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Backup Documents 02/11/2025 Item #16I 16 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE February 11, 2025 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. DISTRICTS: 1) Heritage Bay Community Development District: 11/07/2024 Agency Memo, Signed Minutes, & Agency Mailing 2) Naples Heritage Community Development District: 11/05/2024 Agency Memo, Signed Minutes, & Agency Mailing Heritage Bay Community Development District i b � 1 A 1 Inframark, Community Management Services 11555 Heron Bay Boulevard, Suite 201, Coral Springs, Florida 33076 Tel. (954) 282-0070 DATE: January 6, 2025 TO: Mr. Derek Johnssen CLERK OF THE CIRCUIT COURT Finance Department Derek.johnssen@collierclerk.com FROM: Janice Swade Lead District Administrative Assistant RE: Minutes of the November 7, 2024 Meeting, as Approved at the December 5, 2024 Meeting Enclosed for your records is a copy of the minutes and corresponding attachments from the above referenced meeting of the Heritage Bay Community Development District, which are to be kept on file for public access. Enclosure Cc: Mr. Gregory Urbancic gurbancic@cyklawfirm.com Tustin.faircloth@inframark.com 16I1A1 MINUTES OF MEETING HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of the Heritage Bay Community Development District was held Thursday, November 7, 2024 at 9:00 a.m. at the Heritage Bay Clubhouse, located at 10154 Heritage Bay Boulevard,Naples, Florida 34120. Present and constituting a quorum were: Edwin Hubbard Chairperson F. Jack Arcurie Vice Chairperson Stephen Bachenberg Assistant Secretary Amen Soucie Assistant Secretary Also present were: Justin Faircloth District Manager Mark Vega Regional Director, Inframark(Remotely) Albert Lopez District Engineer(Remotely) Bailey Hill SOLitude Lake Management Mason Maher SOLitude Lake Management Various Residents Following is a summary of the discussions and actions taken. FIRST ORDER OF BUSINESS Call to Order/Roll Call Mr. Faircloth called the meeting to order, and called the roll.A quorum was established. SECOND ORDER OF BUSINESS Approval of Agenda The following amendment was requested by Mr. Hubbard: • Item 9B. Single Family Pool Washout Concern. On MOTION by Mr.Arcurie, seconded by Mr. Bachenberg,with all in favor,the Agenda for the Meeting was approved, as amended. (4- 0) 1611A1 November 7, 2024 Meeting Heritage Bay CDD THIRD ORDER OF BUSINESS Public Comments on Agenda Items There being no public comments, the next order of business followed. FOURTH ORDER OF BUSINESS Organizational Matters A. Oath of Office for Newly Elected Supervisors Via General Election for Seats 1 & 2 Mr. Faircloth, a Notary Public of the State of Florida, administered the Oath of Office to Mr Hubbard in Seat 1 and Mr. Arcvrie in Seat 2. B. Consideration of Resolution 2025-01 —Election of Officers • Mr.Arcurie nominated Mr. Hubbard to serve as Chairperson. • Mr. Soucie nominated Mr.Arcurie to serve as Vice Chairperson. On MOTION by Mr. Arcurie, seconded by Mr. Soucie, with all in favor, Resolution 2025-01, Electing Officers of the District, with Mr. Hubbard as Chairperson, Mr.Arcurie as Vice Chairperson, Mr. Faircloth as Secretary, Ms. Popelka as Treasurer, Ms. Montagna as Assistant Treasurer, and Mr. Bachenberg and Mr. Soucie as Assistant Secretaries, was adopted. (4-0) TENTH ORDER OF BUSINESS Manager's Report G. Inframark Field Management Services Discussion The Board was in agreement to address the item at this time. • Mr. Vega provided an update and noted that Mr. Faircloth would serve in the role as the Field Manager for the District. The Board thanked Mr. Vega for the update and noted they were in favor of the decision. FIFTH ORDER OF BUSINESS Engineer's Report A. September Water Quality Monitoring Review—September 3 & 4 Mr. Lopez reviewed the report with the Board. • Mr. Soucie commented on the report, and inquired whether CPH could spread out the D.O. samplings in future reports. • The Board requested staff review Lake 15 closely during the next quarterly report on November 14, 2024, and notate any observations. SIXTH ORDER OF BUSINESS SOLitude Lake Management A. Monthly Inspections & Service Reports The reports were presented for review by the Board. 2 1611A1 November 7, 2024 Meeting Heritage Bay CDD Ms. Hill distrib'Aed her monthly report and reviewed it with the Board. • Ms. Hi" noted she was being promoted, and her position will be replaced in the near future, but she v.'as remaining with the company should she be needed for any reason. B. Progress in the Control of Torpedo Grass • Discussion ensued, with it being noted work was still needed, but great improvement had been made. C. Removal of all Cali:ornia Willow in Lake 4 Littoral Shelf—Northwest Corner • Ms. Hill noted the water levels need to decrease before the work is completed.They were hoping the work could be done in November, but it may have to be done in December or later. D, Lake 1F Proposal • Mr. Hubbard requested SOLitude provide a written plan at the December meeting for addressing concerns with Lake 19 going forward. SEVENTH ORDER OF BUSINESS Legal Update A. Update on Potential to Challenge FEMA Ruling Precluding Return of Funds From hurricane Irma O Mr. Faircloth reviewed the response from Mr. Ettore. The Board was in agreement for staff to seek recommendations for next steps, while also inquiring about costs and the possibility for a successful outcome. EIGHTH ORDER OF BUSINESS Old Business A. Joint CDD & Club Projects for Summer 2024 i. Lake 1 —North Bank • Mr. Hubbard updated the Board on the progress of work. ii. Rebuild of CS-102 Retention Area Q Mr. Hubbard updated the Board on the project. B. Club Plans for Control of Fluff Elevation on a Regular Basis • Mr. Hubbard noted the item remained an open item with the Club. C. Lake 7 West Bank Washout—Satellite Pool Area D. Club Pools Discharge of Water—Collier County Dewatering Protocol These items were covered earlier in the meeting. 3 16I1A1 November 7, 2024 Meeting Heritage Bay CDD E. Infrastructure & Facilities Management Report i. Potential Projects for Consideration —Summer 2025 On MOTION by Mr. Hubbard, seconded by Mr. Soucie, with all in favor,the Proposal from CSEI in the amount of$14,575 for Lake 23 work was approved. 1 4-0) • The Board requested staff obtain a proposal from CSEI for the repair and build-up of the north bank of Lake 18. F. Adherence to HB 7013 — Special Districts' Performance Measures & Standards The report was provided for review by the Board. • Mr. Faircloth noted it would be posted to the website as required next year before the December 1, 2025 deadline. NINTH ORDER OF BUSINESS New Business A. Presentation of 3rd Quarter Website Audit Report The report was presented to the Board for review. B. Single Family Pool Washout Concern • Mr. Hubbard discussed next steps regarding issues with a single family pool. The Board was in agreement with the chairman sending a letter to the homeowner. TENTH ORDER OF BUSINESS Manager's Report(Continued) A. Approval of the Minutes of the September 5,2024 Meeting Mr. Faircloth presented the Minutes of the September 5, 2024 Meeting, and requested any additions, corrections or deletions. There being none, On MOTION by Mr. Hubbard, seconded by Mr.Arcurie, with all in favor, the Minutes of the September 5, 2024 Meeting were approved, as presented. (4-0) B. Acceptance of Financial Report as of September 30, 2024 There being no comments or questions, On MOTION by Mr.Arcurie, seconded by Mr. Bachenberg,with all in favor, the Financial Report as of September 30, 2024 was approved, as presented. (4-0) 4 1611A1 November 7, 2024 Meeting Heritage Bay CDD i. District Manager Summary Report of All Expenditures to Date — Surface Wat'r Management System • Mr. Faircloth noted the report was not in the agenda package, however, there was no change in the report from the last distribution. C. Motion to Assign Fund Balance There being no comments or questions, On MG i ION by Mr.Arcurie, seconded by Mr. Bachenberg,with all in favor. the Motion to Assign Fund Balance was approved. (4-0) D. Consideration of Fiscal Year 2024 Audit Engagement Letter There being no comments or questions, On MOTION by Mr. Arcurie, seconded by Mr. Soucie, with all in favor, the Audit Engagement Letter with Grau &Associates, or the Fiscal Year Ended September 30, 2024, was approved. (4-0) E. Field Manager& Supervisors'Quarterly Report—November 14,2024 • Mr. Faircloth noted the inspection was set for the following week, and all participants had confirmed their attendance. F. Report&Discussio:a of Action Items on District Manager's September 5,2024 "Open Items" Report Mr. Faircloth reviewed the Action Items List with the Board. ELEVENTH ORDER OF BUSINESS Supervisor Comments • Mr. Soucie commented on the water quality report by CPH, and the need for possible additional D.O. sample sites. TWELFTH ORDER OF BUSINESS Chairperson Comments • Mr.Hubbard updated the Board on homeowner drainage developments on Lake 15. THIRTEENTH ORDER OF BUSINESS Audience Comments There being no comments from the audience, the Eleventh Order of Business continued. ELEVENTH ORDER OF BUSINESS Supervisor Comments • The Board requested staff obtain a PDF of the District's lakes that would have a diagram of each lake individually on an 8 1/2"x 11" sheet for their use during future inspections for observations. 5 1611A1 November 7, 2024 Meeting Heritage Bay CDD FOURTEENTH ORDER OF BUSINESS Adjournment There being no further business, On MOTION by Mr.Hubbard, seconded by Mr.Arcurie,with all in favor,the meeting was adjourned at 11:15 a.m. (4-0) Edwin Hubbard Chairperson 6 Heritage Bay Community Development District 16 I 1 A 1 Board of Supervisors District Staff ❑ Edwin Hubbard, Chairperson oJustin Faircloth, District Manager ❑ F. Jack Arcurie, Vice Chairperson o Gregory Urbancic, District Counsel ❑ Vacant, Assistant Secretary o Jeffrey Satfield, District Engineer ❑ Steven Bachenberg, Assistant Secretary ❑ Allen Soucie, Assistant Secretary REVISED Regular Meeting Agenda Thursday,November 7, 2024—9:00 a.m. 1. Call to Order/Roll Call 2. Approval of Agenda 3. Public Comments on Agenda Items 4. Organizational Matters A. Oath of Offices for Newly Elected Supervisors Via General Election for Seats 1 & 2 B. Consideration of Resolution 2025-01 —Election of Officers 5. Engineer's Report A. September Water Quality Monitoring Review—September 3 &4 6. SOLitude Lake Management A. Monthly Inspections & Service Reports B. Progress in the Control of Torpedo Grass C. Removal of all Carolina Willow in Lake 4 Littoral Shelf—Northwest Corner D. Lake 19 Proposal 7. Legal Update A. Update on Potential to Challenge FEMA Ruling Precluding Return of Funds from Hurricane Irma 8. Old Business A. Joint CDD & Club Projects for Summer 2024 i. Lake 1 —North Bank ii. Rebuild of CS-102 Retention Area B. Club Plans for Control of Fluff Elevation on a Regular Basis C. Lake 7 West Bank Washout—Satellite Pool Area D. Club Pools Discharge of Water—Collier County Dewatering Protocol E. Infrastructure & Facilities Management Report i. Potential Projects for Consideration—Summer 2025 F. Adherence to HB 7013 —Special Districts' Performance Measures & Standards 9. New Business A. Presentation of 3rd Quarter Website Audit Report B. Single Family Pool Washout Concern District Office: Meeting Location: Inframark,Community Management Services Heritage Bay Clubhouse 210 North University Drive,Suite 702 10154 Heritage Bay Boulevard Coral Springs,Florida 33071 Naples,Florida 34120 (954)603-0033 (239)353-7056 www.heritagebaycdd.com 11 Al Heritage Bay CDD November 7, 2024 REVISED Agenda Page 2 10. Manager's Report A. Approval of the Minutes of the September 5, 2024 Meeting B. Acceptance of Financial Report as of September 30, 2024 i. District Manager Summary Report of All Expenditures to Date—Surface Water Management System C. Motion to Assign Fund Balance D. Consideration of Fiscal Year 2024 Audit Engagement Letter E. Field Manager& Supervisors' Quarterly Report—November 14, 2024 F. Review& Discussion of Action Items on District Manager's September 5, 2024 "Open Items" Report G. Inframark Field Management Services Discussion 11. Supervisor Comments 12. Chairperson Comments 13. Audience Comments 14. Adjournment The next CDD Meeting is scheduled to be held Thursday, December 5, 2024 at 9:00 a.m. District Office: Meeting Location: Inframark,Community Management Services Heritage Bay Clubhouse 210 North University Drive,Suite 702 10154 Heritage Bay Boulevard Coral Springs,Florida 33071 Naples,Florida 34120 (954)603-0033 (239)353-7056 www.heritagebavcdd.com 1611A1 N N W (� a,a C<NNN V V a1 al a, N ' a,L- N.- >a, > T NO^Oa,NL Z F �O�N��L Oi L au0 .O~a O�V W�i0�' a OL 'LCOO�VLa_�at�L NOS Of L.CU • 2 ma oawc > >a ag E d O°$,`u_ E- moEa� m�v° u+ nY L f >rnb ° o o ao3uc._>� n E Zv . E E�"w N a i 1 m W Np`rNZ�E o a n `o°+coup c�Eo°a E N o ° ¢«oaf TSa$°'_ am'"a "�°c3 e< d o° v w N m �uv°Oro v NwNOPO dam^ LQu$u'$ ,adiEc o o> c`a W * QO .6z=283Oec v aa, ? c o°•_ 2227° £ ��,.o yang" a EL oo� Nv•;NayV°� L. �w J `oa° m ill c`oc c ac ouy aoo orn_a� uo` ° aN cE.c w CI^ vuh,•;1voy oty 11 v H m c•-LLw2Et.,2 oL � 1,110 !s,E ygi17 2 � cficE uN - J5'w>-$Eo>v�E-oy tc m m a LI E V! v oo0yFia aV c is %.;1 _ -ac w �m45•_o c.2 pU�W L- OC7- C w- V F C � O�OaN E C �� M O,N EO-va,FiN O Nt�1p '06 aVVl p9'Op (7W¢0, 0_UT(n N•r .= % O N i?COON gOp c�i o rn2ig Ltar L2 2 a0aL0._� 13 W F y V._u,o mo„rr'.,n c i u o oa.~°n>i~ yo aia.m ;_��-�«>ornEnuv °`c °aioc E> __}_ 3._m $+N OONN w a, N ac•N> Ca0 OI aa.- CCOCH aVO01r-._C VLNr aa,N OI OLa, Q .Ua'H00 LL >" C� NNO - y _N VO 6 CD ._> m._ - O'� C Ow 3Ya L> O, y oU yai` OgN ONv1`, 'n - < Ny>O2 y¢C0001N CaO L _ _ CV`.a�8- < LA WZ Om.-ONI�u1N p `nN m « a LOO V`�Ca�N^a_G.V Oa �,E•mow OnN No C ,> _VL O T >i> O J >VO 20> OO r 22).a`Cav O = 6 0 a ONNNN ON T y C LLL _a LaYt C C 6 a0 <=c NN. Ta,Mp, NT NO N �aoacvcoV-a« 22ar2t-'L,� ,, Oat- tw=� 01aCTya, N W < m�0CN0 -u a2 a",. �>O'cad-OmEyL%° COE NNO�\COOC3 ad &22 ~ .u.3i°cr:a C4LL< o =ov asEEaaL ,- 02 EcE LE` ac D'�> as . ° , CCaVaL wcs—s-g ttw°a uco , O •-cw _ LLowwa i->u >>w 3L a' aio°oNN�C�U,N._ oom-a `O ooLaa �,,E c'« , O U L`ymwa,`y°t=uoau,aw°aa ' >yaa,tc=ct°a«uouw c-8-<-moc: vocm, 0. co °c,aN.'muNNa 2 ,i EE�2LLH 30Z0—,LL*¢*-,¢-,¢y2F-a3UNE>°uvo__‹_O�„, . ,'Oa°av°oNG.�T6Nc0�<W O:��oaci n:_'uai�Ou°1i 1611A1 1 OATH OF OFFICE (Art. II. § 5(b),Fla. Const.) Ei STATE OF FLORIDA County of (©Li-1 r i l I do solemnly swear (or affirm) that I will support, protect, and defend the Constitution and Government of the United States and of the State of Florida; that I am duly qualified to hold office under the Constitution of the State, and that I will well and faithfully perform the duties of t�.O t,u t N . u ileak,r) 1-6ea rime- 6W cm Si rAv1c car Ste- ( 1 (Full Name of Office-Abbreviations Not Accepted) ` I on which I am now about to enter, so help me God. [NOTE: If you affirm, you may omit the w elp me God."See § 92.52,Fla. Stat.] 1 1---,- Signature (Affix Seal Below) Sworn to and subscribed before me by means of physical presence Or online notarization this 2 day of ,/1 i r„r. -�P'' , 20 Le--1. „e Si tuff ,forcer Administering Oath or of Notary Public JUSTIN T.FAIRd oTH 1 a ' i.„1,,,A,,i,_ I, ,' y,� 3MO6 Print, Type, or Stamp Commissioned Name of Notary Public ••-.$4 WIRES:March . 1. - Personally Knowior Produced Identification D Type of Identification Produced ACCEPTANCE I accept the office listed in the above Oath of Office. Mailing Address: Home El Office El 1 O ZG 3 �i 2 6A'•1 Cr 63w IN, N 4.4J(1& ytb Street or Post Office Box Print Na 14( t I t. 3�112 C ---, G----r— City, State,Zip Code Signature DS-DE 56(Rev.09/23) 1611A1 RESOLUTION 2025-01 A RESOLUTION ELECTING OFFICERS OF HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT WHEREAS, the Board of Supervisors of Heritage Bay Community Development District at a regular business meeting, held on November 7, 2024, following the General Election desires to elect the below recited persons to the offices specified. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT: 1. The following persons were elected to the offices shown, to wit: Chairperson � �Gv Vice Chairperson Justin Faircloth Secretary Leah Popelka Treasurer Angel Montagna Assistant Treasurer 15 .WY.A ANt airt " Assistant Secretary Assistant Secretary Assistant Secretary PASSED AND ADOPTED THIS, 7th DAY OF NOVEMBER 2024. Chairperson s 7/) J Faircloth retary 1611A1 OATH OF OFFICE (Art.H.§5(b),Fla.Const.) STATE OF FLORIDA County of o tl e.e.fL I do solemnly swear (or affirm) that I will support, protect, and defend the Constitution and Government of the United States and of the State of Florida; that I am duly qualified to hold office under the Constitution of the State, and that I will well and faithfully perform the duties of F'tz. /fi r - Cops A ,�� $,gat )— (Full Name of Office—Alireviations 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.] . 1 k Signature (Affix Seal Below) Sworn to and subscribed before me by means of physical presence Or online notarization this `'.2 day of Ni► '&' , 20 y. 410f -7(9 y M1NT.FAIRCIOTH Si' re of Officer Administering Oath or of Notary Public i ;• :•= 1,1Y OONNI$$tON N HH 388068 r S:Mutn 1,2027 c7v ? •� - Tat--''��.�� Print, Type, or Stamp Commissioned Name of Notary Public Personally Known or Produced Identification Type of Identification Produced ACCEPTANCE I accept the office listed in the above Oath of Office. Mailing Address: Home Office ID !° b l-f eR„r` et ,¢. zaz e tJ /-re-L.24.a Street or Post Office Box Print Name City,,Zip Code Signature DS-DE 56(Rev.09/23) I611A1 L.- O. E �; o 0. o o ..c o o i ° Q, $ ° ° o E . 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Q H ._ J w ' ° +' ■�■�■ Z >— 'j cn I-- cr) z mm�� U 1..1.1 w� C cn "n p IIIIIMINIMIIIIIIIMIMIN - a V Z U INIMIIIMEMMIIIMINI - 0 co CC MIIIIIIIMIIIIIMMINI - w --11111111111111 Ui C7 o j lt, o . �� (V z = J 11111111111111MIMMIIIMINIII z 0 z n M Qj O V 5 �j N O �� To U f9 ..c OL O N cn 0 w O m I § § § g g § Q 142 O u ,_+ p Service Report 161141 SQLITUDE LAKE MANAGEMENT Account Heritage Bay CDD Work Order 00692963 Contact Justin Faircloth Work Order 00692963 Address 10154 Heritage Bay Blvd. Number Naples,FL 34120 United States Created Date 9/27/2024 Work Details Specialist Treated lake 19 for algae and submerged Prepared By MASON MAHER Comments to vegetation.Water level high.Fish and birds Customer observed.Thank you for your business. Specialist State License Number Work Order Assets Asset Status Product Work Type Heritage Bay CDD-Lake-All Treated Service Parameters Asset Product Work Type Specialist Comments to Customer Heritage Bay CDD-Lake-AII TRASH/DEBRIS COLLECTION(IN HOUSE) Heritage Bay CDD-Lake-All SHORELINE WEED CONTROL Heritage Bay CDD-Lake-All LAKE WEED CONTROL Heritage Bay CDD-Lake-All ALGAE CONTROL Heritage Bay CDD-Lake-All Service Report 1611A1 SQLITUDE LAKE MANAGEMENT Account Heritage Bay CDD Work Order 00708766 Contact Justin Faircloth Work Order 00708766 Address 10154 Heritage Bay Blvd. Number Naples,FL 34120 United States Created Date 10/8/2024 Work Details Specialist Inspected all lakes before the hurricane hits. Prepared By EGGY SUAREZ Comments to Water level very high.We will be visiting after to Customer check and solve any problems related to the lakes.Stay safe. Work Order Assets Asset Status Product Work Type Heritage Bay COD-Lake-All Inspected Service Parameters Asset Product Work Type Specialist Comments to Customer Heritage Bay CDD-lake-All TRASH I DEBRIS COLLECTION(IN HOUSE) Heritage Bay CDD-Lake-All SHORELINE WEED CONTROL Heritage Bay CDD-Lake-All LAKE WEED CONTROL Heritage Bay CDD-Lake-All ALGAE CONTROL Heritage Bay COD-Lake-All 1611Al Service Report SQLITUDE LAKE MANAGEMENT Account Heritage Bay CDD Work Order 00711515 Contact Justin Faircloth Work Order 00711515 Address 10154 Heritage Bay Blvd. Number Naples,FL 34120 United States Created Date 10/3/2024 Work Details Specialist Treated lakes 26,27 and 6 for algae,floating Prepared By EGGY SUAREZ Comments to and submerged vegetation.Water level Customer dropping.Fish and birds observed.Thank you for your business. Work Order Assets Asset Status Product Work Type Heritage Bay CDD-Wetland-All Treated Service Parameters Asset Product Work Type Specialist Comments to Customer Heritage Bay CDD-Wetland-All INVASIVES CONTROL Heritage Bay CDD-Wetland-All TRASH/DEBRIS COLLECTION(IN HOUSE) Heritage Bay CDD-Wetland-All SHORELINE WEED CONTROL Heritage Bay CDD-Wetland-All Service Report 1 6 1 1 A 1 SQLITUDE LAKE MANAGEMENT Account Heritage Bay CDD Work Order 00711878 Contact Justin Faircloth Work Order 00711878 Address 10154 Heritage Bay Blvd. Number Naples,FL 34120 United States Created Date 10/29/2024 Work Details Specialist Inspected all lakes for grasses,algae and Prepared By MASON MAHER Comments to aquatic plants.Treated lake 6 foe algae and Customer submerged vegetation.Water level high.Fish, birds and alligators observed.Thank you for your business. Specialist State License Number Work Order Assets Asset Status Product Work Type Heritage Bay CDD-Lake-All Treated Service Parameters Asset Product Work Type Specialist Comments to Customer Heritage Bay CDD-Lake-Alt TRASH/DEBRIS COLLECTION(IN HOUSE) Heritage Bay CDD-Lake-All SHORELINE WEED CONTROL Heritage Bay CDD-Lake-All LAKE WEED CONTROL Heritage Bay CDD-Lake-All ALGAE CONTROL Heritage Bay CDD-Lake-AII 1611A1 HERITAGE BAY CDD LAKES INSPECTION REPORT Below are my observations on Friday, October 25, 2024. Lake 1—No issues. Lake 2—No issues. Lake 3-Algae observed around the perimeter.Algae appears to be from new growth of submersed vegetation, chara. i, t.4;(41.:e. ' '1 • .,.:.:,..4.• .. ):.14), b. . . 'N:.Is,f,t;:.0 ,.. i IP ic.• y �t �. . �h- t ,y ySr 111 1 i .:c I' , - r 14 % �,, L'! ,.vim `• �.i y. a '. 11: ;. dr October 25, 2024 Page 1 16 I 1 Al Lake 4—New growth limnophila observed in the eastern corner. Chara observed as well. A single cattail was observed along the shoreline. Att..‘,‘•\`‘.1.114 1V' , 1 . t , r I. i ' • ' ' 4 .!. of',t , ',,,,,, v i • i 1 ' ! ;, - , ' ' , , ',.: ..',,C %.41 fi -,‘,',., ., , , , ,f. kJ i'je• ,,./ „ , .4 ,..,,,. ' ',, i ' ' ''''N ' ' I. '4;"7 "-)l '.--1.0;,'• ' 'it.•• • \ti\ ...` ..._' • • ... - '".-.4 " -.... -- ., • .,... * ..:41'‘,.. ''.1*. . 43114f '4'•t: .^--- -. • ..• . -. ' . • .2'-",- '' 41 1II- P IE ,.. • st la "-• t• .•AO - • • .. , .0-*- 116:4 ilf le,* - ' • . , . • 1' . -" • ' r i ' • ' • r•., . •''•• . . ...'..- :- ..• • '- •• -o • • ‘`t • , , • w ."" 7. - — ,•-., . '. ----- ., • , t\i',.c• iit., , , \ irk,l ) • ','•; ';1 cb 1'•' 4 'li J , ; it )1. - . , -., 4 1..*-' 10, ,-- ',,,,, ti.',.. 1 , i' 1,, •g ',4 ; 4r.-.. .7' ''`..*' • •-.4.'..`, .1 r• . ). --',Is 0 . , ',:N, iImi; ''' ,..• .' . -tv, •. ' -..4;,.."'. I,1 '' : 'r r 1 ' ' nt., '. . .7.-.),0"•'-i.c.•'. ' ''-.•1 ,--, 4.,"f , _ .140=•- • ...."'",s. 1..:-m ' */ "' c.' ',-•c.„,. ' -4.'4;44,- -0. - . •• 7 ago:it*. .54••- ''..,t• -.`,•••-.,,,....s'77.F.4..-e.,;,..1 • :-..t1,--4 , ''7'. ..a'....''. ' •-icr ' - Vi..46‘140- --". ..,> ..oF . - -1:10••• -•• • ...-•••"; ; ..•,_ ....:-,,.. , AR '''---- '''".- . f•%.. —'`,,-.!..-iI%,..i. 4,1. ,.' ii'' ‘.4 •.. ", .'ii,.._ ,,. .....4,ro. ".*,' •''. ••• ,.„/: . 4,''' 11001110,14: .,..„. ..'xillg.. .•...'":.:. . j : • • ''' 04Pr7-# •" 1 .:4 , , .t . ,,:. * ,,_ 14,-4.' . - • ' Lake 5—No issues. October 25, 2024 Page 2 1611A1 Lake 6—Chara observed around the perimeter appears to be dying off from recent treatment on 10/16 r .. - fie- f� y 40 L j'11.E ',i iy e r,I it ^ i Y.- t"ill', - ` '; .... , r # 4' IV i,, ..*i{iff,,41 4,4 i • i. ir• �'. igip. ,``:yN ` ,(„+ CI +1,u,11 ,,: s ! z 4 _ . . $ Lf' Dt f • • ; •!. !' . . ` ,�, Lake 7—No issues. Lake 8—No issues. October 25, 2024 Page 3 1•� I1A1 Lake 9—Illinois pondweed observed around the perimeter. 44-, - 11•11111‘ 7 -.�... a 40000..... 7a '4 vow _ xw'' IN r war ®', , ill k ` -NM_. . • El 4 _=�'r •:'w� as WI 11 w l —t _ t 14�� _ • :� \ V "7 ' .( 4, C s' ' ' ~ tic -`' b " 1r " " Gd' •-iiiii 't .i''''. SVC ,.**1110144nak ...-- Lake 10—No issues. Lake 11—No issues. Lake 12—No issues October 25, 2024 Page 4 l6I1A1 Lake 13-Minor torpedograss within the littorals. ANIFIr • 111160,...., 1,4 . ,. ,- ly - a 4• . r 11 4 1 r _ r' , r Ott, ,.4 yr �� I • fr A T t f u j j1r October 25, 2024 Page 5 1611A1 Lake 14—Minor torpedograss within the littorals. V + .4 . et(, 1 C ' ' '•�' '`-ty..� -�V.}� Ili t ry rs, t.i ..2 i . •• 4.•- , . a. . r f vj `511 lr; �. _ w I��+jt ti: I irfr ��ly��,` i.. .'1# 'f• I•fir , - 4; ,A.�.' i`��i Yy j fi .- + �t1 r �� ` ' .4 :l' Yes, Y , 1 ,lit. .' yl 29116c;. . . :- . :Z., - ', i Lake 15-No issues. October 25, 2024 Page 6 1611A1 Lake 16-New growth of torpedograss observed. /09,Lari1111P - - - A.-, .... . , _.6.. ..,. • • -........ - _ • • , .... . . _.., . . , .op ,, . q It' . , i •:. l' -' . , , _ . ,..•,, ,. .k .., ‘ ' * . - • :-_« 1 "/. ,• ,„„,\ " _, .,'''.,,,v •''-",'::-1:‘' 'f'1.40 • :: .:9,1,:.• `• '' i ; • /..-• V - . , , 44,S.•- 1 - • - ' ',,t.:-,,,t,...77*- , - +,•- ,..t. ..- _ t. -, ._..r..,•_.f. ,,,,f, , ;$!41/4:17::70,4;" .....-"'.. - --.. iiktig • - . • -. .' • '.. ":IV.' '''.•:., ..., e 4-'ITe 4. 44,1'.1 1.,:-' , 4 - * Aran • .0,•,:-. ,---- , . . . . ,,. • 4.1 rait- 14, 2.,, 11..:-.:t.: - ,,,-.;-4::...., - ...It ti * 1 c'--.741 .:.•-,....0 ,*--.1, t.t. 1' j , '• . -,_, ' 4 4 II. ';..".r`--4 .''!.4....44"ks' s' ar_..T.Its '4- • ........--,.... .,. ir- .7.. _•. - ,,,,-4-. - .,-- ,,4.:,•,.:,... 16.r,47. • . ....)-.0.:...... ..# , . ..., ••.,..„46,,, , ... . _ ..vrlit tK40611.1:?".:C!• .. .. : A" •••,e,• ,.''.....s ac-Ala.:•;••;-:-te 4AV ded Lake 17-No issues. Lake 18-No issues. October 25, 2024 Page 7 16I1A1 Lake 19—Illinois pondweed was observed. Solitude is in the process of mechanically removing the Illinois pondweed from the lake. i ... so , 4 r October 25, 2024 Page 8 161141 Lake 20—Torpedograss has greatly improved along the bank. Illinois pondweed was observed around the perimeter. gig'401.11#01p. ., ., ,yr ' \ +n` wy#,a ♦K ,_ i"^• 4"•y� t,`.,��, . r ,.�4 ',y`tL" a�� !«ti: eye •.-•! Y 4. VW.'ad', Y' ,r r !�,j:r . I . ,- r i{i c.. , 7NL:,i¢ t S ' ^;e Y" . r- ,,s*r j. ,..,;;?�G r ! .A '� 1 ;' • � 1�t lj it ' . ' „ r ':'.;, v' - _•. '•� , ,, t •.. , . r 'arm t- 5t i' ti r ;r ,, • ttl � - y' '` ,...1 .�', . , PT._ I ` �'{ ••_ y %A�f 41� V.J.. `• \i+'i�r . l p l ,f I r... ' M .� fir. .� .r �! tE. ,. :ice\• , a- Ifs Lake 21—No issues. Lake 22—No issues. Lake 23—No issues. Lake 24—No issues. October 25, 2024 Page 9 16I1A1 Lake 25—Illinois pondweed observed around the perimeter. fill! *.: -7 * ‘,. lit. - _ /is. . - 2 ft .., ... , ., •. �: ,1,t w, * _ 1,F. 0.,•,,, October 25, 2024 Page 10 16 1 1 Al Lake 26—Illinois pondweed observed around the perimeter. • ^ 4• i.4Ji�I.A 1: .-•I:. �iY{ y�l•t ♦i . ' , .a 'jlit: 1«w n -fie -- - v ' ✓eft, ix, f, a �. � -.. .. .�- �,• it October 25, 2024 Page 11 16I1A1 Lake 27- Illinois pondweed was observed around the perimeter. I. lir' •k ,r/X or . sillk,,, ,, ' c '+� _ _ 1 a ,ik+i•+ ii ,, y' it ,a% S+`1� e44 Iriily'r s ;'C4t�1�rfz' +h �' +, • • y• - A. .r S \ j • t r S *' a ., ,' 1. 7�ar. T • U�y h .t• .r+ VIL 1/110 l • • 1.- Lake 28— No issues. Lake 29—No issues. October 25, 2024 Page 12 1611A1 Lake 30A—Growth along the boulevard has been significantly reduced. Trimming was conducted on 10/1 and 10/3. _ ♦ -..- xAtiohar„ , t..„.,. _4 • �1' � • A"' r tilliell'ili -�' .. .r iIY! rA�. ‘I w ag£ G...i� • ir ../..AID ' .+r '� - T 'T - . , -- • , , . 037, • • J ills M Y 'l - { .. October 25, 2024 Page 13 I6I1A1 Bridge between 30A&30B- Pathway under the bridge was clear of vegetation. 30A: w ..-. -J'y, - �+V a/ s- ✓.-yr r .�- ,. • -, i w �r ,, ..- ..`.y^- - : " • G r- Jw-:L '' •i,Y" 30B: October 25, 2024 Page 14 1611A1 3 October 25,2024 Page 15 16I1A1 From: Edwin Hubbard <ehubbard@heritagebaycdd.com> Sent:Sunday, October 27,2024 5:33 PM To: Faircloth,Justin<Justin.Faircloth@inframark.com> Cc: Bailey Hill<bailey.hill@solitudelake.com>; Mason Maher<mason.maher@solitudelake.com> Subject:SOLitude Performance This Message Is From an External Sender This message came from outside your organization. Please use caution when clicking links. Justin, At the risk of sounding a bit dramatic,SOLitude did rise to the occasion on Friday the 25th and delivered a huge relief to a situation which rapidly developed in our aqua range; lake 19. I believe what we experienced on Friday is a first.We ran out of golf balls at the driving range, and it turns out there were likely thousands of balls stuck in the Illinois pond weed. When I became aware of this, I immediately contacted Bailey requesting a boat on site to navigate through the pond weed and hopefully dislodge the balls;this has worked in the past. Bailey, and Mason, immediately committed to having a boat here,and within an hours'time,the boat was on site! This is exemplary and I wanted you to be aware of this! Furthermore, during my onsite meeting with Bailey, I suggested she head into the pro shop and meet Justin McCarraher, Director of Golf Operations, and discuss the best next steps. During this meeting,Justin and Bailey set in motion a plan to have the pond weed harvester on site as early as Tuesday to cut the pond weed and move it to the lake banks.The club, likewise, committed that their staffs would be responsible for the harvested pond weed and the removal of the balls as soon as practicable. It goes without saying how relieved our general manager,and Justin,were that we,along with SOLitude,we're able to come up with an immediate and practical plan of action! While it is obvious that we continue to have a pond weed issue in lake 19, and likewise, it is important to point out that the preponderance of the floating pond weed was dead,we do continue to require ongoing treatments to this lake(chemicals for sure)with the ultimate goal being to "control"the pond weed so as to avoid a situation like this in the future. In fairness to SOLitude,two 1611A1 weeks ago this pond weed was barely noticeable due to the high-water levels and,as the waters are retreating,we ran into this mess. While praising Bailey for her immediate action,and laying out a plan with club management, I do need to emphasize the need for ongoing maintenance and control of the pond weed, and littorals, in the aqua range. I know we can accomplish this. ->Bailey,as we have discussed in the past,the driving range is always closed down in season on Thursdays from 12 to 1:15 PM for range maintenance which affords you the planned opportunity to get into the lake and avoid golf ball exposure. Please plan on utilizing this time slot and it is always best if you plan to notify me,and Justin McCarraher, of your planned visits. Justin,as you know, and know me well,when vendors do an exemplary job, as well as fall short of our expectations, I am quick to point this out. In this case,on behalf of the CDD Board of Supervisors, I say"hats off"to the SOLitude team. I look forward to observing the SOLitude activities this coming Tuesday and Wednesday as we get control of this important and very busy lake. Thanks Bailey and Mason! Ed Hubbard Chairman-Heritage Bay CDD 239-248-4497 Get 16I1A1 SQLITUDE LAKE MANAGEMENT Property Name Heritage Bay CDD Created Date 10/29/2024 Description Solitude will provide labor and equipment to Quote Number 00009544 harvest pondweed from lake 19.Solitude will not be responsible for removing debris off site. Prepared By MASON MAHER Email mason.maher@solitudelake.com Product Quantity Sales Price Total Price General Cost 1.00! $1,950.00! $1,950.00 Taxes may be applicable Total Price $1,950.00 Quote Acceptance Information Signature Name Title Date 16I1A1 From:Anthony Ettore<tony@dtc-taw.org> Sent: Monday, October 21,2024 8:50 PM To: Faircloth,Justin<justin.faircloth@inframark.00m> Subject: Re: HBCDD-Proposal Request for 11/7/24 Meeting This Message Is From an External Sender This message came from outside your organization. Please use caution when clicking links. Justin, I have struggled a bit with this proposal for the Heritage Bay CDD, as I quite honestly have never filed a lawsuit in federal court. I am a member of the U.S. Federal District Courts in Florida,the United States 11th Circuit Court of Appeals, and the U.S.Supreme Court, but I have not practiced in any federal court for more than a decade.As I have thought about this matter, I have had to balance my thoughts on reacquainting myself with the federal litigation process, my desire to successfully pursue this issue(which has been a thorn in my professional life for many years), and the best interests of the District.The conclusion of this mental wrestling match is that I neither have the requisite experience to initiate and prosecute this lawsuit on my own, nor the desire to invest the amount of time necessary to be confident in my competence regarding federal litigation. If the District wishes to pursue this matter,which I would certainly recommend, I think the better course of action is to retain a law firm that has attorneys that conduct federal litigation and to have them work with me on the substantive claims. I have the institutional knowledge to successfully pursue this claim,just not the recent litigation experience. I would like to be part of a team to pursue this matter for the District,just not the solo driver behind the wheel. I appreciate the opportunity to present this proposal to Heritage Bay,and many attorneys would perhaps take advantage of the opportunity to make significant fees, but I always put my clients' interests before mine. Please let me know if you have any questions,and/or if I can provide any assistance to the District. Thank you.Tony t‘. DLC. DISASTER LAW.n, CONSULTING.llf Anthony J. Ettore 1611A1 CEO and Principal Attorney (850)445-2306 www.disasterlawconsulting.com 1611A1 From: Edwin Hubbard<ehuhbard@heritagebaycdd.com> Sent:Wednesday, September 25,2024 3:04 PM To: Faircloth,Justin<Justin.Faircloth@inframark.com> Subject: Fw:WASHOUT-Club pool by veranda 5 This Message Is From an External Sender This message came from outside your organization. Please use caution when clicking links. Please include in the November agenda packet. Not sure what section yet. Will work on the agenda in a few weeks. Ed Get Outlook for iOS From: Edwin Hubbard <ehubbard@heritagebaycdd.com> Sent:Wednesday, September 25,2024 3:02 PM To: Doug Brown<dougb(a)golfheritagebay.col > Cc: Kevin Schaal<, +a golfheritagebay.cor >; Nathan Freeland < JathanFCa golfheritagebay.com> Subject: Re:WASHOUT-Club pool by veranda 5 Here is an update on the lake bank washout issue. As noted,Copeland visited the site again today and observed the following and as the result of a camera view of the pipe from the pool pump area as well as the veranda drainage issue which as it turns out is causing the bank to wash out. -the drain line from the pool into the lake is not blocked and is functioning properly. Picture two. -the washout starting pretty high up in the flower bed next to the building was caused by the catch basin being completed covered with dirt and gravel; likely due to the new plants being installed. Not sure who installed the plantings but this was causing the water from the drainage system on the side of the building to overflow from the down spouts and down the bank. See picture one; catch basin rescued from the bowels of the earth and operating with a new lease on life. Too dramatic?? 1bi1Al So...this should take care of the drainage issue. We have asked Copeland to provide a quote to come in and pull the lake bank back up and will likely make sure your pump lines are running properly into the lake. Likely a 2025 project. So...no need for me to observe Keith's work. I think we are good to go now. Take care, Ed Get Outlook for iOS From: Doug Brown<dougb@golfheritagebay.corn> Sent:Tuesday,September 24,2024 4:22 PM To: Edwin Hubbard<ehubbard(aheritagebaycdd.con�> Cc: Kevin Schaal<Supt@golfheritagebay.com>; Nathan Freeland<NathanF@golfheritagebay.com> Subject: RE:WASHOUT-Club pool by veranda 5 That single-walled pipe might be the one from the pool.... I can get with Keith who takes care of all of our pools and request he let us know when he is backwashing that pool so you can observe. Regards, Doug Brown,CCM,CAM General Manager/COO Heritage Bay Golf&Country Club 10154 Heritage Bay Blvd. Naples FL,34120 (239)384-6161 www.golfheritagebay.com 161141 ,;,, I ; `• A ASIWP �) 4e i /` CIRA Confidentiality Notice:The information contained in this transmission(including attachments)is private and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient,you are hereby notified that any disclosure, dissemination,distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify Doug Brown immediately at DougB@GolfHeritageBay.com or(239)384-6161 and permanently delete any copies. From: Edwin Hubbard<ehubbardheritagebaycdd,com> Sent:Tuesday,September 24,2024 3:44 PM To: Doug Brown<kJougb@golfheritagebay.com>; Kevin Schaal<Supt@golfheritagebay.com> Subject:WASHOUT-Club pool by veranda 5 I met with Justin Faircloth,our DM, as well as Scott Copeland,today to discuss the drainage/ washout issue at this pool area. Copeland will revisit the site in the next day or so and do a camera view of the two drainage lines nearest the pool pump area; drainage lines installed by the CDD in working with veranda 5. We do find it interesting that there is a single walled drain line protruding into the lake and it definitely is not one of ours as we only install double walled piping.We also note extensive work by Hotwire in this area which could be part of the issue. I will advise as to what we find out. On a related note, I am requesting that I accompany the pool staff and observe how the back flush is working and where the water discharges. I know Kevin will not be back until next week so am wondering if we can schedule a time on October 1? Looking forward to your feedback and thoughts. Ed Get Outlook for iOS 16I1A1 CAUTION This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. k.;` '14 ,.. 0 i I I V 3 i , . % . • ..,4 ' )11 fil '4° . , , '? 1* 1 r 7-'-1011110. , -• P 1 II I ' is ,,, ; 4 1 - • ,.-i'-,- . 16.' ' I f ,s, ,*,*,, ' P.,.';',. 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S Ijr , t• At .(0 r•;.,,s ••40 u• , k, ve- ,S,)A;„,,...e,,',, 11 ,.%,•4_c,' i'-e--•if$1tAlt ',... tA .. ... ""7..:‘ - 1.'...1.. .. . t'.- .-• - ',e• .4 s' '4 '. cw4.• - *,,, i}.,---:- r.• •1*-- i.,`,. *‘in 1. . `, ,-.4.4,! • •' :• . ., .4., , 4, ,.,„- __ ,,A,t;. , _... A ,-.. - • ,e,;....),?7,. I tir,a • 'ii - .A. '. ::..' .)lk `<t;..4:.-7',4,‘tki '•- 2., •• " '.' it • -‘c - „4-,• . 4, tlit4.-0.,7..i 4 .•(.;.14?....- ; ,• f,...2Y,Filt, ,.....: - -_,.., ....- :i. , . st.-.. r,--• le. iiii ,F.44 • - • - ,, -,. ' *if , 4. • , ;.„, „.....1 v is,Afir i • o 16I1A1 Collier County- POLLUTION CONTROL LIVE GREEN. SAVE BLUE. DEWATERING PROTOCOL Any swale, drainage ditch, or stormwater inlet is connected to natural waterways, not a treatment plant. If wastewater generated by pool dewatering enters the stormwater system, it will flow to natural waters such as the Cocohatchee River, Gordon River, Naples Bay, and the Gulf of Mexico. Consequently, only uncontaminated stormwater is allowed to enter the stormwater system. PROTECT OUR WATERWAYS To protect the natural waterways, pollution is prohibited from entering the stormwater systems by Federal (Clean Water Act, Section 402(p)(6)0, state (Florida Administrative Code, Chapter 62-624), and local (Collier County Ordinance No. 2009-08) regulations. Discharge of water drained from pools or groundwater(from dewatering during pool installation or repair) to any surface water or stormwater feature that does not meet water quality standards is illegal. Illegal discharges can cause an increase in sediment, metals, or other contaminants that negatively impact the water quality. If discharge is unavoidable, then a permit is required that outlines the best management practices (BMP's) that will be implemented. Illegal discharge can result in a stop work order on the site, fines, and expensive cleanups. REMEMBER THESE POLLUTION PREVENTION TIPS • Discharge to vegetated, stabilized areas within property boundaries to allow water to percolate naturally into the ground. • Identify local stormwater structures and waterbodies to determine where the water flows so it can be diverted if necessary to prevent an offsite discharge. • If you must discharge offsite, apply for the proper permits well in advance. These permits may include, but are not limited to: o Right of Way permit, issued by Collier County Growth Management � 1M" ikt J •.. vi; '.: .i' Illegal dewatering to the stormwater system Illegal dewatering to surface waters Live Green. Save Blue. Report Pollution. 239-252-2502 I pollution_control®colliercountyfl.gov www.LiveGreenSaveBlue.com 611A1 Collier County- POLLUTION CONTROL LIVE GREEN. SAVE BLUE. Dewatering Guidelines for Collier County Maintained Roads OPTION A: No Right-of-Way Permit Required. Let groundwater, surface water or dechlorinated pool water (total chlorine residual must be less than or equal to 0.01 mg/L and pH between 6.5 and 8.5 standard units) percolate back into the ground. This process should not create any erosion or flooding issues. Pump flow should be adjusted accordingly to achieve this. OPTION B: No Right-of-Way Permit Required. If Option A is not feasible, discharge of the water into the swale or roadway is permitted as follows: • Allow approximately 20 feet of grassy area between the discharging hose and the swale or roadway. If only clear water is entering the swale or roadway, and as long as the discharge is not creating any erosion or flooding, no sediment and erosion control measures need to be installed. OPTION C: Right-of-Way Permit Required. If Options A or B are not feasible, discharge of the water into the swale or roadway is permitted as follows: • Obtain a Right-of-Way Permit (approximately $200- Please see the Right-of-Way Fee Schedule for Right-of-Way permit fees). A Right-of-Way Permit application with a sediment and erosion control plan must be submitted before dewatering activities can begin. Once the permit is granted then discharge directly into the swale or roadway is permissible, as long as proper sediment and erosion control measures are installed to ensure that all sediment is contained on-site. All mobilized sediment must be properly remediated after dewatering is complete and the area must be returned to original conditions. The Right of Way Permit and the sediment and erosion control plan must be kept on-site during work. OPTION D: Industrial User Discharge Permit Required (IUDP). If Options A, B, and C are not feasible, discharge of ONLY dechlorinated pool water (does not apply to groundwater) to the sanitary sewer system is permitted as follows: • Obtain an IUDP (approximately $500 plus the cost of required wastewater analysis). An IUDP application with analytical results must be submitted and approved, prior to discharge to the sanitary sewer system. Contact the Department of Public Utilities Industrial Pretreatment Program at 239-252-6886 for the required IUDP application. Please Contact Collier County Pollution Control with any questions. Live Green. Save Blue. Report Pollution. 239-252-2502 I pollution_control@colliercountyfl.gov www.LiveGreenSaveBlue.com 1611A1 « 0 E CL a a 0 QJbp ZTv m a 0 LLg g o N «L A 0 Z « 3co c u m Z LU C m N S C fa w 17 J ` la O. •al = N W E E _ U W `o 0 u r °` a w a C o 10 N E C r a a C a' zf- c E4) w$ o QLid W v E u' ,n O V ~ +- Q LL } Z J = Q m Z2 a a u to CO a v a :« 2 1- Nd ° 'o c Cw7 w (7 Um °o E c « to A ao a o 0 w, ° 7. . 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IA (A TSTS o °�' -0 _a'aa a 1- '• AAAAAAAA z i- A A A D I— V) Q CC LL Z 1 6 1 1 A 1 \ E 2 < - . - _, 0 ‹‹ § @ - - z (NI NI 5 UJ VI LU < 2 LU / / LU \ k k k cc 0 0 \ } cc 0 z z j > CM CM C a 2 = o 0 = / § 0 \ § § E � ) ± ƒ ± u o z e o z z - < z cc cc cc 0 0 m - < D _ — _ _ > 0 0 / 2 z \ & & & e 0 j ƒ e E < o o \ \ VI< / \ § U < e j 0 o — — — — — 0 \ < z / / / / L7.1 k G a > > <Lu j = z / ± = 2 0 $ £ / = z cc @ e j § 0 / 0 < Lu - \ / § < / } § § \ § cc o o \ / \ CD \ § § \ < z % = o < u LU = e z ± _ z = g z 0 ± / a f < > 2 % § $ 0 M \ § < 0 § co } z § / \ $ ® 2 % § •0 / 2 0 5 § z 2 G S § § \ i j § k z < E § / 5 - z H E - 0 § j » G L j & < E Z = < = b g < u < � _ _ CL - { § - < Lu % co 0 < - 5 cc LU % < < 2 i o 0 I- o z L < LU § < < 2 < < LU } § C z z \ 2 / § = E ® j z z 0 _ iu < 0 < 2 / o < 2 =� o 2 / 2 } \ $ / § e \ z Lu § \ < 3 e = u o < e = - u o < O CM O O ± > O § U 0 < \ = $ LL % < < * yI 00 § � § z C § I— F_. o / < » < i 0 o j } 2 m LL p < 0 <z co o z B e \ f ® k o fa ƒ Lu & \ $ c 2 § w t / / _jLU > 0 0 Q A o 0 § \ c a.a. 3 \ a LU 9 / 2 cc a 6 - \ 0 § \1 S \ } \ j C § \ \ J 2 = / cc E z 1611A1 DATE: 9/26/2024 Copeland Southern Enterprises,Inc. 1668 Many Road North Fort Myers,Fl,33903 OWN ER INFORMATION: PROFESSIONAL SERVICES AGREEMENT BETWEEN COPELAND SOUTHERN ENTERPRISES,INC.AND TELEPHONE NO.: (239)245-7118/306 Fax No: (239)245-7120 Heritage Bay Community Development District in Nanles E-MAIL:Justin.Faircloth( stservices.conL OWNER INFORMATION: PROJECT MANAGER:Scott Copeland cope1andsei4aol.com OWNER'S ADDRESS: 10154 Heritage Bay Blvd,Naples,FL 34120 FEE AND TYPE: BILL TO THE ATTENTION OF:Justin Faircloth,Assistant District Manager Time&Materials based upon the Rate Schedule in PROJECT NAME:NE Lake 23 Drainage&Lake Bank Restoration Project. effect at the time service is rendered. Estimated Fees: WORK DESCRIPTION:65 feet of 4"DW ADS Drainage From LME& 173 feet of Lake Bank Restoration using recovered materials from Lake Bottom and Coconut Erosion Blanket and Not-To-Exceed Fixed Fee based upon the Rate Matching Sod for the NE Corner of Lake 23. Schedule in effect at the time service is rendered: REMARKS: 1)All guest and golfers will need to be notified by the board,of the repair S done on the Lakes to stay clear of the repair areas and equipment during the project.2)All Sprinkler heads and lines within the work area must be clearly marked before restoration Lump Sum Fixed Foe: $ 14,575.(RI begins 3)CSEI wilt call in a dig ticket 72 hours before work can start to allow utility companies time to mark the underground utilities within the work areas.4)CSEI will need Total Fees: S 14,575.INI a staging area on site to store equipment and supplies during the project.5)Crews will set up MOT around work areas to help insure the safety of the residents and guests during the project. Dear Justin, In Pursuant to your request,Copeland Southern Enterprises,Inc.is pleased to submit the following proposal for 4"DW ADS Lake Drainage& 175 feet of Erosion repair for NE Lake 23 at Veranda 8 for the above-referenced project: SCOPE OF SERVICES(Limited to the following): 1. Crews will set up MOT around work area for the safety of all and removed once the project has been completed 2. Crews will Install the remaining 65 feet of 4"DW ADS pipe out into Lake 23 from the 2 LME 12"Inlets set for Veranda 8 F.sst Gutters and anchor to pond floor with 4 foot steel anchors past the 2:1 slope. 3. Crews will recover material from Lake Bottom to re-build 175 feet of Lake Bank on the East side of 10074 Siesta flay Dr. as shown in exhibit below,grade out material and compact slope. 4. Crews will cut EOW sod line and trench in Coconut Erosion Blanket using steel pins to anchor the Coconut Erosion blanket to the slope. 5. Crews will over lay Coconut Erosion Blanket with 1 to 2 inches of top soil and lay matching Sod. 6. Crews will water for 2 weeks 7. Work is estimated to take 1.5 weeks to complete. Note:Any additional work and services requested,and is not found in this Proposal can ix done,but will require additional cost to be paid in full with proposal tee upon the completion of job. We at Copeland Southern Enterprises hope this meets your approval and satisfies your requirements.If so please sign the contract proposal below and return a copy to our office by Fax or Email.Should you have any questions or need any additional information,Please do not hesitate to call Scott Copeland at 239-995-3684 or Mobile#239-707-6806.Fax 239-995-0058 OWNER AUTHORIZATION: I warrant and represent that I am authorized to enter into this contract for professional services and I hereby authorize the performance of the above serv' nd agree to pay the charges upon the completion of the Job resulting there from as identified in the'TEE TYPE"section above. I hay tend and agree to these Standard Business Terms.Authorized Signature: Date: l,/ 1 ?/ Typed Name&Title: G�M!1N A 1 ]t1A(MP ff I 16I1 Al Exhibit: Site Location and Work Areas 6...n.. 4 f N^ 4 rj % ; .; T a i Easiment , g e 1 4 4st M *fr 4., _ . STD 65 feet of 4" DW ADS Drainage,Sd i • , 1 • . . 1 40 • - it f j:ra A• r " I • . C..175 ft of Coconut Lake Bank Restoration 7 Pt .• 2 1611A1 DATE: 9/25/2024 Copeland Southern Enterprises,Inc. 1668 Many Road North Fort Myers,Fl,33903 OWNER INFORMATION: PROFESSIONAL SERVICES AGREEMENT BETWEEN TELEPHONE NO.: (239)249-7000 COPELAND SOUTHERN ENTERPRISES,INC.AND Fax No: (239)262-5732 Heritage Bay Veranda 8,HOA E-MAIL:michel.anderson@sympatico.ca, victoriaw@cambridgeswfl.com OWNER INFORMATION: PROJECT MANAGER:Scott Copeland copelandseina,aol.corn FEE AND TYPE: OWNER'S ADDRESS: 2335 Tamiami Trail N,Naples Fl.34103 Time&Materials based upon the Rate Schedule in effect at BILL TO THE ATTENTION OF:Victoria whalen,Cam the time service is rendered. Estimated Fees: PROJECT NAME:HB Veranda 8,East New Gutter Down Spout Drainage Installation to LME. Not-To-Exceed Fixed Fee based upon the Rate Schedule in WORK DESCRIPTION:Install 75'of DW ADS Pipe with 2x12"Catch Basins set at the LME and effect at the time service is rendered: the back tied into the existing 4"DW ADS system that run into the lake. REMARKS: 1)The board or H.O.A.will need to notify all guests and residents in the area prior to Lump Sum Fixed Fee: S 2,975.00 work commencement,and request all to stay clear of the work areas to help ensure the safety of all during the project. 2)Once CSEI has received a signed contract back to the office then a No Cuts Dig Ticket, 3 days before the starting of the project so Utility Companies have time to Mark All Total Fees: S 2,975.00 Underground Utilities within the work areas.3)The Sod will be cut stacked&reinstalled and will need to be water twice a day once the project has been completed for 2 weeks to ensure the sod re- roots properly. Dear Victoria, In Pursuant to your request,Copeland Southern Enterprises,Inc.is pleased to submit the following Proposal for the East 3 Gutter Installation of 4 inch DW ADS Drainage System from the East 3 new Gutter down spouts for Veranda 8 @ 10074 Siesta Bay Drive. SCOPE OF SERVICES(Limited to the following): 1. MOT Safety will be set up to ensure the safety of Guests and Residents during project and remove once project has been completed. 2. Crews will install New 4 inch DW ADS Drainage pipe from the 3 new Gutter down Spouts and run out to the Lake Maintenance Easement. 3. Crews will install 2 New 12"Catch Basins at the LME and the CDD will be responsible to pay the remaining installation out into the Lake and Anchored to the pond floor with 4 foot anchors. 4. All existing Sod with in the trench areas will be cut out and stacked then re-installed once new system has been installed and the trenches have been brought back to grade&compacted. 5. Crews will close all trenches daily and pick up and haul away all debris before leaving the job site. 6. Work is estimated to take 1 day to complete but may take longer depending on underground utilities. Note:Any additional work and services requested,and is not found in this Proposal can be done,but will require additional cost to be paid in full with proposal fee upon the completion of the job. We at Copeland Southern Enterprises hope this meets your approval and satisfies your requirements.If so please sign the contract proposal below and return a copy to our office by Fax or Email.Should you have any questions or need any additional information,Please do not hesitate to call Scott Copeland at 239-995-3684 or Mobile# 239-707-6806.Fax 239-995-0058 OWNER AUTHORIZATION: I warrant and represent that I am authorized to enter into this contract for professional services and I hereby authorize the performance of the above services and agree to pay the charges upon the completion of the Job resulting there from as identified in the"FEE TYPE"section above. I have read,understand and agree to these Standard Business Terms. Authorized Signature: Date: Typed Name&Title: 1611A1 Exhibit: 10074 Siesta Bay Dr.3 New 4"DW ADS Drainage Installations to LME. V 7yr:ju . _ _i 1.117, . nVa" • q i +'-ainage Systems AI 1 11,4li"it` !. ' 1611A1 6INFRAMARK COMMUNITY MANAGEMENT Memorandum To: Board of Supervisors From: District Management Date: 7/11/24 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. 16 11 Al Exhibit A: Goals, Objectives, and Annual Reporting Form 16ilA1 Heritage Bay 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 seven 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 seven 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 inspections per District Management services agreement to ensure safety and proper functioning of the District's infrastructure. Measurement: Field manager and/or district manager visits were successfully completed per management agreement 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 as described within District Management services agreement 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. 1611Al 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 was adopted 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 ❑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: Heritage Bay Community Development District District Manager: Date: Printed Name: Heritage Bay Community Development District 16I1Al r kgr 271 ® Website Accessibility with Campus Suite Quarterly Compliance Audit Report Heritage Bay Date: October 2024 - 3rd Quarter Prepared for: Sandra Demarco Developer: Inframark Insurance agency: Preparer: QpG� con�p� Susan Morgan-SchoolStatus Compliance ADA Website Accessibility and Florida F.S. 189.069 Requirements 0 1611A1 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 16I1A1 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 161141 ErFlorida 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 1611Ai 0 ADA Website Accessibility Result: PASSED Accessibility Grading Criteria "assed Descri I tion 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 16 h Al Q' Florida F.S. 189.069 Requirements Result: PASSED Compliance Criteria Passed Description 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 1611A1 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 A • A • reasons why websites should be fully accessible and compliant with all state and i I I 1 I I S federal laws. Web accessibility not only keeps16 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 PIM 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 16l1A1 ADA Compliance Categories Most of the problems that occur on a website fall in one or several of the following categories. 0o Contrast and colors O. 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.org/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. ea Text alternatives for non-text content ee 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 1611A1 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/ Elm Properly formatting tables Elm 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 16I1A1 OMaking 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.ora/techniques/acrobat/acrobat 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 fI 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.ora/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 1611A1 2? 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. • ' I 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 16I1A1 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 16I1A1 Heritage Bay Community Development District Financial Report September 30, 2024 Prepared by INFRAMARK `M 9MT LC1V4\MAHAGLMCMI btRVIC() 16I1A1 HERITAGE BAY Community Development District Table of Contents Page# FINANCIAL STATEMENTS Balance Sheet -All Funds .................................................................................... 1 Statement of Revenues, Expenditures and Changes in Fund Balance GeneralFund .................................................................................... 2-3 DebtService Fund .................................................................................... 4 SUPPORTING SCHEDULES TrendReport .................................................................................... 5-6 Non-Ad Valorem Special Assessments ..................................................................... 7 Cashand Investment Report .................................................................................... 8 Bank Reconciliation .................................................................................... 9 CheckRegister .................................................................................... 10 i611A1 Heritage Bay Community Development District Financial Statements (Unaudited) September 30, 2024 1611A1 HERITAGE BAY Community Development District Governmental Funds Balance Sheet September 30, 2024 SERIES 2018 DEBT ACCOUNT DESCRIPTION GENERAL FUND SERVICE FUND TOTAL ASSETS Cash-Checking Account $ 450,730 $ - $ 450,730 Due From Other Funds - 16,581 16,581 Investments: Money Market Account 723,065 - 723,065 Prepayment Account - 10,750 10,750 Reserve Fund - 384,542 384,542 Revenue Fund - 690,166 690,166 TOTAL ASSETS $ 1,173,795 $ 1,102,039 $ 2,275,834 LIABILITIES Accounts Payable $ 7,896 $ - $ 7,896 Accrued Expenses 4,659 - 4,659 Due To Other Funds 16,581 - 16,581 TOTAL LIABILITIES 29,136 - 29,136 FUND BALANCES Restricted for: Debt Service - 1,102,039 1,102,039 Assigned to: Operating Reserves 101,981 - 101,981 Reserves-Erosion Control 14,687 - 14,687 Reserves-Lakes 361,725 - 361,725 Reserves-Stormwater System 95,585 - 95,585 Unassigned: 570,681 - 570,681 TOTAL FUND BALANCES $ 1,144,659 $ 1,102,039 $ 2,246,698 TOTAL LIABILITIES&FUND BALANCES $ 1,173,795 $ 1,102,039 $ 2,275,834 1 HERITAGE BAY 16 I 1 A 1 Community Development District General Fund Statement of Revenues, Expenditures and Changes in Fund Balances For the Period Ending September 30, 2024 ANNUAL ADOPTED YEAR TO DATE YEAR TO DATE VARIANCE($) ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) REVENUES Interest- Investments $ 51,001 $ 51,001 $ 75,572 $ 24,571 Interest-Tax Collector - - 2,399 2,399 Special Assmnts-Tax Collector 505,604 505,604 505,604 - Special Assmnts-Reserves 31,250 31,250 31,250 - Special Assmnts-Discounts (21,474) (21,474) (19,640) 1,834 Other Miscellaneous Revenues - - 32,023 32,023 TOTAL REVENUES 566,382 566,382 627,208 60,826 EXPENDITURES Administration P/R-Board of Supervisors 9,000 9,000 6,000 3,000 FICA Taxes 689 689 459 230 ProfServ-Arbitrage Rebate 600 600 - 600 ProfServ-Dissemination Agent 1,500 1,500 1,125 375 ProfServ-Engineering 12,000 12,000 7,445 4,555 ProfServ-Legal Services 11,500 11,500 4,758 6,742 ProfServ-Mgmt Consulting 52,078 52,078 52,078 - ProfServ-Property Appraiser 8,053 8,053 8,271 (218) ProfServ-Special Assessment 7,428 7,428 7,212 216 ProfServ-Trustee Fees 8,468 8,468 2,846 5,622 ProfServ-Web Site Maintenance 1,238 1,238 1,242 (4) Auditing Services 5,000 5,000 4,200 800 Website Compliance 1,553 1,553 1,553 - Postage and Freight 1,000 1,000 3,569 (2,569) Insurance-General Liability 9,419 9,419 8,936 483 Printing and Binding 1,800 1,800 3,700 (1,900) Legal Advertising 2,000 2,000 3,224 (1,224) Misc-Bank Charges 100 100 - 100 Misc-Assessment Collection Cost 10,737 10,737 10,344 393 Misc-Web Hosting 1,500 1,500 - 1,500 Office Supplies 100 100 300 (200) Annual District Filing Fee 175 175 175 - Total Administration 145,938 145,938 127,437 18,501 Field ProfServ-Field Management 14,440 14,440 1,203 13,237 R&M-Contingency 100 100 - 100 Total Field 14,540 14,540 1,203 13,337 2 16I1A1 HERITAGE BAY Community Development District General Fund Statement of Revenues, Expenditures and Changes in Fund Balances For the Period Ending September 30, 2024 ANNUAL ADOPTED YEAR TO DATE YEAR TO DATE VARIANCE($) ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) Lakes and Ponds Contracts-Lake and Wetland 71,200 71,200 67,200 4,000 Contracts-Water Analysis 9,861 9,861 - 9,861 Contracts-Water Quality 20,905 20,905 12,843 8,062 Contracts-Lakes 30A&30B 24,000 24,000 24,000 - Contract-Sediment Testing 5,483 5,483 - 5,483 R&M-Aquascaping 4,175 4,175 3,700 475 R&M-Stormwater System 4,000 4,000 - 4,000 R&M-Lake Erosion 100,000 100,000 97,356 2,644 R&M-Contingency 7,825 7,825 4,000 3,825 Reserve-Lakes 140,000 140,000 - 140,000 Reserve-Stormwater System 18,455 18,455 - 18,455 Total Lakes and Ponds 405,904 405,904 209,099 196,805 TOTAL EXPENDITURES 566,382 566,382 337,739 228,643 Excess(deficiency)of revenues Over(under)expenditures - - 289,469 289,469 OTHER FINANCING SOURCES(USESZ Contribution to(Use of)Fund Balance - - - - TOTAL FINANCING SOURCES(USES) - - - - Net change in fund balance $ - $ - $ 289,469 $ 289,469 FUND BALANCE,BEGINNING(OCT 1,2023) 855,190 855,190 855,190 FUND BALANCE,ENDING $ 855,190 $ 855,190 $ 1,144,659 3 1611A1 HERITAGE BAY Community Development District Series 2018 Debt Service Fund Statement of Revenues, Expenditures and Changes in Fund Balances For the Period Ending September 30, 2024 ANNUAL ADOPTED YEAR TO DATE YEAR TO DATE VARIANCE($) ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) REVENUES Interest-Investments $ 1,000 $ 1,000 $ 63,695 $ 62,695 Special Assmnts-Tax Collector 1,689,155 1,689,155 1,689,155 - Special Assmnts-Discounts (67,566) (67,566) (61,795) 5,771 TOTAL REVENUES 1,622,589 1,622,589 1,691,055 68,466 EXPENDITURES Administration ProfServ-Property Appraiser 25,337 25,337 - 25,337 Misc-Assessment Collection Cost 33,783 33,783 32,547 1,236 Total Administration 59,120 59,120 32,547 26,573 Debt Service Principal Debt Retirement 1,115,000 1,115,000 1,110,000 5,000 Principal Prepayments - - 25,000 (25,000) Interest Expense 456,150 456,150 455,725 425 Total Debt Service 1,571,150 1,571,150 1,590,725 (19,575) TOTAL EXPENDITURES 1,630,270 1,630,270 1,623,272 6,998 Excess(deficiency)of revenues Over(under)expenditures (7,681) (7,681) 67,783 75,464 OTHER FINANCING SOURCES(USES) Contribution to(Use of)Fund Balance (7,681) - - - TOTAL FINANCING SOURCES(USES) (7,681) - - Net change in fund balance $ (7,681) $ (7,681) $ 67,783 $ 75,464 FUND BALANCE,BEGINNING(OCT 1,2023) 1,034,256 1,034,256 1,034,256 FUND BALANCE,ENDING $ 1,026,575 $ 1,026,575 $ 1,102,039 4 16I1Al a e C '— e e e e e ( ▪ ( . 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AI HERITAGE BAY Community Development District Cash & Investment Report September 30, 2024 ACCOUNT NAME BANK NAME YIELD BALANCE OPERATING FUND Operating Checking Valley National Bank 5.25% $450,730 * Money Market Account BankUnited 5.25% 723,065 Subtotal $1,173,795 DEBT SERVICE AND CAPITAL PROJECT FUNDS Series 2018 Prepayment Account Fund U.S. Bank 4.96% 10,750 Series 2018 Reserve Fund U.S. Bank 4.96% 384,542 Series 2018 Revenue Fund U.S. Bank 4.96% 690,166 Subtotal 1,085,459 Total $2,259,254 *A transfer from GF to DS in the amount of$ 16,581.00 will be on October 18, 2024. 8 Bank Account Statement ' 6 1 1 A 1 Heritage Bay CDD Bank Account No. 9050 Statement No. 09-24 Statement Date 09/30/2024 GL Balance(LCY) 450,729.79 Statement Balance 453,746.31 Outstanding Deposits 0.00 GL Balance 450,729.79 Positive Adjustments 0.00 Subtotal 453,746.31 Outstanding Checks -3,016.52 Subtotal 450,729.79 Ending Balance 450,729.79 Negative Adjustments 0.00 Ending G/L Balance 450,729.79 Document Posting Date Type Document No. Description Amount Cleared Amount Difference Outstanding Checks 08/21/2024 Payment 4294 Check for Vendor V00116 -3,016.52 Total Outstanding Checks -3,016.52 Outstanding Deposits Total Outstanding Deposits 9 9 0N0000 C) N 00 0 N. 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() o U U CV CV CV CV N N N CI a Z 0 o 0 o (Wn coW coW (Wn » > Q ¢ C 0 Q CC (n U)0 0 0 (n (n (n W W C U U U U c w in LI.1 al > > > > J J J E m CC (n (n (nV) „ co vc 0 .o o a F- I- I- I- ggg NN C) a o v) C� 0 a. 0 0 0 0 > > > Q Q Q °' m 0 w `o z (b oo w CC M M Q 0 V V NI- ,I- Ln co a) C) m 0 oz) co F- > v v v ‘I"C 0 0 re M M M M C.1 M 01 (n Cl) O- W as I U U J J _J J F F- Z Z W W W W >. ¢ ¢ CCo Z z ¢ ¢ 0 0 0 0 0 U 0 w W J J J J J J J Y J J J J J J J ¢ ¢ Y Y Y Y Y Y Y J J O ¢ ¢ ¢ ¢ ¢ ¢ ¢ ❑ ❑ O ¢ ¢ Q ¢ QQ rr a. 2 d' Q' CC Q' d' d' J J Q LL LL LL LL LL w Li_ 0 0 Z ZZZZZZZ CO (n I () v v v v v -a- v v v N N N N N CV CV CVN CVJ 0 M M M M M M M 0 CO C9 O O O� m O O (T 8 8 Q) O oC) o O O O O O O O O ,oW Y Y # it v c o Z W o 0 0 0 0 0 o w a a 3 z W x O o 0 0 0 0 0x 0 0 U. 0 U U 1611Al HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT Motion to Assign Fund Balance as of 9/30/24 The Board hereby assigns the FY 2024 Reserves as follows: Operating Reserves $ 101,981 Reserves —Lake Erosion Control $ 14,687 Reserves — Lakes $ 361,725 Reserves — Stormwater System $ 95,585 161141 951 Yamato Road •Suite 280 (0**- Boca Raton, Florida 33431 Grau & Associates (561) 994-9299 • (800)299-4728 Fax(561) 994-5823 ___j i CERTIElED PUBLIC ACCOUNTANTS www.graucpa.com September 14, 2024 To Board of Supervisors Heritage Bay Community Development District 210 N. University Drive, Suite 702 Coral Springs, FL 33071 We are pleased to confirm our understanding of the services we are to provide Heritage Bay Community Development District, Collier County, Florida("the District")for the fiscal year ended September 30, 2024.We will audit the financial statements of the governmental activities and each major fund, including the related notes to the financial statements,which collectively comprise the basic financial statements of Heritage Bay Community Development District as of and for the fiscal year ended September 30, 2024. In addition,we will examine the District's compliance with the requirements of Section 218.415 Florida Statutes. This letter serves to renew our agreement and establish the terms and fee for the 2024 audit. Accounting principles generally accepted in the United States of America provide for certain required supplementary information (RSI), such as management's discussion and analysis (MD&A), to supplement the District's basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational,economic, or historical context.As part of our engagement,we will apply certain limited procedures to the District's RSI in accordance with auditing standards generally accepted in the United States of America. These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. The following RSI is required by generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited: 1) Management's Discussion and Analysis 2) Budgetary comparison schedule The following other information accompanying the financial statements will not be subjected to the auditing procedures applied in our audit of the financial statements, and our auditor's report will not provide an opinion or any assurance on that information: 1) Compliance with FL Statute 218.39(3)(c) Audit Objectives The objective of our audit is the expression of opinions as to whether your financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the financial statements as a whole. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and will include tests of the accounting records of the District and other procedures we consider necessary to enable us to express such opinions.We will issue a written report upon completion of our audit of the District's financial statements.We cannot provide assurance that an unmodified opinion will be expressed. Circumstances may arise in which it is necessary for us to modify our opinion or add emphasis-of-matter or other-matter paragraphs. If our opinion on the financial statements is other than unmodified, we will discuss the reasons with you in advance. If,for any reason,we are unable to complete the audit or are unable to form or have not formed an opinion,we may decline to express an opinion or issue a report, or may withdraw from this engagement. We will also provide a report (that does not include an opinion) on internal control related to the financial statements and compliance with the provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a material effect on the financial statements as required by Government Auditing Standards.The report on internal control and on compliance and other matters will include a paragraph that states (1) that the purpose of the report is solely to describe the scope of testing of internal control and compliance, and the results of that testing, and not to provide an opinion on the effectiveness of the District's internal control on compliance, and (2)that the report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the District's internal control and compliance. The paragraph will also state that the report is not suitable for any other purpose. If during our audit we become aware that the District is subject to an audit requirement that is not encompassed in the terms of this engagement, we will communicate to management and those charged with governance that an audit in accordance with U.S. generally accepted auditing standards and the standards for financial audits contained in Government Auditing Standards may not satisfy the relevant legal, regulatory, or contractual requirements. Heritage Bay Community Development District 16 11 A 1 2 Examination Objective The objective of our examination is the expression of an opinion as to whether the District is in compliance with Florida Statute 218.415 in accordance with Rule 10.556(10)of the Auditor General of the State of Florida. Our examination will be conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants and will include tests of your records and other procedures we consider necessary to enable us to express such an opinion. We will issue a written report upon completion of our examination of the District's compliance.The report will include a statement that the report is intended solely for the information and use of management,those charged with governance,and the Florida Auditor General, and is not intended to be and should not be used by anyone other than these specified parties. We cannot provide assurance that an unmodified opinion will be expressed. Circumstances may arise in which it is necessary for us to modify our opinion or add emphasis-of-matter or other-matter paragraphs. If our opinion on the District's compliance is other than unmodified,we will discuss the reasons with you in advance. If,for any reason,we are unable to complete the examination or are unable to form or have not formed an opinion,we may decline to express an opinion or issue a report, or may withdraw from this engagement. Other Services We will assist in preparing the financial statements and related notes of the District in conformity with U.S. generally accepted accounting principles based on information provided by you. These nonaudit services do not constitute an audit under Government Auditing Standards and such services will not be conducted in accordance with Government Auditing Standards. The other services are limited to the financial statement services previously defined. We, in our sole professional judgment, reserve the right to refuse to perform any procedure or take any action that could be construed as assuming management responsibilities. Management Responsibilities Management is responsible for compliance with Florida Statute 218.415 and will provide us with the information required for the examination.The accuracy and completeness of such information is also management's responsibility.You agree to assume all management responsibilities relating to the financial statements and related notes and any other nonaudit services we provide. You will be required to acknowledge in the management representation letter our assistance with preparation of the financial statements and related notes and that you have reviewed and approved the financial statements and related notes prior to their issuance and have accepted responsibility for them. In addition, you will be required to make certain representations regarding compliance with Florida Statute 218.415 in the management representation letter. Further, you agree to oversee the nonaudit services by designating an individual, preferably from senior management, who possesses suitable skill, knowledge, or experience; evaluate the adequacy and results of those services; and accept responsibility for them. Management is responsible for designing, implementing and maintaining effective internal controls, including evaluating and monitoring ongoing activities,to help ensure that appropriate goals and objectives are met;following laws and regulations; and ensuring that management and financial information is reliable and properly reported. Management is also responsible for implementing systems designed to achieve compliance with applicable laws, regulations, contracts,and grant agreements.You are also responsible for the selection and application of accounting principles, for the preparation and fair presentation of the financial statements and all accompanying information in conformity with U.S. generally accepted accounting principles, and for compliance with applicable laws and regulations and the provisions of contracts and grant agreements. Management is also responsible for making all financial records and related information available to us and for the accuracy and completeness of that information. You are also responsible for providing us with (1) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, (2)additional information that we may request for the purpose of the audit, and (3) unrestricted access to persons within the government from whom we determine it necessary to obtain audit evidence. Your responsibilities include adjusting the financial statements to correct material misstatements and for confirming to us in the written representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving(1)management, (2)employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees,former employees,grantors, regulators,or others. In addition,you are responsible for identifying and ensuring that the government complies with applicable laws, regulations, contracts, agreements, and grants and for taking timely and appropriate steps to remedy fraud and noncompliance with provisions of laws, regulations, contracts or grant agreements, or abuse that we report. Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying and providing report copies of previous financial audits, attestation engagements,performance audits or other studies related to the objectives discussed in the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or other studies. You are also responsible for providing management's views on our current findings, conclusions, and recommendations, as well as your planned corrective actions, for the report, and for the timing and format for providing that information. With regard to the electronic dissemination of audited financial statements,including financial statements published electronically on your website, you understand that electronic sites are a means to distribute information and, therefore, we are not required to read the information contained in these sites or to consider the consistency of other information in the electronic site with the original document. Heritage Bay Community Development District 3 Audit Procedures—General 16 I 1 A 1 An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested.An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from (1)errors, (2)fraudulent financial reporting, (3)misappropriation of assets, or(4)violations of laws or governmental regulations that are attributable to the government or to acts by management or employees acting on behalf of the government. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse. Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us, even though the audit is properly planned and performed in accordance with U.S. generally accepted auditing standards and Government Auditing Standards. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. Our responsibility as auditors is limited to the period covered by our audit and does not extend to later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories,and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will require certain written representations from you about your responsibilities for the financial statements;compliance with laws, regulations,contracts,and grant agreements;and other responsibilities required by generally accepted auditing standards. Audit Procedures—Internal Control Our audit will include obtaining an understanding of the government and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature,timing,and extent of further audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. An audit is not designed to provide assurance on internal control or to identify significant deficiencies or material weaknesses. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards and Government Auditing Standards. Audit Procedures—Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the District's compliance with the provisions of applicable laws, regulations, contracts, agreements, and grants. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. Engagement Administration, Fees,and Other We understand that your employees will prepare all confirmations we request and will locate any documents selected by us for testing. The audit documentation for this engagement is the property of Grau & Associates and constitutes confidential information. However, subject to applicable laws and regulations, audit documentation and appropriate individuals will be made available upon request and in a timely manner to a cognizant or oversight agency or its designee, a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of Grau & Associates personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend,or decide,to distribute the copies or information contained therein to others, including other governmental agencies. Notwithstanding the foregoing,the parties acknowledge that various documents reviewed or produced during the conduct of the audit may be public records under Florida law. The District agrees to notify Grau & Associates of any public record request it receives that involves audit documentation. Our fee for these services will not exceed $4,300 for the September 30, 2024 audit, unless there is a change in activity by the District which results in additional audit work or if additional Bonds are issued. Grau &Associates and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees. Grau agrees and acknowledges that the District is a public employer subject to the E-Verify requirements as set forth in Section 448.095, Florida Statutes, and that the provisions of Section 448.095, Florida Statutes apply to this Agreement. If the District has a good faith belief that the Grau has knowingly hired, recruited or referred an alien who is not authorized to work by the immigration laws or the Attorney General of the United States for employment under this Agreement, the District shall terminate this Agreement. If the District has a good faith belief that a subcontractor performing work under this Heritage Bay Community Development District H41 Agreement knowingly hired, recruited or referred an alien who is not duly authorized to work by the immigration laws or the Attorney General of the United States for employment under this Agreement, the District shall promptly notify Grau and order Grau to immediately terminate the contract with the subcontractor. Grau shall be liable for any additional costs incurred by the District as a result of the termination of a contract based on Grau's failure to comply with E-Verify requirements evidenced herein, We will complete the audit within prescribed statutory deadlines, with the understanding that your employees will provide information needed to perform the audit on a timely basis.We acknowledge that the District must submit its annual Audit to the Auditor General no later than nine (9) months after the end of the audited fiscal year. Accordingly, for fiscal year ended September 30, 2024, we will deliver a final audit report no later than May 1, 2025. All accounting records(including, but not limited to,trial balances,general ledger detail,vendor files, bank and trust statements, minutes, and confirmations)for the fiscal year ended September 30, 2024 must be provided to us no later than January 1, 2025, in order for us to deliver a final audit report no later than May 1,2025. The audit documentation for this engagement will be retained for a minimum of five years after the report release date. If we are aware that a federal awarding agency or auditee is contesting an audit finding, we will contact the party(ies)contesting the audit finding for guidance prior to destroying the audit documentation. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. Invoices will be submitted in sufficient detail to demonstrate compliance with the terms of this agreement. In accordance with our firm policies, work may be suspended if your account becomes 60 days or more overdue and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination,even if we have not completed our report.You will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket costs through the date of termination. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary,we will discuss it with you and arrive at a new fee estimate. This agreement may be renewed each year thereafter subject to the mutual agreement by both parties to all terms and fees. The fee for each annual renewal will be agreed upon separately. The District has the option to terminate this agreement with or without cause by providing thirty (30) days written notice of termination to Grau&Associates. Upon any termination of this agreement, Grau &Associates shall be entitled to payment of all work and/or services rendered up until the effective termination of this agreement, subject to whatever claims or off-sets the District may have against Grau&Associates. We will provide you with a copy of our most recent external peer review report and any letter of comment, and any subsequent peer review reports and letters of comment received during the period of the contract. Our 2022 peer review report accompanies this letter. We appreciate the opportunity to be of service to Heritage Bay Community Development District and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Very truly yours, Grau&Associates Antonio J.Grau RESPONSE: This letter corre orth the understanding of Heritage Bay Community Development District. By: [� irl'} �^'? �+ M r:/�,� Title: "rtIZ..i�.4) )1 4 A w Cn Date: ti Ov t 71 2-6 z4 Heritage Bay Community Development District 1 5 tr4 Peer Review CPA �,. AICPA Program Florida Institute of Certified Public Accountants FICPA Peer Review Program AICPA Peer Review Program Administered in Florida Administered in Florida Institute of CPAs by the Florida Institute of CPAs March 17,2023 Antonio Grau Grau&Associates 951 Yamato Rd Ste 280 Boca Raton, FL 33431-1809 Dear Antonio Grau: It is my pleasure to notify you that on March 16, 2023, the Florida Peer Review Committee accepted the report on the most recent System Review of your firm.The due date for your next review is December 31, 2025. This is the date by which all review documents should be completed and submitted to the administering entity. As you know, the report had a peer review rating of pass. The Committee asked me to convey its congratulations to the firm. Thank you for your cooperation. Sincerely, (]� �7 r f(P Iy Pan ge4, Lid f`"bffr►sw 4t Peer Review Team FICPA Peer Review Committee 850.224.2727,x5957 cc: Daniel Hevia, Racquet McIntosh Firm Number: 900004390114 Review Number. 594791 119 S Monroe Street,Suite 121 I Tallahassee,FL 323011 850.224.2727,in Florida 1 www.ficpa.org 16I1A1 6INFRAMARK INFRASTRUCTURE MANAGEMENT SERVICES HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT September 5, 2024 — CDD Meeting Board of Supervisors Edwin Hubbard, Chairman Justin Faircloth, District Manager F. Jack Arcurie, Vice Chairman Gregory L. Urbancic, District Counsel Steven Bachenberg, Assistant Secretary Albert Lopez, District Engineer Allen Soucie, Assistant Secretary Vacant, Assistant Secretary The next meeting is scheduled for Thursday, November 7, 2024 at 9:00 A.M. Deadline for agenda packet submissions is Friday 10/25/24 by noon. Action Items 1. District Manager—Obtain proposal from DLC for pursuing action with FEMA due to the recent Supreme Court decision in the Chevron case and include in the 11/7/24 agenda packet. 2. District Manager— Have SOLitude lake 4 willow removal proposal executed and submit to Recording. 3. District Manager— Monitor lake 14 interconnects. 4. District Manager— Monitor lake 20 west bank mitigation area for littoral regrowth. 5. District Manager— Have CSEI complete the contract and FY2024 repairs to lakes 4, 6, 15, 19, & 20. 6. District Manger— Have goals and objectives report posted to the District's website by 12/1/2025 as required by HB7013. 7. District Manager—Complete the November 14th quarterly review with Supervisor Arcurie & SOLitude. 8. Engineer— Have FY2025 WQ work completed and March 2025 water quality work scheduled with Supervisor Soucie. 9. Engineer—Complete report of September WQ testing and distribute for inclusion in the 11/7/24 agenda packet. 10. Engineer—Attend the April 2025 quarterly inspection to complete the requirements adopted by the Board as required by HB7013 at their 7/11/24 meeting. 11. Recording — Publish the FY2025 budget and post on the District's website as required. 12. Recording —Advertise the FY2025 meeting schedule as required. 13. SOLitude—Complete the Willow removal in the littoral shelf of lake 4 between the 14'h green and 15th tee box. 14. Supervisor Hubbard — Update the Lake Management Assessment list as needed. 16 11 A2 Naples Heritage Community Development District Inframark, Community Management Services 11555 Heron Bay Boulevard, Suite 201, Coral Springs, Florida 33076 Telephone (954) 282-0070 DATE: January 14, 2025 TO: Marty Rustin Collier Clerk's Office m i n ute sandrecord s(a,collierc lerk.com FROM: Janice Swade Lead District Administrative Assistant RE: Minutes of the November 5, 2024 Meeting as Approved at the January 7, 2024 Meeting Enclosed for your records is a copy of the minutes and corresponding attachments from the above referenced meeting of the Naples Heritage Community Development District, which are to be kept on file for public access during normal business hours. Cc: Mr. Gregory Urbancic gurbancic@cyklawfi.rm.com Gm@nhgcc.com 16I1A2 MINUTES OF MEETING NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of the Naples Heritage Community Development District was held Tuesday,November 5, 2024 at 9:00 a.m. at Naples Heritage Golf & Country Club Clubhouse, located at 8150 Heritage Club Way,Naples, Florida 34112. Present and constituting a quorum were: Kenneth Gaynor Chairperson Gordon Mettam Vice Chairperson Gary Lukens Assistant Secretary Georgiann Schulte Assistant Secretary Philip Smith Assistant Secretary Also present were: Justin Faircloth District Manager Greg Urbancic District Counsel Tim Richards Naples Heritage Golf& Country Club Various Residents Following is a summary of the discussions and actions taken. FIRST ORDER OF BUSINESS Roll Call Mr. Faircloth called the meeting to order, and called the roll.A quorum was established. SECOND ORDER OF BUSINESS Approval of Agenda There being no amendments, On MOTION by Mr. Smith, seconded by Mr. Mettam, with all in favor,the agenda for the meeting was approved, as presented. (4-0) THIRD ORDER OF BUSINESS Public Comment on Agenda Items There being no comments from the public, the next order of business followed. A2 November 5, 2024 Meeting Naples Heritage CDD FOURTH ORDER OF BUSINESS Organizational Matters A. Acceptance of Resignation of Gerald James and Declaration of Seat 4 Vacant On MOTION by Mr. Smith, seconded by Mr. Mettam, with all in favor, the resignation of Mr. James was accepted, and Seat 4 was declared as Vacant. (4-0) B. Consideration of Supervisor to Fill Vacant Term Seat 4 On MOTION by Mr. Mettam, seconded by Mr. Smith, with all in favor, Mr. Gary Lukens was appointed to fill the remainder of the term for Seat 4. (4-0) C. Oath of Office for Newly Appointed Supervisor Mr. Faircloth, a Certified Notary Public for the State of Florida, administered the Oath of Office to Mr. Lukens, a copy of which will be attached hereto as part of the public record. D. Consideration of Resolution 2025-01 —Election of Officers • Mr. Mettam nominated Mr. Gaynor to service as Chairperson. • Mr. Gaynor nominated Mr. Mettam to serve as Vice Chairperson. On MOTION by Mr. Smith, seconded by Mr. Mettam, with all in favor, Resolution 2025-01, Electing Officers of the Board of Supervisors, with Mr. Gaynor as Chairperson, Mr. Mettam as Vice Chairperson, Mr. Faircloth as Secretary, Ms. Popelka as Treasurer, Ms. Montagna as Assistant Treasurer, Mr. Lukens, Ms. Schulte and Mr. Smith as Assistant Secretaries, was adopted. (5-0) FIFTH ORDER OF BUSINESS Attorney's Report A. Goals & Objectives Draft Memo Discussion The Board discussed the memo. On MOTION by Mr. Mettam, seconded by Ms. Schulte, with all in favor,the Goals & Objectives Memo,with the removal of Goal 2.2, was approved. (5-0) 2 16I1Ae November 5, 2024 Meeting Naples Heritage CDD SIXTH ORDER OF BUSINESS New Business A. Parcel Use Discussion • The Club expressed the need in the area for additional parking at the pickleball courts along Stoneybrook Drive. • The Board discussed the possible sale of the first roundabout along Stoneybrook Drive to the Club. • The Board was in agreement to cooperate with the Club, and allow the Club to lead the exploratory work to determine the area they would propose to purchase,prepare a valuation of the property, and coordinate with District staff on any assets that would need to be relocated, or easements preserved if the property was sold. B. Collier County Discussion—Stoneybrook Drive/Tract J4 Inquiry • Mr. Faircloth provided a status update on issues with the sewer piping along Tract J4, the complaint received from a resident and subsequent communications with the County regarding ownership and maintenance responsibility. The Board requested Mr. Urbancic follow up with the County attorney on the issue. C. Collier County Right of Entry—Debris Collection Agreement On MOTION by Ms. Schulte, seconded by Mr. Mettam, with all in 1 favor, the District Manager was authorized to complete the Collier County Right of Entry Form for the District on an annual basis. (5- 0) D. Lake 15/Hole#13—Aeration Discussion i. Bentley Electric Surge Protection Proposal 24-458 On MOTION by Mr. Smith, seconded by Mr. Mettam, with all in favor, Bentley Electric Proposal 24-458 in the amount of$1,200 for installation of surge protection on the aeration equipment on Lake 15, was approved. (5-0) SEVENTH ORDER OF BUSINESS Old Business A. Club Updates i. Colonial Court Melaleuca Removal • Mr. Gaynor noted the work was still in process. 3 6 ` A2 November 5, 2024 Meeting Naples Heritage CDD ii. Colonial Court Fence Installation • Mr. Gaynor noted the work was still in process. B. FY 2025 Lake Bank Restoration Discussion The Board tabled this discussion. C. Colonial Court West Preserve Planting Discussion • Mr. Gaynor noted the work had been completed. EIGHTH ORDER OF BUSINESS 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 FY 2023 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 Mr. Faircloth presented the Consent Agenda and requested any additions, comments corrections or deletions. • The Board asked questions regarding the Financial Report,and requested additional line items be included in the FY 2026 draft budget for field items, so that less items need to be allocated to Field-Misc. Contingency going forward. On MOTION by Mr. Smith, seconded by Mr. Lukens, with all in favor, the Consent Agenda, consisting of the items as listed above, was approved. (5-0) NINTH ORDER OF BUSINESS District Manager's Report A. Assignment of Fund Balance On MOTION by Ms. Schulte, seconded by Mr. Mettam, with all in favor,the Assignment of Fund Balance was approved. (5-0) B. Presentation of 2"d and 3rd Quarter Website Audit Compliance Reports The reports were presented for review by the Board. 4 1 November 5,2024 Meeting N © � A aple s Hentage CDD C. SOLitude Lake Management Service Reports The reports were presented for review by the Board. D. Follow-Up Items i. FY 2024 Audit Engagement Letter Update • Mr. Faircloth noted a prior engagement letter had previously been signed, and included the FY 2024 audit. TENTH ORDER OF BUSINESS Engineer's Report A. SFWMD Individual Environmental Resource Permit#11-109069-P for Nature Trail The Letter from SFWMD was provided for review by the Board. ELEVENTH ORDER OF BUSINESS Supervisor Comments A. Supervisor Gaynor B. Supervisor Schulte There being no comments,the next item followed. C. Supervisor Mettam • Mr. Mettam informed Mr. Lukens that ethics training was required to be completed by the end of the year. D. Supervisor Smith E. Supervisor Seat 4 There being no comments,the next order of business followed. TWELFTH ORDER OF BUSINESS Audience Comments • A resident inquired about roadway dumpster aprons and drainage items. THIRTEENTH ORDER OF BUSINESS Adjournment There being no further business, Mr. Gaynor adjourned the meeting at 10:32 a.m. Z—p...../A54(7wv Kenneth Gayno Chairperson 5 16 I1A2 Naples Heritage Community Development District 16 I 1 A 2 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 16I1A2 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.naplesheritagecdd.com * LocaliQ 16I1A2 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 ClubNaples Golf Clubhouse,8150HeritageCountry Club 210 N University DR#702 Way,Naples,Florida at 9:00 a.m.as follows: Coral Springs FL 33071-7320 November 5,2024 January 7,2025 March 4,2025(FY 2026 Budget Approval) April 025 STATE OF WISCONSIN,COUNTY OF BROWN May 6,2025(FY 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 ublished in Collier Count , Florida;that the attached copy y at the above location and be fullyInformed of the discussions taking of advertisement, beingLegal Ad in the matter of Public Place.Meetings may be continued to aa date,time and location to be speci- fiedNotices,waspublished on the publiclyaccessible website of on thea 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 tram 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.noplesheritagecdd.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 st in yP Pursuant torict theformation.provisions of the with all legal requirements for publication in chapter 50, person Americans irinspecal Disabilities 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.cgal erk j / Is Each pers n who deato t appeal /'l/�/�'// y� ^ any action taken ce these andmeetings hat y�i `/G4� ` advised that person will need o record of the proceedings and that Notary,State O fWttl�' f11t11 accordingly,the person may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which L.515 such appeal is to be based. Justin Faircloth District Manager 10/12/24 Y10667100 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 HEY M N Notary Public State of Wisconsin Page 1 of 1 16 11 A2 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. Gerald G. James 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.) 1611A2 NEW SUPERVISOR INFORMATION SHEET PLEASE RETURN COMPLETED FORM TO RECORDING SECRETARY: Inframark 210 North University Drive Suite 702 Coral Springs, Florida 33071 CDD: NAME: Q ACC N ...�3?—b-1 S ADDRESS: +ckco £ a� �. COIINTY OF RESIDENCE: C o'--`-� C- PHONE: S-2)C-�o •c\C.G- \"3 FAX: CELL: S�► - FMAII.AnnRLSS• T..s.,••-•coz.r•c- 16UA .e OATH OF OFFICE (Art. II. § 5(b),Fla. Const.) STATE OF FLORIDA County of Collier I do solemnly swear (or affirm) that I will support, protect, and defend the Constitution and Government of the United States and of the State of Florida; that I am duly qualified to hold office under the Constitution of the State, and that I will well and faithfully perform the duties of Naples Heritage Community Development District Seat y— o,t, ,-145 o T (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.] Signature (Affix Seal Below) Sworn to and subscribed before me by means of L physical presence Or online notarization this ,j day of /J/,.,V,w , 20 ature of Officer Administering Oath or of Notary Public ,z-G,__ Print, Type, or Stamp Commissioned Name of Notary Public Personally KnownEl or Produced Identification J JSTINT.FAIRCIOTH _•: ;� t�,ty0014Ma 8�SSION#Hit Type of Identification Produced .".' Z.,•'�-�S` + «' WIRES:Myth 1,2027 ACCEPTANCE I accept the office listed in the above Oath of Office. Mailing Address: Home eg Office El a`tss� k\ .N. OFa9-1 c .\,WEE. Street or Post Office Box Print Name City,State,Zip Code Signature DS-DE 56(Rev.09/23) 16I1A2 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 1'HE BOARD OF SUPERVISORS OF THE NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT: The following persons were elected to the offices shown, to wit: (e.-0.4-t..14— Chairperson Q 4Y-4D Vice Chairperson Justin Faircloth Secretary Leah Popelka Treasurer Angel Montagna Assistant Treasurer , Assistant Secretary Assistant Secretary / S/P/ Assistant Secretary PASSED AND ADOPTED THIS, 51.11 DAY OF NOVEMBER, 2024. Chairperson stin Faircloth ecretary 16I1A2 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: 16 I 1 A 2 Goals, Objectives, and Annual Reporting Form 1611A2 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. 16I1Ae Standard: Minimum of one inspection was completed in the fiscal year by the District's engineer. Achieved: Yes ❑ No El 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 ❑ 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 1611A2 ya T 1 ) . . ' • ...- „11,20- • •114,11 -V IP . .. # . „i: ....... i * • r A a• - .1 4 k k . 116k- 114,.P. t ..AllIf - Pi .14 lwr, 1 .y k, , 14 .. �•'''/ Flo^ta D 4 �- / , -4.*:xx? _ II -._. d r ' , t . i .� •.., am , Bentley Electric Co of Naples FL Inc. Proposal 24-458 1.6 11 A 2 P.O. BOX 10572 NAPLES, FL 34101 239-643-5339 bentleyl @bentleyelectric.com ADDRESS Naples Heritage CDD DATE TOTAL cioINFRAMARK 10/24/2024 $1,200.00 210 UNIVERSITY DR, STE 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. I6I1A2 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 16I1A2 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 ioi1A2 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 16I1A2 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 1611A2 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: 2l.F stir Faircloth,Secretary Ken Gaynor,Chairman Dated: 1115r/2 CONTRACTOR: By: ()AA_ 1} Name: Cj T P N Cr`l E .N TL E Y Title: V' r Dated: l Z_ ADDENDUM TO AGREEMENT PAGE 5 Exhibit"A" T „ AFFIDAVIT OF COMPLIANCE WITH ANTI-HUMAN TRAFFICKING LAWS State of F-L County of Co L.I,IER In accordance with Section 787.06 (13), Florida Statutes, the undersigned, on behalf of a T1 E Y E LE�-TRAL <c (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. Si lure Printed Name: Tte1-1Ey.. Title: P Contractor: i rL GY Et C.- A 1 L Date: (1 J 3c ) SWORN TO AND SUBSCRIBED before me by means of [ '1 physical presence or [ 1 online notarization, this 3 day of 0 E._. , 2024, by rce te, i 1.>E`( , as .- Vt9 of ,who is[ -/ ]personally known to me or who produced[ [ as identification. Notary Public (Notary Seal) �„�r IAN DIAMGN: (iS. :'f "tat)' out ?ublk-State or Flonaa CammIwon a HH;99767 I My Comm.Expires May I S.2027 !areee thraush National Notary Assn. aommamminsimemmosmonwNwurviram ADDENDUM TO AGREEMENT PARE 6 16 11 AZ NAPLES HERITAGE Community Development District Financial Report September 30, 2024 Prepared by 6INFRAMARK 141RACTRU::"URF `.1,\Af:11.1U.1 ti(R.,;((c NAPLES HERITAGE 16 I 1 A 2 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 16I1A2 NAPLES HERITAGE Community Development District Financial Statements (Unaudited) September 30, 2024 NAPLES HERITAGE it) 11 A2 Community Development District General Fund Balance Sheet September 30, 2024 ACCOUNT DESCRIPTION TOTAL ASSETS Cash-Checking Account $ 32,127 Due From Other Gov'tl 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 A 2 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 1611A2 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 16t1A2 NAPLES HERITAGE Community Development District Supporting Schedules September 30, 2024 NAPLES HERITAGE 16 11 A 2 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 16 I 1 A 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 16I1A2 ,O 0 0 O O M N O O g2 O O i0 0 0 N M N M O 0 0 0 0 m 0 0 0 1� 4 0 0 N M N N O O 7 m M m 0 N o N 'm,0 M e O O w,a 0 0 M N O M a 0 N O M I� CD N e M a O M e O N O O N M e N O e M e O O 0 m 0 a m m 0 0 0 n 0,O r m N o0 E. 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J J pE Z o Q J°°W Y H Y wg0 ET 22 2 2 2 S S S S S ISIS III MIMS IS 2 IS SI 22 2 SIM 2 SI S Q k k° G_ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 W W W 7 w Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Z Z LL f_ a Z z a a a a a a... a a a a a a a a a.a a a a a a a a a a a a a a a R a..... . a a a a a"Q Q D O Q LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL a LL a LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL z 0 0 0 CO Z d N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N 0 0 0 o a o 0 0 0 0 0 0 0 0 0 0 0 o m N m m m m O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 O M Y N 11pO r m 0" N M V N O r O m 0 .-N M V N O r O m N N O N O r O m 0 N M .Z O O O O O O O O N N N N N N N N N M M l2 M M M M M M O O O O O r N N N N N N N N N N N cl N N N N N 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 o 0 0 0 0 0 0 0 0 0 a 0 0 0 0 0 0 0 U Q a c o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 LL Z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 16I1Az NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT COLLIER COUNTY, FLORIDA FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2023 16I1A2 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 16I1A2 951 Yamato Road • Suite 280 Boca Raton, Florida 33431 Graze & 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. i6t1A2 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 16I1A2 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 i6iiA2 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 1.611Ae 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 16 11 A2 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 16I1A2 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 16 A2 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 1611A2 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 1611A2 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 t61142 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 1611A2 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 1611A2 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 16I1A2 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 16 11 A2 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 1611A2 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 Governmental 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 Governmental 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 16I1A2 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 1611A2 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 16I1A2 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 16I1A2 951 Yamato Road • Suite 280 ....) Boca Raton, Florida 33431 Associates Fa61(691) 994 582300)299 4728 ri 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 161142 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 16I1A2 ,r— 951 Yamato Road • Suite 280 // Boca Raton, Florida 33431 Grau & Associates (561) 994-9299 • (800)299-4728 Fax (561) 994-5823 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 16I1A2 951 Yamato Road • Suite 280 Boca Raton, Florida 33431 Grau & 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 16I1A2 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 1611A2 SQLITUDE 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 1.00 $588.00 $588.00 Taxes may be applicable Total Price $713.00 Quote Acceptance Information Signature �G 9 Jus Fairxloth Name D'strict Manager Title Date 6/22/24-Per Resolution 2021-01 after direction from the Chair. { • � 4 1b - < , - ' 't...1.% ., '. ' :v c i,il .,, , , .,* 8 . „, . . . . v...,..,... Atit..._, _ . iv tis.-...--w,.:4-i - . .. ,. ---,,,- ,-_ , -_ y. -. L MANAGEMENT. : • 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 1611A2 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) SOLITUDELAKEMANAGEMENT.COM 1611AZ 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 1611.A2 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: _ 4-11-41 Printed Name: Printed Nal,n : 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 InGarnark 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) 1 SOLITUDELAKEMANAGEMENT.COM 1611Ae 2024 Aeration Installation Services Contract Naples Heritage CDD(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 1/4" 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) i SOLITUDELAKEMANAGEMENT.COM 16I1 .Ae 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 i6I1A2 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 1611A2 :174' 4 f 0 • • t • "I ti a .. at c,.., .r, 44 . i .13 r Alo '.• - el I:1.01 bA ` op :H., 1 -7 1r. It am+ •; •� •• j r lit •• .. N.t+a i 44. -, • * ,z,., ... 0, ,; , { 1 I" ;::111;j: • - • a") X Z . r (1)IS A , • • O O I-- Lo �Y N LO O IN- V• V' CI .- CD N ilims O 45 X N CD M O) U Ili� N- O ,itii,,,,ii ci- (11)-- •' X N bG a E W '� U E c J 1 y Q-g' O (> 7).., . (7 - vl p O Gi < M x , J ENS oa 'Co' u) m y . c, >' 0 o s - ce a� m CD o al = iil Uam c � � c. a L g ` roN % ° ? v� 1(> = lE� C Ol ei ? 0 . � � flU CD 4t000E- 0 o 16I1A2 SGILITUDE LAKE MANAGEMENT Property Name Naples Heritage CDD-FBA 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 Informationor Signaturegz.,_ /n•'72 Name s n 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 —wgoing-eentract-with the District. l +tI1A2 ScA4. P ANT I INT G Aispnaii Paving & seal coating 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: i 6 I A2 A-75 Public Public Risk Underwriters of Florida, Inc. 11111 Risk - Underwriters P O Box 958455, Lake Mary, FL 32795 321-832-1450 ln.Yuranre Solutions liar 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 161142 A-75 PreferredLad VERNMENTAL PUBLIC ENTITY INSURANCE TRUST 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. c/o 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 16I1A2 A-75 Preferred INSURANCE TRUST 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 16I1A2 PreA-75 erre VERNMENTAL N�SURANCETRUST 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 16I1Aa A-75 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 1611A2 A-75 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 1611A2 A-75 PreferredVEHNMENIAL PUBLIC ENTITY INSURANCE TRUE 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 $o Sewer Backup & Water Damage Coverage $o Pesticide/ Herbicide Limit $o 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 1.6 11 42 A-75 Preferred�' VERNMENTAL NSURA CETRUST 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 16I1A2 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 16 , 142 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 PGIT MN 200(10 24) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 3 Print Date:10/23/2024 16I1Ae A-75 (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." PGIT MN 200(10 24) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 4 Print Date:10/23/2024 16I142 A-75 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. PGIT MN 200(10 24) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 5 Print Date.10/23/2024 1611A2 A-75 (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 PGIT MN 200(10 24) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 6 Print Date:10/23/2024 16I1A2 A-75 "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: PGIT MN 200(10 24) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 7 Print Date:10/23/2024 16I1A2 A-75 (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 PGIT MN 200(10 24) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 8 Print Date:10/23/2024 1A0511Ae (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 PGIT MN 200(10 24) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 9 Print Date:10/23/2024 16I1A .e A-75 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. PGIT MN 200(10 24) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 10 Print Date:10/23/2024 16I1Ai A-75 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. PGIT MN 200(10 24) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 11 Print Date:10/23/2024 16 11 A2 A-75 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. PGIT MN 200(10 24) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 12 Print Date:10/23/2024 16 71Ae 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. PGIT MN 200(10 24) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 13 Print Date:10/23/2024 ib11A2 A-75 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; PGIT MN 200(10 24) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 14 Print Date:10/23/2024 1611A2 A-75 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. PGIT MN 200(10 24) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 15 Print Date:10/23/2024 16I1A2 A-75 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. PGIT MN 200(10 24) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 16 Print Date:10/23/2024 16I1Ae A-75 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 PGIT MN 200(10 24) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 17 Print Date:10/23/2024 16I 1 A2 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: PGIT MN 200(10 24) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 18 Print Date:10/23/2024 16I1AC A-75 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 PGIT MN 200(10 24) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 19 Print Date:10/23/2024 1Li1A2 A-75 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. PGIT MN 200(10 24) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 20 Print Date:10/23/2024 1611A2 A-75 Preferred IGOVERNMENTAL N ErU SNSRAT 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. PGIT MN-203(10 20) Page 1 Print Date:10/23/2024 i I 1 AZ A-75 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 . PGIT MN-203(10 20) Page 2 Print Date:10/23/2024 16I1A2 A-75 Preferred PUBLIC ENTITY INSURANCE TRUS 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 Print Date:10/23/2024 16 I1A2 A-75 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. PGIT MN-204(10 20) Includes copyrighted material of Insurance Services Office, Inc.with its permission Page 2 Print Date:10/23/2024 161, 1A2 PreferredPUBLIC ENTITY VERNMENL !� INSURANCE TRUS 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." PGIT MN-205(10 13) Page 1 Print Date.10/23/2024 16i1A2 A-75 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." PGIT MN-205(10 13) Page 2 Print Date:10/23/2024 1611A2 A-75 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 Print Date 10/23/2024 ibl1A2 A-75 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 Print Date:10/23/2024 1611A2 A-75 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: PGIT MN-206(10 13) Includes copyrighted material of Insurance Services Office, Inc.with its permission Page 1 Print Date.10/23/2024 PGIT MN 206 rpt 1ii1A � A-75 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. PGIT MN-206(10 13) Includes copyrighted material of Insurance Services Office, Inc.with its permission Page 2 Print Date.10/23/2024 PGIT MN 206 rpt 1•4I1A2 A-75 PreferredEhNivit,y,NL PUBLIC ENTITY NSURAnjrF TPI ICT 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 Print Date:10/23/2024 PGIT MN 025 18.rpt 16I1A2 A-75 Preferred GOVERNMETAL INSURANCE rTRUST 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 Print Date:10/23/2024 16I1A2 A-75 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. PGIT MN-500(10 24) Page 2 Print Date:10/23/2024 1611A2 A-75 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. PGIT MN-500(10 24) Page 3 Print Date:10/23/2024 16j51 A2 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. PGIT MN-500(10 24) Page 4 Print Date:10/23/2024 1611A2 A-75 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: PGIT MN-500(10 24) Page 5 Print Date:10/23/2024 1611A2 A-75 (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. PGIT MN-500(10 24) Page 6 Print Date:10/23/2024 1611A2 A-75 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. PGIT MN-500(10 24) Page 7 Print Date:10/23/2024 16I1A2 A-75 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, PGIT MN-500(10 24) Page 8 Print Date:10/23/2024 16 ( 1A2 A-75 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: PGIT MN-500(10 24) Page 9 Print Date.10/23/2024 16I1A2 A-75 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 nonrenewal. 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. PGIT MN-500(10 24) Page 10 Print Date 10/23/2024 1641 A2 A-75 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 PGIT MN-500(10 24) Page 11 Print Date:10/23/2024 16I1A2 A-75 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 PGIT MN-500(10 24) Page 12 Print Date:10/23/2024 16I1A2 A-75 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 Print Date:10/23/2024 16I1A2 A-75 Preferred IOU INSURANCE PUBLIC ENTITY 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 Print Date:10/23/2024 16I1A2 A-75 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 Indemnity 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. PGIT MN-700(10 24) Page 2 Print Date:10/23/2024 1611AZ A-75 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. PGIT MN-700(10 24) Page 3 Print Date.10/23/2024 16I1A2 A-75 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. PGIT MN-700(10 24) Page 4 Print Date:10/23/2024 16 J 71 A 2 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. PGIT MN-700(10 24) Page 5 Print Date:10/23/2024 1611AZ A-75 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; PGIT MN-700(10 24) Page 6 Print Date:10/23/2024 1_611A � 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 Print Date:10/23/2024 16I1A2 A-75 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. PGIT MN-700(10 24) Page 8 Print Date:10/23/2024 16I1A2 A-75 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. PGIT MN-700(10 24) Page 9 Print Date:10/23/2024 1611A2 A-75 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; PGIT MN-700(10 24) Page 10 Print Date:10/23/2024 I6I1A2 A-75 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. PGIT MN-700(10 24) Page 11 Print Date:10/23/2024 16I1A2 A-75 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. PGIT MN-700(10 24) Page 12 Print Date:10/23/2024 1611A2 A-75 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 PGIT MN-700(10 24) Page 13 Print Date:10/23/2024 16I1A2 A-75 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. PGIT MN-700(10 24) Page 14 Print Date:10/23/2024 16I1A2 A-75 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 PGIT MN-700(10 24) Page 15 Print Date:10/23/2024 16I1A2 A-75 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 1.6.3, 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. PGIT MN-700(10 24) Page 16 Print Date:10/23/2024 16I1A2 A-75 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 Liabilitvclaimsa..pgcs-tpa.com PGIT MN-700(10 24) Page 17 Print Date:10/23/2024 16I1A2 A-75 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 I.B.2 and I.B.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 Print Date:10/23/2024 1i I 1 A2 A-75 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. PGIT MN-700(10 24) Page 19 Print Date:10/23/2024 1611A2 A-75 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 Print Date:10/23/2024 1611Az A-75 PreferredVERNMENTAL PUBLIC ENTITY INSURANCE TRUST 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 PGIT MN-030(10 13) Includes Copyrighted material of Insurance Services Office, Inc. with its permission Page 1 Print Date:10/23/2024 PGIT MN 030.rpt 1611A2 A-75 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 Coy. 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. PGIT MN-030(10 13) Includes Copyrighted material of Insurance Services Office. Inc. with its permission Page 2 Print Date:10/23/2024 PGIT MN 030.rpt 16I1A2 A-75 Preferred %MVO 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. PGIT MN-300(10 24) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 1 Print Date:10/23/2024 1611A2 A-75 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 B.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: PGIT MN-300(10 24) Includes copyrighted material of Insurance Services Office, Inc.with its permission Page 2 Print Date:10/23/2024 161142 A-75 (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. PGIT MN-300(10 24) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 3 Print Date:10/23/2024 16 11 A2 A-75 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. PGIT MN-300(10 24) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 4 Print Date:10/23/2024 1611A2 A-75 (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. PGIT MN-300(10 24) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 5 Print Date:10/23/2024 16I1A2 A-75 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: PGIT MN-300(10 24) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 6 Print Date:10/23/2024 16I1A2 A-75 (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 PGIT MN-300(10 24) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 7 Print Date:10/23/2024 1611A2 A-75 (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. PGIT MN-300(10 24) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 8 Print Date:10/23/2024 16I1A2 A-75 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. PGIT MN-300(10 24) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 9 Print Date:10/23/2024 16I1 � � A-75 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 PGIT MN-300(10 24) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 10 Print Date:10/23/2024 1611A2 A-75 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. PGIT MN-300(10 24) Includes copyrighted material of Insurance Services Office, Inc.with its permission Page 11 Print Date:10/23/2024 16I1A2 A-75 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: PGIT MN-300(10 24) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 12 Print Date:10/23/2024 161142 A-75 (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. I. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: PGIT MN-300(10 24) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 13 Print Date:10/23/2024 1611A2 A-75 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. PGIT MN-300(10 24) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 14 Print Date:10/23/2024 16I1A2 A-75 PrefrrredERNMENTAL 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. PGIT MN 301(10 13) Page 1 Print Date:10/23/2024 16 .11A ? A-75 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. PGIT MN-301 (10 13) Page 2 Print Date:10/23/2024 16I1A ? Preerred A-75 1)(,1 I GOVERNMENTAL PUBLIC ENTITY INSURANCE 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) PGIT MN-309a(10 19) Includes copyrighted material of Insurance Services Office, Inc.with its permission Page 1 Print Date:10/23/2024 16I1A2 A-75 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. PGIT MN-309a(10 19) Includes copyrighted material of Insurance Services Office, Inc.with its permission Page 2 Print Date:10/23/2024 16 I A2 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." PGIT MN-309a(10 19) Includes copyrighted material of Insurance Services Office, Inc.with its permission Page 3 Print Date:10/23/2024 1611A2 A-75 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 PGIT MN-309a(10 19) Includes copyrighted material of Insurance Services Office, Inc.with its permission Page 4 Print Date:10/23/2024 1611A2 A-75 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". PGIT MN-309a(10 19) Includes copyrighted material of Insurance Services Office, Inc.with its permission Page 5 Print Date:10/23/2024 i611Aa A-75 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. PGIT MN-309a(10 19) Includes copyrighted material of Insurance Services Office, Inc.with its permission Page 6 Print Date:10/23/2024 16 11 A2 A-75 Preferred_I I VERNMENTAL PUBLIC ENTITY __ INSURANCE 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. PGIT MN 311(10 13) Includes copyrighted material of Insurance Services Office, Inc.with its permission Page 1 Print Date:10/23/2024 16 1 A2 A-75 PrefrrredERNMENTAL PUBLIC ENTITY INSURANCE 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. PGIT MN 312(10 13) Includes copyrighted material of Insurance Services Office, Inc.with its permission Page 1 Print Date:10/23/2024 161142 A-75 PrefrrredERNMENTAL PUBLIC ENTITY INSURANCE 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;" PGIT MN 900(10 13) Page 1 Print Date:10/23/2024 i6j71A2 "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. PGIT MN-900(10 13) Page 2 Print Date:10/23/2024 16I1A2 A-75 PreferredVERNMENTAL 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 1611A-2 A-75 Preferred NSURANCE TRUST PUBLIC ENTITY 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 16I1Q 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 16I1A2 A-75 Preferred CLAIM NOTICE 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 Preferred Lriters S AmeriSys* N NSURSURANCE CETRUS Services Insurance Soho ills tor Public Entities 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- work 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 fora 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 Deadly Weapon Event: 24 hr.Crisis Management Contact:Jon Barro Salas,Program Manager 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 1611A2 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 1 6 I 1 A 2 *el n i ® wetishe Accessibmtii with Campus Suite Quarterly Compliance Audit Report Naples Heritage Date: June 2024- 2nd Quarter Prepared for: Sandra Demarco Developer: Inframark Insurance agency: co Preparer: Q MA Jason Morgan - Campus Suite Compliance Z�• ADA Website Accessibility and Florida F.S. 189.069 Requirements O m 770,AClio 'Kn..- camp 16I1A2 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 1611A2 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 16I1A2 ErFlorida 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 16I1A? 0 ADA Website Accessibility Result: PASSED 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 161142 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 16 11 A2 Accessibility overview Everyone deserves equal access. 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 and federal laws. Web accessibility not only keeps (Sog ? 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 1 Act, Sec. 504 and 508 of the Rehabilitation Act M 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 1611A2 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 16I1A2 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.org/techniques/skipnav Easy 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/ aimm Ulm Properly formatting tables ism 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 16I1A2 QMaking 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 i 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: http1/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 16I142 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. ` 1 • 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 i611A2 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 16I1A2 *LI © with Campus suite • • /1 Quarterly Compliance Audit Report Naples Heritage Date: October 2024- 3rd Quarter Prepared for: Sandra Demarco Developer: Inframark Insurance agency: Preparer: Q>L� CoMiOI Susan Morgan -SchoolStatus Compliance ADA Website Accessibility and Florida F.S. 189.069 Requirements o m 1611A2 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 16114 ? 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 1611A2 Florida Statute Compliance LJ 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 16 11 A2 0 ADA Website Accessibility Result: PASSED 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 i611A2 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 I6I1A2 Accessibility overview Everyone deserves equal access. 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 and611 I Ill 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 __ MI 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 16I1A2 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.org/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. ee Text alternatives for non-text content ee 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 16 1142 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.org/techniques/skipnav Cc Easy 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.orq/techniques/sitetools/ mom m Properly formatting tables ono 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 16I1A2 OMaking 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 o 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 41 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 ee Alternate versions ee 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 16I1A2 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. / 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 16I1A-2 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 161142 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 Aa SQLITUDE 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 16I1A2 SQLITUDE 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 Product Work 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 16I1A2 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 16 11 42 SGLITUDE 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 16I1A2 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 1 6 1 1 A 2 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 6i1A2 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 16I1A2 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 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 16 I 1 A2 SQLITUDE LAKE MANAGEMENT Account Naples Heritage COD 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 16 11 A2 SQLITUDE LAKE MANAGEMENT Account Naples Heritage CDD Work Order 00693120 Contact Justin Faircioth 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 1611A2 SQLITUDE 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 16 I 1 A2 SQLITUDE LAKE MANAGEMENT Account Naples Heritage CDD-F&A Work Order 00712282 Contact Justin Faircoth 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 16I1A2 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 Encamacion Comments to recommend replacing compressor due to worn 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 i611A2 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 bVork Type Naples Heritage-Aerator#8 Lake 3 Included Service Parameters Asset Product Work Type Specialist Comments to Customer Naples Heritage-Aerator#8 Lake 3 16I1A2 South Florida Water Management District s. • Individual Environmental Resource Permit No. 11-109069-P \ ° 1$: Date Issued: October 6, 2023 ° � 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/ePermittinq. 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 epermitssfwmd.gov. QAct 4d(A Elizabeth Veguillab"e"t))h Veguill Regulatory Specialist Supervisor 16I1A2 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 16I1A2 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 16I1A2 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 16I1A2 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 1 6 I 1 A 2 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 16I1A2 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 C 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 16I1A2 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 16 { 1A2 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 1611A2 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 16I1A2 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 16 1 1 A2 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 i6 11A2 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 16 11 A2 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 16I1A 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 16I1a2 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 District's 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 16I1A2 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 1116i20 1 Permit No: 11-109069-P, Page 17 of 18 16I1A2 • 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 Districts 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. 1/16/20 2 Permit No: 11-109069-P, Page 18 of 18 16 I1A2