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HomeMy WebLinkAboutCity of Tamarac Resolution R-2014-123Temp. Reso. 12577 October 28, 2014 Page 1 of 3 CITY OF TAMARAC, FLORIDA RESOLUTION NO. 2014 la3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH THE CITY OF TAMARAC FIREFIGHTER'S PENSION TRUST FUND TO PROVIDE ADMINISTRATIVE SERVICES TO THE FIREFIGHTER'S PENSION TRUST FUND AND TO PERFORM THOSE DUTIES AND RESPONSIBILITIES WHICH ARE DESCRIBED IN THIS AGREEMENT EFFECTIVE JANUARY 1, 2015; AUTHORIZING AN APPROPRIATION OF $27)000 TO CONVERT A PART-TIME POSITION TO FULL-TIME; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 16-343 of the City of Tamarac Code of Ordinances authorizes the City of Tamarac Firefighter's Pension Trust Fund Board of Trustees to administer the pension system in all of its details and to engage professional and technical services to administer the Pension Trust Fu nd's operations; and WHEREAS, the proposed costs to have administrative services for the Pension Trust Fund provided by an outside firm have increased in the last two years; and WHEREAS, The City of Tamarac has proposed to provide administrative services to the Pension Trust Fund Board of Trustees at no cost to the Pension Trust Fund; and WHEREAS, administration of the Pension Trust -Fund by the City of Tamarac is a more cost effective method to administer the program than the use of an outside firm; and WHEREAS, the Pension Trust Fund Board of Trustees is familiar with the experience and reputation of the City of Tamarac and its Human Resources Department in providing administrative services; and WHEREAS, the Pension Trust Fund has determined that it is in the best interest of the participants and beneficiaries of the fund to engage the services of the City; and Temp. Reso. 12577 October 28, 2014 Page 2 of 3 WHEREAS, both parties have agreed to the terms, conditions and covenants of an Administrative Services Agreement dated January 1, 2015, a copy of said Agreement is attached hereto as Exhibit "1"; and WHEREAS, the City Commission authorized apart -time position in FY 2014 for providing administrative services provided to the General Employee's Pension Fund; and WHEREAS, with the addition of the administrative services to another pension plan requires a full-time position; WHEREAS, the Directors of Human Resources and Financial Services recommend execution of an Administrative Services Agreement effective January 1, 2015; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to exercise an Administrative Services Agreement effective January 1, 2015 between the Firefghter's Pension Trust Fund and the City of Tamarac, Florida. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are HEREBY ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof and all exhibits attached hereto are incorporated herein and made a specific part of this resolution. SECTION 2: The appropriate City officials are hereby authorized to execute an Administrative Services Agreement (Exhibit 1") between the City of Tamarac Firefighter's Pension Trust Fund and the City of Tamarac to allow the City of Tamarac to provide administrative services to the Pension Trust Fund effective January 1, 2015. SECTION 3: An appropriation in the amount $27,000.00 is hereby approved and Temp. Reso. 12577 October 28, 2014 Page 3 of 3 will be included in Budget Amendment Number One in April 2015, pursuant to F.S. 166.241(2). SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 6: This Resolution shall become effective January 1, 2015. PASSED, ADOPTED AND APPROVED this ATTEST: PATRICIA TEUFEV C�VIC CITY CLERK I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM SAMUEL S. GOREN CITY ATTORNEY day of November, 2014. HA MAYOR ESSLER RECORD OF COMMISSION VOTE: MAYOR DRESSLER 2� DIST 1: COMM. BUSHNEL DIST 2: VICE MAYOR GOMEZ � DIST 3: COMM. GLASSER (AL�) DIST 4: COMM. PLACKO ��*Out Q0 ��� �a J� Florida League of Cities, Inc. j Department of Insurance and Financial Services w n P.0. Box 530065 Orlando, FL 32853-0065 .11MENTofINSMA1KE (407) 367-18501(800) 445-62481 Fax: (407) 425-9378 mO WAKIAL MKIS ISSUED TO: City of Tamarac 7525 NW 88th Avenue Tamarac, FL 33321 FMIT Number: 0584 BINDER OF COVERAGE EMMIT A THIS IS TO CERTIFY THAT THE ABOVE NAMED MEMBER HAS SECURED COVERAGES THROUGH THE FOLLOWING SELF INSURANCE PROGRAM EFFECTIVE OCTOBER 0I s 2014 FK�Florida Municipal Insurance Trust El?roperty Workers' Compensation General Liability Auto Liability Auto Physical Damage This Binder of Coverage expires December 31, 2014 and will be replaced by a coverage document. Failure to pay premiums in accordance with the payment policies will necessitate cancellation of this binder. Date Issued: September 19, 2014 Authorized Representative Limits of Liability and Deductible information are on file with the Administrator. Florida Municipal Insurance Trust I. FLORIDA LEAGUE OF CITIES SPONSORED INSURANCE PROGRAMS DECLARATIONS DESIGNATED MEMBER: City of Tamarac Address: 7525 NW 88th Avenue Tamarac, FL 33321 II. COVERAGE PERIOD From October 1, 2014 to October 1, 2015 12:01 A.M. Standard Time at the address of the Designated Member. Ill. AGREEMENT NUMBER Florida Municipal Insurance Trust (FMIT) FMIT #0584 IV. COVERAGES INCLUDED General Liability Automobile Property Workers' Compensation V. ESTIMATED ANNUAL PREMIUM Normal Expense Incentive Net Premium Constant Credit Premium $1, 309,195 $200 $(3150919) $993,476 ? October 1, 2014 Signature of Authorized Representative Date FLORIDA MUNICIPAL INSURANCE TRUST GENERAL/PROFESSIONAL LIABILITY COVERAGE AGREEMENT DECLARATIONS I. DESIGNATED MEMBER City of Tamarac II. GOVERNMENT DESCRIPTION Municipality III. COVERAGE PERIOD Agreement No.: FMIT #0584 From October 1, 2014 to October 1, 2015 12:01 A.M. Standard Time at the address of the Designated Member. IV. General/Professional Liability Payroll: 1. General Liability a. Broad Form Property Damage b. Extra Contractual Legal Expense c. Fire Legal Liability d. Medical Attendants'/Medical Directors' Malpractice Liability 2. Errors and Omissions Liability a. Employment Practices Liability b. Employee Benefits Program Administration Liability 3. Information Security & Privacy Liability THESE ARE CLAIMS MADE AND REPORTED COVERAGES Insuring Agreement I.A. a. Information Security & Privacy Liability Retroactive Date: 10/1/2012 Insuring Agreement I.B. b. Privacy Notification Costs Retroactive Date: 10/1/2012 Insuring Agreement I.C. c. Regulatory Defense and Penalties Retroactive Date: 10/1/2012 Insuring Agreement I.D. d. Website Media Content Liability Retroactive Date: 10/1/2012 Premium Deductible/ Basis Type Limit Net Premium $25,000DSL $2,000,000 $275,132 23, 541,833 $25,OOODSL Per Form Included N/A $25,000 Included $25,000 DSL $500,000 Included $251000DSL $2,000,000 Included $25,000 DSL $2,000,000 Included $25,000 DSL $2,000.000 Included $25,000 DSL $2,000,000 Included $250,000 Each Claim $250,000 Agreement Aggregate Limit of Liability $25,000 Included Included $10,000 Included Included $25,000 Included Included $25,000 Included Included WIT GL DEC 1014 Page 1 of 3 Insuring Agreement I.E. e. PCI Fines and Costs Retroactive Date: 10/1/2012 Insuring Agreement I.F. f. Cyber Extortion Retroactive Date: 10/1/2012 Insuring Agreement I.G. g. First Party Data Protection Retroactive Date: 10/1/2012 Insuring Agreement I.H. h. First Party Network Business Interruption Retroactive Date: 10/1/2012 $25,000 Included Included $35,000 Included Included $35,000 Included Included $35,000 Included Included V. This agreement includes these endorsements and schedules: See Schedule A VI. ESTIMATED ANNUAL PREMIUM Florida Municipal Insurance Trust (FMIT) Normal Premium $413,453 Incentive Credit $(138, 321) Net Premium $275,132 Florida League of Cities Sponsored Insurance Programs Since 1977 THIS DECLARATIONS AND THE SUPPLEMENTAL DECLARATIONS, TOGETHER WITH THE COMMON CONDITIONS, COVERAGE FORM(S) AND ENDORSEMENTS COMPLETE THE ABOVE NUMBERED AGREEMENT. FMIT GL DEC 1014 Page 2 of 3 Form # FMIT TRAG 1014 FMIT CA 1014 FMIT DSL 1011 FMIT BFPD 1010 FMIT ECLE 1013 FMIT FLL 1012 FMIT MA 1007 FMIT EO 1013 FMIT IC BH 1014 FMIT SE GL 1012 FMIT PNL 1012 FMIT PNLX 1012 FMIT CIE 1011 FMIT SBU 1011 FMIT GENERAL/PROFESSIONAL LIABILITY COVERAGES October 1, 2014 - October 1, 2015 Schedule Coverage Forms List Description FMIT #0584 Schedule A General Liability Common Trust Agreement Coverage Agreement Deductible StopLoss Endorsement General Liability Broad Form Property Damage Endorsement Extra Contractual Legal Expense Endorsement Fire Legal Liability Endorsement Medical Attendants' / Medical Directors' Malpractice Liability Endorsement Errors and Omissions Liability Endorsement Inverse Condemnation and Bert J. Harris Jr. Private Property Rights Protection Act Specific Excess Endorsement - General Liability Privacy/Network Security Liability First Party Computer Security Coverage Crisis Intervention Expense Endorsement Sewerline Backup and Initial Cleanup Expense FMIT GL DEC 1014 Page 3 of 3 DEFINITIONS The following definitions apply throughout this Agreement unless modified or excluded: A. Advertising Injury, means injury arising out of an offense committed during the Agreement period occurring in the course of the designated member's advertising activities; if such injury arises out of libel, slander, defamation, violation of right of privacy, oral or written publication of material, misappropriation of advertising ideas or style of doing business or infringement of copyright, title, or slogan. B. Agreement Territory, means the United States of America, its territories and possessions, Puerto Rico and Canada. C. Automobile, means a land motor vehicle, trailer or semi -trailer designed for travel on public roads (including any machinery or apparatus attached thereto), but does not include mobile equipment. D. Blanket Coverage, means In the event of a claim, the Member's covered property coverage limit shall include the aggregate sum of agreed property values that were specified in the Member's Statement of Values and upon which the member's coverage and premiums were underwritten for the relevant coverage period. A blanket limit shall only apply when the designation `Blanket" is noted within the Member's Property, Allied Lines and Crime Declarations page and shall only apply to property described at a Scheduled Location. E. Bodily Injury, means disability, disfigurement, sickness or disease or death resulting from an occurrence and sustained by any person, and any loss, Injury or damages sustained by any person because of bodily injury, which occurs during the period of this Agreement, and assault of and battery committed for the purpose of protection of persons or property. F. Communicable Disease includes but Is not limited to Acquired Immune Deficiency Syndrome (AIDS), and any other sexually transmitted disease. G. Contractual Liability, means liability expressly assumed under a written contract or agreement; provided, however, that contractual liability shall not be construed as including liability under a warranty of the fitness or quality of the designated member's products or a warranty that work performed by or on behalf of the designated member will be done in a workmanlike manner; and provided, however, that contractual liability shall not be construed as including liability under any- hold harmless agreement or agreement to indemnify any non-public or private person, corporation, or entity under any contract or agreement. H. Designated Member, means the entity, organization or constitutional officer named in Item 1. or V. of the Declarations of this Agreement; designated member does not include employees or agents of that entity or organization. I. Designated Membees Products, means goods or products manufactured, sold, handled, or distributed by the designated member or by others trading under his name, including any container thereof (other than a vehicle), but "designated member's products" shall -not include a vending machine or any other property, rented to or located for use of others but not sold. J. Elevator, means any hoisting or lowering device to connect floors or landings, whether or not in service, and all appliances thereof; but does not include an automobile servicing hoist, a material hoist used in alteration, construction or demolition operations, or an inclined conveyor used exclusively for carrying property or a dumbwaiter. FMIT CA 1013 Page 3 of 18 K. Employee Benefits Program, means any pension and profit sharing plan; individual retirement account (IRA) plan; salary reduction plan under Internal Revenue Code 401 (k) or Amendments; employee stock subscription plan, savings plan; group plan for life, health, dental, disability, automobile, home owners, or legal services insurance; social secur4 system benefits; workers' compensation and unemployment insurance; travel and vacation plans; or educational tuition reimbursement plans created, administered or endorsed by a member. L. Employment Practices includes, but is not limited to any actual or alleged: 1. discrimination, (including but not limited to discrimination based upon age, gender, race, color, national origin, religion, sexual orientation or preference, pregnancy or disability); 2. employment -related misrepresentations) to an employee or applicant for employment with the Public Entity; 3. failure to grant tenure; 4. failure to provide or enforce adequate or consistent policies and procedure relating to any Employment Practices Violation; 5, harassment (including sexual harassment whether "quid pro quo", hostile work environment or otherwise); 6. retaliation (including lockouts) or alleged employment decisions involving violation of any state, or local whistleblower protection law; 7. violation of an individualls civil rights relating to any of the above but only if the Employment Practices Violation relates to an employee or applicant for employment with the Public Entity whether direct, indirect, intentional or unintentional; 8. -wrongful deprivation of career opportunity, wrongful demotion or negligent employee evaluation, including the giving of negative or defamatory statements in connection with an employee reference; 9. wrongful discipline; 10. wrongful dismissal, discharge or termination (either actual or constructive of employment, including breach of an implied contract; 11. wrongful failure to employ or promote. M. Errors and Omissions, means a claim for damages alleging liability for -any error, misstatement, omission, neglect or breach of duty by members while lawfully acting in their official capacity or lawfully acting within the scope of their employment, whether acting individually or collectively, excluding any claim based on a failure to properly effect any insurance coverage agreement or secure adequate insurance coverage from any insuring entity including the Trust and excluding any claim related to matters arising before the State of Florida Commission on Ethics, or any local ethics commission created by charter or ordinance which has jurisdiction over the alleged misconduct. N. Incidental Contract, means a written (a) lease of premises, (b) easement agreement, except in connection with construction or demolition operations on or adjacent to a railroad, FMIT CA 1013 Page 4 of 18 THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY ERRORS AND OMISSIONS LIABILITY ENDORSEMENT This endorsement issued by the Trust extends and modifies the provisions of the Agreement relating to liability for Public Officials Errors and Omissions as set forth below: It is agreed that as of the effective date hereof, .the Agreement is amended in the following particulars: I. The Coverage Agreement is amended to include the following additional coverage: Il. The Trust will pay all sums a member becomes legally obligated to pay to any person other than the member by reason of "Errors and Omissions" as defined in the agreement committed by a member acting in his official capacity which takes place during the period of this Agreement, subject to all terms, conditions, exclusions and limits of liability of the Agreement and this endorsement. Ill. The Definition Section is amended to Include the following additional definitions which shall apply exclusively to this endorsement. A. Member for purposes of coverage under this- endorsement shall not include any of the following individuals, boards, commissions, authorities, units or administrative departments or agencies of: 1. Schools 2. Airports 3. Hospitals B. Official Capacity means the capacity of a member while lawfully acting for or on behalf of the designated member, or while lawfully acting in aid of the duties or functions which come within the scope of the member's employment by the designated member. IV. The Exclusion Section of the Agreement is amended as follows for this endorsement: A. Exclusion L of the Agreement is amended to read: L. to bodily injury to any employee of the designated member arising out of and in the course of employment by the designated member or to any obligation of a member to indemnify another because of damages arising out of such injury; but this exclusion does not apply to liability assumed by. the designated member under an incidental contract. B. Exclusion BB of the Agreement is deleted. C. The following additional exclusions are included for purposes of this endorsement only; and this endorsement does not apply to claims for liability as to any member arising out of the following: 1. based upon or attributable to any member gaining -in fact any profit or advantage to which such member was not legally entitled, including remuneration paid In violation of law as determined by the courts; EMIT EO 1013 Page 1 of 5 2. brought about or contributed to by fraud, dishonesty, or bad faith of a member; however, notwithstanding the foregoing, the member shall be protected under the terms of this Agreement as to any claims upon which suit may be brought against them by reason or any alleged fraud or dishonesty on the part of any member, unless a judgment or other final adjudication thereof adverse to such member shall establish that acts of active or deliberate dishonesty or fraud committed by such member was material to the cause of action so adjudicated; 04 3. to any (a) liability arising out of estimates of probable costs or cost estimates* being exceeded or faulty preparation of bid specifications, or plans, or (b) injury to, destruction or disappearance of any tangible property (including money) or the loss of use thereof; 4. any claim demand or action seeking relief, or redress, in any form other than money damages, and any costs, fees, expenses or attorneys' fees relating to such claims; 5. to any obligation for which a member becomes obligated to pay future wages as a result of any alleged wrongful employment practice liability or employee benefits program liability. 6. to any Bodily Injury Liability, Property Damage Liability, Personal Injury Liability, Advertising Injury Liability, Products Liability and Completed Operations Hazard arising directly or indirectly out of a. any actual or alleged failure, malfunction or inadequacy due to the inability to correctly recognize, process, distinguish, interpret or accept the year 2000 and beyond by: (1) any of the following, whether belonging to any member or to others: (a) Computer application software; (b) Computer networks; (c) Microprocessors (computer chips) not part of any computer system; (d) Computer operating systems and related software; (e). Computer hardware, including microprocessors; or (f) Any other computerized or electronic equipment or components; or (2) any other products, and any services, data or functions that directly or indirectly use or rely upon, in any manner, any of the items listed in the preceding paragraph. b. any advice, consultation, design, evaluation, inspection, installation, maintenance, repair, replacement or supervision provided or done by you or for you to determine, rectify.or test for, any potential or actual_problems described in paragraph a. above. V. Under this endorsement, coverage is provided for any violation of Constitutional Rights of any person which creates a cause of action for damages by or on behalf of any such person under any one or more of the following Civil Rights Statutes: United States Code, Title 42, Section 1982 United States Code, Title 42, Section 1983 United States Code, Title 42, Section 1985 United States Code, Title 42, Section 1986 United States Code, Title 42, Section 12101 (ADA) United States Code, Title 29, Section 2601, et. seq. (FMLA) Civil Rights Act of 1991 V1. Coverage afforded by this endorsement is extended to include claims filed against a. designated member or member for wrongful Employment Practices, including claims arising before the Florida Public Employees Relation Commission, the State of Florida Commission on Human Relations and the Federal Equal Employment ti FMIT E41013 Page 2 of 5 Opportunity Commission, subject to the terms, conditions and exclusions of this endorsement and the terms, conditions and exclusions of the agreement. FMIT EO 1013 Page 3 of 5 EMPLOYEE BENEFITS -PROGRAM ADMINISTRATION LIABILITY ENDORSEMENT The endorsement .issued by the Trust extends and modifies the provision of the Agreement relating to liability for the administration of employee benefits programs as set forth below: I. The Coverage Agreement is amended to include the following additional coverage: The Trust will pay all sums a member becomes legally obligated to pay by reason of "Errors and Omissions" as defined in the Agreement,- or other negligent act, committed in the administration of the designated members' employee benefits for present or former employees, which take place during the period of this Agreement, subject to the terms, conditions, exclusions and limits of liability of the Agreement and this endorsement. I I. The Definition Section is amended to include the following additional definitions which shall apply exclusively to this endorsement: A. "Member" in this endorsement means only the designated member and individuals serving on boards or commissions for the purpose of administering employee benefits programs, acting within the scope of their authority by or on behalf of the designated member except as excluded herein. Be "Administration", wherever used, in this endorsement shall mean: 1. Giving counsel to employees, dependants and beneficiaries with respect to the "Employee Benefit Programs; 2. Interpreting the "Employee Benefit Programs", 3. Handling of records in connection with the "Employee Benefit Programs"; 4. Effecting enrollment, termination or cancellation of employees under the "Employee Benefit Programs"; provided all such acts are authorized by the "Designated Member". Ill. The Exclusions Section of the Agreement is amended as follows for this endorsement: A. Exclusion GG is deleted. Be The following additional exclusions are included for purposes of this endorsement only; and this endorsement does not apply to claims for liability as to any member arising out of the following: 1. As a result of dishonest, intentionally fraudulent, criminal or malicious acts or omissions of any member, however, this exclusion shall not apply to any member who did not: a) Personally participate in committing any such act or omission; or b) Remain passive after having personal knowledge of any such act or omission. 2. As a result of an intentional violation of any Workers' Compensation, Unemployment Insurance, Social Security or Disability Benefits law or administrative interpretation of such laws. 3, As a result of the failure to provide benefits because said benefits are not properly funded or the Trust's failure to comply with the terms of its contract. 4. As a result of advice given to any employee to participate or not to participate in any Stock Subscription, Individual Retirement Account, or Salary Reduction Plan. WIT EQ 1013 Page 4 of 5 5. As a result of the investment or non -investment of employee benefit funds. 6. As a result of the failure of any investment to perform as predicted or expected by a member. 7. As a result of the termination or failure of any employee benefit plan. 8. As a result of fines, taxes or penalties imposed by law or other matters for which coverage may not be available under law. 9. To any Bodily Injury Liability, Property Damage Liability, Personal Injury Liability, Advertising Injury Liability, Products Liability and Completed Operations Hazard arising directly or indirectly out of a. Any actual or alleged failure, malfunction or inadequacy due to the inability to correctly recognize, process, distinguish, interpret or accept the year 2000 and beyond by: (1) any of the following, whether belonging to any member or to others:. (a) Computer application software; (b) Computer networks; (c) Microprocessors (computer chips) not part of any computer system; (d) Computer operating systems and. related software; (e) Computer hardware, including. microprocessors; or (0 Any other computerized or electronic equipment or components; or (2) any other products, and any services, data or functions that directly or indirectly use or rely upon, in any manner, any of the items listed in the preceding paragraph. b. Any advice, consultation, design, evaluation, inspection, installation, maintenance, repair, replacement or supervision provlded.or done by you or for you to determine, rectify or test for, any potential or actual problems described in paragraph a. above. 10. To any claim which results from an activity, act or omission of a third party administrator, a firm or person, other than an employee of the Designated Member, who administers the designated member's employee benefit program. 11. To any claim for benefits that are lawfully paid or payable to a beneficiary from the funds of an "Employee Benefit Program". 12. To any claim that results from not having adequate insurance or bonds to protect the assets of an "Employee Benefit Program". 13. Based upon changes in the ultimate cost or level any benefit program available to any Employee of the Designated Member or changes made to any benefit program resulting from efforts of the Designated Member to comply with any tax laws or other laws which result in changes to the benefits available to any Employee of the Designated Member. FM IT E01013 Page 6 of 5 THIS ENDORSEMENT CHANGES THE AGREEMENT, PLEASE READ IT CAREFULLY SPECIFIC EXCESS ENDORSEMENT -GENERAL LIABILITY This endorsement, when issued by the Florida Municipal Insurance Trust, does not in any way modify the provisions of the Coverage Agreement. It does extend the monetary limits of liability, as stated in the Limits of Liability in the Declarations, as set forth below: • • • 2,000 000 combined single 'it is agreed that the specific limits of liab�l_ity are $, � t 9 limit) per occurrence, solely for any liability resulting from entry of a claims bill pursuant to Section 768.28(6) Florida Statutes or liability imposed pursuant to Federal Law, or to any liability resulting from actions taken* outside of the State of Florida where it Is determined by a court of competent jurisdiction that the liability limitations contained in Section 768.28(5), Florida Statutes, are inapplicable, if such liability is covered by the Agreement. The limits provided herein are inclusive of the $200,000 each person and $300,000 each occurrence liability limitations contained In Section 768.28 (5), Florida Statutes, but -in no way exceed $ 21000,000 (combined single limit) per occurrence. Exclusion Y is amended as follows: To any damages imposed by.an act of the legislature, except for claims bills passed by the legislature pursuant to Section 768.28(6), Florida* Statutes, against a member, for damages covered under the terms of this Agreement. WIT SE GL 1012 Page 1 of 1 THE HARTFDRD CRIMESHIELD" ADVANCED • DECLARATIONS FLORIDA HARTFDRD FIRE INSURANCE CO. HA.STFORD PLAZ61, HARTFORQ1 CT 061154 A stock insurance company, herein called the Insurer Policy Number: 21 FA Q23305■7.�.14 ITEM 1. Named Insured: Producer: Code, Dame and Address: CITY OF TAMARAC ITEM 2. Address 7525 NW 88TH AVENUE TAMARAC, FL 33321 90814 A J GALLAGHER RISK MNGMT SVCS 1 SOCA PL 2255 GLADES RD 400E BOCA RATON, FL 33431 ITEM 3, Policy Period: From 12:01 a.m. on 6/22114 Inception Date To 12:01 a.m. on 6/22/15 Expiration Date (Standardlin at 4ur mailingadess ITEM 4. Coverages, Limits of Insurance and Deductibles: Only Those Insuring Agreements That Are Designated With An "X" Are Included Under This Policy 0 Insuring Agreement I - Employee Theft E] Insuring Agreement 2 - Employee Theft Client Premises Limit of Insurance $190007000 $ NIA Insuring Agreement 3 - Computer And Funds Transfer $1,000,000 Fraud Insuring Agreement 4 - Inside The Premises Money, $1,000,000 Securities and Other Property Insuring Agreement 5 - outside The Premises Money, $1,000,000 Securities and Other Property �• Insuring Agreement 6 •- Depositors Forgery or Alteration $1,000,000 Insuring Agreement 7 • Credit, Debit Or Charge Card $N/A Forgery Insuring Agreement 8 - Money Orders And Counterfeit $50,000 Currency •[] Insuring Agreement 9 1. investigative Expenses $N/A �Insuring Agreement 10 - Computer Systems Restoration $NIA Expenses Insuring Agreement 11 - Identity Recovery Expenses $25,000 Reimbursement Deductible Amount $10, 000 $NIA $10,000 $10, 000 $10, 000 $103000 $N/A $0 $N/A $N/A $500 PREMIUM PER POLICY PERIOD: $ 5,905.00 FHCF EMER ASSESS $76.76 CA 09 H002 00 0909 0 2009, The Hartford Page 1 of 2 ITEM 5. Form numbers of Endorsements Forming Part of this Policy when Issued: SEE FORM GU207 (SCHEDULE OF FORMS AND ENDORSEMENTS) ITEM 6. Cancellation of Prior insurance: By acceptance of this Policy the "Insured" gives the Insurer notice cancelling prior policies or bonds numbered: 21 FA 0233057 the cancellations to be effective at the time this Policy becomes effective. ITEM 7. ADDRESS FOR NOTICES TO THE INSURER (A) For Claims. (E) For other than Claims: via mail: The Hartford Financial Products Claim Department via mail: The Hartford 277 Park Avenue, 15th Floor New York, NY 10172 Via email: HFPCIa1rng01hQb .corn via fax: (917) 464-6000 Authorized Representative 277 Park Avenue, 15th Floor New York, NY 10172 via email:.HFP`Express.).behartford.com via flax: 866-586-4550 06/26/14 Date CA 09 H002 00 0909 0 2009, The Hartford Page 2 of 2 ENDORSEMENT This endorsement, effective on 6/22/14 at 12:01 A.M standard time, forms a part of Policy No. 21 FA 4233057-14 of the HARTFORD FIRE INSURANCE CO. Issued to CITY OF TAMARAC SCHEDULE CA00H00300 09/09 THE HARTFORD CRIMESHIELD ADVANCED POLICY GU207 (6-• 8) d44_� 4 6 Andrb A. Napoli, President RN00000100 05/93 IN WITNESS PAGE 1 CA00H00700 09/09 JOINT INSURED 2 CA00HO9300 09/09 AMENDMENT FOR GOVERNMENTAL ENTITIES 3 CA00H09401 11/12 AMENDMENT FOR GOVERNMENTAL ENTITIES - INCLUDES COVERAGE FOR BONDED EMPLOYEES, TREASURERS 4 CAOOH10000 09109 ADD FAITHFUL PERFORMANCE OF DUTY - WITH SU3LIMIT 5 HRODHO4700 03/10 NAME OF COUNTERSIGNING PRODUCER ENDORSEMENT 6 CA09H00400 10/09 FLORIDA AMENDATORY 7 CA09HOOSOO 09/09 FLORIDA CANCELLATION AND NONRENEIVAL ENDORSEMENT Rev. Ed. Date (04/02) GU 207 (6-78) m ENDORSEMENT NO:1 This endorsement, effective 12:01 am, 6/22/14 farms part of policy number 21 FA 0233057-14 issued to: CITY OF TAMARAC by; HARTFORD FIRE INSURANCE CO. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. JOINT INSURED This endorsement modifies insurance provided under the following: THE HARTFORD CRIMESHIEL&M' ADVANCED POLICY Insuring Agreement 1 - Employee Theft Insuring Agreement 2 Employee Theft Client Premises Q Insuring Agreement 3 - Computer And Funds Transfer Fraud j Insuring Agreement 4 - Inside The Premises Money, Securities and Other Property C] Insuring Agreement 5 -Outside The Premises Moneys Securities and Other Property Insuring Agreement 5 - Depositors Forgery or Alteration j Insuring Agreement 7 - Credit, Debit Or Charge Card Forgery Q Insuring Agreement 8 - Money Orders And Counterfeit Currency Insuring Agreement 9 - Investigative Expenses Q Insuring Agreement 10 - Computer Systems Restoration Expenses j_ Insuring Agreement 11 - Identity Recovery Expenses Reimbursement Solely with respect to the Insuring Agreements Indicated above, the Polley Is amended as follows: The following Is/are added as a Named Insured': City of Tamarac -t-v City of Tamarac General Employees' Pension Trust Fund -� City of Tamarac Police Pension Trust Fund -" City of Tamarac Firefighters Pension Trust Fund -v-v Non -Represented Employees Pension Trust Fund* All other terms and conditions remain unchanged. CA 00 H007 00 0909 0 2009, The Hartford Page I of 2 ADMINISTRATIVE SERVICES AGREEMENT BETWEEN CITY OF TAMARAC FIREFIGHTERS' PENSION TRUST FUND THE CITY OF TAMARAC, FLORIDA This agreement made effective on the 1st day of January, 2015, by and between the City of Tamarac Firefighters' Pension Trust Fund (hereinafter referred to as "Retirement System"and the City of Tamarac, a Florida municipal corporation (hereinafter referred to as "City'. WITNESSETH: WHEREAS, Sections 16-342 and 16-343 of the Code of Ordinances of the City of Tamarac authorizes the Retirement System's Board of Trustees to administer the pension system in all of its details and to engage professional and technical services to administer the Retirement System's operations; and WHEREAS, the City has proposed to provide administrative services to the Retirement System's Board of Trustees at no cost to the Retirement System; and WHEREAS, the Retirement System's Board of Trustees is familiar with the experience and reputation of the City and its Human Resources and Finance Departments in rendering these services; and WHEREAS, the Retirement System has determined that it is in the best interest of the participants and beneficiaries of the fund to engage the services of the City upon the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and agreements contained herein, the parties agree as follows: Section 1 City A. Engagement —The Retirement System hereby engages and retains the City and the City hereby accepts the engagement and retainer by the Retirement System to serve as administrator of the Retirement System. B. Duties and Responsibilities —Without limiting the generality of the foregoing, it is mutually acknowledged and agreed that the City is engaged to perform those duties and responsibilities of the Retirement Administrative Services Agreement —COT and Firefighter's Pension Plan Page 2 of 6 System as administrator which are delegated to it in accordance with the express terms of this agreement. C. Limitation of Authority —The City shall not: 1. Exercise any discretionary authority or discretionary control respecting the policies, management or administration of the Retirement System; or 2. Exercise any independent authority or control with respect to the management or disposition of the assets of the Retirement System, except for the investment of short-term cash used to pay expenses and benefits as previously approved by the Board for the Retirement System; or 3. Render investment advice with respect to any monies or property of the Retirement System, except for the investment of short-term cash used to pay expenses and benefits. It is understood and agreed by the parties to this Agreement that should there be any disagreement between the City, acting solely in its capacity as the Retirement System's administrator, and the Retirement System regarding matters associated with benefits, benefit calculations, actuarial assumptions, investments, or such other administrative duties and responsibilities performed pursuant to this agreement, the determinations of the Retirement System, as the legal authority charged with the responsibility of administering the Retirement System, shall prevail. Section 2 Duration This agreement shall become effective on the 1st day of January, 2015 and shall continue until otherwise terminated in accordance with the terms of this Agreement. Section 3 Fees There shall be no fees for the provision of administrative services by the City to the Retirement System for the duration of this Agreement. Administrative Services Agreement —COT and Firefighter's Pension Plan Page 3of6 Section 4 Services The City shall be responsible for and in charge of all administrative services required of it by the Retirement System for the proper and complete administration of the fund. Without limiting the generality of the foregoing, the City shall perform the following services: A. Attend all meetings of the Retirement System Board of Trustees, committees and subcommittees and maintain the minutes of those meetings. B. Implement all policies and administrative related decisions of the Retirement System with regard to the Retirement System's daily operations. C. Maintain all documents and serve as the custodian of records as may be required by the Retirement System. D. Maintain statistical data for the Retirement System, the Retirement System"s auditor and actuary, including vesting, benefit accrual, compensation and eligibility history of participants when such are needed or required. E. Assist in the preparation and filing of all necessary government reports including all filings required for compliance with F.S. 175 by the Florida Division of Retirement. F. Properly, adequately and effectively respond to inquiries by active and retired participants or their beneficiaries, by the Retirement System or the Retirement System's designated service providers. G. Assist in the design and development of all communications between the Retirement System and the participants/beneficiaries. H. Attend any special meetings of the participants, as determined by the Retirement System or the City, for the purpose of assisting and explaining benefit coverage to participants and beneficiaries. I. Develop, establish and control proper procedures for the recording of all contributions, state insurance premium tax monies (afforded per F.S. 175), benefit payments, and disbursements of the Retirement System. Administrative Services Agreement —COT and Firefighter's Pension Plan Page 4 of 6 J. Routinely prepare and distribute to plan participants Summary Plan Descriptions (SPD), K. Process all applications for benefits under the fund, including applications for service-connected/non-duty disability retirement, coordinating of medical appointments and transmission of medical reports to the Retirement System Board of Trustees. L. Perform such other administrative and related advisory functions and services as may from time to time be requested by the Retirement System Board of Trustees. Section 5 Obligations of City It is mutually covenanted and agreed that all services rendered by the City to or on behalf of the Retirement System shall be performed with reasonable dispatch and shall be performed in a manner which is adequate and convenient to the Retirement System and the participants and beneficiaries of the Retirement System. The City shall familiarize itself with the basic documents under which the Retirement System is established and render all services in accordance with said documents. Section 6 Records A. The City shall be responsible for assisting in the maintenance of records of the fund, including in the computer system of the City. B. In the course of performing its administrative services hereunder, the notify the Retirement System of any information, records or reports necessary to maintain the business of the Retirement System and shall Retirement System in obtaining said information. Section 7 Reports City shall which are assist the The City shall work with and assist the Retirement System and their professional advisors in the preparation of records and reports to be filed with government departments or agencies, which are necessary to be disclosed and distributed to participants and beneficiaries, and in complying with public records requests. Administrative Services Agreement —COT and Firefighter's Pension Plan Page 5 of 6 Section 8 Disclosure of Records All information, including records and other data, which may come into the possession of the City shall be subject to disclosure and production to the extent required by the Public Records Act, Chapter 119, Florida Statutes, or upon compulsion of a subpoena issued by a court of competent jurisdiction. The City shall timely respond to all public records requests received by the Retirement System and shall keep all fees and charges paid by requestors. Section 9 Excluded Items It is understood and agreed by the parties that the City shall not be responsible for the performance of the Retirement System's outside auditing, legal or financial advisory services, except to the extent necessary to perform the City's duties hereunder. Notwithstanding, the City shall fully cooperate with any vendor or service provider, engaged by the Retirement System, in the performance of their duties as articulated herein. Section 10 Fidelity Bond and Insurance The City agrees to maintain an appropriate fidelity bond or employee dishonesty and errors and omissions insurance policy during the term of this agreement. The City shall provide copies of the proof of said bond and insurance on an annual basis to the Retirement System. A copy of the City's "Binder of Coverage" (effective 10/1/14) is attached hereto as Exhibit A. Section 11 Damages The City agrees it shall be liable to the Retirement System for any damages or losses, which the Retirement System or the fund may incur as the result of negligent or intentional acts or omissions of the City or breach of this agreement, subject to the monetary limits set forth in Fla. Stat. 768.28. Section 12 Governing Law This agreement has since been executed in Tamarac, Florida and shall be governed and construed in accordance with the laws of the State of Florida. Venue for any dispute shall be in Broward County, Florida. In the event that any action shall be Administrative Services Agreement —COT and Firefighter's Pension Plan Page 6of6 necessary for the enforcement of this agreement, the prevailing party shall recover its court costs, including reasonable attorneys fees. Section 13 Entire Agreement This agreement constitutes the entire understanding and agreement by the parties hereto and shall not be modified, amended or revoked except by the express written consent of the parties. Section 14 Termination This agreement may be terminated by the Retirement System on days' written notice, or by the City on ninety (90) days cause. In the event of a termination, the City agrees 1 days) turn over to the successor administrator or such Retirement System, all records, reports or documents System and in possession of the City. written notice, with ;o promptly (not to thirty (30) or without exceed 30 other party designated by the belonging to the Retirement IN WITNESS WHEREOF, the parties who caused this agreement to be executed on the date set forth. DATED at Tamarac, Florida this day of November, 2014. CITY OF TAMARAC FIREFIGHTERS' PENSION TRUST FUND By: Chairperson Print Name: Steve Korte CITY OF TAMARAC, FLORIDA rr city Manager Print Name: Michael C. Cernech olluf 04p a �r 'wow ► z w /A UT C NSUAAW mu FINANCIAL SUVICIS ISSUED TO: Florida League of Cities, Inc. Department of Insurance and Financial Services P.O. Box 530065 Orlando, FL 32853-0065 (407) 367-1850 / (800) 445-6245 / Fax: (407) 425-9378 City of Tamarac 7525 NW 88th Avenue Tamarac, FL 33321 F.MIT Number: 0584 BINDER OF COVERAGE THIS.IS TO CERTIFY THAT THE ABOVE NAMED MEMBER HAS SECURED COVERAGES THROUGH THE FOLLOWING SELF INSURANCE PROGRAM EFFECTIVE OCTOBER 019 2014 X lorida Municipal Insurance Trust EProperty Workers' Compensation EE General Liability Q Auto Liability Xa Auto Physical Damage This Binder of Coverage expires December 31, 2014 and will be replaced by a coverage document. Failure to pay premiums in accordance with the payment policies will necessitate cancellation of this binder. Date issued: September 19, 2014 Authorized Representative Limits of Liability and Deductible information are on file with the Administrator. Florida Municipal Insurance Trust I. DESIGNATED MEMBER: FLORIDA LEAGUE OF CITIES SPONSORED INSURANCE PROGRAMS DECLARATIONS City of Tamarac Address: 7525 NW 88th Avenue Tamarac, FL 33321 11. COVERAGE PERIOD From October 1, 2014 to October 1, 2015 12:01 A.M. Standard Time at the address of the Designated Member. Ill. AGREEMENT NUMBER Florida Municipal Insurance Trust (FMIT) FMIT #0584 IV. COVERAGES INCLUDED General Liability Automobile Property Workers' Compensation V. ESTIMATED ANNUAL PREMIUM Normal Expense Incentive Premium Constant Credit $11309,195 $200 $(315,919) Net Premium $993,476 October 1, 2014 Signature of Authorized Representative Date 0 FLORIDA MUNICIPAL INSURANCE TRUST GENERAL/PROFESSIONAL LIABILITY COVERAGE AGREEMENT DECLARATIONS 1. DESIGNATED MEMBER City of Tamarac II. GOVERNMENT DESCRIPTION Municipality 111, COVERAGE PERIOD Agreement No.: WIT #0584 From October 1, 2014 to October 1, 201512:01 A.M. Standard Time at the address of the Designated Member. IV. General/Professional Liability Payroll: 1. General Liability a. Broad Form Property Damage b. Extra Contractual Legal Expense c. Fire Legal Liability d. Medical Attendants'/Medical Directors' Malpractice Liability 2. Errors and Omissions Liability a. Employment Practices Liability b. Employee Benefits Program Administration Liability 3. Information Security & Privacy Liability THESE ARE CLAIMS MADE AND REPORTED COVERAGES Insuring Agreement I.A. a. Information Security & Privacy Liability Retroactive Date: 10/1 /2012 Insuring Agreement I.B. b. Privacy Notification Costs Retroactive Date: 10/1/2012 Insuring Agreement l.C. c. Regulatory Defense and Penalties Retroactive Date: 10/1 /2012 Insuring Agreement I.D. d. Website Media Content Liability Retroactive Date 10/1 /2012 Premium Deductible/ Basis Type Limit Net Premium $25,000DSL $2,000,000 $2751132 231541, 833 $251000DSL Per Form Included N/A $25,000 Included $251000DSL $500,000 Included $251000DSL $2,000,000 Included $251000DSL $2,000,000 Included $2510000SL $2,000,000 Included $2510000SL $2,000,000 Included $250,000 Each Claim $250,000 Agreement Aggregate Limit of Liability $25,000 Included Included $10,000 Included Included $25,000 Included Included $25,000 Included Included WIT GL DEC 1014 Page 1 of 3 Insuring Agreement I.E. e. PCI Fines and Costs Retroactive Date: 10/1/2012 Insuring Agreement I.F. f. Cyber Extortion Retroactive Date: 10/1/2012 Insuring Agreement 1. G. g. First Party Data Protection Retroactive Date: 10/1/2012 Insuring Agreement I.H. h. First Party Network Business Interruption Retroactive Date: 10/1/2012 $25,000 Included Included $35,000 Included Included $35,000 Included Included $35,000 included Included V. This agreement includes these endorsements and schedules: See Schedule A VI. ESTIMATED ANNUAL PREMIUM Florida Municipal Insurance Trust (FMIT) Normal Premium $413,453 Incentive Credit $(138,321) Net Premium $275,132 Florida League of Cities Sponsored Insurance Programs Since 1977 THIS DECLARATIONS AND THE SUPPLEMENTAL DECLARATIONS, TOGETHER WITH THE COMMON CONDITIONS, COVERAGE FORM(S) AND ENDORSEMENTS COMPLETE THE ABOVE NUMBERED AGREEMENT. FMIT GL DEC 1014 Page 2 of 3 r FMIT GENERAL/PROFESSIONAL LIABILITY COVERAGES October 1, 2014 - October 1, 2015 Schedule Coverage Forms List EMIT #0584 Schedule A Form # Description General Liability Common FMIT TRAG 1014 Trust Agreement FMIT CA 1014 Coverage Agreement FMIT DSL 1011 Deductible StopLoss Endorsement General Liability FMIT BFPD 1010 Broad Form Property Damage Endorsement FMIT ECLE 1013 Extra Contractual Legal Expense Endorsement FMIT FLL 1012 Fire Legal Liability Endorsement FMIT MA 1007 Medical Attendants' / Medical Directors' Malpractice Liability Endorsement FMIT EO 1013 Errors and Omissions Liability Endorsement FMIT IC BH 1014 Inverse Condemnation and Bert J. Harris Jr. Private Property Rights Protection Act FMIT SE GL 1012 Specific Excess Endorsement - General Liability FMIT PNL 1012 Privacy/Network Security Liability FMIT PNLX 1012 First Party Computer Security Coverage FMIT CIE 1011 Crisis Intervention Expense Endorsement FMIT SBU 1011 Sewerline Backup and Initial Cleanup Expense FMIT GL DEC 1014 Page 3 of 3 DEFINITIONS The following definitions apply throughout this Agreement unless modified or excluded: A. Advertising Injury; means injury arising out of -an offense committed duririg the Agreement period occurring in the course of the designated members advertising activities; if such injury arises out of libel, slander, defamation, violation of right of privacy, oral or written publication of material, misappropriation of advertising ideas or style of doing business or infringement of copyright, title, or slogan. B. Agreement Territory, means the United States of America, its territories and possessions, Puerto Rico and Canada. C. Automobile, means a land motor vehicle, trailer or semi -trailer designed for travel on public roads (including any machinery or apparatus attached thereto), but does not include mobile equipment. D. Blanket Coverage, means in the event of a claim, the Member's covered property coverage limit shall include the aggregate sum of agreed property values that were specified In the Member's Statement of Values and upon which the member's coverage and premiums were underwritten for the relevant coverage period. A blanket limit shall only apply when the designation "Blanket" is noted within the Member's Property, Allied Lines and Crime Declarations page and shall only apply to property described at a Scheduled Location. E. Bodily Injury, means disability, disfigurement, sickness or disease or death resulting from an occurrence and sustained by any person, and any loss, injury or damages sustained by any person because of bodily Injury, which occurs during the period of this Agreement, and assault of and battery committed for the purpose of protection of persons or property. F. Communicable Disease Includes but is not limited to Acquired immune Deficiency Syndrome (AIDS), and any other sexually transmitted disease. G. Contractual Liability, means liability expressly assumed under a written contract or agreement; provided, however, that contractual liability shall not be construed as including liability under a warranty of the fitness or quality of the designated member's products or a warranty that work performed by or on behalf of the designated member will be done in a workmanlike manner; and provided, however, that contractual liability shall not be construed as including liability under any- hold harmless agreement or agreement to indemnify any non-public or private person, corporation, or entity under any contract or agreement. H. Designated Member, means the entity, organization or constitutional officer named in Item I. or V. of the Declarations of this Agreement; designated member does not include employees or agents of that entity or organization. 1. Designated Membees Products, means goods or products manufactured, sold, handled, or distributed by the designated member or by others trading under his name, including any container thereof (other than a vehicle), but "designated member's products" shall -not include a vending machine or any other property, rented to or located for use of others but not sold. J. Elevator, means any hoisting or lowering device to connect floors or landings, whether or not in service, and all appliances thereof; but does not include an automobile servicing hoist, a material hoist used in alteration, construction or demolition operations, or an inclined conveyor used exclusively for carrying property or a dumbwaiter. FM IT CA 1013 Page 3 of 16 K. Employee Benefits Program, means any pension and profit sharing plan; individual retirement account (IRA) plan; salary reduction plan under Internal Revenue Code 401 (k) or Amendments; employee stock subscription plan, savings plan; group plan for life, health, - dental; disability; --automobile; -home--owners,--or-legal-ser-vices-insur-ance;-social-security-- system beneffts; workers' compensation and unemployment insurance; travel and vacation plans; or educational tuition reimbursement plans created, administered or endorsed by a member. L. Employment Practices includes, but is not limited to any actual or alleged: I . discrimination, (including but not limited to discrimination based upon age, gender, race, color, national origin, religion, sexual orientation or preference, pregnancy or disability); 2. employment -related misrepresentation(s) to an employee or applicant for employment with the Public Entity; 3. failure to grant tenure; 4. failure to provide or enforce adequate or consistent policies and procedure relating to any Employment Practices Violation; 5. harassment (including sexual harassment whether "quid pro quo", hostile work environment or otherwise); 6. retaliation (including lockouts) or alleged employment decisions involving violation of any state, or local whistlebiower protection law; 7. violation of an individual'y civil rights relating to any of the above but only If the Employment Practices Violation relates . to an employee or applicant for employment with the Public Entity whether direct, indirect, intentional or unintentional; 8. wrongful deprivation of career opportunity, wrongful demotion or negligent employee evaluation, including the giving of negative or defamatory statements in connection with an employee reference; 9. wrongful discipline; 10. wrongful dismissal, discharge or termination (either actual or constructive of employment, including breach of an Implied contract; 11. wrongful failure to employ or promote. M. Errors and Omissions, means a claim for damages alleging liability for -any error, misstatement, omission, neglect or breach of duty by members while lawfully acting in their official capacity or lawfully acting within the scope of their employment, whether acting individually or collectively, excluding any claim based on a failure to properly effect any insurance coverage agreement or secure adequate Insurance coverage from any insuring entity including the Trust and excluding any claim related to matters arising before the State of Florida Commission on Ethics, or any local ethics commission created by charter or ordinance which has jurisdiction over the alleged misconduct. N. Incidental Contract, means a written (a) lease of premises, (b) easement agreement, except in connection with construction or demolition operations on or adjacent to a railroad, EMIT CA 1013 Page 4 of 18 THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY ERRORS AND OMISSIONS LIABILITY ENDORSEMENT This endorsement Issued by the Trust extends and modifies the provisions of the Agreement relating. to liability for Public Officials Errors and Omissions as set forth below: It is agreed that as of the effective date hereof, .the Agreement is amended in the following particulars: I. The Coverage Agreement is amended to include the.folloWng additional coverage: 11. The Trust will pay all sums a member becomes legally obligated to pay to any person other than the member by reason of "Errors and Omissions" as defined In the agreement committed by a member acting in his official capacity which takes place during the period of this Agreement, subject to all terms, conditions, exclusions and limits of liability of the Agreement and this endorsement., III. The Definition Section is amended to include the following additional definitions which shall apply exclusively to this endorsement, A. Member for purposes of coverage under this- endorsement shall not include any of the following individuals, boards, commissions, authorities, units or administrative departments or agencies of: 1. Schools 2. Airports 3. Hospitals B. Official Capacity means the capacity of a member while lawfully acting for or on behalf of the designated member, or while lawfully acting in aid of the duties or functions which come within the scope of the member's employment by the designated member. IV. The Exclusion Section of the Agreement is amended as follows for this endorsement: A. Exclusion L of the Agreement is amended to read: L. to bodily Injury to any employee of the designated member arising out of and in the course of employment by the designated member or to any obligation of a member to indemnify another because of damages arising out of such injury; but this exclusion does not apply to liability assumed by the designated member under an incidental contract. B. Exclusion BB of the Agreement is deleted. C. The following additional exclusions are included for purposes of this endorsement only; and this endorsement does not apply to claims for liability as to any member arising out of the following: 1. based upon or attributable to any member gaining 'in fact any profit or advantage to which such member was not legally entitled, including remuneration paid in violation of law as determined by the courts; FMIT EO 1013 Page 1 of 5 2. brought about or contributed to by fraud, dishonesty, or bad faith of a member; however, notwithstanding the foregoing, the member shall be protected under the terms of this Agreement as to any claims upon which suit may be brought' again'st them by reason or any alleged fraud or - -dlshonesty=on-the-part-of-any -member, -uniess--a judgment -or -other -final - adjudication thereof adverse to such member shall establish that acts of active or deliberate dishonesty or fraud committed by such member was material to the cause of action so adjudicated; 3. to any (a) liability arising out of estimates of probable costs or cost estimates* being exceeded or faulty preparation of bid specifications, or plans, or (b) injury to, destruction or disappearance of any tangible property (including money) or the loss of use thereof; 4. any claim demand or action seeking relief, or redress, in any form other than money dameQes, and any costs, fees, expenses or attorneys' fees relating to such claims; 5. to any obligation for which a member becomes obligated to pay future wages as a result of any alleged wrongful employment practice liability or employee benefits program liability. 6. to any Bodily injury Liability, Property Damage Liability, Personal Injury Liability, Advertising injury Liability, Products Liability and Completed Operations Hazard arising directly or indirectly out of a. any actual or alleged failure, malfunction or inadequacy due to the inability to correctly recognize, process, distinguish, interpret or accept the year 2000 and beyond by: (1) any of the following, whether belonging to any member or to others: (a) Computer application software; (b) Computer networks; (c) Mlcroprocessors (computer chips) not part of any computer system; (d) Computer operating systems and related software; (e). Computer hardware, including microprocessors; or (f) Any other computerized or electronic equipment or components; or (2) any other products, and any services, data or functions that directly or indirectly use or rely upon, In any manner, any of the items listed in the preceding paragraph. b. any advice, consultation, design, evaluation, inspection, installation, maintenance, repair, replacement or supervision provided or done by .you or for you to determine, rectify. or test for, any potential or actual_problems described in paragraph a. above. V. Under this endorsement, coverage is provided for any violation of Constitutional Rights of any person which creates a cause of action for damages by or on behalf of any such person under any one or more of the following Civil Rights Statutes: United States Code, Title 42, Section 1982 United States Code, Title 42, Section 1983 United States Code, Title 42, Section 1985 United States Code, Title 42, Section 1986 United States Code, Title 42, Section 12101 (ADA) United States Code, Title29, Section 2601, et. seq. (FMLA) Civil Rights Act of 1991 V1. Coverage afforded by this endorsement is extended to include claims filed against a. designated member or member for wrongful Employment Practices, including claims arising before the Florida Public Employees Relation Commission, the State of Florida Commission on Human Relations and the Federal Equal Employment FMIT E01013 Page 2 of 5 Opportunity Commission, subject to the terms, conditions and exclusions of this endorsement and the terms, conditions and exclusions of the agreement. FM IT EO 1013 Page 3 of 6 EMPLOYEE BENEFITS -PROGRAM ADMINISTRATION LIABILITY ENDORSEMENT The endorsement .issued by the Trust extends and modifies the provision of the Agreement -relatirng=to-liability-for-the-administration--of-empioyee- benefits--programs-as-set-fodh--below:- - 1. The Coverage Agreement is amended to include the following additional coverage: The Trust will pay all sums a member becomes legally obligated to pay by reason of "Errors and Omissions" as defined in the Agreement,* or other negligent act, committed in the administration of the designated members' employee benefits for present or former employees, which take place during the period of this Agreement, subject to the terms, conditions, exclusions and limits of liability of the Agreement and this endorsement. il. The Definition Section is amended to include the fiollouving additional definitions which shall apply exclusively to this endorsement: A. "Member" in this endorsement means only the designated member and individuals serving on boards or commissions for the purpose of administering employee benefits programs, acting within the scope of their authority by or on behalf of the designated member except as excluded herein. B. "Administration", wherever used, in this endorsement shall mean: 1. Giving counsel to employees, dependants and beneficiaries with respect to the "Employee Benefit Programs"; 2. Interpreting the "Employee Benefit Programs'; 3. Handling of records in connection with the "Employee Benefit Programs"; 4. Effecting enrollment, termination or cancellation of employees under the "Employee Benefit Programs"; provided all such acts are authorized by the "Designated Member". ill. The Exclusions Section of the Agreement is amended as follows for this endorsement: A. Exclusion GG is deleted. B. The following additional exclusions are Included for purposes of this endorsement only; and this endorsement does not apply to claims for liability as to any member arising out of the following: 1. As a result of dishonest, intentionally fraudulent, criminal or malicious acts or omissions of any member, however, this exclusion shall not apply to any member who did note. a) Personally participate in committing any such act or omission; or b) Remain passive after having personal knowledge of any such act or omission. 2. As a result of an intentional violation of any Workers' Compensation, Unemployment Insurance, Social Security or Disability Benefits law or administrative interpretation of such laws. 3. As a result of the failure to provide benefits because said benefits are not properly funded or the Trust's failure to comply with the terms of its contract. 4. As a result of advice given to any employee to participate or not to participate in any Stock Subscription, Individual Retirement Account, or Salary Reduction Plan. FMIT E01013 Page 4 of 5 s FMIT EO 1013 5. As a result of the investment or non -investment of employee benefit funds. 6. As a result of the failure of any investment to perform as predicted or expected by a member. 7. Asa result of the termination or failure of any ernpioyee benefit plan. 8. LL As a result of fines, taxes or penalties imposed by law or other matters for which coverage may not be available under law. 9. To any Bodily Injury Liability, Property Damage Liability, Personal Injury Liability, Advertising. injury Liability, Products Liability and Completed Operations Hazard arising directly or indirectly out of a. Any actual or alleged failure, malfunction or .inadequacy due to the inability to correctly recognize, process, distinguish, interpret or accept the year 2000 and beyond by, (1) any of the following, whether belonging to any member or to others:. (a) Computer application software; (b) Computer netvvorks; (c) Microprocessors (computer chips) not part of any computer system; (0) Computer operating systems and. related software; (e) Computer hardware, includlhg. microprocessors; or (f) Any other computerized or electronic equipment or components; or (2) any other products, and any services, data or functions that directly or indirectly use or rely upon, in any manner, any of the items listed in the preceding paragraph. b. Any advice, consultation, design., evaluation, inspection, installation, maintenance, repair, replacement or supervision provided.or done by you or for you to determine, rectify or test for, any potential or actual problems described in paragraph a. above. 10. To any claim which results from an activity, act or omission of a third party administrator, a firm or person, other than an employee of the designated Member, who administers the designated member's employee benefit program. 11. To any claim for benefits that are lawfully paid or payable to a beneficiary from the funds of an "Employee Benefit Prog ram" . 12. To any claim that results from not having adequate insurance or bonds to protect the assets of an "Employee Benefit Program". 13. Based upon changes in the ultimate cost or level any benefit program available to any Employee of the Designated Member or changes made to any benefit program resulting from efforts of the Designated Member to comply with any tax laws or other laws which result in changes to the benefits available to any Employee of the Designated Member. Page 5 of 5 THIS ENDORSEMENT CHANGES THE AGREEMENT, PLEASE READ IT CAREFULLY SPECIFIC EXCESS ENDORSEMENT - GENERAL LIABILITY - - This endorsement, when issued by the Florida Municipal Insurance Trust, does not in any Way modify the provisions of the Coverage Agreement. It does extend the monetary limits of liability, as stated in the Limits of Liability in the Declarations, as set forth below: 'it is agreed that the specific limits of liability are $ 210003000 (combined single limit) per occurrence, solely for any liability resulting from entry of a claims bill pursuant to Section 768.28(5) Florida Statutes or liability imposed pursuant to Federal Law, or to any liability resulting from actions taken' outside of the State of Florida where it Is determined by a court of competent jurisdiction that the liability limitations contained in Section 768,28(5), Florida Statutes, are inapplicable, if such liability is covered by the Agreement. The limits provided herein are Inclusive of the $240,000 each person and $300,000 each occurrence liability limitations contained In Section 768.28 (6), Florida Statutes, but -im noway exceed $_ .2,00�0,00,0 (combined single limit) per occurrence. Exclusion Y is amended as follows: To any damages imposed by an act of the legislature, except for claims bills passed by the legislature pursuant to Section 768.28(5), Florida' Statutes_, against a member, for damages covered under the terms of this Agreement. ' EMIT SE GL 1012 Page 1 of 1 t THE HARTFORD CRIMESHIELDa" ADVANCED DECLARATIONS HARTFORD FIRE INSURANCE CO. HARTFQR PLAZA. ,ARIE.ORD— CTw06115, A stock insurance company, herein called the Insurer Policy Number: 21 FA Q23.057M14 M 1. Named insured: CITY OF TAMARAC 2. address 7525 NW 88TH AVENUE TAMARAC, FL 33321 Producer: Code, and Address: 90814 A J GALLAGHER RISK MNGMT SVCS 1 BOCA PL 2255 GLADES RD 400E BOCA RATAN, FL 33431 ITEM 3, Policy Period: From 12:01 a.m. on 6/22/14 Inception Date To 12:01 a.m. on 6/22/16 Expiration Date (Standard Time at yaur„mailing address ITEM 4, Coverages, Limits of Insurance and Deductibles: Only Those Insuring Agreements That Are Designated With An "X" Are Included Under This Policy 0 Insuring Agreement 1 - Employee Theft E• Insuring Agreement 2 - Employee Theft Client Premises Limit of Insurance $1,0001004 $NIA � Insuring Agreement 3 - Computer And Funds Transfer $1,000,000 Fraud :j Insuring Agreement 4 - Inside The Premises Money, $1,000,000 Securities and tither Property ® Insuring Agreement 5 - outslde The Premises Money, $1,000,000 Securities and lather Property Insuring Agreement 6 • Depositors Forgery or Alteration $1,000,000 Insuring Agreement 7 Credit, Debit Or Charge Card $NIA Forgery Insuring Agreement 8 - Money Orders And Counterfeit $50,000 Currency *El Insuring Agreement 9 - Investigative Expenses $NIA Insuring Agreement 10 M Computer Systems Restoration $NIA Expenses Insuring Agreement 11 IN Identity Recovery Expenses $25,000 Reimbursement PREMIUM PER POLICY PERIOD: $ 5,905.00 FHCF EMER ASSESS $76.76 CA 09 H002 00 0909 O 2009, The Hartford Deductible Amount $103000 $NIA $10,000 $10,000 $10,000 $10,000 $NIA $0 $N/A $N/A $500 Page 1 of 2 ITEM 5. Form numbers of Endorsements Forming Part of this Policy when issued: SEE FORM GU207 .(SCHEDULE OF FORMS.AND ENDORSEMENTS)__ ITEM 6. Cancellation of Prior Insurance: By acceptance of this Policy the "insured" gives the insurer notice cancelling prior policies or bonds numbered: 21 FA 0233057 the cancellations to be effective at the time this Policy becomes effective. ITEM[ 7. ADDRESS FOR NOTICES TO THE INSURER (A) For Claims: via mail: The Dartford Financial Products Claim Department 277 Park Avenue, 15th Floor New York, NY 10172 via email: HPPClals0-t formic .com via fax: (917) 464-6000 Authorized Representative (B) For other than Claims; via mail: The Hartford 277 Park Avenue, 15th Floor New York, NY 10172 via email: ,H FExpress( thehartfQr_ .om via fax: 866-586-4660 06/26114 1?ate CA 09 H002 00 0909 0 2009, The Hartford Page 2 of 2 r q. w , GU207 (648) ENDORSEMENT _ -- - -�_ --- - - - - -- - - This endorsement, effective on 6/22/14 at 12:01 A.M standard time, forms a part of Policy No. 21 FA 0233057-14 of the HARTFORD FIRE INSURANCE CO. Issued to CITY OF TAMARAC Andr6 A. Napoll, President SCHEDULE CA00H00300 09/09 THE HARTFORD CRIMESHIELD ADVANCED POLICY RN00000100 06/93 IN WITNESS PAGE 1 CA00HOO700 09109 JOINT INSURED 2 CA00HO9300 09/09 AMENDMENT FOR GOVERNMENTAL ENTITIES 3 CA00HO9401 11/12 AMENDMENT FOR GOVERNMENTAL ENTITIES • INCLUDES COVERAGE FOR BONDED EMPLOYEES, TREASURERS 4 CA00H10000 09/09 ADD FAITHFUL PERFORMANCE OF DUTY - WITH SUBLIMIT 5 HROOH04700 03/10 NAME OF COUNTERSIGNING PRODUCER ENDORSEMENT 6 CA09HOO400 10/09 FLORIDA AMENDATORY 7 CA09H00500 09/09 FLORIDA CANCELLATION AND NONRENEIVAL ENDORSEMENT Rev. Ed. Date (04/02) GU 207 (6-78) This endorsement, effective '12:01 am, 6/22/14 -.-- 2'1--FA 023305T,14------ _ ----- - - - - issued to: CITY OF TAMARAC by: HARTFORD FIRE INSURANCE CO. ENDORSEMENT N0:1 forms part THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY% JOINT INSURED This endorsement modifies insurance provided under the following: THE HARTFORD CRIMESN1LLDPM ADVANCED POLICY d Insuring Agreement'I - Employee Theft Insuring Agreement 2 - Employee Theft Client Premises � Insuring Agreement 3 - Computer And Fur)ds Transfer Fraud Insuring Agreement 4 - Inside The Premises Money, Securities and Other Propert Insuring Agreement 5 - outside The Premises Money, Securities and Other Property j Insuring Agreement 6 - Depositors Forgery or Alteration Insuring Agreement 7 - Credit, Debit Or Charge Card Forgery S Insuring Agreement 8 - Money orders And Counterfeit Currency Insuring Agreement g ,, Investigative Expenses Insuring Agreement 10 - Computer Systems Restoration Expenses .. Insuring Agreement I I - identity Recovery Expenses Reimbursement Solely with respect to the Insuring Agreements indicated above, the Policy is amended as follows: The following is/are added as a "Named insured": - City of Tamarac -� City of Tamarac General Employees' Pension Trust Fund City of Tamarac Police Pension Trust Fund City of Tamarac FirefIghters Pension Trust Fund -Y-v Non -Represented Employees Pension Trust Fund* All other terms and conditions remain unchanged. CA 00 H007 00 0909 0 2009, The Hartford Page I of 2