was tripped.Upon inspection,moisture was
Customer found in the GFI.which was cleaned.After
completing diagnostics,the system is now
operational.If the tripping persists,I would
recommend having an electrician replace the
GFI outlet for precaution.
Work Order Assets
Asset Status Product Work Type
Service Parameters
Asset Product Work Type Specialist Comments to Customer
Service Report
SQLITUDE
LAKE MANAGEMENT
Account Naples Heritage CDD-F&A
Work Order 00712748 Contact Justin Faircloth
Work Order 00712748 Address 7842 Naples Heritage Drive
Number Naples,FL 34112
United States
Created Date 9/24/2024
Work Details
Specialist Complete repairs for cabinet 3 but would Prepared By Christopher Encarnacion
Comments to recommend replacing compressor due to wom
Customer piston leading to amplified noise
Work Order Assets
Asset Status Product Work Type
Naples Heritage-Aerator#8 Lake 3 Included
Service Parameters
Asset Product Work Type Specialist Comments to Customer
Naples Heritage-Aerator#8 Lake 3
Service Report
SQLITUDE
LAKE MANAGEMENT
Account Naples Heritage CDD-F&A
Work Order 00721462 Contact Justin Faircloth
Work Order 00721462 Address 7842 Naples Heritage Drive
Number Naples,FL 34112
United States
Created Date 10/8/2024
Work Details
Specialist New compressor installed and everything is Prepared By Joseph Cruz
Comments to working properly
Customer
Work Order Assets
Asset Status Product Work Type
Naples Heritage-Aerator#8 Lake 3 Included
Service Parameters
Asset Product Work Type Specialist Comments to Customer
Naples Heritage-Aerator#8 Lake 3
,ate. tt\ South Florida Water Management District
19. r Individual Environmental Resource Permit No. 11-109069-P
', v; Date Issued: October 6, 2023
l ,1"^00,416
Modified On: May 28, 2024
Permittee: Naples Heritage Community Development District
210 N. University Dr. Suite 702
Coral Springs, FL 33071
Project: Naples Heritage Nature Trail
Application No. 240509-43741
Location: Collier County, See Exhibit 1
Your application for an Individual Environmental Resource Permit is approved. This action is taken based
on Chapter 373, Part IV, of Florida Statutes (F.S.) and the rules in Chapter 62-330, Florida Administrative
Code (F.A.C.). Unless otherwise stated, this permit constitutes certification of compliance with state water
quality standards under section 401 of the Clean Water Act, 33 U.S.C. 1341, and a finding of consistency
with the Florida Coastal Management Program. Please read this entire agency action thoroughly and
understand its contents.
This permit is subject to:
• Not receiving a filed request for a Chapter 120, F.S., administrative hearing.
• The attached General Conditions for Environmental Resource Permits.
• The attached Special Conditions.
• All referenced Exhibits.
All documents are available online through the District's ePermitting site at www.sfwmd.gov/ePermitting.
If you object to these conditions, please refer to the attached "Notice of Rights" which addresses the
procedures to be followed if you desire a public hearing or other review of the proposed agency action.
Please contact this office if you have any questions concerning this matter. If we do not hear from you in
accordance with the"Notice of Rights", we will assume that you concur with the District's action.
The District does not publish notices of action. If you wish to limit the time within which a person may
request an administrative hearing regarding this action, you are encouraged to publish, at your own
expense, a notice of agency action in the legal advertisement section of a newspaper of general circulation
in the county or counties where the activity will occur. Legal requirements and instructions for publishing a
notice of agency action, as well as a noticing format that can be used, are available upon request. If you
publish a notice of agency action, please send a copy of the affidavit of publication provided by the
newspaper to the District's West Palm Beach office for retention in this file.
If you have any questions regarding your permit or need any other information, please call us at
1-800-432-2045 or email epermits(asfwmd.gov.
ILIA
Elizabeth Veguilla
Regulatory Specialist Supervisor
South Florida Water Management District
Individual Environmental Resource Permit No. 11-109069-P
Date Issued: October 6, 2023 Expiration Date: October 6, 2028
Modified On: May 28, 2024
Project Name: Naples Heritage Nature Trail
Permittee: Naples Heritage Community Development District
210 N. University Dr. Suite 702
Coral Springs, FL 33071
Operating Entity: Naples Heritage Community Development District
210 N. University Dr. Suite 702
Coral Springs, FL 33071
Location: Collier County
Permit Acres: 0.67 acres
Project Land Use: Commercial
Special Drainage District: N/A
Water Body Classification: CLASS III
FDEP Water Body ID: 3278Y
Wetland and Surface Water Impacts: 0.63 acres
Conservation Easement to District: Yes
Sovereign Submerged Lands: No
Project Summary
This Environmental Resource Permit (ERP) authorizes the Construction and Operation of a 0.67-acre at-
grade unpaved nature trail and observation deck within a portion of the existing conservation easement and
mitigation area for the Naples Heritage Community known as Naples Heritage Nature Trail. Additionally, this
project involves an amendment to the existing recorded conservation easement to allow for the proposed
passive recreational uses.
The project proposes the construction of an approximately 0.96 mile, 5' wide recreational trail with
associated benches, pavilion/deck area, informational signage, and other required infrastructure. Refer to
Exhibit No. 3.0 and 3.1 for additional information.
Issuance of this permit constitutes certification of compliance with state water quality standards in
accordance with Rule 62-330.062, F.A.C.
Permit No: 11-109069-P, Page 2 of 18
Site Description
The site contains natural areas as part of the existing conservation easement and wetland mitigation area
for Naples Heritage. The site also contains two previously existing man-made lakes. The project is located
on the east side of Davis Boulevard approximately 1.50 miles southwest of its intersection with Collier
Boulevard (SR 951), and on the north side of the Naples Heritage development in Collier County. Refer to
Exhibit 1.0 for a location map.
For information on wetland and other surface water (OSW) impacts, please see the Wetlands and OSWs
section of this permit.
Background
This area was placed under a conservation easement as part of the Naples Heritage (FKA Shamrock Golf
and Country Club) development authorized under Permit No. 11-01101-S, the conservation easement is
located outside of the controlled SWM basin. Permit No. 11-01101-S was certified and converted to
operation in May 2020.
Current Authorization (Application No. 240509-43741)
A permit transfer to the operating entity, the Naples Heritage Community Development District, is issued as
requested. As a condition of transfer, the operating entity has agreed to be perpetually bound by all terms
and conditions of the permit, including all compliance requirements. Authorization for future works related to
the permitted SWM system must be applied for and obtained prior to conducting such activities.
This permit did not require certification, and the transfer was submitted to remove co-permittee Naples
Heritage Golf& Country Club Inc. The CDD operates the recreational trail SWM and amended conservation
areas.
Permit Modification History
Application No. 240509-43741 authorized Construction and Operation of a 0.67-acre at-grade unpaved
nature trail and observation deck within a portion of the existing conservation easement and mitigation area
for the Naples Heritage Community known as Naples Heritage Nature Trail. Additionally, this project
involved an amendment to the existing recorded conservation easement to allow for the proposed passive
recreational uses.
Ownership, Operation and Maintenance
Perpetual operation and maintenance of the SWM system and conservation areas is the responsibility of the
Naples Heritage Community Development District as indicated in the recorded governing documents
(Please see Exhibit No. 4.0). A request for transfer to the operating entity and recorded copies of its
governing documents have been submitted in accordance with General Condition No. 7.
Permit No: 11-109069-P, Page 3 of 18
Engineering Evaluation:
Land Use
The proposed trail will be constructed at grade and will not significantly alter the existing land use.
Water Quality
This site is located inside a conservation easement and is not part of a controlled stormwater basin,
therefore water quality and attenuation is not required for this project.
Discharge
This site is located inside a conservation easement and is not part of a controlled stormwater basin,
therefore the project discharge has not been limited to a specified rate.
Certification, Operation, and Maintenance
Certification is not required for this project.
Permit No: 11-109069-P, Page 4 of 18
Environmental Evaluation:
Wetland and OSW Description
The project area contains a total of 0.66 acres of wetlands and 0.01 acres of OSW totaling 0.67 acres.
Please see Exhibit No. 3.0 for wetland and OSW locations. The wetlands can generally be described as
cypress pine cabbage palm, with a portion of the site a previously cleared trail (748H). Additional wetland
descriptions are available in the ePermitting file. OSWs consist of previously existing on-site man-made
ponds. The project area is an existing wetland mitigation area for the Naples Heritage development (Permit
No. 11-01101-S).
Wetland and OSW Impacts
The project will result in 0.62 acres of direct wetland impacts for the proposed pedestrian trail and benches,
and less than 0.01 acres of work in OSW (on-site pond) for the proposed observation deck as described in
the Environmental Data Table. Exhibit No. 3.1 identifies the locations of the wetlands and OSW being
impacted. The proposed 5' wide trail is for pedestrians only, during daylight hours, and will connect to the
two existing man-made lakes within the conservation easement. A gate or bollard will be installed at the
entrance to the trail, with associated signage, to prevent unauthorized vehicular access except for
maintenance and emergency vehicles. The trail construction will involve the removal of approximately 60
trees and shrubs and the removal of some cypress knees within the trail footprint. The trail will be mowed
annually during the dry season. The wetland functional loss assessed for the trail is a partial loss, as
described in the Environmental Data Tables below.
Secondary Impacts
Due to the minor nature of the proposed footpath, and that it will remain at-grade and unpaved, contain
preserve and educational signage, restrict vehicular traffic and contain pet waste bins and associated
signage, no secondary wetland impacts were assessed along the trail itself. Minor secondary wetland
impacts (0.04 acres)were assessed for shading associated with the proposed observation deck.
Elimination and Reduction of Impacts
The applicant reduced wetland impacts pursuant to the criteria in Section 10.2.1, Vol. I. The original
contemplated trail was 1.81 miles long and 7' wide and included secondary trails, for a total potential
wetland impact of 1.54 acres of wetlands. The proposed trail was minimized to the current proposed plan
shown on Exhibit 3.1. The current trail alignment was chosen to minimize impacts to native trees and woody
vegetation to the extent practicable.
Offsite Mitigation
To offset the proposed direct and secondary wetland impacts, the applicant will purchase 0.19 freshwater
forested UMAM units from the Panther Island Mitigation Bank Expansion. The Letter of Reservation from the
mitigation bank is attached as Exhibit 3.3.
Cumulative Impact Analysis
The proposed mitigation is located within the same basin as the impacts, therefore pursuant to Section
10.2.8 of ERP AH Vol. I, the project will not result in unacceptable cumulative impacts to the West Collier
Drainage Basin.
Legal Issues
The existing recorded conservation easement for this portion of the Naples Heritage mitigation area does
not allow for passive recreational uses. Therefore, as part of this application, a conservation easement
amendment is proposed, to allow for passive recreational uses in the portions of the conservation easement
where the proposed pedestrian trail is located. The conservation easement document will be recorded in
accordance with the work schedule attached herein, and the Special Conditions of this permit. The recorded
conservation easement for the amendment area shall be in substantial conformance with the draft
conservation easement and legal description included as Exhibit No. 3.4.
Permit No: 11-109069-P, Page 5 of 18
Fish,Wildlife, and Listed Species
The wetlands and OSWs to be impacted provide potential habitat for wetland-dependent species including
wading birds, American alligator, red-cockaded woodpecker, Big Cypress fox squirrel, Florida bonneted bat,
Florida panther and Florida black bear, etc. Listed species issues were addressed in the original permits for
Naples Heritage. An updated listed species survey for this project was completed in June 2022, and no
state or federally listed species were observed. No aquatic or wetland-dependent listed species or species
having special protection were observed to be using the uplands within the project for nesting or denning.
The proposed passive recreational use of this portion of the conservation easement is not anticipated to
adversely affect wildlife species using the preserve.
This permit does not relieve the permittee from complying with all applicable rules and any other agencies'
requirements if, in the future, endangered or threatened species or species of special concern are
discovered on the site.
Permit No: 11-109069-P, Page 6 of 18
Environmental Evaluation Tables:
Summary
Wetlands and Other Surface 0.67 acres
Waters:
Direct Impacts: 0.63 acres
Secondary impacts: 0.04 acres
Net UMAM Functional Loss/ 0.01 units
Gain:
Total Onsite Mitigation Area: 0 acres
Total Offsite Mitigation Area: 0 acres
Total Mitigation Bank Credits Provided
Mitigation Bank Type Total
Credits
Panther Island FF 0.19
Expansion
Total: 0.19
Group 2
Activities in Wetlands or Other Surface Waters,Not Including Mitigation at a Bank
ID Acres Action Community Description Current Score With Project Score UMAM Loss
OSW 1 0.01 Direct Impact Lakes 0 0 0.000
Total: 0.01 0.000
Activities in Wetlands or Other Surface Waters,With Mitigation at a Bank
Community Current With Ratio or Minimum
ID Acres Description Bank Name Method Score Score Add'I factor Credits
Needed
D-624 0.54 Cypress- Pine - Panther Island UMAM 1 0.7 1 0.16
Cabbage Palm Expansion
D-748H 0.08 Cypress - Pine Panther Island UMAM 0.966 0.7 1 0.02
Cabbage Palm Expansion
S-624 0.04 Cypress- Pine Panther Island UMAM 1 0.966 1 0
Cabbage Palm Expansion
Total: 0.66
The mitigation requirement for this project has been rounded up to 0.19 units required.
Permit No: 11-109069-P, Page 7 of 18
Related Concerns:
Water Use Permit Status
The permittee has indicated that neither irrigation nor dewatering are required for this project.
This permit does not release the permittee from obtaining all necessary Water Use authorization(s) prior to
the commencement of activities which will require such authorization, including construction dewatering and
irrigation.
Water and Wastewater Service
N/A
Historical/Archaeological Resources
The District has received correspondence dated October 21, 2022 from the Florida Department of State,
Division of Historical Resources indicating that no significant archaeological or historical resources are
recorded on the project site; therefore, the project is unlikely to have an effect upon any such resources.
The agency requested a permit condition regarding unexpected discoveries during construction activities.
Please refer to General Condition No. 14.
This permit does not release the permittee from complying with any other agencies requirements in the
event that historical and/or archaeological resources are found on the site.
Permit No: 11-109069-P, Page 8 of 18
General Conditions for Individual Environmental Resource Permits, 62-330.350, F.A.C.
1. All activities shall be implemented following the plans, specifications and performance criteria approved
by this permit. Any deviations must be authorized in a permit modification in accordance with Rule
62-330.315, Florida Administrative Code (F.A.C.). Any deviations that are not so authorized shall subject
the permittee to enforcement action and revocation of the permit under Chapter 373, F.S.
2. A complete copy of this permit shall be kept at the work site of the permitted activity during the
construction phase, and shall be available for review at the work site upon request by the Agency staff.
The permittee shall require the contractor to review the complete permit prior to beginning construction.
3. Activities shall be conducted in a manner that does not cause or contribute to violations of state water
quality standards. Performance-based erosion and sediment control best management practices shall be
installed immediately prior to, and be maintained during and after construction as needed, to prevent
adverse impacts to the water resources and adjacent lands. Such practices shall be in accordance with
the "State of Florida Erosion and Sediment Control Designer and Reviewer Manual" (Florida Department
of Environmental Protection and Florida Department of Transportation June 2007), and the "Florida
Stormwater Erosion and Sedimentation Control Inspector's Manual" (Florida Department of
Environmental Protection, Nonpoint Source Management Section, Tallahassee, Florida, July 2008),
unless a project-specific erosion and sediment control plan is approved or other water quality control
measures are required as part of the permit.
4. At least 48 hours prior to beginning the authorized activities, the permittee shall submit to the Agency a
fully executed Form 62-330.350(1), "Construction Commencement Notice" indicating the expected start
and completion dates. If available, an Agency website that fulfills this notification requirement may be
used in lieu of the form.
5. Unless the permit is transferred under Rule 62-330.340, F.A.C., or transferred to an operating entity
under Rule 62-330.310, F.A.C., the permittee is liable to comply with the plans, terms and conditions of
the permit for the life of the project or activity.
6. Within 30 days after completing construction of the entire project, or any independent portion of the
project, the permittee shall provide the following to the Agency, as applicable:
a. For an individual, private single-family residential dwelling unit, duplex, triplex, or quadruplex-
"Construction Completion and Inspection Certification for Activities Associated With a Private Single-
Family Dwelling Unit"[Form 62-330.310(3)]; or
b. For all other activities-"As-Built Certification and Request for Conversion to Operational Phase" [Form
62-330.310(1)].
c. If available, an Agency website that fulfills this certification requirement may be used in lieu of the
form.
7. If the final operation and maintenance entity is a third party:
a. Prior to sales of any lot or unit served by the activity and within one year of permit issuance, or within
30 days of as- built certification, whichever comes first, the permittee shall submit, as applicable, a copy
of the operation and maintenance documents (see sections 12.3 thru 12.3.3 of Applicant's Handbook
Volume I) as filed with the Department of State, Division of Corporations and a copy of any easement,
plat, or deed restriction needed to operate or maintain the project, as recorded with the Clerk of the
Court in the County in which the activity is located.
b. Within 30 days of submittal of the as- built certification, the permittee shall submit "Request for
Transfer of Environmental Resource Permit to the Perpetual Operation Entity" [Form 62-330.310(2)] to
transfer the permit to the operation and maintenance entity, along with the documentation requested in
the form. If available, an Agency website that fulfills this transfer requirement may be used in lieu of the
form.
Permit No: 11-109069-P, Page 9 of 18
8. The permittee shall notify the Agency in writing of changes required by any other regulatory agency that
require changes to the permitted activity, and any required modification of this permit must be obtained
prior to implementing the changes.
9. This permit does not:
a. Convey to the permittee any property rights or privileges, or any other rights or privileges other than
those specified herein or in Chapter 62-330, F.A.C.;
b. Convey to the permittee or create in the permittee any interest in real property;
c. Relieve the permittee from the need to obtain and comply with any other required federal, state, and
local authorization, law, rule, or ordinance; or
d. Authorize any entrance upon or work on property that is not owned, held in easement, or controlled by
the permittee.
10. Prior to conducting any activities on state-owned submerged lands or other lands of the state, title to
which is vested in the Board of Trustees of the Internal Improvement Trust Fund, the permittee must
receive all necessary approvals and authorizations under Chapters 253 and 258, F.S. Written
authorization that requires formal execution by the Board of Trustees of the Internal Improvement Trust
Fund shall not be considered received until it has been fully executed.
11. The permittee shall hold and save the Agency harmless from any and all damages, claims, or liabilities
that may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment
or use of any project authorized by the permit.
12. The permittee shall notify the Agency in writing:
a. Immediately if any previously submitted information is discovered to be inaccurate; and
b. Within 30 days of any conveyance or division of ownership or control of the property or the system,
other than conveyance via a long-term lease, and the new owner shall request transfer of the permit in
accordance with Rule 62-330.340, F.A.C. This does not apply to the sale of lots or units in residential or
commercial subdivisions or condominiums where the stormwater management system has been
completed and converted to the operation phase.
13. Upon reasonable notice to the permittee, Agency staff with proper identification shall have permission
to enter, inspect, sample and test the project or activities to ensure conformity with the plans and
specifications authorized in the permit.
14. If any prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements,
dugout canoes, or any other physical remains that could be associated with Native American cultures,
or early colonial or American settlement are encountered at any time within the project site area, work
involving subsurface disturbance in the immediate vicinity of such discoveries shall cease. The
permittee or other designee shall contact the Florida Department of State, Division of Historical
Resources, Compliance and Review Section, at (850) 245-6333 or (800) 847-7278, as well as the
appropriate permitting agency office. Such subsurface work shall not resume without verbal or written
authorization from the Division of Historical Resources. If unmarked human remains are encountered,
all work shall stop immediately and notification shall be provided in accordance with Section 872.05,
F.S.
15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit
application, including plans or other supporting documentation, shall not be considered binding unless a
specific condition of this permit or a formal determination under Rule 62-330.201, F.A.C., provides
otherwise.
16. The permittee shall provide routine maintenance of all components of the stormwater management
system to remove trapped sediments and debris. Removed materials shall be disposed of in a landfill or
other uplands in a manner that does not require a permit under Chapter 62-330, F.A.C., or cause
Permit No: 11-109069-P, Page 10 of 18
violations of state water quality standards.
17. This permit is issued based on the applicant's submitted information that reasonably demonstrates that
adverse water resource-related impacts will not be caused by the completed permit activity. If any
adverse impacts result, the Agency will require the permittee to eliminate the cause, obtain any
necessary permit modification, and take any necessary corrective actions to resolve the adverse
impacts.
18. A Recorded Notice of Environmental Resource Permit may be recorded in the county public records in
accordance with subsection 62-330.090(7), F.A.C. Such notice is not an encumbrance upon the
property.
Permit No: 11-109069-P, Page 11 of 18
Special Conditions for Individual Environmental Resource Permits, 62-330.350, F.A.C.
1. The construction authorization for this permit shall expire on the date shown on page 3.
2. Operation and maintenance of the SWM system and conservation areas shall be the responsibility of
the Naples Heritage Community Development District. Upon completion of construction, a request for
transfer to the operating entity with supporting documentation must be submitted in accordance with
General Condition No. 7.
3. Prior to any future construction, the permittee shall apply for and receive an Individual ERP. As part of
the permit application, the applicant for that phase shall provide documentation verifying that the
proposed construction is consistent with the design of the master stormwater management system,
including the land use and site grading assumptions.
4. Prior to initiating construction activities associated with this ERP, the permittee is required to hold a pre-
construction meeting with field representatives, consultants, contractors, District Environmental
Resource Bureau (ERB) staff, and any other local government entities as necessary. The purpose of the
pre-construction meeting is to discuss construction methods, sequencing, best management practices,
identify work areas, staking and roping of preserves where applicable, and to facilitate coordination and
assistance amongst relevant parties. To schedule a pre-construction meeting, please contact ERB staff
from the Fort Myers Service Center at (239) 338-2929 or via e-mail at: precon@sfwmd.gov. When
sending a request for a pre-construction meeting, please include the application number, permit number,
and contact name and phone number.
5. This permit does not authorize the permittee to cause any adverse impact to or "take" of state listed
species and other regulated species of fish and wildlife. Compliance with state laws regulating the take
of fish and wildlife is the responsibility of the owner or permitee associated with this project. Please refer
to Chapter 68A-27, F.A.C. for definitions of"take" and a list of fish and wildlife species. If listed species
are observed onsite, FWC staff are available to provide decision support information or assist in
obtaining the appropriate FWC permits. Most marine endangered and threatened species are statutorily
protected and a "take" permit cannot be issued. Requests for further information or review can be sent
to: FWCConservationPlanningServices@MyFWC.com.
6. Prior to commencement of construction and in accordance with the work schedule herein, the permittee
shall submit the following via ePermitting or to the ERB staff at the local District office: -a. -One certified
copy of the recorded AMENDED conservation easement document including exhibits. -b. A map
depicting the Conservation Easement over the best available satellite or aerial imagery. The recorded
AMENDED easement shall utilize the form attached as Exhibit No. 3.4. This Exhibit may not be
modified. The easement must be free of mortgages, liens, easements or other encumbrances or
interests in the easement which District staff states are contrary to the intent of the easement. In the
event it is later determined that there are encumbrances or interests in the easement which the District
determines are contrary to the intent of the easement, the permittee shall be required to provide release
or subordination of such encumbrances or interests.
7. In addition to the proposed preserve signs and informational signs that will be installed in accordance
with Exhibit 3.1, the permittee shall install a gate or bollard at the entrance to the trail which will prevent
unauthorized vehicular access. Signage will be posted at the gate indicating that vehicles are not
allowed. The 5'wide trail is for foot traffic only, from dawn to dusk.
Permit No: 11-109069-P, Page 12 of 18
Use of vehicles on the trail is limited to trail maintenance activities and emergency vehicles. Vegetation
within the trail will be mowed annually during the dry season, and all cut woody vegetation within the trail
will be removed from the preserve.
Pet waste bins shall be provided along the trail, along with signage alerting residents to keep dogs on a
leash and to place pet waste in the appropriate receptacle, to reduce wildlife and water quality impacts
to the conservation area.
8. The District reserves the right to require remedial measures to be taken by the permittee if monitoring or
other information demonstrates that adverse impacts to onsite or offsite wetlands, upland conservation
areas or buffers, or OSWs have occurred due to project related activities.
9. Prior to commencement of construction, and in accordance with the work schedule herein, the permittee
shall submit documentation from the Panther Island Mitigation Bank Expansion that 0.19 freshwater
forested credits for this project have been paid for in full and deducted from the Mitigation Bank's official
agency ledger.
Permit No: 11-109069-P, Page 13 of 18
Project Work Schedule for Permit No. 11-109069-P
The following activities are requirements of this Permit and shall be completed in accordance with the
Project Work Schedule below. Please refer to General Conditions, Special Conditions and/or Specific
Conditions for more information. Any deviation from these time frames will require prior approval from the
District's Environmental Resources Bureau and may require a modification to this permit. Such requests
must be made in writing and shall include: (1) reason for the change, (2) proposed start/finish and/or
completion dates, and (3) progress report on the status of the project.
Condition No. Date Added Description (Application Number) Due Date Date
Satisfied
GC 7 05/28/2024 Submit Operation Transfer Request 01/14/2024 05/09/2024
GC 4 05/28/2024 Construction Commencement Notice Prior to 11/08/2023
Construction
SC 9 05/28/2024 Submit Mitigation Bank Ledger 11/05/2023 04/23/2024
Documentation
SC 6 05/28/2024 Submit Recorded Conservation Easement Prior to 11/03/2023
Amendment Construction
SC 4 05/28/2024 Pre-Construction Meeting Prior to 11/07/2023
Construction
GC= General Condition
SC= Special Condition
Permit No: 11-109069-P, Page 14 of 18
Distribution List
Dan Underhill, Dexbender
Tim Richards, Naples Heritage Golf& Country Club Inc.
Audubon of Florida
Div of Recreation and Park- District 4
US Army Corps of Engineers - Permit Section
Permit No: 11-109069-P, Page 15 of 18
Exhibits
The following exhibits to this permit are incorporated by reference. The exhibits can be viewed by clicking
on the links below or by visiting the Districts ePermitting website at http://my.sfwmd.gov/ePermittinq and
searching under this application number 240509-43741.
Exhibit No. 1.0 Location Map
Exhibit No. 3.0 FLUCCS Map
Exhibit No. 3.1 Wetland/OSW Impact Map
Exhibit No. 3.2 UMAM Analysis
Exhibit No. 3.3 Letter of Reservation
Exhibit No. 3.4 CE Amendment
Exhibit No. 4.0 CDD Operation Documents
Permit No: 11-109069-P, Page 16 of 18
NOTICE OF RIGHTS
As required by Chapter 120, Florida Statutes, the following provides notice of the opportunities which may
be available for administrative hearing pursuant to Sections 120.569 and 120.57, Florida Statutes, or judicial
review pursuant to Section 120.68, Florida Statutes, when the substantial interests of a party are determined
by an agency. Please note that this Notice of Rights is not intended to provide legal advice. Some of the
legal proceedings detailed below may not be applicable or appropriate for your situation. You may wish to
consult an attorney regarding your legal rights.
RIGHT TO REQUEST ADMINISTRATIVE HEARING
A person whose substantial interests are or may be affected by the South Florida Water Management
District's (District) action has the right to request an administrative hearing on that action pursuant to
Sections 120.569 and 120.57, Florida Statutes. Persons seeking a hearing on a District decision which
affects or may affect their substantial interests shall file a petition for hearing in accordance with the filing
instructions set forth herein within 21 days of receipt of written notice of the decision unless one of the
following shorter time periods apply: (1) within 14 days of the notice of consolidated intent to grant or deny
concurrently reviewed applications for environmental resource permits and use of sovereign submerged
lands pursuant to Section 373.427, Florida Statutes; or (2) within 14 days of service of an Administrative
Order pursuant to Section 373.119(1), Florida Statutes. "Receipt of written notice of agency decision"
means receipt of written notice through mail, electronic mail, posting, or publication that the District has
taken or intends to take final agency action. Any person who receives written notice of a District decision
and fails to file a written request for hearing within the timeframe described above waives the right to
request a hearing on that decision.
If the District takes final agency action that materially differs from the noticed intended agency decision,
persons who may be substantially affected shall, unless otherwise provided by law, have an additional point
of entry pursuant to Rule 28-106.111, Florida Administrative Code.
Any person to whom an emergency order is directed pursuant to Section 373.119(2), Florida Statutes, shall
comply therewith immediately, but on petition to the board shall be afforded a hearing as soon as possible.
A person may file a request for an extension of time for filing a petition. The District may grant the request
for good cause. Requests for extension of time must be filed with the District prior to the deadline for filing a
petition for hearing. Such requests for extension shall contain a certificate that the moving party has
consulted with all other parties concerning the extension and whether the District and any other parties
agree to or oppose the extension. A timely request for an extension of time shall toll the running of the time
period for filing a petition until the request is acted upon.
FILING INSTRUCTIONS
A petition for administrative hearing must be filed with the Office of the District Clerk. Filings with the Office
of the District Clerk may be made by mail, hand-delivery, or e-mail. Filings by facsimile will not be
accepted. A petition for administrative hearing or other document is deemed filed upon receipt during
normal business hours by the Office of the District Clerk at the District's headquarters in West Palm Beach,
Florida. The District's normal business hours are 8:00 a.m. — 5:00 p.m., excluding weekends and District
holidays. Any document received by the Office of the District Clerk after 5:00 p.m. shall be deemed filed as
of 8:00 a.m. on the next regular business day.
Additional filing instructions are as follows:
• Filings by mail must be addressed to the Office of the District Clerk, 3301 Gun Club Road, West Palm
Beach, Florida 33406.
Rev 1116/20 1 Permit No: 11-109069-P, Page 17 of 18
• Filings by hand-delivery must be delivered to the Office of the District Clerk. Delivery of a petition to the
District's security desk does not constitute filing. It will be necessary to request that the District's
security officer contact the Office of the District Clerk. An employee of the District's Clerk's office will
receive and process the petition.
• Filings by e-mail must be transmitted to the Office of the District Clerk at clerk@sfwmd.gov. The filing
date for a document transmitted by electronic mail shall be the date the Office of the District Clerk
receives the complete document.
INITIATION OF ADMINISTRATIVE HEARING
Pursuant to Sections 120.54(5)(b)4. and 120.569(2)(c), Florida Statutes, and Rules 28-106.201 and
28-106.301, Florida Administrative Code, initiation of an administrative hearing shall be made by written
petition to the District in legible form and on 8 1/2 by 11 inch white paper. All petitions shall contain:
1. Identification of the action being contested, including the permit number, application number, District file
number or any other District identification number, if known.
2. The name, address, any email address, any facsimile number, and telephone number of the petitioner,
petitioner's attorney or qualified representative, if any.
3. An explanation of how the petitioner's substantial interests will be affected by the agency determination.
4. A statement of when and how the petitioner received notice of the District's decision.
5. A statement of all disputed issues of material fact. If there are none, the petition must so indicate.
6. A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends
warrant reversal or modification of the District's proposed action.
7. A statement of the specific rules or statutes the petitioner contends require reversal or modification of
the District's proposed action.
8. If disputed issues of material fact exist, the statement must also include an explanation of how the
alleged facts relate to the specific rules or statutes.
9. A statement of the relief sought by the petitioner, stating precisely the action the petitioner wishes the
District to take with respect to the District's proposed action.
MEDIATION
The procedures for pursuing mediation are set forth in Section 120.573, Florida Statutes, and Rules
28-106.111 and 28-106.401—.405, Florida Administrative Code. The District is not proposing mediation for
this agency action under Section 120.573, Florida Statutes, at this time.
RIGHT TO SEEK JUDICIAL REVIEW
Pursuant to Section 120.68, Florida Statutes, and in accordance with Florida Rule of Appellate Procedure
9.110, a party who is adversely affected by final District action may seek judicial review of the District's final
decision by filing a notice of appeal with the Office of the District Clerk in accordance with the filing
instructions set forth herein within 30 days of rendition of the order to be reviewed, and by filing a copy of
the notice with the appropriate district court of appeals via the Florida Courts E-Filing Portal.
Rev. 1/16r20 2 Permit No: 11-109069-P, Page 18 of 18