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Item O06 0.6 G BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Sylvia Murphy,District 5 The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1 �pw° Michelle Coldiron,District 2 Heather Carruthers,District 3 David Rice,District 4 County Commission Meeting July 17, 2019 Agenda Item Number: 0.6 Agenda Item Summary #5697 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 $ 5,000 b) Sheriff $15,000 c) Tax Collector $50,000 d) Property Appraiser $10,000 e) County Commissioners $ 2,000 f) Supervisor of Elections $ 5,000 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: BOCC semi-annual examination every January and June. Packet Pg. 2826 0.6 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 10/1/18 thru 10/1/19 CLERK Kevin Madok public official bond expiring January 3, 2021 SHERIFF Public Officials Liability Coverage and Law Enforcement Liability Coverage both expring 10 12019 TAX COLLECTOR public official bond 1/7/2019 to 1/7/2020 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: If yes, amount: Grant: County Match: Insurance Required: Additional Details: REVIEWED BY: Maria Slavik Completed 06/17/2019 12:18 PM Bob Shillinger Completed 06/24/2019 3:57 PM Packet Pg. 2827 0.6 Kathy Peters Completed 06/24/2019 4:14 PM Board of County Commissioners Pending 07/17/2019 9:00 AM Packet Pg. 2828 O.6.a Sec. 2-28. - Public officer bonds. (1) Bond amount required. Pursuant to F.S. chs. 137, 28, and 30, the board hereby requires the following constitutional officers to give bond, conditioned on the faithful performance of the duties of his/her office, in the following amounts: a) Clerk of the circuit court $ 5,000 CM Sheriff $15 z b) 000 U) c) Tax collector $50,000 d) Property appraiser $10,000 4- 0 2 e) County commissioners $ 2,000 4- 0 f) Supervisor of elections $ 5,000 E M X (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. CO (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 U) clerk of court a new bond for the same amount as set forth in subsection (1). (C)rd. No. 029-2013�2) Z CL 00 CO Page 1 Packet Pg. 2829 Peters-Katherine Subject: FW: Faithful Performance Bonds for County Commissioners � From: Sid Webber � Sent: VVednesdav, October 15, 3014 10:07AM To: S|ov|k-Maria �� � Subject: Faithful Pe�oramnnce Bonds for County [omorniysoners Maria, � � As a follow up to our telephone conversation that we had with Bob Shillinger yesterday,the following comments are offered. 1. Previously Florida Statute 6 137.04 required that all County Commissioners maintain a Faithfu|| Performance M Bond. In 1998 the State amended § 137.04 making the purchase of these bonds an election of the County. � 2. |tis understood that the County continues to purchase these bonds for their Commissioners. � l The Bonds have several features that should be considered in the Count ' �eve|ua1innofcontinuin�1he8onda� 0 . CO 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. 20 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 :3 � claim. � 5. Since proceeds from the Bonds are paid to the Governor,the County will not experience any benefits from the Bonds. � 6. The Countycurrendypurcheses"Enmp|oyeuUishonestv" coverage (vvith |innitsof$1,OOO,O00)thatpruvides coverage for the County Commissioners and the County also purchases"Public Officials Liability" coverage (with limits of$Smoi||ion>thatprovide�theCountyvvithprutectionforth�outionsof1heBoardrnennb�rs. "Pub|ic . Officials Liability" is also referred toas"Errors and Omissions" Liability. co 8ayedonthe |innitationsofthecurrent"Faithfu|| Perfornnance" bondsdiscussedabnveandthattheCountynurrenUy J� 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 °Faithfu|| E Performance" bonds they are currently purchasing. � cm | will make myself available ifyou, Bob or anyone else would like to discuss this issue in more detail. Ln 4i Sid Webber 0 |nteriskCnrporation 1111 N.VVestshone Blvd. Suite %O8 Tamopa, R 33607 (313) 287-1040 FLORIDA LEAGUE OF CITIES U) 'a SPONSORED INSURANCE PROGRAMS r_ 0 DECLARATIONS M ,7z .2 4-- 0 .2 I. DESIGNATED MEMBER: Monroe County Board of County Commissioners 0 r_ .2 Address: 1111 12th Street Suite 408 Key West, FL 33040 S E M X 0 ,7z 11. COVERAGE PERIOD From October 1,2018 to October 1,2019 C0 12:01 A.M. Standard Time at the address of the Designated Member. Ill. AGREEMENT NUMBER co Florida Municipal Insurance Trust(FMIT) FMIT#0386 .2 IV. COVERAGES INCLUDED General Liability E Automobile 0 Workers'Compensation 0 V. ESTIMATED ANNUAL PREMIUM Normal Expense Incentive Net Premium Constant Credit Premium Mv $494,658 $200 $(23,082) $471,776 .2 4-- 0 .2 CL 0 October 1,2018 Signature of Authorized Representative Date E Packet Pg. 2831 FLORIDA MUNICIPAL INSURANCE TRUST 4-- COVERAGE AGREEMENT 0 APPLICABLE TO: GENERAL LIABILITY,AUTOMOBILE,PROPERTY AND ALLIED LINES In consideration of the Designated K8embor's payment of the required contributions and the 4- 0 covenants and terms set forth in(a)the Conditions ofCoverage, (b)the Member'm Application for Participation including the statements and representations contained therein, (n) the Dodmmdono and (d) the Coverage Agreement including coverage endorsements, terms, conditions, limits of liability,exclusions and other provisions thereof (a, b,c, and d hereinafter collectively forming and ' referred to as the "Coverage Agreement), the Florida Municipal Insurance Trust (hereinafter the 7mst")hereby enters this Coverage Agreement with the Member oafoUmws�� X 4) COVERAGE The Trust will pay all sums which a Member becomes legally obligated to pay as Damages because .� Bodily Injury co Property Damage Personal Injury,or z� � Advertising Injury � to which this Coverage Agreement and any endorsements thereto apply if caused by an � Occurrence which takes place during the coverage period of this Coverage Agreement. � 00 � As a pre-requisite bo any coverage provided by the Trust under this Coverage Agreement, the z� Member expressly agrees to each of the Conditions contained in the Conditions o/ 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 m|em, policies and procedures adopted by the Trust,which shall be deemed part of this Coverage Agreement,whether expressly restated herein ornot, LIMIT OF LIABILITY Regardless of the number of(1) Members covered by this Coverage Agreement, (2) persons or organizations who sustain injury or damage,or(3)Claims made or Suits brought because of bodily injury, property damage, personal injury or advertising injury, the liability of the Trust is limited as follows: The most the Trust will pay for each covered Occurrence including, but not limited to, Damages, — damage awards for derivative clmimn, taxable nomts, claimant attorneys fees, and prejudgment or post-judgment interest,shall not exceed the sum shown in Declarations under the column referred toam^LimK.beside the respective line of coverage theTmstopp|iesto(heyivenOccunenne.when �TO such |im» of coverage is part of the Designated Mambm'm Coverage A0raenant, subject to any — further coverage restriction or limitation whose application is demnhbed with greater specificity elsewhere within the Coverage Agreement or the applicable endorsement. Un|mmm otherwise specified,the costs and expenses necessary'to investigate and defend any Claim or Suit to which n-- this Coverage Agreement applies shall not reduce the Limit ofLiability. ~~ For the purpose of determining the limit of the Trust's liability,all Damages arising out of continuous cx repeated exposure bo substantially the same general condib U unsyh� benmmmderedanmrioing CL out nf one Occurrence,on that term iwdofinedherein. WIT CA1O1O Page 1of2O U) 0 M DEFENSE AND SETTLEMENT 7z .2 The Trust will settle or defend, as it considers appropriate, any Claim or Suit demanding Damages 0 covered by this Coverage Agreement. The Trust will defend any Suit against a Member which .2 alleges a Claim for Damages covered by this Coverage Agreement even if such Suit is eventually found groundless, false or fraudulent. However, the Trust has no duty to defend or indemnify a Member in any Claim or Suit which alleges facts excluded or not covered by this Coverage 4- 0 Agreement. r_ .2 In the event a Suit contains allegations which allege Damages which the Trust has a duty to defend and other allegations which allege Damages the Trust does not have a duty to defend,the Trust will S defend the Suit subject to the terms, conditions, limits of liability and exclusions of the Coverage E Agreement;however,undertaking such defense shall not obligate the Trust to pay any judgments, X settlements or awards which a Member becomes legally obligated to pay for allegations to which coverage does not apply. The Trust's duty to defend ends when applicable Limits of Liability have :3 been exhausted. As a condition of coverage under this Coverage Agreement,the Member agrees that settlement of any Claim or Suit may involve the payment of proceeds and/or the taking or forbearing to take 4) certain actions by the Member. Accordingly,the following requirements shall apply to all settlement co efforts by the Trust and any party acting as the Trusts appointed representative or agent: 1 For any Occurrence resulting in a Claim or Suit for Damages, if the Trust gives written notice of its recommendation for settlement, including the payment of proceeds to settle a Claim or Suit and/or the taking or forbearing to take certain actions by the Member, and the Member does not affirmatively accept such 00 recommendation within a reasonably requested time period contained in the notice, not to exceed thirty (30) days following receipt of such notice, the Trust's sole coverage obligation to the Member shall then not exceed the lesser of, a. The sum for which the Claim or Suit could have been settled at the time set forth in the notice of the Trusts recommendation for settlement;and b. The unpaid costs and expenses incurred by the Trust to defend the Claim or Suit through the date on which the Member was required to provide its affirmative acceptance of the recommendation for settlement;or 0 c, If less than the sum of a. and b.above,the unused portion of the stated limit of 0) liability contained within the Declarations, less any self-insured retention or deductible amounts owed by the Member. > 0 0 2. In its application of the foregoing provision, the Trust shall have no obligation to >1 provide prior notice or obtain prior authorization of the Member or its legal couns9l before making any proposed settlement, actual settlement or partial settlement of any Claim or Suit covered under this Coverage Agreement, 20 As a condition of coverage under this Coverage Agreement,the Member agrees .TO .2 1. For any Occurrence resulting in a Claim or Suit for Damages for which coverage 4-- 0 under this Coverage Agreement is sought, the Trust, in its sole discretion, may investigate; settle; coordinate the defense of Claims or counts within Suits which may not be expressly covered by this Coverage Agreement but which provide :3 strategic benefits through coordinated litigation; and/or use of any other Claim CL defense measures permitted by applicable state law or rules of attorney professional conduct,without the prior consent or approval of the Member. 0 FM IT CA 1018 Page 2 of 20 1 Packet Pg. 2833 2, 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 .2 covered by this Coverage Agreement, absent a clearly expressed conflict of 0 interest by the attorney initially retained by the Trust. & The Trust shall remain in control ofthe defense for any Occurrence resulting|na Claim or Suit for Damages for which the Trust is obligated to provide a defense or 4- 0 elects to provide a defense to the Member,notwithstanding any of the following� a.There im more than one defendant against whom a Claim m Suit iobrought; b. There is any real or perceived conflict between or among the Trust,any Member mr any defemdenVa)involved in any Claim orSuit; X o,The Trust has reserved its right hm deny or limit its coverage in any Claim or8u�� dTha TmmL or the Member initiates any Claim or Suit against any other Trust .� W1mmber. 4. |n the event any court of competent jurisdiction orders the Trust ga provide attorney co representation beyond the attomey(s)retained by the Trust to defend any Claim or Suit,the Member shall be entitled to the fees and charges for such court-ordered z� � attorney representation only to the extent of usual,customary and reasonable legal fees and charges ordinarily paid to attorneys retained by the Trust. ~� � � DEFINITIONS 00 � The following definitions apply throughout this Coverage Agreement unless modified or excluded: z� � A. Advertising Injury,means injury arising out of an offense committed during the Coverage ~� Agreement period occurring in the course of the Designated Mwmbe/s advertising activities if such injury arises out oflibel, slondar, defamation, violation of right of privacy, oral or written publication of matedal, misappropriation of advertising ideas or style of doing business,or infringement of copyright,title,orslogan. B Territory,means the United States of America,its terntories and possessions, 0 Puerto Rico and Canada. C. Automobile,means a land motor vehicle,trailer or semi-trailer designed for travel on public mmdo (including any machinery or apparatus attached thereto), or any other land vehicle that is subject 0o a compulsory or financialresponsibility law or other motorvehicle0 insurance law in the state where it is licensed or principally garaged. However, — ^automobile" does not include "mobile equipment" and dnme not include any vehicle deaignedfnrbave/unpubUcmadm8/at im operating through use of autonomous technology without a licensed driver in position ho provide active control. 20 O Bert J.Harris,Jc Private Property Rights Art Claim,means u Claim alleging m cause of20 action authorized by section 70.0O1.Fla.GbK.,ms amended from time 0otime. E Blanket Coverage,means in the event of a covered first-party property damage Claim,the ~° Designated Member's property coverage limit of liability shall include the aggregate sum of agreed property values that were specified inthe Statement o[Values and upon which the coverage and premiums were underwritten for the relevant coverage period. A blanket CL coverage limit shall only apply when the designation~BXanket^is noted within the Property, Allied Lines and Crime Declarabons page,,,shall only apply to covered property described at RN[TCA1V10 Page3of2V a Scheduled Location; and shall be subject to any specifically capped property damage coverage limit agreed to and referenced in the OocmmUonm .2 Declarations, 4-- 0 F Bodily Injury, means bodily injury, sickness ur disease sustained by pamun, including death resulting from any of these at any time resulting from an Occurrence during the period of this Coverage Agreement. � G. Communicable Disease includes but in not limited to Acquired Immune Deficiency Syndrome(\|05).and any other sexually transmitted disease, K ' Designated Member,means the entity,organization orconstitutional officer named inItem ' |. or V. of the Declarations of this Coverage Agreement; Designated Member duaa not include employees or agents u[that entity mrorganization. X | Designated Memnbmeo Products,means goods or products manufactured, sold,handled, or distributed by the Designated Member or by others trading under his name, including � any container thereof(other than a vehicle),but"Designated Members Products"shall not .� include a vending machine or any other property rented to,or located for use of,others but not sold. 4) CO S Elevator, means any hoisting or lowering device to connect floors or landings,whether or not in semi*e, and all appliances thereof; but does not include mm automobile servicing z� z� hoist, a material hoist used in alteration, construction or demolition operationo, or an � inclined conveyor used exclusively for carrying property madumbwaiter, ~� :3 K Employee Benefit program, means any pension and profit sharing plan; individual retirement account salary ~° ~~,p~'. ~� (k). 457(b) or similar retirement savings provisions- employee stock submmipbmm p!em, z� savings plan; group plan for life, heakh, denta|, d|mmbi|i{Y, mutomo&|le, home owners, or legal nemim*m insurance; social security system benefits-, workers' compensation and unemployment insurance; travel, and vacation pUansl- or educational tuition reimbursement plans created,administered or endorsed byo Designated Member. L� Employment Practices Liability means liability ohumg from a Claim or Suit alleging Damages as a result of any of the following acts or omissions by the Designated Member which occur in its capacity amanemployer 0 � 1 discrimination,(including but not limited to discrimination based upon age,gender, naoe,mdor,national ohgin, nyigiom,sexual orientation or preference, pregnancy or disability); 2. emplcyment4elmbad misrepresentation(s) toan employee or applicant for - employment with the Designated Member; 3. failure ho grant tenure; 4 failure bo provide or enforce adequate or consistent policies and procedure relating tn any Employment Practices Violation; 5 harassment (indudmg sexual harassment whether "quid pm quo^, homW|e work ~~ environment orothenwme); & retaliation (including lockouts) or alleged employment decisions involving violation CL of any state or local whioUeWowev protection law, FK0|TCA1V1D Page 4o[2O 7 wrongful dephvmhon of career opportmby, wrongful demotion or negligent employee evaluation, mo�d�g0e�Y�gm�nmg�mamdn�m�o�o��mmn� � '2 . � connection with am employee reference; 0 8. wrongful discipline; 9, wrongful dismissal,discharge m termination,either actual orconstructive; � 10. wrongful failure to employ m promote;and 11. violation of an individua|'y Civil rights relating to any of the above but only if the ' alleged act or omission relates to an employee or applicant for employment with the Designated Member whether direct,indirect,intentional or unintentional. X M Errors and Omissions, means any emoz, ominoion, miustatamant, neglect or breach of duty by the Member while lawfully acting within the Members official capacity or scope of � employment for the Designated Member, whether the Member is acting individually or � ou||eohve|y,for which a Claim alleging Member liability for Damages is made. As defined, ' Errors and Omissions excludes any Claim, Suit or liability for: Bodily Injury, Property � Damage, Personal Injury; Advertising Injury; Employment Practices Liobi|hy, Civil Rights co Liability;Law Enforcement Liability m Employee Benefit Program Administration Errors and Omissions liability; excludes any failure to obtain any insurance coverage of any b/p* or z� � amount.;excludes any matters ona|ng before the Florida Commission on Ethics or before any focal ethics commission created by charter or ordinance; and excludes any Claim ~� otherwise expressly excluded from coverage elsewhere within the Coverage Agreement. � � 00N� Incidental Contract, means a written (a) lease of premises, (b) easement or license agreemz� md granted to the Member, except in connection with construction or demolition � operations on m within 5O feet ofa na|nmd (o) obligation 0mindemnify amunlcipo|hy. an naguinyd by municipal mdinamum, except in connection with work for m municipality (d) an elevator maintenance agreement;(e)|ntedocal Agreement orV0 contract otherwise entered by the Member for which tort liability would be imposed against the Member even in the absence of the contract` but does not include any contract that: involves the provision of professional services by an architect,engineer or surveyor; seeks to impose liability under a warranty of the @memo or quality of the Member's products or e warranty that work performed by or on behalf of the Member will be done in a workmanlike manner- seeks to 0 � hold harmless and/or indemnify any person or entity excluded from the scope of Section 768.28. Fla. Stat.; seeks to make the Member liable for any Claim, |omo or Damages proximately caused by the negligent act or omission o[another party,its directors,offioem. employees,contractors and/or agents;seeks to waive the Members sovereign immunity nr extend the Members tort liability beyond the limits expressly provided in Section 708.28 0 Fla. Stat.; seeks to impose contractual liability on the Member for underlying tort CYmhns — beyond the limits expressly provided in Section 768.28 Ro.Skat.; m does not otherwise comply with the express provisions uf Section 7O8.28Fla.Stsd. 0. Incidental Medical Malpractice Injury,means Bodily Injury arising out o[the rendering of — ur failure{o render medical aamivan or treatment by a Member who is not a medical or paramedical pnofeamionml of any type during the pmhod of this Coverage A#nyemont, including the following mowimaa n� � 0 1 medical, surgical,dental,x-ray or nursing service mtreatment or the furnishing of food m beverages in connection therewith;or CL 2. the furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances. P. |oterlocal Agreement,means an agreement that is authorized by and entered pursuant to Chapter 163,Fla.Stat.and that complies with the express provisions of Section 768.28Fla. .2 Stat. 0 4 Inverse Condemnation,means any affinnadveregulatory action bya Designated Member raau|UnQ in the deprivation of substantially all economically beneficial or productive use of � private property and the resulting cause of action by the affected prop"owner hm recover 4- 0 any loss in monetary value resulting from the regulatory action. As defined, "inverse condemnation'excludes any physical taking of property or diminution of access to property,by whatever means and whatever name called. ' R Loading or unloading,means the handling ofpmperty� � � � 1 after bim moved from the place where itim accepted for movement into or onto an aircraft,watercraft or^auto;^ � 2, while 8is ino,onon aircraft,watercraft or^a�o,'^mr ' & while it is being moved from an aircraft,watercraft or'auto'to the place where it is CO finally delivered- but "loading orunloading" does not include the movement o[ property bymeans of mechanical devim*.o�arthan o hand tmuk.��imn�a�achadto�a���ft we�mm�m �- ~omb.~ ' � S. Member, 00 � � 1 the Designated Kkembms�and 2. while acting within the scope of his employment,any officer(exooptconst[tudional offioem), vduntear, oommnL or employee of the Designated Member, including elected and appointed officials, and members of Boards or Commissions created by the Designated Member However, the coverage so provided any officer, memani, or employee does not apply ko bodily injury to another officer, servant or mmp|oyeaoftheDemignatedMamberinjuvedinUheuoumaofandmhmingoutofhio 0 � employment, The coverage afforded applies separately to each Member against whom Claims are made or Suits are brought, except with respect to the limits of liability of the Trust and does not apply to any Claim, Suitor liability ansing outof the conduct of any partnomhp or joint 0 venture of which a Member is a partner or participant and which is not specified in this Coverage Agreement as a Designated Member. T. Mobile Equipment,means a land vehicle(including any machinery or apparatus attached .5 thereto), whether or not self propelled, (a) not subject to motor vehicle nmQimtration, or maintained for use exclusively on premises owned by or rented to the Designated Member, 20 including the ways immediately adjoininQ, or designed for use phncipoHy off public roads,or(d)designed or maintained for the sole purpose of affording mobility to equipment *- of the#d|mw � fo rming m of or de�eohedbmouohvehi — power cranes, shovels, |oades, diggers and drills; concrete mixem, graders, mcrapera, n0em and other mud construction or repair equipment; air oompranmma, pumps and generators,including spreading,welding and building deaning equipment;and geophysical CL exploration and well oervidngequipment. Fk8|TCA1V1D Page Sof2U U, Mold, Spores and/or Fungus, means any mold, spores and/or fungus of any type of nature whatsoever that can cause or threaten harm to any living organism (including .2 human health or human welfare, or the health mwelfare of any animal m plant) mcan � cause or threaten physical demaQe, detahonatinn, loss of use, and/or loss of value or marketability,ho any tangible property whatsoever. This includes,but is not limited to, any typo(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 4- 0 tangible property(such as wet or dry rot,mildew and others)or that can otherwise cause or threaten to cause bodily injury,property damage,personal injury or advertising injury or any kind whatsoever. V. Occurrence, means an event or accident, including continuous or repeated exposure to substantially the same general harmful conditions,which results in a Claim for Damages X covered by this Coverage Agreement and not miminA from any fnnn of intentional ~ misconduct. It is agreed that a single Occurrence shall be deemed to arise in the event one or more alleged Claims is based on a series of similar causes or common nucleus of � operative facts: � 1 that happen over m period of time;m 4) co 2, that happen repeatedly;or � 3. that form u course nf conduct;or � 4. that involve ordinances,resolutions,policies,procedures or legislative enactments � that involve the same orsubstantially similar subject matter or 00 � 5. that involve the adoption mr enforcement,failure ho adopt m failure toenforce: z� ordinances,resolutions, policies,procedures or legislative enactments that involve the same or substantially similar subject matter;m 0. that are certified by a court of competent jurisdiction to hnmn 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. 0 � 1. False arrest,detention,imprisonment; 2. Wrongful entry or eviction,or other invasion of the right of private occupancy; 8. Publication orutterance: - u uf material that libels, slanders ur defames or disparages a person o, mgonizeUon's goods,products or services;or; � b o[material that violates anindividue|'s right ofprivacy; 20 except that publications or utterances in the course of or related hm bnmdoasUmA, n- pub|imhing, or telecasting activities conducted by or on behalf ofthe Designated ~~ Member shall not be deemed personal injurT X� Pollutants, mean any solid, Uguid, biological, gaseous mthmnna| irritant or contaminate, CL including smoke, dust, vapor, soot, fumes, acidu, alkalis, chemicals and electromagnetic radiation, liquids, gamoo, other irritants or contaminants and waste. YVemte includes materials tuba recycled,reconditioned or reclaimed. = FK0|TCA1O1O Page 7o[20 Y. Operations Hazard.- 1 Include all "bodily injury" and premises you own urrent and arising out of"your product"m"your work"except: M o products that are still in your physical possession;or 4- 0 U work that has not yet been completed or abandoned. However, "your work"will be deemed completed mk the earliest o[the following times: (1) when all of the work called for in your contract has been completed. X (2) when all of the work hmbe done mt the job site has been completed - if your contract calls for work mt more than one job site. (3) when that part of the work done mim job site has been put bmits � intended use by any person or organization other than another .M contractor or sub-contractor working on the same project. Work that may need eervioo, maintenence, correction, repair or co mp|aoamad, but which is otherwise oompleta, will be treated as � completed. z� 2� Does not include"bodily injury"or"property damage"arising out of: � m. The transportation of property, unless the injury or damage ehmao out of condition in or on a vehicle not owned or operated by you, and that 00 � condition was created by the 1oadin���o��"���x�de�s� � inou�d . � b. The existence of tools, uninstalled equipment or abandoned or unused materials;or C. Products or operations for which the demoifioubon. listed in the Declarations or in e policy schedule, states that products-completed operations are subject to the General Aggregate Limit. 0 Z. Property Damage, means (a)physical injury hmordestruction of tangible property which occurs during the policy period,including the loss u[use thereof m&any time resulting there from, or (h) |nmm of use of tangible property which has not been physically injured or destroyed provided such loss of use is caused by an Occurrence during the period of this = - Coverage Agreement.Am used herein, Property Damage excludes aC|ai h Claim,Suit alleging diminished or denied aoceao,physical taking,inverse condemnation or any federal or state-law based private property right deprivation in connection with real property. AA, Scheduled L*catimn, means a location (whether physical street address or narrative description of the location) identified within the Designated Member' Declarations (including the Real and Personal Property Schedule) at which the Trust and Designated Member have egreed, subject to all terms, onnditinna, exclusions and other provisions — form ing the Coverage Agreement, |oam cx damage to property atsuch location maybe covered within the relevant Property and Allied Coverages LimitwhmwnintheQoclmrationo, 88 SenmmN Action includes, but is not limited to, any verbal or non-verbal communication, ~L behavior or conduct with sexual connotations or purposes,whether for sexual gratifiooUon, intimidation,coercion m other purpose,and regardless of whether such action isalleged to be intentional ornegligent. 0 FK0|TCA1O18 Page Vuf20 CC, Sexual Abuse shall include, but is not limited to, the negligent cvintentional infliction of .2 physical, emotional or psychological injury or harm on any person mpersons in the care, 0 custody or control of any Member and also includes one or more of the following acts: 1 any penetration,however slight,o{the vagina m anal opening of one person bythe penis of another person,whether nr not there im the emission ofsemen. 4- 0 2. any sexual contact between the QenNob or anal opening of one person and the mouth ur tongue of another person. 3. any intrusion by one person into the genitals or anal opening o[another person, including the use of any object for this purpose,except that this doom not include X any act intended for a valid medical purpose. - 4. the intentional touching of the genitals or intimate pads. including the breasts, � genital area, Bnoin, inner thighs, and butt»dm, or the clothing covering Ubom. of .� either the individual or the perpetrator,except that this does not include: a. any act which may reasonably be construed to be unonne| caregiver CO responsibility,any interaction with,or affection for en individual;or � � b any act intended for a valid medical purpose. � 5 the intentional masturbation o[the perpetrator's genitals. � � 006. the intentional exposure of theperpetrator's gonhe|o in the presence of an � individmd, or any other sexual act intentionally ence of an � mdiwdua|, it such exposure or sexual act im for the purpose of sexual arousal or gratification,aggression,degradation,or other similar purpose. 7. the sexual exploitation of an individua|, which includes al|mwing, enuuuoaging, or forcing an individual ho� m. solicitation for or engage in prostitution;m b any play, motion pictore, photognaph, or dance or any other visual � representation exhibited before an.audience. DD. Suit, means e civil court action or proceeding in which a third party alleges liability and Damages hm which this coverage applies. "Suit"includes, 0 1 an arbitration proceeding in which such Damages are claimed and [o which the Member must submit or does submit without consent;or J� Z any other alternative dispute resolution proceeding in which such Damages are claimed and ho which the Member submits with our consent. TO EE, Your Product "- 0 1 means: a, any goods or products, other than real propxerty, manufactured, mdd. ~L handled,distributed mr disposed ofby� (1) you; 0 (2) others trading under your name;or (3) a person or organization whose business massets you have acquired;and � b. containers(other than vehidem).materials,parts or equipment furnished in � connection with such goods orproducts. 2. includes: m. warranties m representations made at any time with respect to the fitness, quality,durability,performance or use of"your pmduct;^and b� the providing ofm failure to provide warnings minstructions. - 3. does not include vending machines or other property rented tn or located for the � use o[others but not sold. M pF, Your Work: CO � 1 moanu � � a, work or operations performed by you mon your behalf;and � � b materials, parts or equipment furnished in connection with such work or � operatimns 00 � 2. includes: z� a. warranties mv representations made at any time with respect hothe fitness, ~� quality,durability,performance or use m["your work.~and b the providing ofmm failure ho provide warnings urinstructions. GG. Aircraft means an airptone, helicopter, or other machine capable of flight, including any unmanned or remotely operated variation of such machines such as"drones'or the like. 0 � HH Damages means monetary sums sought or ordered by a court to be paid as compensation for loss or injury in a civil law Claim or Suit and excludes any fines,penalties or refunds of any kind or nature and further excludes any non-monetary judgment or form of relief sought or awardable. 0 � |i Law Enforcement Activities means the activities of the employees and expressly authorized agents of the Designated Member's police department who,at all times material to any Occurrence- (1) are in the course and scope of employment for the Designated = Member's police department; (2)are Certified Law Enforcement Officers in good standing pursuant to all requirements of Florida law and rules;and(3)are not acting unlawfully,not acting in bad faith,not acting with a malicious purpose, nor acting in m manner exhibiting wanton and willful disregard for human rights,safety orproperty, *- JJ. Real and Personal Property Schedule means the portion of the Designated Members :3 Coverage Agreement which consists ofalist of all building, business personal property or CL other specifically identified property of the Designated Member which is eligible for coverage within the relevant Property and Allied Coverage Limit shown in the Declarations and,subject to all terms,conditions,exclusions and other provisions forming the Coverage ~ FK8|T CA1O1O Page 1Oof2O Agreement,includes:an identified location of the covered property(whether physical street address or narrative description of the covered property location)and description of the .2 covered property by type,name and/or other detail. 0 KK Claim means a demand alleging Member liability and seeking redress for injury, loss, Damages or other sums and includes a Suit against m Member seeking the foregoing or � �b remedies. any errmm a*. 4- 0 EXCLUSIONS This Coverage Agreement does not apply: X to any C|aim. Suit or liability arising from any adoa| or alleged breach of any express or - implied contract or from the Membmr'm assumption of liability in a contract or agnaoment, except an Incidental Contract aadmfinodherein; � � B to bodily injury or property damage arising out of the ownerahip, maintenance, upommbon. ' use,|oadingorun|oad|ngot � 1. any automobile operated byor rented or loaned to any Member co 2. any other automobile operated by any person in the course of his employment by any Member; but this exclusion does not apply to the parking ofan automobile nn z� � premises owned by rented to or controlled by the Member or the ways immediately adjoining, if such automobile is not owned bymrented or loaned to ~� any Member; � & any vehicle while being used in any pre-arranged or organized racing, speed or demolition contest nrin any stunting activity orin practice or preparation for any 00 � contest mactivity; 4� any automobile operating through use uy any autonomous technology without o licensed driver present and in position hm assume control of the vehicle, C� to bodily injury or property damage arising out of: 1 the ownership, maintenance, operation, use, loading m unloading o[ any mobile equipment while being used in any pre-arranged or organized mdng, speed or demolition contest n/in any stunting activity orin practice ur preparation for any such contest mactivity; 0 Z the operation m use of any trailer designed for use therewith"or � 1 the ownership,maintenance,operation,ov use of a water theme park. O. to bodily injury or property damage arising out of the ownership, maintenance, operation, use,loading nr unloading of � 1 any watercraft used in Low Enforcement Activities over fifty-two(52)feet in length or thirty-five(3S)feet in length for all other watercraft; 2. any passenger while in or upon,entering or alighting from any watercraft,however, this exclusion does not apply to a watercraft you do not own that is not being used TO to carry persons m property for a charge;or 3 barge mr lighter rented by the Member ha others with respect to which the Member does not furnish employees ho operate and does not have any operating control; 4. any watercraft while being used in any pre-arTanged or organized racing,speed or *- demolition contest �or any activity orin practice or preparation forany - contest mactivity, 5. any watercraft m structure being used emon artificial reef nr similar purpose; � 6. any manna operation owned,leased or operated by the Member CL E. to bodily injury or property damage arising out of the ownership, maintenencw, operation, use,loading or unloading of: 0 FM|TCA1D10 PeVe1l n[20 1 any aircraft owned or operated by or rented or loaned to any Member; 2, any�hero�xaftopen�edby any pomon�the course oy�ummp�ymmdbyany ~� 4-- Member; but this exclusion does not apply to aircraft while parked on premises 0 owned by,rented tour controlled by the Member; F hoamyQuim.Sukcx|iabUi|yehoingmdufmmauoedorunntrihutedtobyanymaintenanoe. a operation,use or control o[or responsibility for any airfield,airport,runway,hangar,building 4- 0 or other property or facility designed for,used,connected,associated or affiliated with or in anyway related to aviation or aviation activities or operations; provided that liability for services performed or premises located a8oron any airfield, airport or aviation facility not directly related toaviation activities or operations, and not covered by any other liability ' insurance,shall not he excluded from coverage by this exclusion G� eny[1okn.Sukur|iabi|kyhxinjurycausedby. conthbutedtuorandngoutm{Nheactua| or - threatened discharge,dispersal,disposal,leaching,migration,seepage,release,or escape of pollutants and/or contaminants into or upon the land, the atmosphere on any course or � body oy water,whether above m below ground. However,this exclusion does not apply ho .� bodily injury or property damage arising out of heat,smoke or fumes from a hostile fire. As used in this exclusion,a hostile fire means one which bums outside the area intended or CO which becomes uncontrollable � � H. any Claim,Suit m liability for Damages arising out of the ingestion,inhalation mvabsorption o[lead in any form including any loss,coe or ~� ' :3 1 request, demand or order that any"Nembm'or others test for,monitor, clean up, romove,contain,treat, detoxify, or neutralize, or in any way respond to, or assess °~ the effects of lead;or � � 2. Claim mSuit by or on behalf ofagovernmental authority of � testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing,orin any way responding to,cv assessing the effects o{lead. |. any Damages from the process of continued surface andlor subsurface degradation and deterioration of lead based paint that has been applied to any surface of any building whether considered commercial mresidential, J to bodily injury -y or p due to war, whether or not declared, civilcivil ` � war, � insurrection, rebellion and revolution, or to any act or condition incident to any of the foregoing; K. to any obligation for which any Member or any carrier as it's insurer may be held liable under any socialsecurity, workers' compensation, employer's liability, unemployment0 compensation or disability benefits law,or under any similar law including any claims for the correction of physical public facilities based on accessibility under the Americans with DioabQitieoAct� L. to bodily injury to any employee of the Designated Member arising out of and in the course of his or her employment by the Designated Member or to any obligation of a Member to indemnify another because of damages arising out of such injury; but this exclusion does not apply to liability assumed by the Designated Member under an Incidental Contract. *- This exclusion shall include any liability incurred by a Member aa e re ember e||aQed — wrongful Employment Practices Liability; M. �pmp�y�mage���e���edmm��ad by,�u�d.���o �^aMamb� � N. to property damage to premises alienated by the Member arising out of such premises or � any part thereof; FK8|T CA1O10 Page 12of2O 0. to loss of use of tangible property which has not been physically injured mdestroyed .2 4-- resulting from a delay in |odk of performance by or on behalf of the Member of any 0 contract oragreement; P. to property damage hmthe Members products arising out of such products or any part of such products: to property damage towork performed by or on behalf of the Member 4- 0 arising out of the work or any portion thereof, or out of matohe|a, parts or equipment furnished in connection Uoenmvdh" and badamages claimed for the withdrawal, inopmchom, repair, replacement, or loss of use of the Member's products or work completed by or for the Member or of any property of which such products or work form a part,if such products, ' work or property are withdrawn from the market or from use because of any known or suspected defect or deficiency therein; x Q. tu any liability from the Member`o completed operations arising out of: 1 loss of sales, customers or profits suffered by a person or entity affected by the � actions of the Member or its agents including any damages sustained by such � person or entities by virtue ofo business interruption;or ' 2 |osm��u0n�h�mtha�u�noypnopedywhioh�ithet�meo[|osaimn���n�t ��| � pad m[m building m structure including direct loss by pillage and looting omcuninQ CO during and at the immediate place o[a riot mr civil commotion; � � R. ho any liability arising in whole,orin part out of: 1 any act or omission of a Member committed while acting outside the course and ~� � scope of his employment,or committed in bad faith with malicious purpose,orina manner exhibiting wanton and willful disregard o[human rights,safety orproperty: 2 �nyK�emberob�inin�namune��onmUn�n�dgaintowhich0h�K8embmrwmnnot � legally entitled; z� 3. the willful violation of any federal, state or local |ow, ordinance or regulation � committed byor with the knowledge or consent of any Member;or 4� violation of public bumt� S, h»any Claim,Suit ur liability arising out oforin any way connected with a physical taking of property or any diminution of mmoeso to pmpeMy, hy whatever means or whatever name ua||ed. the operation of the phmdpob of eminent domain, oondemnodon, prooeedinga, inverse condemnation or takings �mw, whether permanent or temporary, including but not 0 limited to, Claims ahsingout o[federal, state or local land use, environmental,air, ground or water pol|udon, or hem|Qh, ue#aty and welfare |mwa, ordinances or regulations, Claim CD arising from Chapter 7O. Florida Statutes,known as the Bert J. Harris, Jr, Private Property Rights Protection Act, as may be amended from time to time, or Claim arising from activities by or on behalf of a Member which result in permanent or temporary loss of use or 0 value of private property,whether such liability accrues directly against the Member, or by virtue of any agreement entered into byorun behalf nf the Member; T. 0o any liability for injury, sickness, disease, death or destruction due hm the rendering ofor .5 failure to render any professional service by any doctor,surgeon,dentist,nurse,physician's amaiderd, paramedic, emergency medical technician or other medical professional of Designated Member-, U� to any liability arising out of or in connection with or caused or contributed to by any failure - or inability to supply,in whole or in part, any adequate quantity or quality of power,steam, pressure, water or fuel, Fuel includes, but is not limited to natural yom, heating oil and :3 ppropane; CL V. to any liability arising out of or caused or contributed to by or connected with any actual or alleged violation of the Employee Retirement Income Security Act of 1S74(Public Law 93- ~ FM|TCA1O1U Page 13of2O 406) or any amendment thereto or any similar provision of any local. ����d�m �� statutory � . 4-- W to any liability as a result of flood or any liability as e result of water overflow dammge, including floodng, caused or contributed to by any hai|une, breakage, inedeqmocy, maintenance of and/or design of any natural or man-made abuutme, including but not limited to: any dam, dyke, levee, reservoir, water hmmimr. ditches, uanWo. gate, aqueduct, 4- 0 water shed,channel orculvert; X. to any liability for fines, punitive or exemplary damages; or any non'nomponaatory damages or penalties imposed pursuant to any federal or state anti4rust, civil rights, anti- ' discrimination,or racketeer influence and corrupt organization(R|CO)|aws� Y� ho any Damages imposed by special act m[the Legis|edune� ~ Z to any"bodily injury"m'property dmmaQe~: � � with respect towhich a "Member" under the policy is also an insured under nuclear ' energy liability policy issued by Nuclear Energy Liability Insurance Amomjehnn. Mutual 4) Atomic Energy Liability Und*nvhhoro. Nuclear Insurance Association of Canada many of CO their successors,or would be an insured under any such policy but for its termination upon exhaustion of its limit o[liability;ov z� � 1 resulting from the "hazardous properties"of"nuclear material"and with respect to ~� which (a) any person or organization is required to maintain financial protection � pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof,or(b) the"Nemba�io or entitled �� ' ' ' z� from the United States of America, or any agency thereof, under any egnymmmd z� entered into by the United States of Amedca, or any agency thereof, with any person ororganization. ~� o under any Medical Payments coverage,b/expenses incurred with respect to "bodily injury" resulting from the 'hazardous properties" of "nuclear material" and arising out of the operation of m "nuclear facility' by any person mrorganization. b under any Liability Coverage, to 'bodily injury" or "property damage" resulting from"hazardous properties"of"nuclear material"if: (1) the "nuclear material" (a) is at any "nuclear facility'owned by, or operated by or on behalf of, o "Member' or (b) has been 0 discharged or dispersed Uherefmm� - (2) the"nuclear material"im contained in"spent fuel"or^wasta"atany time possessed,handled,used,processed,stored,transported or disposed or,byorcmbehalf of a^Member";or — (3) the"bodily injury"or"property damage"arises out of the furnishing by a "Member" of m*mican, mateha|m, parts or equipment in 4-- 0 connection with the pkamning, canahoction, maintenanom, operation or use of any "nuclear facility," but if such facility is located within the United States of Anmioe, its territories or possessions or Canada,this exclusion(3)applies only to"property CL damage"hm such"nuclear facility"and any property thereat. 2 om used in this endorsemamt�� 0 (� FN|TC81O18 Page 14o[2V "Hazardous .2 0 "Nuclear material" mmmm "source material', "special mucteom matehcl" or 'by- product material". M � "Source me material', "special nuclear mabahal^. amd1y-pnnduu* material" havm the 4- 0 meanings given them in the Atomic Energy Act of1954orin any law amendatory thereof. "Spent fuel"means any fuel element or fuel component, solid or liquid, which has ' been used m exposed ho radiation|ne"nuclear reoctor. "Waste"means any waste material(a)containing'by-product material"other than - the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its "source material"content, and (b) � resulting from the operation by any person or organization of any"nuclear facility" M included under the first two paragraphs of the definition of"nuclear facility". ' "Nuclear facility"means: � m any"nuclear neuctof� z� ' z� b any equipment or device designed or used for(1)separating the isotopes ~� of uranium or plutonium, (2) processing or utilizing "spent hme~. or (3) � handling,processing or packaging"wmehe'; 00 C. any equipment or device used for the processing,hobhuo0ng or alloying of z� "special nuclear mat*ne|°iYat any time the total amount oYsuch material m the custody of the "Member" at the premises where such equipment or ~� device is located consists ofnrcontains more than 35 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235;m d any structure, bamin, exoexmbon' premises nr place prepared orused for the storage m disposal of~waste`% 0 � and includes the site on which any mf the foregoing ia located, all CD operations conducted onsunh site and all premises used for such operations. "Nuclearreactor means any apparatus designed or used to sustain - nuclear fission in o self-supporting chain nmodom or to contain a ohdma| mass of fissionable material. 20 "Property damage" includes all forms of radioactive contamination of _J property- 20 AA, to personal injury arising out of any publication or utterance described in sub-paragraph W. 4-- 0 D. /f the definition of Personal Injury contained in the Definitions section of this Coverage Agreement(o)if the hm*injurious publication or utterance of the same or similar material by or on behalf of the Designated Member was made prior hothe effective date of this coverage,- or (b) concerning any organization or business enterprise, or its products or �du� services,made by or at the direction of any Member with knowledge of the falsity thereof; BB to any liability anuing out of Errorsand Omissions as defined herein; 0 FKA|TCA1D18 Page 15of2O CC. to bodily injury m property damage for which the Designated Member mhis indemnitee may bo held liable: 0 1 as an entity or organization engaged in manuhaWmhng, distribuUnQ, selling, furnishing or serving alcoholic beveraQen�or 2, i[not so engaged,aaan owner m lessor of premises used for such purposes, � if such liability imimposed 4- 0 a by, or because of the violation of, any statute, ordinance or regulation pertaining to the sale,gift,distribution oruse of any alcoholic beverages;or h� by reason of the mel|ing, aewing, h/nmiohinQ 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 bewmmges, to m person under the influence of alcohol or which causes or contributes to the intoxication of X any person. � 3. 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 liabiiity resulting from the providing or serving of ' alcoholic beverages without charge tothe public at functions incidental to a Designated � Membmr'a business or activity otherwise covered under the Coverage Agreement or any CO endorsement thereto; � � � DD� any Claim or Suit seeking relief or redress in any form other than money Damages and any costs, fees, expenses ur attorneys'fees relating tosuch Claims or Suits, including those ~� with allegations. � 1 aaek�gi�um�una declaratory �� � ' z� certiorari,mandamus,quo varrantom other relief am the only claim orremedy � pursued ma Suit and no other covered Claims for Damages: 2, seeking ho enforce ur invalidate Incidental Contracts,|ntadoumAgreements or any other mgre*ment(m)between the Member and others; 3. seeking hm enforce,invalidate or appeal any permit decision rendered on the basis of zoning,land development and/or building code regulations mn the only claim or remedy pursued inoSuit and no other covered Claims for Damages; 4� based on violations of fedeme|, state or local procurement or bidding law requirements or based om election results,disputes mchal|enge4 0 � EL to any liability arising out of any actual or alleged sexual anUon, sexual abuse or communicable disease. However, this exclusion does not apply and coverage is afforded under this Coverage - Agreement to bodily injury or personal injury liability which may accrue against the Designated Member om defined within the Definition section; FF to any liability for injury,loss orDamages sustained by any person wr entities arising from or in anyway involving asbestos or other products containing asbestos or to asbestosis or TO any other disease including mewotbeliomm and cancer related to asbestos axpnmumm nor any liability for costs or expenses incurred in removing deoning up m nullifying such 4-- asbestos � aabaob�pn�u�; It is understood and agreed that the intent and effect of this exclusion is to delete from all coverages afforded by this Coverage Agreement any loss, oma, or expense arising out of CL any governmental dinscUon, order or request that the Member test for, mmnitox, cleanup, remove,contain,treat,detoxify or neutralize asbestos or asbestos products. FK8|T C«1018 Page 18of2V GG. to any liability arising out of errors and omissions as defined herein m other negligent m wrongful act committed in the administration of any Employee Benefit Program as defined .2 � herein,for present m former employees of the Designated Member; 0 HH to any liability arising out ofcxcaused by or contributed to or connected with alleged violation o[the following � � 1 Federal Fair Labor Standards Act. 2. Chapter 447'Florida Statutes. 3. Drivers Privacy Protection Act of18B4 4. National Labor Relations Act. ' S. Worker Adjustment and Retraining Notification Act. 0. Consolidated Omnibus Budget Reconciliation Act«[1GQ5. X 7. Occupational Safety and Health Act. - & Federal Employers Liability Act 9� Longshoreman's and Harbor VVnrkem'Act � 10. Employee Polygraph Protection Act � 11 Defense Base Act ' 12 Outer Continental Shelf Lands Act � co || any Claim requesting return or reimbursement of o special amnaaenet, tam. service charge, fine or or any other payment m overpayment Designated Member or ^� z� Member; � JJ. to any claim for attorneys'fees or costs for any Claim or Suit not covered by this Coverage � � AQnoamenL 00 HK, to any Damages which accrued m occurred prior to the effective date of this Coverage � Agreement notwithstanding the date oYthe Occurrence; LL advertising injury arising out of: 1 Failure of performance of uontract, but this exclusion does not apply to the unauthorized appropriation of ideas upon alleged breach of implied contract,uv 2. Infringement of hrademadk, oemimm murk, or trade name, other than ddee or slogans, by use thereof or in connection with goodo, products or services mJd' offered for sale,m advertised,or 0 � 3. Incorrect description or mistake in advertising price ufgoods, products or services sold,offered for sale oradvertised, Also,with respect tn advertising injury� 1. to any Member inthe business of advertising,broadcasting,m telecasting,m 0 2. to any injury arising out of any act committed by the Member with actual malice. - MM, to any Bodily Injury Liability, Property Damage Liability, Personal Injury Liability, Advertising Injury Liability, Products Liability and Completed Operations Hazard ohmiog directly or indirectly out of: 1 any actual or alleged hai|me, malfunction or inadequacy due Uuthe inability to correctly recognize, pnncemm, dindnQuiah, interpret or accept the year 2000 and beyond by, 4-- 0 a, any of the hd|owing, whether belonging to any insured or to others: (a) Computer application aoOwona; (b) Computer networks; (o) Microprocessors (computer chips) not part nf any computer system- (d) Computer operating systems and related ooftmom� (a) Computer CL hordwam, including microprocessors; or VV Any other computerized or electronic equipment ur components;or Fk8|T CA1O18 Page 17o[2O b any other products, and any semices, data cv functions that directly or indirectly use or rely upon, � any m�nn�r, any ��Nbe �nn� ka�d � �a .2 , preceding paragraph. 0 2. any mdvioe, umnmultaUon, dmmi0n, evaluation, inspection, (nsta||ation, meintenance, repair, replacement or supervision provided or done by you or for you to determine,rectify or test for, any potential or actual problems described in paragraph a.above. 4- 0 NN. to any Bodily Injury Liability,Property Damage Liability,Personal Injury Liability,Advertising Injury Liability, for which any Designated Member or Member under this Coverage Agreement may be held liable arising out of the actual or threatened occurrence,growth, ' release,transmission, miyuation, dispersal m exposure bo any micro-or animmo, biological organisms, bioaerosols or organic containments, including but not limited to mold, spores X and/or fungus; - 1 resulting from any actual or threatened exposure to, inhalatimn, absorption or ingestion of,nr physical contact with mold,spores and/or h/nQua- � 2. resulting from any edoa| or threatened mold, sporem,and/or fungus upon any real � property or personal pmpedy, product m/work, pmmimeu, site or|ocation, or any ' other tangible property, or any Designated Member or Member or any other � penoon(s)ormDanizaUmn(s),located anywhere in the world; CO 3� resulting from any |ouo, cost or expense for any testing, monitoring, clean-up, treatment or removal,or neutralization of mold,spores and/or fungus; z� � � 00 A. to "any injury or Damages" ahsing, directly or indirect|y, out of a "certified act of ~� terrorism"man "other act of tennhmm^ However,with respect bsn"other act of � � tonnhmn^. this exclusion applies only when one or more of the following are attributed ho such oct� �0 � z� i the total of insured damage to all types of property exceeds$26.000.000. � In determining whether the *25.000.000 threshold is exceeded, we will ~� include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption |msnos sustained by owners or occupants of the damaged property. For the purpose of this provision,insured damage means damage that iecovered by any insurance plus damage that would be covered by any insurance but for the application uf any terrorism exclusions;mr 0 � 2 fifty or more persons sustain death or serious physical injury, For the purposes of this provision,serious physical injury means: m. physical injury that involves a substantial risk ofdeath;or = h. protracted and obvious physical disfigurement;mr - C. protracted loss ofm impairment of the function ofa bodily member m organ;nr 20 3. the terrorism involves the use, release or escape of nuclear materials, or directly or indirectly results in nuclear reaction or radiation or radioactive 20 contamination;or � 4, the terrorism is carried out by means of the dispersal or application of — pathogenic m poisonous biological nr chemical materials;m S pathogenic m poisonous biological or chemical materials are released,and ~L it appears that one purpose of the terrorism was hn release such materials, With respect to this exclusion, Paragraphs 1 and 2, describe the thresholds used 0 FK8|TCA1O1D Page 1Onf20 to measure the magnitude ofon incident ofan "other act of terrorism" and the circumstances in which the threshold will apply for the purpose of determining .2 � whether this exclusion will apply to that incident. 0 B the following definitions are edde& 1 for the purposes uf this endorsement, "any injury m damage"means any 4- 0 injury or damage covered under any Coverage Part to which this endorsement im applicable,and includes but�s not limited to'bodily injury", ~property damage", "p*mmns| and advertising injury'," injury' or .'environmental damage" as may be defined in any applicable Coverage ' Part. 2. 'Certified act of terrorism" �mnanaan� thatiacertifiedbytheDecraary of - the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism pursuant to the � federal Terrorism Risk Insurance Program Reauthorization Ad of 2015 M (TR|PRA 2015) TR|PRA 2015 a*ds forth the following criteria for e ' �ertified act o[tenrohmm~� � � co u, The act resulted in aggregate losses in excess ofQ5 million;and h Themutima����actmamao�tb�disdo�gemusbmhumum |§a. ^� � � property or infra-structure and is committed by an individual or � individuals acting on behalf of any foreign person or foreign ~� interest,as part cdan effort Ko coerce the civilian population ofthe � United States mrto influence the policy or affect the conduct mfthe Un�edGt�msGovmmmnr�hyxo�uk� �� � 3, "Other act oYiemmnsm°means u violent act oren act that|n dangerous$o human life, property minfrastructure that im committed byanindividual or individuals and that appears tobo part oymm effort to coerce a civilian population or to influence the policy or affect the conduct of any government by moercion, and the act is not certified as a terrorist act pursuant toTR|PR42O15. Multiple incidents o[an"other act nfterrorism" which occur within a seventy-two(72)hour period and appear bmbecarried out in concert orho have a related purpose or common leadership shall be 0 � considered hmbe one incident. CD C. In the event of any incident of a 'certified act of terrorism" or an "other act of terrorism"that is not subject to this exclusion,coverage does not apply to any loss or damage that is otherwise excluded under this Coverage Part. 0 PP� to any liability arising from or otherwise related to the Designated Mmnbm/m Law Enforcement Activities. 00. to any alleged violation of public records laws or public meetings laws contained in Chapter 11B. Florida Statutes orChapter286. Hohda Statutes,respectively,ea both may TO ba amended from time totime. RR, to any Claim,Suit or liability arising from the operation or failure of operation of any - computer,computer system or other electronic data processing system or network of the Designated Member,or arising from the handling,mishandling or misuse of data stored or contained in any such device,ayst o amornebwk^oreh fr om CL any data or computer systems that have been compromised,corrupted, seized or adversely affected without proper Member authorization(i.e.,subject to"cyber-attack"or ^hsmking^)bye third party,Member,a program,m computer virus mrasoftware ~ WIT CA101V Page 10o[2O application;any threatened oyber+attaok;any harm attributed tointemet-bmmedservices, activities m facilities provided by the Designated Member;any data or data privacy .2 breach in violation of any law,rule m internal policy;any unauthorized or unlawful access 0 of Designated k8mnbe/o computers mv computer-networks byu third party uxby personnel;any unauthorized or unlawful release,disclosure or exposure of personal, private or confidential data by a third party or Member;or any misappropriation or misuse � of a Designated Member's computer system or data by a third party or by the Member. 4- 0 The Trust will pay for bodily injury or property damage caused directly by contact with herbicides or ' pesticides sprayed by the Member into the air. This coverage extension does not apply to bodily injuryorproperty damage as described in ' Exclusion of the Coverage Agreement, The limit of liability under this coverage extension is the amount of liability described in the � General/Professional liability section of the Declaration Page mr $1.O&U,OOO aggregate per fund ' yeor,whichever su�arkto any deduchb}e/seUinsured n�enbondesuibedmn � . .the Declarations Page. co OTHER INSURANCE � � The coverage afforded by this Coverage Agreement is phmmry, except when stated to apply in excess of, om contingent upon the absence of,other insurance. When this coverage iu primary and ~� the Member has other insurance which is stated to be applicable to a covered Claim or Suit on an � excess or contingent basis,the amount of the Trust's liability under this Coverage Agreement shall not be reduced by the emst ot her 00 � z� if any other insurance |s valid and collectible against a nmvmed Claim or Suit and provides for contribution by equal shares, the Trust shall not be liable for a greater proportion of such covered loss than would be payable ifeach party contributes an equal share until the share of each party equals the lowest applicable limit of liability under any one policy or coverage agreement or the full amount of the loss is paid,and with respect to any amount of loss not so paid the remaining parties then continue to contribute equal shares of the remaining amount of the loss until each such party has paid its limit m full mr the full amount of the loss ispaid. If any such other insurance does not provide for contribution by equal shares,the Trust shall not be ~ liable for o greater proportion of such covered bus than the applicable limit of liability under this Coverage Agreement for such loss bears to the total applicable limit of any other insurance which is valid and collectible against such loss. 20 CL FM|TCA1018 Page 2Onf2O U) 'a FLORIDA MUNICIPAL INSURANCE TRUST r_ 0 GENERAUPROFESSIONAL LIABILITY COVERAGE AGREEMENT M DECLARATIONS 7z .2 4-- 0 1. DESIGNATED MEMBER Agreement No.:WIT#0386 .2 Monroe County Board of County Commissioners 4- 11. GOVERNMENT DESCRIPTION 0 County r_ .2 Ill. COVERAGE PERIOD S From October 1,2018 to October 1,2019 12:01 A.M. Standard Time at the address of the Designated E M Member. X Premium Deductible/ Net 4) M Basis Type Limit Premium :3 IV. General/Professional Liability $200,OOOSIR $5,000,000 $137,561 Payroll; 50,948,603 1. General Liability C0 a. Broad Form Property Damage $200,000SIR Per Form Included b. Extra Contractual Legal Expense N/A $25,000 Included c. Fire Legal Liability $200,OOOSIR $500,000 Included Q d. Medical Attendants'/Medical $200,000SIR $5,000,000 Included Directors'Malpractice Liability 2. Errors and Omissions Liability $200,OOOSIR $5,000,000 Included 00 a. Employment Practices Liability $200,OOOSIR $5,000,000 Included b. Employee Benefits Program $200,000SIR $5,000,000 Included Administration Liability .2 V. Information Security&Privacy Liability General Liability $1,000,000 per claim per-occurrence $1,000,000 deductible stated Agreement Aggregate in IV.above or Limit of Liability E :3 $35,000 per All Policies Shared 0 claim,whichever Aggregate Limit 0 is less $5,000,000 (Applicable to all (Applicable to all coverage below, coverage below, exceptas except as otherwise > otherwise 0 specified below or in L) specified in Policy Form) >1 Policy Form) .2 4-- 0 .2 CL 0 FMIT GL DEC 1018 Page 1 of 4 1 Packet Pg. 2852 THESE ARE CLAIMS MADE AND REPORTED COVERAGES = Insuring Agreament|./\ Included Included -2 A. Information Security&Phvao Liability 0 Retroactive Date: 101/2018 Insuring Agreement| B�B. Included Included 4- 0 B. Privacy Notification Costs Retroactive Date: 101/2018 Insuring Agreement|.C. Included Included E C� Regulatory Defense and Penalties X Retroactive Date: 10/1/2018 4) Insuring Agreement|.D. Included Included � D. VVeboits Media Content Liability ' Retroactive Date: 10/1/2018 4) co Insuring Agreement| E "~ � � E. PQ Fines and Costs � Retroactive Date: 10/1/2O1D � Insuring Agreement iF. Included Included 00 F� Cyber Extortion � � Retroactive Date: 101/2O1O Insuring Agreement|.S. Included Included G. First Party Data Protection Retroactive Date: 101/2018 Insuring Agreement|8 Included Included V. First Party Network Business Interruption Retroactive Date: 101/2010 First Party Network Business Interruption 8ub|imitmofLiability Loss included in (1)Hourly oub|imh above AggregateJ� � (2)Fuenoic Exponmaoub|imit (3)Uopendent Business Interruption Loss included in above Aggregate oub|imit Loss included in 0 above Aggregate .2 CL FN[T6L DEC 1U1O Page 2of4 U) Insuring Agreement 1.1. Included Included 0 M I. Electronic Crime Endorsement Retroactive Date: 10/1/2018 (1) $100,000 aggregate included in the 0 above aggregate .2 Insuring Agreement I.J. Included Included I. Fraudulent Instruction Coverage 0 r_ Retroactive Date: 10/1/2018 (1) $100,000 0 aggregate M included in the S above aggregate E M x VI. This agreement includes these endorsements and schedules: See Schedule A VII. ESTIMATED ANNUAL PREMIUM Florida Municipal Insurance Trust(FMIT) co Normal Premium $137,561 Florida League of Cities Sponsored Insurance Programs Since 1977 00 THIS DECLARATIONS AND THE SUPPLEMENTAL DECLARATIONS,TOGETHER WITH THE COMMON CONDITIONS,COVERAGE FORM(S)AND ENDORSEMENTS COMPLETE THE ABOVE NUMBERED AGREEMENT. 0 E 0 Mv .2 4-- 0 .2 CL FMIT GL DEC 1018 Page 3 of 4 1 Packet Pg. 2854 FMIT GENERAUPROFESSIONAL LIABILITY COVERAGES October 1.2018'October 1.201V Schedule Coverage Forms List ~ FMK#038G Schedule A Form# Description General Liability Common � WIT COND1010 Conditions ofCoverage WIT CA1O1O Coverage Agreement . WIT COE1O14 Constitutional Officer Endorsement General Liability � WIT BFPD1O18 Broad Form Property Damage Endorsement WIT ECLE1O18 Extra Contractual Legal Expense Endorsement � WIT FLL1012 Fire Legal Liability Endorsement ' FM|TK8A1018 Medical Attendants'/Medical Directors'Malpractice Liability Endorsement C0 ~ WIT E01O1V Errors and Omissions Liability Endorsement rW1|T!C BHA 1O1O Inverse Condemnation and Bert J Harrishv�oPmpe��Righ� z� J. Jr.� z� Protection Act WIT 8E SIR GL1O1U Specific Excess Endorsement SIR General- - � WIT PNLE1O1D Privacy/Network Security Liability Endorsement FM|TPNL1018 Privacy/Network Security Liability 00 � FM|TPNLX1O10 First Party Computer Security Coverage z� FM|TPNLECE 1018 Electronic Crime Endorsement ~� WIT PNLHC1O18 Fraudulent Instruction Endorsement FM|T CIE 1011 Crisis Intervention Expense Endorsement WIT G8U1O10 Sewedine Backup and Initial Cleanup Expense GL MANUSCRIPT 1UO8 ADOL|NQDEND1 10-06 CL HN|TGL DEC 1n18 Page*o*4 THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ|TCAREFULLY PUBLI#OFF|#IALS ERRORS AND OMISSIONS AND EMPLOYMENT PRACTICES HABITIY 0 ENDORSEMENT It is agreed the Designated ko bm'a coverage provided b Cove m�eAgreemantha which 4- 0 this endorsement is attached is amended by the following additional terms and conditions. Unless otherwise specified hemin, all terms used in this endorsement shall have the meaning set forth in the Coverage Agreement. |n the event o[a conflict between any of the terms or conditions o[the Coverage Agreement and this endorsement,this endorsement will control how coverage shall be ' applied.All references to'you"or"your(s),"shall mean the Designated Member,and all references hm the~Tmot.^Ve.~m^our"shall refer to the Florida Municipal Insurance Trust. X This endorsement issued by the Trust extends and modifies the provisions of the Agreement relating b coverage for Public Officials Errors and Omissions liability and Employment � Practices Liability and it is agreed that as of the effective date hereof, the Coverage Agreement is � amended in the following particulars: ' co L COVERAGE � � The COVERAGE Section of the Coverage Agreement is amended to provide the Trust will pay all sums which a Member becomes legally obligated to pay as Damages because of: ~� � Errors and Omissions Employment Practices Liability or 00 � Civil Rights Liability z� � C|aimsifcousmdbyanOocunemmawhichhmkeep|mueduhngthecmverageperiodo[Nhis ~� Coverage Agreement, For purposes of this endorsement, Employment PnaoUoem Liability coverage includes defense and settlement of Claims arising before the State of Florida Commission on Human Relations or the Federal Equal Employment Opportunity Commission. Further,this endorsement shall be the sole source of Employment P ctices Liability coverageowed by 0 the Trust in the event any Claim, Suit or Occurrence includes allegations that trigger simultaneous cm^sogm under this endorsement and any other Coverage Agreement provision, the parties' intent being to avoid coverage that duplicates or exceeds the coverage provided herein. U. DEFINITIONS The DEFINITIONS Section of the Coverage Agreement io amended to include the following � additional definitions which shall apply exclusively bm this endorsement. — A Member,for purposes of coverage under this endorsement shall not include any of the following imdividuu|a, boerds, commissions, authorities, mnUm or n� � dep�����mgen��m[ 1. Schools :3 2. Airports CL 3. Hospitals FM|TEO1O1D Page 1of0 B. Official Capacity means the capacity ofe Member while lawfully acting for mon behalf of the Designated Member, or while lawfully acting in aid of the duties or .2 4-- functions which come within the scope of the Membe/s employment by the 0 Designated Member. C. Civil Rights Liability means e Claim m Suit seeking Damages for alleged violation of individual civil rights pursuant hu one cr more o[the following federal statutes: United States Code,Title 42,Section 1982 United States Code,Title 42,Sundon18D0 United States Code,Title 42,Section 18OS ' United States Code,Title 42,Section 1Q88 United States Code,Title 42,Section 12112(ADA) X United States Code,Title 29,Section 2MU1.et.seq.(Fk4LA) - Civil Rights Act of1OQ1 DL EXCLUSIONS ' The EXCLUSIONS Section of the Coverage Agreement is amended as hd!swu for this co endorsement: � � K Exclusion Lof the Coverage Agreement im amended toread: � L� to bodily injury bmany employee of the Designated Member arising out of � and in the course of employment by the Designated Member or to any obligation m[a Member to indemnify another because of damages arising 00 � out u[such injury;but this exclusion does not apply to liability assumed by z� the Designated Member under an incidental Contract. � B. Exclusion BBof the Coverage Agreement isdeleted, C. The following additional exclusions are�ncluded for purposes of this endorsement: This endorsement does not cover any Qmim. Suit or liability arising out ofthe following-, 0 1 based upon nr attributable bz any Member gaining any profit or advantage to which such Member was not legally entitled,including any remuneration paid in violation of law sm determined by the ooudm'� 0 (� 2. brought about or contributed to by any alleged ohminal, fraudulent, malicious or dishonest acts by any Member. Hmwevmm, notwithstanding the foregoing, a Member shall be entitled to coverage for the costs of legal defense only under the terms of this 20 Agreement if: any Suit msmeMm Errors and Omissions, Employment P000Ucmm Liability or Civil Rights Liability Claims covered by this *- endorsement; Claims such �kno allegefraudulent, malicious or dishonest acts - on the part of such Member; and a final judgment or other final adjudication rendered in such Suit holds that deliberate criminal, :3 fraudulent, malicious mum or dishonest by such Member were material to CL the Claims asserted in the Suit. FM|TE0101V Page 2nfO & any(a)liability arising out of estimates of probable costs or cost estimates b�g �c��d. h�Uypmp��on � �d �a��bmmorpbmm. m �) � injury to, destruction or disappearance of,any tangible property(including 0 money)cx the loss nf use thereof; 4, any Claim or Suit seeking relief mredress in any form other than money Damages and any costs,fees, expenses credumnya'haem relating hmsuch 4- 0 claims; 5 any obligation for which uMember becomes obligated to pay future wages as a result of any alleged wrongful Employment Practices Liability or ' Employee Benefit Program liability. O, any Bodily Injury Liability, Property Damage Liability, Personal Injury - Liability, Advertising Injury Liability, Products Liability and Completed Operations Hazard arising directly or indirectly out of: � a any actual mr alleged failure,malfunction m inadequacy due tothe .� inability to correctly nacognize, pnzceeo. distinguish, interpret or 0000� �the �(1) any of the following,whether belonging ho any Member or co to others: (a) Computer application software; (b) Computer netwmrkm�(c)Microprocessors(computer chips) ~- not part cd any computer system;(d)Computer operating systems and nefmted aoftware� (n) Computer hardware, ~� including mimnopnuemoms� orU8 Any�bercump�ehzed � or electronic nonaq�pmen&urcumponmntm;ur (2) any other products, services, data or functions Uh�g �� ' ' z� directly or indirectly use or rely upon,in any manner, any � oY the items listed m the preceding paragraph. U. any advice,consultation,design,evaluation,inspection, installation,maintenance,repair,replacement arsupervision provided m done by you or for you hm determine,rectify or test for, any potential meotuaLpnobmno described m paragraph a.above. 7, any liability for fimmm, punitive or exemplary demegem� o/ any non- uompenuatory damages or penalties imposed pursuant to any federal or 0 � abate amN-tros&, civil rights, enU-dimmiminsUon, nr racketeer influence and corrupt organization(R|CO)laws; 8. any Claim requesting return or reimbursement ofaspecial oamemanment. tax,service charge,fine or fee or any other payment m overpayment hothe 0 Designated Member orMember; -~ 9� any Employee Benefit Program fiduciary liability, Employee Benefit Program Administration Errors and Omiusimnm, or any failure toproperly procure any insurance coverage,type mxamount. CL FK8|TEO1O18 Page 3of6 • 0.6.d OLD REPUBLIC SURETY COMPANY (800) 217-1792 PUBLIC OFFICIAL BOND Bond Number W150278329 KNOW ALL PERSONS BY THESE PRESENTS: U) That we. Kevin Madok 0 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 0 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 2017 X WHEREAS, the above-named Principal has been duly appointed or elected Clerk of the Court& Comptroller of the 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 co NOW, THEREFORE, the condition of the foregoing obligation is such, that if the above bounded Principal cm shall faithfully perform such duties as may be imposed on him by law and shall honestly account for all cm money that may come into his hands in his official capacity during the said term, then his obligation shall cam; 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. a 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: � By: / I " �� %�� " Kevin Madok Principal 2 0 Old Republic Surety Company �? Surety Witness: GYw�ox,Zf� P By: s o Attorney-in-factl; „ a to ORSC 46111(08/2015) Page 1 of 1 Packet Pg. 2859 * OLD 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 U) 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 Z 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 0 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 x, 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 a® 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 co 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 suet"", OLD REPUBLIC SURETY COMPANY Wi'o.w.,.,.,o = SEAL O Yer t c AL 1�4- Assistant Secretary * President STATE OF WISCONSIN,COUNTY OF WAUKESHA-SS On this 31 st day of January 2017 personally came before me, Alan Pavlic TO 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 2 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. :?pSAgj,i O ,'e�BL t — Notary Public My Commission Expires: 09/28/2018 4) 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...... °tea 0 s 4. SEAL Signed and sealed at the City of Brookfield,WI this 31 st day of January 2017 ORSC 22262(3-06) n*rrrrw"o° 8� Assistant Secretary SECURITY BOND ASSOCIATES, INC. Packet Pg. 2860 0.6.e F LO FI :�� ?� 1, SHERIFFS PJSK MANAGEMENT FUND E!,t4,�1,1151 c(l 1978 Prowting Those W-ho Protect Us U) w PUBLIC OFFICIALS LIABILITY COVERAGE DECLARATIONS Certificate Number: 19-FSRMF-44 COVERED MEMBER: Monroe County Sheriffs Office PRINCIPAL ADDRESS: 525 College Road, Key West,FL 33040 ANNUAL AGREEMENT PERIOD: October 01,2018 EXPIRATION DATE: October 01, 2019 POL REINSURANCE RETROACTIVE DATES: October 01,1992 DEDUCTIBLE: None O to THIS DECLARATIONS PAGE IS ISSUED TO THE COVERED MEMBER NAMED ABOVE,TO IDENTIFY THE ANNUAL AGREEMENT PERIOD AS WELLAS THE LIMITS OF COVERAGE AFFORDED.ALL TERMS,LIMITS,DEFINITIONS,REGULATIONS,CONDITIONS,EXCLUSIONS,AND LIMITATIONS OF THE APPLICABLE SELF INSURANCE COVERAGE AGREEMENT WHICH ACTUALLYAFFORDS 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 EXTENT THAT EXCESS LIMITS ARE COLLECTABLE FROM REINSURERS COVERING THIS E AGREEMENT.IN CONSIDERATION OF THE PAYMENT OF THE CONTRIBUTION AND IN RELIANCE UPON THE STATEMENT IN THE DECLARATIONS AND g' THE APPLICATION FOR COVERAGE HEREUNDER AND SUBJECT TO THE INSURANCE AGREEMENTS,DEFINITIONS,EXCLUSIONS,AND CONDITIONS OF THIS SELF INSURANCE COVERAGE AGREEMENT,THE LIMITS OF LIABILITY AFFORDED FOR THE ANNUAL AGREEMENT PERIOD ARE AS FOLLOWS: Public Officials Liability $5,000,000 Per Occurrence $10,000,000 Annual Aggregate Subtotal $84,710.80 Multi-Pro ram Discount ( 1.32) TOTAL ANNUAL CONTRIBUTION $82AI69.48 C) SIGNED: TO°2 2090 Summit Lake Drive, Tallahassee, FL 32317 Telephone: (850) 320-6880 Facsimile: (850) 320-6939 0 CL U) Packet Pg. 2861 0.6.e F L0 RI SHERIFFS RISK MANAGEMENT FUND .a� td,fi5hed I97 Protecting Those W7w Protect Us s E co r w LAW ENFORCEMENT LIABILITY COVERAGE DECLARATIONS cm Certificate Number: 19-FSRMF-44 a COVERED MEMBER: Monroe County Sheriffs Office x PRINCIPAL ADDRESS: 5525 College Road, Key West, FL 33040 ANNUAL AGREEMENT PERIOD: October 01,2018 EXPIRATION DATE: October 01,2019 LEL REINSURANCE RETROACTIVE DATES: FIRST MILLION: October 01, 1986 SECOND MILLION: October 01, 1988 THIRD MILLION: October 01, 1998 DEDUCTIBLE: 0.00 THIS DECLARATIONS PAGE IS ISSUED TO THE COVERED MEMBER NAMED ABOVE,TO IDENTIFY THE ANN UAL 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 ACTUALLYAFFORDS 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 49 THE COVERAGE OTHERWISE PROVIDED UNDER THE APPLICABLE SELF INSURANCE COVERAGE AGREEMENT ATTACHED HERETO.THE LIMITS SET FORTH UNDER THIS AGREEMENT APPLY ONLY TO THE EXTENT THAT 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 SUBJECT TO THE INSURANCE AGREEMENTS,DEFINITIONS,EXCLUSIONS,AND CONDITIONS OF THIS SELF INSURANCE COVERAGE AGREEMENT,THE LIMITS OF LIABILITY AFFORDED FOR THE ANNUALAGREEMENT PERIOD ARE AS FOLLOWS: LAW ENFORCEMENT LIABILITY $5,000,000 Per Occurrence $10,000,000 Annual re ate e, SUBLIMITS. CD Contracts/Agreements $1,000,000 Per Person, Per Occurrence,Annual Aggregate Jail Deficiencies Defense Costs/Legal Ex enses $100,000 Per Occurrence Pro ert Dama a to Structures $50,000 Per Occurrence Claim b Famil Member/Household Member $25,000 Per An One Person Firearms Training $1,000,000 Per Person, Per Occurrence,Annual Aggregate U) a� Subtotal 420,402.03 Multi-Program Discount ( 12,612.06 2 TOTAL ANNUAL CONTRIBUTION 407 789.97 CL SIGNED: w } x cra 2090 Summit Lake Drive, Tallahassee, FL 32317 Telephone: (850) 320-6880 Facsimile: (850) 320-6939 Packet Pg. 2862 0.6 f ........................ ................................. .................... 15 JL C14 LLJ V te Wes rn Surety Company z -T n V) A 0 CONTINUATION CERTIFICATE 20 0 Western Surety Company hereby continues in force Bond No. briefly describedas.- OLLECTO? l�:i�I ILL -DE-ADERM........................................................................................... .......................................................... 0 r_ .................. ...........�­......................I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.......... ...................................................................................... ..............................1.�.�.�....................................................................................... .......................................... ............................... ............... .2 M forDANISLI—JIENRIQUEZ..................................................................................................................... .......................................................................................................... ....... E E M X .........................................I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.............................................. .................1.1-1--l-I.I.I.I.I.I.I.I.-I.................-,''','''I'll'',..............."I'l""I'll""I'llll,",.".,.,.,."""'ll'.11.1.111,1111,'ll""I'llI................ ........................................................................ ....................................................................----., as Principal, 0 in the sum of$ .EIF ..............."I'l""I'll"-,-",'ll""I'll""I'll",lI............... Dollars, for the term beginning ............... �p ....... .............., and ending .................. ............... . ......2020 subject to all E co the covenants and conditions of the original bond referred to above. Q cm Q cm I-- This continuation is issued upon the express condition that the liability of Western Surety Company T_ 0 under said Bond and this and all continuations thereof shall not be cumulative and shall in no event exceed cm the total sum above written. 0 Datedthis.........................1.3............................ day of..............-.1aamahar......................, ............. .2 4-- 0 "�ol oli WESTERN,,-,SURETY COMPANY .2 . .......... % B 0 y ................. �a:l 4TBr aAkvicoel W 0 0'4 0 X r E THIS "Continuation Certificate" MUST BE FILED WITH THE ABOVE BOND. Form 90-A-8- 012 .. .... ......... ........ 0 Packet Pg. 2863 -vy ty n ii�par CM PIC)"INEIR 111C)F W Z 1K,,INI(J'W ALL 111WE1111,I1 BY THI SE: TI WEs"rERN SUIRIE"W"Y C I.'00413ANW,a Imirp,oration organized and exfistiri underthe 11alimps oliffiiiis State of rg.::Iuth Dskoita, U) 'a 4:11ind authorized airiicl licensed to do buRIness in the States of Aiabaimia, Aiaelim, Ar[ZlDiina, Arkansas, Caflifamiia, Coloiraldo, M P 0 Conneeflout, Delalimai District of ('d'o1Iumbkii, Flofldia, rieoirjij�a, 1--hmNMH:, 11113nois, lrv�::Ifiamx, lawa, iCI Ke.i M d,nuisiana, Maine, hil rldgda nid, IMaiiifsachusefts,, hilHoNgan, Mininii;Mota, I11WIlsmissipl:4, hfileeim.I Mon,taina, Nebraakajlevaida, INI — TO Haml:mi-Aire,, INew Jerney, Niew Mexico, New `I(ork,, tIlorth Givofina, IKlortdn Dal,wta, Ohio, Okkall-mina, Oin:!Ignn, Rianinsylivair-Iiiia, .2 4-- 0 IRlhode Soiuth CmroHinia, South 1::1aki,,xta:, 'reinnessee, 'rexas, UUteldn, Venvoint, 1firginila, Waahington, Mil.iIat 'VirgirI Wisconsin,Wyomiliog,anid thin United 13tateis of America,does hereby mtke:,conailitutiim an plmint .2 Paul T, Bmirflat: of Slaux FaRiii .......................................................... sh,11111:!1I of South Dakota Vice Pries4dent 4— ,RID n:.q,-:1iuI1m1y Wectied 0 ,aim Alkamiey in-Fact, id ith Ii.iiIR poliver ainid authi.xity hiii:Wiaby contarred iui:mn himilo WIgn, exii:;ramute, acknowledge and defiviiiw for M 0 and maim its behalf as Suiriety and as its iaat end i.Jeed,tivi�following. boind: C)nie. ..........TAX M E m x bondWfl-ii bond niumber ..................Irp slg,�a,'Z 111.!111 11......................................................................................................... M for 12,11N.1s,11...........J1............... M as IPrdnacilmamll in the penallOyammI not to exceed:- E 4) WoMem Surety Company further certifies that the foRowing is as Inm aind exii:llcl cf.:p, of Serition 7 ol the b, -hmva of Westiam sureby CO �,Dompany f:kalyadopted I now 6n force,to-vifit �v v CD Sectio n 7 A111 boads, j:x-)h&as, unfledalihigs,1::1ovvern of Altomey,ex other i::6fifphons of the cf,:mrpnramIhon shall be eximnAsid: in Rm corporate C14 .I the Company by Ike President,Secretary,any Assislant!SecrehimiN "Fro i n CD asurer,or any fte ProWdent,ort)y imsch offierofficers astho C14 IFUm-11[rd o:I[ Directors may aq,ithoiHze, The PivI.Ment, any Vkm PniVaident, Secretary, any drki.,mWanf. Slecrotary, or the Crnmmmimer irriny apm. nt Allomeys-Oi+,'moat or a!affnks who shall Kave authorily lio issue Winds,rmficiem,or underlailungs 0 the rim-nis of the Qxrtpariy, 'nie DoqmratO is A necessary Nix the validif V of I bonds,pxddes, uncle 0 AlRomey or other C)bhg,�,.xfions of the oorporation, ..Ube 0 signaftive oil any such officar and the�:*rporah:�sed imay The prinlled: by lacsimfle rxs Ilan Witness Wheirim,::If, the said WESTEi::011 SURET Y COMPAIMY Ihas catusedId-iiii:Me jpresirmtn to be exectrti:.W by ftlim CD CM Prelsiderit Ilivith the CINlJ:)GrIVIIWI,aeW affimi.,vd IN -----13..------- iLji@q of Dieciem'bier, 1vv 1: /'(FF ATTES"i" R r,,I1 S 0 IFR E:4" 1 C A F:,A NU Y M 0 e.. I....... ............................................ ......... or................................................................................................... e c r etary ro plm,l Et,vftmit,Vice Priimid:enk 0 4 rah w 0 v k. STA'm OF SOUTI IDAIK0`Ii`A W CO UNITY'DIF MINNEIi 1AHAIi, 0 0 On thils .................. tm-loire ime,a INlolari Pubfic,p:ex-Ronaify ap x pear 0,d Paul T. BrIsilat aind L Nii:lenin ............... who, being Iby mie duly aworri,acimawledged th,iat flvay signed,11he aboviiio Power IIIIA111ioriney as. ............vice Piresidiiiallink ........................................................... 1 M ............................................................................................ and Assistant Secretaq, respectivei, of the :imid INESTEIRIN Si 111RIE.:,"ry COMPAIMY, airid ackwimleidged said irivivumant tir.) E be thevoluntainlr i acIr t and deed of sMd Corpoitation, N101 11: h11 OTAF P11 1 ly JEE3111 I1111C L III SEAL E.310111.11111-f DAII(C.'rut IN io:tary R.Ibiliv: + lid, C" iryiimIisslon IE)r�p'iire:iii,,diiixne,23,,2012"I v 00 To va"Hidaike, Lmviatil auth.viriiiticit y,, girip 111Aro > 10�wmlrrffllbfiiree Servicem > V;uIiLt Packet Pg. 2864 Form F1975-'!,CP NGNM Insurance `or"hranY Report of 'xecLl fl - R0.6.g Auk n �tlk , z U) 0 Agency Code: trnclNumber: -820 91- Ke� t a .e Ins rind F.ff�� tine �t�� 1 l �fll 7 0 6-44 Uuited..Strevt satte I Bond Expiration late, 1.1 ,21 "1 0 'Wtit, tf Type of Renewal: on in at on Certitacale 0 .�_ Princi la Obligee; P Rmsell. Florida Secretary in State � Atm tv r�ion of Elections Rm a€C� Kcy-west.Fla .040 R :Gray Building 11 Broraotr:r;h str t FL 32399-0250 Type of�t rrcl I i i tr Penults Amt Premium grit ° r�om R tr � Public'. CO Official Ir1tlividoal t'ub is ffici91 Not C thenvise. Ias�ific-f s 10,000 51 0,25TOTAL PREMIUM S 35 'wmar .sa Propert ppr°i'sct x 0 CL CO CL CL CL CL system. Agency bill z � , �� Packet Pg. 2865 ; 0.6.g BOND DEPARTMENT ` MENT AGENCY: 09-0238 Key West Insurance Inc U) BONS 5-82�491 7z 'riricipal Obligee: Scott P Russell Florida Secretary of State 25Fogarty Avenue Division of Elections Rm 316 500 Bronough Street Key west,FT 33t] Q Tallahassee F 32399-0250 0 Bond l€ertr;in 1�o tlrs. 1 Effective Datep 111 f2d 17 Expiration Date. 1 1!2a<1 Penalty Art ount: $1 Q,Q0t1 Type of Bond: Public Official-Individual X Classificatiowpubtic Official Not:Othetwise Classified Remarks. U) Property Appraiser It is hereby agreed that tlbe captioned Numbered Bond is continued in force in the.above amount for the period of the continued term stated above acid is subject to`a11 the covenants:and conditions of said Bond. This continuation shall be decreed=a part of the original Bond., and not a new obligation,no matter how long the Bond has been m farce or how inar�y sroaxaiva�ns are paid for the Bond, unless otherwise provided for by statute or ordinance applicable. X X Th witness Whereof,',the.company has caused this instrument to be duly signed, scaled and dated as of the above"continuation effective date". NO INSURANCE COMPANY ` itttttadi L U) CL CL Attorney-in-fact CL CL This Continuation Certificate needs to be filed with the obligee. No other proof of renewal has been seat to airy other Marty. Agency Bill .. . . . . w.,�.., . Packet Pg. 2866 O.6.h i M R U) R ` 9 R Western Surety C0 R ® R � CONTINUATION CERTIFICATE 4- 0 r_ ' Western Surety Company hereby continues in force Bond No. 70631125 briefly M X described as for CIO as Principal, cm Q ees in the sum of$ Dollars, for the term beginning C November 1A _2016 , and ending , 2020 , subject to all the covenants and conditions of the original bond referred to above. > 0 This continuation is issued upon the express condition that the liability of Western Surety Company X 0 under said Bond and this and all continuations thereof shall not be cumulative and shall in no event exceed r_ 0 the total sum above written. Dated this 04 . day of , 2016 2 p� ,, WESTERN URETY COMPANY .mk le B ILA Paul T. Br at Vice President ` A e3 . "i m ' U) 9 B THIS "Continuation Certificate"MUST BE FILED WITH THE ABOVE BOND. 9 Q Form 90-A-&2012 i : ....._. ..., . Packet Pg. 2867 f 0.6.h Western Surety 00 M POWER OF ATTORNEY 7Z KNOW ALL MEN BY THESE PRESENTS: That WESTERN SURETY COMPANY,a corporation organized and existing under the laws of the State of South Dakota, 2 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, M Wisconsin,Wyoming,and the United States of America,does hereby make,constitute and appoint Paul T. Bruflat Sioux Falls of,: ..,n,.�., .,�., , 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 BOARD .11E C0 bond with bond number ,°, ���� rrr cm Q cm for .. 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 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 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. 0 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 20 16 . ATTEST WE 7N SURD CO PANY . .....z4uv_�_ By L.Nelson,Assistant Secretary Pau Bruflat,Vice President F co l iu a r STATE OF SOUTH DAKOTA SS 0 COUNTY OF MINNEHAHA W au , Z On this 04 - day of ember ,, 20 3 6 ,before me,a Notary Publiic,personally appeared 0 Paul T.Bruflat and L„ Nelson C0 who,being by me duly sworn,acknowledged that they signed the above Power of Attorney as Vice President m„ and Assistant Secretary, respectively, of the said WESTERN SURETY COMPANY, and acknowledged said instrument to be the voluntary act and deed of said Corporation..: C) +4444 4af�f�f6i4yms4�syyhhh's~fhas♦ °° .r J. MOHR s aNOTARY PUBLIC(Rs' SOUTH DAKOTA SF�L a s Sit" Notary Public My py Commission Expires June , 01 ♦hyy*�yhy�s44y�s�s4�s*abas�shh4�v f To validate bond authenticity, go to wwwacnasure ,com > Owner/Obligee Services > Validate Bond Coverage. ift Form F1975-1.201 Packet Pg. 2868 a r A r_ 0 esterl--1 ire (..,om&-,-(:1ny w' a y CONTINUATION CERTIFICATE a 4— a 0 7 O Western Surety Company hereby continues in force Bond No. 713 9728 briefly E described as _COUNT-Y MMI 81MR..._ O�l".l " M for lNY -.1 E1 �_ ..... ...... 0 C0 .._..... w� , as Principal, in the sum of$_, QQO Dollars, for the term beginning _... Novem'b� Q.........._, 2016 , and ending November 20 2020 subject to all M the covenants and conditions of the original bond referred to above. 0 0 This continuation is issued upon the express condition that the liability of Western Surety Company a under said Bond and this and all continuations thereof shall not be cumulative and shall in no event exceed the total sum above written. TO.2 Dated this. _..�., _ day of ®, 2016 2 WESTERN URETY COMPANY I D�' t 'o c Bp Paul T, Br at,Vice President o F � M �yj✓' ✓iF � LLJ 6 �4r w y 0 00 r. m d aw, 4y "Fau�a•.aaaea o-�v �. f W r r THIS "Continuation Certificate"MUST BE FILED WITH THE ABOVE BOND. ro � w'' Form 90-A-8-2012 Y Ic o r ry Packet Pg. 2869 extern e a n 0 0 M POWER OF ATTORNEY .2 KNOW ALL MEN BY THESE PRESENTS: 0 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 _ 4) 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 COUNT-Y-LDMM133JDNER--CQUNTI—QF—,NQMOE C0 bond with bond number 71339726 for _T 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: E 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 0) 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, a. X 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_W 23_ day of Vemfaex 2016 , ATTEST WE N SUR COMPANY a By 2 2 L. Nelson,Assistant Secretary Pau Bruflat,Vice President 2 r~"� u STATE OF SOUTH DAKOTA p SS P �, W COUNTY OF MINNEHAHA �� ��'ti Z r, O t0 On this -------23-_.... day of Noembe _ 2016 ,before me,a Notary Public, personally appeared C0 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 COMPANY, and acknowledged said instrument to be the voluntary act and deed of said Corporation. + h�h�,�hhhh�h�hhhh� r + 0 J. MOHR s=SEALNOTARY"PUBLIC sSOUTH DAKOTA Notary Public + yy��,�,yyyyyy + 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 Pg. 2870 0.6.j F rc O U) 0 Western Surety Company G 0 G 2 CONTINUATION CERTIFICATE f N 0 r_ Western Surety Company hereby continues in force Bond No. 7150876 briefly rc described as SUPERVISOR OF ELECTION COUNTY OF MONROE X for R. JOYCE GRIFFIN co as Principal, in the sum of FIVE THOUSAND AND NO1100 Dollars, for the term beginning 00 January 08 2018 , and ending January 0 — --, 2022 , subject to all the covenants and conditions of the original bond referred to above. ° E This continuation is issued upon the express condition that the liability of Western Surety Company 4) under said Bond and this and all continuations thereof shall not be cumulative and shall in no event exceed the total sum above written. .2 Dated this 29 day of November , 2017 2 CL C0 WESTERN URETY COMPANY By 7z G y Paul T. Br at, Vice President co CL r r. G r N aer co r y r s f A THIS "Continuation Certificate" MUST BE FILEID WITH THE ABOVE BOND. r r � G n Form 90-A-8-2012 r, o G r Packet Pg. 2871 Western Surety Company �� POWER OF ATTORNEY KNOW ALL MEN B"fTHESE PRESENTS: , " �Tha�WESTERN SURETY COMPANY, aoo�mmUon organized and a*ednQunderthelaws oY the S��of South Daho�'and authorized and licensed to do business in the States of Alabama, A|oeha. Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, �0.Loummna, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, =i000u//` Montana, Nebraska, Nevedu, New 0 Hampshire, New Jersey, New Mexico, New ynd, North CamUm' North Dakota, Ohi»' Oklahoma, Oregon, Pennsylvania, r_ .2 Rhode |u|ond. South Oum/ina` South Doku1"` Tennessee, /e«me' Utah' Vermont, V/'Qin/a, Washington, West yirQin/a'Vioo»ne/n. Wyoming, and the United States of America, does hereby make,constitute and appoint pau|T. Bruflau of Sioux Falls M State of South Dakota X as uo»egu/anye/o�ed Vice President ------' � and i� ' --Fact, ~." =. power ano aunnontyhereby confened upon him to n/gn, execute, acknowledge and ." " behalf as Surety and as its a�and deed,the following bond: «n one ' bond with bond number C� ,or R Q JOYCE GRIFFIN C14 ae Principal|n the penalty amount not to exceed:$5 000.0oCompany duly adopted and now in force,to Western Surety Company further Board of Directors may authorize. The President name of the Company by the President,Secretary, any Assistant Secretary,Treasurer,or any Vice President,or by Section 7. All bonds,Policies,undertakings,Powers of Attorney,or other obligations of the corporation shall be executed in the corpo *o»m*yamramu, t h uoaoh�e����� any Vice President, ue«nezam any Assistant aeop�ary or the ��a=,����—r rate such other office--~the ' n�� ionmnoma m'mau«* bm»maPolicies, unde�a�ngoin the name 'f the Cnm Th�� apPom� ' »io»�ureo/anyuuo6offive,ona��� - any ~~''~~|' p"""=s' unoenamvga powemof/��meyormhe,ob|ig�ionoof',-'° ~""'p"""° � ""'p»s�m ae�mayue pnntedby�ouimi|e "the oo�muxmn The � In Witness Whereof, the said WESTERN SURETY COMPANY h Vice President w/i�h/heoorpo,�eoea{a��ed�hio«r�m, an caused these presents to be executed by its 0 29 day of November 2017 . ATTEST By L Nelson,Assist�n_t-Secretary M u� - STATE OF SOUTH DAKOTA mm ILL COUNTY(JFk8|NNEH4HA oa 0 � On this doy f ~%��� ^^���^^� __ -_' -