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HomeMy WebLinkAbout(#10 ) W & G Maintenance of Palm BayRLI Insurance Company DISHONESTY BOND E RLI P.O. Box 3867 Peoria IL 61612-3967 Phone: (309)692-1000 Fax: (309-1610 (FOR ANY TYPE OF BUSINESS)` Bond No. - LFMC002228 Item 1. Name of Insured: WUDSON FENELONE T1A W & G MAINTENANCE, INC & CITY OF SEBASTIAN 1225 MAIN STREET SEBASTIAN FL 32958 (the "Insured") Principal Address: PO BOX 111330 Palm Bay, FL 32911 Item 2. bond Period: The ternis a this bond begins -o ith t�.e L-, _. day of-- - ^April - , 2008 , at 2:dO o'clock night, standard time, at the address of the insured given above, and ends at 12:00 o'clock night, standard time, on the effective date of the cancellation of this Bond in its entirety. Item 3. Limit of liability: S2§.00 .00 I. INSURING AGREEMENT In consideration of the agreed premium, RLI Insurance ComRny —, an Ill' oim s corporation (the "Company"), hereby agrees to indemnify the Insured, against any loss of money or other property which the Insured shall sustain or for which the Insured shall incur liabirdy to any customer or subscriber of the Insured through any fraudulent or dishonest act or acts committed by any Employee or Employees of the Insured acting alone or in collusion with others, an amount, not exceeding, in the aggregate, the amount stated in Item 3. Il. DEFINITIONS Employee. The word Employee or Employees, as used in this Bond, shall be deemed to mean, respectively, one or more of the natural persons (except directors or trustees of the Insured, if a corporation, who are not also officers or employees thereof in some other capacity) while in the regular service of the Insured in the ordinary course of the Insured's business during the term of this Bond, and whom the Insured compensates by salary, or wages and has the right to govern and direct in the performance of such service, and who are engaged in such service within any of the States of the United States of America, or within the District of Columbia, Puerto Rico, the Virgin Islands, or elsewhere for a limited period, but not to mean brokers, factors, commission merchants, consignees, contractors, or other agents or representatives of the same general character. Ill. GENERAL EXCLUSIONS A. Acts Committed by You or Your Partners: This Bond will not pay for loss resulting from any dishonest or criminal act committed by you or any of your partners whether aging alone or in collusion with other persons. B. Indirect Loss: This Bond will not pay for loss that is an indirect result of any act covered by this Bond including, but not limited to, loss resulting from: (1) Your inability to realize income that you would have realized had there been no toss of, or loss from damage to, covered property. FID 0001 (2193) Page 1 of 4 F0001104-30,15 (3) Loss of, or loss from damage to, "property other than money and securities" or loss from damage to the "premises" for not more than the: (a) Actual cash value of the property on the day the loss was discovered; (b) Cost of repairing the property or "premises;" or (c) Cost of replacing the property with property of like kind and quality. We may, at our option, pay the actual cash value of the property or repair or replace it. If we cannot agree with you upon the actual cash value or the cost of repair or replacement, the value or cost will be determined by arbitration. VI. CANCELLATION This Bond shall be deemed cancelled as to any Employee: (a) immediately upon discovery by the Insured, or by any partner or -officer -thereof not -in- collusion- with-s'.xch-Emplayee,of any fraudulent_or.dishonest_act_onAhe pact of such Employee; or (b) at 12:00 o'clock night, standard time, upon the effective date specified in a written notice served upon the Insured or sent by mail. Such date, if the notice be served, shall be not less than ten days after such service, or, if sent by mail, not less than fifteen days after the date of mailing. The mailing by the Company of notice, as aforesaid, to the Insured at its principal office shall be sufficient proof of notice. This Bond shall be deemed cancelled in its entirety at 12:00 o'clock night, standard time, upon the effective date specified in a written notice served by the Insured upon the Company or by the Company upon the Insured, or sent by mail. Such date, if served by the Company, shall be not less than ten days after such service, or if sent by the Company by mail, not less than fifteen days after the date of mailing. The mailing by the Company of notice, as aforesaid, to the Insured at its principal office shall be sufficient proof of notice. The Company shall refund to the Insured the unearned premium computed pro rata if this Bond Is cancelled at the instance of the Company, or at short rates if cancelled or reduced at the instance of the insured. Dated this 16th day of April 2008 . Countersigned B Authorized Individual FID 0001 (2193) RU Insurance Company By . Roy C. Di Vice President Page 4 of 4 F0001104-30.95 05;'21/2010 02:52 3336-734-4510 ALL FLORIDA I` SUPANC' 191-11 �13% ALL FLOR-IDA F-iNANCiAL,5EZVICC-S, IN(�. 502 N Spring Garden Ave Ste 4 Deland, Ft 32720 Tel 386-7344400 Fax 386-7344510 allfloddainsurance@cfl.rr.com Fll� T-R.ANSMI'TMAL FnRlyl To.$ Wudson Feneione Re: Bond Phone: Fax: 772-581-0145 From: Juana Martinez Date: 0512 /2010 Number of Pages: 5 Message: �Isre I the bawd, it Is tie sgIm Rs the o+ U014 o6'OIvuALIEd cot because bonds do K,Ot ex?ire.'rAdd WA, be cow.CeUd bd thou or she ompawd. fc d '1v caw covet%, UE to U9e tKS boAd us. & cA"dLed. PAGE W / ©5 05121/2010 02:52 256-734-4510 ALL FL13RIDA D-E-JRANII PAI E 0*1-2/r5 $ RLI Insurance Company RLI P.O. Box 3661 Peona IL 61612-M? Phone: (309)692-1000 Fac (300883-1610 Bond No. - LFM0002228 DISHONESTY BOND (FOR ANY TYPE OF BUSINESS) Item 1 Name of Insurea. WUDSON FENELONE T,A W & G MAINTENANCE, INC (the "insured") Principa! Address: PO BOX 111330 Palm Bay, FL 32911 Item 2. gond Period: The term of this oond begins with the 3Atn_ day of _Aoril . _MIL, at 12.00 a'clrx;k night, standard time. at the address of the insured given above,, and ends at 12:00 o'clock night, stanoard tirre, *. on the effective dateof the caneellatlon of this Bond in its entirety. Item 34 , Limit of liability: _ 25-Cm.00 1. INSURING AGREEMENT In c onsideraWn of the agreed premium, RLI InsurrancgCompany , an Ijfiglgis corporation (the "Company"), hereby agrees to indwrinify the Insured, against any loss of money or other property which the Insured shell sustain or for which the Insured shall In wr liability to any customer or subscriber of the Insured through any fraudulent or dishonest act or acts rarrimitted by any Employee or Employees of the Insured actino alone or in collusion witty otters, an amount, not exceeding, in the aggregate, tie amount stated in Item 3. li. DEFINITIONS Employee. The word Employee or Employees, as used in this Bond, shall be deemed to mean, -e*;Nc LveIy, orte or more of they natural persons (except directors or trustees of the Ins;.ired, if a corpora: otl, who are not also officers or employees thereof in some other capacity) while in the regular service of the Insured in the ordinary course of the Insured's business during the term of this Bond, and whom `.he -Insured compensates by 931ary, or w4ea and has the right to govem and direct in the performance of such service, and who are engaged in such seriice within any of the States of the United States of America, or within the District of Columbia, Puerto Etter, the Vif'(,1in Islands, or elsewhere for a limited period, but not to mean brokers, factors, commissior, rnerchan(e, consignees, contrac Wrs, or other agents or representatves of the same general character. Ill. GENERAL EXCLUSIONS A. Acts Committed by You or Your Partners: This Sor!d will not ;gay for loss resulting from arty dishonest or criminal act committed by you or any of your partners whether acting alone or in collusion with other parsons. S. Indirect Loss: This Bond will not pay for loss that is an indirect result of any act covered by this Bona including, but not limited to, loss resulting from: (1 ) Your inability to realize income that you wouid have realized had there been no loss of, or iosa frur; damage to, covered property. Page 1 of 4 FID t1001 (2193) F0001104-30.5 25/21/2010 32:52 306-734-4510 ALL FLJRIDA I-EURANC FAGE OS/05 (2) Payment of damages of any type for which you are legally liable; but, we vv ;ll pay compensatory damages arising directly from a loss covered under this Bond. (3) Payments of costs, fees or other expenses you Incur in establishing eithar the existence or the amount of loss under this ISond. C. Legal Expenses: This Bond will not pay for expenses related to any legal actlon. IV. EXCLUSIONS This Bond does not apply to toss, or to that part of any loss, as the case may 5e, the pmf of which, either as to its factual existence or as to its amount, is dependent upon an inventory computation or a profit and toss computation. In addition, the Bond does not apply to the defense of any legal proceedings brougn't against the Insured, or to fees, costs or expenses incurred or paid by the Insured in prosecutirg or defending any legal proceedings whether or, not such proceedings result or would result in a loss to the Insured covered by this Bond. In addition, the Company shall not be liable for any costs, fees and other expenses incurred by the Insured in establishing the existence or the amount of !Ass covered under this Bond. V. CONDITIONS A. Consolidation -Merger. If any natural persons shall be taken into the regolar service of the Insured through merger or consolidation with some other concern, the insured shall give the Company written notice thereof and shall pay an additional premium on any increase In the number of Employees covered under this Bond as a result of such merger or consolidation computea oro rata from the date of such merger or consolidation to the end of the current premium penod. S. DiscoYery Period. Loss is covered under this Bond only (a) if sustained through any act or acts committed by any Employee of Insured while this Bond is in force as to such Employee, and (b) if discovered prior no tater than one f 1) year from the expiration or sooner cancellation of this Band in its entirety as provided In section V, Caneeilation, or from its cancellation or termination in its entirety in any other menner, whichever shall first happen. C: Fraudulent or Dishonest ACL A Fraudulent or Dishonest Act of an Employee of the Insured shall mean an act which Is punishable under the criminal code In the jurisdiction within which act occurred, for which said Employee is tried and convicted by a court of proper jurisdiction. D. Limit of I -lability Under This Bond and Prior Insurance. With respect to loss or losses caused by an Employee or which are chargeable to such Employee as provided in CONDITION C and which occur partly under this Bond and partly under other bonds or policies issued by the Company to the Insured or to any predecessor in interest of the insured and terminated or cancelled or allowed to expire and in which the period for disco✓ery has not expired at the time any such loss or losses thereunder are discovered, the total liability of tns, Company under this Bond and under such other bonds or policies shall not exceed, in the aGgregate, the amount carried under this Bond on such loss or losses or the amount available to the Insured under such other bonds or polides, as llmltea oy the terns and conditions thereof, for any such loss or losses, if the latter amount be the larger. E. Non Accumulation of Liability. Regardless of the number of years this Hond shall continue ;n fond and the number or premiums which shall be payable or paid, the liability of the Company urger this Bond shall not be cumulative in amounts from year to year or from period to period. FID 0001 (2193) Pape 2 of 4 F0001104-30,15 05/21/2010 92:5A: F. G. H. J. 286-734-4510 ALL FUY- I IIA I E'LIPA IC PAGE 04.'.05 Salvage. If the Insured shall sustain any loss or losses covered by this Band which exceed the amount of coverage provided by this. Bond, the Insured shall be enticied to all recoveries, except from suretyship, insurance, reinsurance security and indemnity taken by cr for the benefA of the ::ornpany, by whomsoever made, on account of such loss or losses under this Bond :antic ful;y reimbursed, fess the actual cost of effecting the same; and less the amount of the deductible carried on the Employee causing such loss or losses; and any remainder shall be applied to the reimbursement of the Company. Prior Fraud, Dishonesty or Cancellation. No Employee, to the gest of the know'edge of the insured, or of any partner or officer thereof not in collusion with such Employee, has committed any Fraudulent or Dishonest Act in the service of the Insured yr otherwise. if prior to the issuance of this Bond, any fidelity insurance in favor of the Insured or any predecessor in interest of the Insured and covering ore or more of the lnsured's employees shall hava been cancelled as to any of such employees by reason of (a) the discovery of any fraudulent or dishonest act on the part of such employees, or (b) the giving of written notice of cancellation by the Insurer issuing such fidelity insurance, whether the Company or not, and if slich employees shall not .have been reinstated under the coverage of such fidelity insurance or superseding fidelity insurance. the Loripary shall not be liable under this Bond on account of such Employees unless the Company shall agree in writiiig to include such Employees within the coverage of this Bond. Loss, Notice, Proof, Legal Proceedings. At the earliest practical moment, and at all events not later than fifteen days after discovery of any fraudulent or dishonest act on the part of any Employee by the Insured. or by any partner or officer thereof not in c o,iusion with such Employee, the Insured shall give the Company written notice thereof and within four months after such discovery shall file with the Company affirmative proof of loss, itemized and duly swom to, and shall upon request of the Company render every assistance, not pecuniary, to facilitate the investigation and adjustment of any lass. No suit to recover on account of loss under Ws Bond shall t;e brought before the expiration of two months fro --n the tiling or proof as aforesaid on accouat of such loss, nor after the expiation of fifteen months frorn the discovery as aforesaid of the fraudulent or dshonest act causing such loss. If any, ;imitation in this Bond fcu- giving notice, fillrg Claim or bringing suit is prohibited or made void by any law controlling the construction of this Bond, such limitation shall be deemad to oe amended so as to be equal to the minwnum period of limitation porrnitted by such law. Part -Time or Temporary Employees. The named Insured shall not at any time while this Bond is it force direct any temporary or part time Employee(s) to any subseribees premises unless such Employee(s) is accompanied by a foreman who is in the regular employ of the Insured. Valuation • Settlement. Subject to the applicable Limit of Liability provision we will pay for. (1) loss of °money" but only up to and including its face value. (2) Loss of "securities" but only up to and including their value at they c k)se'of business on the day the loss eras discovered. We may, at our option: 'a) Pay the value of such "securities" or replace them in kind. in which event you must assign to us all you. - rights. title and interest in and to those "securities;" (b) Pay the cost of any Lost Securities Bond req;.ilred in connection with issuing duplicates of the "securities." However, we will be liable only for the payment of se much of the cast of the bond. as would be charged for a bond having a penalty not exceeding the lesser of the: (i) Valuo of the "securities" at the pose of business on the d.ay the loas was discovered; of i:) Limit of liability. FID 0001 (2193) Page 3 of 4 F0001104-30,1 e:5i 21/201-0 (32: 52 =86-734-251-0 ALL FLORI L7', I'4-q1JRAt4C Frr�E �5l_i.?5 __.-- (3) Loss of, or loss from damage to, "property other then w-ney and secwrities' or lose fr3m carnage to the premises" for not more than the: (a) Actuel cash value of the property on the day the loss was discovered; (b) Cost of repairing the property or "premises;" or (e) Cost of replacing the property with property of like kind anr► quality. We may, at our option, pay the actual cash value of the property or repair or rep;ace A. It we cannot agree with you t;pon the actual cash value or the cost of repair or repleoement, the value or cLst wi!i be determined by arbitration. VI. CANCELLATION This Bond shall be deemed cancelled as to any Employee., (a) immediately upon discovery by the insured: or by any partner or officer thereof not in collusion with such Employee, of any fraudulent or dishonest act on tie part of such Employee; or (b) at 12:00 o'clock n'ght, standard time, upon. the effective date specified in a written notice served upon the Insured or sent by mail. Such date, if the notice be served, shall be not tew than ten days after such service, or. it sent by mail, not less than fifteen days after the date of mailing. The mailing oy the Company of notice, as aforesaid, to the Insured at its principal office shall be sufficient proof of notice. This Bond shat! be deemed cancelled in its entirety at 12;00 o'clock night. standard time, upon the effective dote specified in a written notice served by the Insured upon the Company or ay the Company upon the Insured, or seat by mall. Such bate, if served by the Company, shall bs not less than ten days after such servioa., or if sent by'the Company by mail, not less than fifteen days after the date of mailing. The mailing by the Company of notice, as aforesaid, to the Insured at its principal office shall be sufficient proof of notice. The Company shall refund to -the Insured the unearned premium computed pro rate if this Bond is cenwlied ai the instance of the Company, or at short rates if cancelled or reaaced at the instance of the Insured. Dated tris 16th ._ day of ,,Ago! 1, 2Q08 . Countersigned ey� Authorized Individual FID 0001 (7+93) RLI Insurance Company By Roy C. aler' Vice President T, Page 4 of 4 FWC1iO4-30,15 05/21/22010 0":52 PAGE Qj Huptc7loge Mbff5125- 75% ffWin fil protamine suspension 25% � in*bon (CM aig* A�A `/G�cI 4w �z c CZ2 ���=� 10 `2 DID f a, w1o, 01