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Item N3BOARD OF COUNTY COMMISSIONERS * REVISED BACK —UP AGENDA ITEM SUMMARY Meeting Date: January 16 2014 - KW Department: County Attorney Bulk Item: Yes _ No X Staff Contact Person: Bob Shillinger 292 -3470 AGENDA ITEM WORDING: Semi - annual examination of public official bonds for County Commissioners and Constitutional Officers pursuant to F. S. 137.05 and § 2 -28 of the Monroe County Code and finding that all current bonds and/or insurance policies are adequate. ITEM BACKGROUND: Florida Statute 137.05 requires that each of the 67 County Commissions examine the sufficiency of the bonds for County officers in their respective Counties every January and June. This statute affords each Commission the discretion to determine if the current bonds are sufficient, and to require a new bond if the Board has reason to believe that any of the current bonds have become impaired. In 2013, the BOCC adopted ordinance 029 -2013, which is now codified at § 2 -28 of the County Code. That ordinance establishes the minimum bond amounts as: a) Clerk of the Circuit Court b) Sheriff c) Tax Collector d) Property Appraiser e) County Commissioners f) Supervisor of Elections $ 5,000 $15,000 $50,000 $10,000 $ 2,000 $ 5,000 Section 2 -28(2) authorizes the County Commission to waive the requirements for an officer to purchase a bond if that officer purchases appropriate insurance coverage in excess of the required bond amount. At this time, there is no evidence to suggest that any of the current bonds are impaired or are likely to become impaired. PREVIOUS RELEVANT BOCC ACTION: 7/17/13 adopted Ordinance No. 029 -2013. CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval of finding that the current bonds are adequate. 1 %J JL t1ju %_%ya 1: IVA BUDGETED: Yes No _ COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes _ No — AMOUNT PER MONTH Year APPROVED BY: County At%ts OMB/Purchasing DOCUMENTATION: Included X Not Required DISPOSITION• Risk Management AGENDA ITEM # N -3 * REVISED BACK -UP * (Now includes Property Appraiser and Sheriff information) ORDINANCE NO, 0 2, - 2013 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSI OF MONROE COUNTY, FLORIDA REPEALING ORDINANCE NO. 055- -2000 IN ITS ENTIRETY; SETTING THE BOND AMOUNT EACH COUNTY OFFICER MUST PURCHASE PURSUANT TO CHAPTERS 137, 28 AND 30. FLORIDA STATUTES; PROVIDING FOR INSURANCE COVERAGE IN LIEU OF BOND IF INSURANCE PROVIDES COVERAGE IN EXCESS OF THE BOND AMOUNT REQUIRED; PROVIDING FOR SEMI-ANNUAL REVIEW OF THIN BONDS OF ALL COUNTY OFFICERS IN JANUARY AND JUNE OF EACH YEAR TO ENSURE SUFFICIENCY PURSUANT TO F.& 137AS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAT, OF ALL ORDINANCES INCONSISTENT HIEREWITI ; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, F.S. 137.01 authorizes the Board of County Commissioners to set the amount of the bond each county officer must purchase to ensure the faithful performance of duties while in office; and WHEREAS, Chapter 98-34, Laws of Florida amended F.S. 137.01 giving county commissions the authority to decide whether to make county officer bonds optional; and WHEREAS is December 2000, the Board enacted Ord (name Na 055-2000, which set public official bonds at the following amounts; a) Clerk of the Circuit Court $ 5,000 b) Sheriff $15,000 c) Tax Collector $ 5,000 d) Prosy Appraiser $10,000 C) County Commissioners $2,000 f) Supervisor of Eac Lions J 5,000 WHEREAS, Oidutance Na 055- -2000 was never codified in the Monroe County Code; and WHEREAS, it has been thirteen years since the Board namined the amount of bond it requires each county officer to post; and WHEREAS, due to the large amount of cash being handled, the Monroe County Tax $S Collector , has requested that the bond amount for the Tax Collector's office be raised from 000 co $50,000 and od aMn sx. 2 -28. MCC M pd 1k cfR, bank Page 1 of 3 348113 QM BOCC UM13 i WHEREAS, modem insurance policies available to county officers provide errors and omissions and public honesty coverage far greater in scope than traditional public official bonds; and WHEREAS, in 2009, the County Commission authorized the Monroe County Sheriff to dispense with the requited public officer bond in light of the insurance coverage the Sheriff had wed; and WHEREAS, in January 2013, the County Commission directed staff to draft an amended ordinance Providing for an insurance alternative to public officer bonds; NOW THEREFORE, BE ff ORDAINED by the Board of County Commissioners of Monroe County, Florida: SECTION L Ordinance No. 055 -2000 is hereby repealed in its entirety. SECTION L The Monroe County Code is hereby amended to create a new Section 2 -28, entitled "Public Offlcer Bonds" which shall read as follows: (1) Bond amount itWWg, Pursuant io Chapters 137, 28, and 30, Florida Statutes, the Board hereby requires the following constitutional officers to give bond, conditioned on the faithful performance of the duties of hislher office, in the following amounts: a) Clerk of the Circuit Court $ 5,000 b) Sheriff $15,000 c) Tax Collector $50,000 d) Property Appraiser $ 10,000 e) County Commissioners $ 2.000 f) Supervisor of Elections $ 5,000 (2) Insurance coverage in lieu of bond. The Commission may waive the requirement for a camty officer to purchase a bond if that officer purchases insurance that provides coverage in excess of the amount of the bond required for that office for the errors and omissions and honest services of that officer and hislher employees. The County Commission shall approve each waiver every January and June at its regular business meeting. (3) Semi - annual review If at any time. the Board determines there is reason to believe that the sufficiency of any county officer's bond has become impaired or insurance coverage has lapsed or is otherwise insufficient, it must at once require the county officer to execute and file with the Clerk of Court a new bond for the same amount as set forth in subsection (1). Ord Q°' Sw-2-29. MCC ns Pd& oaf bonds Page 2 of 3 3/21113 P) BOLT 6/19113 SECTION 3. DELIVERY TO ALL COUNTY COM MSIONERS AND CONSTITUTIONAL OFFICERS. The Clerk shall deliver a copy of this Ordinance to all County Commissioners and Constitutional Officers of Monroe County, Florida so that the proper procedures and changes may be implemented. SECTION 4. SEVERABILITY. Should any provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as a whole, or any part thereof, other than the part declared to be invalid. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. SECTION S. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Department of State as provided in Section 125.66(2), Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 17th day of Jul 2013. Yes Yes Yes Yes Yes BOARD OF COUNTY CONM3SIONERS OF MO OE CO D 'CL FLORI ' (J' By � Mayor George Neugent e� 0 U W C._ O U- LM m Ln C O N Mayor Nengent Mayor Pro Tem Carruthers rphy hage r-:- Q Ord andos Sec. 2 -211. MCC W public Wfta boade 5/M3 (M BOCC6/19/13 Page 3 of 3 BOND: TAX COLLECTOR MONROE COUNTY TAX COLLECTOR 1200 Truman Ave -, Key West, FL 33040 Phone: (305)295 -5000 Fax: (305)295 -5020 w zr Dec. 30, 2013 Mr. Bob Schillinger County Attomey Dear Bob: As requested attached please find the information regarding this office Commercial Crime Policy, We have increased our covered amount from $50,000 to $1,000,000. A Rd is attached giving the number of employees in each office and the amount of cash and checks anticipated as requested. The new policy coverage will be effective Jan 1, 2014. The Tax Collector's Bond has been renewed for $50,000 as required in the FI Statutes and amount required by the BOCC. In the list of employees in the KW office the tax collector is stated as handling the funds also. The tax collector is listed with the employees as information only, as there is a separate bond for the cowl office. If you require further information please let me know. A copy of the policy is forth coming. Z R,IIY. Danise D. Henriquez, CFC Tax Collector cc: Maria Slavik n Commercial Crime Policy Date 12/11/2013 0 At your request, we are providing a Renewal Wotation t« Office of Tax Collector Monroe County Policy or Reference CCP2925143 Effective Date: 1/1/2014 Expiration Date: 1/1/2015 Pleas nob the fdbw ft Employee Theft - Per Lots Coverage Employee Theft - Per Employee Coverage Employes Theft - Scheduled Position Forgery or Albration Inside Premises - Theft of Money and Securities Inside Premises - Robbery or Safe Burglary of Other Property Outside The Promises Computer Fraud Funds Transfer Fraud Money Orders and Counterfeit Paper Currency Inside Than of Other Property Inside Robbery or Burglary of Other Property Inside Robbery or Safe Burglary of MSS Agency Coverage Clients Prop" Credit Card Forgery Faithful Performance Guest Property - In Safe Deposit Boxes Guest Property - Inside the Premises Other Coverage 1 Other Coverage 2 Other Coverage 3 Other Coverage 4 Other Coverage 5 Eadorse nesua/Forms As per expiring Tfthk Antral 0 ZURICH Limit Deductible Premium S 1,000,000 S 25,000 included S S - not included S - $ - not included S 1,000,000 $ 25,000 included S 1,000,000 S 25,000 included S 1,000,000 $ 25,000 Included $ 1,000,000 $ 25,000 included S 1,000,000 S 25,000 included $ 1,000,000 $ 25,000 included S 50,000 $ 2,500 included $ - $ - not included $ - $ - not included S - $ - not included $ - S - not Included $ $ - not included $ - $ - not included S - $ - not included S - none allowed not included $ - none allowed not included $ - S - not included S - s - not included $ - S - not included S S not included S - S - not included $5,064 FL (approximate) $73.72 To" $5,137.72 Underwriting C anions: Management Solutions Group Confinnarion that a CPA audit or review is perfimmed Anauall . C.onfitmarion that all bank accounts ate reconciled by someone not audwtiad to depowt or withdraw. Confirmation that alt ducks requim a count tore or that the s ail check. Receipt. and sub6cory review, of a sWwd And dated F&D a Ucadoa Recei , and satisfactory review. of the mw recent CPA audtire ort. Confirmation that all deposits ate made in the name of the a Brant Continuation that securities we subim to k)itw controL Confinnatiort of no known hues Management Solutions Group MONROE COUNTY TAX COLLECTOR 1200 Truman Ave.., Key West, FL 33040 Phone: (305)295 -5000 Fax: (305)295 -5020 q 4 � December 26, 2013 Key West Office 29- Employees and Tax Collector Cash Average: $16,732.13 Checks Average: $5,353,991.25 Cash Maximum: $60,421110 Checks Maximum: $16,341,146.70 Office Bank: $3,000.00 Petty Cash Key West/Bg Pine Key: $400.00 Cashiers: $1,100.00 Key West Drivers License Offices 4- Empk)vees Cash Average: $2,049.64 Checks Average: $1,057.28 Cash Maximum: $3,209.28 Checks Maximum: $2,381.00 Office Bank: $200.00 Cashiers: $400.00 Marathon Office: 7- Employees Cash Average: $4,944.32 Checks Averages $130,966.98 Cash Maximum: $13,842.79 Checks Maximum: $414,636.50 Office Bank: $650.00 Petty Cash: $25.00 Cashiers: $700.00 Cash Average: $942.61 Inclusive Checks Average Cash Maximum: $1,520.25 Inclusive Checks Maximum Office Bank: $200.00 Cashiers $200.00 ft Pine Key Office: 3- Employees Cash Average. $4,060.62 Checks Average: $46,486.96 Cash Maximum: $14,039.59 Checks Maximum: $122,083.73 Office Bank: $200.00 Cashiers: $300.00 a Page 2 December 26, 2013 Plantation Key Office: 6- Employees Cash Average: $7,450.21 Cash Maximum: $31,947.59 Office Bank $800.00 Petty Cash: $25.00 Cashiers: $500 Checks Average: $193,111.50 Checks Maximum: $1,107,712.90 Key largo Office. 5- Employees Cash Average: $5,480.96 Cash Maximum: $12,673.32 Office Bank $500.00 Petty Cash: $25.00 Cashiers. $500.00 Checks Average: $53,459.81 Checks Maximum: $149,593.85 Funds not included above: Internet payments: Credk cards, E- checks• Key West Office $10,246.507.23 BOND: CLERK OF THE CIRCUIT COURT Peters - Katherine From: Lindsey Ballard [lballard ®monroe- clerk.com] Sent: Friday, December 13, 2013 3:40 PM To: Shillinger -Bob Cc: Peters- Katherine; Amy Heavilin Subject: Amy's Bond Attachments: Amy's Bond.pdf Good Afternoon- Per your request, l have attached a copy of Amy's $5000.00 Bond. If you have any questions or if there is anything else that I can do for you please do not hesitate to ask. Thank you and have a wonderful weekend! Nappy NoBidaygil Lindsey Ballard Administrative Assistant Value Adjustment Board Clerk Monroe County Clerk of Court 500 Whitehead Street Key West, FL 33040 Office: 3 Fax: 3 2 95 - 3 6 63 Iballard@sn9.aroe derksom Am'"I NEAVILIN, CPA Rte. Raw CLERK OF CIRCUff COURf COMMOLLER 1 I . %, IkONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET, SUITE 101 KEY WEST, FLORIDA 13040 TEL (305) 2944641 FAX (305) 295 -3663 BRANCH OFFICE: MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (303) 289 -6027 FAX (305) 289 -6025 4 It '•r CLERK OF THE CIRCUIT COURT MONROE COUNTY www.clerk- of- the-courtcom January 23, 2013 Ken Detzner, Secretary of State Florida Department of State The R.A. Gray Building 500 S Bronough Street Tallahassee FL 32399 -0250 Dear Mr. Detzner, BRANCH OFFICE: PLANTATION KEY COVERNMENT CENTER 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 31070 TEL. (305) 852 -7145 FAX (305) 852 -7146 ROTH BUILDING 50 HIGH POINT ROAD PLANTATION KEY, FLORIDA.13070 TEL. (305) 852 -7145 FAX (305) 853 -7410 Enclosed please find a copy of the fully executed Public Official Bond for Amy Heavilin, who posted a $5,000 bond, in connection with her service as Clerk. Also enclosed is the fully executed Public Official Bond for Danny L. Kolhage, who posted a $2,000 bond, in connection with his service as a County Commissioner. Please note that Mayor George R. Neugent signed under the County Commissioner signature lines — ! have typed Chairman next to his signature to identify him. 1 hereby certify that the original bonds are on file in the Office of the Clerk of the Circuit Court, Sixteenth Circuit, Monroe County, Florida. Should you have any questions, please feel free to contact me at (305) 295 -3130. Sincerely, Amy Heavilin Clerk of the Circuit Court and ex- officio Clerk to the Board of County Commissioners By. Pamela G. Hancock D.C. Enclosures cc: File (.: WESTERN SURETY COMPANY P.G. Bain 6077 D� Sioux Falls, SD 67117.6077 Bond No. 71352861 (606) 336.0860 Effective Date: -- January 8. 20 Western Surety Com pany State of Florida Secretary of State Division of Elections 500 South Bronough Street, Room 316 Tallahamee, Florida 32399.0250 Public Official Bond County of Monroe KNOW ALL PERSONS BY THESE PRESENTS, That we, ( s Nye) as Principal, and WESTERN SURETY COMPANY as Surety, are bound unto the Governor of the State of Florida, and his successors in office. in the sum of S 5.000.00 Dollars, we hereby bind ourselves and each of our heirs, necutom administrators, successors and assigzW jointly and sevenfly. THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas, said o>iicial was aleeted ❑ appointed ® Cenrt C1erk to hold this office for (Nomeo/OJ/iae) a term beginning January a— 20 and ending January 3 2017 and until hislher successor is qualified according to the Constitution and Laws of the State of Florida. NOW, THEREFORE, If the o6iwt &ball faithfully perform the duties of their 005" as provided by law, this obligation is void. X --- I i d (3(dratwe ) Signed and Sealed this 3rd dy o f December 20 JX 101 Sout Phillips Avenue WESTERN COMP _ ciQ,r Falls D 57104 -670a IX Mock, Ault Sec. (�++eaAre+&sa�wcaeaaay, , 0 R . _ (SFAAL) '. $ �► 1 Ar The above is approved this day of by: Chairman: THB PORTER -ALLEN CO !NC 513 SOUTHARD STREET (NNW °f fecal Awding C °;�) Kay Wentz _ Fi. »na _60aa ( drew of teed Eosdieg Coravm�y) By X _LA of Liasssd Reddeae Apat) 264 38 3239 (&"I Security Number of Limessd PA@W t Amen,) David W Freeman f type Hams at Lionised ituW st A{� LOSS dbonddoo (09 /oo Farm 134512 -=4 j . . Western Surety Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That WESTERN SURETY COMPANY, a corporation organized and existing under the laws of the State of South Dakota, and authorized and licensed to do business in the States of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida. Georgia, Hawaii, Idaho, Illinois, Indiana, kn va, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota. Tennessee. Texas, Utah, Vermont. Virgbft. Washington. West Virginia, Wisconsin, Wyoming, and the United States of America, does hereby make. constitute and appoint L. Mock Of Sioux Fal State of ao , h Dales a , with limited authority, its true and lawful Attorney -in -Fact, with full power and authority hereby conferred to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, the following bond- one -cCMRT cxRr bond with bond number 71352991 for ANY HRAVIL3N as Principal in the penalty amount n o t t o exceed: S s , n n o _ o 0 Western Surely Company further certifies that the following is a true and exact copy of Section 7 of to by4aws of western Surety Company duly adopted and raw kk force, to-wit Section 7. All bonds, p01ldes, undertakings, Powers of Attorney, or other obligations of the corporation shah be executed In the corpxate name of the Company by the President. Secretary, any Assimard Secretary. Treasurer. or any Vim President, or by such o#w often; an the Board of Dtreusors may autinarize. The President, any Vice President, Secretary. any Assistant Secretary. or the Treasurer may appoint Attorneys- kn*act or agents who shall have aut origr to Issue bonds, pokles, or undertakings In the name of the Company. The corporate sec b not necessary for the validity of any bonds, poildes. undertakings. Powers of Attorney or other obligations of the corporation. The signature of any such oMoer and the corporata asst may be printed by facaimlle. In Witness Whereof, the said WESTERN SURETY COMPANY has caused these presents to be executed by its Vice Presi with the corporate seal atf &ed this 3rd d of December 2012 ATTEST I A. Vision. Asslamnt Secretary BY STATE OF SOUTH DAKOTA COUNTY OF MINNEHAHA On this 3rd d of December 2012 °..,..•- day , before me. a Notary pubic:. personally appeared Paul S Bruflat~ and A. Vietor who, being by me duly sworn, acknowledged that they signed the above Power of Attorney as Vice president and Assistant Secretary, respectively, of the said WESTERN SURETY COMPANY, and acknowledged said Instrument to be the voluntary �tiiWliiiidpt l.CrrI4tPC Pt<tir f S. PETRIK f / RML N I NIUM" PUIlILIC M + S D try +rrrrrrrrrrrrrrrr•.•.rrrrr ♦ Notary Public W Commission Expires August 11. 2016 Form 67241.2012 BOND: PROPERTY APPRAISER Peters - Katherine From: Slavik -Maria Sent Monday, January 06,2014 10:35 AM To: 'Sid Webber' CC.. Shillinger -Bob Subject: FW: Public Official Bonds & Theft Insurance Attachments: RE: Public Official Bonds & Theft Insurance, Public Official Bonds & Theft Insurance From: Denise Knowles [mailto:DKnowlescamc fl.orai Sent: Monday, January 06, 2014 10:35 AM To: Slavik Maria Cc Scott Russell Subject: Public Official Bonds & Theft Insurance Maria, See attached. Scott P. Russell, CFA NloN'1tt71': COUnr N PWIRMNAPPRAISh3t COUSYCautOCUSE PO BOx 1176 KEY WEST. FLORIDA 33041 -1176 Denise Knowles, CFE Executive Assistant Monroe County Property Appraisers Office 500 Whitehead St., Key West; FL 33040 (Office) 305 292 -3404 (Fax) 305 292 -3501 1 Peters - Katherine From: Denise Knowles <DKnowles@mcpafl.org> sent Wednesday, December 18,2013 11:33 AM TO: Slavik -Maria subject RE: Public Official Bonds & Theft Insurance i L 7 Employees 2. 35 Employees 3. $50 Key West, $50 Marathon,$ 50 Plantation 4. $100 Key West, $100 Marathon, $100 Plantation Sincerely, Denise Knowles, CFE Executive Assistant Monroe County Property Appraisers Office 500 Whitehead St., Key West, FL 33040 (Office) 305 292 -3404 (Fax) 305 292 -3501 —Original Message — From: Slavik -Maria ( mailto : Slavik- Maria@MonroeCounty -FL Govl Sent: Tuesday, December 17, 2013 1:52 PM To: Joyce Griffin, ' dhenriquez @monroetsxcollector.come; Scott Russell;'aheavlin@monroecounty- cle&com' Cc: 'Sid Webber' Subject: Public Official Bonds & Theft Insurance Good Afternoon, We are looking to expand the present coverage and will require the following information: 1. Number of employees in each office that handle cash, checks and other negotiable instruments. 2. Number of employees in each office that do not handle cash, checks and other negotiable instruments. 3. The average amount of cash and checks each office routinely has on hand. 4. The maximum amount of cash and checks each office will have at any given time. Please provide me with the requested information at your earliest convenience. Thank you, Maria I.. Slavik, CPM Risk Administrator The Historic Gato Cigar Factory 1100 Simonton Street, Suite 2 -268 Key Weal, Florida 33040 Office 305 -295 -3178 Fax 305 -295 -3179 slavik- maria0monroecoun -fl eov Peters - Katherine From: Denise Knowles <DKnowles0mcpafl.org> Sent Friday, December 13, 201312:19 PM To: Slavik -Maria Subject Public Official Bonds & Theft Insurance Attachments: 1656 OOl.pdf Maria, I have attached the current policy for Mr. Russell. The amount of insurance coverage is $20,000. Below is number of employees in each respective offices: Key West MCPA — 28 employees Marathon MCPA — 5 employees Plantation Key MCPA — 8 employees If you need any additional information, please do not hesitate to contact me. Sincerely, Scott P. Russell, Cl''A MUN00F. Ct?U11Y PROPFXIY APPRAM Ootrayc joiam PO BOX 1176 KEY WEST, FLORIDA 33041 -1176 Denise Knowles, CFE Executive Assistant Monroe County Property Appraisers Office 500 Whitehead St., Key West, FL 33040 (Office) 305 292 -3404 (Fax) 305 292 -3501 A From: Shillinger -Bob [ snail to: Shiilinger- Bob*Mgn=County- FL.Govl Sena: Friday, December 13, 2013 10:55 AM To: dhenriquez (almonroetaxcoilector.com; aheavili 0monroe-clerk.com ; Joyce Griffin; Rick Ramsay; Scott Russell Cc: Ron Saunders ( rsaunders@monroe- clerk.com Patrick McCullah ( PMcCuliah(&keyss"e0 ; John Dent ( JDent0DentMcC1ain.com) ; Slavik- Maria; 'Sid Webber; Peters- Katherine Subject: Public Offidal Bonds & Theft Insurance Importance: High Dear Constitutional Officer: As a reminder, § 2 -28 of the County Code (set for below for your convenience) requires that each Constitutional Officer purchase a bond in the amount set forth in § 2 -28(1) UNLESS there is appropriate insurance coverage in excess of the amount of the bond required for that particular office. I write today to ask each of you to advise us of the amount of insurance coverage you have purchased independently for errors, omissions, honest services, and /or employee theft and to provide us with copies of those policies and the number of employees in your respective offices. There are two reasons for this request: a) In January, the BOCC will review public official bonds pursuant to the requirements of FS 137.05; and b) The County's Risk Management Division is trying to determine whether to purchase additional insurance coverage for the Constitutional officers and their employees. Please respond to the County's Risk Administrator Maria Slavik (copied above) with the requested information by December 31, 2013. Please call or write me if you have any questions. Sec. 2 -28. Public officer bonds. (1)Bond amount required. Pursuant to F.S. chs.137, 28, and 30, the board hereby requires the following constitutional officers to give bond, conditioned on the faithful performance of the duties of his /her office, in the following amounts: a) Clerk of the circuit court $ 5,000 b) Sheriff $15,000 C) Tax collector $50,000 d) Property appraiser $10,000 e) County commissioners $ 2,000 f) Supervisor of elections $ 5,000 (2) Insurance coverage in lieu of bond. The commission may waive the requirement for a county officer to purchase a bond if that officer purchases insurance that provides coverage in excess of the amount of the bond required for that office for the errors and omissions and honest services of that officer and his /her employees. The county commission shall approve each waiver every January and June at its regular business meeting. (3) Semi- annual review. If at any time, the board determines there is reason to believe that the sufficiency of any county officer's bond has become impaired or insurance coverage has lapsed or is otherwise insufficient, it must at once require the county officer to execute and file with the clerk of court a new bond for the same amount as set forth in subsection M. (Ord. No. 029 -2013, § 2 ) Thanks, RI Q9 C ,COUNTY COVERNIN LAW Bob Shillinger County Attorney Monroe County Attorney's Office 1111 12th Street, Suite 408 Key West, FL 33040 (305) 292 -3470 (305) 292 -3516 (facsimile) Please note that Florida has a broad public records law and that any communication with the County could be considered a public record. If you do not wish for your email address to become a public record, use the telephone or some other method of conveying your message. 10596 PAYEE: KEY WEST INSURANCE VEND ID#: KW 3 CHECK DATE: 4/4!2013 VOIC NO. ICE DATE INVOICII AMOUNT DISCOUNT TAKEN NET AMOUNT PAID MONR04 3/2712013 $588.55 $0.00 $588.55 TOTAL 588.55 Key West Insurance, Inc. 646 United Street, Suite 1 Key West FL 33040 Phone: 305 -294 -1096 Fax: 305 -294 -8016 Monroe Co Prop Appraiser P.O. Box 1176 Key West, FL 33041 -1176 STA19MENT Pagel ACCOUNT NO, CSR STATFNWW AS OF MONRO -6 DC 03/27/2013 Iav cl Date, DoaersigIII 10949 REN 02/28/13 Policy renewal C C� ►�� �GLaGy 10949 CFB 02/28/13 Company fee Total Balance Due: t Sala me Duo 581.00 7.55 588.55 TVEU APR 1 ' 2 013 Ke West Insurance, Inc. M _. M O 646 United Street, Suite 1 ACCOUNTNO. or MW Key West, FL 33040 MONRO -6 TM 02/112013 Phone 305 -294 -1096 Fax: 305 -294- .$0,16 „ t o L I CY INFORMATION POUCYN 1 3 201:, C�CP99458i719 i CR-S Monroe Co Prop Appraiser P.O. Box 1176 Key West, FL 33041 -1176 Page 1 FFFECI'IVIC EXPIRATION 02/28/2013 02284014 Sherry Re: Crime Polley Renewal Please find enclosed a copy of the 13/14 Crime policy declaration page and invoice. As you will note, the name has been corrected to read Mr. Scott Russell, Monroe County Property Appraiser. Kindly attach this new dec page to your file and make your payment made payable to Key West Insurance. I have enclosed a return envelope for your convenience. If you have any questions, please contact me. Thanks again. AdministrstiveOtike GOVERNMENT CRIME POLICY The Sdm Amer g. I Lane schaumbrrgl 60198 DECLARATIONS e Companies This policy Issued by Fidelity and Deposit Company of Maryland Policy No. CCP 994581719 ❑ Colonial American Casualty and Surety Company (a stock Insurance company) Named Insured and Mailing Address Producer Name and Address: Scott Russell, Monroe County Property Appraiser Key west Insurance, Inc. 500 Whitehead Street, 4 T " Floor (Rear) 646 United Street, Suite 1 Key West, FL 33040 Key West, FL 33040 -3291 Policy Period: From 02128/2013 to 02/2812014 at 1201 A.M. Standard Time at your maws address shown above. IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS AND CONDITIONS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. INSURING AGREEMENTS, LIMITS OF INSURANCE AND DEDUCTIBLE INSURING AGREEMENTS I. Employee Theft - Per Loss Coverage 2. Employee Theft - Per Employee Coverage 3. Forgery Or Alteration 4. Inside The Premises - Theft of Money and Securities S. Inside The Premises - Robbery Or Safe Burglary Of Other Property S. Outside The Premises 7. Computer Fraud 8. Funds Transfer Fraud 9. Money Orders And Counterfeit Paper Currency If Added By Endorsement, Insuring Agreement(s) UNIT OF INSURANCE DEDUCTIBLE AMOUNT Per Occurrence Per Occurrence $ 20,000.00 $ 500.00 Not Covered Not Covered Not Covered Not Covered Not Covered Not Covered Not Covered Not Covered If 'Not Covered" is Inserted above opposite any specified Insuring Agreement, such Insuring Agreement and any other reference thereto in this policy is deleted. 'Policy Premium is payable: $ 588.55 at Inception; $ 1st Anniversary- $ 2nd Anniversary *Includes Taxes and /or Surcharges: $ 7.55 2005 Florida Hurricane CAT Fund Assessment ENDORSEMENTS FORMING PART OF THIS POLICY WHEN ISSUED: CR 00 26 05 06 CR 25 0103 00 CR 02 06 11 06 U-CR -109 -A 0102 U -GU -726 -B FL (01/11) CANCELLATION OF PRIOR INSURANCE ISSUED BY US: By acceptance of this Policy you give us notice Canceling prior policy or bond Nos. CCP 994581718 the cancellation to be effective at the time this Policy becomes effective. COUNTERSIGNED: By . (Date) Authorized Representative IN WITNESS WHEREOF the Company has cawed this policy to be signed by its presklent and secretary but this poky shall not be valid unless completed by the attachment hereto of a declarations page countersigned by a duty authorized representative of the Company. Attest By secretary President U-CR -D -103 -A FL (Ed. 07/11) Includes copyrighted material of Insurance Services Office. Inc., with Its permission. LG - 02AW13 Copyright, Insurance Services Office, Inc., 1998 POLICY NUMBER: CCP 994581719 COMMERCIAL CRIME CR 25 0103 00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUDE DESIGNATED PERSONS OR CLASSES OF PERSONS AS EMPLOYEES Th is endorsement modifies Insurance provided under the following: COMMERCIAL CRIME COVERAGE FORM COMMERCIAL CRIME POLICY EMPLOYEE THEFT AND FORGERY POLICY GOVERNMENT CRIME COVERAGE FORM GOVERNMENT CRIME POLICY and applies to the Employee Theft Insuring Agreement: A. Schedule' Persons Or Scott 'Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Decla- B. Provisions 'Employes' does not include any person named or class of persons shown in the Schedule. CR 25 0103 00 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 Key West Insurance, Inc. 646 United Street, Suite 1 Key West, FL 33040 Phone: 305- 294-1096 305- 294 -8016 Monroe Co Prop Appraiser P.O. Bo: 1176 Key West, FL 33041 -1176 I # Date Trn Policy INVOICE 0 10949 194697 02/11/13 CCP9%581719 194698 02/11/13 CCP994581719 INVOICE # 10949 7 1'age 1 ACCOUNT NO. CSR DATE MONRO -6 DC 02/11/13 Crime rol.�cv e CCP9%581719 CONrAM Zurich North America Su rety E"CCTM COU&TM VALANCE DUE ON 0288/13 0288/14 0=111M AMOUNT PAID ANOUHT DUIC S 588.55 Description Amount Policy mnea'al S 581.00 Compoy fee S 7.55 invoice Belenee: S 588.55 Crime bond naming Scott Russell the Appraiser Know All Men by These Presents: PUBLIC OFFICIAL BOND Bond No, S- 820491 That Scott P Russell of 2505 Fogarty Avenue Key west FL 33040 Principal and the NGM_insurance Company of 4601 Touchton Rd East Ste 3400 Jacksonville, FL 32245 (hereinafter called the Surety) a corporation organized under the laws of the State of Florida, with its principal office in the City of Jacksonville and State of Florida are held and firmly bound unto Florida Secretary of State (hereinafter called the Obligee) In the sum of Ten Thousand and 00/100 Dollars ($ 10,000.00 ) for the payment whereof to the Obligee the Principal binds himself, his heirs, executors, administrators and assigns, and the Surety binds itself, its successors and assigns, jointly and severally, firmly by these presents. Signed, sealed, and dated this 21st day of December . 2012 Whereas the above -named Principal has been duly appointed or elected to the office of Properly Appraiser Now, therefore, the condition of the foregoing obligation is such that if the Principal shall during the period beginning on 01/01/2013 , and ending on 01/01/2017 faithfully perform such duties as may be imposed on him by law and shall honestly account for all money that may come into his hands in his official capacity during such period,period, then this obligation shall be void; otherwise it shall remain in force. This Bond Is executed by the Surety upon the following express conditions, which shall be conditions precedent to the right of recovery hereunder. First: That the Surety may, if it shall so elect, cancel this Bond by giving thirty (30) days notice in writing to the Obligee and this Bond shall be deemed canceled at the expiration of said thirty (30) days; the Surety remaining liable, however, subject to all the terms, conditions and provisions of this Bond, of any act or acts covered by this Bond which may have been committed by the Principal up to the date of such cancellation; and the Surety shall, upon surrender of this Bond and its release from all liability hereunder, refund the premium paid, less a pro rata part thereof for the time this Bond shall have been in force. Second: That the Surety shall not be liable hereunder for the loss of any public moneys or funds occurring through or resulting from failure of, or default in payment by, any banks or depositories in which any public moneys or funds have been deposited, or may be deposited by or placed to the credit, or under control of the Principal, whether or not such banks or depositories were or may be selected or designated by the Principal or by other persons; or by reason of the allowance to, or acceptance by the Principal of any interest on sad public moneys or funds, any law, decision, ordinance or statute to the contrary notwithstanding. Third: That the Surety shall not be liable for any loss or losses, result! from the failure of the Principal to collect any taxes, licenses, levies, assessments, etc., with the collectio f-whklXhe may be chargeable by reason of his election or appointment as aforesaid. Witness: rJ G ATTEST: Scott P Russell (SEAL) PRINCIPAL L 4e-N *6 SHERRY WIISON MY coLe�pOl EEM77M BY: ExFMW. MW& 1 2016 ATTEST' r. NGM Insurance Company (SEAL) SURELY BY: Aw r"I 88.1182 (4512008) (Not applicable for Tax collectors) Attomeoln act arlene May Cullen 6e- 00- 0005b -12 ®NGM INSURANCE COMPANY POWER OF ATTORNEY � wr+r r nr wr caw A�ro giwip S- 820491 KNOW ALL MEN BY THESE PRESENTS: That the NGM Insurance Company, a Florida corporation having its principal office in the City of Jacksonville, State of Florida, pursuant to Article IV, Section 2 of the By -Laws of said Company, to wit: "SECTION 2. The board of directors, the president, any vice president, secretary, or the treasurer shall have the power and authority to appoint attorneys -in -fact and to authorize them to execute on behalf of the company and affix the seal of the company thereto, bonds, re ognizances, contracts of indemnity or writings obligatory in the nature of a bond, recognizance or conditional undertaking and to remove any such attorneys -in -fact at any time and revoke the power and authority given to them." does hereby make, constitute and appoint Darlene May Cullen its true and lawful Attorney -in -fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed bond number S- 820491 dated January 1, 2013 , on behalf of — Scott P Russell "'- in favor of Florida Secretary of State for Ten Thousand and 00/100 Dollars (S 10.000.00 ) and to bind NOM Insurance Company thereby as fully and to the same extent as if such instrument was signed by the duly authorized officers of the NGM Insurance Company; this ad of said Attorney Is hereby ratified and confined. This power of attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Directors of NGM Insurance Company at a meeting duly called and held on the 2nd day of December 1977. Voted: That the signature of any officer authorized by the By -Laws and the company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking. recognizance or other written obligation in the nature thereof, such signature and seal, when so used being hereby adopted by the company as the original signature of such officer and the original seal of the company, to be valid and binding upon the conpany with the same force and effect as though manually affixed. IN WITNESS WHEREOF, NGM Insurance Company has caused these presents to be signed by its Assistant Vice President, General Counsel and Secretary and its corporate seal to be hereto affixed this 3rd day of January, 2012 NGM INSURANCE COMPANY By; 0.— 1923 � Bruce Fox Assistant Vice President, General Counsel and Secretary State of Florida, County of Duval On this 3rd day of January, 2012 before the subscriber a Notary Public of State of Florida in and for the County of Duval duly commissioned and qualified, came Bruce Fox of the NGM Insurance Company, to me personally known to be the officer described herein, and who executed the preceding instrument, and he acknowledged the execution of same, and being by me fully sworn, deposed and said that he is an officer of said Company. aforesaid: that the seal affixed to the preceding instrument is the corporate seal of said Company, and the said corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Company; that Article IV, Section 2 of the By -Laws of said Company is now in force. IN WITNESS WHEREOF, I have hereunto set my hand and affixed by official seal at Jacksonville, Florida this 3rd day of January, 2012 ""Mm \ \ JI xowWMI eraaaa cb.ruura aw leant 1, Brian J Beggs, Vice President of the NGM Insurance Company, do hereby certify that the above and foregoing is a true and reaect copy of a Power of Attorney executed by said Company which is still in force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said Company at Jacksonville, Florida this 21 day of December , 2012 1023 oso� WARNING: Any unauthorized reproduction or alteration of this document is prohibited. TO CONFIRM VALIDITY of the attached bond please call 1- 603 -35 8-1343. TO SUBMIT A CLAIM: Send all correspondence to 55 West Street, Keene, NH 03431 Attn: Bond Claim Dept. or call our Bond Claim Dept. at 1- 603 -358 -1229. INSURANCE: SHERIFF (In lieu of bond) i Peters - Katherine From: Slavik -Maria Sent Monday, January 06, 201410:28 AM To: Shillinger -Bob Subject: FW: Public Official Bonds & Theft Insurance - Sheriffs Office Dec Pages Attachments: SKMBT_C364e13122017580.pdf -- Original Message- - From: Slavik -Maria Sent: Monday, December 23, 2013 7:37 AM To:'Sid Webber' Subject: FW: Public Official Bonds & Theft Insurance - Sheriffs Office Dec Pages Sid, FYI -- Original Message---- - From: Tamara Snider [mailto:tsnider @keysso.net] Sent: Friday, December 20, 2013 5:04 PM To: Rice -Mike; Snider - Tamara; Slavik -Maria Cc: Patrick McCullah Subject: RE: Public Official Bonds & Theft Insurance - Sheriffs Office Dec Pages Maria: Attached is a copy of our dec pages for law Enforcement Liability and Public Officials Liability. Both of these cover "sworn" and "non sworn" employees - everyone. Please let me know if you need anything else from my agency. Tamara Snider, CPM Risk Manager/ Grants Administrator C/O Monroe County Sheriffs Office Sheriff Richard A. Ramsay 5525 College Road Key West, Florida 33040 Office #: 305- 292 -7092 / 292 -7090 Fax #: 305 - 292 -7070 E -Mail: tsnider @keysso.net --- Original Message From: Mike Rice [mailto:mrice @keysso.net] Sent: Friday, December 20, 2013 9:49 AM r To: Tamara Snider Cc: Patrick McCullah Subject: FW: Public Official Bonds & Theft Insurance Can you please provide Maria Slavik with a copy the certificate of insurance from the professional liability policy. Mike ---- Original Message- - From: Patrick McCullah [mailto:pmccullah @keysso.net] Sent: Friday, December 13, 20131:41 PM To: Mike Rice Subject: FW: Public Official Bonds & Theft Insurance From: Shillinger -Bob [mailto:Shillinger- Bob @MonroeCounty- FLGov] Sent: Friday, December 13, 201310:55 AM To: dhenriquez @monroetaxcollector.com; aheavilin @monroe - clerk.com; Joyce Griffin; Rick Ramsay, 'srussell @ mcpafl.org' Cc: Ron Saunders (raunders @ monroe- clerk.com); Patrick McCullah; John Dent (J Dent@ DentMcClain.com); Slavik- Maria; 'Sid Webber'; Peters - Katherine Subject: Public Official Bonds & Theft Insurance Dear Constitutional Officer: As a reminder, § 2 -28 of the County Code (set for below for your convenience) requires that each Constitutional Officer purchase a bond in the amount set forth in § 2 -28(1) UNLESS there is appropriate insurance coverage in excess of the amount of the bond required for that particular office. I write today to ask each of you to advise us of the amount of insurance coverage you have purchased independently for errors, omissions, honest services, and /or employee theft and to provide us with copies of those policies and the number of employees in your respective offices. There are two reasons for this request: a) In January, the BOCC will review public official bonds pursuant to the requirements of FS 137.05; and b) The County's Risk Management Division is trying to determine whether to purchase additional insurance coverage for the Constitutional officers and their employees. Please respond to the County's Risk Administrator Maria Slavik (copied above) with the requested information by December 31, 2013. Please call or write me if you have any questions. • i Sec. 2 -28. Public officer bonds. (1)Bond amount required. Pursuant to F.S. chs.137, 28, and 30, the board hereby requires the following constitutional officers to give bond, conditioned on the faithful performance of the duties of his /her office, in the following amounts: a) Clerk of the circuit court $ 5,000 b) Sheriff $15,000 C) Tax collector $50,000 d) Property appraiser $10,000 e) County commissioners $ 2,000 f) Supervisor of elections $ 5,000 (2) Insurance coverage in lieu of bond. The commission may waive the requirement for a county officer to purchase a bond if that officer purchases insurance that provides coverage in excess of the amount of the bond required for that office for the errors and omissions and honest services of that officer and his /her employees. The county commission shall approve each waiver every January and June at its regular business meeting. (3) Semi - annual review. If at any time, the board determines there is reason to believe that the sufficiency of any county officer's bond has become impaired or insurance coverage has lapsed or is otherwise insufficient, it must at once require the county officer to execute and file with the clerk of court a new bond for the same amount as set forth in subsection M. (Ord. No. 029 -2013, § 2 ) Thanks, Description: Description: Description: Description: City- County- LocalGovtBob Shillinger County Attorney 3 i Monroe County Attorney's Office 111112th Street, Suite 408 Key West, FL 33040 (305) 292 -3470 (305) 292 -3516 (facsimile) Please note that Florida has a broad public records law and that any communication with the County could be considered a public record. If you do not wish for your email address to become a public record, use the telephone or some other method of conveying your message. 4 a,. f* i FLORIDA SHERIFFS SELF INSURANCE PROGRAM ft .PON �..I..NM4N=r. was ftcdmft m0l� LAW ENFORCEMENT LIABILITY COVERAGE DECLARATIONS Certificate Number; 14- MOV-44 COVERED MEMBER: Monroe County Sherlfrs Offfos PRINCIPAL ADDRESS: 5525 College Road, Key West, FL 53040 ANNUAL AGREEMENT PERIOD: October 1, 2013 VMtRATION DATE October 1, 2014 LEI. REINSURANCE RETROACTIVE DATES: DEDUCTIBLE: FIRST MILLION: October 1, 198S SECOND MILLION: October 1,1988 THIRD MILLION: Oclaber 1, 1998 None THIS DEaARATIONS PAGE IS ISSUED TO THE COVERED MEMBER NAMED ABOVE, TO RWIFYTIIE ANNUALAGREEAENT PERIOD AS WELLAS THE LIMITS OF COVERAGE AFFORDED. ALLTS MS, LIMITS, DEFINITIONS, REGUATIONS, CONDITIONS, DOClUIO4S, AND LIMIITATIONS OF THE APPLICOU .E SELF INSURANCE COVERAGE AGREEMENT WHICH ARMY AFFORDS COVERAGE BY VIRTUE OF PARTICIPATION IN THIS SELF IISAWACE PROGRAM 6YTHIS PARnapaING COVER® MEMBEROMY. THIS DEaARAT3ONS PAGE DOES NOT IIYCREASE, AMEND, OR MODIFYTHE CVVERAGE OTHER ARISE PROVIOED UiIDBtTHE APP JCM E SE.F BaMNCECDVVERAGE A( ATTAONED HERETO. THE LIMITS SET FORTH UNDER THIS AGREEMENT APPLY ONLY TO THE EXTENT THAT DOCFSS LIM M ARE COLLKTABLE FROM REINSURERS COVERINGTHISaGREEhIENT. IN OONSIDERATIONOFTHE PAYMBIrOFIM CONTRIBUTION AND IN RELIANCE UPONTHE STATEMENT INTHE DECLARATIONS AND THE APPLICATION FOR COVERAGE HEREUNDER AND SUNIECT'TO THE INSURANCE AGREEMENTS, DEFINITIONS„ DOO.USIONS, AND CONDITIONS OF THIS SELF INSURANCE COVERAGE AGREEMENT, THE OMITS OF LTAOMM AFFORDED FOR THE ANNUL AGREEMENT PERIOD ARE AS FOLLOWS. LAW •.. _ . Per Person, Per Oa U TMM, Annual CONTRIBUTION PER EXPOSURE CATEGORY FLORIDA SHERIFF SELF INSURANCE PROGRAM Moo Aw Poll eaecBmc a% ftft 2L - ftRw =@% K 32 09 T T Fl. 31317 -290Y CM) 320-sw Facdudlw. (860) 3204939 PUBLIC. OFFICIALS UTABILI7Y COVERAGE DECLAMATIONS CertNkate Number: 14- FSRMF -44 COVERED MEMBER: Nonroe County ShwWs Office PRINCIPAL ADDRESS: 5525 College Road, Key West, FL 33040 ANNUAL AGREENENT PERIOD: October 1, 2013 EXPIRATION DATE: October 1, 2014 POL REINSURANCE RETROACTIVE DATE: October 1, 1992 DEDUCTIBLE: None THIS DECLARATIONS PAGE LSISMEDTOTHECOHEREDMEIMBERNAMEDAMVE ,70MENT4YTHEANNUAL.AGAE 4ENTPEfMASWELLAS THE LIMITSOFOWMAGEARMM. ALL-TERMS, LIMITS, DEFINITIONS, ReGULATWNS, oOwmoN% DOCLU MM AND LIMrITATIONS OF THE APPLICABLE SELF INSURANCE COVERAGE AGREEMENT WLICH Acn)ALLY AFFIDRDS CO ERME BY VIRTUE OF PARTICIPATION IN THIS SELF INSURANCE PROGRAM BYTHLS PARTMPRTING CDVER®MEM M APPLY. THIS DECLARATJDNS PAGE DOES WrINOWEASE, AMEND, OR MMI YTHECDVBWjEOTHStWISEPROVMED LAVOMWAPPLTCMB .ESELFINSURANCESAGEMIREDME rATTACH®HEREIO. THE LIMITS SET FORTH UNDER THLS AGREEMENT' APPLY ONLY TO THE WW THAT MOCES6 LIMITS ARE COLLECTABLE FROM REINSURERS THISAGRESO(T. IN CONSMERATIDN OFTHE PAYMMOPTHECONTRIBIJWN AND IN RE1ANCE UPONTHESTATEMErrDITHE LELARATMNS AND THE APPLICATION FOR COVERAGE HELEJNDEt AND SUEDES:' TO THE INSURANCE AGR , DEINITIONS, M LLWONS, AND CONDITIONS OF THIS SELF INSURANCE COVEUGE AGREEMENT, THE LIMITS OF UABIITY AFFORDED FOR THE ANNUAL AGREEMENT' PERIOD ARE AS R LOWS: Publk Officials LlabBity $5,000,000 Per Ocmnw e CONTRIBUTION PER EXPOSURE CATEGORY BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: January 16, 2014 - KW Bulk Item: Yes No X Department: County Attorney Staff Contact Person: Bob Shillinger 292 -3470 AGENDA ITEM WORDING: Semi - annual examination of public official bonds for County Commissioners and Constitutional Officers pursuant to F. S. 137.05 and § 2 -28 of the Monroe County Code and finding that all current bonds and/or insurance policies are adequate. ITEM BACKGROUND: Florida Statute 137.05 requires that each of the 67 County Commissions examine the sufficiency of the bonds for County officers in their respective Counties every January and June. This statute affords each Commission the discretion to determine if the current bonds are sufficient, and to require a new bond if the Board has reason to believe that any of the current bonds have become impaired. In 2013, the BOCC adopted ordinance 029 -2013, which is now codified at § 2 -28 of the County Code. That ordinance establishes the minimum bond amounts as: a) Clerk of the Circuit Court b) Sheriff C) Tax Collector d) Property Appraiser e) County Commissioners f) Supervisor of Elections $ 5,000 $15,000 $50,000 $10,000 $ 2,000 $ 5,000 Section 2 -28(2) authorizes the County Commission to waive the requirements for an officer to purchase a bond if that officer purchases appropriate insurance coverage in excess of the required bond amount. At this time, there is no evidence to suggest that any of the current bonds are impaired or are likely to become impaired. PREVIOUS RELEVANT BOCC ACTION: 7/17/13 adopted Ordinance No. 029 -2013. CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval of finding that the current bonds are adequate. TOTAL COST: N/A BUDGETED: Yes No _ COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes _ No _ AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # ORDINANCE NO. 029 2013 AN ORDINANCE OF THE BOARD OF COUNTY COMIVIISSIONERS OF MONROE COUNTY, FLORIDA REPEALING ORDINANCE NO. 055 -2000 IN ITS ENTIRETY; SETTING THE BOND AMOUNT EACH COUNTY OFFICER MUST PURCHASE PURSUANT TO CHAPTERS 137, 28 AND 30 FLORIDA STATUTES; PROVIDING FOR INSURANCE COVERAGE IN LIEU OF BOND IF INSURANCE PROVIDES COVERAGE IN EXCESS OF THE BOND AMOUNT REQUIRED; PROVIDING FOR SEMI - ANNUAL REVIEW OF THE BONDS OF ALL COUNTY OFFICERS IN JANUARY AND ,TUNE OF EACH YEAR TO ENSURE SUFFICIENCY PURSUANT TO F.S. 137.05; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, F.S. 137.01 authorizes the Board of County Commissioners to set the amount of the bond each county officer must purchase to ensure the faithful performance of duties while in office; and WHEREAS, Chapter 98 -34, Laws of Florida amended F.S. 137.01 giving county commissions the authority to decide whether to make county officer bonds optional; and WHEREAS, in December 2000, the Board enacted Ordinance No. 055 -2000, which set public official bonds at the following amounts; a) Clerk of the Circuit Court $ 5,000 b) Sheriff $15,000 c) Tax Collector $ 5,000 d) Property Appraiser $10,000 e) County Commissioners $ 2,030 f) Supervisor of Elections $ 5,000 and WHEREAS, Ordinance No. 055 -2000 was never codified in the Monroe County Code; WHEREAS, it has been thirteen years since the Board examined the amount of bond it requires each county officer to post; and WHEREAS, due to the large amount of cash being handled, the Monroe County Tax Collector has requested that the bond amount for the Tax Collector's office be raised from $5,000 to $50,000; and Ord cmdag sa. 2 -28. MCC M P ak offica bomb Page 1 of 3 5/28113 (M BOCC6/IW13 WHEREAS, modern insurance policies available to county officers provide errors and omissions and public honesty coverage far greater in scope than traditional public official bonds; and WHEREAS, in 2009, the County Commission authorized the Monroe County Sheriff to dispense with the required public officer bond in light of the insurance coverage the Sheriff had purchased; and WHEREAS, in January 2013, the County Commission directed staff to draft an amended ordinance providing for an insurance alternative to public officer bonds; NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Monroe County, Florida: SECTION 1. Ordinance No. 055 -2000 is hereby repealed in its entirety. SECTION 2. The Monroe County Code is hereby amended to create a new Section 2 -28, entitled "Public Offlcer Bonds" which shall read as follows: (1) Bond amount required Pursuant to Chapters 137, 28, and 30, Florida Statutes, the Board hereby requires the following constitutional officers to give bond, conditioned on the faithful performance of the duties of his/her office, in the following amounts: a) Clerk of the Circuit Court $ 5,000 b) Sheriff $15,000 C) Tax Collector $50,000 d) Property Appraiser $10,000 e) County Commissioners $ 2,000 f) Supervisor of Elections $ 5,000 (2) Insurance coverage in lieu of bond The Commission may waive the requirement for a county officer to purchase a bond if that officer purchases insurance that provides coverage in excess of the amount of the bond required for that office for the errors and omissions and honest services of that officer and his/her employees. The County Commission shall approve each waiver every January and June at its regular business meeting. (3) Semi - annual review If at any time, the Board determines there is reason to believe that the sufficiency of any county officer's bond has become impaired or insurance coverage has lapsed or is otherwise insufficient, it must at once require the county officer to execute and file with the Clerk of Court a new bond for the same amount as set forth in subsection (1). Ord cog Sec. 2 -28, MCC re Pubes officer bonds Page 2 of 3 08113 (KP) BOCC 6/19/13 SECTION 3. DELIVERY TO ALL COUNTY COMNIISSIONERS AND CONSTITUTIONAL OFFICERS. The Clerk shall deliver a copy of this Ordinance to all County Commissioners and Constitutional Officers of Monroe County, Florida so that the proper procedures and changes may be implemented. Mayor Neugent Mayor Pro Tem Carruthers 'Phy gage Yes Yea Yes Yes Yes BOARD OF COUNTY COMNIISSIONERS OF MO OE CO ,FLORID Z_ By 5 Mayor George Neugent SECTION 4. SEVERABILITY. Should any provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as a whole, or any part thereof, other than the part declared to be invalid. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. SECTIONS. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Department of State as provided in Section 125.66(2), Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 17th day of July , 2013. Ord seating Sec. 2 -28, MCC re public officer bonds 5/28113 (KP) BOCC 6/19/13 MONDE IPM A�� !8E W p UINGER, JR. Page 3 of 3 er � U c� 0 Ln _ C1 W -� � N L Ord seating Sec. 2 -28, MCC re public officer bonds 5/28113 (KP) BOCC 6/19/13 MONDE IPM A�� !8E W p UINGER, JR. Page 3 of 3 BOND: TAX COLLECTOR MONROE COUNTY TAX COLLECTOR 1200 Truman Ave.., Key West, FL 33040 Phone: (305)295 -5000 Fax: (305)295 -5020 Dec. 30, 2013 Mr. Bob Schillinger County Attorney Dear Bob: As requested attached please find the information regarding this office Commercial Crime Policy, We have Increased our covered amount from $50,000 to $1,000,000. A list is attached giving the number of employees in each office and the amount of cash and checks anticipated as requested. The new policy coverage will be effective Jan 1, 2014. The Tax Collector's Bond has been renewed for $50,000 as required in the FI Statutes and amount required by the BOCC. In the list of employees in the KW office the tax collector is stated as handling the funds also. The tax collector is listed with the employees as information only, as there is a separate bond for the constitutional office. If you require further information please let me know. A copy of the policy is forth coming. cc: Maria Slavik 0 Commercial Crime Policy Date 12/11 /2013 0 At your request, we are providing a Renewal motion for Office of Tax Collector Monroe County Policy or Reference CCP2925143 Effective Date: 1/1/2014 Expiration Date: 1/1/2015 ZURICH Please note the following: Confirmation that a CPA audit or review is perffirmied annually. Limit Deductible Premium Employee Theft - Per Loss Coverage S 1,000,000 $ 25,000 included Employee Theft - Per Employee Coverage S - $ - not included Employee Theft - Scheduled Position $ - $ - not included Forgery or Alteration S 1,000,000 $ 25,000 included Inside Premises - Theft of Money and Securities $ 1,000,000 $ 25,000 included Inside Premises - Robbery or Safe Burglary of Other Property $ 1,000,000 $ 25,000 Included Outside The Premises $ 1,000,000 $ 25,000 included Computer Fraud $ 1,000,000 $ 25,000 included Funds Transfer Fraud $ 1,000,000 $ 25,000 included Money Orders and Counterfeit Paper Currency $ 50,000 S 2,500 included Inside Theft of Other Property $ - $ - not included Inside Robbery or Burglary of Other Property $ - $ - not included Inside Robbery or Safe Burglary of M&S $ - $ - not included Agency Coverage $ $ not Included Clients Property $ - $ - not included Credit Card Forgery $ - $ - not included Faithful Performance $ - $ - not included Guest Property - In Safe Deposit Boxes $ - none allowed not included Guest Property - Inside the Premises $ - none allowed not included Other Coverage 1 $ - $ - not included Other Coverage 2 $ - $ - not included Other Coverage 3 $ - $ - not included Other Coverage 4 $ - $ not included Other Coverage 5 $ - $ - not included Endonements /Forms As per expiring TER; Antral $5,084 FL (approximate) $73.72 Tc1; $5,137.72 Underwriting Conditions: Thie n„nr. i. rnnrsne.nr ,.n..n rh. W1-4.. 4.. m.r4,.a h. X Management Solutions Group Confirmation that a CPA audit or review is perffirmied annually. Confirmation that all bank accounts are reconciled by someone not authorized to deposit or withdraw. Confirmation that all checks require a countersignature or that the owner(s) sign all checks. Receipt, and satisfactory review, of a signed and dated F&D application, Receipt. acid satisilictory review, of the most recent CPA audidre ort. Confirmation that all deposits are made in the name of the Appli Confirmation that securities are subject to joint control C',nnfirmation of no known losses Management Solutions Group MONROE COUNTY TAX COLLECTOR 1200 Truman Ave.., Key West, FL 33040 Phone: (305)295 -5000 Fax: (305)295 -5020 December 26, 2013 Key West Office: 29- Employees and Tax Collector Cash Average: $16,732.13 Checks Average: $5,353,991.25 Cash Maximum:: $60,428.10 Checks Maximum: $16,341.146.70 Office Bank: $3,000.00 Petty Cash Key West/Big Pine Key: $400.00 Cashiers: $1,100.00 Key West Drivers License Office: 4- Employees Cash Average: $2,049.64 Checks Average: $1,057.28 Cash Maximum: $3,209.28 Checks Maximum: $2,381.00 Office Bank: $200.00 Cashiers: $400.00 Marathon Office; 7- Employees Cash Average: $4,944.32 Checks Average: $130,966.98 Cash Maximum: $13,842.79 Checks Maximum: $414,636.50 Office Bank. $650.00 Petty Cash: $25.00 Cashiers: $700.00 Marathon, Dr ivers License Office: 2- Employees Cash Average: $942.61 Inclusive Checks Average Cash Maximum: $1,520.25 Inclusive Checks Maximum Office Bank: $200.00 Cashiers- $200.00 Big Pine Key Office: 3- Employees Cash Average: $4,060,62 Checks Average: $46,486.98 Cash Maximum: $14,039.59 Checks Maximum: $122,083.73 Office Bank: $200.00 Cashiers: $300.00 0 Page 2 December 26, 2013 Plantation Key Office: 6- Employees Cash Average: $7,450.21 Cash Maximum: $31,947.59 Office Bank $800.00 Petty Cash $25.00 Cashiers: $500 Checks Average: $193,111.50 Checks Maximum: $1,107,712.90 Key Largo Office: 5- Employees Cash Average: $5,480.96 Cash Maximum: $12,673.32 Office Bank: $500.00 Checks Average: $53,459.81 Checks Maximum: $149,593.85 Petty Cash $25.00 Cashiers. $500.00 Funds not included above: Internet payments: Credit cards, E- checks- Key West Office $10,246,507.23 BOND: CLERK OF THE CIRCUIT COURT Peters - Katherine From: Lindsey Ballard [lballard@monroe- clerk.com] Sent: Friday, December 13, 2013 3:40 PM To: Shillinger -Bob Cc: Peters - Katherine; Amy Heavilin Subject: Amy's Bond Attachments: Amy's Bond.pdf Good Afternoon- Per your request, I have attached a copy of Amy's $5000.00 Bond. If you have any questions or if there is anything else that I can do for you please do not hesitate to ask. Thank you and have a wonderful weekend! Nappy " oeidayoll Lindsey Ballard Administrative Assistant Value Adjustment Board Clerk Monroe County Clerk of Court 500 Whitehead Street Key West, FL 33040 Office: 3 Fax: 305 -295 -3663 lba.l.lard@mon.roe_clerk Qm "All I `` Fz CLERK OF CIRCUR COURT 8 COMMOLLER M arti; � iM;� MONROE COUNTY COURTHOUSE 500 WI-IITEHEAD STREET, SUITE 101 KEY WEST, FLORIDA 33040 TEL. (305) 294-4641 FA -3663 BRANCH OFFICE: MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289 -6025 �cou ti ? cam` - CLERK OF THE CIRCUIT COURT MONROE COUNTY www.clerk -of- the- court.com January 23, 2013 Ken Detzner, Secretary of State Florida Department of State The R.A. Gray Building 500 S Bronough Street Tallahassee FL 32399 -0250 Dear Mr. Detzner, BRANCH OFFICE: PL ANTATION KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX(305)852 -7146 ROTH BUILDING 50 HIGH POINT ROAD PLANTATION KEY, FLORIDA 33070 TEL. (305) 852 -7145 FAX (305) 853 -7 440 Enclosed please find a copy of the fully executed Public Official Bond for Amy Heavilin, who posted a $5,000 bond, in connection with her service as Clerk. Also enclosed is the fully executed Public Official Bond for Danny L. Kolhage, who posted a $2,000 bond, in connection with his service as a County Commissioner. Please note that Mayor George R. Neugent signed under the County Commissioner signature lines —1 have typed Chairman next to his signature to identify him. I hereby certify that the original bonds are on file in the Office of the Clerk of the Circuit Court, Sixteenth Circuit, Monroe County, Florida. Should you have any questions, please feel free to contact me at (305) 295 -3130. Sincerely, Amy Heavilin Clerk of the Circuit Court and ex- officio Clerk to the Board of County Commissioners By. Pamela G. Hancock, D.C. Enclosures cc: File A M 61 A. State of Florida Secretary of State Division of Elections 500 South Bronough Street, Room 316 Tallahassee, Florida 32399 -0250 Public Official Bon County of KNOW ALL PERSONS BY THESE PRESENTS, That we, Amy Heavil in (Oftiat'a Name) as Principal, and WESTERN SURETY COMPANY as Surety, are bound unto the Governor of the State of Florida, and his successors in office, in the sum of 5,000.0Q Dollars, we hereby bind ourselves and each of our heirs, executors, administrators, successors and assigns, jointly and severally. THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas, said official was elected D appointed ® Court Clerk (Name of office) to hold this office for a term beginning January 8. 20 and ending -- January 3. 2017 and until his/her successor is qualified according to the Constitution and haws of the State of Florida. NOW, THEREFORE, If the official shall faithfully perform the duties of their office as provided by law, this obligation is void. X Mow— of ) Signed and Sealed this 3rd day of December 20 101Sout Phillips Avenue WESTERN COMP _ Sioux Fall&. SD 57104 -6703 ock, ASST. Sec (�M of MM& sunly Company) THE PORTER -ALLEN CO.. - INC ����.�``,`SVRE t };.,,� 513 SOUTHARD STREET (Name of Local Bonding Compost') �. �,,.......,, '00���� Key went, FT. 1104n_68is OR �o ( ress o /Local Bonding Company) W V Z (SEAL) By X G _, * (Signature of Licensed Resident Agent) C A , Q ,�� 264 38 3239 �. (Social Security Number of Licensed Resident Agent) •` ppointed Agent of Surety David W Freeman /i1111111Nt1�� j �Q (Type Name of Licensed Resident Agent) The above is approved this I �� "" day o f 7-o#3 br. rA.n...;.u;n..ns A Chairman: P 4bond.doc (02 104) Form 134512 -2004 J . 's . Western Surety Company POWER OF ATrORNEY KNOW ALL MEN BY THESE PRESENTS: That WESTERN SURETY COMPANY, a corporation organized and existing under the laws of the State of South Dakota, and authorized and licensed to do business in the States of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming, and the United States of America, does hereby make, constitute and appoint L. Mock of Sioux Falls State of South Dakota , with limited authority, its true and lawful Attomey -in -Fad, with full power and authority hereby conferred to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, the following bond: One - coTTRT rT.R bond with bond number 71352861 for AMY HEAVILIN as Prindpal in the penalty amount not to exceed: $5,000-00 Western Surety Company further certifies that the following Is a true and exact copy of Section 7 of the by-laws of Western Surety Company duly adopted and now in force, to-wit Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed In the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys -in -Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. In Witness Whereof, the said WESTERN SURETY COMPANY has caused these presents to be executed by its Vice President with the corporate seal affixed this 3rd da of December 2012 ATTEST I, i. WEST Q V �.G7C.Q'l. By A. Motor, Assistant Secretary STATE OF SOUTH DAKOTA ss COUNTY OF MINNEHAHA SURET COMPANY r Paul T. Bolliat. Vice President op 41 04-1 1 u On this 3rd day of December 2012 , before me, a Notary Public, personally appeared Paul T . Bruflat and A. Vietor who, being by me duly sworn, acknowledged that they signed the above Power of Attorney as vice Pxesident and Assistant Secretary, respectively, of the said WESTERN SURETY COMPANY, and acknowledged said Instrument to be the voluntary �t•aDd¢•.�if1.GgRA0.ti S. PETRIK A NOTARY PUBLIC l i SOUTH DAKOTA SEAL i ♦ titi•. •.ti•,•,•......,...,.,..%%%%%%%% ♦ Notary Public My Commission Expires August 11, 2016 Form 672 - 8-2012