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Item Q03 Q3 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting July 17, 2024 Agenda Item Number: Q3 2023-2548 BULK ITEM: No DEPARTMENT: Risk Management TIME APPROXIMATE: STAFF CONTACT: Brian Bradley N/A AGENDA ITEM WORDING: Airport Public Officials Liability Insurance Renewal 2024 - 2025. ITEM BACKGROUND: The Public Officials liability insurance policy provides coverage for wrongful acts alleged to have been committed by public officials and employees of the BOCC in connection with airport operations at Key West International Airport and the Marathon/Florida Keys International Airport, and also provides coverage for employment practices claims at the two airports (claims of discrimination, retaliation and harassment). The County's Airport Public Officials and Employment Practices Liability policy expires on July 27, 2024. The policy is currently provided by Indian Harbor Insurance Company with limits of$2 million per claim and $2 million annual aggregate. The policy is subject to a $10,000 per claim deductible for public officials liability and employment practices liability (POL/EPL), and $5,000 for crisis management. The premium for the current policy is $18,847. The Gehring Insurance Brokers & Consultants Group serves as the County's agent for this policy. They have submitted a proposal from Indian Harbor to renew the policy (with the same limits and deductibles as the expiring policy) for the 7/27/24 to 7/27/25 policy term at a premium of$19,744. The proposal represents a $927 (5%) increase in the premium. Gehring advised that this increase is a result of the Airport's projected revenues and expenditures increasing, even though the number of Airport employees has decreased. PREVIOUS RELEVANT BOCC ACTION: 7/19/2023 - BOCC approved the current Gehring Group airport public officials liability insurance policy. INSURANCE REQUIRED: No 4677 CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: 2024-05-22 - Monroe County BOCC -Airport Operator POI,-EPL Evaluation.pdf 2023-04-23 - Monroe BOCC - PGU -Airport POI,-EPLI Application.pdf FINANCIAL IMPACT: Total dollar value of Contract: $19,744 404-63001 Key West Airport O&M 4678 V Q Z� E O �L.0 r� w V V a CA igq 43 w r" O O OCIDO O O O Ln O O O O O O O t/} N n N o Z O O O O0 OLn W N i�A Yi W .N,, -I 4 L> O O O O GWC O 00 00 00 p O m 00 j O O O Ln O N m .0 Z Z V i/} N N N i/} ice/} J N L 2 O f0 'v� a N •E a•+ E V 0 v Q. CA _ Q � T T O W d c c L f0 N O -- m E a+ -' > > v 00 -Do a+ w tL 0, U C.J E O- ,d UO a m v Q E a d O Z c v +° +° _^ w w m i ll c c m m o O y d o O m v c tw as L O a.+ „ 0 0 > ¢ 2 a c scm c n u O °� > E vu = E o o o � oW a Z Z u cc m Z H of o 4679 Professional CLAIMS MADE PUBLIC OFFICIALS AND GovernmentalEMPLOYMENT PRACTICES LIABILITY INSURANCE RENEWAL APPLICATION THIS IS AN APPLICATION FOR A CLAIMS MADE POLICY WHICH APPLIES ONLY TO CLAIMS FIRST MADE DURING THE POLICY PERIOD OR ANY EXTENDED REPORTING PERIOD. DEFENSE EXPENSES WILL BE APPLIED AGAINST THE RETENTION AMOUNT. I. GENERAL INFORMATION 1. Legal Name of Entity: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Street Address: 1111 12TH ST STE 408 City: KEY WEST State: FL Zip: 33040 County: MONROE Current Population: 80,614 FEIN Number:: 59-6000749 Human Resource Contact: (Name): BRIAN BRADLEY (Email): (Phone Number): 305 295-3178 2. Within the last twelve (12) months, have any of the following taken place? a. Grand Jury investigations into activities of any official or employee. Yes ❑ No 0 If"yes", provide details: b. Indictment of any official or employee: Yes ❑ No 0 If"yes", provide details: 3. Provide revenues and expenditures. Provide an explanation for any deficit orlarge surplus. FISCAL SURPLUS (+)/ ACCUMULATED YEAR REVENUES EXPENDITURES DEFICIT - SURPLUS/DEFICIT 2023-2024 $14,763,745 $12,537,569 $2,226,176 $15,510,168 4. Current bond rating (Standard & Poor's or Moody's): Fitch A-/Moody's Baa2 II. CLAIMS HISTORY 1. Check here if there have been no claims made against the public entity during the twelve(12) months 0 2. Does any official or employee have knowledge of acts, errors, and/or omissions that Yes ❑ No ■❑ might reasonably give rise to a claim or suit? PGU POL REN APP 0819 Page 1 of 6 4680 3. a. Check the boxes which generally describe the types of complaints/disputes the public entity has received during the last twelve (12) months. ❑ Zoning ❑ Termination ❑ Discrimination ❑ Permits Insurance ❑ Equal Pay ❑ Land Use ❑ Sex Harassment ❑ Suspension ❑ License Insurance ❑ Variances ❑ Promotion ❑ Demotion ❑ Hiring ❑ Segregation b. Have such complaints/disputes been reported to us? Yes ❑ No ❑ III. PUBLIC OFFICIALS INFORMATION. Check the boxes with services provided or activities performed by the public entity. ❑ Police Department ❑ License Issuance ❑ Gas Utility ❑ Transit Authority ❑ Zoning ❑ Tax Assessment Collection ❑ Port Authority ❑ Landfill ❑ Building Inspection ❑ Water/Sewer Utility 0 Airport Authority ❑ Hospital/Nursing Home ❑ Permits Issuance ❑ Electric Utility ❑ Housing Authority ❑ Daycare Any new services provided or activities performed during the last twelve (12) months which were not declared on the application of the expiring policy require completion of applicable portions pages 2-3 of the main Application Form PGU POL APP 0417. IV. EMPLOYMENT PRACTICES INFORMATION. 1. Total number of employees: Full time: 22 Part time: o Seasonal: o 2. Have any of the following taken place during the last twelve (12) months? A. Strike, slowdown or other disruption? Yes ❑ No ❑ Provide#of Incidents B. Layoff or reduction in staff? Yes ❑ No ❑ Provide#of Incidents C. Employee suspensions? Yes ❑ No 0 Provide#of Incidents D. Employee transfers? Yes ❑ No 0 Provide#of Incidents E. Non-renewal of employment contracts? Yes ❑ No 0 Provide#of Incidents F. Employee terminations/dismissals? Yes ❑ No 0 Provide#of Incidents G. Administrative appeals? Yes ❑ No ❑ Provide#of Incidents H. Formal Grievances? Yes ❑ No 0 Provide#of Incidents Provide explanation on a separate sheet of paper for any"yes" response to questions 2. A-H. 3. Personnel policies and procedures have been reviewed by legal counsel within the last Yes 0 No ❑ twelve (12) months? 4. Have supervisors and/or employees received employment practices training during the Yes 0 No ❑ last twelve (12) months? PGU POL REN APP 0819 Page 2 of 6 4681 V. IMPORTANT NOTICES; AUTHORIZED ENTITY REPRESENTATIVE This application is for Claims-Made coverage. Upon receipt read the policy carefully. THE UNDERSIGNED AUTHORIZED REPRESENTATIVE, PARTNER, DIRECTOR OR OFFICER AGREES THAT IF THE INFORMATION SUPPLIED ON THIS APPLICATION CHANGES BETWEEN THE DATE THE APPLICATION IS EXECUTED AND THE TIME THE PROPOSED INSURANCE POLICY IS BOUND OR COVERAGE COMMENCES, THE NAMED INSURED WILL IMMEDIATELY NOTIFY THE INSURER IN WRITING OF SUCH CHANGES. THE INSURER RESERVES ITS RIGHTS TO MODIFY OR WITHDRAW ITS PROPOSAL. THE UNDERSIGNED AUTHORIZED REPRESENTATIVE, REPRESENTS AND WARRANTS ON BEHALF OF THE NAMED INSURED AND ALL PERSONS OR ENTITIES FOR WHOM INSURANCE IS BEING SOUGHT THAT TO THE BEST OF HIS OR HER KNOWLEDGE AND BELIEF AND AFTER DILIGENT INQUIRY, THE STATEMENTS SET FORTH IN THIS APPLICATION AND ANY ATTACHMENTS HERETO ARE TRUE AND ACCURATE. IT IS UNDERSTOOD THAT THE STATEMENTS IN THIS APPLICATION, INCLUDING MATERIALS SUBMITTED TO OR OBTAINED BY THE INSURER, ARE MATERIAL TO THE ACCEPTANCE OF THE RISK, AND RELIED UPON BY THE INSURER. APPLICANT FRAUD WARNINGS NOTICE TO ALABAMA APPLICANTS: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or who knowingly presents false information in an application for insurance is guilty of a crime and may be subject to restitution fines or confinement in prison, or any combination thereof. NOTICE TO ARKANSAS APPLICANTS: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. NOTICE TO COLORADO APPLICANTS: It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages.Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. NOTICE TO DISTRICT OF COLUMBIA APPLICANTS: WARNING: It is a crime to provide false or misleading information to an insurer for the purpose of defrauding the insurer or any other person. Penalties include imprisonment and/or fines. In addition, an insurer may deny insurance benefits if false information materially related to a claim was provided by the applicant. NOTICE TO FLORIDA APPLICANTS: Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing any false, incomplete, or misleading information is guilty of a felony of the third degree. NOTICE TO KANSAS APPLICANTS: A"fraudulent insurance act" means an act committed by any person who, knowingly and with intent to defraud, presents, causes to be presented or prepares with knowledge or belief that it will be presented to or by an insurer, purported insurer, broker or any agent thereof, any written, electronic, electronic impulse, facsimile, magnetic, oral, or telephonic communication or statement as part of, or in support of, an application for the issuance of, or the rating of an insurance policy for personal or commercial insurance, or a claim for payment or other benefit pursuant to an insurance policy for commercial or personal insurance which such person knows to contain materially false information concerning any fact material thereto; or conceals, for the purpose of misleading, information concerning any fact material thereto. NOTICE TO KENTUCKY APPLICANTS: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance containing any materially false information or conceals, for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime. PGU POL REN APP 0819 Page 3 of 6 4682 NOTICE TO LOUISIANA APPLICANTS: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. NOTICE TO MAINE APPLICANTS: It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties may include imprisonment, fines, or denial of insurance benefits. NOTICE TO MARYLAND APPLICANTS: Any person who knowingly or willfully presents a false or fraudulent claim for payment of a loss or benefit or who knowingly or willfully presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. NOTICE TO NEW JERSEY APPLICANTS: Any person who includes any false or misleading information on an application for an insurance policy is subject to criminal and civil penalties. NOTICE TO NEW MEXICO APPLICANTS: ANY PERSON WHO KNOWINGLY PRESENTS A FALSE OR FRAUDULENT CLAIM FOR PAYMENT OF A LOSS OR BENEFIT OR KNOWINGLY PRESENTS FALSE INFORMATION IN AN APPLICATION FOR INSURANCE IS GUILTY OF A CRIME AND MAY BE SUBJECT TO CIVIL FINES AND CRIMINAL PENALTIES. NOTICE TO OHIO APPLICANTS: Any person who, with intent to defraud or knowing that he is facilitating a fraud against an insurer, submits an application or files a claim containing a false or deceptive statement is guilty of insurance fraud. NOTICE TO OKLAHOMA APPLICANTS: WARNING: Any person who knowingly, and with intent to injure, defraud or deceive any insurer, makes any claim for the proceeds of an insurance policy containing any false, incomplete or misleading information is guilty of a felony. NOTICE TO PENNSYLVANIA APPLICANTS: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties. NOTICE TO PUERTO RICO APPLICANTS: Any person who knowingly and with the intention of defrauding presents false information in an insurance application, or presents, helps, or causes the presentation of a fraudulent claim for the payment of a loss or any other benefit, or presents more than one claim for the same damage or loss, shall incur a felony and, upon conviction, shall be sanctioned for each violation by a fine of not less than five thousand dollars ($5,000)and not more than ten thousand dollars ($10,000), or a fixed term of imprisonment for three (3)years, or both penalties. Should aggravating circumstances [be] present, the penalty thus established may be increased to a maximum of five (5)years, if extenuating circumstances are present, it may be reduced to a minimum of two(2)years. NOTICE TO RHODE ISLAND APPLICANTS: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. NOTICE TO TENNESSEE APPLICANTS: It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines and denial of insurance benefits. NOTICE TO VIRGINIA APPLICANTS: It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines and denial of insurance benefits. NOTICE TO WASHINGTON APPLICANTS: It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines and denial of insurance benefits. PGU POL REN APP 0819 Page 4 of 6 4683 NOTICE TO WEST VIRGINIA APPLICANTS: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. NOTICE TO ALL OTHER STATES: Any person who knowingly and willfully presents false information in an application for insurance may be guilty of insurance fraud and subject to fines and confinement in prison. (In Oregon, the aforementioned actions may constitute a fraudulent insurance act which may be a crime and may subject the person to penalties). NOTICE TO NEW YORK APPLICANTS: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime, and shall also be subject to a civil penalty not to exceed five thousand dollars and the stated value of the claim for each such violation. The proposed insured affirms that the foregoing information is true and agrees that these applications shall constitute a part of any policy issued whether attached or not and that any willful concealment or misrepresentation of a material fact or circumstances shall be grounds to rescind the insurance policy. VI. AUTHORIZED REPRESENTATIVE; APPLICANT'S SIGNATURE: 1. Provide the name and title of the individual designated to receive any and all notices from the insurer concerning any policy issued as a result of this application (please type or print). Name: Title: Public Records and Risk Manager 2. Attestation: The authorized signer of this application attests to the best of his/her knowledge that statements set forth herein are true; that no fact, circumstance nor situation indicating the probability of a claim or action now known to any entity, official, or employee has not been declared; and it is agreed by all concerned that omission of such information shall exclude any such claim or action from coverage under the insurance being applied for. It is further acknowledged that the signing of this application does not bind the signer to purchase the insurance. However, it is agreed that this Application shall be the basis of the contract and any policy which might be issued. 5/6/2024 Authorized Signatory of Entity Date BRIAN BRADLEY-PUBLIC RECORDS and RISK MANAGER 305 295-3178 Print Name and Title Phone Number PGU POL REN APP 0819 Page 5 of 6 4684 VII. AGENCY INFORMATION Agency Name: GEHRING GROUP Contact: Rommi Mitchell Address City: PALM BEACH GARDENS State: FL Zip: 33410 Phone: 561 626-6797 Fax Will you make surplus lines filings if necessary? Yes ❑ No ❑ Provide your surplus lines license number: A973094 PGU POL REN APP 0819 Page 6 of 6 4685