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2002-09-03 Regular396 CITY OF OKEECHOBEE SEPTEMBER 3,2002 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION PAGE 1 OF 12 11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE 11 1. CALL TO ORDER - Mayor: September 3, 2002, City Council Regular Meeting, immediately following the Mayor Kirk called the September 3, 2002 Regular City Council Meeting to order at 5:34 p.m. Budget Hearing. I Ill. OPENING CEREMONIES: Invocation offered by Pastor Dave San Martin; Pledge of Allegiance led by Mayor Kirk. Ill. MAYOR, COUNCIL AND STAFF ATTENDANCE -City Clerk. Mayor James E, Kirk Council Member Noel A. Chandler Council Member Robert Oliver Council Member Dowling R. Watford, Jr. Council Member D. Clayton Williams, Jr, City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea Secretary Adriana Berry IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Proclaim November 5, 2002 as the General City Election for the purpose of electing three (3) Council Members and a City Clerk. Invocation was offered by Pastor Dave San Martin; Mayor Kirk led the pledge of allegiance. City Clerk Thomas called the roll: Present Present Present Present Present Present Present Present Absent Present WHEREAS, under and by virtue of the provisions of the Charter of the City of Okeechobee, and Florida State Law, it is the duty of the Mayor to proclaim and call General City Elections at the time and manner provided there in. NOW, THEREFORE, I James E. Kirk, Mayor of the City of Okeechobee, Florida Do hereby PROCLAIM AND DECLARE that a GENERAL CITY ELECTION be held by the duly qualified electors of the City of Okeechobee, Florida, on Tuesday, November 5,2002, during the regular hours of voting, to wit: from 7:00 a.m. to 7:00 p.m., forthe purpose of electing thefollowing officers to serve as such forfour (4) years beginning January 7,2003 and ending January 2, 2007 following such election or until their successors are elected and qualified: THREE (3) COUNCIL MEMBERS AND A CITY CLERK. Said election shall be held in the County polling or SEPTEMBER 3, 2002 - REGULAR MEETING - PAGE 2 OF 12 397 11 AGENDA III COUNCIL ACTION - DISCUSSION -VOTE 11 kyj V. M PRESENTATIONS AND PROCLAMATIONS - Mayor continued. A. Proclaim November 5, 2002 as the General City Election for the purpose of electing three (3) Council Members and a City Clerk continued. MINUTES - City Clerk. voting places within the Municipal precincts fo the duly qualified City electors, which precincts have been established -by the Okeechobee Board of County Commissioners and Supervisorof Elections forthe General Election of Okeechobee County. IN TESTIMONY AND WITNESS of foregoing Notice of Election, I have hereunto set my hand as Mayor of the City of Okeechobee, Florida, and caused the corporate seal of said City to be affixed, and aftested to by the City Clerk, this 31dday of September, 2002. A. Motion to dispense with the reading and approve the Summary of Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action - for the Council Action for the August 19, 2002 Budget Workshop, the August 19, 2002 Budget Workshop, the August 20, 2002 Regular Meeting and the August 26, 2002 Budget Workshop; August 20, 2002 Regular Meeting and the August 26, 2002 Budget seconded by Council Member Oliver. Workshop. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's Mayor Kirk asked whetherthere were any requests forthe addition, deferral orwithdrawals of items on today's agenda. agenda. 11� There were none. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.I.) Motion to read by title only, proposed Ordinance No. 801 closing the Council Member Watford moved to read by fitle only, proposed Ordinance No. 801 closing the alleyways in Block 111 alleyways in Block 111 and 120 City of Okeechobee - City Attorney and 120 City of Okeechobee; seconded by Council Member Williams, (Exhibit 1). 1 %IN SEPTEMBER 3,2002 - REGULAR MEETING - PAGE 3 OF 12 AGENDA VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor continued. b. Vote on motion to read by title only. c. City Attorney to read proposed Ordinance No. 801 by title only 2.a) Motion to adopt proposed Ordinance No. 801. b. Public Comments, c. Vote on motion. COUNCIL ACTION - DISCUSSION - VOTE VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. City Attorney read proposed Ordinance No, 801 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY'S OR ALLEYWAY'S LOCATED IN BLOCKS 111 AND 120, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." Council Member Oliver moved to adopt proposed Ordinance No. 801; seconded by Council Member Chandler. Mayor Kirk asked if there were any questions or comments from the public. There were none. There was a short discussion between the Council and Staff regarding the use of the alley, and the certified letters mailed out to the surrounding property owners, City Clerk Thomas stated that there were thirty five letters mailed to the property owners, and three were returned unclaimed. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. SEPTEMBER 3,2002 - REGULAR MEETING - PAGE 4 OF 12 399 I AGENDA M COUNCIL ACTON - DISCUSSION - VOTE R CLOSE PUBLIC HEARING - Mayor. V11111 NEW BUSNESS. A. Motion to adopt proposed Resolution No. 02-11 related to the provision of Solid Waste Collection Disposal Services - City Attorney (Exhibit 2). Mayor Kirk closed the Public Heating at 5:41 p.m. Council Member Watford moved to adopt proposed Resolution No. 02-11 related to the provision of Solid Waste Collection Disposal Services; seconded by Council Member Oliver. City Attorney read proposed Resolution 02-11 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA RELATING TO THE PROVISION OF SOUD WASTE COLLECTION AND DISPOSAL SERVICES; CONTINUING IMPOSITION OF THE SOLID WASTE COLLECTION ASSESSMENT PREVIOUSLY ESTABLISHED BY RESOLUTION 01-08; ADOPTING THE ANNUAL RATE RESOLUTION AS PERMITTED BY ORDINANCE 784; APPROVING AND CERTIFYING THE SOLID WASTE ASSESSMENT ROLL AS AUTHORIZED BY FLORIDA STATUTES 197.3632 (4XS) AS NECESSARY UNDER FLORIDA STATUTES 197.3632; PROVIDING FOR PUBLIC HEARING AND COMMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE.00 City Attorney Cook advised Council they should omit numbers one through ten in Section Six from Resolution 02-11, since they were included in the Resolution but do not pertain to it. Motion and second withdrawn. Council Member Watford moved to adopt proposed Resolution No. 02-11 omitting numbers one through ten in Section Six relating to the provision of Solid Waste Collection Disposal Services. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 400 SEPTEMBER 3, 2002 - REGULAR MEETING - PAGE 5 OF 12 AGENDA COUNCIL ACTION - DISCUSSION -VOTE VIII NEW BUSINESS continued. B. Review insurance proposals and approve contract - City Note: Due to the past histo!y of this vital subject and the involved guestion and answer session of tonight's Administrator (Exhibit 3). meeting, I prepared the follovAng, (near), verbatim of the PRM insurance proposal discussion for Council's I reference and the City's record. -- Clerk Thomas: Mayor Kirk: The next item we have is to review insurance proposals and to approve a contract, We havejustone bid? Is that correct? Administrator Veach: Correct Mayor. Public Risk Management of Florida, our current carrier was the only proposal that we received, You got that in your packets and the total cost of their proposal was $166,662.00. And I believe there are representatives of the company here. Mayor Kirk: How does that match up with what we were looking for number wise? Administrator Veach:. That is about $3,000 less than we had allotted for the budget. Three or four thousand dollars than we had put into the budget. So it came in about where we had anticipated. Councilman Williams: What was it last year? (Donna, City Finance Account Clerk responded from the audience, $111,000.00). Mayor Kirk: So it's an increase of about $55,000.00 Any questions? This is a lot to read to try to.... Councilman Watford: Yeah. Are we actually going to act on this tonight? I'd understood that we didn't know whether we were going to act on this tonight. Administrator Veach: That's at your discretion, you can. You don't have to but you have to by the next City Council meeting in order to notify the pool of our intent to stay in or opt out Councilman Oliver: But we have no other proposals. So we really have no other choice than to approve this. Mayor Kirk: Unless there is something in there that you see that you think is real bad, I know we have an insurance person sifting up here. Councilman Watford: Is this one of the, I know this is what we've had before but is itjust this past year or for how long? Donna, City Finance Account Clerk, "it started in 1999". Administrator Veach: Three years. Councilman Watford: And since we've had bad experience with a pool situation before, is this similar or better or.... Administrator Veach: I think Councilman, that question may be best addressed to the insurance professionals who are providing this. But if you want my opinion, if we want to look at issues of re -insurance and those types of situations where we got into trouble before, they can certainly answer your questions, I believe, on that matter better than I can. SEPTEMBER 3,2002 - REGULAR MEETING - PAGE 6 OF 12 q01 11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE 11 Vill NEW BUSINESS continued. B. Review insurance proposals and approve contract - City Councilman Watford: I have never heard John Spyker, (Insurance Representative), be this quiet... I was kidding.. Administrator continued. Mayor Kirk: Re -insurance is something I think we would like to hear an answer on. PRM Insurance. Representative, Paul Erickson of J. Gallagher Company, provider of Public Risk Management, (Worker's Compensation and Liability), commented to Council that obviously when we wrote this you were with Governmental Risk Insurance Trust. Who did go out of business. And the difference between that and this pool, it is we have low, it is a self insured pool. We have 100,000 self insured potential, property; Liability 100,000; and 150,000. for Workers Compensation. And then to pay those self insurers retention, it comes out of what we call a loss fund which funds those. The pool is fully, one hundred percent (100%) funded There is no deferred funding. In other words if we were short of money we cannot go back to you and collect additional money. Then we have what' s called aggregate or stop -loss re -insurance. If we use those funds to pay claims and all those funds were gone then we have aggregate insurance on top of that, stop loss - insurance. So, there is no risk, really to the city. We kinda went through that at the last "go -around". Councilman Watford: Is the tape working now, this time? It wasn't working last time. Clerk Thomas confirmed that yes, indeed it is working, recording, this time. Council: Thats right, it wasn't working last time. I remember that. Councilman Watford: To Mr. Erickson, but we are, there is Re -insurance? Mr. Erickson: With American "Re", which is a rating of plus, plus fifteen, (++15). The best rating you can obtain. Administrator Veach: Are there gaps in re -insurance? What does the trust cover? Paul Erickson - No. There is deductible. And it does include this year, due to the market. A lot of things are happening in the insurance industry, obviously you've only gotten one bid. Its not like it was three, four or five years ago. For several years public entities rode the soft market. In other words, prices kept coming down. The insurance industry, this has nothing to do with the city, or these particular insurance companies even. The losses after all those years of competitive pricing reducing the pricing hasn't caught up with the insurance industry we started to see this last year. Then after 9-11, which actually, the last estimate I heard was ------------ Hurricane Andrew, heretofore, was the largest insured loss in U, S. history. Some fifteen billion dollars, Their estimating the World Trade Center event is anywhere from sixty to 100 billion dollars. The property losses are identifiable. Workers Comp, Insurance, too, is somewhere in that (configuration). q0L SEPTEMBER 3,2002 - REGULAR MEETING - PAGE 7 OF 12 11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE 11 VIII NEW BUSINESS continued. B. Review insurance proposals and approve contract - City Mr Erickson continues - Until the statute of limitation runs out on liability suits, its two years for Florida, Attorneys, no Administrator continued. reflection on any attorneys, plaintiffs won't file suits until near the end because that leaves no time for investigation. I So that's why there is that gap there, from sixty to one hundred billion dollars, Unfortunately, the latestthing that has come outof itisthose workers: firemen, policemen and clean-up workers crews, they probably got asbestos, etc., and where this all ends up, its hard to say, That hurtthe insurance industry. Insurance companies and re -insurance companies mostly have (tightened up or tapped out) and then we take Florida with what's called a catastrophe state for wind, it even makes it more difficult to market insurance. And in invested income, obviously, for many insurance companies relied on investment income and they are no different than you and 1. Their portfolios had not done one so then it even further exasperates the situation. So that's what is happening in the industry. We are the broker for the pool and John Spyker is the local agent for the city. But as a pool broker we have been working on this up to the last day. There are some chances that the pool will fund some of this money but their board meets on the 6th of September, next Friday. It is the PRM Board's decision, not (mine) a brokers decision, but that decision could be another $6,152.00 dollars off your proposal. The other thing you might want to consider, and it is just like if you buy personal auto insurance, you know, what kind of limit should I have, should I have $100,000.00, $250,000.00, $300,000.00, or $500,000.00.00 or a $1,000,000.00 limit? You tell me exactly what kind of a law suit you are going to have and I'll tell you what kind of (coverage) to carry. But with sovereign immunity in the state of Flodda, many entities are comfortable with a two million dollar limit. You actually have five million. You have three million in excess and two million which is optional. And that price is $8,121.00. So there is some you can get. Look at that limit option and hopefully this Friday, or at least I hope you can, get maybe more funding available to reduce your premium. Councilman Williams: May I ask a question? The limits on the underlying policies. You have got two million on each one of them. Is that what is required by the umbrella people? Rep. Paul Erickson: No. That is our standard limit for the pool. For all members. Councilman Williams: The two million? Mr. Erickson: Yes. Councilman Williams: You couldn't drop back to one million and add another million to the umbrella? Mr. Erickson: No. Because of sovereign immunity we went to two million several years ago. The additional cost to SEPTEMBER 3,2002 - REGULAR MEETING - PAGE 8 OF 8 403 11 AGENDA III COUNCIL ACTION - DISCUSSION -VOTE _11 MT NEW BUSINESS continued. B. Review insurance proposals and approve contract - City do that wasn't that much because of sovereign immunity. Administrator continued, Councilman Williams: You don't have to sign a "Joint and Several" with this? Mr Erickson: No. Councilman Watford: What does that mean? Mayor Kirk: Thank you. I was getting ready to ask that. Agent John Spyker: If there was a suit you would have a consultant to come in and help you. As I was coming up here, Dowling, (Councilman Watford), asked me questions about the Pool. Dowling, I've been in a Pool for forty five years. And as your consultant, if this was as bad as GRIT was I wouldn't even come in here. It was so obvious in the GRIT financial statement, what was going to happen. It was there and it had to happen. Their re -insurer, to my knowledge, was also their owner. And if you looked attheir financial statement, it showed thatthey had something like $9.7 Billion coming from re -insurers and it has gone up every year. This PRIVI Pool does not go up every year. It either stays steady or goes down. So, no this group is NOT like GRIT. Councilman Watford: So, we aren't assessed if, like if somebody has a real bad,.,. Rep. Paul Erickson: We have a excess insurance. Councilman Watford: Like if somebody has a really bad accident or bad experience or something? Mr. Erickson: The Pool self -insures retention of liabilities up to $100,000.00, And then we have specific excess insurance above that. So if we have a two million dollar ($2,000,000.00), lawsuit, one hundred thousand dollars ($100,000.00), comes out of this loss fund, and again it is one hundred percent (100%), funded. A million nine ($1,900,000.00), comes from the insurance carrier. Say, if, a group of workers were injured in Worker's Comp, we would have $150,000.00 retention, and then we would have statutory coverage above that so again it would just be that $150,000.00 and the rest would come from excess insurance. Councilman Williams: Okay then, if the Workers Comp, then it is somebody with you all requiring in the Section Two, in the Workers Comp, the two million ($2,000,000.00)? Mr. Erickson: The Workers Comp Employers Liability, under that, it is two million, ($2,000,000,00)? Councilman Williams: Right. Thats what the umbrella people require on that? Or, you're requiring it? Mr Erickson: The Umbrella doesn't "sit" on it. It only sits over the third party liability. It doesn't sit on the Workers Comp. It's accessible liability. What it is doing is it's increasing your liability then, most recently people do consider it in. There is two ways to breech this sovereign immunity: 404 SEPTEMBER 3,2002 - REGULAR MEETING - PAGE 9 OF 12 AGENDA COUNCIL ACTION - DISCUSSION - VOTE VIII NEW BUSINESS continued. B. Review insurance proposals and approve contract - City You can have a "Special Claims Bill", where your local party goes to the legislature and then you get a Claims Administrator continued. Bill from Tallahassee. I can tell you ... you will never get a Claims Bill. Usually there are about twenty or thirty that are presented each year, Ten pass and of those ten eight are going to be against the state, or Dade, Broward and Palm Beach counties, to be honest. So the track record of Special Claims Bills for local government is not tremendous. The other way to grieve sovereign immunity is Federal Civil Rights. Employment related or a Police case where there is no sovereign immunity. Councilman Williams: On one of these pages here, (Insurance proposal Exhibit), ittalks aboutsurplus lines carriers? Mr. Erickson: The excess property, due to the re -insurance market, the excess insurance property market has made this program with excess property carriers surplus lines. They are all "A" rated. They are surplus lines. Councilman Williams: They are surplus? And for the excess insurance? Mr. Erickson: Excess property insurance. Councilman Williams: Excess property insurance. Councilman Watford: You want to explain what that means for us, etc.? Councilman Williams: Pardon? Councilman Watford: You want to explain what that means for us, etc.? Councilman Williams: If you will read that right there on Page 37, it tells you. Mayor Kirk: In other words he's not going to explain it to us. So we can just read it (for ourselves). Mr. Erickson: It is what is called the "Florida Insurance Guarantee". Councilman Williams: You are not covered by the Guaranty Fund if you are in the "surplus lines property". Mayor Kirk: I don't know what that means. Is that good or bad? Councilman Watford: Is that bad, Councilman Williams? Councilman Williams: Well, that's notgood. If the Company went under, You wouldn't have the guaranty Fund to back it up, Mr. Erickson: They are "A" rated carriers and of the tremendous problems with property insurance in Florida, that's largely how it is being handled. I can't say that it is 100%, but it is not uncommon. Many carriers of property insurance refuse to write it. Its less and less. I can't understand it. Rep. John Spyker: I see it on the East and West coast and here. Home owners are being canceled. One right after the other, people that have been with one company I know of for thirty years. "Andrew" is the problem. "We gotta get out of the State of Florida", which is a bunch of garbage. What is happening in the industry today, is there isn't SEPTEMBER 3, 2002 - REGULAR MEETING - PAGE 10 OF 12 405 11 AGENDA 11 ACTION - DISCUSSION - VOTE 11 Vill NEW BUSINESS continued. B. Review insurance proposalsand approve contract- City Administrator many if any companies underwriting property. Which means if you have had a dollar invested you've only got a continued. few cents left, or very few have. They relied on the stock market and Bonds. "9-11 " hit and the stock market went to pot. I have never been so disgusted with the insurance industry as I am today and I've had forty-five years of it. But it has evolved with the markets, etc, If s killing the industry. If you haven't got your renewals on your house and property, LOOK OUT! I just got mine and looked at the cost and about fell to the floor. Paul Erickson: Let me tell you just one last story: Last year when "9-11 " came, fortunately, we had bound coverage before "9-11". But after "9-11" they even withdrew their quotes. We are having a Board meebng this Friday and we are going to call the underwriters Monday and bind coverage because if something happens between Friday and the first of October, it is best to bind it as soon as we can. Mayor Kirk: Any other questions? Councilman Chandler: And the (reference on list of coverages) Y2K coverage? Paul Erickson: Y2K coverage came from that thing. A lot of carriers excluded the Y2K coverage. When the clock rolled over to 2000, we never excluded it. We have kept the coverage and haven't eliminated it. Some carriers have brought that exclusion forward. We never thought it was a problem. And we were right. We never got losses, not claim One, because of Y2K. Councilman Williams (referencing coverage list), What is "XCU"? Paul Erickson: "XCU" is, that, some carriers exclude Explosion, Collapse and Underground. We do not. Councilman Williams: If, and we don't have a dog for our police department, but say we call in a department to help in a search or something for a fugitive, that has a dog and uses a dog, dog un-mistakenly bites somebody. What then? Paul Erickson: We cover police dogs as officers. They are covered. Councilman Williams: Okay. There is a specific question in there where we had zero dogs. I know we don't have a dog, but if somebody comes over to help us and they have a dog, Oust making sure), Paul Erickson: That is just a rating question. An underwriting question and they are covered. And also, if you accidently shot that dog, your officer did, we have $5,000.00 coverage for accidental death of police dogs and horses. Not sick, just accident. Mayor Kirk: I've learned a lot. Councilman Watford: Sure have but still don't know a lot. Paul Erickson: Well, what we do sometimes is, we come back to workshops and go through it with people when there aren't a lot of other things on the agenda and things of that nature and we would be glad to do that. You can always call a consultant. Councilman Watford: We just call when we need something. Administrator Veach: Not necessarily so, and I want to add that. We do communicate. John (Spyker), has done a real good job in answering questions and providing us with information and keeping us abreast of the insurance industry and the problems they are facing. Councilman Watford: Should we take action on this tonight? 406 September 3, 2002 - Regular Meeting - Page 11 of 12 AGENDA IF- ACTION - DISCUSSION - VOTE VIII NEW BUSINESS continued. B. Review insurance proposals and approve contract- City Administrator If there may be some concern about anything or not? Is that a concern? continued, Mayor Kirk: Like Councilman Oliver's comment a while ago... Councilman Oliver: We don't have any other bid, Nice discussion but I don't think we have any other choice. Mayor Kirk: We may not be as educated as we would like to be on this but having mingled with these people some I feel like they would represent things as they are. Not like someone would wish they would be. I would have no problem voting for it. And I want to thank Councilman Williams for bringing up the good points so we could have some understanding. Because we are all from different backgrounds here and it is good that he would have questions that would help us all. I do appreciate the help he gave us. Councilman Watford: I appreciate it too Mr. Mayor. Councilman Oliver: Mr. Chairman, I would like to make a motion to accept the renewal proposal fo insurance from PRM of Florida for the term of October 1, 2002 to October 1, 2003: Motion seconded by Councilman Chandler. Mayor Kirk: I have a motion and second. Do you have additional discussion? Councilman Watford: That is for the $166,660.00 ? Councilman Oliver: The reason I didn't put that in there is because he said it might go down. I guess we could say 11 not to exceed" a certain amount. Councilman Watford: So we don't want to consider any of the savings to lower the amount? Or anything like that? I mean I don't think we do. Mayor Kirk I don't think so. I don't think we want to drop coverage. Councilman Watford: I was just looking at Councilman Williams because he was questioning. Mayor Kirk: The record will reflect (Council approves) this contract price, ($166,660.00), minus whatever break they'll be able to give us. Call for Vote on motion: VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. ber 3. 2002 - lar Meeting - Page 12 of 12 407 11 AGENDA 11 ACTION - DISCUSSION - VOTE i! VIII NEW BUSINESS continued. C. Discussion related to banners, signs and sign ordinances - Dowling Wafford. IX. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIR WITH RESPECT To ANY MATTER CONSIDERED AT 1 HIS MEETING, HE/SHE MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDING 6 MADE, VVHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED ATTEST: x� z'!- Bonnie S. Thomas, CMC, City Clerk James E. Kirk, Mayor Council Member Watford stated that a local business had asked him about the rules and regulations for displaying a banner, He also stated that most business as use banners at one point or another for a temporary period. City Attorney Cook stated that he had meet with Fire Chief Tomey, and Administrator Veach to discuss this area in the Land Development Regulations. Attorney Cook stated that some areas in the Land Development Regulations were not clear, and certain signs were not addressed. He stated that he would address this matter to the Code Board, and bring it to them in Ordinance form, to be brought later to a Regular City Council Meeting for their input. There being no further items on the agenda, Mayor Kirk adjourned the meeting at 6:16 p.m. PAGE -11- City of Okeechobee - September 3, 2002 - Regular City Council Meeting - Handwritten Minutes 1. CALL TO ORDER - Mayor: �t September 3, 2002, City Council Regular Meeting, -6-6ft.m. 11. OPENING CEREMONIES: Invocation offered by Pastor Dave San Martin; Pledge of Allegiance led by Mayor. Ill. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk., Mayor James E. Kirk Council Member Noel A. Chandler Council Member Robert Oliver Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Bonnie S. Thomas Deputy City Clerk S. Lane Gamiotea Secretary Adriana Berry IV. PRESENTATION AND PROCLAMATIONS - Mayor. a) Proclaim November 5, 2002 as the General City lection for the purpose of electing three (3) Council Members and a City Clerk. R PC 0 i0prell-li V. MINUTES - City Clerk. A. $Jmotion to dispense with the reading and approve the Summary of Council Acton for the August 19, 2002 Budget Workshop, the August 20, 2002 Regular Meeting and the August 26, 2002 Budget Workshop. � r, . Tyl- C �- �- - � c 0 VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS MOTION(!��RlE- DENIED VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.I.) Council Member PU3 moved to read by title only, proposed Ordinance No. 801 closing the alleyways in Block 111 and 120 City of Okeechobee - City Attorney (Exhibit 1); seconded by Council Member (��L .. b. Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER V WATFORD WILLIAMS MOTION DENIED 0 0 PAGE -2- C. City Attorney to read proposed Ordinance No. 801 by title only. AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEYS OR ALLEYWAY'S LOCATED IN BLOCKS 111 AND 120, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. -411� 2.a) Council Member T)',J moved to adopt proposed Ordinance No. 801; seconded by Council Member (VC) . b. Public Comments. p r7) ry-) C. Vote on motion. VOTE NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS MOTY CARRIED� - NIED 0 0 PAGE -3- CLOSE PUBLIC HEARING - Mayor5 P.M. VIII. NEW BUSINESS. A. Council Member moved to adopt proposed Resolution No. 02-11 related to the provision of Solid Waste Collection Disposal Services - City Attorney (Exhibit 2); seconded by Council Membf w - Effy" atO- -L- U) ey)l,� 0 �fo r-177 C, 0 0 PAGE -4- D. Review insurance proposals and approve contract - City Administrator (Exhibit 3). I L ct� I --�Jr 17) r-\ C, --/I- cl L C;� LILT Ot-�&�Ctu G�? /-L'(j �5 C W W)- OIJ-0 /1,j vb 3� tk�� earro (�t C� 13v, wi�f--iuo, cz �1-1 r-\SCAJ�_ CA-C� fa-t,� Ff! Discussion related to banners, signs and sign ordinances - DovAing Wafford. Zi PAGE -5- YA ADJOURN MEETING - Mayor. ('2: 10 p.m. City of Okeechobee -September 3, 20027 Re 4� , IVA*- 1. CALL TO ORDER - Mayor: September 3, 2002, City Council Regular Meefing, 4LU.m. 11. OPENING CEREMONIES: Invocation offered by Pastor Dave San Martin, Pledge of Allegiance led by MMr. Ill. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. IV. a) Mayor James E. Kirk Council Member Noel A. Chandler Council Member Robert Oliver Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Bonnie S. Thomas Deputy City Clerk S. Lane Gamiotea Secretary Adriana Berry PRESENTATION AND PROCLAMATIONS - Mayor. Council Members and a Citv Clerk. PAGE -1 - of electing three (3) V. MINUTES - City Clerk A. o ' Wn' er 'h ,,tW..w the reading and approve the Summary of Council Acton for the-&9&v&"­A and th th VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS MOT ON CAR ,�D - DENIED VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. X16_X4 VII. OPEN PUBLIC Hr r PG FOR ORDINANCE ADOPTION - Mayor. A.I.) Council Membe moved to read by title only, proposed Ordinance No. 801 closing the alleyways in Block 111 4nd 120 City of Okeechobee - City Attorney (Exhibit 1); seconded by Council Member LW .. 1b. Vote on motion to read by title only. VOTE YE62 NAY ABSTAIN ABSENT KIRK CHANDLE OLIVER WATFORD I WILLIAMS MOTION D - DENIED 0 0 PAGE -2- C. City Afforney to read proposed Ordinance No. 801 by title only. AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY'S OR ALLEYWAY'S LOCATED IN BLOCKS 111 AND 120, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. 2.a) Council Member moved to adopt proposed Ordinance No. 801; seconded by Council Member-Vc, . b. C. Public Comments.—. Vote on motion. VOTE YEA NAY ABSTAIN ABSENI KIRK CHANDLER OLIVER WATFORD WILLIAMS MOTI RIE - DENIED 0 0 PAGE -3- CLOSE PUBLIC HEARING -Mayor P.M. Vill. NEW BUSINESS. A. Council Member A Y) moved to adopt proposed Resolution No. 02-11 related to the provision of Solid Wopte Collection Disposal Services - City Attorney (Exhibit 2); seconded by Council Member _1P (I � k �) (� le � �C�cz Z6 Q -_ — (/ 2 0 0 PAGE -4- D. R-viewinsur ce proposals and approve contract- City Administrator (Exhibit3). An Z, A- 477-7 r t� - S -7 4 0 cj N _z%- C. -AL= PAGE -5- Discussion related to banners, signs and sign ordinances - DovAing Watford. Z4 C�- 2- IX. ADJOURN MEETING - Mayor. Z-16— p.m. 06),) 42 c,� e -f2 c t 2v?nr d;:z ZI jw C-1 ..................... do lze� eE -14_4�� CA- 17- 6710 '14 CA-) e7 �-t OIL,' 2�6 71, , �-,tj �-,, -7 11 -7.7 0 "Wow -,/ It, Y/6/ X,2�1 ti ell) VL.1 -7t J2- z44 6it- 6�1 tilt '/ z /'� . C- qj �/d kzzt - , , k/, 4e Of— jple!�, et600 6L "�7 e,14� .. . ...... e- 9- GO Yz 2-60 ILL' �4 1,66 sf - 7-- 1-� 1�2 'Ile �-� 7L 9�Z CITY OF OKEECHOBEE SEPTEMBER 3, 2002 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE I OF 2 1. CALL TO ORDER - Mayor: September 3, 2002, City Council Regular Meeting, immediately following the Budget Hearing. 40 11. OPENING CEREMONIES: Invocation offered by Pastor Dave San Martin.. Pledge of Allegiance led by Mayor. 111. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Robert Oliver Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea 0 IV. PRESENTATION AND PROCLAMATIONS - Mayor. A. Proclaim November 5, 2002 as the General City Election for the purpose of electing three (3) Council Members and a City Clerk. V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the August 19, 2002 Budget Workshop, the August 20, 2002 Regular Meeting and the August 26, 2002 Budget Workshop. SEPTEMBER 3,2002 - CITY COUNCIL AGENDA - PAGE 2 OF 2 VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1.) Motion to read by title only, proposed Ordinance No. 801 closing the alleyways in Block 11 land 120 City of Okeechobee -City Attorney (Exhibit 1). 40 b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 801 by title only. 2.a) Motion to adopt proposed Ordinance No. 801. b) Public Comments. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. VIII. NEW BUSINESS. A. Motion to adopt proposed Resolution No. 02-11 related to the provision of Solid Waste Collection Disposal Services - City Attorney (Exhibit 2). B. Review insurance proposals and approve contract - City Administrator (Exhibit 3). C. Discussion related to banners, signs and sign ordinances - Dowling Watford. IX. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceeding, and for such purpose may need to ensure a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. 0 0 ExHIBIT 1 - SEPTEMBER 3 AGENDA ORDINANCE NO. 801 AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY'S OR ALLEYWAYS LOCATED IN BLOCKS I I I AND 120, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application for the closing of certain streets or alleys as described in this ordinance; and WHEREAS, a review of such application reveals that it is in the best interest of the citizens of the City of Okeechobee as a whole to grant said application; and WHEREAS, the granting of the application will serve a legitimate public interest and is a proper exercise of the municipal authority of the City of Okeechobee as a discretionary function; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, AS FOLLOWS: Section One. The alleys or alleyways described hereafter is hereby closed, vacated and abandoned by the City of Okeechobee, Florida to -wit: A 15 foot wide alley in Block III, City of OKEECHOBEE, according to the Plat thereof recorded in Plat Book I Page 10, Public Records of Okeechobee County, Florida; more particularly described as that alley running East to West between Lots I to 6 and 7 to 12 of said Block I 11. A 15 foot wide alley in Block 120, City of OKEECHOBEE, according to the Plat thereof recorded in Plat Book I Page 10, Public Records of Okeechobee County, Florida; more particularly described as that alley running East to West between Lots I to 6 and 7 to 12 of said Block 120. Section Two. The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. Section Three. This ordinance shall be set for final public hearing the 3rd day of September, 2002, and shall take effect immediately upon its —adoption. Page 1 of 2 INTRODUCED for first reading and set for final public hearing this 6h day of Auqust 2002. ATTEST: Bonnie S. Thomas, CMC, City Clerk James E. Kirk, Mayor PASSED and ADOPTED on second and final public hearing this 3rd day of September, 2002. ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. Kirk, Mayor CITY OF OKEECHOBEE STREET OR ALLEY CLOSING APPLICATION SIGNATURE OF APPLICANT: SIGNATURE OF CO -APPLICANT: by TZ foregoinVinstrument was acknowledged before me this U 4 a e kj6i�cLc and who is ersonall knowwomeor (2pplIC210) (co-aipplicant) who produced as identification and who did (did not) take oath. Notary Public, Commission No. 703 (signature) I COM Toni Turbeville (Name of Notary typed, printed or stamped) November 4, 2005 - A.. , " rie"*, ..60 THIN TROY FAIN INSURANCk INC CHU H OF GOD WARRAN' DEED (Local) 227 P!�C-1304 state of KNOW ALL MEN By THESE PRESLNTS, 5 0 0 KEECHOBEE co, That, for and in consideration or tne surn Of .ty 00 OURTEEN THOUSAND AND FIVE HUNDRED DOLL.ARS.-A­09�1 --------- . ....... . sp ­ . neL%7 no-r.tqa-oeL--:Ln-- the--amniin casn. and the further consideration of .9 ... KQ D­DOLIARS receipt being acknowledged in full, M FI�M MMDRE ... TRQ yance, )M, .-B-QST --- jXC---A­EL-0R.I.DA­---­-- and in hand paid to grantors by the grantees named In this conve the said ORPORATION ............ . —­­ Yunto grantees - ---------- grantors do.GRANT, BARGAIN, SELL and CONVE ROBERT and ATHANIEL HAZELLIEF _­----------­-----­ --------------- - — ----------- ­­­.­�n ------- — - ------- — ----- ng the Local Board of Trustees of ARTIN BROWN—— as Trustees, and constituti OKEEC !� BEE in .9��qqPgF2 ----------- County, the Church of God at � --­--------------- 1.2 ------ ----------------- ------ the following described lands lying, being and situated in ­--PK!q!��q!�KT - - -------- ------ County' described as follows, viz: ,ots 1, I_ 3, 4, 5, 6, 7, 8, q.. 10, 11, and 12. Block 111, CITY OF OKEECHOBEE, ccording to plat thereof recorded in Plat B000k 2, page 17, public records of t. Lucie County, Florida, a copy of said plat being also recorded in Plat ook 1 pacie 10. public records of Okeechobee County, Florida. nto the said TO HAVE AND TO HOLD u 83 MARTIN- --- - ------------- ----- -------------------------- and ---------- cal Board of Trustees of the Church of God at in Trustees and comstituting the Lo in trust, and assigns forever, and sub- ----------- County, ELOpjDA­ ------------­----- and to their successors ject alone t&4e following limitations: title to, manage and control the said real estate for the general use and ':'Local Board of Trustees shall hold The said headquarters in Cleveland, Tennessee, and for the particular use and benefit of tWChurch of God, having its general CA FLO-RIPA-­ ------ benefit of t1lb local congregaLion of the said Church at ----- ...... .. � power and authority to sell exchange, transfer and convey said property, or to bor- a shall have full righl ' ec -ances. etc , pro"cled the The said Local Board of Trusteez, ment of the llame, and to e-1 -tA -it necessary deeds, conve� mid rei estate for the repa� local churcn presided over b y s,.,e o,,,s,er of the 'd m,mbo', of ow money And pledge the )r calle conference of the sald_ the saidtideni congregation present hall first be presented to a regular I i t approved by two thlrds of Ali proposition s Ay appoint, and the pro ec Church of God, or one whom he in said Trustees shall hold title to Rue i;Oti.e. � shall Con""' the said real IfCthe local congregation at the place above designated shall at any time cease to function or exist then " d h - and said Trustee I be s"t, -I 1Z I cit t e state where said real estate is located,, e to her said7eal estate for the Church of God gensrall� of tl,e Ch,a,cl, of God in sald state. %hluct said state Board shai -e, The SRIO re,� t's ate Trustees b I h�r!zcd to sell and con%, estate!upon demand to the state Board of 11, of .an,, (,,aid State Board I, Ill; I Ind ng of another Church 'ioceeds derived from the s t le c Ilirch ill that state generally; or the fo userefild real estate.ceit the p sc and benefit Of I at any time, After tmit is vested in it). for the I. iready existing. the St,,,, 1. which of -Odd in the samb:��te' or for the promotion of one a then thecstate Overseer of 'r th e Church tina. Loc th state Board of �rrastses o 1i at anY j- ai Board of Trustees shall c"se to exist or to perf-ra its duties iOd real estate ls'lo�jted shall have the power to declare all offices on the said board vacant. and of -God for that Sthtlt shilll automatically then hold title. T i are those Appearing in the Minutes of the 49th General Assembly of the Church of God held at the he 11-1tations,Mt forth herel 1 1962, E M6mphLs, Tennessee. August 14-18. ns ilis Auditorium.' 'ge re b . The Grantor, its successors and ass Mk*kNk= covenant with the -- — - - ---- - --- - --------------- ­­----­.­­ ---------- ­­­ xxx-x-xx%*KKXXXXXXXXXxxxxxxxxxxxxxxxxxxxxxxxxxmx said x;cx�&X-X-XX��XXX-X-X-XXX-X-X'X-X-X-X-X-y�X-M rustees of the Church of God at OKEECHOBEE ---------- ----- ------------------- - Trtstees, and constitutj�g the Local Board Of T that in OKEECHOBEE— ---------------- . County, ­. FLORIDA ---- ­ their successors in trust and assigns, .......... lawfully seized in fee simple of said premises; that they are free from all encumbrances; an . d th . at ... )� JQ�X a good right to sell and convey the same as aforesaid; that will, and ------ for , _ a,$ 8�uccessors and Assigns its warrant and defend the same to the said NAI a. ,AR�Y BOND. MARTIN BROWN --------- ---- ------- - --------- and ------- ----- - -- OBEE ----------------- - rustees of the Church of God at --------- ----- -- Trustees, and constituting the Local Board of T _DA ­ ­ their successors in Trust, and assigns forever, against --- FLORI In ........ . ... ­­ County, the lawful ch alms of all persons. nd seals ---------- -- on this the ... 3 r,(J- day In witness whereof :�hf�Y­­ have hereunto set the-ir.. hand S a of . ....... ­­ --------- - - 5T INC -A ---- ZT60,RIDA - -QORPDRAT�I C09EAL) W ness to slgptures: (SEAL) BY ----------------- --- ---­------- -- (SEAL) ----- --------- - -­------------ - ------------ ­ ------------ . ... ................. --- - ------- ......... (SEAL) (SEAL) (SEAL) (Inst- on%:—Thi% deed must be signed, acicnowledged and registered Ir cordnnre with the laws of the Stnte where ,! property is located-) .". ""-7 ­-,4 a SUN MORTGAGE DEED LONG FORM DREWS FORM it. E. 6 Manw(ai and far so[. by The H. & W. B. Dre,v Co,ep,ny r" R. 0 Jacksonville, Florida 60, 0 K 051TACE107 Executed the Cray Oi A. D. 196 1 by Jackson Davis, Lo Wo Bmd.. Chest' er Uhderhill, Nathaniel Hazellief .'a-xid"Robert Joiner, as Trustee of the"property of the Church of Ok6bighobee, Florida fnd e fled-th L9 cat. r.,ca e mor. agoro,to _4' LTz-'GI#tVch 6f God General Board of Trustees, 1080 iMont6omery Tennessee henqtqa jier-talled the = an (Wherever used herein the terms "Molut a d "mortgagee" include all the parties to this instrumen't and the heirs, tatives and. a!signs:.. of ind' - 7," and. the successors and assigns of corporations; and the term "note,. .f. I , - 4.4 a e. notes herem deiciibed o. 4,Rn.. t Iffiftnesseth, that for g6od and valuable �c­on`s'iderations, and also in consi . deration of the aggre- gate sum named in the promissory note of even date herewith. hereinafter described, the mortgagor here- by grants, bargains, sells, aliens*. remises, conveys and confirms unto the mortgagee all the certain land Of which the mortgagor ts now seized and in possession situate in Okeechobee County, Florida, viz: q Lots 1 to 12 inclusive of Block 120, OKEECHOBEEi according to the plat thereof recorded in Plat� Book 2, page 17, public records of St. Lucie County., Flor ida. S -jor va!�ment of inta�neble tax in d the amoun t o Tax Collector Y*: :,-_t. 001 P%t-L'ij and shall perform. comply with and cibide by each arid eve,y the agreements. stipulations. conditions and covenants thereof. arid of this morifloge. then this morl(legi, and lite estate hereby created. shalt cease. de- termine and be null and void. Rdfh�. mortgagor hereby further covenants and agrees to pay promptly when clue lite principal and interest and olh�r sums of money provided for in said note and this mortgage. or ei flier; to pay all and singula� the taxes. assessments, levies. liabilities, obligations. and encumbrances of every nature on said pro- perty;' loipermit. commit or suffer no waste, impairment or deterioration of said land or the improvements hereon at luny lime; to keep&ihg 44dings now or helafler on so jdJand Jul !A insured in a sum of not less CSeVentee"n, ThoL1shrfvVFiv8 hund r d (�,,17,000-00) 1�ollars in a company or companies acceptable to the mortgagee, like policy or policies to be held by. and Payable to. said mortgagee, and in the event any sum of Money becomes Payable by vwue of such insprance the mortgagee shall have the right to receive and apply the same to th - q inclabledneirl hereby secured, accounting to the mortgailor,for any surplus; to pay all costs..icharges. and expe - nses, including lawyer's fees and title searches. reasonably incurred or paid by the mortgagee because of the failure of the mortgagor to promptly and fully comply with the agreements, stipulations. conditions and covenants of said note and this mortgage. or either: to perform. comply with and abide by each and every the agreements. stipulations. conditions and or either. In the, eveill the mortgagor fails to pay when covenants set forth in said note and this mortgage %'Ve' by virtue 'of said note and this due any tax, assessment, Iftsurance premium or other sum of money Paya mortgage. or either, the mortgagee may pay the same, without waiving or affecting the option to foreclose or any other right hereunder, and all such payments shall bear interest from date thitreof at the highest law- ful rate then allowed by the laws of the Slate of Florida. Ifany sum of money herein referred to be not promptly paid within days next after the same becomes due, or if each and every the agreements. stipulations. conditions and covenants of said note and this Mortgage, or either, are not fully performed. complied with and abided by. then the entire the entire balance unpaid ihereon. shall forthwith or sum mentioned in said note. and this mortgage, or and be due and payable"kanything in said note or I herein thereafter. at the option of the mortgagee. become his or options herein to the contrary notwithstanding. Failure by The mortgagee to exercise any of the rig provided shall -not constitute a waiver of any rights or options tinder said note or this mortgage accrued or thereafter accruing. In Witness 'W'"hereof, The said mortgagor has hereunto signed and sealed these presents the day and year first above written. Signed. vealled and delivered in the presence of: STATE OF FLORIDA, couNTY OF OKEECHOBEE 6a H1 HEREBY CERTIFY that on this day. before me, 'in officer duly authorized in the state aforesaid and in the County aforesaid to take ackno�lcdgmeru, Personally appeared Jackson Davis, L. Wit Bond, Chester Underhill, Nethaniel Hazellief and Robert Joiner, as Trustees of, the Church of God, 01�eechobee, Fla. to me kno�n to be the persons described in and ho executed the foregoing instrument and they ackno�ledged before me that thPy executed the same. day of WITNESS my hand and official seat in the County and State last aforesaid this A. D. 19 6 1 .... . ....................... Notary ftbllc- $lot* a Fl do at LarlId My Commission Espires May 23. 1961 Boribed by American Surety Co. Of N- y- 0 # Z M TATE OF FLORIDA 227 P!�'JM 'OUNTY OF OKEECHOBEE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the tate and County aforesaid to take acknowledgments, personally appeared MORRIS B. HORWITZ ell known to me to be the President and respectively of the -orporation named as qrantor in the foreaoing deed, and that they severally acknow- edaed executinq the same in the vresence of two subscribing witnesses freely and .Oluntarily under authority duly vested in them by said copporation and that the eal affixed thereto is the true corporate seal of said corporation WITNESS my hand and official seal in the County and State last aforesaid his 3rd day of April A.D. 1979. 0 0 NO I AR- PUBLIC S1 FLORIDA :5 9 10 ti 9 My COMMI! SION EXP:1 IS AUGUST 17, 1,979 R?- :1 1 ID PV 0 -3 91 0 0 0 - BONDEE THRU GEN I AL INS UNDERWR RS 0 T �j C U �M �!"i Vq A S V FR I A JV\ -f- Z 0" F R; �1) 0 MR 71 0 0 1 05 V 0 Z r.L 0 91 0 0 0 0- M N 0 M OF7 CL --J XT�E ---r--CCIPM/�i 0 !IEPT. 1JF REVFI`�'JE APR-4-0 S' .5 3. 00 Ito ;Z; C2 ;K rn ;tate of --- ------------- - - --------- - -------------- . ........... ........ - ------------------------------- ---- c-, c3r" - -- - - ---------------------------------------- --- I a .... .......... - ------- . ....... ------------ in and I -" CO or said county, in said state, hereby certify that — -------------- rn CD ;a iame ------ ------ signed to the foregoing conveyance, and who - ----- .. known to me, acknowledged Alst4ie nVon gq C", '-iheN " ay, that being informed of the contents of the conveyance ------ - ----------- - executed the same voluntarily -Y --4 amem.bears date. =- -n CO r- qiven under my hand and seal, this the day of -- ........ ........ .................. - ------------------ - --------- - -- - ---------------------- - - - - ------- - ------- ---------- ------- ---------- -- rState official title) ;tate of..... ....... -- -- - --- -------- - - -- ------- -- I- - -------- - -------- - ------ --------- ----------------- I .... ................. --- - ----------------- ---- ---------------------- -- County I a -------------- --- ----- ---- ....... . ......................................... ... in and ................ ........... or said county, In said state, do hereby certify that on the ............. - day of -------- - --- - ------------------- - ------------- --, 19 came �efore me the within named ............ ...... .. . .......... - ------------ I -------- -- ................. ...................... known to me (or made known to me) to �e the wife of the within named --- ------------------------------------------ ------------------------------------------ who being examined separate and apart rom the husband, touching her signature to the within ....... . ....................... ..., acknowledged that she signed the same ,f her own free will and accord, and without fear, constraints or threats on the part of the husband. In witness whereof, T bave hereunto set my hand this - day of ... ----- - - --------------------- . . ............... 19 (State official title) 227 r-tu;U05 ame & Title Phone No. Date authorized Typed N I, �td Phone No. —Eate SLL� Typed Name & Title Authorized Signature Authorized Authorized Signature w,. L r 7e 0 2, Typed Name &Title PhonD No. Date ,-j — A3, - -L Typed Name & Title Phone No. Date chobee & First Addition to citV of Okeechobee Subdivisions: d Only For City of Oke =now-== Date & Title Phone No. Authorized Signature Typed Name Revised 511 V99 06 200; qj J-4 F _ 9 6 3 4 5 .19 4.5 SPR I N"r J; 1-4 —2 X. — Ij'2 I I -- es 5 A M 0 r�ECHUBEE CHURLZUI OF G011 19417SZ4 "7-w "�-7-9vzz 4;L:1�15�A-�-?m- l'-'Out�orized Signature Typed Na-me & y1fle Phone No. Date Authorized Signature Typed Name & Title Phone No, Authorized Signak6re, Typed Name & Title Phone iia- Dew yj— I�Mlvjw — q Is4m I I 1�1.w 1�-. — 1. Required Only For city of Okeechobee 9 Rrst Addition to City of Okeechobee SubdiVisions: Authorized Signature Typad Name &Title Phone No. Date Ajw1fiad July 2, 2002 Church of God 301 NE Fourth Avenue Okeechobee, Florida 34972 Attn: Mike Earnest Re: Closing of Alleyways in Blocks 111 and 120 (NE 4 Ih Ave & 4 th St.) Dear Mr. Earnest: Sprint's engineering department reviewed your request to close the alleyways located within Section 15, Okeechobee County (NE 4 th Ave. and NE 4 Ih St.) and have no objections. Sprint will work with the developer when service is required. please advise. Page 3 Authorized Date Domie Roberts, Public Wori<s Director Typed Name & Title orizea -)ignature 7/9/02 Authorized Signature Date Oscar Benrudez, City Fb2ineer Typed Name & Title Denny Davis, Chief of Police Typed Name & Title 7/8/02 Date Authorized Signature Date Herbert E. Smith, Battalion Chief Typed Name & Title Bill Veach, City Administrator Typed Name & Title APPLICATION APPROVED BY: 13ONNIE S. THOMAS, CITY CLERK DAf E Memorandum To: Bonnie Thomas, City Clerk From: Oscar Bermudez, Engineer Date: July 9, 2002 Re: Alley -Closing application from The Church of God The Engineering Department has visited the site and found that no drainage problems exist near the requested abandon subject City of Okeechobee alleys. However, we should be aware of the critical drainage problems in the City of Okeechobee and for that reason the Engineering Office is working towards the design of a Master Drainage Plan for the City of Okeechobee. In addition, in our weekly technical meeting on June 12, 2002, we requested Mr. James G. LaRue, AICP (the City Planner) to draft a request to the City Council in regards to a moratorium on the City roads and alleys right ways being abandoned. It is the Engineering Department's opinion that the City of Okeechobee should be very cautious before abandoning any street right-of-ways or alleys. ExHIBIT 2 — SEPTEMBER 3 AGENDA RESOLUTION NO. 02-11 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA RELATING TO THE PROVISION OF SOLID WASTE COLLECTION AND DISPOSAL SERVICES; CONTINUING IMPOSITION OF THE SOLID WASTE COLLECTION ASSESSMENT PREVIOUSLY ESTABLISHED BY RESOLUTION 01 -08; ADOPTING THE ANNUAL RATE RESOLUTION AS PERMITTED BY ORDINANCE 784; APPROVING AND CERTIFYING THE SOLID WASTE ASSESSMENT ROLL AS AUTHORIZED BY FLORIDA STATUTES 197.3632 (4)(5) AS NECESSARY UNDER FLORIDA STATUTES 197.3632; PROVIDING FOR PUBLIC HEARING AND COMMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. WHEREAS the City of Okeechobee Florida has enacted Ordinance no. 784, which authorized the imposition of Solid Waste Assessments against certain assessable property located within the incorporated area of the City of Okeechobee, Florida, and; WHEREAS the City of Okeechobee Florida has previously duly noticed and conducted a public hearing on August 21, 2001, which provided the opportunity to hear testimony and take written objections from the public and interested parties in accordance with section 197.3632 Florida Statutes, and conjunction therewith, provided written notice to all affected property owners as to the effective time period, geographic area, and the maximum rate to be assessed against each parcel, and such additional information as required by law; and WHEREAS section 197.3632(5) requires that by September 15 of each year thereafter, the chair of the local governing board must certify a non -ad valorem assessment roll to the tax collector, which is necessary for the imposition of such assessments; and WHEREAS the imposition of an annual Solid Waste Assessment is an equitable and efficient method of allocating and apportioning solid waste collection and disposal costs among parcels of property within the incorporated area of the City of Okeechobee, Florida; and WHEREAS the City Council desires to continue the solid waste collection assessment program for the Fiscal year beginning on October 1, 2002, and said assessment is a non -ad valorem assessment levied for the first time, and; NOW, THEREFORE, be it resolved by the City Council for the City of Okeechobee, Florida that: SECTION 1: AUTHORITY. This resolution is adopted pursuant to the provisions of Ordinance No. 784; Resolution 01 -08; Florida Statutes 197 and other applicable provision of law. SECTION 2: PURPOSE AND DEFINITIONS. This resolution constitutes an Annual rate resolution as defined in Ordinance No. 784, section 2.08, and as previously adopted. The amount of the solid waste assessment imposed each fiscal year against each parcel of improved property shall be based on one or more of the following: a. Classification of improved property reasonably related to the generation of solid waste or recovered materials. Page 1 of 3 0 0 b. The physical characteristics of a specific parcel or building. c. Any other factor reasonably related to the generation of solid waste or recovered materials; or d. Any combination of the foregoing; provided however, that the facto or combination of factors employed to compute the solid waste assessment shall result in a rate of assessment not in excess of the special benefit accruing to such parcel of improved property. SECTION 3. SOLID WASTE COLLECTION AND ANNUAL ASSESSMENT ROLL. a. It is hereby ascertained, determined and declared that continued imposition of an annual solid waste assessment consistent with the maximum assessment rate schedule in section 2.08 of Ordinance No. 784, and Resolution 01 -8 as amended by Resolution No. 01 -13, and as adopted as the preliminary rate resolution adopted by the City Council at its annual budget hearing continues to be a fair and reasonable method of allocating waste collection and disposal costs among parcels of property within the incorporated area of the City of Okeechobee, Florida. b. That the City Administrator has caused to be prepared the assessment roll for the fiscal year ending September 30, 2003 in the manner provide for in Ordinance No. 784. The solid waste collection and disposal cost, for which the solid waste collection and disposal assessment is intended to pay is $ 241,538.76. The cost shall be apportioned among the parcels of real property within the incorporated area of the City of Okeechobee, Florida, as reflected on the assessment roll. c. It is hereby ascertained, determined, and declared that based upon the findings setforth in paragraph (a) and the solid waste collection and disposal cost described in paragraph (b), the rate of assessment for the 2002/2003 fiscal year as set forth in appendix A and attached hereto and incorporated herein continue to be a fair and reasonable rate of assessment which includes an increase in the assessment rate included in notice previously provided to owners of assessable property, pursuant to Resolution 01 -13 adopted at a public hearing on October 16, 2001. d. That the solid waste collection assessment roll as presented by the City Administrator is hereby approved and adopted for the 2002/2003 fiscal year, and the chair of the local governing board, being the Mayor for the City of Okeechobee, Florida or his designee', shall certify this non -ad valorem assessment roll on compatible electronic medium to the tax collector for Okeechobee County, Florida by September 15, 2002. SECTION 4. ESTABLISH MAXIMUM RATE OF ASSESSMENT. That the rate of assessment set forth in Appendix A for the year 2003 is adopted as the rate of assessment for the 2002/2003 fiscal year. SECTION 5. SEVERABILITY. That if any portion of this resolution should be judicially determined to be unenforceable, then the balance thereof shall continue to remain in full force and effect. SECTION 6. EFFECTIVE DATE. This resolution shall become effective immediately upon its adoption. 1. The City of Okeechobee, Florida is authorized by Florida Statutes 197.3632 to create a uniform method for the levy, collection and enforcement of non -ad valorem assessments. 2. That the City of Okeechobee, Florida has not in the past sought to create such a method of collection, and by this resolution is the first time the City has elected to use such a method, and this resolution may be adopted by the City at a public hearing held between the dates of June 1 and September 15, 2001. Page 2 of 3 E 0 3. In order to utilize this methodology of collection, the City shall enter into a written agreement with the property appraiser and tax collector of Okeechobee County providing for reimbursement of necessary administrative costs incurred under this system of collection, and the actual cost of collecting non -ad valorem assessments. 4. That it is the intent of the City of Okeechobee, Florida to use this uniform method of collecting monthly sold waste collection fees by non -ad valorem assessments billed to each municipal residential customer as reflected on the tax rolls of Okeechobee County, Florida. 5. That the public hearing and notice of intent to adopt this resolution has been published weekly in a newspaper of general circulation for four consecutive weeks prior to the public hearing. 6. That the City of Okeechobee has, at least 20 days prior to this public hearing to adopt this resolution, published notice of this public hearing in a newspaper of general circulation, and also, by US Mail, sent to each person owning property subject to the assessment, all necessary information as required by Florida Statute 197.3632(4), including but not limited to each property owner's right to file objections with the City Council to the adoption of this resolution within 20 days of the notice. 7. That this resolution is needed and necessary in order for the City to utilize a uniform, accurate and fair method of collecting solid waste fees from customers within the City in a cost efficient manner. 8. That the legal descriptions of the boundary within which real property will be subject to this non -ad valorem assessment is attached to this resolution as an exhibit, and incorporated herein by reference. 9. That this non -ad valorem assessment is to be collected over a period of more than one year, or is to be amortized over a number of years, so as to preclude the requirement that the City of Okeechobee annually adopt the non -ad valorem assessment roll. 10. Non -ad valorem assessments collected pursuant to this resolution shall be subject to all collection provisions provided by law, including provisions relating to discount for early payment, prepayment by installment method, deferred payment, penalty to delinquent payments, and issuance and sale of tax certificates and tax deeds for non-payment. INTRODUCED AND ADOPTED this 3rd day of September, 2002. ATTEST. - Bonnie S. Thomas CMC City Clerk APPROVED FOR LEGAL SUFFICIENCY:. John R. Cook City Attorney James E. Kirk Mayor Page 3 of 3 EXHIBIT 3 - SEPTEMBER 3 AGENDA Exhibit 3 will be provided at the council meeting C-M I/--)/ J AIPLATION BED SBEET 0 CITY OF OKEECHOBEE 3) PUBLIC RISK MANAGEMENT OF FLORIDA MEMBER COST ALLOCATION Package 21,354 Loss Fund After Credits 91,797 GB + PRM Admin. + Local Agent Fee 22,149 Total All Lines 135,300 Prooerty Total All Lines 135,300 0.100 13,530 Excess Property 13,761 Excess Crime, If Applicable 0 Total Property 27,291 General Li2bilitv --T6t2l All Lines 135,300 0.175 23,678 Automobile Li2bilitv 135,300 0.150 20,295 Errors & Omissions 135,300 0.075 10,148 Workers Como_ensation Total All Lines 135,300 0.500 67,650 Excess Workers Compensation 3,385 State Fees 6.095 Total Workers 77,130 Compensation Boiler & IV12chinery, If Applicable 0 Excess Liability 8,121 Total Costs 166,662 0 0 SVY( MA P R M r-Lwo RENEWAL PROPOSAL FOR CITY OF OKEECHOBEE PUBLIC RISK MANAGEMENT OF FLORIDA OCTOBER 1, 2002 - OCTOBER 1, 2003 PAUL J. ERICKSON GLENN R. TOBEY Senior Area Vice President Branch Manager Area President A om""mg, -& 1,111111im?5M, ANDY J. COOPER SONIA L. FATHEREE Program Marketing Manager Senior Client Service Representative CANDACEB.KOESTER Technical Assistant August 29, 2002 IMPORTANT: The proposal is an outline of the coverage's proposed by the insurers, based on the information provided by your company. It does not include all the terms, coverage's, exclusions, limitations, conditions of the actual contract language. The policies themselves must be read for those details. Policy forms for your reference will be made available upon request. PROPOSAL SUMMARY FORMS AGENVINSURER QUALIFICATIONS AGENT 1 Location of Office: ARTHUR J. GALLAGHER 7380 SAND LAKE ROAD STE 390 ORLANDO, FL 32819 2. Number of Offices in Florida: 4 3. Number of Employees in Florida: 150 4. Number of Public Entities Handled: 250 5. List five (5) Public Entities references including Names, addresses and Telephone Numbers: City of Lake Mary City of Eustis City of Punta Gorda John Litton Mike —Sheppard Willard Beck 100 N. Country Club Road 10 North Grove Street 326 W. Marion Avenue Lake Mary, FL 32795-8445 Eustis, FL 32726-0068 Punta Gorda, FL 33950 407-324-3000 352-589-4040 941-575-3302 Hendry County BOCC City of New Port Richey Lester Baird Gerald Seeber 18 Hicopochee Avenue 5919 Main Street Labelle, FL 33975-2340 New Port Richey, FL 34652-2785 863-675-5221 727-841-4520 City of Okeechobee 3 0 0 INSURER (PROVIDE INFORMATION FOR EACH INSURER) 1 . Best rating, or attach financial information: N/A 2. Number of Public Entities insured: 50 3. List five (5) Public Entity references, including Names, addresses and,telephone numbers: City of Lake Mary City of Eustis City of Punta Gorda John Litton Mike Sheppard Willard Beck 100 N. Country Club Road 10 North Grove Street 326 W. Marion Avenue Lake Mary, FL 32795-8445 Eustis, FL 32726-0068 Punta Gorda, FL 33950 407-324-3000 352-589-4040 941-575-3302 Hendry County BOCC City of New Port Richey Lester Baird Gerald Seeber 18 Hicopochee Avenue 5919 Main Street Labelle, FL 33975-2340 New Port Richey, FL 34652-2785 863-675-5221 727-841-4520 4. Location of nearest claims office handling our account: GALLAGHER BASSETT SERVICE P.O. BOX 1880 FORT MYERS, FL 33902-1880 5. Attach description of loss control/ prevention program. RFP:INCLUDED City of Okeechobee 4 SERVICE COMPANY (If Applicable) Name: GALLAGHER BASSETT SERVICES 1 Number of Public Entities serviced: Property: 150 Third party liability: 150 Worker compensation: 150 2. List five (5) Public entity references, including names, addresses and telephone numbers: Public Risk Mgmt Seminole Cty BOCC Ross Furry Linda Eiland 3434 Hancock Bridge Pkwy st 200 W.County Home Rd Fort Myers, FL 33903 Sanford, FL 32773 239-656-4666 407-665-5950 Lee County BOCC City of Naples Pasco County School Boarc Georgie Jackson Lori Parsons Michael Hudson P.O. Box 398 735 81h Street 7227 Land O'Lakes Fort Myers, Fl 33902 Naples, FL 34102 Land 0' Lakes, FL 34639 239-335-2509 239-213-1833 813-794-2277 3. Location of nearest claims office handling our account: GALLAGHER BASSFTT SERVICFS P.O. BOX 1880 FT. MYERS, FL 33902-1880 4. Attach description of loss control program: ATTACHED City of Okeechobee 5 11 SERVICES PROVIDED Employment Practices Hot Line Employment Law Seminar Sexual Harassment Seminars Sample Personnel Policy and Procedures Contract Evaluations Risk Management Seminars If Yes, How Often? ANNUAL Police Liability/Critical Incidence Hot Line On Site Risk Analysis, Including Third Party Liability Safety Program Development, Including Third Party Liability Regulatory Assistance Indoor Air Quality Analysis Industrial Hygiene Analysis Monthly Loss Runs By Type of Loss and Department Appraisals Yes/No YES YFR YES — YES_ YES YES YFS YES YES YES YES YES YES YES C4 of Okeechobee 6 0 PROPERTY REAL & PERSONAL Building Contents Blanket? Agreed Amount? If not, coinsurance% All risk or equivalent? Flood & earthquake included? Sub -limit? RFF PRnpn-l;Al Deductible? SEE PROPOSAL Replacement Cost? Building ordinance? Permission to rebuild at another site? Permission not to rebuild? Architect fees? Includes property in transit? Automatic Coverage - $2,500,000 - No additional premium remainder of term? Joint agreement with B & M? Deductible: PREMIUM: City of Okeechobee 7 VALUES 1,723,075 405,115 Yes/No YES YES YES YES WK YES YES YES YES YES YES YES $1000 SEE PROPOSAL 0 0 BUSINESS INCOME/EXTRA EXPENSE VALUES PREMIUM: City of Okeechobee 8 2,000,000 SEE PROPOSAL 0 INLAND MARINE Accounts Receivables Contractors Equipment Miscellaneous Property Mobile Radio/Telephone Fine Arts Museum Fine Arts Valuable Papers Electronic Data Processing Watercraft Police Dogs/Horses Employee Tools All risk or Equivalent? Agreed value/No coinsurance? Flood & Earthquake included? Deductible: PREMIUM: City of Okeechobee 9 VALUES INCLUDED 278,419 204,750 INCLUDED 84,105 YES YES YES stnoo SEE PROPOSAL BOILER AND MACHINERY OPTIONAL Limit: BLANKET Deductible: $1,000 Comprehensive Coverage ? Yes or No YES Repair/Replacement? Yes or No YES PREMIUM $1,000 City of Okeechobee 10 0 GENERAL LIABILITY Limit of Liability: Includes the following? Premises & Operations Products & Completed Operations Blanket Contractual Including Non -Public Entities Athletic Participation Inmate Medical Summer Camp Participants Broad Form Property Damage Care , Custody, Control Exclusion EMT/paramedical Professional Medical Director Covered Employee Benefit Liability Failure to Supply (electric, gas, water) Fire Damage Liability Host Liquor Liquor Liability Including "X,C,U" Personal Injury Watercraft Liability Deletion of Care, Custody, Control Exclusion Y2K Coverage Includes Pesticide/Herbicide Spraying - Pollution City of Okeechobee 11 Yes or No YES YES YES YES YES NO NO YES YES r_:cz YES YES YES YES YES YES YES YES YES YES YES 0 0 General Liability Continued - Occurrence Form YES Describe any other restrictions or extensions of coverage: TERRORISM AND MOLD EXCLUSION Deductible: PREMIUM: Non Auditible or Auditible Policy? Yes x No City of Okeechobee 12 NIL SEE PROPOSAL 0 0 BUSINESS AUTOMOBILE Limit of Liability 2,000,000 PER OCC PIP ($10,000) U.M. Excluded Deductible: NIL PREMIUM: SEE PROPOSAL City of Okeechobee 13 PUBLIC OFFICIALS LIABILITY Limit of Liability: 2,000,000 PER OCC 3,000,000 ANN AGG Are the following covered? YES Allegations of discrimination? YES Allegations of denial of civil rights? YES Allegations of improper hiring, firing Disciplinary acts? Cz YL-%-j Allegations of sexual harassments? YES Allegations of sexual physical abuse? NO Zoning, Permitting? YES Federal Civil Rights? Y"'.., Sexual Harassment? YES — Is coverage on an "occurrence basis? NO Is coverage on a "claims made basis? YES If on "claims made" what is the Retroactive Date? FEB 1, 1991 If on a "Claims Made Basis," is extended discovery coverage available if the policy is terminated? YES for how long? 1 YEA Premium charge? NO CHARGE Describe any other restrictions or extensions of Coverage? DEDUCTIBLE: NIL PREMIUM: Is the policy non-auditable? City of Okeechobee Yes x No 14 SEE PROPOSAL LAW ENFORCEMENT LIABILITY Are all officials, employees and volunteers covered for all responsibilities, powers, functions and activities? Is the City covered, even if officials, employees and volunteers are not individually named in a suite? Are the following covered? Discrimination, Humiliations? False Arrest, Detention, Imprisonment? Improper Service of Process? Libel, Slander and Other Defamations? Malicious Prosecution? Punitive Damages? Riot, Civil Commotion and Mob Action? Sexual Harassment Violation of Civil Rights? Violation of Property Rights? Wrongful Entry, Eviction? Is coverage on an "Occurrence Basis? Describe any other restrictions or extensions of coverage? TERRORISM EXCLUDED DEDUCTIBLE: PREMIUM: Is the policy non-auditable? Yes x No. City of Okeechobee 15 YES YES YES YES YES YES YES YES YES YES YES YES YES YES NIL SEE PROPOSAL COMMERCIAL CRIME Faithful Performance/Employee Dishonesty Forgery or Alteration Theft, Disappearance and Destruction Computer Fraud Coverage Included? Yes or No Describe any other restrictions or extensions of coverage? Deductible: PREMIUM: City of Okeechobee 16 LIMITS $100,000 $100,000 $100,000 YES $1,000 SEE PROPOSAL WORKERS' COM PE NSATIO N Statutory WC Benefits Provided? Jones Act Coverage Provided? Employers Liability Limit? All States Coverage Provided Deductible: PREMIUM: City of Okeechobee 17 YES YES $2,000,000 YES NIL SEE PROPOSAL UMBRELLAIEXCESS List Restrictive Exclusions (or attach) Limit of Liability: $ 3,000,000 Retention Limit: $ NIL Underlying Limit Requirements: General Liability $ 2,000,000 Automobile $ 2,000,000 Public Officials $ 2,000,000 Workers' Compensation $ PREMIUM: $ SEE PROPOSAL City of Okeechobee 18 TABLE OF CONTENTS A. EXECUTIVE SUMMARY B. PUBLIC RISK MANAGEMENT PROGRAM REINSURANCE & FINANCIAL SECURITY C. ARTHUR J. GALLAGHER & CO. GALLAGHER BASSETT SERVICES, INC. D. PRM COVERAGE SUMMARY E. UNDERWRITING INFORMATION F. PREMIUM & COSTS G. DISCLOSURES 0 0 0 PUBLIC RISK MANAGEMENT OF FLORIDA EXECUTIVE SUMMARY 4&1�016 As a result of the tight insurance market for public entities in the mid 1980's, a group of cities and counties in southwest Florida made an extensive study into the feasibility of establishing a Public Entity Pool for property, casualty, and worker's compensation coverage. Major objectives of the group were as follows: 1 . Lower Costs 2. Enhanced Coverage 3. Outstanding Claim & Loss Control Service 4. Stability 5. Self -Governed by members 6. Professional & Timely Service As a result of the study, Public Risk Management of Florida (formerly SFIRMA) was established on October 1, 1987, with eight members. Today PRM maintains those same objectives, meeting each of them with every new policy term. We believe that PRM's continued success and prosperity is largely attributable to the benefits received by its members. Our Executive Summary outlines the various benefits by the members of PRM. 3 CIS PUBLIC RISK MANAGEMENT OF FLORIDA EXECUTIVE SUMMARY BENEFITS INSURANCE COVERAGES The PRM coverage's are designed to meet the needs of the public entity. The basic program has been in place for over twenty (20) years and thousands of entities have been protected under this program. The coverage's are vastly superior to those that are available in the market place. 2. COST EFFECTIVE The PRM program is cost effective for the following reasons: a. The assumption of risk at the low or known loss levels, thus the need to purchase less insurance. b. Risk Selection - PRM has a specific territory that we feel offers a less litigious claims environment. In addition, PRM selects members that have favorable loss experience history, and are committed to controlling their losses. This helps the Association to control their insurance costs. C. Emphasis on safety, loss prevention and claims handling by PRM and its members. 3. STABILITY Due to sound management by the Board of Directors, the PRM Executive Director and Arthur J. Gallagher & Co., PRM is very stable financially with secure reinsurance. 4. CLAIMS HANDLING Gallagher Bassett Service, Inc. handles the claims administration. Gallagher Bassett is experienced in handling claims for Florida public entities and Florida Workers' Compensation. They have eight (8) offices staffed with over 250 employees in the State and handle claims for over 150 public entities. The client has input and approval in the claims settlement process and in the selection of defense counsel. 5. GALLAGHER BASSETT INVESTIGATIVE SERVICES Gallagher Bassett Investigative Services offers a range of investigative tools that, employed separately or in combination, create a formidable first line of defense in such high -risk areas as: insurance fraud, embezzlement, theft and other tangible asset losses, personal and asset protection, due diligence, and pre -employment screening. E! CPU PUBLIC RISK MANAGEMENT OF FLORIDA EXECUTIVE SUMMARY BENEFITS 6. MANAGED CARE PRM contracts with a managed care provider, GENEX, to develop an acceptable Managed Care Program. GENEX provides a network of physicians, hospitals, clinics and ancillary providers. GENEX also provides valuable services such as utilization and peer review, employee education, provider bill audit, as well as encouraging Early Return to Work Programs. 7. DRUG FREE AND SAFETY PROGRAM CREDITS PRM members can receive a Drug Free Workplace credit with an approved Drug -Free Workplace program. This credit is 5% and is applied to the member's loss fund. Members' can also receive an approved Safety Credit. This credit is 3% and is also applied to the member's loss fund. 8. LOSS PREVENTION SERVICES PRM provides on -site loss prevention services to assist you in setting up safety and loss prevention programs. Our safety consultants are experienced in working with public entities. A list of loss prevention services provided to each member is included in this proposal. 9. RISK MANAGEMENT SERVICES By joining PRM, the members gain the Risk Management Services provided by the Association. The Executive Director and his staff have over 60 years experience in the Risk Management field. They are able to assist you in your Risk Management activities, including monitoring and reviewing of all contracts, leases, use agreements and certificates of insurance. A Risk Management manual is provided to each member to help you better participate in the program. 10. EDUCATIONAL SEMINARS Educational seminars are provided on a timely basis, focusing on the needs of the public entity sector. PRM also has an Annual Educational Conference featuring the most current "hot topics" in the public entity and insurance arenas. 11. RISK MANAGEMENT INFORMATION REPORTS The Loss reports provided to each member are designed to keep you abreast of claim activity on a monthly basis in a timely and accurate manner. The loss reports are broken down by type of claim and department to help you monitor your Risk Management program. PUBLIC RISK MANAGEMENT OF FLORIDA EXECUTIVE SUMMARY BENEFITS 12. SELF GOVERNING BY BOARD PRM is self -governed by its members. Each member has a representative on the Board of Directors and it is the Board that sets the policy for PRM. 13. EMPLOYMENT PRACTICES LIABILITY HOT LINE Pre -Defense Review Service by a recognized law firm for advice and guidelines to prevent possible claims and litigation in labor and employment law issues for Civil Rights Violation(s), Discrimination and Whistle blower Claims. 14. LAW ENFORCEMENT HOT LINE Pre -Defense Review Service on a 24 hour basis for law enforcement related critical incident matters. The primary object is to provide police supervisors with immediate loss prevention including the need for on -scene legal advice on any critical incidents. This service is provided by expert legal counsel on law enforcement matters. 15. APPRAISALS All PRM members are required to have a building/contents appraisal completed every five years. This is done through PRM's designated appraisal service, Valuation Resource i'vIlanagement (VRIN11), or by the member's own appraisal service. The VRM Appraisal includes a site plan and a color photo of each location. Appraisals are an important tool to assure that the proper limits and coverages are provided on each location. EP PUBLIC RISK MANAGEMENT OF FLORIDA LOSS PREVENTION SERVICES Public Risk Management of Florida (PRM) recognizes the importance of effective workplace safety & loss prevention activities in reducing workplace losses. In response, PRM offers a wide range of loss prevention services for its members at no cost. The following outline briefly describes the major package of services offered through PRM Loss Prevention Services. RISKANALYSIS On site risk analysis services are provided for PRM members in an attempt to identify potential loss producing hazards and to assist with regulatory compliance. A Risk Analysis includes a review of the following areas: • Record Keeping Analysis • Written Program Requirements • Physical Hazards Identification 0 Training Needs SAFETY PROGRAM DEVELOPMENT A variety of written safety & loss prevention programs are available to meet the needs of our members. Whether you require a basic program to comply with specific regulation, or a city/county wide safety program, PRM Loss Prevention Services can help. • Individual Regulatory Programs • Comprehensive Programs • State Approved Discount Programs SAFETY TRAINING PRM of Florida believes that training & education is one of the most effective methods in reducing workplace accidents & losses. Our Loss Prevention Services include training support at both the supervisory & employee levels. • Formal Classroom Training Sessions • Training Literature & Materials • Supervisor "Safety Talks" • Safety Video Library REGULATORY ASSISTANCE Numerous OSHA safety regulated technical resources are now available to assist our members in complying with a multitude of Federal & State safety regulations: • Compliance Assistance & Guidelines • Regulatory Interpretations • Post Audit Consultations • Citation Validation TECHNICAL ASSISTANCE PRM offers a wide variety of specialty services as a part of our Loss Prevention Program. We can discuss your individual concerns and provide result -oriented solutions that meet your needs. • Job Hazard Analysis • Indoor Air Quality Studies • Safety Committee Set -Up & Participation • Industrial Hygiene Evaluations LOSS TRENDING PRM provide frequent loss trending reports to each member. These reports provide valuable information that identifies potential problem areas within each line of coverage. We believe this information allows our members to intervene before experiencing a serious loss situation. • Injury Frequency Trending • Comparative Analysis with other Members • Major Sources of Losses 7 0 0 0 i Ck. fil m PUBLIC RISK MANAGEMENT OF FLORIDA SERVICE TEAM PUBLIC RISK MANAGEMENT Ross Furry Executive Director, PRM: 14 Years of insurance & Risk Management experience Judy Hearn Assistant Executive Director, PRM: 31 Years of Insurance experience. Lynne Pysarchuk Bookkeeper, PRM: 24 Years of experience. Rob Ross Loss Prevention Specialist, PRM: 16 Years of Experience Julius "Butch" Darab Loss Prevention Specialist, PRM: 16 Years of Experience Sandy Wilcox Loss Prevention/Administrative Assistant, PRM Karen Lesza Administrative/Claims Assistant, PRM NA,=rle Chandler Loss Prevention/Administrative Assistant, PRM ARTHUR J. GALLAGHER & CO. Glenn Tobey Paul Erickson Andy Cooper Sonia Fatheree Candace Koester Jim Sampson Area President/Branch Manager, Arthur J. Gallagher & Co.: 26 Years of Insurance experience. Senior Area Vice President, Arthur J. Gallagher & Co.: 32 Years of Insurance experience. Program Marketing Manager, Arthur J. Gallagher & Co.: 19 Years of Insurance experience. Senior Client Service Representative Arthur J. Gallagher & Co.: 12 Years of Insurance Experience. Technical Assistant Arthur J. Gallagher & Co.: 2 Years of Insurance Experience Marketing Representative, Arthur J. Gallagher & Co.: 21 Years of insurance/risk management experience. E., PUBLIC RISK MANAGEMENT OF FLORIDA SERVICE TEAM GALLAGHER BASSETT SERVICES, INC. Bill Girman Area Claims Manager, Gallagher Bassett: 35 years of insurance experience. Sandra Johnson Branch Manager, Gallagher Bassett: 22 years of insurance experience. Sonia Gomez Worker's Compensation Claims Adjuster Gallagher Bassett: 12 years of insurance experience. Cheryl Fountaine Property/Liability Claims Adjuster, Gallagher Bassett: 16 years of insurance Experience. ACTUARY Will Peacock Independent Actuary, Insurance Industry Consultants, Inc.: 31 years of insurance experience. APPRAISER Dean Rondorf Property Appraisers, Valuation Resource Management. AUDITOR Karen Fontenot Auditors, Sampey, Dexter, & Resetar, CPA A 0 0 PUBLIC RISK MANAGEMENT OF FLORIDA ORGANIZATION PRM is organized under an Interlocal Agreement with each member having a Board Member and Alternate Member on the PRM Board of Directors. PRIVI is Self Governed by its members with each member having an equal vote . ALL decisions are made by the Board of Directors. The PRM By-laws do include an initial two year commitment and a one year notice thereafter. New members only have the initial two year commitment. This provision has added coverage availability and rate stability to the association. The Board of Directors must approve all new members. PRM is careful in the selection of new members, which adds to stability of the pool. PRM's territory is limited geographically which enables PRM to provide the best services and coverage available. PRM has a full-time Executive Director and seven employees to provide you dedicated service. In addition to assisting members in the claims handling, PRM offers complete Risk Management and Loss Prevention services. PRM provides on -site Loss Prevention services, including assisting members in setting up Safety Committees and Drug Free Workplace Programs. PRM provides various seminars for its members throughout the year. Excess Reinsurance, Technical Support, Marketing, and Underwriting services are provided by Arthur J. Gallagher & Co. , who is one of the nation's leading Public Entity Brokers. Arthur J. Gallagher & Co. is the fourth largest Insurance Brokerage firm in the United States. Claims Service is provided by Gallagher Bassett Services, who provides Claims Services to over 150 Public Entities in Florida, and thousands on the National level. Included in the Claims Service is Managed Care for Workers' Compensation. 10 PUBLIC RISK MANAGEMENT OF FLORIDA REINSURANCE FINANCIAL SECURITY Public Risk Management's (PRM) Reinsurance Program consists of both Specific Excess and Aggregate Excess insurance. Specific Excess Specific Excess Loss Protection is placed to cover large or catastrophic claims excess of $100,000 for Property and Third Party Liability, $150,000 for Workers Compensation and Employers Liability, and $25,000 for Crime. American Reinsurance and Lloyd's of London are the lead reinsurers, providing the first $10,000,000 for Property, $2,000,000 for Third Party Liability, $400,000 for Workers Compensation and $100,000 for Crime. American Re is the second largest reinsurer in the world, and has a dedicated unit to service Public Entities. Safety National Corporation provides Statutory Coverages above the $400,000 for Workers Compensation and up to $2,000,000 for Employers Liability. Various Property Carriers provide Excess Property Insurance up to a Full TIV Limit of over $1 Billion. American Re A+XV Lloyd's of London A XV Safety National Corporation A VII Various Property Carriers "A" Rated Carriers Aggregate Excess Aggregate Excess Loss Protection is provided to protect its members against adverse loss experience in any given year. Aggregate Excess protection is used upon exhaustion of the member's Loss Fund. This protection is for all lines of coverage. Aggregate Excess Protection is provided by American Re. Protected Self Insurance Program This Specific Excess and Aggregate Excess Reinsurance Program provides the PRM member's Financial Security that makes it the Premier Program of its kind. The Self Insured Retention levels of PRM are conservatively low to offer additional Financial Security for it members. Actuarial Services and Audited CPA Financial Statement Annually, PRM has an Actuarial study conducted on its loss and loss expense reserves. This report is incorporated into an annual Audited CPA Financial Statement. Both the Actuarial study and the Audited CPA Financial Statement have been provided to you previously. PRM fully complies with GASB10 accounting. PRM does not discount loss reserves or take credit in advance of receiving monies for Second Injury Fund recoveries. Interest Earnings and Cash Flow Member Contribution's earn interest for the benefit of the members. The interest earnings can be used to off -set PRM expenses, used to pay claims, or be returned to the members as participation credits. 11 AGGREGATE COVERAGE $5,000,000 APPLIES WHEN LOSS FUND IS EXHAUSTED AMERICAN RE LOSS FUND PUBLIC RISK MANAGEMENT OF FLORIDA PROTECTED SELF-INSURANCE PROGRAM — FINANCIAL . OCTOBER 1, 2002 — OCTOBER 1, 2003 PROPERTY WORKERS' COMPENSATION Safety National Various Carriers* Statutory Limits $499,000,000 Excess of $400,000 Per Occurrence EMPLOYERS' LIABILITY Excess of $1,600,00 Per Occurrence $1,000,000 GENERAL Excess of $400,000 LIABILITYIAUTOMOBILE LIABILITY PUBLIC OFFICIAL'S LIABILITY American Re American Re $1,000,000 American Re Including SIR $2,000,000 Including SIR $400,000 Including -SIR SIR SIR SIR Per Occurrence Per Occurrence Per Occurrence $100,000 $100,000 $150,000 12 0 0 PUBLIC RISK MANAGEMENT OF FLORIDA 2002 -2003 EXCESS PROPERTY $425MM $25MM $25MM $5MM $10mm $9mm $1 mm 13 4&10 PUBLIC RISK MANAGEMENT OF FLORIDA VARIOUS CARRIERS EXCESS PROPERTY COVERAGE SUMMARY All Carriers are A Rated and above by AM Best's Rating. Carriers and ratings are listed on previous page. $500,000,000 Per Occurrence Excess of $1,000,000 (Per Coverage Document) Following Form Special Form Replacement Cost, Except ACV Vehicles Blanket, Including Owners Builder Risk SUBLIMITS: All of the Following Sublimits Are Excess'overs:01,000,000 Primary Flood and Earthquake - .$50,000,000 Per Occurrence and Aggregate Actual Loss Sustained — Business Interruption and Extra Expense Joint Loss Agreement Boiler & Machinery 14 Started 1927 Z, W.011 M 1984 became a public compan m 100+ sales offices (including intern n F T vi_ 6,488 employees M Revenues reached $910,043,000 in 4 M th largest broker in U.S. it 4th largest broker in world _1C International offices in London, Singapore, Scotland',,, -'"Bermuda, Canada, Australia, and Papua, New, Gui hea -risk management services-­ E Leading -provider of integrated M Able to service our customers* -neeft-in.-mbTe-than -1. 0- countries thro0gh-.bur. Strofiiii c.Alliancei 'Partner Network 0 0 FLORIDA PUBLIC ENTITY CLIENTS Member of the PRM of Florida City of Avon Park Town of Belleair City of Belle Glade City of Cape Coral City of Clewiston City of Crystal River City of Deltona Desoto County BOCC City of Eustis City of Ft Meade Glades County BOCC City of Gulfport Hamilton County BOCC Hardee County BOCC Hendry County BOCC Highlands County BOCC Holmes County BOCC City of Indian Rocks Beach Town of Kenneth City City of LaBelle Town of Lady Lake City of Lake Mary City of Lake Placid City of Lake Wales Lee County Port Authority Levy County BOCC Town of Longboat Key City of Longwood City of Moore Haven City of North Port City of New Port Richey City of Okeechobee Okeechobee County BOCC City of Oviedo City of Pahokee City of Port Richey City of Punta Gorda Sarasota Manatee Airport City of Safety Harbor City of Sebring South Florida Conservancy District City of South Pasadena Sun N Lakes of Sebring City of St. Pete Beach Tampa Bay Water City of Tavares City of Temple Terrace City of Wauchula City of Winter Garden City of Zephyrhills Florida Coun!j Board of Commissioners Alachua County Board of Commissioners Brevard County Board of Commissioners Charlotte County Board of Commissioners Citrus County Board of Commissioners Collier County Board of Commissioners Escambia County Board of Commissioners Indian River County Board of Commissioners Lake County Board of Commissioners Lee county Board of Commissioners Manatee County Board of Commissioners Osceola County Board of Commissioners Polk County Board of Commissioners Metro Dade County Board of Commissioners Monroe County Board of Commissioners Palm Beach County Board of Commissioners Pasco County Board of Commssioners Putnam County Board of Commissioners Seminole County Board of Commissioners Volusia County Board of Commissioners Cities, Towns, & Villaqes City of Clearwater City of Coconut Creek City of Coral Gables City of Coral Springs City of Daytona Beach City of Dunedin City of Ft. Lauderdale City of Gainsville City of Hallandale City of Hileah 16 0 . 0 FLORIDA PUBLIC ENTITY CLIENTS Cities, Towns, & Villiages continued Other Authorities, Districts City of Key West City of Lauderhill City of Lighthouse Point City of Margate City of Miami Springs City of Melbourne City of Miramar City of Naples City of North Miami City of Oakland Park City of Palm Bay City of Palm Beach City of Pernbrooke Pines City of Riviera Beach City of Sanford City of Sunrise City of Tamarac City of West Palm Beach City of Winter Haven Members of the Florida Housin A uthoritV Risk Management Pool Avon Park Housing Authority Bradenton Housing Authority Brevard County Housing Authority Cocoa Housing Authority Daytona Beach Housing Authority Melbourne Housing Authority New Smyrna Beach Housing Authority Ocala Housing Authority Palatka Housing Authority Plant City Housing Authority Sanford Housing Authority Suwannee Housing Authority Tallahassee Housing Authority Tarpon Springs Housing Authority Titusville Housing Authority Broward County Housing Authority Escambia Utilities Authority Greater Orlando Aviation Authority Florida Keys Adqueduct Metro Dade Transit Authority Monroe County/Key West Housing Authority South Florida Water Management Orlando -Orange County Expressway Authority 17 0 0 FLORIDA EDUCATIONAL CLIENTS Individual Florida School Systems State of Florida University Systems Broward County School Board Florida A & M University Clay County School Board Florida Atlantic University Collier County School Board Florida International University Dade County School Board Florida State University Duval County School Board University of Central Florida Escambia County School Board University of Florida Florida Junior College at Jacksonville University of North Florida Hillsborough County School Board University of West Florida Leon County School Board Monroe County School Board Independent Col/e_qes & Okaloosa County School Board Universities Risk Mana-gemen Pasco County School Board Association LLC Seminole County School Board Barry University Members of the Northeast Florida Clearwater Christian College Educational Consordum Florida Institute of Technology Baker County School Board Nova Southern University Bradford County School Board Palm Beach Atlantic College Columbia County School Board Ringling School of Art & Design Dixie County School Board Southeastern College of the Flagler County School Board Assemblies of God Gilchrist County School Board Hernando County School Board Catholic School System Levy County School Board Nassau County School Board Archdiocese of Miami Schools Putnam County School Board Diocese of Orlando Schools Union County School Board Diocese of Palm Beach Schools Diocese of Pensacola -Tallahassee Members of the Florida School Board Schools Association Insurance Trust Diocese of St. Augustine Schools Diocese of Venice Shools Alachua County School Board St. Thomas University Citrus County School Board Lafayette County School Board Lake County School Board Okeechobee County School Board Santa Rosa School Board Suwannee County School Board Taylor County School Board in 0 0 0 FLORIDA EDUCATIONAL CLIENTS <21 Members of the Florida Community Co/lege of Risk Management Cosortium Polk County School Board Brevard Community College Broward Community College Central Florida Community College Chipola Junior College Daytona Beach Community College Edison Community College Florida Keys Community College Gulf Coast Community College Hillsborough Community College Indian River Community College Lake City Community College Lake -Sumter Community College Manatee Junior College Miami -Dade Community College North Florida Junior College Okaloosa-Walton Junior College Palm Beach Community College Pasco -Hernando Community College Pensacola Junior College Polk Community College St Johns River Community College St Petersburg Community College Santa Fe Community College Seminole Community College South Florida Junior College Tallahassee Community College Valencia Community College 19 0 0 PUBLIC RISK MANAGEMENT OF FLORIDA GALLAGHER BASSETT SERVICES, INC. CLAIMS MANAGEMENT The Gallagher Bassett Claims management system encompasses far more than the calculation of losses and the payment of claims. While proper field investigation and claims adjusting are essential to the overall effective of the system, Gallagher Bassett Claims Management functions in a multitude of other areas. We excel, for example, in: 9 Litigation Management: Selecting, directing and controlling defense counsel. Subrogation Management: Actively pursuing reimbursement from the primary loss source. Rehabilitation Management: Establishing realistic reserves with periodic review and adjustment. Settlement Management: Reviewing payment alternatives available including "Structured Settlements." Accountability, planning and involvement comprise the cornerstone of Gallagher Bassett's "hands-on" claims management philosophy. Specific aspects of our comprehensive approach include review committees to monitor potentially serious claims; area claims managers to provide input to the field adjusting staff, realistic assignment of adjuster case loads. In the final analysis, Gallagher Bassett claims management is a partnership with PRM; thus insuring the assets of each member. 0 Claims Management Reports (RISX-FACS(E)) Reports by Coverage Comprehensive Data Reports by Department Ad Hoc Capabilities Accurate Reports Timely Reports 20 0 0 K� CITY OF OKEECHOBEE PUBLIC RISK MANAGEMENT OF FLORIDA COVERAGE SUMMARY PROPERTY 4WONWOV • Blanket Coverage — Full Total Insurance Values ($4,828,393) • Special or "All Risk" • No Coinsu rance/Ag reed Amount • Flood Sublimit - $50,000,000 Aggregate (Excess of the National Flood Insurance Program in Flood Zones "A" or "V") • Earthquake Sublimit - $50,000,000 Aggregate * Replacement Cost: Building & Contents; Actual Cash Value - Automobiles • $2,000,000 Extra Expense & Business Interruption • Increased Cost of Construction - Building Ordinance - Included • Property in Transit Included • Includes Owned Property in Course of Construction (Owner's Builders Risk) • Electronic Data Processing • Valuable papers and Accounts Receivable • Inland Marine - Contractors Equipment • Employees Personal Property - $1,000/$25,000 Maximum • Employees Tools - $10,000 • Fine Arts - $100,000 • Automatic Coverage Remainder of Policy Term Up to $5,000,000 - No Additional Premium • Automatic Coverage for APD - No Mid -Term Adjustments • Deductible: $1000 • Wind Deductible: 2% Named Storm (This is a summary only. Members should refer to the actual policies for terms and conditions.) 21 0 CITY OF OKEECHOBEE PUBLIC RISK MANAGEMENT OF FLORIDA GENERAL LIABILITY, AUTOMOBILE LIABILITY, POLICE PROFESSIONAL OCCURRENCE FORM 9 Limit - $2,000,000 Bodily Injury/Property Damage Mental Injury Mental Anguish Shock False Arrest False Imprisonment Detention Malicious Prosecution Invasion of Rights of Privacy Assault & Battery • Blanket Contractual - Hold Harmless Agreements included for Governmental & Non -Governmental entities • Includes Property in Care, Custody, & Control of City or County • Host & Liquo Liability • EMT/Paramedical covered • Police Professional • Dams/Reservoirs Included • Florida No -Fault (Automobile) • Automatic Coverage for Automobile Liability — No Mid -Term Adjustments • Deductible: NIL (This is a summary only. Members should refer to the actual policies for terms and conditions.) 22 CITY OF OKEECHOBEE PUBLIC RISK MANAGEMENT OF FLORIDA PUBLIC OFFICIALS CLAIMS MADE FORM • $2,000,000 per occurrence/$3,000,000 per member aggregate limit • Wrongful Acts • 1 year Extended Reporting Period - No Charge • Violation of Civil Rights • Discrimination • Sexual Harassment/Sexual Molestation (Per Approval) • Deductible: NIL CRIME * $100,000 Employee Dishonesty/Faithful Performance Bond, includes Finance and Assistant Finance Director (Optional Higher Limits) * $100,000 Forgery & Alteration * $100,000 Money& Securities * Deductible: $1000 WORKERS' COMPENSATION • Workers' Compensation - Statutory • Employers' Liability • All States Coverage e Jones Act Deductible: NIL (This is a summary only. Members should refer to the actual policies for terms and conditions.) 23 0 Mold PUBLIC RISK MANAGEMENT OF FLORIDA WHAT IS NOT INCLUDED PROPERTY and CRIME Terrorism Property Losses of a Degenerative Nature (Wear, Tear, Deterioration) Rust Wet or Dry Rot Physical Damage to Aircraft Physical Damage to Watercraft over 40 Feet Employee Tools Animals Land and Land Values Streets, Roads, Bridges, Sea Walls, Sewer & Water Lines, Electrical T&D Lines Trees, Shrubs, Bushes War, Nuclear Boiler & Machinery Fidelity Required by Law Inventory Shortage Uninsurable Excluded Uninsurable Uninsurable Hull Coverage Available Available by Endorsement Limited to $10,000 Per Occurrence (Higher Limits Available) Uninsurable Uninsurable Separate Inland Marine Coverage Outside PRM Normally Uninsurable Uninsurable Available on PRM Master Policy Individual Public Officials Bonds Available Uninsurable Automatic Coverage Limited to New Construction/Additions $5,000,000 The First $1,000 of any Loss Maintenance Deductible This is a summary only. Members should refer to the actual document for Terms & Conditions. 24 0 0 .ddonk—�— PUBLIC RISK MANAGEMENT OF FLORIDA WIRER ENDORSEMENTS TO COVERAGE DOCUMENT The following endorsements will be added to the Public Risk Management Coverage Document and Excess Property Policies. The Actual endorsements and wording to follow: WIND DEDUCTIBLE ENDORSEMENT — Coverage Document 2% Named Windstorm/Hail deductible applies with $100,000 minimum and $500,000 maximum. The first $100,000 is subject to the Public Risk Management Loss Fund. The individual member is responsible for amounts above $100,000. WIND DEDUCTIBLE ENDORSEMENT — Excess Property .. 2% Named Windstorm/Hail deductible applies with no minimum or maximum. FLOOD DEDUCTIBLE — Coverage Document The Flood Deductible for NFIP Flood Zones "A" or "V" is $500,000 for Building, $500,000 for Contents and $500,000 for Business Interruption & Extra Expense. This includes Property in the Open. MISCELLANEOUS ENDORSEMENTS — Coverage Document 1 . Newly Acquired Property Limit is amended to $2,500,000. 2. Builders Risk for new construction is limited to $2,500,000 and is for Owners Builders Risk only when the Owners is construction the building, and does not include coverage when a contractor(s) or sub-acontractor(s) performs work. 25 0 0 0 PUBLIC RISK MANAGEMENT OF FLORIDA ENDORSEMENTS TO COVERAGE DOCUMENT TERRORISM — Coverage Document and Excess Property 1 . Absolute Terrorism Exclusion applies to the following: Property General Liability Automobile Liability Crime Employee Benefit Liability Public Officials Errors and Omissions Excess Liability, If Applicable 2. Limited Terrorism Exclusion applies to Workers Compensation: Public Risk Management is covered for Terrorism under Workers Compensation for $250,000 Per Occurrence and $2,000,000 Annual Aggregate Excess of the Self -insured Retention of $150,000. The member is responsible for the first $150,000 of each occurrence and not subject to the Loss Fund. This limited coverage does not apply to airports or locations with over $50,000,000 in property building values. Note: Excess Workers Compensation for Statutory Limits Excess of $400,000 does not exclude Terrorism. MOLD AND FUNGUS EXCLUSION ENDORSEMENT — Coverage Document and Excess Property Absolute Mold Exclusion applies to the Public Risk Management Coverage Document, for ail lines of coverage; and the Excess Property. This includes mold resulting from a covered peril. Note: Excess Workers Compensation for Statutory Limits Excess of $400, 000 does not exclude Mold. 26 0 Mold Terrorism Aircraft Liability PUBLIC RISK MANAGEMENT OF FLORIDA WHAT IS NOT INCLUDED THIRD PARTY LIABILITY Airport Liability Fiduciary/ERISA Liability Florida Statutory AD&D Hospitai/Clinic Malpractice Inverse Condemnation, Eminent Domain injunctive Relief, Declaratory Judgement Medical Payments (Not Legal Liability) Seepage, Pollution, Contamination Uninsured Motorist War, Nuclear I rZWO& Uninsurable Excluded Separate coverage available outside PRM. PRM Airport Master Policy Individual Coverage Available Individual Coverage Available Professional Liability Available Uninsurable Uninsurable Rejected by PRM, Accident Medical Available Individual Coverage Available for Underground Storage Tanks Wor Broad Form Pollution Coverage Rejected by PRM Uninsurable This is a summary only. Members should refer to the actual document for Terms & Conditions. 27 PUBLIC RISK MANAGEMENT OF FLORIDA OPTIONAL BOILER & MACHINERY Carrier: Travelers Indemnity Company Best's Rating: A+ XV Term Annual October 1, 2002-2003 Limit Per Accident: $50,000,000 Sublimits: Expediting Expenses Policy Limit Ammonia Contamination Policy Limit Water Damage Policy Limit Hazardous Substance $2,000,000 Demolition/Increased Cost $1,000,000 Media $500,000 Brands & Labels Policy Limit Errors in Description Policy Limit Computer Equipment Policy Limit Coverages: Broad Comprehensive Coverage (including certain electronic control equipment.) Repair of Replacement Value Business Interruption/Extra Expense at Policy Limit Refrigeration Interruption (Spoilage) at Policy Limit Service Interruption at Policy Limit — Excludes Property perils — 4 hour waiting period. Locations Insured: As submitted and on file with Travelers Property Perils Excluded: Freeze, Flood, Earthquake, Lightning & EC Perils. Deductible: $1,000 per occurrence (Please note: If your entity previously purchased this coverage, it will automatically be included under your renewal premiums on the Contribution Breakdown page.) 28 0 0 0 Carrier: Best's Rating: Term: Limits: Underlying Limits - Coverage: CW CITY OF OKEECHOBEE PUBLIC RISK MANAGEMENT OF FLORIDA EXCESS LIABILITY American Reinsurance & United National Insurance Co. A+VlII Annual — October 1, 2002 — October 1, 2003 $3,000,000 Per Occurrence — GL/AL/POL/LEL/EBL $3,000,000 Aggregate (POL,EBL) $2,000,000 Per Occurrence $3,000,000 Aggregate (POL) Excess Follow Form, with the following additional exclusions Exclusions: Dams or Reservoirs Marina & Wharfinger Liability Failure to Supply Electric & Gas Sexual Molestation/Sexual Abuse Asbestos Terrorist Activity Mold Pollution Nursing Homes Retro Date: 10/1/98 Public Officials' Errors & Omissions 10/1/98 Employee Benefits Liability (Please note: If your entity previously purchased this coverage, it will automatically be included under your renewal premiums on the Contribution Breakdown page.) 0421 0 CITY OF OKEECHOBEE PUBLIC RISK MANAGEMENT OF FLORIDA PROPERTY EXPOSURE PROPERTY INFORMATION 1. Total Building Values 2. Total Contents Values 3. Declared (Property in the Open) 4. EDP (Hardware, software, extra exp.) 5. Business Interruption Values /Extra Expense Values 6. Contractors' Equipment/Off Road Equipment 7. Automobile Values 8. Other Misc. Values TOTAL INSURANCE VALUES 2001/2002 $1,377,200 $303,400 $282,000 $80,100 $2,000,000 $278,419 $912,934 $195,000 4GW10 * 2002/2003 $1,723,075 $405,115 $600,154 $84,105 $2,000,000 $278,419 $532,775 $204,750 $4,429,053 $4,828,393 011 0 0 CITY OF OKEECHOBEE PUBLIC RISK MANAGEMENT OF FLORIDA AUTOMOBILE EXPOSURE AUTOMOBILE INFORMATION 2001/2002 2002/2003 Police Cars 18 18 Fire Cars 1 1 Private Passenger Cars 2 3 Vans, Pickups/Light Trucks 5 5 Medium Trucks 2 2 Heavy Trucks 3 3 Fire Trucks 5 5 Buses 0 0 Ambulances/Rescue 0 0 Motorcycles 0 0 Other: 0 0 TOTAL VEHICLE COUNT 36 37 4 &10,6111,10 31 CITY OF OKEECHOBEE' PUBLIC RISK MANAGEMENT OF FLORIDA GENERAL LIABILITY EXPOSURE Miles of Street/Roads Number of Bridges Number of Dams/Reservoirs Number of Employees Full -Time Equivalent Number of Volunteer Firemen Number of Volunteer Police Number of Volunteers (All Other) Number of Armed Police # of Deputized Firefighters # of Code Enforcement Officers # of Any Other Deputized Personnel Number of EMT's/Paramedics Number of Swimming Pools Number of Parks Number of Parks with Lakes Watercraft: Yes No _X Aircraft: Yes No _X 2001/2002 2002/2003 60.29 61.09 1 1 0 0 59 61 10 10 10 10 0 0 19 19 0 0 Same as Fire Chief Same as Fire Chief 1 1 10 11 0 0 0 0 0 0 32 0 0 CITY OF OKEECHOBEE PUBLIC RISK MANAGEMENT OF FLORIDA WORKER'S COMPENSATION EXPOSURE BASED ON PAYROLL CLASSIFICATION CODE 5509 7704 7720 8810 2001/2002 $217,684 $356,609 $623,054 $435,692 TOTAL $1,633,u3u Estimated 2002/2003 $223,621 $360,070 $593,718 $502,718 33 0 G- RISK FACS REPORTDATED 06/30/02 CITY OF OKEECHOBEE - 047 Member Total Net Total Specific Fiscal Contribut Safety Drug Net Total Excess Net Total Experience ed Free Member Year Loss Credit** Credit" Loss Experien Experien Experience Net Loss Fund Fund ce ce Fund -I. I -� I - ) + % 93/94 0 0 0 0 0 0 0 0.0% 94/95 0 0 0 0 1 0 0 0.0% 95/96 0 0 0 0 0 0 0 0.0% 96/97 0 0 0 0 0 0 0 0.0% 97/98 0 0 0 0 43,459 0 43,459 100.0% 98/99 29,700 0 0 29,700 6,623 0 6,623 22.3% 99/00 44,100 0 0 44,100 43,533 0 43,533 98.7% 00/01 48,715 0 2,436 46,279 15 351 151,3 327.0% 01/02 53,797 1,076 2,690 50,031 33,919 0 33,919 67.8% TOTAL 176,312 1,076 5,126 170,110 278,886 0 278,886 163.9% NUMBER OF CLAIMS Fiscal Auto Workers Year Liability APD Liability Property Compensati Total on 93/94 0 0 0 0 0 0 94/95 0 0 1 0 0 1 95/96 0 0 0 0 0 0 96/97 0 0 0 0 0 0 97/98 0 0 2 0 0 2 98/99 1 5 1 0 2 9 99/00 3 2 1 1 10 17 00/01 2 3 1 2 12 20 01/02 3 0 0 0 5 8 TOTAL 9 10 6 3 29 57 PERCENTAGE 16% 18% 11% 5% 51% 100% ** SAFETY AND DRUG FREE CREDITS WERE ESTABLISHED IN THE 96/97 FISCAL YEAR. PREPARED BY PRIVI July 15, 2002 34 CITY OF OKEECHOBEE PUBLIC RISK MANAGEMENT OF FLORIDA MEMBER CONTRIBUTION Excess Insurance 02-03 Premiums Package Policy 21,354 Excess Property TIV 4,828,393 0.285 13,761 Excess WC Payroll 1,680,027 0.2015 3,385 Total Excess Insurance 38,500 Loss Fund Loss Fund Contribution at 100% 96,628 Drug: Yes Safety: No 0.95 Loss Fund After Credits 91,797 Adminstration PRM 6,342 Administration GB 8,939 State 6,095 Fees Sub 21,376 Total Agent 6,868 Fee Total 28,244 Administration B&M Excess Liability 8,121 TOTAL 166,662 The PRM Board, at the September 6, 2002 Board Meeting, will be considering funding part of the loss fund which will reduce your costs. 35 1 GIN "10) CITY OF OKEECHOBEE PUBLIC RISK MANAGEMENT OF FLORIDA MEMBER COST ALLOCATION t Package 21,354 Loss Fund After Credits 91,797 GB + PRM Admin. + Local Agent Fee 22,149 Total All Lines 135,300 Property Total All Lines 135,300 0.100 13,530 Excess Property 13,761 Excess Crime, If Applicable 0 Total Property 27,291 General Liability Total All Lines 135,300 0.175 23,678 Automobile Liability 135,300 0.150 20,295 Errors & Omissions 135,300 0.075 10,148 Workers Compensation Total All Lines 135,300 0.500 67,650 Excess Workers Compensation 3,385 State Fees 6,095 Total Workers 77,130 Compensation Boiler & Machinery, If Applicable 0 Excess Liability 8,121 Total Costs 166,662 36 0 0 QED PUBLIC RISK MANAGEMENT OF FLORIDA DISCLOSURES ACTUARIAL DISCLAIME The information contained in this proposal is based on the historical loss experience and exposures that were provided to Arthur J. Gallagher & Co. This proposal is not an actuarial study. Should you wish to have this proposal reviewed by an independent actuary, we will be pleased to provide you with a listing of actuaries for your use. FEES ANDIOR COMMISSIONS DISCLAIMER In addition to the fees and/or commissions retained by Arthur J. Gallagher & Co., it is understood and agreed that other parties, such as excess and surplus lines brokers, wholesalers, reinsurance intermediaries, underwriting managers, and similar parties, some of which may be owned in whole or in part by Gallagher's corporate parent, may earn and retain usual and customary commissions and/or fees in the course of providing insurance products. Any such fees and/or commissions will be the responsibility of client and not Arthur J. Gallagher & Co. ADDITIONAL BROKE.RICARR.IER CO.MPENS.ATION —DISCL—AIMER, Gallagher from time to time enters into arrangements with certain insurance carriers or those carriers' reinsurers providing for compensation, in addition to commissions, to be paid by such carriers or reinsurers to Gallagher or its affiliates based on, among other things, the volume of premium and/or underwriting profitability of the insurance coverages written through Gallagher by such carriers or reinsurers. In addition, Gallagher and its affiliates provide management and other services to, and receive compensation for those services from, certain reinsurers that reinsure insurance coverages written through Gallagher by other insurance carriers. The insurance coverages you purchase through Gallagher might be issued by an insurance carrier or reinsured by a reinsurer that has such a relationship with Gallagher or its affiliates. POLICY DISCLAIMER The proposal is an outline of the coverages proposed by the insurers, based on the information provided by your company. It does not include all terms, coverages, exclusions, limitations, conditions of the actual contract language. The policies themselves must be read for those details. Policy forms for your reference will be made available upon request. 7 NON -ADMITTED CARRIER DISCLAIMER This insurance is proposed using a non-admitted/surplus lines carrier. Persons insured by surplus lines carriers do not have the protection of the Florida Insurance Guaranty Act to the extent of any right of recovery for the obligation of an insolvent unlicensed insurer. POOL FUNDING DISCLAIMER Arthur J. Gallagher & Co. does not provide actuarial services or actuarial estimates of losses. If the excess insurer or reinsurer that provides excess coverage caluculates a loss fund for the pool, it is our recommendation that the pool fully fund that amount. Further, it is our recommendation that the pool contract with an appropriately certified actuary to provide recommendations for overall pool funding, surplus and reserve funds. 37