Item P2C ounty of M onroe
{f `° "
rel
BOARD OF COUNTY COMMISSIONERS
n
Mayor David Rice, District 4
The FlOnda Key
y
m
1
��
Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
June 20, 2018
Agenda Item Number: P.2
Agenda Item Summary #3814
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 Pubic Official Bonds MCC
Oct. 15 2014 Email from Sid Webber, Interisk re: Public Official Bonds
County Public Officials Liability 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 06/01/2018 2:48 PM
Bob Shillinger Completed 06/01/2018 3:24 PM
Kathy Peters Completed 06/01/2018 4:46 PM
Board of County Commissioners Pending 06/20/2018 9:00 AM
Sec. 2 -28. - Public officer bonds.
(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).
[t womil, •
Page 1
Peters - Katherine
Subject: FW: Faithful Performance Bonds for County Commissioners
From: Sid Webber [ mailto:sid.webber interisk.net
Sent: Wednesday, October 15, 2014 10:07 AM
To: Slavik -Maria
Subject: Faithful Perforamnce Bonds for County Commissoners
Maria,
As a follow up to our telephone conversation that we had with Bob Shillinger yesterday, the following comments are
offered.
Previously Florida Statute § 137.04 required that all County Commissioners maintain a Faithfull Performance
Bond. In 1998 the State amended § 137.04 making the purchase of these bonds an election of the County.
2. It is understood that the County continues to purchase these bonds for their Commissioners.
3. The Bonds have several features that should be considered in the County's evaluation of continuing the Bonds.
a. The Bonds are voided if the Commissioners "faithfully perform" the duties of their offices.
b. The term "faithfully perform" is not defined in the Bonds.
c. Any proceeds from the Bonds will be paid to the Governor of the State of Florida.
4. It is believed that since the term "faithfully perform" is not defined in the Bonds, it will be difficult to perfect a
claim.
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 of $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 "Faithful) 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 intent
of Florida Statute § 137.04, it is recommended that the County consider discontinuing the purchase of the "Faithful)
Performance" bonds they are currently purchasing.
I will make myself available if you, Bob or anyone else would like to discuss this issue in more detail.
Sid Webber
Interisk Corporation
1111 N. Westshore Blvd.
Suite 208
Tampa, Fl 33607
(813) 287 -1040
Peters- Katherine
From: Slavik-Maria
Sent: Tuesday, December UG
To: Peters- Katherine
Subject: FVV: 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 ofS5 million are provided subject
to a $200,000 SIR. Attached are sections of the FLC policy that provides the coverage.
Starting nn Page 1of5(page 24 of the document) is the section of the policy that provides the Public Officials Liability
coverage. The Florida League of Cities refers to this coverage as Errors and Omissions coverage.
On Page 6of 20 (page 7of the document) contains the definition ofa Member. Coverage is provided to all
members. Members include members of the BOCC.
On Page 5 of 20 (page 6 of the document) defines the term Errors and Omissions.
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
October 1, 2017
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 Members Application for Participation
including the statements and representations contained therein, (c) the Declarations and (d) the
Coverage Agreement including coverage endmpements, tennn. nonditinnu. limits of |imbi|dy,
exclusions and other provisions thereof (a, b, o, 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 byanoccurrence
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 ogmam 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 ru|ea,
policies and procedures adopted by the Truat, which uhoU be deemed m part of this Coverage
Agreement, whether expressly restated herein ornot.
LIMIT OF LIABILITY
Regardless of the number of (1) Members under this Coverage Agreement, (2) persons or
organizations who sustain injury ordamage, 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 dmmageu, including but not limited to damage awards for dahvudv* claino, taxable uusts,
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 dmnageu, including but not limited to damage awards for derivative doimm,
taxable costs, claimant attorney's feoe, and prejudgment or post-judgment inUanyo, 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. Un|000 otherwise npecified, the
costs and expenses necessary to investigate and defend any claim or suit to which this Coverage
Agreement applies shall not reduce the Limit ofLiability.
FM|TCA1017 Pal Packet Pg. 1569 1
Fothepurnaeofdetermming1hehmhoftheTrust'sUability, all damages arising out ofcontinuous
or repeated exposure to substantially the same general conditions shall be cons as arising
out of one ^oocumene.~aothat term io defined herein,
DEFENSE AND SETTLEMENT
The Trust will settle or defend, as it considers appropr any claim or suit demanding money
damages and covered by this Coverage Agreement. The Trust will defend any suit against a
Member which alleges o claim for money damages covered by this Coverage Agreement even if
such suit is eventually found ground|eon, ha|mo or fraudulent. However, the Trust has no duty to
defend or indemnify o Member in any claim or suit which on its face mUegox facts excluded or not
covered by this Coverage Agreement.
|n the event a suit or other action contains allegations which allege damages wh the Trust has a
duty to defend and other allegations which allege damages or other relief that the Trust duua not
have a duty to defend, the Trust will defend all allegations subject to the terms, conditions, limits of
liability and exc of the Coverage Agreement; however, undertaking such defense shall not
obligate the Trust to pay any judgments, settlements or ummds which a Member becomes legally
obligated to pay for allegations tnwhich coverage does not apply. The Trust's duty to defend amdm
when applicable Limits o[ Liability have been exhausted
As a condition of coverage under this Coverage Agreement, the Member agrees that settlement of
any dakn or suit may involve the payment of proceeds and/or the tak 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 result in a claim or suit for danogeo. K the Trust gives
written notice of its recommendation for settlement, including the payment of
proceeds to settle o claim or suit and/or the taking orforbearing to take certain
actions by the Member, and the Member does not affirmatively oonopt 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:
o. 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 oettloment�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 prov its affirmative
acceptance of the recommendation for settlement; or
u If less than the sum ofa. and b, above, the unused portion of the stated limit of
liability contained with the DeGlamdons. 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 mm0ement, actual settlement or partial settlement of any claim or suit
covered under this Coverage Agreement.
Aaa condition o[ coverage under this Coverage Agreement, the Member agrees:
For any occurrence resulting in a dokn or suit for damages for which coverage
under this Coverage Agreement is mou0N. the Tmo. in its sole disoreUon, 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
FM|TCA1017 Pal Packet Pg. 1570 1
strategic benefits through coordinated UUQahun; and/or use of any other claim
defense measures permitted by applicable rules of state law and mUomoy
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 Agreememt, absent o 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 mm
claim or suit for damages for wh the Trust is obligated to prov 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 iobrought;
b. There io any real or perceived conflict between oramong the Trust, any Member
or any defendamt(o) involved in any claim orsuit;
c. The Trust has reserved its right to deny or limit its coverage in any claim orsuit;
d. The Trust or the Member initiates any claim or suit against any other Trust
Member.
In the event any court o[ competent jurisdiction orders the Trust ho provide attorney
representation beyond the attorney(s) retained by the Trust to defend any claim or
nud. the Member shall be onUUod 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.
The follow definitions apply throughout this Coverage Agreement unless modified or excluded:
/\ Advertising |njury, means injury arising out of an offense committed during the Coverage
Agreement period occurring in the course of the Des Member's advertising
activities; if such injury arises out of libel, slander, defamuUon, woloLimm of right of privacy,
oral or written publication of material, misappropriation of advertising ideas or style of doing
business or infringement o[ copyright, title, mrslogan
B, Agreement Territory, means the United States of America, its territories and possessions,
Puerto Rico and Canada.
C. Automob means a land motor vehicle, trailer or semi-trailer designed for travel on public
roads (including any machinery nr apparatus attached 0hereto�-or any other land veh
that is subject to a compulsory or financial responsibility law or other motor vehicle
insurance law in the state where itin licensed or principally garaged. However, "auto" does
not include "mobile equipment'
D� Bert J. Harris, Jr. Private Property Rights Act Claim, means o claim alleging u 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 dmim. the Member omen*d property
coverage limit shall include the aggregate mum 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 Pmparty, Allied Lines
FM|TCA1017 Pal Packet Pg. 1571 1
and Crime Declarations page; nhoU only apply to covered property described at a
Scheduled LonmUon� and shall be subject to any specifically capped property damage
coverage limit agreed to by the Designated Member and referenced in the Declarations.
F. Bod Injury means bodily injury, sickness or disease sustained by o person, including
death resulting from any of these at any time resulting from an occurrence during the period
of this Coverage Agreement.
& Communicab Disease includes but is not limited to Acquired Immune Deficiency
Syndrome (AIDS), and any other sexually transmitted disease.
K Designated NUember, means the entity, organization or constitutional officer named in hem
i or V. of the Declarations of this Coverage Agreement Designated Member does not
include employees or agents of that entity or organization.
i Designated Member's Products, means goods or products manufactured, sold, handled,
or distributed by the Designated Member or by others trading under his nmnne, 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 Bevmtmr means any hoisting or lowering device to connect floors or |nndngn, whether or
not in aamice, and all appliances thereof; but does not include an automobile servicing
hoist, e material hoist used in aherodon, construction or demolition operationo, or an
inclined conveyor used exclusively for carrying property oradumbwaiter.
K, Employee Benefits Proynmn means any pension and profit ahehnQ plan; individua
retirement account (IRA) plan salary reduction plan under Internal Revenue Code 401 (k)
or Amendments; employee stock subscription plan, savings plan; group plan for lite, health,
denta|, diaabi|hy, mutomobi|e, home owners, or legal services insurance; social security
system benefits; workers' compensation and unemployment insurance; travel and vacation
plans; or educational tuition reimbursement plans oraated, administered or endorsed by a
Mombar.
Employment Prondcam liability means liability arising from a claim or suit alleging
damages as a result of any of the following acts or omissions by the Des Member
nsanemploynr�
1 discrimination, (including but not limited to discrimination based upon age, gender,
naco, color, national migim, neligiom, sexual orientation or preference, pregnancy or
disability);
2 employment-related misrepresentation (s) to an employee or applicant for
employment with the Public Entity;
1 failure to grant tsnure�
4 failure to provide or enforce adequate or consistent policies and procedure relating
to any Employment Practices Violation;
6� harassment (including sexual harassment whether '`quid pro quo'^, hostile work
environment ormLhunwime);
0 retaliation (including lockouts) oralleged employment decisions involv violation
of any state, or local whimt|eb|owerprotection law;
RN|TCA1017 Pal Packet Pg. 1572 1
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 dimect, indiect, intentional or
8� wrongful deprivation of career opportundy, wrongful demotion or negligent
employee evaluahon, 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 orpromote.
KJ, Errors and Omismono, means o doxm for damages alleging liability for any error,
misstatement, omission, neglect or breach of duty by Members wh 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 o failure ho 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 Contnact, means m written (u) lease of premises, (b) easement or license
agreement gran tothe Member, except in connection with construction or demolition
operations on or vvhbin 50 feet of a mi|med (o) obligation to indemnify a municipa|hy, as
required by municipal ondinamce, except in connection with work for u 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
oonhadL, 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 ora warranty that work performed by or on
behalf of the Member will be done ina workmanlike manner; seeks to hold harmless and/or
indemnify any person or entity excluded from the scope of788,2B. Fla, Stot.; seeks to
make the Member liable for any claim, |ooa or damages prox omuomd by the
negligent act or omission of another paUy, its directora, officera, emp|nyeeo, 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 toimpose
contractual liability on the Member for underlying tort claims beyond the limits expressly
provided in Section 788.28 F.S.; or does not otherwise comply with the express provisions
nf Section 7O8.28 F,6,
D� Incidental Medical Malpractice Injury, means bodily injury arising out of the rendering cd
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 or nursing service mtreatment or the furnishing of
food or beverages in connection therewith; or
Z the furnishing or dispensing of drugs or medical, dental or surgical supplies or
P. Unterlocal Agreement, means an agreement that is authorized and entered pursuant to
Chapter 163.Ha�Stat. and that complies with the express provisions of Section 768.28Fla.
FM|TCA1017 Pal Packet Pg. 1573 1
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 oondemnaUmf excludes any physical taking of property ordiminution
of access to property, by whatever means and whatever name called,
R. Load or unloading, means t handling m[property:
after itia moved from the place where his accep for movement into or onto en
aircraft, watercraft or "auto�`
2. while itbknuronan aircraft, watercraft or"auo�~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 m
mechanical device other than a hand truck, that ia not attached hz the aircraft, watercraft or
11 auto,"
Member, as used herein means
the Designated Member; and
2. while acting within the scope uf his employmen any Officer (except umstituUona
officers), volunbeer servant, or employee of the Designated Mamber, including
elected and appointed officials, and members of Boards or Commissions created
by the Designated Member. Hnwsver, the coverage so provided any nMiomr,
msmanL 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 mppUmo separately to each Member against whom claim is made or
suit im brought, except with respect bo the limits of liability o[ the Trust; and does not apply Vr
bodily injury or property damage or personal injury liability arising out of the conduct of any
partnership or joint venture of wh a Member is a partner or participant and which is not
specified in this Coverage Agreement os a Designated Member.
T. Mobile Equipment, means a land vehicle (including any machinery orapparatus attached
dhereto), whether urnot xuK propelled, (m) not subject to motor vehicle pegiotration, or (b)
maintained for use exc 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 following h/poo forming an integral part of or permanently attached to such vehicle:
power cranes, mhovo|a. |oudom, diggers and drills, concrete mixeno, gradem, ozrupe/s,
nd|em and other mod oonohuohom or repair equipment; air compressors, pumps and
generators, including spreading, welding and building cleaning equipment and geophysical
exploration and well servicing equipment.
U� K0o|d. Spores and/or FunQum, 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, do|oriomoUmn. loss of use, and/or |ooa of value or
FM|TCA1017 Pal Packet Pg. 1574 1
marketability, to any tangible property whatsoever. This indudew, but is not limited to, any
type(s) of mold, spores and/or 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 ma 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 nf similar causes or allege
injury based ona common nucleus of operative facts:
I that happen over a period ofUm�m
2. that happen repeatedly; cr
1 that form n course uy 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 ado or failure to enforce:
o/dinmnoeo, resolutions, policies, procedures or legislative enactments that involve
the same mr substantially similar subject matter; nr
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;
Z wrongful entry or eviction, or other invasion of the right of private occupancy;
3. publication or utterance:
o. of material that Ubeln, slanders or defames or disparages o person or
organization's goods, products cx services; or;
b uf material that violates mn individual's right /fphvucy�
except that publications orutterances in the course ofor related hobroadcasting,
pub|iuhing, or telecasting activities conducted by or on behalf of the Designated
Member shall not bo deemed personal injury;
X, Pollutants, mean any sdid. Uquid, biological, gaseous or thermal irritant orcontaminate,
including omoke, dust, vapor, soot, fumes, mcidn, alkalim, chemicals and electromagnetic
radiation, liquids, gooen, other irritants or contaminants and waste. Waste includes
materials tobe recycled, reconditioned orreclaimed
FM|TCA1017 Pal Packet Pg. 1575 1
li 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:
u. products that are still in your physical possession; or
work that has not yet been completed or abandoned. Bowever "your
work" will ba deemed completed at the ear of the following times:
( when all of the work called for in your contract has been
completed.
( when all of the work bzbo done ot the job site has been completed
if your contract calls for work at more than one job site.
( when that part of the work done at ujub 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 maintenanoa, curroction, repair or
replaonmet, but wh is otherwise complete, will be treated as
Z Does not include "bodily injury" or "property damage" arising out of�
a. The transportation of property, unless the injury or damage mhwen out ofm
condition in or on a vehicle not owned or operated by you, and that
condition was created by the "loading orun|oeding^of that vehicle byany
insured
The existence of tools, uminsta||ed equipment or abandoned or unused
materials; or
C. Products or operations for which the olaoxifiouUmn. listed in the
Declarations or in o policy schedule, states that products-completed
operations are subject to the General Aggregate Limit.
Z. Property Damage, means (a) physical injury toor destruction of tangible property which
occurs during the policy period, including the loss of use thereof at any time resulting there
from. or (b) |oon of use of tangible property which has not been physically injured or
destroyed prov such loss of use is caused by an occurrence during the period of this
Coverage Agreement.
AA� Scheduled Locaion, 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 (P|TQ)
Schedule) at which the Trust and Designated Member have agreed, subject to all tarma,
onndidmna, exclusions and other provisions forming the Coverage Agreement, |mao or
damage to property at Such location may be covered within the relevant Property and Allied
Coverages Limit (including P|TOCoverage Sub-Limi0 shown in the Declarations,
BB, Sexual Action indudeo, but is not limited ho, any verbal or non-verbal oommunicoOom,
behavior or conduct with noxum| connotations or purposen, whether for sexual gratifioaOon,
inhmidudon, coercion cx other purpose, and regardless of whether such action in alleged to
be intentional or negligent.
FM|TCA1017 Pal Packet Pg. 1576 1
CC, Sexual Abuse shall mdude, but is not limited to, the negligent or intentional infliction of
phyoical, emotional or psychological injury orharm 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 vag or anal opening o[ one person byUne
penis of another person, whether or not there is the emission of semen.
Z any sexual contact between the genitals or anal opening cd 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 parta, including the bremsts,
genital area, groin, inner thighs, and buttooko, or the clothing covering tham, of
either the individual or the perpetrator, except that this does not include:
o. any act which may reasonably be construed tobea normal caregiver
responsibility, any interaction with, o/ affection for mnindividmd�or
b, any act intended for a valid medical purpose.
5� the intentional masturbation of the perpetrator genitals.
& the intentional exposure of the perpetrator genitals in the presence of an
mdividual, or any other sexual act intentionally perpetrated in the presence ofan
individua|, if such axpooura or sexual act iofor the purpose of aaxuo| arousal or
gratification, other k arousal ero|m1|orpurpome.
T the sexual exploitation of an individual, wh includes allowing, anoouraging, or
forcing on individual to:
o. solicitation for *r engage in prostitution; or
b. any p|uy, motion pictoro, photogmph, or dance or any other visual
representation exhibited before nnaudience.
DD, Guit, means o civil proceeding in which damages because of "bodily injury," "property
damage", "personal injury oradvertising injury" towhich this coverage applies are alleged.
"Suit" includes:
an arbitration proceeding in which such damages are claimed and tu 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:
o. any goods or products, other than real prnparty, manufactured, sold,
handled, distributed or disposed of by�
( you"
FM|TCA1017 Pal Packet Pg. 1577 1
( others trading under your nams�or
CX u person or organization whose business or uonetu you have
acquired and
b, container (other than vehidoa). materials, parts or equipment furnished in
connection with such goods nrproducts.
Z includes:
o. warran or representa made at any time with respect to the fitness,
quality, durability, performance or use of "your pmduct;^and
b, the providing ofor failure io provide warnings orinstructions.
1 does not include vending machinesmotherpmoperty rented tom located for the
use o[ others but not sold.
F[ Your Work:
means:
a. work or operations performed by you or on yourbahalf� and
b. matehaln, parts or equipment furnished in connection with such work or
o. warran or representations made at any time with respect to the fitness,
quality, durability, performance or use of "your work," and
b. the providing u(/n failure ba provide warnings orinstructions.
G6� Aircraft means an airpane, helicopter, or other machine capab of flight, includ 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 oahuheo all terms and conditions required for coverage as
defined in the P|TOEndorsement.
U PITO Property Schedule means the portion of the Designated Member's Coverage
Agreement which consists of m |kd of specific PITO property items eligible for coverage
within the relevant P|TO Coverage Sub-Limit shown in the BedomUonu ond, subject to all
tenna, oonditiona, exclusions and other prov forming the Coverage AgreemenL,
includes: an identified location of the P|TO property (whether physical street address or
narrative description of the P|TO property location) and a description of the P|T0 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 list of all buUding, business personal property or
other specifically identified property of the Designated Member, exc P|TO proporty,
which is eligible for coverage within the relevant Property and Allied Coverage Limit shown
in the Declarations ond, subject to all tormu, zondiUono, exclusions and other provisions
forming the Coverage Agreement, indudeo� on identified location of the covered property
FM|TCA1017 Pagi Packet Pg. 1578 1
(whether physical street address or narrative description of the covered property location)
and a description of the covered property by type, name and/or other detail,
EXCLUSIONS�
This Coverage Agreement does not apply:
X 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 nfthe Member's assumption of
liability in u contract nragreement, except an incidental contract orintndooa| agreement, as
those terms are defined horoin�
to bod injury or property damage arising out of the ownomhip, maintenance, operation,
use, loading or unloading ot
1 any automobile operated bym rented or loaned to any Mambac
Z any other automobile operated by any person in the course of his employment by
any Member; but this exclusion dmam not apply to the parking of an automobile on
premises owned by, rented to or controlled by the Member or the ways
immediately ndjnining, if such automobile in not owned by or rented or loaned to
any Member
I any vehicle while being used in any pre-arranged or organized raoing, speed or
demolition contest orin any stunting activity or in practice nr preparation for any
contest oractivity;
C. to bodily injury m property damage arising out o[�
1 the ownership, maintemanoo, operation, uuo. loading or unloading of any mobile
equipment while being used in any pre-arranged or organized rnong, speed or
demolition contest or in any stunting activity or in pnaohuu or preparation for any
such contest oractivity;
Z the operation or use cd any trailer designed for use therewith; or
I the ownership, maintenance, operation, or use ofu water theme park.
D. to bod injury or property damage arising out of the mmnerxhip, mnaintenan*a, operation,
use, loading or unloading of�
1 any watercraft used in law enforcement over fifty two (52) feet in length or thirty five
( feet in length for all other vvsderoraft�
Z any passenger wh inor upon, entering or alighting from any watercraft, hm*ever
this exclusion does not apply to a watercraft you do not own that is not being used
to carry persons mr property for o 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 orin any stunting activity or in practice or preparation for any
contest oractivity;
5� any watercraft or structure being used aamn artificial reef ur similar purpose;
& any marina operation owned, leased or operated by the Member.
E to bod injury or property damage arising out of the mmnemhip, mnaintenaaoe, operation,
use, loading or unloading ot
1 any aircraft owned or operated bym rented or loaned tm any Membar�
Z 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 toor controlled by the Member;
bo any liability arising out ofor caused or contributed toby any maintenance, operation, use
or control of or responsibility for any airfield, airport, runway, hangar, building or other
FM|TCA1017 Pad Packet Pg. 1579 1
property or fac designed for, used, connected, associated oraffiUiatedwkhorinanywey
related to aviation or aviation aohwbao nropambona� provided that liability for services
performed or premises located atorom any airfield, airport nraviation 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;
& any claim for bodily injury, property damage (including the |own of use Uhemyzf) 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. Hmyevor, 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 exc a hostile fire means one wh burns outside the area intended to
bemr which becomes uncontro
H. any damages arising ou of the ingestion, inhalation or absorption of lead in any form. Any
loss, cost or expense aris out ofany:
1 request, demand or order that any "Member" or others test for, monitor, clean up,
remnve, onniain, tre*d, dntoxify, or neutra|izo, or in any way respond to, or eoonsw
the effects o[|oad�or
.
Z claim or suit bynron behalf o[a governmental authority for damages because of
testing for, momhoring, cleaning up, removinQ, containing, treating, detoxifying or
neutralizing, orin any way responding to, or assessing the effects oflead.
i any damages from the process of continued surface and/or subsurface degradation and
deterioration of lead based paint that has been app to any surface of any building
whether considered commercial or residential.
J to bodily injury or property damage due to wer, whether or not dedamd, civil war,
inaurrenhon, rebellion and newduhon, or to any act or condition incident to any of the
K, to any obligation for which any Member many 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 Ac
L Uo bodily injury ho any employee of the Designated Member arising out of and m the course
of his or her employment by the Designated Member or to any obligation of a Member to
indemnify another because of damages mining out ofsuch 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 m Member as a result ofmn alleged wrongful
employment practice;
M, bz property damage ho property owned or occupied by, leased, or rented hoaMember;
N. to property damage to premises alienated by the Member arising out of such premises or
any part thereof;
D� 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 oragreement;
R to property damage bothe Member's products arising out ofsuch products or any part of
such products to property damage toWork performed by or on behalf of the Member
FM|TCA1017 Pagi Packet Pg. 1580 1
arising out of the work or any portion thereof, or out of materials, parts mequipment
furnished in connection therewith, and to damages claimed for the withdnawm|, innpsuUon,
repair, replacement, or |cmo of use of the Membe products or work completed by or for
the Member or of any property of wh 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;
{)� bo any liability from the Member's completed operations aris out of:
1 |omo 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 umnh
person o+ entities by virtue ofa business intomoption�or
Z loss resulting from theft of any property which a\ the time ofloss in not an integral
part of building or structure including direct loss by pillage and looting occurring
during and ot the immediate place ofa riot or civil commotion;
R� bo any liability arising in whole, orinpart out of:
1 any act or omission of a Member committed while mobnQ outside the course and
scope of his emp|oyment, or committed in bad faith with malicious purpnoa, 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;
1 the willful violation of any hadem|, state or |ooe| |ew, ordinance or regulation
committed byor with the knowledge or consent of any Member; nr
4 violation of public trust;
to any liability arising out of or in any way connected with a physical tak of property or
any diminution of m000aa to pmperty, by whatever means or whatever name oaUed. the
operation of the principals of eminent dumuin, cmndemnaUon, pmueadingx, inverse
condemnation or takings law, whether permanent or temporary, including but not limited to,
claims arising out of federal, state or local |smd ume, environmental, air. ground or water
pollution, or health, safety and welfare laws, ordinances or regulations, claims arising from
Chapter 70. Florida Statutoa, known as the Bert J. Horhm, 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, orby virtue of
any agreement entered into byoron behalf of the Member;
T to any liab for injury, siuknaoo, dioaamo, death or daabuuUmn due to the rendering of or
failure to render any professional service by any doctor, surgeon, dentis nurse, physician's
asy|stant, paromedio, emergency medical technician or other medical professional of a
Designated Member;
U. to any liability aris out of or in connection with or caused or Contr to by any failure
or inability to uupply, in whole or in pmt any adequate quantity or quality of power, steam,
pressure, water orfuel. Fuel includes, but in not limited honatural gaa, heating oil and
V. to any liability arising out ofm caused or contributed bbyor connecte with any actua or
alleged violation of the Employee Retirement Income Security Act of 1074 (Public Law 93-
406) or any amendment thereto or any similar prov of any local, state or federal law,
statutory orcommon;
VV� to any NobUhy as o result of flood or any liability as o result of water overflow damage,
including Oooding, ouuxod or contributed to by any hai|um, bmukage, inadequacy,
maintenance of and/or design of any natural or man-made ntructuna, including but not
FM|TCA1017 Pagi Packet Pg. 1581 1
limited Lo: any dam, dyke levee eaemoir, water barrier, ditches, oanalm. Qmha aqueduct,
water shed, channel or culvert;,
X, to any liability for finao, punitive or exemplary damages; or any non compensatory
damages or penalt imposed pursuant to any federal or state smU-trust, civil hQhts, anti-
discrimination, or racketeer influence and corrupt organization (RICO) laws�
Y, bo any damages imposed by special act of the Legislature;
Z. to any "bodily injury' m "property domagei
with respect to which m1Nember" under the policy is also an insured under onuclear
energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual
Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of
theirouucessom.urwmu|dbeaninouradunderanyoudhpo|iuybutforitotemnmaUonupon
exhaustion of its limit ofliability; or
resulting from the 'hazardous pmpodies of "nuclear material" and with respect to
which (e) any person or organization ia required to maintain financial protection
pursuant to the Atomic Energy Act of1954.or any law amendatory thereof, m(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 thenao[, with any
person o/organization.
o. unde any Medical Payments coverage, toexpenses incurred with respect
to "bodily injury" resulting from the "hazardous properties" of "nuclear
material" and ahsing out of the operation of a "nudamrhaci|ihy by any
person or organization.
under any Liability Coverage. to "bodily injury" or "property damage"
resulting from "hazardous properties" of "nuclear material" if:
( the "nuc material" (a) is at any "nuclear fac owned by, or
operated by or on behalf of, e "Member" or (b) has been
discharged or dispersed therefrom;
(2) the "nuclear material io contained in "spent fuel" mr"waote~atany
time possessed, handled, used, processed, stored, transported or
disposed or, byoron behalf ofaWember";or
(3) the "bod injury" or "property damage" arises out of the furnishing
by m 1Nambm^ of oenicua, maherialo, parts or equipment in
connection with the planning, oonohuchmo, maintenance,
operation or use of any "nuclear facility," but if such facility is
located within the United States of Amorioa, its territories or
possessions or Canada, this exclusion (3) applies only to"property
damage" to such "nuclear fuci|ity~and any property thereat
2. am used m this endorsement:
"Hazardous properties" includes radioactive, toxic mr explosive properties.
"Nuclear material" means "source material", "special nuclear material" or "by-
product
FM|TCA1017 Pagi Packet Pg. 1582 1
"Source material", "special nuclear material^.and "by-product material" have the
meanings given them in the Atomic Energy Ac 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 ina "nuclear vomctor.
"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 mat*ho]^ nonhoni. and (b)
rmwu|bmg 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:
o. any "nuclear reaoto/
b, any equipment nrdevice designed or used for (1) separating the isotopes
of uranium or plutonium, (2) processing or utilizing "spent fue or (3)
hund|ing, processing or packaging "waste"",
C any equipment or device used for the processing, fab otin0mral|oyingof
^ special nuclear material" ifad any time the total amount of such material in
the custody of the "Member" at the premises where such equipment or
device is located onnsiuie of or contains more than 25 grams of plutonium
or uranium 233 or any combination thomof, or more than 250 grams of
uranium 235; or
6, any structure, basin, exoovaUon, pmm|xao or place prepared or used for
the storage or disposal of "waste";
and includes the site on which any of the foregoing in |ocated, all
operations conducted onmuoh site and all premises used for ouuh
operations.
"Nuclear reactor" means any apparatus designed or used to sustain
nuclear fission in a self-supporting chain reaction or to contain a chhmJ
mass o[ fissionable material.
"Property damage" includes all forma of radioactive contamination of
AA� to personal injury arising out of any publicat orutterance described inxub'pamgraph VV
3 o the definition ofPersonal 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
BB |o any liability arising out of errors and omiss ao defined hom��
CC. to bodily injury or property damage for which the Designated Member or his mdamndee
may be held hoble�
1 as an entity or organization engaged in manufactuhng, disthbding, meUm&
furnishing orserving alcoholic beverages; or
2 if not oo engaged, aman owner or lessor of premises used for such purposes,
FM|TCA1017 Pagi Packet Pg. 1583 1
if such liab isimposed
a. by, or because of the violation of, any ntatute, mdinsmoo or regulation
pertaining to the sale, gift, distribution or use of any alcoholic beverages; or
b, by reason of the oeUing, ooming, 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 baysragsn, 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 prov 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
endumumen1thereto
DD. to any dakm, demand or action seeking injunctivn, dedmratnry, writ of mandamus, or any
other non 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 UobUby 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 maoothe|ioma and ounoar related to asbestos exposure nor any
liability for costs or expenses incurred in removing, cleaning up or nullifying such asbestos
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 loon, cost, or expense arising out of
any governmental direobon, 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 ofor caused by or contributed toor connected with alleged
violation of the following:
1� Federal Fair Labor Standards Act.
Z Chapter 447. Flor Statutes,
1 Drivers Privacy Protection Act m/1984
4 National Labor Relations Act.
6� Worker Adjustment and Retraining Notification Act.
8 Consolidated Omnibus Budget Reconciliation Act of1S85
7� Occupational Safety and Health Act.
8 Federal Employers Liability Act
Q� Longshoreman's and Harbor VVorkero'Ad
10 Employee Polygraph Protection Act
it Defense Base Act
12. Outer Continental Shelf Lands Act
EMIT CA1017 Pagi Packet Pg. 1584 1
U any claim requesting return or reimbursement ofa special assessment, tax service charge,
fine or fee or any other payment or overpayment to the Designated Member or Member;
JJ� to any claim for attorneys' fees or coots for any action not covered by this Coverage
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 controd, but this exclusion does not apply 0u the
unauthorized appropriation of ideas upon alleged breach of implied contract, or
Z Infringement of trademark, service mark, or trade name, other than titles or
slogans, by use thereof orin connection with goodo, products or services sold,
offered for sale, or advertised, or
3 Incorrect domoriphmm or mistake in advertising price of goods, products or services
sold, offered for sale oradvertised.
Also with respect io advertising injuryi
1� ho any Member in the business of advertising, broadcasting, or telecasting, or
Z to any injury arising out of any act committed by the Member with actual malice.
MW to any Bodily Injury Liab Property Damage Liability, Personal Injury Liability,
Advertising Injury Liability, Products Liability and Completed Operations Hazard miumg
directly or indirectly out o[
1 any actual or alleged failure, malfunction or inadequacy due tothe inability to
correctly recognize, pmoeos, dimtinguiuh, interpret or accept the year 2000 and
beyond by:
o. any cX the following, whether belonging to any insured or to othan& (e)
Computer application ouMwany; (b) Computer networks; (o)
Microprocessors (computer chips) not part of any computer system; (d)
Computer operating systems and related software (a) Computer
hmrdwmre, including microprocessors; or (f) Any other computerized or
electronic equipment ur components; or
b, any other products, and any aervioan, data or functions that directly or
indirectly use or rely upon, in any manner, any o[ the items listed inthe
preceding paragraph
2, any odvima, onnuu|iobon, design, evc6uoUon, inopection, ino1o||oiion,
mainbenanoe, repair, replacement or supervision provided or done by you or for
you to dabermine, rectify or test for, any potential or actual problems described in
paragraph n.above.
NN, to any Bodily Injury Liab Property Damage Liability, Personal Injury Liability, Advertising
Injury UobQdy, for which any Designated Member or Member under this Coverage
Agreement maybe held liable arising out of the actual or threatened 000unonom, gmwth,
nelaooe, tranomimoion, migradon, diopanao| or exposure to any micro-nrQaniomm, biological
organiamo, bioaer000|a or organic containments, including but not limited to mo|d, apmrom
and/or fungus;
1 resulting from any actual or threatened exposure ho, inha|adon, absorption or
ingestion of, or physical contact with mold, spores and/or fungus;
2 resulting from any actual or threatened mold, spores, andlor fungus upon any real
property orpersonal property, product or work, premiuea, site or location, or any
other tangible proporty, or any Designated Member or Member or any other
person(s) or organization (s), located anywhere in the world;
FM|TCA1017 Pagi Packet Pg. 1585 1
1 nmuNmQ from any |moa, cost or expense for any hesting, momitohnQ, clean-up,
treatment or removal, or neutralization o[ mold, spores and/or funguu�
DO� A, to "any injury or damage" miping, directly or indireotly, out of "certified act of
terror oran "other act o[terrohsm^ However with respect toan "Other act of
torromorn~, 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
In determining whether the $25,000.000 threshold is nxmeednd, we will
include all insured damage sustained by property of all persons and
entities affected by the terrorism and business interruption |oawom
sustained by owners or occupants of the damaged property. For the
purpose of this prnviaion, insured damage means damage that is covered
by any insurance plus damage that would ba 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 maanai
o� physical injury that involves o substantial risk of death; or
b� protracted and obvious physical disfigurement; or
C, protracted loss ofor impairment of the function ofa bodily Member
or organ; nr
3, the terror mvdmsa the uma, m|oauo 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 ur poisonous biological or chemical materials are released, and
it appears that one purpose of the terrorism was to release such materials.
With respec to this exc Paragraphs 1. and 2. describe the thresholds used
to measure the magnitude ofonincident ofen "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 follow 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 app|ioab|e, and includes but is not limited bo "bodily injury~.
^property dmmmgo^. ^ponnmma| and advertising injury"," injur or
^environmental damage" as maybe defined in any applicable Coverage
Part
2. "Certified act o[ternoriam~means an act that iszedifiedhy the Secretary of
the Treasury, in concurrence with the Secretary ofBtate and the Attorney
General of the United Statem, to be an act of terrorism pursuant to the
federal Terror Risk Insurance Act of20D2. The federa Terrorism Risk
Insurance Act of20O2 sets forth the following criteria for a"certified act of
FM|TCA1017 Pagi Packet Pg. 1586 1
n. The act resulted in aggregate losses in excess o[$5 million; and
b� The act is u violent act or on act that is dangerous to human |Ue,
property orinfra'strudare and is committed by an individual or
individuals acting on behalf of any foreign person or foreign
interest, as pad of an effort to coerce the civilian population of the
United States orto influence the policy or affect the conduct ofthe
United States Government bycoercion,
3, "Other act of terrorism" means u violent act or an act that in dangerous to
human |ife, property or infrastructure that is committed by an individual or
individuals and that mppoom to be part of an effort to oomrm* acivi|iun
population or to influence the policy or affect the conduct of any
government by noercion, and the act is not certified as a terrorist ant
pursuant to the federal Terrorism Risk Insurance Act of 2002, Multiple
incidents of an 'tdhur act of terrorism" which occur mxiNn a seventy-two
hour period and appear to be carried out in concert or to have a related
purpose nr common leadership shall be considered bzhe one incident.
C, In the event of any incident of a "certified act of terrorism" or an "other act of
terror 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 |a*
enforcement activities. As used haren, and subject to all other terms and conditions
required under this Coverage Agreement, law enforcement activities means those activities
by KAombors, 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 orChaptor2B8.F|nridaStatuten.aabothmaybeamended
from time totime,
RR. to any claim for loss or damage to Property In the Open (PITO) as defined herein.
HERB ICI DE/PESTI CIDE COVERAGE
The Trust will pay for bod injury or property damage caused directly by contact with herbicides or
pesticides sprayed by the Member into the air.
This coverage extension does not app to bodily injury or property damage as described in
Exclusion of the Coverage Agreement.
The |knd of liability under this coverage mdunaims is the amount of liability described in the
General/Professional liability section of the Declaration Page or $1 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 phmmy, 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 hobe applicable hu m 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 iovalid and collectible against u covered claim or suit and provides for
contribution by equal shares, the Trust shall not be liable for a greater proportion of such covered
FM|TCA1017 Pagi Packet Pg. 1587 1
|oao 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 ohmmu of the remaining amount of the |oaa 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 greater proportion of such covered loss than the applicable limit ofliability under this
Coverage Agreement for such loss bears to the total applicable limit of any other insurance which is
| valid and collectible against such loss.
FM|TCA1017 Pagi Packet Pg. 1588 1
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
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
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 |TCAREFULLY
ERRORS AND OMISSIONS LIABILITY ENDORSEMENT
This endorsement issued by the Trust extends and modifies the prov 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 add coverage�
The Trust will pay all sums oDesignated 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 m Member acting in his offic capacity
which takes place during the period of this Coverage Agnaomed, subject toall terms,
oonditionn, exc and limits of liability of the Coverage Agreement and this
endorsement.
Ui The Def Suction is amended 0o 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 following individua boards, oumminoionm, outhohdon, units or administrative
departments or agencies of:
Schools
Airports
Hospitals
R. Official Capacity means the capacity of a Member wh lawfully acting for or on
behalf of the Designated Member. or while lawfully acting in aid of the dudes or
functions which come within the scope of the Membe employment bythe
Designated Member.
N. The Exclusion Section of t Coverage Agreement is amended as follows for this
A` Exc Lof the Coverage Agreement iaemendadbreod:
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 ofa Member |n indemnity another because of damages arising
out of such injury; but this exc does not apply bo liability assumed by
the Designated Member under an incidental contract.
13, Exclusion BBof the Coverage Agreement iadeleted,
C, The following additional exclusions are included for purposes of this endorsement
This en does not apply to any liability arising out of the following:
FM|TB]1017
1 based upon or attr to any Member gaining in fact any profit or
advan to which such Member was not legally enhUed, including
remuneration paid in violation o[ law an determined by the courts;
2 brought about or contributed to by frmud, dishonesty, or bad faith of a
Member, hmymvor, notwithstanding the foregoing, the Member shall be
covered under the terms of this Agreement aa to any o|eimo upon which
suit may be brought against them by reason of any alleged fraud or
dishonesty on the part of any Member, unless ajudgment or other final
adjudication thereof adverse 10 such Member shall establish that acts of
active or deliberate dishonesty or fraud committed by such Member was
material to the cause n[ action ooadjudicated;
3 to any (a) liability arising out of estimates of probable costs or cost
estimates being exceeded or faulty preparation of bid speoifioaUonn, or
p|ono. or (b) injury ho, destruction or disappearance of any tangible
property (including money) or the loss of use thereof;
4, any claim demand or action seeking ne|ie[, or redress, in any form other
than money damages, and any costs, fees, expenses or attorneys' fees
relating to such claims;
5, to any obligation for which o Member becomes obligated to pay future
wages as a result of any alleged wrongful employment practice liability or
employee benefits program liability.
8, to any Bodily Injury Liability, Property Damage Liability, Personal Injury
Liability, Advertising Injury Liability, Products Liability and Completed
Operations Hazard arising directly m indirectly out m[
m. any actual or alleged failure, malfunction or inadequacy due tothe
inability to correctly reoognize. Prooenn, distinguish, interpret or
accept the year 2DUQ and beyond by:
( any of the following, whether belonging (o any Member ur
to others: (a) Computer application ooftmmva; (b)
Computer networks; (o) Microprocessors (computer chips)
not part o[ any computer system; (d) Computer operating
systems and related software; (e) Computer hardware,
including microprocessors or(f) Any other computerized
or electronic equipment oronmponantn�or
( any other products, and any oomioou, data or functions
that directly orindirectly use or rely upon, in any manner,
any o[ the items listed in the preceding paragraph
b any advice, consultation, design, evaluation, inspection,
installation, maintenance, repair, replacement orsupervision
provided or done by you or for you ho determine, rectify or test for,
any potential oractua|Jprob|omo described in paragraph o.above.
7, any liability for finee, punitive or exemplary damaQea� or any non-
compensatory damages or penalties imposed pursuant to any federal or
state anti-trust, civil nghto, anti-discrimination, or racketeer influence and
corrupt organization (R|CO)laws;
8, any claim requesting return or reimbursement ofa special oameeamont
tax, service charge, fine or fee or any other payment or overpayment bothe
Designated Member orMember�
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 1SO2
United States Code, Title 42. Section 19O3
United States Code, Title 42, Section 1985
FM|TB]1017
United States Code, Title 42, Section 1986
United States Code, Title 42. Section 121O1(\DA)
United States Code, Title 2S. Section 2QD1. et. seq. (Fk8L4)
Civil Rights Act of 1991
Vi Under this endorsement, coverage is provided for any claim or suit seeking
damages for alleged wrongful Employment Practices |iabi|dy, including claims
arising before the Florida Public Employees Relation Commission, the State of
Florida Commission on Human Relations and the Fodsm| Equal Employment
Opportunity Commission, subject Uuthe tmnnn, conditions and exclusions of this
endorsement and the tormm, conditions and exclusions of the Coverage
Agreement.
For any claim, suit oroccurrence in which wrongful Employment Practices liability
coverage may potentially exist under this Section V|, and any other Coverage
Agreement provision or endorsement, it is agreed this Section V|, shall provide the
ou|e source ufcoverage available and coverage shall be subject to all terms and
conditions applicable to this Section V|.
FM|TB]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
.. CO ,
Kevin Madok Principal
Old Republic Surety Company
Surety
�Z
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
c "suit,`'-, OLD REPUBLIC SURETY COMPANY
Q ,
C,
W � co•ro••r '� p
o ` SEAL :'_
•e t c
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.
�: ?OSAgI� i
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�, ,
` QJ
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.
SHE
t'
Certificate Number: 18- FSRMF- 44
Iff el"A4 • , , •
PRINCIPAL ADDRESS: 5525 College Road, Key West FL 33040
ANNUAL AGREEMENT PERIOD: October 01, 2017 EXPIRATION DATE:
"'1 'I l � �I ► r- 1
DEDUCTIBLE: None
THIS DECLARATIONS PAGE IS ISSUED TO THE COVERED MEMBER NAMED ABOVE, TO IDENTIFY THE ANNUAL AGREEMENT PERIOD AS WELL AS THE
LIMITS OF COVERAGE AFFORDED. ALL TERMS, LIMITS, DEFINITIONS, REGULATIONS, CONDITIONS, EXCLUSIONS, AND LIMITATIONS OF THE
APPLICABLE SELF INSURANCE COVERAGE AGREEMENT WHICH ACTUALLY AFFORDS COVERAGE BY VIRTUE OF PARTICIPATION IN THIS SELF
INSURANCE PROGRAM BY THIS PARTICIPATING COVERED MEMBER APPLY. THIS DECLARATIONS PAGE DOES NOT INCREASE, AMEND, OR MODIFY
THE COVERAGE OTHERWISE PROVIDED UNDER THE APPLICABLE SELF INSURANCE COVERAGE AGREEMENT ATTACHED HERETO. THE LIMITS SET
FORTH UNDER THIS AGREEMENTAPPLY ONLY TO THE EXTENTTHAT EXCESS LIMITS ARE COLLECTABLE FROM REINSURERS COVERING THIS
AGREEMENT. IN CONSIDERATION OF THE PAYMENT OF THE CONTRIBUTION AND IN RELIANCE UPON THE STATEMENT IN THE DECLARATIONS AND
THE APPLICATION FOR COVERAGE HEREUNDER AND SUBJECTTO THE INSURANCE AGREEMENTS, DEFINITIONS, EXCLUSIONS, AND CONDITIONS OF
THIS SELF INSURANCE COVERAGE AGREEMENT, THE LIMITS OF LIABILITY AFFORDED FOR THE ANNUAL AGREEMENTPERIOD ARE AS FOLLOWS:
Pub lic Officials Liability $5,000,000 Per O ccurre nce - -
10,000,000 ,annual Aggregate
Su
fi
y Disc
• # }
S
2090 Summit Lake Dd%e, Tallahassee, FL 32317
P.O. Box 12909, Tallahassee, FL 32317
Telephone: (850) 32D -6880 Facsimile: (850) 320-6939
A
.;,
SHERIFFS RISK MANAGEMENT FUN!
Certificate Number: 18- FSRMF-44
DEDUCTIBLE: 0.00
THIS DECLARATIONS PAGE IS ISSUED TO THE COVERED MEMBER NAMED ABOVE, TO IDENTIFY THE ANNUAL AGREEMENT PERIOD AS WELL AS THE
LIMITS OF COVERAGE AFFORDED. ALL TERMS, LIMITS, DEFINITIONS, REGULATIONS, CONDITIONS, EXCLUSIONS, AND LIMITATIONS OF THE
APPLICABLE SELF INSURANCE COVERAGE AGREEMENT WHICH ACTUALLY AFFORDS COVERAGE BY VIRTUE OF PARTICIPATION IN THIS SELF
INSURANCE PROGRAM BY THIS PARTICIPATING COVERED MEMBER APPLY. THIS DECLARATIONS PAGE DOES NOT INCREASE, AMEND, OR MODIFY
THE COVERAGE OTHERWISE PROVIDED UNDER THE APPLICABLE SELF INSURANCE COVERAGE AGREEMENT ATTACHED HERETO. THE LIMITS SET
FORTH UNDER THIS AGREEMENTAPPLY ONLY TO THE EXTENTTHAT EXCESS LIMITS ARE COLLECTABLE FROM REINSURERS COVERING THIS
AGREEMENT, IN CONSIDERATION OF THE PAYMENT OF THE CONTRIBUTION AND IN RELIANCE UPON THE STATEMENT IN THE DECLARATIONS AND
THE APPLICATION FOR COVERAGE HEREUNDER AND SUBJECTTO THE INSURANCE AGREEMENTS, DEFINITIONS, EXCLUSIONS, AND CONDITIONS OF
THIS SELF INSURANCE COVERAGE AGREEMENT, THE LIMITS OF LIABILITY AFFORDED FOR THE ANNUAL AGREEMENTPERIOD ARE AS FOLLOWS:
a LOW 0 10414 03
$100, 000 Per Occurrence
■� y_ ■amage to Structures
.4 R I 1 `+ ► - Person
r $1 Pe Pe rs o n, Per O ccurr e nc e ,
Aggregate
SIGNED:
2090 Summit Lake Drive, Tallahassee, FL 32317
P.O. Box 12909, Tallahassee, FL 32317
Telephone: (850) 320 -6880 Facsimile: (850) 320 -6939
Western Surety Company
Western Surety Company hereby continues in force Bond No. — 6 9 8 2 7 19
briefly described as COLLECTOR COUNTY OF MONROE
— — — — ------------ — — - -
Lnthesumof$fLfty_,Thous;and and ..00/100 Dollars, for the term beginning
--2=—, and ending Janugry_,I.___,,, Subject to all
9 N I R I M I I I19 I I 1 1! 111 Ir � 11
"0 r-mr,31,37TIM Mlllnqw- I "Mmit am, "Ity- TI-11fro "M
the totals above written.
Dated this 13th - day of --------
4%
Form 90-A-8-2012 Ir.0
Western Su Com
�.
one T ... Q r-T P . CQUWY, O -. - - - --
bead vAth bond number ..:.
for .'
as Principal in the penalty amount not to exceed;
ATTE In Witness Whereof, the said WESTERN SURETY COMPANY has caused these presents to be executed by -
President — vAth the corporate seal affixed this day of Dec rei
2017 A
Nelson, Assistant Secretary
STATE OF SOUTH DAKOTA
COUNTY OF MINNEHAHA
a
p ersonally LAS ca
On this —Altb— day of ___p�qqember 2017
acknowled Paul T. Bruflat and L. Nelson
who, being by me duly swam, `
volun of ..
PUBLIC J. MOHR
NOTARY I(RL OUT AK A 'r Notary Public
My Co Expires Jame 23, 2021
Form F1975-1-2016 Packet Pg. 1599
UK
Agency {'Ode - .
Bond Number:
Rand Effective tee
Bond Expiration Fate;
Type of Renewal:
Obligee;
Florida Secretary of State
i tm Division of Elections Rrn 316
RA, Gray Buildhig
?it F. mou.gh Str ct
Tall laassec, Fl, 32399- 0250
las-,
Pen ltv Anit Premium Awnt Corom Kati ru
TOTAL PREMIUM S 35 C14
CD
r
Z
tm
CL
c
x
W
c
r
R
c
0 9 - 0223
-820491 -
�
-
1 =1 2
u
C7 ontinuation C erti kale
_
Z
rL
4-
C
c
m
w
BOND DEPARTMENT
AGENCY: 09 -0238 Key West Insurance Inc
c
tw N lNC3A t N ll
BOND 5- 8204131
Prin cilriz Obligee:
cs
Scott P Russell Florida Secretary of State
�
2505 Fogarty Avenue Division of Elections Rm 316
500 Bronough Street
Key west, FL 33040 Tallahassee FL 32399 -0250
CL
Bond `l€'ertu an M1 09ths. 4 Effective I?�te< l/i/2017 Expiration t�rr Bate. I I %2021
C
c
Penalty Art ount: '. $10,000 Type of Bond: Public Official- Individual
X
ClasslficatinowPublic Off"rcial Not :Othet - wise Classified
Z
c
c
Remarks.
Pro Appraiser
C14
CD
C14
r
It is hereby agreed that .be captioned numbered Bond is continued in force in the above amount for the Period of the continued
ter >stated above ai d is subject to all the covenants:and conditions of said Bond.
This continuation shall be deemed _a part of the original Bond., and not a new obligation, no matter how long the Bond has
L
been m farce or how zx apy. st°o iums are paid for the Bond, unless otherwise provided for by statute or ordinance applicable.
C
X
hn witness Whereof,',the company has caused this instrument t be duly signed, scaled and dated as of the above "continuation
effective date ".
N M INSURANCE COMPANY
` ittttttad
u
—
CL
CL
Attorney - in - fact "
CL
CL
CL
c
This Continixa.tion Certificate needs to be filed with the obligee. No other proof of renewal has been sent to airy other party.
Agency Bill
rs�
Western Surety Company
CONTINUATION CERTIFICATE
Western Surety Company hereby continues in force Bond No. briefly
described as
for
HEATHER ANN CARRLITHEgs-
as Principal,
in the sum of $ Dollars, for the term beginning
November JA , _2016 , and ending November 18 , 2020 , 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 04 . day of Ngvember , 201 .
F WESTERN URETY COMPANY
M
By
Paul T. Br at, Vice President
THIS "Continuation Certificate" MUST BE FILED WITH THE ABOVE BOND.
Form 90 -A- &2012
n
t ri
Western Surety Company
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 o f . 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_
bond with bond number
for H N CAEUI EIRS
as Principal in the penalty amount not to exceed: $2 - 000.00
Westem Surety Company further certifies that the following is a true and exact copy of Section 7 of the by -laws of Western Surely
Company duly adopted and now in force, to -wit:
Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate
name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the
Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint
Attomeys -in -Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate
seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The
signature of any such officer and the corporate seal may be printed by facsimile.
In Witness Whereof, the said WESTERN SURETY COMPANY has caused these presents to be executed by its
Vice President with the corporate seal affixed this 04 day of November 2016
ATTEST WE N SUR COMPANY
CT zd.�� By
L. Nelson, Assistant Secretary PauA Bruflat, Vice President
k Nc
STATE OF SOUTH DAKOTA
ss
COUNTY OF MINNEHAHA��
On this 04 day of Ngmember 2016 , before me, a Notary Public, personally appeared
Paul T. Bruflat and L. Nelson
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 COMPA and acknowledged said instrument to
be the voluntary act and deed of said Corporation.
♦4444 4444444444444444444
.r J. MOHR
X t3 NOTARY PUBLIC �R a
s SOUTH DAKOTA f Notary Public
♦4444444444444444444h444 ♦ My Commission Expires June 23, 2021
To validate bond authenticity, go to www.cnasurely.com > Owner/Ob Services > Validate and
Coverage. ift
Form F1975.1.2016 Packet Pg. 1603
MA
W e Comp
CONTINUATION CERTIFICATE
Western Surety Company hereby continues in force Bond No. 713 9728 briefly
described as COU OMM . 0 0 R
for
, as Principal,
in the sum of $ TWO THOUAI AND NO /100 Dollars, for the term beginning
1`love er 20 2016 , and ending November 20 , 2020 , 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 � day of Noy beT ,, 2016
THIS "Continuation Certificate" MUST BE FILED WITH THE ABOVE BOND.
Form 90 -A -8 -2012
WESTERN
URETY COMPANY
<.
By N
Paul T. Br at, Vice President
t nr M �1 n
'
r�KY�C l�
r S ��
THIS "Continuation Certificate" MUST BE FILED WITH THE ABOVE BOND.
Form 90 -A -8 -2012
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 o f Sioux Falls
State of South Dakota , its regularly elected Vice President
3
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:
bond with bond number 713397
for DANNY L, KOLHAGE
as Principal in the penalty amount not to exceed: $2, 000 .00
Western Surety Company further certifies that the following is a true and exact copy of Section 7 of the by -laws of Western Surety
Company duly adopted and now in force, to -wit:
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate
name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the
Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint
Attorneys -in -Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate
seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The
signature of any such officer and the corporate seal may be printed by facsimile.
In Witness Whereof, the said WESTERN SURETY COMPANY has caused these presents to be executed by its
Vice President with the corporate seal affixed this 23 day of November , 2016
ATTEST WE N SUR COMPANY
' By
L. Nelson, Assistant Secretary PauA Bruflat, Vice President
u_
STATE OF SOUTH DAKOTA
SS
COUNTY OF MINNEHAHA
On this 23 day of November 2016 , before me, a Notary Public, personally appeared
Paul T. Bruflat and L. Nelson
who, being by me duly sworn, acknowledged that they signed the above Power of Attorney as Vice Pre sident
and Assistant Secretary, respectively, of the said WESTERN SURETY COMPANY, and acknowledged
be the voluntary act and deed of said Corporation.
#h�h�,�hhhh�h�hhhh�ti t
s s
said instrument to
S = SEAL NOTARY PUBLI'G L SOUTH DAKOTA U Notary Public
,f. My Commission Expires June 23, 2021
To validate bond authenticity, go to www.cnasuretv.com > Owner /Obligee Services > Validate Bond
Coverage.
Form F1975 -1 -2016 Packet F
Western Surety Company
Mnffm�
Western Surety Company hereby continues in force Bond No. 71508762 briefly
described as --5UFERVJsnR OF ELECTION COUNTY OF MONROE
for R JOYCE GRIFFIN
—, as Principal,
in the sum of $ -FIVE THOUSAND AND N01 100 Dollars, for the term beginning
January 08 —.1 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
!""p
4
; 4 4
WESTERN I URETY COMPANY
By
Paul T. Br at, Vice President
THIS "Continuation Certificate" MUST BE FILED WITH THE ABOVE BOND.
Form 90-A-8-2012
Western Surety C
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 c
C
as Principal in the penalty amount not to exceed: $5.000 00
`s
r
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 =
name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the
Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint s
Attorneys -in -Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate a
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. c
In Witness Whereof, the said WESTERN SURETY COMPANY has caused these presents to be executed by its
Vice President
s
c
with the corporate seal affixed this 2_ 9 _ day of November 2017
• C
ATTEST WE N tSURYCOMPANY .c
B c
L. Nelson, Assistant Secretary y 1
Pau . Bruflat, Vice President
8
. 9'� ° w u
STATE OF SOUTH DAKOTA Y
a
COUNTY OF MINNEHAHA SS
On this 29 day of _ November 2017
Paul T. Bruflat , before me, a Notary Public, personally appeared 13
and L. Nelson
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. i
+ c
s J. MOHR i
s g L NOTARY PUBLIC
S s r
s OUTH DAKOTA SEAL s
X u <
+ My Commission Expires June 23, 2021 Notary Public
To validate bond authenticity, go to www.enasure co m >
Coverage. Owner/Obligee Services > Validate Bond
Form F1975 -1 -2016
Packet Pg. 1607