#11-5734 (Friends of Rookery Bay, Inc.)2012 TOURISM AGREEMENT BETWEEN
COLLIER COUNTY AND FRIENDS OF ROOKERY BAY, INC.
THIS AGREEMENT is made and entered into this -7lay of
2011, by and between the Friends of Rookery Bay, Inc. a Florida not - for -profit corporation,
hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of
Florida, hereinafter referred to as "COUNTY ".
WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred
to as "Plan") funded by proceeds from the Tourist Development Tax; and
WHEREAS, GRANTEE has applied to the Tourist Development Council and the County
to use Tourist Development Tax funds for GRANTEE'S out of county marketing expenses; and
WHEREAS, The Tourist Development Council has recommended funding for
GRANTEE'S out of market advertising, website enhancement and related marketing and
promotion expenditures; and
WHEREAS, the Collier County Board of County Commissioners has approved the
funding request of the GRANTEE and the Chairman was authorized to execute the Tourism
Agreement.
NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES
PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY
AGREED AS FOLLOWS:
1. SCOPE OF WORK:
(a) In accordance with the authorized expenditures as set forth in the Budget,
attached hereto as Exhibit "F ", the GRANTEE shall expend the funds for the promotion of
GRANTEE'S marketing (hereinafter "the Project ")
2. PAYMENT:
(a) The amount to be paid under this Agreement shall be a total of Forty Thousand
Dollars ($40,000). GRANTEE shall be paid in accordance with the fiscal procedures of the
County for the expenditures incurred as described in Paragraph One (1) herein upon submittal of
a Request for Funds on the form attached hereto as Exhibit "D" and made a part hereof, and shall
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submit vendor invoices, copies of credit card receipts and statements and two -sided copies of
cancelled checks, on —line bill pay transaction registers or other acceptable evidence of payment,
original tear sheets of print ads showing publication name and date, affidavit of broadcast dates
and times, screen shots of on -line ads showing date of capture, or samples of printed materials to
the Director of Tourism or his designee, for review and upon verification by letter from the
GRANTEE that the services or work performed as described in the invoices have been
completed or that the goods have been received and that all vendors have been paid. Should
these documents be unavailable, the GRANTEE may submit other legally viable evidence of
payment subject to review and approval by the Clerk's Office.
(b) The Tourism Director, or his designee, shall determine that the invoice payments
are authorized and that the goods or services covered by such invoice[s] have been provided or
performed in accordance with such authorization. The budget attached as Exhibit "F shall
constitute authorization for the expenditure[s] described in the invoice[s].
(c) All expenditures shall be made in conformity with this Agreement.
(d) The COUNTY shall not pay GRANTEE until the Clerk of the Board of County
Commissioners pre- audits all payment invoices in accordance with law.
(e) GRANTEE shall be paid for its actual costs, not to exceed the maximum amount
budgeted pursuant to the attached "Exhibit F.
(f) Expenditures with publications, broadcast and brochure distribution with
circulation or reach outside Collier County over fifty percent (50 %) of the total will be
acceptable for reimbursement at full value based on a statement from the publisher, broadcaster
or distributor attesting to that circulation percentage.
(g) Invoices for- prepayment or for deposit on services will not be eligible for
reimbursement.
(h) Services or product must be delivered and paid for by GRANTEE between the
effective dates of this agreement.
(i) All requests for reimbursement must be received by September 30, 2012, to be
eligible for payment.
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3. ELIGIBLE EXPENDITURES:
(a) Only eligible expenditures described in Paragraph One (1) will be paid by
COUNTY.
(b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2011
and September 30, 2012.
(c) Any expenditures paid by COUNTY which are later deemed to be ineligible
expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY's written request
to repay said funds.
(d) COUNTY may request repayment of funds for a period of up to three (3) years
after termination of this Agreement or any extension or renewal thereof.
4. REPORTING REQUIREMENTS:
(a) GRANTEE shall provide to County a preliminary status report on the form
attached hereto as Exhibit "A" within thirty (30) days of the effective date of the agreement.
(b) GRANTEE shall provide to County a calendar quarter interim status report on the
form attached hereto as Exhibit `B" whether or not a Request for Funds is submitted.
(c) GRANTEE shall provide to County a final status report on the form attached
hereto as Exhibit "C" no later than October 15, 2012.
(d) Each report shall identify the economic impact generated by the GRANTEE
through the use of reports which identify the amount spent, the duties performed, the services
provided, and the goods delivered since the previous reporting period.
(e) GRANTEE shall take reasonable measures to assure the continued satisfactory
performance of all vendors and subcontractors.
(f) COUNTY may withhold any interim or final payments for failure of GRANTEE
to provide the interim status report or final status report until the County receives the interim
status report or final status report or other report acceptable to the Tourism Director.
(g) GRANTEE shall request that visitors to Rookery Bay complete the visitor
questionnaire attached to this Agreement as Exhibit "E ". All completed visitor questionnaires
shall be maintained in accordance with Paragraph Thirteen (13) of this Agreement.
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5. CHOICE OF VENDORS AND FAIR DEALING:
(a) GRANTEE may select vendors or subcontractors to provide services as described
in Paragraph One (1).
(b) COUNTY shall not be responsible for paying vendors and shall not be involved in
the selection of subcontractors or vendors.
(c) GRANTEE agrees to disclose any financial or other relationship between
GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related
employees, agents, officers, directors and/or shareholders.
(d) COUNTY may, in its discretion, object to the reasonableness of expenditures and
require payment if invoices have been paid under this Agreement for unreasonable expenditures.
The reasonableness of the expenditures shall be based on industry standards.
6. INDEMNIFICATION:
GRANTEE shall indemnify and hold harmless Collier County, its agents, officers and
employees from any and all liabilities, damages, losses and costs, including, but not limited to,
reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the GRANTEE or anyone employed or utilized
by the GRANTEE in the performance of this Agreement. This indemnification obligation shall
not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be
available to an indemnified parry or person described in this paragraph.
7. NOTICES:
All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly
served if mailed by registered or certified mail to the GRANTEE at the following address:
Bruce Robertson, Board President
Friends of Rookery Bay
300 Tower Road
Naples, Florida 34113
All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly
served if mailed by registered or certified mail to the COUNTY to:
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Jack Wert, Tourism Director
Collier County Tourism Department
2800 N. Horseshoe Drive
Naples, Florida 34104
The GRANTEE and the COUNTY may change the above mailing address at any time
upon giving the other parry written notification pursuant to this Section.
8. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a
partnership between the COUNTY and the GRANTEE, or its vendors or subcontractors, or to
constitute the GRANTEE, or its vendors or subcontractors, as an agent or employee of the
COUNTY.
9. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all
matters pertaining to this Agreement and shall provide all information and documentation
requested by the COUNTY from time to time pertaining to the use of any fimds provided
hereunder.
10. TERMINATION:
(a) The COUNTY or the GRANTEE may cancel this Agreement with or without cause
by giving thirty (30) days advance written notice of such termination specifying the effective date
of termination.
(b) If the COUNTY terminates this Agreement, the COUNTY will pay the
GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with
subcontractors and vendors, up to the effective date of the termination so long as such expenses are
eligible.
11. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and
accurate accounting records. All revenue related to the Agreement must be recorded, and all
expenditures must be incu red within the term of this Agreement.
12. AVAILABILITY OF FUNDS: This agreement is subject to the availability of
Tourist Development Tax revenues. If for any reason tourist tax funds are not available to fund
E
all or part of this agreement, the COUNTY may upon written notice, at any time during the term
of this agreement, and at its sole discretion, reduce or eliminate funding under this agreement.
13. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books,
documents, papers and financial information pertaining to work performed under this Agreement
for a period of three (3) years. GRANTEE agrees that the COUNTY, or any of its duly authorized
representatives, shall, until the expiration of three (3) years after final payment under this
Agreement, have access to, and the right to examine and photocopy any pertinent books,
documents, papers, and records of GRANTEE involving any transactions related to this
Agreement.
14. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or
transfer in whole or in part its interest in this Agreement without the prior written consent of the
COUNTY.
15. TERM: This Agreement shall become effective on October 1, 2011 and shall
remain effective for one year until September 30, 2012. If the project is not completed within the
term of this agreement, all unreleased funds shall be retained by the COUNTY. Any extension of
this agreement beyond the one year term in order to complete the Project must be at the express
consent of the Collier County Board of County Commissioners.
16. The GRANTEE must request any extension of this term in writing at least sixty
(60) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to
this Agreement to extend the term for an additional ninety (90) days.
17. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and
evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated,
providing a written report to the Tourism Director or his designee, along with a final budget
analysis by October 15, 2012.
18. REQUIRED NOTATION: All promotional literature and all print, broadcast and
on -line media advertising must prominently list Collier County and the Tourist Development
Council as a source of funds to read "A cooperative effort funded by the Collier County Tourist
0
Development Tax" and/or display the CVB logo and website address www.paradisecoast.com to
qualify for reimbursement.
19. AMENDMENTS: This Agreement may only be amended by mutual written
agreement of the parties, after review by the Collier County Tourist Development Council if
warranted.
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IN WITNESS WHEREOF, the GRANTEE and COUNTY have respectively, by an authorized
person or agent, hereunder set their hands and seals on the date and year first above written.
ATTEST:.
DWI OCK,: Clerk
A ;and.
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Colleen M. Greene f '
Assistant County Attorney
WITNESSES:
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Printed/T ed Name
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
W. C'J' —
FRED W. COYLE, ChairmarU
GRANTEE:
FRIENDS OF ROOKERY BAY, INC.
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Printed/Typed Name Printed/Typed Name
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Printed/Typed Title
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Collier County Tourist Development Council
Preliminary Status Report
EVENT NAME:
REPORT DATE:
ORGANIZATION:
CONTACT PERSON: TITLE:
ADDRESS:
PHONE:
FAX:
On an attached sheet, answer the following questions and attach it to your application.
PRELIMINARY INFORMATION:
Is this a first time project? If not, please give details of past projects.
Do you anticipate using area hotels in support of your project?
If so, what are the estimated hotel room nights generated by project?
What is the estimated revenue generated by this project?
What is the estimated number of participants expected to visit the project?
If project planning is in progress, what has been done, what remains to be done, and are there any
problems?
If the project planning has not been started, why?
List any planned out -of- county advertising, marketing, and /or public relations that will be used in
support of the project.
07
EXHIBIT "B"
Collier County Tourist Development Council
EVENT NAME:
REPORT DATE:
ORGANIZATION:
CONTACT PERSON:
ADDRESS:
PHONE:
Interim Status Report
TITLE:
y_jii
On an attached sheet, answer the following questions to identify the status of the proiect.
Submit this report at least quarterly.
INTERIM — These questions will identify the current status of the project. After the TDC staff
reviews this Interim Status Report, if they feel you are behind schedule on the planning stages,
they will make recommendations to help get the project stay on schedule.
Has the planning of this project started?
At what point are you at with the planning stage for this project? (Percent of completion)
Will any hotels /motels be utilized to support this project?
If so, how many hotel room nights will be utilized?
What is the total dollar amount to date of matching contributions?
What is the status of the advertising and promotion for this project?
Have your submitted any advertisements or printed pieces to the TDC staff for approval? Please
supply a sample and indicate the ad schedule.
How has the public interest for this project been up to this point?
10
EXHIBIT "C"
Collier County Tourist Development Council
EVENT NAME:
REPORT DATE:
ORGANIZATION:
CONTACT PERSON:
ADDRESS:
PHONE:
----------------
----------------
Final Status Report
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On an attached sheet, answer the following Questions for each element in your scope of work.
Final —These questions should be answered for your final status report.
Was this a first time project? If not, how many times has this event taken place?
What hotels /motels were utilized to support the project and how many?
What is the total direct economic impact and revenue generated from this event?
Total expenses. (Have all vendors been paid ?)
List the vendors that have been paid, if not, what invoices are still outstanding and why?
What is the number of participants that visited the project?
What is the percentage of the total participants from out of Collier County?
What problems occurred if any during the project event?
List any out -of- county- advertising, marketing, and /or public relations that was used to support the
project and attach samples.
How could the project been improved or expanded?
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EXHIBIT "D"
REQUEST FOR FUNDS
COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL
EVENT NAME
ORGANIZATION
ADDRESS
CONTACT PERSON
REQUEST PERIOD
( ) INTERIM REPORT
TOTAL CONTRACT AMOUNT $
EXPENSE
TOTALS
TELEPHONE (
FROM
( ) FINAL REPORT
TO REQUEST #
BUDGET REIMBURSEMENT REQUESTED
NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in your
application. Copies of paid invoices, cancelled checks, tear sheets, printed samples or other backup information
to substantiate payment must accompany request for funds. The following will not be accepted for payments:
statements in place of invoices; checks or invoices not dated; tear sheets without date, company or
organizations name. A tear sheet is required for each ad for each day or month of publication. A proof of an ad
will not be accepted.
For each request for payment, Grantee is required to submit verification in writing that all subcontractors and
vendors have been paid for work and materials previously performed or received prior to receipt of any further
payments.
If project budget has specific categories with set dollar limits, the Grantee is required to include a spreadsheet
to show which category each invoice is being paid from and total of category before payment can be made to
Grantee. Organizations receiving funding should take into consideration that it will take a maximum of 45 days
for the County to process a check.
Furnishing false information may constitute a violation of applicable State and Federal laws.
CERTIFICATION OF FINANCIAL OFFICER: I certify that the above information is correct based on our official
accounting system and records, consistently applied and maintained and that the cost shown have been made
for the purpose of and in accordance with, the terms of the contract. The funds requested are for
reimbursement of actual cost made during this time period.
SIGNATURE TITLE
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EXHIBIT "E"
Naples
Marc` ° Island
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Everglades
PARADPSE COAST' VISITOR QUESTIONNAIRE
Welcome to the Paradise Coast sm. Thank you for choosing this area for your visit. Please take
a few minutes to complete the following questions so that we can better serve the needs of
future visitors to Florida's Last Paradise sm. PLEASE REFER TO OUR PARADISE COAST BROCHURES FOR
THE LOCATION OF ALL AREA ATTRACTIONS.
NAME:
ADDRESS: CITY ST ZIP
DATE OF ARRIVAL: DATE OF DEPARTURE:
WHERE ARE YOU HOTEL /RESORT FRIENDS /FAMILY CONDOMINIUM
STAYING?
NAME OF HOTEL AND CITY /AREA:
NAME OF CONDOMINIUM /TIMESHARE:
# OF ROOMS OCCUPIED x NUMBER OF NIGHTS STAYING IN COLLIER COUNTY =
HOW DID YOU SELECT THE HOTEL /CONDOMINIUM?
INTERNET ( ) YOUR CHOICE ( ) TRAVEL AGENT ( )
OTHER:
NUMBER OF MEALS YOU & YOUR GROUP WILL EAT OUT:
Number of people in your party =
Number of days of your visit =
Number of meals eaten out each day =
PLANNED AREA ACTIVITIES: (Please circle all that apply)
ARTS & CULTURE
WATER SPORTS
NATURE
von Liebig Art Center
Beaches
Everglades Tour
Naples Museum of Art
Naples Pier
County Parks
Sugden Theatre
Shelling
National Park
Naples Philharmonic
Fishing
State Parks
Art Galleries
Boating
Corkscrew Swamp
Other
Kayaking
Conservancy of SW FL
Other
Lake Trafford
Other
� �I�JI�Lel_10 N 1 Tl ILTe
Fifth Avenue South
Third Street South
Waterside Shops
Venetian Bay
Bayfront
Tin City
Prime Outlets
Other
SIGHTSEEING
Lunch /Dinner Cruise/
Sunset Cruise
City Trolley Tour
Everglades Tour
Segway Tour
Dolphin Cruise
Other
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FAMILY ATTRACTIONS
Naples Zoo
Naples Botanical Garden
Fun 'n Sun Water Park
Swamp Buggy Race
Mini Golf
King Richard's Fun Park
Other
RELAXATION &
ENTERTAINMENT
Golf
Spa
Shelling
Seminole Casino
Lounges & Clubs
Music
Other
EXHIBIT "F"
Friends of Rookery Bay
Project Budget
FY 12 Grant Funded Projects:
• Video & PSA production
• Media advertising and production in out of Collier County print, broadcast and on -line media
• Tourism Industry Association memberships
• Website enhancements
• Direct mail and e- marketing production & distribution
Total Project Budget not to exceed
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$40,000
DEPARTMENT OF FINANCIAL SERVICES
Division of Risk Management
R
Policy Number
Name Insured:
GL -2000
STATE RISK MANAGEMENT
al KE11
General Liability
Certificate of Coverage
Department of Environmental Protection
General Liability Coverage provided pursuant to Chapter 284, Part II, Section 768.28, Florida
Statutes, and any rules promulgated thereunder.
Coverage Limits:
General Liability: $100,000.00 each person
$200,000.00 each occurrence
Inception Date: July 1, 2011
Expiration Date: July 1, 2012
iY1#wA1—
CHIEF FINANCIAL OFFICER
DFS- DO-863
(REV. 3/01)
DEPARTMENT OF FINANCIAL SERVICES
Division of Risk Management
STATE RISK MANAGEMENT TRUST FUND
GENERAL LIABILITY
CERTIFICATE OF COVERAGE
In consideration of the provisions and stipulations contained herein or added hereto and for the premium charged, the State Risk Management Trust
Fund, hereinafter referred to as the "Fund ", certifies that the State department or agency named in this certificate is hereby provided general liability
coverage. Coverage shall be effective on the inception date at 12:01 a.m. standard time.
This certificate is comprised of the foregoing provisions and stipulations, together with such other provisions and stipulations as may be added hereto by
the Fund in the future:
1. COVERAGES
(2) maintained for use exclusively on premises owned
General Liability Coverage -- Bodily and Property Damage
by or rented to the named insured, including the
To pay on behalf of the insured all sums which the insured shall
ways immediately adjoining, or
become legally obligated to pay as damages for injury or loss of
(3) designed for use principally off public roads, or
property, personal injury, or death caused by the negligent or
(4) designed or maintained for the sole purpose of
wrongful act or omission of any officer, employee, agent or
affording mobility to equipment of the following types
volunteer of the named insured, as such terms may be further
forming an integral part of or permanently attached
defined herein or by administrative rule, while acting within the
to such vehicle; power cranes, shovels, loaders,
scope of his office or employment, pursuant to the provisions
diggers and drills; concrete mixers (other than the
and limitations of Chapter 284, Part II and Section 768.28,
mix -in- transit type); graders, scrapers, rollers and
Florida Statutes.
other road construction or repair equipment; air -
compressors, pumps and generators, including
It. DEFENSE, SETTLEMENT, SUPPLEMENTARY PAYMENTS
spraying, welding, and building cleaning equipment;
With respect to such coverage as is afforded by this certificate,
and geophysical exploration and well - servicing
the Fund shall:
equipment.
(a) defend any proceeding against the insured seeking such
benefits and any suit against the insured alleging such
IV. EXCLUSIONS
injury and seeking damages on account thereof, even if
This certificate does not apply:
such proceeding or suit is groundless, false, or fraudulent.
(a) to bodily injury or property damage arising out of the
The Fund will investigate all claims filed against the
ownership, maintenance, operation, use, loading or
insured in order to determine the legal liability of the
unloading of:
insured and to determine damages sustained by the
(1) any automobile owned or operated by or rented or
claimant. The Fund will negotiate, settle, or deny the claim
loaned to any insured, or
based on these findings and appropriate Florida law.
(2) any other automobile operated by any person in the
(b) pay all premiums on bonds to release attachments and on
course of his employment by any insured, but this
appeal bonds required in any such defended suit for an
exclusion does not apply to the parking of an
amount not in excess of the applicable limit of liability
automobile on premises owned by, rented to, or
established in this certificate;
controlled by the named insured or the ways
(c) pay all expenses incurred by the Fund, all costs taxed
immediately adjoining, if such automobile is not
against the insured in any such suit, and all interest
owned by, rented, or loaned to any insured;
accruing after entry of judgment until the Fund has paid,
(b) to any action which may be brought against the named
tendered, or deposited in court that part of such judgment
insured by anyone who unlawfully participates in riot,
as does not exceed the limit of the Fund's liability thereon;
unlawful assembly, public demonstration, mob violence, or
(d) pay expenses incurred by the insured for such immediate
civil disobedience if the claim arises out of such riot,
medical relief to others as shall be imperative at the time of
unlawful assembly, public demonstration, mob violence, or
the accident.
civil disobedience;
(c) to any obligation for which the insured or the Fund may be
Ill. DEFINITIONS
held liable under any employer's liability or workers'
(a) Named Insured - The department or agency named
compensation law,
herein.
(d) to property damage to property owned or occupied by the
(b) insured - State department or agency named herein, their
insured;
officers, employees, agents or volunteers.
(e) to property damage to premises alienated by the insured
(c) Volunteer - Any person who of his own free will, provides
arising out of such premises or any part thereof;
goods or services to the named insured, with no monetary
(f) to loss of use of tangible property which has npt been
or material compensation as defined in Chapter 110, Part
physically injured or destroyed, resulting from:
IV, Florida Statutes.
(1) a delay in or lack of performance by or on behalf of
(d) Agent - Any person not an employee, acting under the
the named insured of any contract or agreement;
direct control and supervision of a state agency or
(2) the failure of the named insured's products, or work
department, for the benefit of a state agency or
performed by or on behalf of the named insured to
department.
meet the level of performance, quality fitness, or
(e) Automobile - A land motor vehicle, trailer, or semi - trailer
durability warranted or represented by the named
designed and licensed for use on public roads (including
insured;
machinery or apparatus attached thereto), but does not
(g) to property damage to the named insured's products
include mobile equipment.
arising out of such products or any part of such products;
(f) Mobile Equipment - A land vehicle (including machinery or
(h) to property damage. to work performed by or on behalf of
apparatus attached thereto), whether or not self - propelled;
the named insured arising out of the work or any portion
(1) not subject to motor vehicle registration, or
thereof, or out of materials, parts, or equipment furnished
in connection therewith;
DFS- DO-963
Revised 3 /01 Page 1 of ;I-
(i) eminent domain proceedings or damage to persons or
property of others arising therefrom;
(4)
Action Against the Fund
0) to punitive damages;
No action shall lie against the Fund unless, as a
(k) to actions of insureds committed in bad faith or with
condition precedent thereto, the insured shall have
malicious purpose or in a manner exhibiting wanton and
been in full compliance with all of the terms of this
willful disregard of human rights, safety, or property;
certificate and the provisions of applicable Florida
(1) to professional medical liability of the Board of Regents,
Statutes.
the physicians, officers, employees, or agents of the
(5)
Severability of Interest
Board;
The term 'the insured" is used severally and not
(m) to liability related in any way with nuclear energy;
collectively, but the inclusion herein of more than
(n) to liability assumed by the insured under any contract or
one insured shall not operate to increase the limits
agreement;
of the Fund's liability.
(o) to final judgments in which the insured has been
determined to have caused the harm intentionally;
(6)
Limits of Liability
(p) to awards for injunctive, declaratory, or prospective relief
The limit of liability expressed as applicable to "each
rendered against an insured by any federal or state court,
person" is the limit of the Fund's liability for all
agency or commission.
damages, including damages for care and loss of
services, arising out of personal injury and property
CONDITIONS
damage sustained by one person as a result of any
A. Premium
one occurrence; but the total liability of the Fund for
Premium charges shall be assessed in accordance with
all damages sustained by two or more persons as a
the provisions of Chapter 284, Part ll, Florida Statutes, and
result of any one occurrence shall not exceed the
any rules promulgated thereunder utilizing a retrospective
limit of liability as applicable "each occurrence".
rating arrangement premium calculation method whereby
(7)
Other insurance
80% of the premium is based on losses actually incurred
if there is insurance applicable to any claim, the
by the insured and 20% is based on the changes in risk
coverage extended by this certificate shall apply only
exposures (employees, etc.) of an insured. The premium
as excess insurance over any and all other
must be paid promptly by an insured agency from its
applicable insurance.
operating budget upon receiving the premium bill or
(8)
Terns of Coverage
invoice.
This certificate is issued for the purpose of
confirming, coverage as contemplated by Chapter
B. Audit
284, Part ll, Florida Statutes. In the event of any
The Fund shall be permitted to examine and audit the
conflict between provisions or coverages in this
insured's books and records at any time during the tens of
certificate and the provisions of any Florida Statutes
this coverage and any extension thereof, and within three
or laws including, but not limited to the aforesaid,
years after the final termination of this coverage, as far as
said statutes and laws shall control.
they relate to the premium bases or the subject matter of
(9)
Cancellation
this coverage.
Failure of the Fund to receive the amount of
premiums billed to the insured agency within the
C. Insured's Duties in the Event of Occurrence, Claim or
time frames allowed by law may result in
Suit
cancellation of the certificate of coverage.
(1) Event of Occurrence
Payments must be made promptly from the insured's
Written notice containing particulars sufficient to
operating budget upon receipt of the premium bill as
identify the insured, along with reasonably
specified in Section 284.36, Florida Statutes, and
obtainable information with respect to the time, place
lack of prompt payment will result in a request from
and circumstances thereof, the names and
the Fund to the Comptroller to transfer premiums
addresses of the injured and all known witnesses,
from any available funds of the delinquent agency
shall immediately be given by or for the insured to
under the provisions of Section 284.44(7), Florida
the Fund.
Statutes.
(2) Notice of Claim or Suit
If claim is made by suit brought against the insured,
D.
Self- Insurance Coverage
the insured shall immediately forward to the Fund
Coverage for defending and paying claims under this
every demand, notice, summons, or other process
certificate is provided under the authority of Chapter
received by him or his representative. Failure by the
284, Florida Statutes, wherein the state is authorized
insured to advise the Fund of a claim or suit prior to
to administer a self - insurance program. Provision of
a settlement agreement or the insured otherwise
this certificate does not constitute the issuance of
obligating itself, shall void coverage by the Fund, for
insurance other than on a self - insurance basis, and
that claim.
payment of any covered claim obligations is
(3) Assistance and Cooperation of the Insured
contingent upon availability of legislative funding.
The insured shall cooperate with the Fund and, upon
the Fund's request, assist in making settlements, in
the conduct of suits and in enforcing any right of
contribution or indemnity against any person or
organization who may be liable to the insured
because of injury or damage with respect to which
coverage is afforded under this certificate, and the
insured shall upon request, make available all
agency records pertaining to a specific claim, shall
attend hearings and trials and assist in securing and
giving evidence and obtaining the attendance of
witnesses. The insured shall not, except at his own
cost, voluntarily make any payment, assume any
obligation or incur any expenses other than for first
aid to others at the time of accident.
DFS -DO -863
Revised 3/01 Page 2 of D.