Item N2M
C ounty of f Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
Th e Florida Keys
Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
January 17, 2018
Agenda Item Number: N2
Agenda Item Summary #3688
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger (305) 292 -3470
None.
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: Section 137.05, Florida Statutes, 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.
Pursuant to § 2 -28 of the Monroe County Code, the minimum bond amounts are as follows:
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 the officer purchases appropriate insurance coverage in excess of the required
bond amount.
The County currently maintains sufficient insurance coverage for its county commissioners to satisfy
the requirements of the ordinance. Documentation of coverage for all constitutional officers is
included in the attached agenda backup.
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: n/a
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval of finding that the current bonds are adequate.
DOCUMENTATION:
Sec. 2 -28 Pubilc Official Bonds MCC
Oct. 15 2014 Email from Sid Webber, Interisk re: Public Official Bonds
County Public Officials Liabiility Coverage documentation
CLERK Kevin Madok public official bond expiring January 3, 2021
SHERIFF Public Officials Liability Coverage and Law Enforcement Liability Coverage both
expring 10 12018
TAX COLLECTOR public official bond expiring January 7, 2019
PROPERTY APPRAISER Public Official Bond expiring January 1, 2021
COMMISSIONER CARRUTHERS public official bond expiring November 18, 2020
COMMISSIONER KOLHAGE public official bond expiring November 20, 2020
SUPERVISOR OF ELECTIONS Public Official Bond expiring January 8, 2022
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
REVIEWED BY:
Maria Slavik Completed 12/05/2017 12:01 PM
Bob Shillinger Completed 12/07/2017 4:06 PM
Kathy Peters Completed 12/07/2017 4:17 PM
Board of County Commissioners Pending 01/17/2018 9:00 AM
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
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
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(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. No. 029-2013,§ 2
Page 1
Cubject: FW: Faithful Performance Bonds for County Commissionerg.
From. Sid Webber [mailto:sid,webber@interisk.net]
Sent: Wednesday, October 15, 2014 10:07 AM
To: Slavik-MM
Subject: Faithful Perforamnce Bonds for County Commissoners
Em
As a follow up to our telephone conversation that we had with Bob Shillinger yesterday, the following comments are
offered.
4. It is believed that since the term "faithfully perform" is not defined in the Bonds, it will be difficult to perfect a
claim.
5. Since proceeds from the Bonds are paid to the Governor, the County will not experience any benefits from the
Bonds.
6. The County currently purchases "Employee Dishonesty" coverage (with limits • $1,000,000) that provides
coverage for the County Commissioners and the County also purchases "Public Officials Liability" coverage (with
limits of $5 million) that provides the County with protection for the actions of the Board members. "Public
Officials Liability" is also referred to as "Errors and Omissions" Liability.
Based on the limitations of the current "Faithfull Performance" bonds discussed above and that the County currently
maintains coverages (Employee Dishonesty and Public Officials Liability) that is believed to be consistent with the intenl�
of Florida Statute § 13704, it is recommended that the County consider discontinuing the purchase of the "Faithfull
Performance" bonds they are currently purchasing.
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From: Slavik-Maria
Sent: Tuesday, December 05, 2017 3:08 PM
To: Peters- Katherine
Subject: W Public Officials Liability
Attachments: Public Officials Sections of FLC policy.pdf
As a follow up to our telephone conversation the policy that we purchase from the Florida League of Cities provides
Public Officials Liability coverage for all employees and members of the BOCC. Limits of $5 million are provided subject
to a $200,000 SIR. Attached are sections • the FIX policy that provides the coverage.
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FLORIDA LEAGUE OF CITIES
SPONSORED INSURANCE PROGRAMS
DECLARATIONS
I. DESIGNATED MEMBER: Monroe County Board of County Commissioners
Address: 1111 12th Street Suite 408
Key West, FL 33040
II. COVERAGE PERIOD
From October 1, 2017 to October 1, 2018
12:01 A.M. Standard Time at the address of the Designated Member.
III. AGREEMENT NUMBER
Florida Municipal Insurance Trust (FMIT) FMIT #0386
IV. COVERAGES INCLUDED
General Liability
Automobile
Workers' Compensation
V. ESTIMATED ANNUAL PREMIUM
Normal
Expense
Incentive
Net
Premium
Constant
Credit
Premium
$680,848
$200
$(7,915)
$673,133
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Signature of Authorized Representative Date
FLORIDA MUNICIPAL INSURANCE TRUST
APPLICABLE TO: GENERAL LIABILITY, AUTOMOBILE, PROPERTY AND ALLIED LINES
In consideration of the Member's payment of the required contributions and the covenants and
terms set forth in (a) the Conditions of Coverage, (b) the Member's Application for Participation
including the statements and representations contained therein, (c) the Declarations and (d) the
Coverage Agreement including coverage endorsements, terms, conditions, limits of liability,
exclusions and other provisions thereof (a, b, c, and d shall hereinafter collectively form and be
referred to as the "Coverage Agreement "), the Florida Municipal Insurance Trust (hereinafter the
"Trust ") hereby enters this Coverage Agreement with the Member as follows:
COVERAGE
The Trust will pay all sums which a Member becomes legally obligated to pay as damages because
of:
Bodily Injury
Property Damage
Personal Injury, or
Advertising Injury
to which this Coverage Agreement and any endorsements thereto apply if caused by an occurrence
which takes place during the coverage period of this Coverage Agreement.
As a pre - requisite to any coverage provided by the Trust under this Coverage Agreement, the
Member expressly agrees to each of the Conditions contained in the Member Conditions of
Coverage provided with this Coverage Agreement, along with the provisions of the Coverage
Agreement and Declaration of Trust creating the Florida Municipal Insurance Trust and any rules,
policies and procedures adopted by the Trust, which shall be deemed a part of this Coverage
Agreement, whether expressly restated herein or not.
LIMIT OF LIABILITY
Regardless of the number of (1) Members under this Coverage Agreement, (2) persons or
organizations who sustain injury or damage, or (3) claims made or suits brought on account of
bodily injury, property damage, personal injury or advertising injury, the liability of the Trust is limited
as follows:
The total liability of the Trust applicable to "each person" under all coverages and endorsements for
all damages, including but not limited to damage awards for derivative claims, taxable costs,
claimant attorney's fees, and prejudgment or post- judgment interest, sustained by one person or
organization as the result of any one occurrence shall not exceed the limit of liability stated in the
Declarations and endorsements thereto.
The total liability of the Trust applicable to "each occurrence" under all coverages and
endorsements for all damages, including but not limited to damage awards for derivative claims,
taxable costs, claimant attorney's fees, and prejudgment or post - judgment interest, sustained by
more than one person or organization as the result of any one occurrence shall not exceed the limit
of liability stated in the Declarations and endorsements thereto. Unless otherwise specified, the
costs and expenses necessary to investigate and defend any claim or suit to which this Coverage
Agreement applies shall not reduce the Limit of Liability.
FMIT CA 1017 Pa Packet Pg. 2324
For the purpose of determining the limit of the Trust's liability, all damages arising out of continuous
or repeated exposure to substantially the same general conditions shall be considered as arising
out of one "occurrence," as that term is defined herein.
DEFENSE AND SETTLEMENT
The Trust will settle or defend, as it considers appropriate, any claim or suit demanding money
damages and covered by this Coverage Agreement. The Trust will defend any suit against a
Member which alleges a claim for money damages covered by this Coverage Agreement even if
such suit is eventually found groundless, false or fraudulent. However, the Trust has no duty to
defend or indemnify a Member in any claim or suit which on its face alleges facts excluded or not
covered by this Coverage Agreement.
In the event a suit or other action contains allegations which allege damages which the Trust has a
duty to defend and other allegations which allege damages or other relief that the Trust does not
have a duty to defend, the Trust will defend all allegations subject to the terms, conditions, limits of
liability and exclusions of the Coverage Agreement; however, undertaking such defense shall not
obligate the Trust to pay any judgments, settlements or awards which a Member becomes legally
obligated to pay for allegations to which coverage does not apply. The Trust's duty to defend ends
when applicable Limits of Liability have been exhausted.
As a condition of coverage under this Coverage Agreement, the Member agrees that settlement of
any claim or suit may involve the payment of proceeds andlor the taking or forbearing to take
certain actions by the Member. Accordingly, the following requirements shall apply to all settlement
efforts by the Trust and any party acting as the Trust's appointed representative or agent:
For any occurrence resulting in a claim or suit for damages, if the Trust gives
written notice of its recommendation for settlement, including the payment of
proceeds to settle a claim or suit andlor the taking or forbearing to take certain
actions by the Member, and the Member does not affirmatively accept such
recommendation within a reasonably requested time period contained in the notice,
not to exceed thirty (30) days following receipt of such notice, the Trust's sole
coverage obligation to the Member shall then not exceed the lesser of:
a. The sum for which the claim or suit could have been settled at the time set
forth in the notice of the Trust's recommendation for settlement; and
b. The costs and expenses incurred by the Trust to defend the claim or suit
through the date on which the Member was required to provide its affirmative
acceptance of the recommendation for settlement; or
c. If less than the sum of a. and b. above, the unused portion of the stated limit of
liability contained within the Declarations, less any self- insured retention or
deductible amounts owed by the Member.
Z In its application of the foregoing provision, the Trust shall have no obligation to
obtain prior notice or authorization of the Member or its legal counsel to make any
proposed settlement, actual settlement or partial settlement of any claim or suit
covered under this Coverage Agreement.
As a condition of coverage under this Coverage Agreement, the Member agrees:
For any occurrence resulting in a claim or suit for damages for which coverage
under this Coverage Agreement is sought, the Trust, in its sole discretion, may
investigate; settle; coordinate the defense of claims or counts within suits which
may not be expressly covered by this Coverage Agreement but which provide
FMIT CA 1017 Pa Packet Pg. 2325
strategic benefits through coordinated litigation; andlor use of any other claim
defense measures permitted by applicable rules of state law and attorney
professional conduct, without the prior consent or approval of the Member.
Z The Trust shall have no obligation to retain more than one attorney to defend all
Members involved in any occurrence resulting in a claim or suit for damages
covered by this Coverage Agreement, absent a clearly expressed conflict of
interest from the attorney initially retained by the Trust.
3. The Trust shall remain in control of the defense for any occurrence resulting in a
claim or suit for damages for which the Trust is obligated to provide a defense or
elects to provide a defense to the Member, notwithstanding any of the following:
a. There is more than one defendant against whom a claim or suit is brought;
b. There is any real or perceived conflict between or among the Trust, any Member
or any defendant(s) involved in any claim or suit;
c. The Trust has reserved its right to deny or limit its coverage in any claim or suit;
d. The Trust or the Member initiates any claim or suit against any other Trust
Member.
In the event any court of competent jurisdiction orders the Trust to provide attorney
representation beyond the attorney(s) retained by the Trust to defend any claim or
suit, the Member shall be entitled to the fees and charges for such court- ordered
attorney representation only to the extent of usual, customary and reasonable legal
fees and charges ordinarily paid to attorneys retained by the Trust.
DEFINITIONS
The following definitions apply throughout this Coverage Agreement unless modified or excluded:
A. Advertising Injury, means injury arising out of an offense committed during the Coverage
Agreement period occurring in the course of the Designated Member's advertising
activities; if such injury arises out of libel, slander, defamation, violation of right of privacy,
oral or written publication of material, misappropriation of advertising ideas or style of doing
business or infringement of copyright, title, or slogan.
B. Agreement Territory, means the United States of America, its territories and possessions,
Puerto Rico and Canada.
C. Automobile, means a land motor vehicle, trailer or semi - trailer designed for travel on public
roads (including any machinery or apparatus attached thereto)-or, any other land vehicle
that is subject to a compulsory or financial responsibility law or other motor vehicle
insurance law in the state where it is licensed or principally garaged. However, "auto" does
not include "mobile equipment ".
D. Bert J. Harris, Jr., Private Property Rights Act Claim, means a claim alleging a cause of
action authorized by section 70.001, Fla. Stat., as amended from time to time.
E. Blanket Coverage, means in the event of a claim, the Member's covered property
coverage limit shall include the aggregate sum of agreed property values that were
specified in the Member's Statement of Values and upon which the Member's coverage
and premiums were underwritten for the relevant coverage period. A blanket limit shall only
apply when the designation "Blanket" is noted within the Member's Property, Allied Lines
FMIT CA 1017 Pa Packet Pg. 2326
and Crime Declarations page; shall only apply to covered property described at a
Scheduled Location; and shall be subject to any specifically capped property damage
coverage limit agreed to by the Designated Member and referenced in the Declarations.
F. Bodily Injury, means bodily injury, sickness or disease sustained by a person, including
death resulting from any of these at any time resulting from an occurrence during the period
of this Coverage Agreement.
G. Communicable Disease includes but is not limited to Acquired Immune Deficiency
Syndrome (AIDS), and any other sexually transmitted disease.
H. Designated Member, means the entity, organization or constitutional officer named in Item
I. or V. of the Declarations of this Coverage Agreement; Designated Member does not
include employees or agents of that entity or organization.
L Designated Member's Products, means goods or products manufactured, sold, handled,
or distributed by the Designated Member or by others trading under his name, including
any container thereof (other than a vehicle), but "Designated Member's products" shall not
include a vending machine or any other property, rented to or located for use of others but
not sold.
J. Elevator, means any hoisting or lowering device to connect floors or landings, whether or
not in service, and all appliances thereof; but does not include an automobile servicing
hoist, a material hoist used in alteration, construction or demolition operations, or an
inclined conveyor used exclusively for carrying property or a dumbwaiter.
K. Employee Benefits Program, means any pension and profit sharing plan; individual
retirement account (IRA) plan; salary reduction plan under Internal Revenue Code 401 (k)
or Amendments; employee stock subscription plan, savings plan; group plan for life, health,
dental, disability, automobile, home owners, or legal services insurance; social security
system benefits; workers' compensation and unemployment insurance; travel and vacation
plans; or educational tuition reimbursement plans created, administered or endorsed by a
Member.
Employment Practices liability means liability arising from a claim or suit alleging
damages as a result of any of the fallowing acts or omissions by the Designated Member
as an employer:
1. discrimination, (including but not limited to discrimination based upon age, gender,
race, color, national origin, religion, sexual orientation or preference, pregnancy or
disability);
2. employment - related misrepresentations) to an employee or applicant for
employment with the Public Entity;
1 failure to grant tenure;
4. failure to provide or enforce adequate or consistent policies and procedure relating
to any Employment Practices Violation;
5. harassment (including sexual harassment whether "quid pro quo ", hostile work
environment or otherwise);
6. retaliation (including lockouts) or alleged employment decisions involving violation
of any state, or local whistleblower protection law;
FMIT'CA 1017 Pa Packet Pg. 2327
7. violation of an individual's civil rights relating to any of the above but only if the
Employment Practices Violation relates to an employee or applicant for
employment with the Public Entity whether direct, indirect, intentional or
unintentional;
8. wrongful deprivation of career opportunity, wrongful demotion or negligent
employee evaluation, including the giving of negative or defamatory statements in
connection with an employee reference;
9. wrongful discipline;
10, wrongful dismissal, discharge or termination, either actual or constructive;
11, wrongful failure to employ or promote.
M. Errors and Omissions, means a claim for damages alleging liability for any error,
misstatement, omission, neglect or breach of duty by Members while lawfully acting in their
official capacity or lawfully acting within the scope of their employment, whether acting
individually or collectively, excluding any claim based on a failure to properly effect any
insurance coverage agreement or secure adequate insurance coverage from any insuring
entity including the Trust and excluding any claim related to matters arising before the State
of Florida Commission on Ethics, or any local ethics commission created by charter or
ordinance which has jurisdiction over the alleged misconduct.
N. Incidental Contract, means a written (a) lease of premises, (b) easement or license
agreement granted to the Member, except in connection with construction or demolition
operations on or within 50 feet of a railroad (c) obligation to indemnify a municipality, as
required by municipal ordinance, except in connection with work for a municipality (d) an
elevator maintenance agreement; or (e) contract otherwise entered by the Member for
which tort liability would be imposed against the Member even in the absence of the
contract, but does not include any contract that: involves the provision of professional
services by an architect, engineer or surveyor; seeks to impose liability under a warranty of
the fitness or quality of the Member's products or a warranty that work performed by or on
behalf of the Member will be done in a workmanlike manner; seeks to hold harmless and/or
indemnify any person or entity excluded from the scope of 768.28, Fla. Stat.; seeks to
make the Member liable for any claim, lass or damages proximately caused by the
negligent act or omission of another party, its directors, officers, employees, contractors
and /or agents; seeks to waive the Member's sovereign immunity or extend the Member's
tort liability beyond the limits expressly provided in Section 768.28 F.S.; seeks to impose
contractual liability on the Member for underlying tort claims beyond the limits expressly
provided in Section 768.28 F.S.; or does not otherwise comply with the express provisions
of Section 768.28 F.S.
0, Incidental Medical Malpractice Injury, means bodily injury arising out of the rendering of
or failure to render medical services or treatment by a non - professional during the period of
this Coverage Agreement, including the following services:
medical, surgical, dental, x -ray or nursing service or treatment or the furnishing of
food or beverages in connection therewith; or
2. the furnishing or dispensing of drugs or medical, dental or surgical supplies or
appliances.
P. Interlocal Agreement, means an agreement that is authorized and entered pursuant to
Chapter 163, Fla. Stat. and that complies with the express provisions of Section 768.28 Fla.
Stat.
FMIT CA 1017 Pa Packet Pg. 2328
Q. Inverse Condemnation, means any affirmative regulatory action by a Designated Member
resulting in the deprivation of substantially all economically beneficial or productive use of
private property and the resulting cause of action by the affected property owner to recover
any loss in monetary value resulting from the regulatory action.
As defined, "inverse condemnation" excludes any physical taking of property or diminution
of access to property, by whatever means and whatever name called.
R. Loading or unloading, means the handling of property:
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
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."
Member, as used herein means
the Designated Member; and
2. while acting within the scope of his employment, any officer (except constitutional
officers), volunteer, servant, or employee of the Designated Member, including
elected and appointed officials, and members of Boards or Commissions created
by the Designated Member. However, the coverage so provided any officer,
servant, or employee does not apply to bodily injury to another officer, servant or
employee of the Designated Member injured in the course of and arising out of his
employment.
The coverage afforded applies separately to each Member against whom claim is made or
suit is brought, except with respect to the limits of liability of the Trust; and does not apply to
bodily injury or property damage or personal injury liability arising out of the conduct of any
partnership or joint venture of which a Member is a partner or participant and which is not
specified in this Coverage Agreement as a Designated Member.
T. Mobile Equipment, means a land vehicle (including any machinery or apparatus attached
thereto), whether or not self propelled, (a) not subject to motor vehicle registration, or (b)
maintained for use exclusively on premises owned by or rented to the Designated Member,
including the ways immediately adjoining, or (c) designed for use principally off public
roads, or (d) designed or maintained for the sole purpose of affording mobility to equipment
of the fallowing types forming an integral part of or permanently attached to such vehicle:
power cranes, shovels, loaders, diggers and drills; concrete mixers, graders, scrapers,
rollers and other road construction or repair equipment; air compressors, pumps and
generators, including spreading, welding and building cleaning equipment; and geophysical
exploration and well servicing equipment.
U. Mold, Spores and/or Fungus, means any mold, spores and/or fungus of any type of
nature whatsoever that can cause or threaten harm to any living organism (including
human health or human welfare, or the health or welfare of any animal or plant) or can
cause or threaten physical damage, deterioration, loss of use, and/or loss of value or
FMIT CA 1017 Pa Packet Pg. 2329
marketability, to any tangible property whatsoever. This includes, but is not limited to, any
type {s} of mold, spores andlor fungus that are harmful or potentially harmful to health or
welfare (such as Stachybotrys and others), or that are damaging or potentially damaging to
tangible property (such as wet or dry rot, mildew and others) or that can otherwise cause or
threaten to cause bodily injury, property damage, personal injury or advertising injury or any
kind whatsoever.
V. Occurrence, means an event or accident, including continuous or repeated exposure to
substantially the same general harmful conditions which result in bodily injury, property
damage, personal injury or advertising injury and not arising from any form of intentional
misconduct. It is agreed that a single occurrence shall be deemed to arise in the event one
or more claims for damages allege injury based on a series of similar causes or allege
injury based on a common nucleus of operative facts:
1. that happen over a period of time; or
2. that happen repeatedly; or
1 that form a course of conduct; or
4. that involve ordinances, resolutions, policies, procedures or legislative enactments
that involve the same or substantially similar subject matter; or
5. that involve the adoption or enforcement, failure to adopt or failure to enforce:
ordinances, resolutions, policies, procedures or legislative enactments that involve
the same or substantially similar subject matter; or
6. that are certified by a court of competent jurisdiction to form the basis for class -
action litigation.
W. Personal Injury, means injury sustained by any person or organization arising out of one
or more of the following offenses committed during the term of this Coverage Agreement.
false arrest, detention, imprisonment;
2. wrongful entry or eviction, or other invasion of the right of private occupancy;
3. publication or utterance:
a. of material that libels, slanders or defames or disparages a person or
organization's goods, products or services; or;
b. of material that violates an individual's right of privacy;
except that publications or utterances in the course of or related to broadcasting,
publishing, or telecasting activities conducted by or on behalf of the Designated
Member shall not be deemed personal injury;
K Pollutants, mean any solid, liquid, biological, gaseous or thermal irritant or contaminate,
including smoke, dust, vapor, soot, fumes, acids, alkalis, chemicals and electromagnetic
radiation, liquids, gases, other irritants or contaminants and waste. Waste includes
materials to be recycled, reconditioned or reclaimed.
FMIT CA 1017 Pa Packet Pg. 2330
Y. 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:
a. products that are still in your physical possession; or
work that has not yet been completed or abandoned. However, "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 jab site has been completed
if your contract calls for work at more than one job site.
(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 sub - contractor 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.
2. 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 not owned or operated by you, and that
condition was created by the "loading or unloading" of that vehicle by any
insured;
The existence of tools, uninstalled equipment or abandoned or unused
materials; or
C. Products or operations for which the classification, listed in the
Declarations or in a policy schedule, states that products- completed
operations are subject to the General Aggregate Limit.
Z. Property Damage, means (a) physical injury to or destruction of tangible property which
occurs during the policy period, including the loss of use thereof at any time resulting there
from, or (b) loss of use of tangible property which has not been physically injured or
destroyed provided such loss of use is caused by an occurrence during the period of this
Coverage Agreement.
AA. Scheduled Location, means a location (whether physical street address or narrative
description of the location) identified within the Designated Member's Declarations
(including the Real and Personal Property Schedule or Property In The Open (PITO)
Schedule) at which the Trust and Designated Member have agreed, subject to all terms,
conditions, exclusions and other provisions forming the Coverage Agreement, loss or
damage to property at such location may be covered within the relevant Property and Allied
Coverages Limit (including PITO Coverage Sub- Limit) shown in the Declarations.
BB, Sexual Action includes, but is not limited to, any verbal or non - verbal communication,
behavior or conduct with sexual connotations or purposes, whether for sexual gratification,
intimidation, coercion or other purpose, and regardless of whether such action is alleged to
be intentional or negligent.
FMIT CA 1017 Pa Packet Pg. 2331
CC. Sexual Abuse shall include, but is not limited to, the negligent or intentional infliction of
physical, emotional or psychological injury or harm on any person or persons in the care,
custody or control of any Member and also includes one or more of the following acts:
any penetration, however slight, of the vagina or anal opening of one person by the
penis of another person, whether or not there is the emission of semen.
Z any sexual contact between the genitals or anal opening of one person and the
mouth or tongue of another person.
I any intrusion by one person into the genitals or anal opening of another person,
including the use of any object for this purpose, except that this does not include
any act intended for a valid medical purpose.
4. the intentional touching of the genitals or intimate parts, including the breasts,
genital area, groin, inner thighs, and buttocks, or the clothing covering them, of
either the individual or the perpetrator, except that this does not include:
a. any act which may reasonably be construed to be a normal caregiver
responsibility, any interaction with, or affection for an individual; or
b. any act intended for a valid medical purpose.
5. the intentional masturbation of the perpetrator's genitals.
& the intentional exposure of the perpetrator's genitals in the presence of an
individual, or any other sexual act intentionally perpetrated in the presence of an
individual, if such exposure or sexual act is for the purpose of sexual arousal or
gratification, aggression, degradation, or other similar purpose.
T the sexual exploitation of an individual, which includes allowing, encouraging, or
forcing an individual to:
a. solicitation for or engage in prostitution; or
b. any play, motion picture, photograph, or dance or any other visual
representation exhibited before an audience.
DD. Suit, means a civil proceeding in which damages because of "bodily injury," "property
damage ", "personal injury or advertising injury" to which this coverage applies are alleged.
"Suit" includes:
an arbitration proceeding in which such damages are claimed and to which the
Member must submit or does submit without consent; or
Z any other alternative dispute resolution proceeding in which such damages are
claimed and to which the Member submits with our consent.
EE. Your Product
means:
a. any goods or products, other than real property, manufactured, sold,
handled, distributed or disposed of by:
(1) you;
FMIT CA 1017 Pa Packet Pg. 2332
(2) others trading under your name; or
(3) a person or organization whose business or assets you have
acquired; and
b. containers (other than vehicles), materials, parts or equipment furnished in
connection with such goods or products.
2. includes:
a. warranties or representations made at any time with respect to the fitness,
quality, durability, performance or use of "your product;" and
b. the providing of or failure to provide warnings or instructions.
1 does not include vending machines or other property rented to or located for the
use of others but not sold.
FF. 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.
2. includes:
a. warranties or representations made at any time with respect to the fitness,
quality, durability, performance or use of "your work," and
b. the providing of or failure to provide warnings or instructions.
GG. Aircraft means an airplane, helicopter, or other machine capable of flight, including any
unmanned or remotely operated variation of such machines such as "drones" or the like.
HH. Property In The Open ("PITO") means certain personal property owned by the
Designated Member which satisfies all terms and conditions required for coverage as
defined in the PITO Endorsement.
II, PITO Property Schedule means the portion of the Designated Member's Coverage
Agreement which consists of a list of specific PITO property items eligible for coverage
within the relevant PITO Coverage Sub -Limit shown in the Declarations and, subject to all
terms, conditions, exclusions and other provisions forming the Coverage Agreement,
includes: an identified location of the PITO property (whether physical street address or
narrative description of the PITO property location) and a description of the PITO property
by type, name and/or other detail.
JJ. Real and Personal Property Schedule means the portion of the Designated Member's
Coverage Agreement which consists of a list of all building, business personal property or
other specifically identified property of the Designated Member, excluding PITO property,
which is eligible for coverage within the relevant Property and Allied Coverage Limit shown
in the Declarations and, subject to all terms, conditions, exclusions and other provisions
forming the Coverage Agreement, includes: an identified location of the covered property
FMIT CA 1017 Pag Packet Pg. 2333
(whether physical street address or narrative description of the covered property location)
and a description of the covered property by type, name andlor other detail.
EXCLUSIONS
This Coverage Agreement does not apply:
A. to any liability arising from any alleged breach of any express or implied contract, nor to
bodily injury, property damage or any liability arising out of the Member's assumption of
liability in a contract or agreement, except an incidental contract or interlocal agreement, as
those terms are defined herein;
to bodily injury or property damage arising out of the ownership, maintenance, operation,
use, loading or unloading of:
1. any automobile operated by or rented or loaned to any Member;
2. any other automobile operated by any person in the course of his employment by
any Member; but this exclusion does not apply to the parking of an automobile on
premises owned by, rented to or controlled by the Member or the ways
immediately adjoining, if such automobile is not owned by or rented or loaned to
any Member;
I any vehicle while being used in any pre- arranged or organized racing, speed or
demolition contest or in any stunting activity or in practice or preparation for any
contest or activity;
C. to bodily injury or property damage arising out of:
1. the ownership, maintenance, operation, use, loading or unloading of any mobile
equipment while being used in any pre- arranged or organized racing, speed or
demolition contest or in any stunting activity or in practice or preparation for any
such contest or activity;
2. the operation or use of any trailer designed for use therewith; or
I the ownership, maintenance, operation, or use of a water theme park.
D. to bodily injury or property damage arising out of the ownership, maintenance, operation,
use, loading or unloading of:
1. any watercraft used in law enforcement over fifty two (52) feet in length or thirty five
(35) feet in length for all other watercraft;
2. any passenger while in or upon, entering or alighting from any watercraft, however,
this exclusion does not apply to a watercraft you do not own that is not being used
to carry persons or property for a charge; or
I barge or lighter rented by the Member to others with respect to which the Member
does not furnish employees to operate and does not have any operating control;
4. any watercraft while being used in any pre - arranged or organized racing, speed or
demolition contest or in any stunting activity or in practice or preparation for any
contest or activity;
5. any watercraft or structure being used as an artificial reef or similar purpose;
& any marina operation owned, leased or operated by the Member.
E. to bodily injury or property damage arising out of the ownership, maintenance, operation,
use, loading or unloading of:
1. any aircraft owned or operated by or rented or loaned to any Member;
2. any other aircraft operated by any person in the course of his employment by any
Member; but this exclusion does not apply to aircraft while parked on premises
owned by, rented to or controlled by the Member;
to any liability arising out of or caused or contributed to by any maintenance, operation, use
or control of or responsibility for any airfield, airport, runway, hangar, building or other
FMIT CA 1017 Pa Packet Pg. 2334
property or facility designed for, used, connected, associated or affiliated with or in any way
related to aviation or aviation activities or operations; provided that liability for services
performed or premises located at or on any airfield, airport or aviation facility not directly
related to aviation activities or operations, and not covered by any other liability insurance,
shall not be excluded from coverage by this exclusion;
G. any claim for bodily injury, property damage (including the loss of use thereof), personal
injury or advertising injury caused by, contributed to or arising out of the actual or
threatened discharge, dispersal, disposal, leaching, migration, seepage, release, or escape
of pollutants and/or contaminants into or upon the land, the atmosphere or any course or
body of water, whether above or below ground. However, this exclusion does 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 burns outside the area intended to
be or which becomes uncontrollable.
H. any damages arising out of the ingestion, inhalation or absorption of lead in any form. Any
loss, cost or expense arising out of any:
1. request, demand or order that any "Member" or others test for, monitor, clean up,
remove, contain, treat, detoxify, or neutralize, or in any way respond to, or assess
the effects of lead; or
Z 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 lead.
I. any damages from the process of continued surface and /or subsurface degradation and
deterioration of lead based paint that has been applied to any surface of any building
whether considered commercial or residential.
I to bodily injury or property damage due to war, whether or not declared, civil war,
insurrection, rebellion and revolution, or to any act or condition incident to any of the
foregoing;
K. to any obligation for which any Member or any carrier as it's insurer may be held liable
under any social security, workers' compensation, employers liability, unemployment
compensation or disability benefits law, or under any similar law including any claims under
the Americans with Disabilities Act;
L. to bodily injury to any employee of the Designated Member arising out of and in the course
of his or her employment by the Designated Member or to any obligation of a Member to
indemnify another because of damages arising out of such injury; but this exclusion does
not apply to liability assumed by the Designated Member under an incidental contract. This
exclusion shall include any liability incurred by a Member as a result of an alleged wrongful
employment practice;
M. to property damage to property owned or occupied by, leased, or rented to a Member;
N. to property damage to premises alienated by the Member arising out of such premises or
any part thereof;
0, to loss of use of tangible property which has not been physically injured or destroyed
resulting from a delay in lack of performance by or on behalf of the Member of any
contract or agreement;
P. to property damage to the Member's products arising out of such products or any part of
such products; to property damage to work performed by or on behalf of the Member
FMIT CA 1017 Pag Packet Pg. 2335
arising out of the work or any portion thereof, or out of materials, parts or equipment
furnished in connection therewith; and to damages claimed for the withdrawal, inspection,
repair, replacement, or lass of use of the Member's products or work completed by or for
the Member or of any property of which such products or work form a part, if such products,
work or property are withdrawn from the market or from use because of any known or
suspected defect or deficiency therein;
Q. to any liability from the Member's completed operations arising out of:
1. loss of sales, customers or profits suffered by a person or entity affected by the
actions of the Member or its agents including any damages sustained by such
person or entities by virtue of a business interruption; or
2. loss resulting from theft of any property which at the time of loss is not an integral
part of a building or structure including direct loss by pillage and looting occurring
during and at the immediate place of a riot or civil commotion;
R. to any liability arising in whole, or in part out of:
1. any act or omission of a Member committed while acting outside the course and
scope of his employment, or committed in bad faith with malicious purpose, or in a
manner exhibiting wanton and willful disregard of human rights, safety or property;
2. any Member obtaining remuneration or financial gain to which the Member was not
legally entitled;
3. the willful violation of any federal, state or local law, ordinance or regulation
committed by or with the knowledge or consent of any Member; or
4. violation of public trust;
to any liability arising out of or in any way connected with a physical taking of property or
any diminution of access to property, by whatever means or whatever name called, the
operation of the principals of eminent domain, condemnation, proceedings, inverse
condemnation or takings law, whether permanent or temporary, including but not limited to,
claims arising out of federal, state or local land use, environmental, air, ground or water
pollution, or health, safety and welfare laws, ordinances or regulations, claims arising from
Chapter 70, Florida Statutes, known as the Bert J. Harris, Jr. Private Property Rights
Protection Act, as may be amended from time to time, or claims arising from activities by or
on behalf of a Member which result in permanent or temporary loss of use or value of
private property, whether such liability accrues directly against the Member, or by virtue of
any agreement entered into by or on behalf of the Member;
T. to any liability for injury, sickness, disease, death or destruction due to the rendering of or
failure to render any professional service by any doctor, surgeon, dentist, nurse, physician's
assistant, paramedic, emergency medical technician or other medical professional of a
Designated Member;
U. to any liability arising out of or in connection with or caused or contributed to by any failure
or inability to supply, in whole or in part, any adequate quantity or quality of power, steam,
pressure, water or fuel. Fuel includes, but is not limited to natural gas, heating oil and
propane;
V. to any liability 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;
W. to any liability as a result of flood or any liability as a result of water overflow damage,
including flooding, caused or contributed to by any failure, breakage, inadequacy,
maintenance of and/or design of any natural or man -made structure, including but not
FMIT CA 1017 Pag Packet Pg. 2336
limited to: any dam, dyke, levee, reservoir, water barrier, ditches, canals, gate, aqueduct,
water shed, channel or culvert;;
K to any liability for fines, punitive or exemplary damages; or any non compensatory
damages or penalties imposed pursuant to any federal or state anti - trust, civil rights, anti-
discrimination, or racketeer influence and corrupt organization (RICO) laws;
Y. to any damages imposed by special act of the Legislature;
Z. to any "bodily injury" or "property damage:
with respect to which a "Member' 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
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 "Member" 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.
a. 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.
under any Liability Coverage, to "bodily injury" or "property damage"
resulting from "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 "Member' 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 or, by or on behalf of a "Member "; or
(3) the "bodily injury" or "property damage" arises out of the furnishing
by a "Member' 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 thereat.
2. as used in this endorsement:
"Hazardous properties" includes radioactive, toxic or explosive properties.
"Nuclear material" means "source material ", "special nuclear material" or "by-
product material ".
FMIT CA 1017 Pag Packet Pg. 2337
"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 or exposed to radiation in a "nuclear reactor'.
"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:
a. any "nuclear reactor;
b. any equipment or device designed or used for (1) separating the isotopes
of uranium or plutonium, (2) processing or utilizing "spent fuel ", or (3)
handling, processing or packaging "waste ";
C, 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 "Member" 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; or
d. 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 onsuch 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 forms of radioactive contamination of
property.
AA. to personal injury arising out of any publication or utterance described in sub- paragraph W
3 of the definition of Personal Injury contained in the Definition section of this Coverage
Agreement (a) if the first injurious publication or utterance of the same or similar material by
or on behalf of the Designated Member was made prior to the effective date of this
coverage; (b) concerning any organization or business enterprise, or its products or
services, made by or at the direction of any Member with knowledge of the falsity thereof;
1313. to any liability arising out of errors and omissions as defined herein;
CC. to bodily injury or property damage for which the Designated Member or his indemnitee
may be held liable:
1. as an entity or organization engaged in manufacturing, distributing, selling,
furnishing or serving alcoholic beverages; or
2. if not so engaged, as an owner or lessor of premises used for such purposes,
FMIT CA 1017 Pag Packet Pg. 2338
if such liability is imposed
a. by, or because of the violation of, any statute, ordinance or regulation
pertaining to the sale, gift, distribution or use of any alcoholic beverages; or
b. by reason of the selling, serving, furnishing or giving of any alcoholic
beverage to a person who is not of legal drinking age, habitually addicted
to the use of any or all alcoholic beverages, to a person under the
influence of alcohol or which causes or contributes to the intoxication of
any person.
1 causing or contributing to the intoxication of any person.
This exclusion does not apply and coverage is afforded under the Coverage Agreement for
bodily injury or property damage claims or liability resulting from the providing or serving of
alcoholic beverages without charge to the public at functions incidental to a Designated
Members business or activity otherwise covered under the Coverage Agreement or any
endorsement thereto;
DD. to any claim, demand or action seeking injunctive, declaratory, writ of mandamus, or any
other non- monetary relief against a Designated Member or any of its agents;
EE. to any liability arising out of any actual or alleged sexual action, sexual abuse or
communicable disease.
However, this exclusion does not apply and coverage is afforded under this Coverage
Agreement to bodily injury or personal injury liability which may accrue against the
Designated Member as defined within the Definition section;
FF, to any liability for injury, loss or damage sustained by any person or entities arising from or
in anyway involving asbestos or other products containing asbestos or to asbestosis or any
other disease including mesothelioma and cancer related to as exposure nor any
liability for costs or expenses incurred in removing, cleaning up or nullifying such asbestos
product;
It is understood and agreed that the intent and effect of this exclusion is to delete from all
coverages afforded by this Coverage Agreement any loss, cost, or expense arising out of
any governmental direction, order or request that the Member test for, monitor, cleanup,
remove, contain, treat, detoxify or neutralize asbestos or asbestos products.
GG. to any liability arising out of errors and omissions as defined herein or other negligent or
wrongful act committed in the administration of any employee benefits program as defined
herein, for present or former employees of the Designated Member;
HH. to any liability arising out of or caused by or contributed to or connected with alleged
violation of the following:
1. Federal Fair Labor Standards Act.
Z Chapter 447, Florida Statutes.
1 Drivers Privacy Protection Act of 1994
4. National Labor Relations Act.
5. Worker Adjustment and Retraining Notification Act.
6. Consolidated Omnibus Budget Reconciliation Act of 1965.
7. Occupational Safety and Health Act.
8. Federal Employers Liability Act
9. Longshoreman's and Harbor Workers' Act
10. Employee Polygraph Protection Act
11, Defense Base Act
12. Outer Continental Shelf Lands Act
FMIT CA 1017 Pag Packet Pg. 2339
II. any claim requesting return or reimbursement of a special assessment, tax, service charge,
fine or fee or any other payment or overpayment to the Designated Member or Member;
J1 to any claim for attorneys' fees or casts for any action not covered by this Coverage
Agreement;
KK, to any damages which accrued or occurred prior to the effective date of this Coverage
Agreement notwithstanding the date of the occurrence;
LL. advertising injury arising out of:
1. Failure of performance of contract, but this exclusion does not apply to the
unauthorized appropriation of ideas upon alleged breach of implied contract, or
2. Infringement of trademark, service mark, or trade name, other than titles or
slogans, by use thereof or in connection with goods, products or services sold,
offered for sale, or advertised, or
3. Incorrect description or mistake in advertising price of goods, products or services
sold, offered for sale or advertised.
Also, with respect to advertising injury:
1. to any Member in the business of advertising, broadcasting, or telecasting, or
2. to any injury arising out of any act committed by the Member with actual malice.
MM. to any Bodily Injury Liability, Property Damage Liability, Personal Injury Liability,
Advertising Injury Liability, Products Liability and Completed Operations Hazard arising
directly or indirectly out of:
1. any actual or alleged failure, malfunction or inadequacy due to the inability to
correctly recognize, process, distinguish, interpret or accept the year 2000 and
beyond by:
a. any of the fallowing, whether belonging to any insured or to others: (a)
Computer application software; (b) Computer networks; (c)
Microprocessors (computer chips) not part of any computer system; (d)
Computer operating systems and related software; (e) Computer
hardware, including microprocessors; or (f) Any other computerized or
electronic equipment or components; or
b. any other products, and any services, data or functions that directly or
indirectly use or rely upon, in any manner, any of the items listed in the
preceding paragraph.
2. any advice, consultation, design, evaluation, inspection, installation,
maintenance, repair, replacement or supervision provided or done by you or for
you to determine, rectify or test for, any potential or actual problems described in
paragraph a. above.
W to any Bodily Injury Liability, Property Damage Liability, Personal Injury Liability, Advertising
Injury Liability, for which any Designated Member or Member under this Coverage
Agreement may be held liable arising out of the actual or threatened occurrence, growth,
release, transmission, migration, dispersal or exposure to any micro - organisms, biological
organisms, bioaerosols or organic containments, including but not limited to mold, spores
and/or fungus;
1. resulting from any actual or threatened exposure to, inhalation, absorption or
ingestion of, or physical contact with mold, spores and /or fungus;
2. resulting from any actual or threatened mold, spores, and/or fungus upon any real
property or personal property, product or work, premises, site or location, or any
other tangible property, or any Designated Member or Member or any other
person(s) or organization (s), located anywhere in the world;
FMIT CA 1017 Pag Packet Pg. 2340
1 resulting from any loss, cost or expense for any testing, monitoring, clean -up,
treatment or removal, or neutralization of mold, spores and/or fungus;
00. A. to "any injury or damage" arising, directly or indirectly, out of a "certified act of
terrorism" or an "other act of terrorism ". However, with respect to an "other act of
terrorism ", this exclusion applies only when one or more of the following are
attributed to such act:
the total of insured damage to all types of property exceeds $25,000,000.
In determining whether the $25,000,000 threshold is exceeded, we will
include all insured damage sustained by property of all persons and
entities affected by the terrorism and business interruption losses
sustained by owners or occupants of the damaged property. For the
purpose of this provision, insured damage means damage that is covered
by any insurance plus damage that would be covered by any insurance
but for the application of any terrorism exclusions; or
2. fifty or more persons sustain death or serious physical injury. For the
purposes of this provision, serious physical injury means:
a. physical injury that involves a substantial risk of death; or
b. protracted and obvious physical disfigurement; or
C, protracted loss of or impairment of the function of a bodily Member
or organ; or
3. the terrorism involves the use, release or escape of nuclear materials, or
directly or indirectly results in nuclear reaction or radiation or radioactive
contamination; or
the terrorism is carried out by means of the dispersal or application of
pathogenic or poisonous biological or chemical materials; or
pathogenic or poisonous biological or chemical materials are released, and
it appears that one purpose of the terrorism was to release such materials.
With respect to this exclusion, Paragraphs 1. and 2. describe the thresholds used
to measure the magnitude of an incident of an "other act of terrorism" and the
circumstances in which the threshold will apply for the purpose of determining
whether this exclusion will apply to that incident.
the following definitions are added:
for the purposes of this endorsement, "any injury or damage" means any
injury or damage covered under any Coverage Part to which this
endorsement is applicable, and includes but is not limited to "bodily injury",
"property damage ", "personal and advertising injury "," injury" or
"environmental damage" as may be defined in any applicable Coverage
Part.
2. "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 of 2002. The federal Terrorism Risk
Insurance Act of 2002 sets forth the following criteria for a "certified act of
terrorism ":
FMIT CA 1017 Pag Packet Pg. 2341
a. The act resulted in aggregate lasses in excess of $5 million; and
b. The act is a violent act or an act that is dangerous to human life,
property or infra - structure and is committed by an individual or
individuals acting on behalf of any foreign person or foreign
interest, 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.
3. "Other act of terrorism" means a violent act or an act that is dangerous to
human life, property or infrastructure that is committed by an individual or
individuals and that appears to be part of an effort to coerce a civilian
population or to influence the policy or affect the conduct of any
government by coercion, and the act is not certified as a terrorist act
pursuant to the federal Terrorism Risk Insurance Act of 2002. Multiple
incidents of an "other act of terrorism" which occur within a seventy -two
hour period and appear to be carried out in concert or to have a related
purpose or common leadership shall be considered to be one incident.
C. In the event of any incident of a "certified act of terrorism" or an "other act of
terrorism" that is not subject to this exclusion, coverage does not apply to any loss
or damage that is otherwise excluded under this Coverage Part.
PP, to bodily injury, personal injury or any liability arising from the Designated Member's law
enforcement activities. As used herein, and subject to all other terms and conditions
required under this Coverage Agreement, law enforcement activities means those activities
by Members, arising within the course and scope of lawful conduct authorized by the
Designated Member's police department or other law enforcement agency.
QQ. to any alleged violation of public records laws or public meetings laws contained in
Chapter 119, Florida Statutes or Chapter 286, Florida Statutes, as both may be amended
from time to time.
RR. to any claim for loss or damage to Property In the Open (PITO) as defined herein.
HERBICIDEIPESTICIDE COVERAGE
The Trust will pay for bodily injury or property damage caused directly by contact with herbicides or
pesticides sprayed by the Member into the air.
This coverage extension does not apply to bodily injury or property damage as described in
Exclusion G of the Coverage Agreement.
The limit of liability under this coverage extension is the amount of liability described in the
GenerallProfessional liability section of the Declaration Page or $1,000,000 aggregate per fund
year, whichever is the lesser amount, subject to any deductiblelself insured retention described on
the Declarations Page.
OTHER INSURANCE
The coverage afforded by this Coverage Agreement is primary, except when stated to apply in
excess of or contingent upon the absence of other insurance. When this coverage is primary and
the Member has other insurance which is stated to be applicable to a covered claim or suit on an
excess or contingent basis, the amount of the Trust's liability under this Coverage Agreement shall
not be reduced by the existence of such other insurance.
If any other insurance is valid and collectible against a covered claim or suit and provides for
contribution by equal shares, the Trust shall not be liable for a greater proportion of such covered
FMIT CA 1017 Pag Packet Pg. 2342
loss than would be payable if each party contributes an equal share until the share of each party
equals the lowest applicable limit of liability under any one policy or coverage agreement or the full
amount of the loss is paid, and with respect to any amount of loss not so paid the remaining parties
then continue to contribute equal shares of the remaining amount of the loss until each such party
has paid its limit in full or the full amount of the loss is paid.
If any such other insurance does not provide for contribution by equal shares, the Trust shall not be
liable for a greater proportion of such covered loss than the applicable limit of liability under this
Coverage Agreement for such loss bears to the total applicable limit of any other insurance which is
I valid and collectible against such loss.
FMIT CA 1017 Pag Packet Pg. 2343
FLORIDA MUNICIPAL INSURANCE TRUST
GENERAL /PROFESSIONAL LIABILITY COVERAGE AGREEMENT
DECLARATIONS
I. DESIGNATED MEMBER Agreement No.: FMIT #0386
Monroe County Board of County Commissioners
II. GOVERNMENT DESCRIPTION
County
III. COVERAGE PERIOD
From October 1, 2017 to October 1, 2018 12:01 A.M. Standard Time at the address of the Designated
Member.
IV. General /Professional Liability
Payroll:
1. General Liability
a. Broad Form Property Damage
b. Extra Contractual Legal Expense
c. Fire Legal Liability
d. Medical Attendants' /Medical
Directors' Malpractice Liability
2. Errors and Omissions Liability
a. Employment Practices Liability
b. Employee Benefits Program
Administration Liability
3. Information Security & Privacy Liability
THESE ARE CLAIMS MADE AND
REPORTED COVERAGES
Insuring Agreement I.A.
a. Information Security & Privacy Liability
Retroactive Date: 10/1/2016
Insuring Agreement I.B.
b. Privacy Notification Costs
Retroactive Date: 10/1/2016
Insuring Agreement I.C.
c. Regulatory Defense and Penalties
Retroactive Date: 10/1/2016
Insuring Agreement I.D.
d. Website Media Content Liability
Retroactive Date: 10/1/2016
Premium Deductible/ Net
Basis Type Limit Premium
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FMIT GL DEC 1017
$200,000SIR
$5,000,000
$195,316
48,615,111
$200,000SIR
Per Form
Included
N/A
$25,000
Included
$200,000SIR
$500,000
Included
$200,000SIR
$5,000,000
Included
$200,000SIR
$5,000,000
Included
$200,000SIR
$5,000,000
Included
$200,000SIR
$5,000,000
Included
$500,000 Each Claim
$500,000 Agreement
Aggregate Limit of
Liability
$25,000
Included
Included
$10,000
Included
Included
$25,000
Included
Included
$25,000
Included
Included
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FMIT GL DEC 1017
Insuring Agreement I.E.
e. PCI Fines and Costs
Retroactive Date: 10/1/2016
Insuring Agreement I.F.
f. Cyber Extortion
Retroactive Date: 10/1/2016
Insuring Agreement I.G.
g. First Party Data Protection
Retroactive Date: 10/1/2016
Insuring Agreement I.H.
h. First Party Network Business
Interruption
Retroactive Date: 10/1/2016
First Party Network Business
Interruption Sublimits of Liability
(1) Hourly sublimit
(2) Forensic Expense sublimit
(3) Dependent Business Interruption
sublimit
V. This agreement includes these endorsements and schedules: See Schedule A
VI. ESTIMATED ANNUAL PREMIUM
Florida Municipal Insurance Trust (FMIT)
Normal
Premium
$195,316
Florida League of Cities Sponsored Insurance Programs Since 1977
THIS DECLARATIONS AND THE SUPPLEMENTAL DECLARATIONS, TOGETHER WITH THE COMMON
CONDITIONS, COVERAGE FORM(S) AND ENDORSEMENTS COMPLETE THE ABOVE NUMBERED
AGREEMENT.
FMIT GL DEC 1017
$25,000
Included
Included
$35,000
Included
Included
$35,000
Included
Included
$35,000
Included
Included
(1) $25,000 each
claim included in
above aggregate
(2) $50,000 each
claim included in
above aggregate
(3) $50,000 each
claim included in
above aggregate
V. This agreement includes these endorsements and schedules: See Schedule A
VI. ESTIMATED ANNUAL PREMIUM
Florida Municipal Insurance Trust (FMIT)
Normal
Premium
$195,316
Florida League of Cities Sponsored Insurance Programs Since 1977
THIS DECLARATIONS AND THE SUPPLEMENTAL DECLARATIONS, TOGETHER WITH THE COMMON
CONDITIONS, COVERAGE FORM(S) AND ENDORSEMENTS COMPLETE THE ABOVE NUMBERED
AGREEMENT.
FMIT GL DEC 1017
THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY
ERRORS AND OMISSIONS LIABILITY ENDORSEMENT
This endorsement issued by the Trust extends and modifies the provisions of the
Agreement relating to liability for Public Officials Errors and Omissions as set forth below:
It is agreed that as of the effective date hereof, the Coverage Agreement is amended in the
following particulars:
The Coverage Agreement is amended to include the following additional coverage:
The Trust will pay all sums a Designated Member becomes legally obligated to pay as
damages to any person other than the Member by reason of "Errors and Omissions" as
defined in the Coverage Agreement committed by a Member acting in his official capacity
which takes place during the period of this Coverage Agreement, subject to all terms,
conditions, exclusions and limits of liability of the Coverage Agreement and this
endorsement.
III. The Definition Section is amended to include the following additional definitions which
shall apply exclusively to this endorsement.
A. Member for purposes of coverage under this endorsement shall not include any of
the fallowing individuals, boards, commissions, authorities, units or administrative
departments or agencies of:
Schools
Airports
Hospitals
B. Official Capacity means the capacity of a Member while lawfully acting for or on
behalf of the Designated Member, or while lawfully acting in aid of the duties or
functions which come within the scope of the Member's employment by the
Designated Member.
IV. The Exclusion Section of the Coverage Agreement is amended as follows for this
endorsement:
A. Exclusion L of the Coverage Agreement is amended to read:
to bodily injury to any employee of the Designated Member arising out of
and in the course of employment by the Designated Member or to any
obligation of a Member to indemnify another because of damages arising
out of such injury; but this exclusion does not apply to liability assumed by
the Designated Member under an incidental contract.
B. Exclusion BB of the Coverage Agreement is deleted.
C. The following additional exclusions are included for purposes of this endorsement:
This endorsement does not apply to any liability arising out of the fallowing:
FMIT EO 1017
1. based upon or attributable to any Member gaining in fact any profit or
advantage to which such Member was not legally entitled, including
remuneration paid in violation of law as determined by the courts;
2. brought about or contributed to by fraud, dishonesty, or bad faith of a
Member; however, notwithstanding the foregoing, the Member shall be
covered under the terms of this Agreement as to any claims upon which
suit may be brought against them by reason of any alleged fraud or
dishonesty on the part of any Member, unless a judgment or other final
adjudication thereof adverse to such Member shall establish that acts of
active or deliberate dishonesty or fraud committed by such Member was
material to the cause of action so adjudicated;
3. to any (a) liability arising out of estimates of probable costs or cost
estimates being exceeded or faulty preparation of bid specifications, or
plans, or (b) injury to, destruction or disappearance of any tangible
property (including money) or the lass of use thereof;
4. any claim demand or action seeking relief, or redress, in any farm other
than money damages, and any costs, fees, expenses or attorneys' fees
relating to such claims;
5. to any obligation for which a Member becomes obligated to pay future
wages as a result of any alleged wrongful employment practice liability or
employee benefits program liability.
6. to any Bodily Injury Liability, Property Damage Liability, Personal Injury
Liability, Advertising Injury Liability, Products Liability and Completed
Operations Hazard arising directly or indirectly out of
a. any actual or alleged failure, malfunction or inadequacy due to the
inability to correctly recognize, process, distinguish, interpret or
accept the year 2000 and beyond by:
(1) any of the following, whether belonging to any Member or
to others: (a) Computer application software; (b)
Computer networks; (c) Microprocessors (computer chips)
not part of any computer system; (d) Computer operating
systems and related software; (e) Computer hardware,
including microprocessors; or (f) Any other computerized
or electronic equipment or components; or
(2) any other products, and any services, data or functions
that directly or indirectly use or rely upon, in any manner,
any of the items listed in the preceding paragraph.
b. any advice, consultation, design, evaluation, inspection,
installation, maintenance, repair, replacement or supervision
provided or done by you or for you to determine, rectify or test for,
any potential or actualproblems described in paragraph a. above.
7. any liability for fines, punitive or exemplary damages; or any non -
compensatory damages or penalties imposed pursuant to any federal or
state anti - trust, civil rights, anti - discrimination, or racketeer influence and
corrupt organization (RICO) laws;
8. any claim requesting return or reimbursement of a special assessment,
tax, service charge, fine or fee or any other payment or overpayment to the
Designated Member or Member;
V. Under this endorsement, coverage is provided for any claim or suit seeking
damages for alleged violation of individual civil rights pursuant to one or more of
the following federal statutes:
United States Code, Title 42, Section 1982
United States Code, Title 42, Section 1983
United States Code, Title 42, Section 1985
FMIT EO 1017
United States Code, Title 42, Section 1986
United States Code, Title 42, Section 12101 (ADA)
United States Code, Title 29, Section 2601, et. seq. (FMLA)
Civil Rights Act of 1991
VI. Under this endorsement, coverage is provided for any claim or suit seeking
damages for alleged wrongful Employment Practices liability, including claims
arising before the Florida Public Employees Relation Commission, the State of
Florida Commission on Human Relations and the Federal Equal Employment
Opportunity Commission, subject to the terms, conditions and exclusions of this
endorsement and the terms, conditions and exclusions of the Coverage
Agreement.
For any claim, suit or occurrence in which wrongful Employment Practices liability
coverage may potentially exist under this Section VI. and any other Coverage
Agreement provision or endorsement, it is agreed this Section VI. shall provide the
sole source of coverage available and coverage shall be subject to all terms and
conditions applicable to this Section VI.
FMIT EO 1017
OLD REPUBLIC SURETY COMPANY
(800) 217 -1792
PUBLIC OFFICIAL BOND
Bond Number W150278329
KNOW ALL PERSONS BY THESE PRESENTS:
That we. Kevin Madok
of 500 Whitehead Street, Key West State of Florida , as Principal, and
the Old Republic Surety Company organized under the Laws of the State of
Wisconsin as Surety, with its Home Office in
Brookfield in said state, are held and firmly bound unto
Governor of Florida - Rick Scott
400 S. Monroe Street The Capitol Tallahassee FL 32399
as Obligee, in the penal sum of Five Thousand Dollars ($ 5.000.00 ) ,
for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
SIGNED, SEALED AND DATED this 31st day of January 1 2017
WHEREAS, the above -named Principal
Clerk of the Court & Comptroller of the
has been duly appointed or elected
Governor of Florida - Rick Scott
State of Florida for the definite /indefinite term beginning on the
January 3. 2017 and ending on the January 3. 2021
NOW, THEREFORE, the condition of the foregoing obligation is such, that if the above bounded Principal
shall 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 the said term, then his obligation shall
be void; otherwise to remain in full force and effect; provided, however, that the Surety shall not be liable
hereunder for any loss of public money deposited by or in behalf of the Principal with any bank when such
loss is occasioned by the failure of such bank faithfully to account for and pay over such money on legal
demand; any law, decision, or statute to the contrary notwithstanding.
This bond is further conditioned that the liability of the Surety shall be fully terminated as to future acts of
the Principal thirty (30) days after the receipt by the Obligee, of the Surety's written notice of cancellation.
Witness: � B if
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Kevin Madok Principal
Old Republic Surety Company
Surety
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Witness: aWl A P By: /C� Z — - lJ�.tfiszeAar $ S
Attorney -in- fact,„ , ,�
ORSC 46111 (08/2015) Page 1 of 1
* OL REPUBLIC SURETY COMPANY
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and
appoint: Roberta S. Witherow of Brookfield, WI
its true and lawful Attorney(s) -in -Fact, with full power and authority, not exceeding $10,000,000, for and on behalf of the company as surety, to execute and
deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof,
(other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note
guaranty bonds, self - insurance workers compensation bonds guaranteeing payment of benefits, asbestos abatement contract bonds, waste
management bonds, hazardous waste remediation bonds or black lung bonds), as follows: Effective Date: 1/3/2017 12:00:00 AM
Bond Number: W150278329 Bond Amount: Five Thousand Dollars $ 5,000.00
Principal Name: Kevin Madok
Obligee Name: Governor of Florida - Rick Scott of Tallahassee, FL
and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed.
This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982.
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD
REPUBLIC SURETY COMPANY on February 18,1982.
RESOLVED that the president, any vice president or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint
attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to
execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may
remove any such attomey -in -fact or agent and revoke any Power of Attorney previously granted to such person.
RESOLVED FURTHER that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company
(i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant
secretary; or
(ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be
required) by a duly authorized attorney -in -fact or agent; or
(iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority
evidenced by the Power of Attorney issued by the company to such person or persons.
RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or
certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such
signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be
affixed this 31 st day of January 2017
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Assistant Secretary 1 0 01 , * President
STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS
On this 31 st day of January 2017 personally came before me, Alan Pavlic
and Jane E. Cherney to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY
who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say: that
they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation.
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Notary Public
My Commission Expires: 09/28/2018
CERTIFICATE (Expiration of notary's commission does not invalidate this instrumen
I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached
Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of
Attorney, are now in force.
0923637 ,.ovc „suREr�, ,
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SEAL i Signed and sealed at the City of Brookfield, WI this 31 st day of January 2017
ORSC 22262 (3-06) " a ^u `
Assistant Secretary
SECURITY BOND ASSOCIATES, INC.
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PUBLIC OFFICIALS LIABILITY COVERAGE DECLARATIONS
PRINCIPAL ADDRESS: 5525 College Road, Key West, FIL 33040
ANNUAL AGREEMENT PERIOD: October 01, 2017 EXPIRATION DATE-
Imilliffolinno =
Public Officials Liability $5,000,000 Per Occurrence
1 1 $10, 000, 000 Annual Aggregate
Subtotal $69,910.914
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Multi-Pr ram Multi -Pro -a 6 81 .61
TOTAL ANNUAL CONTRIBUTION $67.913.61
SIGNED:
20•0 Summit Lake Drive, Tallahasse-
. O Box 12909, Tallahassee, FL 32317
Telephone: (850) 320-6880 Facsimile: (850) 320-6939
SHERIFFSPJSK MANAGEMENT FUND
............................................................................................................................
............................................................................................................................
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Protecting Those Who Protect Us
LAW ENFORCEMENT LIABILITY COVERAGE DECLARATIONS
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LAW ENFORCEMENT LIABILITY
Contracts/Agreements
1,000,000 Per Person, Per Occurrence,
Jail Deficiencies Defense Costs/Legal Ex uses $100, 000 Per Occurrence
Pronertv DAnnnen to Structures; $50, 000 Per Occurrence
Claim b Farn Member/Household M h1ber $25,00OPerAn Onsfeerson
Fir Trainin
$1,000,000 Per Person, Per Occurrence, Annual
earms g =4 Aggregate
Subtotal $358� '95'5
Multi-Pr ram n 3
Multi -Pro Discount ($1 ' 769'87)
a Discou t
TOTAL ANNUAL CONTRIBUTION 348 226.66
SIGNED:
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2090 Summit Lake Ddw Tallahassee, FL 32317
P.O. Box 1290■ , Tallahassee, FL 32317
Telephone: (850) 320-6880 Facsimile: (850) 320-6939
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Western Surety Company
CONTINUATION CERTIFICATE
Western Surety Company hereby continues in force Bond No.
briefly described as TAX COLLECTOR COUNTY OF MONROE
for AU.SZ _D_ HEN&T_QLT'?
69827193
, as Principal,
in the sum of $ Fift Thousand and 00 110 0
_ , January _ j _ . ,2 018 , and ending
Dollars, for the term beginning
January 7 2019 , subject to all
the covenants and conditions of the original bond referred to above.
This continuation is issued upon the express condition that the liability of Western Surety Company
under said Bond and this and all continuations thereof shall not be cumulative and shall in no event exceed
the total sum above written.
Dated this _ 13th _ day of
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By �__ —
Paul T. Bru at, Vice President
THIS "Continuation Certificate" MUST BE FILED WITH THE ABOVE BOND.
December f 2017
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POWER OF ATTORNEY
one TAx :2OLLECTOR C OF MMUM
bond with bond number
fo D:. N T 9 F D_
as Principal in the penalty amount not to exceed
In Witness Whereof, the said WESTERN SURETY COMPANY has caused these presents to be executed by its
with the corporate seal affixed this th day of to
2017
ATTEST
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WEST R SURET COMPANY
By�
Paul T. B at. Moe President
STATE OF SOUTH DAKOTA So * z
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COUNTY OF MINNEHAHA
On this 1.3th day of December 2017 before me, a Notary Public, personally appeared
Paul T, Bruflat and _I
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who, being by me duly sworn, acknowledged that they signed the above Power of Attorney as Vice PrPsident
and Assistant Secretary, respectively, of the said WESTERN SURETY COMPANY, and acknowledged said instrument to be the
voluntary act and deed of said Corporation.
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SEA NOTARY PUBLIC( M EAL
SOUTH DAKOTA -- � o 2 I try - Public
My Coatmissin Expires June 23,
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Boud Number:
Rand Effective Datee
Bond Expiration Fate;
Type of Renewal:
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Obligee;
Florida Secretary of State
i tm Division of Elections Rm 316
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Tall laassec, FL 32399- 0y'50
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AGENCY: 09 -0238 Key West Insurance Inc
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BOND S- 8211491
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Principalz Obligee:
Scott P Russell Florida Secretary of State
25 Fogarty Avenue Division of Elections Rm 316
500 Bronough Street
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It is hereby agreed that the captioned numbered Bond is continued in force in the above amount for the period of the continued
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This continuation shall be deemed _a partt of the original Bond., and not a new obligation, no matter how long the Bond has
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effective date ".
NOM INSURANCE COMPANY
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Western Surety Company
CONTINUATION CERTIFICATE
Western Surety Company hereby continues in force Bond No. 70631195 -- briefly
described as ]BOARD MEMBER COUNTY OF MONROE
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in the sum or s -IWO THOUSAND AND N04100 Dollars, for the term beginnin�l
November 1A , 2016 , and ending November IR — — =.Q.. , subiect to I
the covenants and conditions of the original bond referred to above.
This continuation is issued upon the express condition that the liability of Western Surety Company
under said Bond and this and all continuations thereof shall not be cumulative and shall in no event exceed
the total sum above written.
Dated this 04 day of NQvember . 2016
41 1 R MOU a F 0 11aOMBUIRDI
Western Surety Company
P V iii
for HEATHER ANN CARRUIHERS
as Principal in the penalty amount not to exceed.
Western Surety Company further (whites that the following is a true and exact copy of Section 7 of the by -keys of Western Surety
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Company duly adopted and now in force, to-wit:
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Section 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 authorise. 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
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sea] 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
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Vice President with the corporate seal affixed this day of N X SEE bS 2016.
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STATE OF SOUTH DAKOTA
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COUNTY OF MINNEHAHA
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On this - 04 . daVo1__ffiqx_ember before me, a Notary Public, personally appeared
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Paul T. Bruflat and L. Nelson
who, being by me duly aware, acknowledged that they signed the above Power of Attorney as Vice President
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and Assistant Secretary, respectively, of the said WESTERN SURETY COMPANY, and acknowledged said instrument to
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be the voluntar act and deed of said Corporation.
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Coverage.
Form F1975- 1.2016
Packet Pg. 2358
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Western Surety Company
Western Surety Company hereby continues in force and No. -7- — briefly
described as —COUNTY COMMTSSIONER COUN-TY OF MONRQF,
for
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in the sum of $ TWO THOUSANI) AND NQ4100 Dollars, for the term beginnirN�
Nomember 2 2016 and ending oy ex_2_0 _, _2R2 0 subject to all
the covenants and conditions of the original bond referred to above.
This continuation is issued upon the express condition that the liability of Western Surety Company
under said and and this and all continuations thereof shall not be cumulative a n d s hall in no event exceed
Ik'ated this --2-3— day of - November , 2DIk—
WESTERN URETY COMPANY
2
By
Paul T. Br at, Vice President
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Western Surety Company
I 001 :4 1.01
State of South Dakota its regularly elected Vice President
as Attorney-in -Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for
and on its behalf as Surety and as its act and deed, the following bond:
One COUNTY COMMISSIONER COUNTY OF MONROE
for DANNY L. KOLHAGE
as Principal in the penalty amount not to exceed: $2, 000 .00
and Assistant Secretary, respectively, of the said WESTERN SURETY COMPANY, and acknowledged
be the voluntary act and deed of said Corporation.
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Western Surety Company
CONTINUATION CERTIFICATE
Western Surety Company hereby continues in force Bond No. 71508762 briefly
described as SUPERVISOR OF ELECTION COUNTY OF MONROE
for R. JOYCE GRIFFI
as Principal,
in the sum of $ FIVE THOUSAND AND NO/ 100
Dollars, for the term beginning
January 08 2018 ,and ending January 08 2022
,subject to all
the covenants and conditions of the original bond referred to above.
This continuation is issued upon the express condition that the liability of Western Surety Company
under said Bond and this and all continuations thereof shall not be cumulative and shall in no event exceed
the total sum above written.
Dated this 29 day of _ November , 2017
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WESTERN
URETY COMPANY
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Paul T. Br at Vice Pr esident
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THIS "Continuation Certificate" MUST BE FILED WITH THE ABOVE BOND.
Form 90 -A -8 -2012
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, 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
Paul T. Bruflat of Sioux Falls
State of South Dakota , its regularly elected Vice President '
as Attorney -in -Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for
and on its behalf as Surety and as its act and deed, the following bond:
One SUPERVISOR OF ELECTION COUNTY OF MONROE
bond with bond number 7 1508762
for R. JOYCE GRIFFI 0
as Principal in the penalty amount not to exceed: 55.000 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 C
Company duly adopted and now in force, to -wit: S
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate g
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, Secrets s
Attorneys -in -Fact or agents who shall have authority to issue bonds, policies, or undertakings in name of the Company. The po alte or e Treasurer
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
s
Vice President with the corporate seal affixed this - --- day of November 2017 0
ATTEST
WE NN tSUR2COMPANY
A B
L. Nelson, Assistant Secretary
Pau . Bruflat, Vice President
C
STATE OF SOUTH DAKOTA n u
COUNTY OF MINNEHAHA SS VM ' "T - C
On this 29
dayof November 2017 Z
Paul T. Bruflat before me, a Notary Public, personally appeared a
and L. Nelson u
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 act and deed of said Corporation.
+ s
s J. MOHR s
s S AE NOTARY PUBLIC �� s e
SOUTH DAKOTA SEAL 1.9 J
X
u
+ My Commission Expires June 23, 2021 Notary Public
To validate bond authenticity, go to www.cn
Coverage. asurety com > Owner /Obligee Services > Validate B ond
Form F1975 -1 -2016
Packet Pg. 2362