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HomeMy WebLinkAboutPUBLIC OFFICIALS LIABILITY POLICY WITH ROYAL INSURANCE CO Augusta Richmond GA DOCUMENT NAME: Co V~ v-6..~ 'De..scr<?,,-o(\ DOCUMENT TYPE: Qc t YEAR: :)t:>[)0 BOX NUMBER: } ?- FILE NUMBER: J S L-/3 3, NUMBER OF PAGES: 2~ ,.~. ,\:\' x.... ,-t " '. II PUBLIC OFFICIALS LIABILITY 'I Named Insured: Company Name: Policy Term: Augusta-Richmond County Royal Insurance Company 04/19/99. to 04/19/00 Occurrence Basis [Xl Claims Made Basis Retroactive Date: April 19, 1997 Limits CoveraQe Description $2,000,000 $ 2,000,000 $ 150,000 Per Claim Aggregate Retention Public Officials Liability provides coverage for "Wrongful Acts" of the public entity and the "Wrongful Acts" of individuals who act on behalf of the entity. A "Wrongful Act" means any actual or alleged breach of duty, neglect, error, misstatement, misleading statement, omission or Employment Practices violation by an insured solely in the performance of duties for the public entity. Litigation can be brought against the entity for discrimination in selecting, promoting, disciplining or dismissing employees, violation of civil rights, lTlismanagement of, or improper administration of funds, grants or budgets, improper zoning approvals or denials, failure to protect public trust, including failure to properly insure, to attend meetings or to examine documents. 2 Harison-Kerzic, Inc./2601 Commons Boulevard / P.O. Box 211110/ Augusta, Georgia 30917-1110 / (706) 737-8811 .' Definition of Named Insured: 1. All persons who were, now are or shall be lawfully elected or appointed officials or employees while acting on or behalf of the Public Entity. 2. Commissions, boards or other units, and members and employees thereof, operated by and under the jurisdiction of such Public Entity and within an apportionment of the total operating budget indicated in the application for this policy. 3. Volunteers acting for or on behalf of, and at the request and under the direction of, the Public Entity 4. Officials, and employees of the Public Entity appointed at the request of the Public Entity to serve with an outside tax exempt entity. 3 Harison-Kerzic, Inc./2601 Commons Boulevard / P.O. Box 211110/ Augusta, Georgia 30917-1110/ (706) 737-8811 83/27/2881 15:47 7862628154 JSL/HARISON-KERZIC PAGE 82 . II JSUHarison-Kerzic l"",,,ri7J~ '''''pI, And 9>Ui"", Sir"~ ! 868 Date: March 27, 200 I Customer #: 00003548 Phone: 821-2486 Augusta Richmond County 530 Green Street Room 217 Augusta, GA 30911 FOR QUESnONS, CALL: Nancy Glass DATE ISSUED 04/19/2001 TO EXPIRE 04119/2002 POLIcY DESCRIPTION Public Officials Liability - Renewal AMOUNT $52,000 Thank you., we appreciate your business. Insured Copy ~~ ~~\ -~.::~ 2601 CommoM .8lvd.. P.O. Box 211110, ADguso, G.A 30917 706.737.8811. Fax 706.7;.7.3413 R i . If P ,. .: <(. I.....,.""',,....... ~'.. 03/27/01 14:58 TX/RX NO.1570 P.002 . RENEWAL CERTIfICATE - VALUABLE DOCUMENT - ATTACH TO YOUR POLICY ROYAL & V ../1 SUNALLIANCE ~ THIS POLICY IS ISSUED BY THE COMPANY INDICATED BY "X" BEFORE THE COMPANY NAME BELOW o Royal Indemnity Company (A Delaware Stock Company) ~ Royal Surplus Lines Insurance Company POLICY NO. KHP 607178 NAlVIED INSURED AND MAILING ADDRESS: Augusta, Georgia 530 Greene Street Room 217 Augusta, GA 30911 PRODUCER: Royal Specialty Underwriting, Inc. Resurgens Plaza 945 East Paces Ferry Road Suite 1800 Atlanta, GA 30326 IN CONSIDERA. TION OF PAYMENT OF PREMIUM SHO\VN, THE POLICY IS RENEWED FOR THE PERIOD INDICATED BELOW: RENEWAL PERIOD: From April 19, 2000 to April 19, 2001 above. 12:0 I A.M. Standard Time at your Mailing Address TOTAL RENEWAL PREMIUM: $ 50,000 + $2,000 (Co. Fee) = $52,000 Total Premium THIS POLlCY IS RENEWED AS EXPIRING EXCEPT AS NOTED BELOW: The maximum aggregate limit of liability is hereby reinstated for the renewal period. DATE: 4/11/2000 AUTHORIZED REPRESENTATIVE: ,,~ 'Q. g.,-~ HP607178 . COMPAN'( : S:;BdL ".r -,'~_'I FC:.:8': SYMeOL & NUMBER RENEWAL. OF NUMBER Np.w ut;ve Offices Arrowpoint Blvd. !':O. Box 1000 'u lotte, NC 28273 THIS POLICY IS ISSUED BY: Royal Surplus Lines Insurance Company PRODUCER'S NAME AND ADDRESS ITEM r 1. PUBLIC ENTITY AND MAILING ADDRESS Augusta. Georgia 530 Greene Street Room 217 Augusta, GA 30911 I r ROYAL SPECIALTY UNDERWRlTING,INC. Resurgens Plaza. Suite 1800 945 East Paces Ferry Road Atlanta, GA 30326-1125 Tel: 404-231-2366 I L -.1 L .J ITEM 2. POLICY PERIOD: FROM April 19, 1999 TO April 19, 2000 (At 12:01 AM Standard Time at the address of the Public Entity stated in Item 1) ITEM 3. LIMIT OF L1ABILllY: $ 2.000,000 Aggregate. ITEM 4. RETENTION: $ 150,000 each Wrongful Act other than an Employment Practices Violation $ 150.000 each Employment Practices Violation ITEM 5. PREMIUM: $ 50,000 + $2,000 Premium Tax = $52,000 Total Premium ITEM 6. POLICY FORM NUMBER AND ENDORSEMENTS ATTACHED AT ISSUANCE Endorsements #1-5 (See Schedule of Endorsements); Manuscript Form These Declarations along with the completed and signed Application and the Public Officials Liability Insurance Policy, shall constitute the contract between the Insured, the Company and Royal Surplus Lines Insurance Company. Q.~~' 6/30/99 DATE Countersigned: ROYAl&~' ' , '~"7' Su NAlLIAJ\J CE PUBLIC OFFICLALS AND EMPLOYMENT PRACTICES LIABILITY POLICY In consideration of the premium charged, and in reliance upon the statements in the application attached hereto and made a part hereof, and subject to the Limit of Liability stated in Item 3 of the Declarations and the terms and conditions contained herein. The Company and the Insured agree as 'follows: 1. INSURING AGREEMENTS To pay on behalf of the Insured all sums which the Insured shall become legally obligated to pay as Damages resulting from any Claim first made against the Insured during the Policy Period or the Discovery Period (if applicable) and reported to the Company pursuant to the terms of this policy for any Wrongful Act of the Insured in the performance of duties for the Public Entity. 2. DEFENSE PROVISIONS a) The Company shall, in addition to the Limit of Liability, appoint an attomey and defend any Claim against the Insured alleging a Wrongful Act, even if such Claim is groundless, false or fraudulent; and pay on behalf of the Insured Defense Costs. b) The Insured shall not admit liability or settle any Claim or incur any cost or expense without the written consent of the Company. The Company shall have the right to make such investigation and negotiations and, with the written consent of the Public Entity, such settlement of any Claim as the Company deems expedient. If the Public Entity refuses to consent to any settlement recommended by the Company, the Insured shall thereafter negotiate or defend such Claim independently of the Company and the liability of the Company shall not exceed the amount for which the Claim could have been settled plus Defense Costs incurred with the Company's consent up to the date of such refusal. c) The Company shall not be obligated to pay any Damages or Defense Costs or to undertake or continue defense of any Claim after the Limit of Liability has been exhausted by payment of Damages or after deposit of the applicable limit of the Company's liability in a court of competent jurisdiction, and in such case the Company shall have the right to withdraw from the further defense thereof by tendering control of said defense to the Insured. 3. DEFINITIONS a) "Arising Out or means originating from, having its origin in, growing out of, flowing from, incident to or having connection with, whether directly or indirectly: b) "Claim" means a judicial proceeding alleging a Wrongful Act that is filed against an Insured in a court of law or equity and which seeks Damages or other relief. Claim shall also mean an administrative proceeding alleging a Wrongful Act, provided an enforceable award of Damages can be made against an Insured at the administrative proceeding. c) "Damages" means a monetary judgment or settlement agreed to with the consent of the Company. d) "Defense Costs" means reasonable and necessary fees, costs, and expenses incurred by the Company, or incurred by the Insured with the written consent of the Company, (including premiums for any appeal bond, attachment bond, or similar bond but without any obligation to apply for or fumish any such bond) resulting from the investigation, adjustment, defense, and appeal of a Claim against any Insured; provided, however, that Defense Costs do not include salaries of employees or officers of the Company. (e) "Employment Practice Violation(s)" means any actual or alleged: (1) wrongful dismissal, discharge or termination (either actual or constructive) of employment including breach of an implied contract; 1 of8 ROYA~' . " . '. '. SUNALLlANCE (2) harassment (including sexual harassment whether "quid pro quo", hostile work environment or otherwise); (3) discrimination, (including but not limited to discrimination based upon age, gender, race, color, national origin, religion, sexual orientation or preference, pregnancy or disability); (4) Retaliation (including lockouts); (5) employment-related l}1isrepresentation(s) to an employee or applicant for employment with the Public Entity; (6) wrongful failure to employ or promote; (7) wrongful deprivation of career opportunity, wrongful demotion or negligent employee evaluation, including the giving of negative or defamatory statements in connection with an employee reference; (8) wrongful discipline; (9) failure to grant tenure; (10) failure to provide or enforce adequate or consistent policies and procedure relating to any Employment Practices Violation; (11) violation of an individual's civil rights relating to any of the above but only if the Employment Practices Violation relates to an employee or applicant for employment with the Public Entity whether direct, indirect, intentional or unintentional. (1) "Insured' means the Public Entity and: (1) all persons who were, now are or shall be lawfully elected or appointed officials or employees while adlng for or on behalf of the Public Entity; (2) commissions, boards, or other units, and members and employees thereof, operated by and under the jurisdiction of such Public Entity and within an apportionment of the total operating budget indicated in the application for this policy; (3) volunteers acting for or on behalf of, and at the request and under the direction of, the Public Entity; (4) officials, and employees of the Pubic Entity appointed at the request of the Public Entity to serve with an outside tax exempt entity. (g) "Policy Period" means the period from the inception date of this policy shown in Item 2 of the Declarations to the earlier of the expiration date shown in Item 2 of the Declarations or the effective date of cancellation of this policy. (h) 'Public Entity" means the municipality, governmental body, department or unit which is named in Item 1 of the Declarations. (I) "Retaliation" means a wrongful act of an Insured relating to or alleged to be in response to any of the following activities: (1) the disclosure or threat of disclosure by an Employee of the Public Entity to a superior or to any governmental agency of any act by an Insured which act is alleged to be a violation of any federal, state, local or foreign law, common or statutory, or any rule or regulation promulgated thereunder. (2),the actual or attempted exercise by an Employee of the Public Entity of any right that such employee has under law, including rights under workers' compensation laws, the Family and Medical Leave Act, the Americans with Disabilities Act or any other law relating to Employee rights; (3) the filing of any claim under the Federal False Claims Act or any other federal, state, local 20f8 ; ROYAl&bl l " . . .J1 SUNALLIANCE or foreign "whistle-blower" law; (4) strikes by Employees of the Public Entity or (5) political affiliation: 0> 'Wrongful Act" means any actual or alleged breach or duty, neglect, error, misstatement, misleading statement, omission or Employment Practices Violation by an Insured solely in the performance of duties for the Public Entity. 4, EXTENSIONS Subject otherwise to the terms here'lf, the policy shall cover Claims made against the estates, heirs, or legal representatives of deceased Insureds, and the legal representatives of Insureds in the event of an Insured's incompetency, insolvency or bankruptcy, who were Insureds at the time the Wrongful Acts upon which such Claims are based were committed. Subject otherwise to the terms hereof, this policy shall cover Claims made against the lawful spouse (whether such status is derived by reason of statutory law, common law or otherwise of . any applicable jurisdiction in the world) of an Insured for all Claims arising solely out of his or her status as the spouse of an Insured, including a Claim that seeks damages recoverable from marital community property, property jointly held by the Insured and the spouse, or property transferred from the Insured to the spouse; provided, however, that this extension shall not afford coverage for any Claim for any Wrongful Act of the spouse, but shall apply only to Claims Arising Out Of the Wrongful Acts of an Insured, subject to the policy's terms, conditions and exclusions. 5. EXCLUSIONS This policy does not apply to any Damages or Claim: (a) alleging fraud, dishonesty or criminal acts or omissions; however, the Insured shall be reimbursed for the reasonable amount which would have been collectible under this policy if such allegations are not subsequently proven; (b) seeking relief or redress in any form other than Damages, or attorney's fees, costs or expenses which the Insured shall become obligated to pay as a result of an adverse judgment or settlement for a Claim seeking such relief; tiowever, the Company shall defend such a Claim in accordance with Clause 2, subject to a Policy Period aggregate limit of $1 00,000 This limit shall be part of the Limit of Liability stated in Item 3 of the Declarations; (c) Arising Out Of (1) false arrest, detention or imprisonment, (2) libel, slander or defamation of character, (3) assault or battery, (4) malicious prosecution or abuse of process, (5) wrongful entry or eviction, or invasion of any right of privacy, (6) any allegation relating to the foregoing exclusions 5(c)(1) through 5(c)(5) that an Insured negligently employed, investigated, supervised or retained any person, or based on an alleged practice, custom or policy and including, without limitation, any allegation that the violation of a civil right caused or resulted from such Damages or Claim; (d) Arising Out Of (1 )bodily injury to, or sickness, disease, emotional distress or death of any person, (2) damage to or destruction of any property, including the loss of use thereof, (3) any allegation relating to the foregoing exclusions 5(d)(1) through 5(d)(2) that an Insured negligently employed, investigated, supervised or retained a person, or based on an alleged practice, custom or policy and including, without limitation, any allegation that the violation of a civil right caused or resulted from such Damages or Claim; (e) Arising Out Of inverse condemnation, temporary or permanent taking, adverse possession or dedication by adverse use; (f) Arising Out Of strikes, riots or civil commotions; (9) Arising Out Of the failure to effect or maintain any insurance or bond, which shall include, but not be limited to, insurance provided by self-insurance arrangements, pools, self- insurance trusts, captive insurance companies, retention groups, reciprocal exchanges or any other plan or agreement of risk transfer or assumption; however, the Company will defend such a Claim but without obligation to pay Damages; 30f8 ROYAL & ~ . /, . /1SUNALLlANCE (h) Arising Out Of the gaining in fact of any profit or advantage to which the Insured is not legally entitled; the return of taxes, assessments, penalties, fines or fees; any award of salary, wages or earnings; (~ alleging, Arising Out Of, based upon, attributable to, or in any way involving, directly or indirectly: . (1) the actual, alleged or threatened discharge, dispersal, release or escape of Pollutants, or (2) any direction or request to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize Pollutants. .Pollutants' include, but are not limited to, any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals, asbestos, lead and Waste. "Waste" includes, but is not limited to, materials to be recycled, reconditioned or reclaimed; (j) Arising Out Of the planning, construction, maintenance, operation or use of any nuclear reactor, nuclear waste storage or disposal site or any other nuclear facility, or the transportation of nuclear material; (k) Arising Out Of a breach of fiduciary duty, responsibility or obligation in connection with any employee benefit or pension plan, or to any amount due under any fringe benefit or retirement program; however, the Company will defend such a Claim but will have no obligation to fumish any benefits due or pay Damages; (I) brought by or on behalf of one Insured against another Insured, however, as respects any Claim alleging an Employment Practices Violation, this exclusion shall only apply to cross-claims or counter-claims brought by one Insured against another Insured; (m) Arising Out Of breach of contract, except this exclusion shall not apply to any Claim alleging an Employment Practices Violations; (n) Arising Out Of the operation of or activities of any schools, airports, transit authorities, hospitals, clinics, nursing homes or other health care operations, utilities, housing authorities, jails or detention facilities, law enforcement agencies or fire fighting authorities unless specifically included by endorsement attached; (0) for fines, penalties, or punitive, exemplary or the multiplied portion of multiplied Damages; however, only where permitted by law, this policy shall cover, subject to all the terms, conditions and exclusions contained herein, up to $50,000 punitive, exemplary or the multiplied portion of multiplied Damages, as part of and not in addition to the Limit of Liability of the Company otherwise afforded by this policy; (p) arising from all pending or prior litigation or hearing as well as future Claims Arising Out Of said pending or prior litigation or hearing. If this policy is a renewal of a policy issued by the Company, this exclusion shall only apply with respect to a pending or prior litigation or hearing prior to the effective date of the first policy issued and continuously renewed by the Company; (q) Arising Out Of, based upon or attributable to the facts alleged, or to the same or related Wrongful Acts alleged or contained, in any Claim which has been reported, or in any circumstances of which notice has been given, under any policy of which this policy is a renewal or replacement or which it may succeed in time; . (r) Arising Out Of any Wrongful Act prior to the inception date of the first policy issued by the Company and continuously renewed and maintained, if on or before such date any Insured knew or could have reasonably foreseen that such Wrongful Act could lead to a Claim, The following exclusions shall also apply to any Claim alleging an Employment Practices Violation(s) 40f8 ROYAL & V , , . /1sUNALLIAt'lCE This policy does not apply to any Damages or Claim: (5) Arising Out Of any obligation pursuant to any worker's compensation, disability benefits, unemployment compensation, unemployment insurance, retirement benefits, social security benefits or similar law; provided. however, this exclusion shall not apply to a Claim for Retaliation; , (t) Arising Out Of any violation of the Employee Retirement Income Security Act of 1974, the Fair Labor Standards Act (except the Equal Pay Act), the National Labor Relations Act, the Worker Adjustment and Retraining Notification Act, the Consolidated Omnibus Budget Reconciliation Act, the Occupational Safety and Health Act, any rules or regulations of the foregoing promulgated thereunder and amendments thereto or any similar provisions of any federal, state, local or foreign statutory law or common law; provided however, this exclusion shall not apply to a Claim for Retaliation; (u) Arising Out Of any costs or liability incurred by any Insured to modify any building, property or facility to make said building, property or facility more accessible or accommodating to any disabled person as mandated by the Americans With Disabilities Act Of 1992, and as amended, or any similar federal, state or local law, regulation or ordinance. 6. LIMIT OF LIABILITY (a) The total liability of the Company for all Damages arising from all Claims made against the Insured during the Policy Period and during the Discovery Period (if applicable), shall not exceed the Limit of Liability stated in Item 3 of the Declarations. The inclusion herein of more than one Insured shall not increase the Limit of Liability of the Company. The Limit of Liability stated in Item 3 of the Declarations shall apply to all Claims Arising Out Of the same Wrongful Act or related Wrongful Acts. (b) If additional Claims are subsequently made which Arise Out Of the same Wrongful Act or series of continuous, repeated or interrelated Wrongful Acts as Claims already made and reported to the Company, then all such Claims, whenever made, shall be considered first made within the Policy Period or the Discovery Period (if applicable) in which the earliest Claim Arising Out Of such Wrongful Act or series of continuous, repeated or interrelated Wrongful Acts was first made and reported to the Company, and all" such Claims shall be subject to one such Limit of Liability. 7. DEDUCTIBLE Subject to theUmit of Liability, exclusions and other terms of this policy, the Company shall only be liable for those Damages and Defense Costs which are in excess of the Deductible stated in Item 4 of the Declarations. This Deductible shall apply to each Wrongful Act or Employment Practice Violation or series of continuous, repeated or interrelated Wrongful Acts or Employment Practice Violations and shall be bome by the Public Entity and remain uninsured. The Public Entity shall also be responsible for payment of the Deductible The Company may direct the Public Entity to make partial or full payment of the Deductible to others. 8. NOTICE! CLAIM REPORTING PROVISIONS Notice hereunder shall be given in writing to Royal Specialty Underwriting, Inc., at the address indicated on the Declarations Page. If mailed, the date or mailing shall constitute the date that such notice was given and proof of mailing shall be sufficient proof of notice. A Claim shall be considered to have been first made against an Insured when written notice of such Claim is received by any Insured, by the Public Entity on the behalf of any Insured or by the Company, whichever comes first. 50f8 ROYAL & V . /1SUNALLIANCE (a) The Public Entity or the Insureds shall, as a condition precedent to the obligations of the Company under this policy, give written notice to the Company of any Claim made against an Insured as soon as practicable and either: (1) anytime during he Policy Period or during the Discovery Period (if applicable) (2) within 30 days after the end of the Policy Period or the Discovery Period (If applicable), as long as such Claim is reported no later than 30 days after the date such Claim was first made against an Insured. (b) If written notice of a Claim has been given to the Company pursuant to Clause 8(a) above, then any Claim which is subsequently made against the Insureds and reported to the Company Arising Out Of the facts alleged in the Claim for which such notice has been given, or alleging any Wrongful Act which is the same as or related to any Wrongful Act alleged in the claim of which such notice has been given, shall be considered made at the time such notice was given. (c) If during the Policy Period or during the Discovery Period (If applicable) the Public Entity or the Insureds shall become aware of any circumstances which may reasonably be expected to give rise to a Claim being made against the Insureds and shall give written notice to the Company of the circumstances and the reasons for anticipating such a Claim, with full particulars as to dates, persons and entities involved, then any Claim which is subsequently made against the Insureds and reported to the Company Arising Out Of such circumstances or alleging any Wrongful Act which is the same as or related to any Wrongful Act alleged or contained in such circumstances, shall be considered made at the time such notice of such circumstances was given. 9. DISCOVERY CLAUSE (a) Automatic Discovery Period If the Company or the Public Entity shall cancel or refuse to renew this policy and the Public Entity does not obtain replacement coverage as of the effective date of such cancellation or non-renewal, the Public Entity shall have the right to a period of sixty (60) days following the effective data of such cancellation or non-renewal in which to give written notice to the Company of any Claim made against the Insured during said 60 day period for any Wrongful Act before the end of the Polley Period. This Automatic Discovery Period shall immediately expire upon the purchase of replacement coverage by the Public Entity. (b) Optional Discovery Period If the Company or the Public Entity shall cancel or refuse to renew this policy, the Public Entity shall have the right, upon payment of an additional premium of 50% of the total policy premium, to a period of twelve (12) months following the effective date of such cancellation or non-renewal in which to give written notice to the Company of any Claim made against the Insured during said twelve (12) month period for any Wrongful Act before the end of the Policy Period. This right shall terminate, however, unless written notice of such election together with the additional premium due is received by the Company within thirty (30) days after the effective date of cancellation or non-renewal. This clause and the rights contained herein shall not apply to any cancellation resulting from non-payment of premium. 10. CANCELLATION CLAUSE This policy may be canceled by the Public Entity by surrender of this policy or by giving written notice to the Company stating when thereafter such cancellation shall be effective. This policy may also be canceled by the Company by delivering to the Public Entity or by mailing to the Public Entity by registered, certified, or other first class mail, at the address shown in Item 1 of the Declarations, written notice stating when, not less than thirty (30) days thereafter, the cancellation shall be effective. However, if the Company cancels this policy because the Pubic Entity has failed to pay a premium when due, or has failed to reimburse the Company such amounts as the Company has paid as Damages or Defense Costs within the amount of the applicable Deductible, or excess of the Limit of Liability, this policy may be canceled by the Company by mailing to the Public Entity by registered, classified, or other first class mail, at the address shown in Item 1 of the Declarations, written notice stating when, not less than ten (10) days thereafter, the cancellation 60f8 ROYAL&V . _ , '.' /1SUNALLIANCE shall be effective. The mailing of such notice as aforesaid shall be sufficient proof of notice and this policy shall terminate at the date and hour specified in such notice. If this policy shall be canceled by the Public Entity, the Company shall retain the customary short rate proportion of the premium hereon. If this policy shall be canceled by the Company, the Company shall retain the pro rata proportion of the premium hereon. Payment or tender of any unearned premium by the Company shall not be a condition precedent to the effectiveness of cancellation, but such payment shall be made as soon as practicable, 11. REIMBURSEMENT OF THE COMPANY If the Company has paid any Damages in excess of the Umit of Uability or Damages or Defense Costs within the applicable Deductible, the Insureds, jointly and severally, shall be liable to the Company for any and all such amounts and, upon demand, shall pay such amounts to the Company. 12. SUBROGA nON In the event of any payment under this policy, the Company shall be subrogated to all the Insured's rights of recovery against any person or organization, and the Insured shall execute and deliver all instruments and papers and do whatever else is necessary to secure such rights for the Company. The Insured shall do nothing to prejudice such rights. Any amount recovered in excess of the total payment by the Company shall be restored to the Insured, less the cost to the Company of recovery. 13. OTHER INSURANCE Such Insurance as is provided under this policy shall apply only as excess over any other valid and collectible insurance, self insurance, or indemnification or any similar agreement, whether such other insurance or agreement is stated to be primary, pro rata, contributory, excess, contingent or otherwise. 14. COOPERATION CLAUSE The Insured shall cooperate with the Company and, upon the Company's request. assist in making settlements and in the conduct of Claims. The Insured shall attend hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses. The Insured shall not, except at the Insured's own cost, voluntarily make any payment, assume any obligation or incur any expense. 15. NOTICE AND AUTHORITY By the acceptance of this policy, the Public Entity agrees to act an behalf of all Insureds with respect to the giving of notice of Claim, the giving or receiving of notice of cancellation or non renewal, the payment of premiums, the receiving of any premiums that may become due under this policy, consenting to any settlement and exercising the right to the Discovery Period. All Insureds agree that the Public Entity shall act on their behalf. 16. ASSIGNMENT Assignment of interest under this policy shall not bind the Company until its consent is endorsed hereon; however, subject otherwise to the terms hereof, this policy shall cover the estate heirs, legal representatives or assigns of the Insured in the event of the death, bankruptcy or insolvency of the Insured or the Insured being adjudged incompetent 17. ACTION AGAINST THE COMPANY No action shall lie against the Company unless, as a condition precedent thereto, the Insured shall have fully complied with all the terms of this policy, nor until the amount of the obligation of the Insured to pay shall have been finally determined either by judgment against the Insured after actual trial or by written agreement of the Insured, the claimant and the Company. 70f8 ROYAL&V. . . '" ',}4 SUNALLlANCE Any Insured or the legal representative thereof who has secured such judgment or written agreement shall thereafter be entitled to recover under this policy to the extent of the insurance afforded by this policy. No Insured shall have any right under this policy to join the Company as a party to any action against other Insureds or the Public Entity to determine the Insureds' liability, nor shall the Company be impleaded by the Insureds or the Public Entity or their legal representatives. Bankruptcy or insolvency of th~ Insured or the estate of the Insured shall not relieve the Company of any obligation hereunder. 18. REPRESENTATIONS AND SEVERABILITY In granting coverage under this policy, it is agreed that the Company has relied upon the statements and representations contained in the application for this policy (including materials submitted thereto, and if this is a renewal application, all such previous policy applications for which this policy is a renewal) as being accurate and complete. All such statements and representations shall be deemed to be material to the risk assumed by the Company, are the basis of this policy and are to be considered as incorporated into this policy. With respect to such statements, and representations, no knowledge or information possessed by any Insured shall be imputed to any other Insured. If any person who executed the application knew that such statement or representation was inaccurate or incomplete, such statement shall not be imputed to any Insured other than such signator and any other Insureds who knew such statement or representation was inaccurate or incomplete. 19. POLICY TERRITORY This policy applies to Wrongful Acts committed anywhere in the world provided Claim is made in The United States of America, its territories or possessions, or Canada. 20. HEADINGS The descriptions in the headings of this policy are solely for convenience, and form no part of the terms and conditions of coverage. 80f8 ROYAL & k( . -~-':-t7tsu NALLlAN CE I . This Endorsement Changes The Policy. Please Read It Carefully. Schedule of Endorsements 1 2 3 4 5 Extended Discovery Period Georgia Amendatory Endorsement Pending and/or Prior Litigation Endorsement Minimum Earned Premium Clause - Percentage Service of Suit 00132 THE ABOVE SCHEDULE OF ENDORSEMENTS IS FOR ILLUSTRATIVE AND CONVENIENCE PURPOSES ONLY AND FORMS NO PART OF THE TERMS AND CONDITIONS OF COVERAGE. All other terms, conditions and warranties remaining unchanged. Attached to and forming part of the Policy No. Issued to If this endorsement is listed in the policy declarations, it is in effect from the time coverage under this policy commences. Otherwise, the effective date of this endorsement is as shown below at the same time or hour of the day as the policy became effective. Effective Date: Endorsement No. Countersigned By: Authorized Representative Date ...~ ROYAL &"' '. .,' ; SUNALLIANCE This Endorsement Changes The Policy. Please Read It Carefully. In consideration of the premium charged, it is hereby understood and agreed that Clause 9, Discovery Clause, is deleted in its entirety and replaced by the following: 9. EXTENDED DISCOVERY PERIOD If the Company or the Insureds shall cancel or non-renew this Policy the Insureds shall have the right, upon payment of the additional premium of 200% of the total Policy premium hereunder, to an extension of the coverage granted by this Policy in respect of any claim or claims first made against the Insureds and reported to the Company during the period of three (3) years after the effective date of . such cancellation or refusal to renew but only in respect of any Wrongful Act committed before the effective date of such cancellation or refusal to renew and otherwise covered by this Policy. This right shall terminate, however, unless written notice of such election together with the additional premium due is received by the Company not later than thirty (30) days after the effective date of cancellation or refusal to renew. This clause and the rights contained herein shall not apply to any cancellation resulting from non- payment of premium. This endorsement effective forms part of Policy Number KHP607178 issued to by Endorsement No.: 1 . ROYAL '& ~' -:. 71 SUNALLIANCE This Endorsement Changes The Policy. Please Read It Carefully. GEORGIA AMENDATORY ENDORSEMENT In consideration of the premium charged, it is hereby understood and agreed that wherever used in this endorsement: (1) Company means the insurance company which issued this policy; (2) Insured means the person or entity who is afforded coverage by this policy. It is further understood and agreed as follows that the Cancellation Provision of this policy is amended to include the following: CANCELLA TION A notice of termination, including a notice of cancellation or nonrenewal, by the Company, a notice of an increase in premium rates, other than an increase in premium rates due to a change in risks or exposure, which exceeds 15 percent (15%) of the current policy's premium, or a notice of a change in any policy provision which limits or restricts coverage; shall be delivered to the Insured or mailed to the Insured by first- class mail, at least forty-five (45) days prior to the policy termination date. If the Company fails to comply with the above requirements, the Insured shall be entitled to purchase, under the same premium rate and policy terms and conditions, an additional thirty (30) day period of insurance coverage beyond the termination date of such policy; provided, however, that the Insured tenders the pro- rata premium amount to the Company on or before the termination date. The insurance coverage is not required to be extended for more than thirty (30) days from the policy termination date. It is further understood and agreed that the Insured first named in' Item 1 of the Declarations shall be the sole agent of all Insureds for the purpose of effecting cancellation or nonrenewal or the giving or receiving of notice thereof. This endorsement effective forms part of Policy Number KHP607178 issued to by Endorsement No.: 2 ROYAL & ~ , /1 SUNALLIANCE This Endorsement Changes The Policy. Please Read It Careful/y. PENDING AND/OR PRIOR LITIGATION ENDORSEMENT In consideration of the premium charged, it is hereby understood and agreed that this policy excludes all claims arising from all pending or prior litigation, as well as future claims arising out of said pending or prior Iitigation(s), effective April 19, 1997. This endorsement effective forms part of Policy NUmber KHP607178 issued to by Endorsement No.: 3 ROYAL &:~( "/1 SUNALLIAt'JCE This Endorsement Changes The Policy. Please Read It Carefully. MINIMUM EARNED PREMIUM CLAUSE - PERCENTAGE In the event of cancellation of this policy by the Insured, a minimum premium of 25% of the original policy premium shall become earned; any conditions of the policy to the contrary notwithstanding. Failure of the Insured to make timely payment of premium shall be considered a request by the Insured for the Company to cancel. In the event of such cancellation by the Company for non-payment of premium, the minimum premium shall be due and payable; provided, however, such non-payment cancellation shall be rescinded if the Insured remits the full premium due within 10 days of receiving it. In the event of any other cancellation by the Company, the earned premium shall be computed pro rata, not subject to the minimum premium. This endorsement effective forms part of Policy Number KHP607178 issued to by Endorsement No.: 4 : ROYAL&V . ~~ SUNALLlANCE This Endorsement Changes The Policy. Please Read It Carefully. SERVICE OF SUIT CLAUSE It is agreed that in the event of the failure of the Insured Organization to pay any amount claimed to be due hereunder, the Insured Organization, at the request of the Insured Persons, will submit to the jurisdiction of any court of competent jurisdiction within the United States and will comply with all requirements necessary to give such court jurisdiction and all matters arising hereunder shall be determined in accordance with the law and practice of such court. It is further agreed that service of process in such suit may be made upon the highest one in authority bearing the title "Commissioner", "Director" or "Superintendent" of Insurance of the state or commonwealth wherein the Insured Organization named in Item 1 of the Declarations Page of this policy is located, and that in any suit instituted against it upon this contract the Insured Organization will abide by the final decision of such court or any appellate court in the event of an appeal. The one in authority bearing the title "Commissioner", "Director" or Superintendent" of Insurance of the state or commonwealth wherein the Insured Organization named in Item 1 of the Declarations Page of this policy is located is hereby authorized and directed to accept service of process on behalf of the Insured Organization in any such suit and/or upon the Insured Persons request to give a written undertaking to the Insured Persons that they will enter a general appearance upon the Insured Organization's behalf in the event such a suit shall be instituted. This endorsement effective forms part of Policy Number KHP607178 issued to by Endorsement No,; 5 11rIl- ...merican International CO.......tpanies@ Name of Insurance Company To Which Application is Made: National Union Fire Insurance Company (herein called the Company PUBLIC OFFICIALS AND EMPLOYMENT PRACTICES LIABILITY RENEWAL APPLICATION 1m) MuniPro5M NOTICE: THIS IS AN APPUCATION FOR INSURANCE WRITTEN ON A CLAIMS MADE BASIS. FURTHER NOTE THATTHE DEDUCTIBLE FOR THIS POLICY SHALL APPLY TO BOTH DAMAGES AND DEFENSE COSTS. IF A POUCY IS ISSUED, THE APPLICATION WILL BECOME PART OF THE POLICY AS IF PHYSICALLY ATTACHED. THEREFORE, IT IS NECESSARY THAT ALL QUESTIONS BE ANSWERED ACCURATELY AND COMPLETELY. INSTRUCTIONS Answer all questions completely. Please type or print clearly. When requested, please answer on a separate sheet and indicate the question number, If the answer to any question is NONE please state NONE. Any questions considered "not applicable", please explain why. This Application must be signed and dated by either (a) the highest ranking elected or appointed member of the board of the applicant (b) the business manager or risk manager of the applicant, or (c) the Treasurer or Comptroller of the applicant. I. GENERAL INFORMATION Expiring Polley Number 485-27-54 1. Legal Name of Public Entity: Augusta.GecI"'"31Q:.. Address: 530 Greene Street Expiration Date 4-19-99 City: Augusta Internet Web Page address: htto://www. 2. Type of Public Entity. Check a/l that apply, Including component units. State: GA Zip Code: 30911 (A) Local Government (city, county, village, township, etc) (8) D Special District Port Authority (Air or Water) Housing Authority Transit Authority Utility (Electricity, Gas, Cable, etc) 0 Water/Sewer Authority C Development/Finance Authority 0 Sports/Convention Center/Parks Department 0 [] o c (C) Section -13(f) Entities See Attachment (A) 68931 (10/97) (C) Other Describe In Detail 3. (a) Present Population: 1990 189,719 4. (b) (a) Name of largest City: Augusta Population: 1990 189,:719 Names and Official Title of Governing Board Members: use a separate sheet of paper If additional space /s required NAME TITLE ELECTED o APPOINTED o 0 0 0 0 0 0 0 0 Single member district 0 At large 0 Combination of both 0 (b) If Board Members are elected, are they elected via: If Board Members are appointed, whom are they appointed by. II. FINANCIAL INFORMATION 5. (a) Fisca.l Year 1-1-99 to 12-31-99 Figures shown below are to include the totals from the Public Entity and all component units (if applicable) as indicated in item 1. (b) cutr~~~ear 82,753,540 82,753,540 1998 Prior Year Budget Next Yr. Total Revenue 87,307,805 87,300,000 Total Expenditures Surplus/Deficit 3,007,805 Please clarify on a separate page the circumstances surrounding any large or ongoing deficits, unexpended appropriations or surpluses reflected in the above figures. PLEASE ATTACH A COPY OFYOUR MOST RECENT COMPREHENSIVE ANNUAL FINANCIAL REPORT 6. Does the Public Entity anticipate any special projects which will result in a substantial budget increase or decrease in the next 3 years. NONE 7. (a) Total amount of outstanding Bonds $ 83 , 598 , 846 (b) Latest Moody's and/or Standard and Poor's Bond rating: A1 IF NOT RATED, PLEASE EXPLAIN (c) Has the Public Entity been in default on principal or interest at any Bond. If yes, attach a statement of details. Yes 0 No l[] (d) Please include a copy at the Bond Offering Statement or prospectus for all Bonds issued in'the past year. 68931 (10/97) 2 8. Are all investments made by or on behalf of the Public Entity rated at or above Baa by Moody's Investors Services or BBB by Standard & Poor's Corporation. Ves ~ No 0 If no, please attach the most current investment portfolio. III. OPERATIONS 9. Does the authority of the Public Entify cover any of the operations listed below. Ves IX] No 0 If so, indicate the total amount of current year expenditures from Question 5(b) allocated to each operation: Current Year Check here if Expenditures coverage is Covered Operation included in item 6(b) Current Vear Expenditures requested (a) port authority Ves 0 No :J $ 0 (b) housing authority Ves 0 No 0 $ 0 (c) transit authority Yes 0 No 0 $ 0 (d) utilities Ves 0 No C $ 0 (e) water/sewer authority Ves 0 No 0 $ 0 (f) hospital, clinic, nursing home or other health care operations Ves 8 No 0 $ N/A (g) school Ves 0 No 0 $ N/A ; (h) jails or detention facilities Ves ."l No 0 $ -- N/A (i) law enforcement agencies Yes 0 No 0 $ N/A Q) fire fighting authorities Ves 0 No L; $ N/A NOTE: COVERAGE IS NOT PROVIDED FOR THE ABOVE UNLESS SPECIFICAllV INDICATED ON THE DECLARATIONS PAGE OR BY ENDORSEMENT TO THE POUCY. REQUESTING COVERAGE FOR THESE OPERATIONS DOES NOT NECESSARILY MEAN IT WILL BE GRANTED. NOTE ALSO THAT WHERE INDICATED ABOVE AS "N/A" THERE IS NO COVERAGE UNDER THE POLICY FORM. IV. EMPLOYMENT PRACTICES 1 0, Total number of Employees (Including Elected and Apoointed Public Officials) 11 . Number of Elected/Appointed Officials or employees tho are: 2,660 Attorneys Architects 1 1 Accountants Engineers 5 4 Is Professional Uability Insurance purchased for these individuals 12. Do you anticipate any layoffs within the next 12 months? If yes please explain. Ves 0 No 0 Ves 0 No ~ V. INSURANCE AND LOSS HISTORY 13. Name of primary General Uability Insurance carrier NONE Name of Law Enforcement/Police Professional Uability Insurance carrier NONE 68931 (10197) 3 ". UAmerican International Cvmpariies<!l m!j MuniPro !,IJ ::::;-...:.;.-:..;;-::~-;;;:-~~, N .~~ EM P co Y M ENT:P .RACTICES:S U PP L:EM ENT AL~Q U EST! 0 N S::i~:"""::"'-::'-"~;J.~;:.:.-.~~ 14. Does the Public Entity have ~ Human Resources department 6a Yes Number of Emp{oye~s in the HUr.1an Rescurc~s Departl1ent 14 o No Explain how this func:ioCl is hancled 15. Does the PL:blic Entity have a written human resources manual If no. pleaSe: explain what guidelines are followed Yes~ NoD 10. Total numi::er of Employees and ElectedlP-.ppointed Officials who have resigned, been terminated (with or without cause) or retired within the last 24 months. Employees 975 Elected/Appointed Officials 9 17. Has any Employe~ or Elected/Appointed Official made allegations of unfair or improper treatrne.fl,t regarding hiring, remuneration, advancement, or termination of employment Yes iXl. No 0 18. Does the Public Entity: ~) Use an employment application {or aU.of your applicants for hire (bl Use any tests to screen applicants for employment or to promote employees (c) Have a formal orientation program for aU new employees (d) .Publish an employment handbook Policy & Procedure Manual If yes, do you distribute to all employees (el Provide regular. written performance evaluation.s for alfemployees (f) Have a formally implemented and adopted anti-sexual harassment policy If yes, is it distributed annually to aU wor'J<ers . (g) Have a written procedure for handling employee complaints of discrimination and saxual harassment (h) Have a policy on AIDS or on assisting employees with lifa-threatening or communicable diseases (D Have a policy on accommodating the disabled as required by the Americans with Disabilities Act U) Comply with the Famity Medical Leave Act 19. Does the Public Entity require terminations to be reviewed by its: Human Resources Department legal Depar\ment Outside counsel 20. Does the pl.;~lic Entity have a formal out-placement program which assists terminated or"laid orr employees in finding other jo'bs 21. Does the Public Entity concuct exit intervie'''/s Yes ID NoO Yes &l NoD Yes &l NoO Yes~ NoO Yes~ NoO Yes~ NoO Yes~ NoO YesO No 12 Yes !Xl No 0 YesD NoK) Yes~ NoO Yes rll NoO Yes GEl NoD YesO NoD YesO ~loD YesO No~ Yes0 NoD . . ," ~OTlCE TO MINNESOTA APPLICANTS: "ANY PERSON WHO SUBMITS AN APPLICATION OR FILES A CLAIM WITH INTENT TO DEFRAUD OR HELPS COMMIT A FRAUD AGA!NST AN INSURER IS GUILTY OF A CRIME." NOTICE TO NEW JERSEY APPLICANTS: "ANY PERSON WHO INCLUDES ANY FALSE OR MISLEADING INFORMATION ON AN APPLICATION FOR AN INSURANCE POLICY IS SUBJECT TO CRIMINAL AND CIVIL PENALTIES." NOTICE TO NEW YORK APPLICANTS: "ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY INSURANCE COMPANY OR OTHER PERSON FILES AN APPLICATION FOR INSURANCE OR STATEMENT OF CLAIM CONTAINING ANY MATERIALLY FALSE INFORMATION, OR CONCEALS FOR THE PURPOSE OF MISLEADING, INFORMATION CONCERNING ANY FACT MATERIAL THERETO, COMMITS A FRAUDULENT INSURANCE ACT, WHICH IS A CRIME, AND SHALL ALSO BE SUBJECTTO A CIVIL PENALTY NOTTO EXCEED FIVE THOUSAND DOLLARS AND THE STATED VALUE OF THE CLAIM FOR EACH SUCH VIOLATION," NOTIce TO OHIO APPLICANTS: "ANY PERSON WHO, WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST AN INSURER, SUBMITS AN APPLICATION OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD." NOTICE TO PENNSYLVANIA APPUCANTs: "ANY PERSON WHO KNOWINGLY AND WITH INTENTTO DEFRAUD ANY INSURANCE COMPANY OR OTHER PERSON FILES AN APPLICATION FOR INSURANCE OR STATEMENT OF CLAIM CONTAINING ANY MATERIALLY FALSE INFORMATION OR CONCEALS FOR THE PURPOSE OF MISLEADING, INFORMATION CONCERNING ANY FACT MATERIAL THERETO COMMITS A FRAUDULENT INSURf\NCE ,l\CT, WHICH IS A CRIME AND SUBJECTS SUCH PERSON TO CRIMINAL AND CIVIL PENALTIES." PLEASE READ THE FOLLOWING STATEMENT CAREFULLY AND SIGN BELOW WHERE INDICATED. IF A POLICY IS ISSUED, THIS STATEMENT IS INCORPORATED IN AND BECOMES A PART OF SUCH POLICY. ; The undersigned authorized representative of the Public Entity hereby acknowledges that Defense Costs that are incurred will be applied against the Deductible. ublic Entity Date if /1~/r9 I , TItle (Must be sIgned by the hIghest ranking elected or appointed member of the board of the Public Entity, or the business manager or risk manager of the Public Entity, or the 'T)'essurer or Comptroller of the Public Entity) f~ ~\ ~ /IIfII.~D~.,a~r @(!tJ.,/d_IJ;.tI.ttQ. US E.mail Submitted by (Insurance Agent/Broker): PHIL S. HARISON, JR. Insurance Agency/Brokerage:. _ Harison-Kerzlc, Inc. Insurance Agency/Brokerage T. IlK 2601 Commons Boulevard P.O. Box211110 Address: Augusta. Georgia 30917-1110 Hlllioon. Kenlc, 'nc. Phone (706) 737-8811 'nauranceBrolnlra FAX (706) 737-3413 E-mail: Telephone: Facsimile: 68931 (1 0/97) 5 Fsb-2!-QQ 03:58pm Fram-SWETT ~ CRAWFORD +404Z5210Z7 T-S9Z P.04/0S F-T50 and il9r~~ lruiurer's reca.ipr of sucn wrinen rapen. prior TO l~e inCflption ot IMe pOlicy applie.d tar, is a.coMillon :Jrecedant 10 coverage. ". It mis IS a Renewal ApphC<lllon, il snail oe a supplement to me Apphcatlon(s) anacned to me current POliCY and ~cauons tog"ether wiUllt1is Renawal APPlicalion constih.ite inS complere Ap~tlon which snail De the Dasis of me contract should a policy be issued ana will be anacned to ana oecome pan at tne policy. Tne-sigAiRg ,of ,tffis.-Applicarion doeS-ncLDiu1.ttlB..under&lgned 10 p....rcnasa 1118 insurance, 90r does review of tile Application Dind.Ih ranee comp.~Y}O ISSue a policy. Tnis Application shall De tne baSIS of tne contract should a.~~ Harison-Kerzic, Inc. 2601 Commons Boulevard P.O, Box211110 Augusta, Georgia 30917-1110 Herfaon- Kerzlc,lnc. Phone (706) 737-8811 !neuronc. Brokers FAX (706) 737-3413 Nama of 'Agency FUll Address. City. Staie. Zip~_ '\ Contact Name ana pnone Surplus Llfles Lican!.:e Number AdmiRed 'LjcBnSe"~mDer Cor~Q!~ Counters!srlng Agent?"O' Ys's 0" NO' Stars 'Tax 'IO'~ber . COA-OCG"13::S1-'~~ .. PAGE 3 OF .. Augusta-Riclunond County, GA Section 13(F) Entities AnllnalControlBo~d Augusta-Richmond County Library Bo~d Augusta-Richmond County Personnel Bo~d Augusta-Richmond County Planning Commission Augusta-Richmond County Tree Commission Augusta Aviation Commission - Bush Field Board of Zoning Appeals Consolidated Historic Preservation General Aviation - Daniel Field Human Relations Commission Riverfront Development Review Attachment (A) 04/16/99 CLAIM NOTICE Please notify Royal Specialty Underwriting, Inc. of all claims Royal Specialty Underwriting, Inc. 945 East Paces Ferry Road Suite 1890 Atlanta, GA 30326 Attention: Claims Department J' . .... ,,' IlK Harison - Kerzic, Inc. Insurance Brokers July 19, 1999 Augusta Richmond County Attention: Sandy Wright 530 Green Street Room 217 Augusta, GA 30911 Re: Renewal of General Liability. 04/19/1999 to 04/19/2000 Swett & Crawford Dear Ms. Wright, Enclosed please find the renewal policy mentioned above which will continue your coverage for another year. In the event of a loss or if any changes in your operations or status occur during the policy term, please notify us at once so that we may make adjustments accordingly. In our initial review, no discrepancies were noted. However, if you find anything which should be corrected please let us mow. Thank you for your opportunity to serve your insurance needs and please call whenever we can assist you. Sincerely, ~~ Nancy Glass Service Agent Enclosure Harison-Kerzic, Inc./2601 Commons Boulevard / P.O, Box 211110 / Augusta, Georgia 30917-1110 / (706) 737-8811