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R92-116RESOLUTION NO. R92-//~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THREE (3) INDEMNITY AGREEMENT APPLICATIONS TO PROVIDE FOR CONTINUED COVERAGE BY THE FLORIDA LEAGUE OF CITIES; A COPY OF SAID INDEMNITY AGREEMENT APPLICATIONS ARE ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. W]{EREA$, the respective boards of the Liability and t~roperty Trusts for the Florida League of Cities Self !Insurance Program have consolidated the Liability and i?roperty Trusts to form ~ne new trust known as. the Florida 4unicipal Insurance Trust, and W~EREAS, ~n order to continue the C~ty's liability and roperty coverage without interruption, coverage in the old rograms must be terminated and each participant must sign a !~ew indemnity agreement application. 'i NOW, T~EREFORE, BE IT RESOLVED BY ~{E CI~"~ COMMISSION )F ~E CI~ OF BOlq~I~)N BEACH, FLORIDA Section 1. The City of Boynton Beach, Florida %ereby authorizes and directs the Mayor and City Clerk to ~xecute the Indemnity Agreement Applications, as attached ~ereto as Exhibit "A". ~l Section 2. This Resolution !immediately upon passage. shali take effect PASSED AND ADOPTED this ~/ day of July, 1992. i ATTEST: Cit~ Clerk -- .( Corporate Seal AUTHS I G. DOC Self. Ins./App 7/14/92 CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner FLORIDA MUNICIPAL INSURANCE TRUST &GRF. E~fEN~ AND DECLARATION OF TRUST CRF. ATING THE FLORIDA MUNICIPAL INSURANCe- TRUST THIS INDENTURE, made and entered £nto ~.hia day of 1992, by and between ~Aa City of Palatka, Florida, of S~[ Au~s~ine ~a~, Flori~, ~e Ci~ of S~rise, Florida, and ~Ae City of Treasure Island, Florida hereafter referr~ ~o as hereafter become a m~er of ~e Florida Municipal Insurance T~s~, WITNESSETH: WH~I~d~.S, Ar~. VIII, Sac. 2, Fla. Canoe., in parc provides municipalities shall have governmental, corporate and proprie=a~ powers ~o emile ~ =o condu~ u~c~pa~ g~e~en~, perfo~ n~c~pa~ ~ons, and ~e~er n~ic~l se~ces, and nay exercise any paver faf municipal pu~o~es excep~ as o~he~se provid~ by, law; and WHEREAS, Sac. 166. 021, Fla. Stat., in part provides sunicipalitiea shall have governmen~ul, corporate and proprie=a~ ~wers ~o en~e ~u ~o condu~ n~Aci~X gove~, perfo~ m~ic~l ~io~, a~ re.er n~ici~l .e~ces, and ~y exercise any power ~or .~c~pe~ p~oea, ~cep~ wh~ e~ress~ pFoh~b~C~ by law, and fu~er det~ne, a ~c~ pu~oe Co seen any ac~v~y or ~er w~ic~ ~y ~ exerci8~ by ~e s~a~e or i~s pol~cal s~v~s~ons; and WHEREAS, Sec. 125.01, Fla. Stat., in paz~c provides counties, by and ~/lrough e~lair legislative and governing bodies, shall have =he power =o car~on county g~e~n= a~y exercise all.wets and pFivil~es nsc s~cifically prohibiC~ by law~ and WHEREAS, Sec. 768.28, Fla. Stat., in parc provides ~la state and its agencies and subdivisions ara au~Aorizodtobesalf-inaurad and to enter into risk managaBent progrm to pr~ido pro~ec~ion against ce~ain casual~y and pro~y clam; a~ WHEREAS, Sac. 111.072, Fla. Stat., au~Aorizaa ~ha stats, or any county, mmicipelity or political su~diviaion o£ ~e scats, Co enter in~o risk ~ag~ pr~rm in ~ici~ion of any judgeMn= or se~l~ resulting from a civil rights action arising ~der federal law; and WHE3tFd%S, Sec. 163.01, Fla. Stat., authorizes ~aa state, or any county, municipality or political subdivision of ~le state, to jointly exercise any power, privilege, or au~hori~y which such governmental aRtitias share in couon and which eac~sight exercise separately, and further provides such au~llorit¥ ia in addition to and not in limitation of ~Aose granted by any other general, local, or special law; and WMEREA~, tho Florida Municipal Liability Self-Insurers Program, and ~he Florida Municipal Propar~¥ Self-Insurers Program, hereinafter :alerted ko as ~ha "Progrm', ara independen=ly es~lish~ ~1~ self-insurance pr~rm, es~lisA~ ~der and pursuan~ =o ~e laws of Florida, =o provide certain civil liailiCy, casual~y, and pro~y =overage ~o 9~tci~lng o~ local severest; and WHEREAS, by Resolutions dated tAa 7th day of May, 1992, and the 15~ day of Mar, 1992, said Programs consented to =Aa creation of a ~1~ multi-lines self-insurance pr~udesi~ =o co~ine ~e asse~s, manag~en~, and operations of said ~rm and ~o Page 1 of 13 (DRAFT - May 28, 1992) collectively provide the various coverages historically provided independently to participating units of local government by said Progress; and WHEREAS, said Resolutions found the creation of such a proqraa would result in cost savings to said Programs and to unica of local government participating in said Progrm and would enhance ~he competitiveness of said Progrm and said Programs' ability to create and provide tailor-made coverages to units of local government paz~cicipaCing in ~lid Programs; and WHEP~EAS, it is t~e intent of the City of , Florida and the City of , Florida Co create said Program and to hereby facilitate the Programs.* request to combine the assets, management, and operation of said Programs. NON, THEREFOi~, FOR AND IN CONSIDERATION OF THE MUTUAL COVENARTS, PROMXSES AND OBLIGATIONS HEREIN CONTAINED, WHICH AR~ GIVEN TO AND ACCEPTED BY EACH MEMBER HEREOF AS TO THE OTHER, THE PARTIES HElmETS DO HEREBY COVENANT, STI.~JLATE AND AGREE AS FOLLOWS: ARTICLE I - ESTABLXSH](ENT AND PURPOSE OF TRUST Section 1. Establishment of Trust There is hereby eetabl£shed and created the FlorideNunicip&l Insurance Trust, hereinafter referred to aa the "Fund", the operation and administration of which shall be the joifl~ reeponeibility of a O~arcl og Trustees. Section 2. Purpose of Trust The Fund shall be adBinistered for the followirq uses and purposes: ae To pay or provide for casualty coverage To l~Y or provide for proper~y coverage to participating To pay for or provide ~o its pa~cicipating ~rs coverage in anticipa~ion of any Judgelent or settlllent rseul~ing from a civil rig~ a~ion arising ~de= f~eral law; To ~y for or pr~ide Co ~lci~Cing e~rs coverage anClci~Cion of any clai~ bill To ~y for or p~ide ~o ~lci~i~ ~ coverage for ~y o~e~ =isk au~oriz~ ~er Flori~ law =o ~ self- To pay for or provide Co paz~cicipatinq Berbers all or a palco of such coverages. AI~'I'XCLE II - TRUSTEES Section 1. Oualifica~ione of T~us~eee ~he operation and adninietration of the Fund shell be the full responsibility of a Board of Trustees consisting of a nunber of · Trustees selected free the ranks of elected officials of · unicipalitiee pa. rt:icipaCinq in =he Fund. To the ex'cent service on said Board of Truateee ie subJec~ to A~c. II, Sec. 5, Fla. Const., said service shall be dee~ed "ex officio duties" Co the duties performed by said elected officials. Page 2 of 13 (DRAFT - May 28, 1992) collec~ively provide CAe various coverages ~ls~or~cell~ provided £ndependen~y ~o participating ~n~s of loc&l govern~en~ by said PrograBi; and ~'IEREAS, said ResoluCiofls foufld ~he creation of such a program goveFnBent Participating in se~d Progress and vould enhance CAe create end provide tallor-uade coverages gove~nneflt pacCicipeting in said P~ograna; and VHER~AS, it is CAe intent of CAe City of , Florida and the C~ty of , Florida to cra&ts said Program and management, and o~ratiofl of said NOW, THEI~FORE, FOR AND ZN CONSZDERA?ZON OF THE MUTUAL ¢OVENAHTS, PROMZSES ~D OB~TZONS HE~ZN CO~AZNED, ~Z~ ~ P~ZES H~ ~ H~BY CO~, STZ~ ~D AGUE ~ FO~S: ARTICLE I - ES?ABL~SI~ENT AND PURPOSE OF TRUST Zniu~ance T~sC, hlclinaf~l~ =lfeF~ Co as ~e "~d", CAe o~=aC~on and e~in~mcrat~on st vh~ mha~l ~ ~e ~o~nC Se~on 2. ~se of ~e ~ she~l ~ a~n~sCer~ ~or ~e foZl~ uses and pu~s: a. To ~y or provide ~or casualty c~erage to To ~y oF provide ~oF pro~y coverage ~o me. rs; c. To ~y esr or provide ~o ~CI ~c~c~ Wrs c~eroge aflCicipeCion of any ~udgemeflC or seCCl~enC.reiu~t~ fr~ a c~v~ r~gh~s a~on ar~o~flg ufldeF ~era~ lev; To pay ~o= or provide Co ~c~c~ BeeFS coverage To ~y for oF provide co ~c~c~ m~Fs coverage any o~er =ilk auChoF~z~ u~e= Florida lay Co ~ self- l~ur~. To ~y for or pF~ide ~o ~ici~i~ ~ ell oF ~ pe~ ARTICLE ZZ - TRUSTEES Section 1. 9ualific&tions of Trustees Tits operation &nd aduin~etrstion of CAe Fund sA&Il be Chi full sa~d h~ or T~nCee. ~0 s~ecC Co A~. II, S~. S, Fla. CoseC., said se~ice s~ll ~ de~ "ex officio duties' ~o ~e duC~eo peF~o~ by ~ld elecC~ Page 2 of 13 (DRAFT - Nay 28, 1992) Sec=ion 2. InS=iai Board of Trus~aee The initial Board of True=see shall commie= of =he combined Boards of Trus~eee of the Florida Municipal Liability Self-Insurers Prograi, and ~Ae Florida Municipal Property Self-Insurers Program. The initial Board of Trustees ·hall serve, subJec~ =o =he provisions herein relating Co reelec~ion, length of appointment, qualifications and limitations on service, and removal of a Trustee, until successor Trustee· are ·elec~ced. Sec=ion 3. Number of True~ee· Except a· otherwise provided herein, t_~e Board of Trustees shall be comps·ed of seven (7) ?rueCeee. Sec=ion 4. Appointment of True=ese on or before January 1, 1994, and no lees than annually thereafter, the Board of Trustees shall ·elicit nomination· from municipalities =abc are member· of ~Ae Fund and such nominee· shall constitute the basis for election to ~Ae Board of True=es·. Following =he ·eli=ira=ion of nominations, True=se vacancies shall be filled by ~le Board of Trustees, by iajori~y vote, from the nominees offered by such member·. True=ese, including Trustee· si=ring on =he initial Board of True=ese, may be re-elected, subjec~Co ~he provisions herein relating to ler~of appointment, qualifications and limA=sCions on service, and renege1 of a True=es. Each Trustee and each successor True=se shall acknowledge and torment =o hie appointment ae Trustee by giving writ=em no=ice of acceptance of such selection =o =he Chaimn of =he Board of True=e~ of =he Fund. Section 5. Length of Appointment, Limits=ions on Se=vice, and Removal of a True=se Trustee· ·hall ·ergs=hr·e-year =em. Subject Co re-election ae provided herein, each Trustee, unless due =o =he resignation, dee=h, incapacity, or refusal Co ac=, shall serve and shall continue =o serve on ~e ~a~ of ~.Cee.; h~lvlF, ~n no even= shall a T~sCee se~e more ~an Cwo (2) full conse~ive ~ree-year =e~s. Wi~ res~ Co ~e m~rs of ~e ~.iCiaX ~ard o~ ~s=e~, Co ~e ~anC rime se~ on ~e h~a or T~sCees of =he ~rmwas s~j~ ~o ~e ~ (2) full co~Cive~ee-year ce~lAaiCaCione p~id~ interim' en~lin~ d~enCs, such Ci~ se~ on said ~a~a of T~sCees s~all ~ includ~ and o~e~ise us~ =h compute ~e Cwo (2) full cons~Cive ~ree-year Ce~ X~aCion pr~id~ herein. No Trustee uy be selected or continue to serve aea Tru·C·e aS=er becoming an owner, officer, employee or agent of a business entity having a con=rectus1 relationship or o~herwiee doing business with =he Fund. This paragraph ·hall no= be con·trued to prohibit an officer or a mendmer of CAe Board of Direc~ore of the Florida League of Cities, Inc., from serving on =he Board of True=eeo of =he Fund. A Trustee shall relinquish hie office or nay be removed by a majority vote of =he Board of True=es· ipso fa=Co when he no longer serves aa an elected official of =he menber from which he wa· selected, or when =he mem~er ceases to pa~cicipaCe in =he Fund. Notice of removal of · Trustee shall be furnished =o a True=es by the C~aiZl~n of CAe Board of True=ess in writing and shall provide for =he effective dace of such removal. Sec=ion 6. Resignation of a Trustee A Trustee may- reeiqn from all duties or responsibilities hereunder by giving no= lees =ham sixty (60) days prior nc=ice in wriCinq =o the Chairman of the Board of True=ese. Such no=ice Page 3 of 13 (DRAFT - May 28, 1992) resignation shall Cake effect on such day unlsee a successor Trustee shall have Mean selected aC an earlier date bye he Board of Trustees in which event such resignation shall Cake effect immediately upon Che appoinCeenC of the successor Trustee. Any Trustee, upon leaving office, shall for~hviCh Cum over and deliver Co the Chairman of ~he Board of Trustees aC ~Ae principal office or offices of ~he Fund, any and all records, book~, documents or ocher property in his possession or under his control which belongs Co CAe Fund. Section 7. Appoin~.nenC of Successor Trustee In ~he event any Trustee duly appointed Co serve on the Board of Trustees shall die, res£gn, becole incapacitated, or refuse Co acC, a successor Trustee shall be eelecCed forChviCh by the ~oard. The notice of appo£n~aenC of a successor Trustee shall he provided in writing by ~he Chairman of ~he Board of TruaCees or CAe Administrator, and such successor TrusCee's notice of acceptance of such appointment shall be provided in wriCir~ Co ~l~e Chairman of the Board addressed Co ~he office or offices of the Fund. A successor TrusCaesele~cedpursuanC Co cAiaparagraph shall fulfill the unexpired term of the T~uaCee replgced and, subJec~ Co re- ele~cion, qualifications and l£niCaCions on service, and re.oval of & Trustee &e provided he~ein, shall be entitled Co serve Cwo (2) full conee~uCive ~hree-yeer Cam follow£n~ unexpired term filled by ~he successor Trustee. Section 8. Trustees' Rights In case of death, resignation, incapactCy, or refusal Co acc on the parC of one or more of the TTusCeel, the re~mining Trustees shall have all C~le pavers, rights, seCaCse, and inCerset provided in Chis Agreement aa Trustees and shall be charged rich the duties provided in Chis Agreement, provided in such cases, no action nay be Cakes unless it ia concurred in by a iaJoriC¥ or the renain£ng TruaCee~. Section 9. Trustee orricerm The initial Board of T~uaCiee shall mC aa promptly aa possible after C he execution or CblsAgreeaenCandelecC from among the z~ st ~e ~a ~ai~ ~Vice-~ai~. ~e Ce~of Chess otfice~ ~all conence on ~e dace of ~eir. ele~ion and shall continue Co ~e ~ or ~e fi~l y~r. ~ereafCer, su~ o~fice~ shall ~el~annually. ~e Vice~ai~n or ~e ~a~ st T~sCeee shall exercise ~e~vers, duCiel~ ~nsibili~ies o~ CAe ~ai~ in ~e ~aA~n's ~8ence. ARTXCZ~ ZZX - AOMZNZS~TZON OF FUND Section l. NleCiagl The Board or Trustees shell nsec aC such CAme and in such location aa may be acceptable co a majority of the Board of ?rueCeea. The Chairaan or CAe Board o£ TrUStieS or him designee shall sec Cbs dace, Cima and location or each mCing, and notice Chereor shall be furnished co each Trustee by Cbe Chairman or hie designee nsc ieee Chart Cea (10) days prior Co Cbs dace or such nesting. Sucb noCice ~11 specify Chad aCe, Cite and locaCion o£ such nesting and nay specify C~e purpole C~ere~r, and any action proposed Co be ca~en ChermaC. Such notice shall be directed Co each Trustee by mall Co the address or such TrueCee aa ii recorded in the office or o£ricee or the Fund. In no event shall the Board of Trustees nsec leas than seal-annually. The Chairman of C~e Board or any cares (3) ocher Trustees nay call a special meeting and direct CAe Ad~inisCraCor Co send CAe prerequisite notice for any special nesting or CAe Board of Page 4 of 13 (DRAI'"T' - May 28, 1992) rss£qnetion lb&Il take effect on such day unlell a succeslor ~y T~st~, u~n lmavi~ office, shell fo~w~ ~u~ and de~ver to ~e ~ai~fl o~ ~e ~ of T~lCeil princl~l off~cl or of~iCll of ~i ~, any a~ I11 ricoh., ~o~, d~enCi or o~er pro~y ~n bls ~llellion or under his control vhich ~lo~l Co ~e ~. Se~on 7. Ap~n~enC of Succelior T~lCee In ~e even~ any T~i~ie duly ap~inC~ Co se~e on ~he of T~iCeem shell die, reii~, ~o~ incapacitate, or refuse to ac~, a successor T~oCet shell ~ sele~ ~o~v~ by ~e hrd. ~e noC~ce or ap~in~flC of a successor T~iC~ sha~l be prov~d~ ~n vr~C~ by ~e Cha~an of ~e ~e~ o~ T~s~eel or A~n~scraCor, and such successor T~iCee*I noC~ce of acceptance of such ap~nCnenC shell ~ prov~d~ ~n ~ Co CAe ~a~an cae ~e~ addrili~ ~o ~e orifice or of~cei or Chi ~nd. A succelior T~iCee lele~ pursuant ~o ~l ~ragraph shall Chi une~r~ Ce~ of ~e ~iCee replac~ i~, l~J~ ~o elOCon, ~al~fi~CLonl a~ l~l~CaC~ofli~n se~ce, a~ re.vii a T~ICN al pr~d~ here~n, shall ~'enC~Cl~ ~o le~e Cwo (2) full co~e~C~ve ~ree-year Cern ~o11~ ~l e~raC~on or une~Lr~ ~e~ f~l~ by ~e successor T~iCIe. Se~on 8. ~ICoeI' In case of dee~, rel~gna~on, ~nca~ciCy, or refusal ~o on the ~ st OhO or ~re of ~e ~ICeel, ~e rminl~ shall have all ~e ~ers, r~ghCl, estates, a~ interest provid~ ~fl Ch~i ~reemenC al T~MCeel a~ shall ~ ~a~ v~ ~e du~ei provid~ in CA~i Agre~inC, provid~ in su~ calel, no acC~on be ~ak~ unleli ~C ~s con~rr~ in by a MJor~Cy or ~e r~n~ Section 9. ?rustic Officerl The initial Board of Trustees shall ~ossible after Chi execution of c~le Agreeaent arm el~ ~m ~ng chile officers shall co--ace on ~e ~Ce of ~eir ele~iofl a~ shall continue oftice~ shall ~ ARTZCLB IX! - &~ZMZSTR&TZOIf OF SCion 1. ~e ~ o~ ~ees shall ~et a~ su~ ~iN a~ in suc~ l~ion is My ~ accep~le ~o a ~Jori~y ?~atm. ~e ~A~ of ~e ~ of T~a~e~ or ~As designee d~t~ ~ le~ ~u c~ (10) days prior su~ mtl~ ~ My s~ify ~e pu~M ~er~f, a~ ~y a~ton ~ ~fl ~ MA1 Co ~e address or such ~C~ as ts r~o~ ~n ~e o~r~ce or of~c~ or ~e ~. Zn no ~C of T~oC~g ~e~ ~eso ~an s~-ennua~y. ~e ~al~n o~ ~e hrd or any ~ (2) o~er call a s~al ~eCi~ a~ d~r~ ~e ~iniiCrator to send CAe prere~ii~Ce notice for any s~lal aeeCi~ of ~e ~ of Page 4 of 13 (D~ - Hay 2~, 1992) any tine and place wiCbou~ notice, or wiCA leos thaff the prerequisite no, ice, provided all TrUa~eee execute a waiver of no,ice and conaen~ to said needing. For purposes of a duly called see~ing of CAe ~oard of Trustees, a quoru~ shall exie~ if a ~ajority of Ohm he.bars of the Board of TrueCeee are present. The AcLuinietraCor shall keep minutes of all meetings, proceedings and acts of ~he Board of Trustees, buC such minutes need nec be verhatin. Copies of all sinuses of CAe Board of Trustees shall be sene by CAe Administrator to all Trustees. Section 2. Voting All actions My, and decisions of, CAe Board of Trustees shall be by vote of a majority of CAe Trustees attending a duly called meeting of CAe Board of ?rusteee aC which a quorum is present; however, in CAe event of a duly called special ~eeCing, all actions by, and decisions of, CAe Board of T~usteee uy be by vote of a majority or,he Trustees present and attending such special meeting if a proper waiver of notice and consent whe obtained as provided herein. Section 3. Office of CAe Fund The Board of Trustees shall establish, maintain and provide adequate funding for an office or offices for CAe ad~inisCration of CAe Fund. The address of such office or offices shall be made known to CAe uni~s of local goverrmen~ eligible Co participate in or participating in CAe Fund. The bo~ and record~ per~aining to the Fu~d and ice ac~lnie~ra~lon shell be kept and maintained at =he office or offices of CAe Fund. Section 4. Execution of Documents A certificate, docuBent, or ocher insCruBent signed by CAe Chairman or cAe Ad~inistrator of CAe Fund shall be evidence of CAe action of CAe Beard of Trustees and any sucUcerCifica=e, document, or ocher ineCrument so signed shall conclusively be preeuaed Co be aucAentic. Likewise, all acco and matters seated cAerein shall conclusively be preeuned co be true. Section 5. Appoin~uent of Achuiniatrator The Trustm shall designate and provide conpeneation for an AcLuiniaCrator to ad-inieter CAe affairs of CAe Fund. Any AduinistraCor so designated shall furnish CAe Board of Trustees vita a fideliC¥ bond vicA CAe Trustees as maned obliges. The aaounC of suc~ bond shall be detersined by CAe Trustees and the evidence cAerecf shall be available to all units of government eligible Co perCicipaCe in or perC£cipeCing in CAe Fund. Section 6. compeneaCion and Rei-hurseBenC of Trustees The Board of Trustees may from tine Co tine establish a raalona~le anount of compensation to cover attendance aC a duly called mCinq by CAe Board of Trustees and cae Ad~iniatraCor, or to cover ~he performance of CAe normal duties of a Trustee or Ad~inisCrator. Suc~ coupensa=ion shall include rai~uraeuen~ for realon&ble and necessary expenses incurred cAerewiCA. ARTICLE IV - POWERS A~D DUTIES OF TH~ BOARD OF TRUSTEES Section 1. AuDhority of CAe Board of Trustees The Board of TrueCeee shall be charged vita the duty of =he general supervision and operaCion of CAe Fund, and shall conduct Page 5 of 13 (DRAFT - May 28, 1992) the bua£neee and activ£Cies of CAe Fund in accordance with Chis Agreement, £ta by-laws, rules and regulations and applicable federal and state statutes and rules and regulations. In connection therewith, the Board of Trustees may exercise following authority and powers: To collect monies from participating mashers in an amount individually agreed to by the Fund and said members for the purpose of paying for or providing =he coverages provided in ,`.his Agre~ient to participating members. To pay for or provide such excess insurance or reinsurance coverage as is necessary to accomplish the purpose of the Fund. To borrow funds, issue bonds and o,`.her certificates of indebtedness, and arrange for lines or letters of credit =o assist in providing ,`.hi coverages provided in ,`.his Agreement to participating members. To pay for or provide appropriate liability and other =ypes of insurance to cover the acts of the Board of Trustees of ,`.he Fund. To contract wi,`.happropriats professional service providers =o meat ,`.he purposes of the Fund, and to expand funds for the reasonable operating and achiinistrative expenses of -`.he Fund, including hut not limi=id to, all relishable and neCelSary eeCablish~ent of '..he Fund, in connection wi-`.h -`.he employment of luchaeheiniltritivt, legal, accot~lting, a/Id o-`.hmr expel-Car leasing and purchaia of such premises, uCirial, euppliel and equipment aa che Board, in its discretion, ny deem necessary for or appropriate to ,.he performance of ica duties, or -`.he duties of -`.he Ad~inistrator or ,.ha o-`.her agents or employees of =he Fund. fo To pay claims the Fund becomes legally obliged top ay pursuant Co CAe coverage egreenenta entered £nCo by and between the Fund and par~icipoting members. To establish and accuuulate as per~ of the Fund adequate reserves to carry out the purposes of the Fund. To pay premiums on, and to o-`.herwise secure or provide, insurance produc~o -`.hat are ancillary Co the coverages au~Aorized by ,`.his Agreement. To invest and reinvest funds CheC nay come £nCo =he possession of -`.he Fund. j. To assuue -`.he assets and ltab£1iCiee of ,`.he Prograls. To Cake such ac~ons and expend such funds as are reasonably n~c~nry to fac£1iCace the cessation of -`.ha business of the Proqrm. 1. To exercise such powers as are au-`.horized Co be exercised by trus=m under and pursuant to the laws of Florida. To take such o~er actions and expend such funds as are reasonably nsce~aary to accomplish the purposes of che Fund. Section 2. Approval of Members The Board of ?ruateaa, after the £ncepCion of che Fund, shall receive applications for membership from prospective new par~icipaflts £n =he Fund and shall approve applications for membership in accordance wich CAe Cema of ~Ais A~reenent, any Page 6 of 13 (DRAFT - May 28, 1992) Aqrsenent, its by-laws, ~ulss and regulations and app~A~e co~on ~er~, ~e ~ard or T~s~ees My exe~se ~e foll~ au~or~y and ~vers: To collect sorties frou p~L-ticipetinq mashers in an anount individually agreed to by tAe Fund a~ sa~d le~rl for ~e pu~se of ~y~ for or pr~d~ ~e coverages prov~d~ ~n ~s A~se~ ~o pa~ici~l~ ne~rs. To pay for or provide sucA excess insurance or reinsurance coverage as is necessary to accouplisA the purpose of the Fund. Co To horror funds, issue bonds and other cez~i£1cates of indebtedness, and arrange for lines or letters of credit to assist in providing the coverages provided in this AgreeBent to par'ticipetiflg nesters. To pay for or provide appropriate liability and other t~pes o~ insurance to cover the acts of the Board of ?rvstees of the Fund. To contract vithappropriaCa professional sec'vice providers to neet'the purposes of the Fund, and to expend funds for tAe reaecn~le operating and a~uinistrative expenses o~ ~e ~d, including bu~ no~ linit~ th, all rseson~le a~ n~sese~ e~nse, vhi~ ~y ~ in~r=~ in co~ion vi~ eo~lio~ent or ~e ~nd, in conne~ion vi~ ~e emplo~n~ o~ such e~lniotrative, l~el, acco~ti~, a~o~er clerical assistance to t~ ~, a~ Iff con, ion vl~ ~e e~l~n~ as ~e ~e~, iff i~s discFe~iofl, My de~ for or Ippropria~e to ~e ~rfo~flce or its duties, or ~e duties or ~e ~inistrator or ~e o~er agents or e~loyees To pay claiil the Fund becomes l~gally obliged topey pursuant to tAe coverage agreenents entered into by and between the Fund and participating aeubers. go reserves to carry out the puL~oses o£ the Fund. ~.. To pay preBiums on, and to otherwise securp or provide, insurance products that are ancillary to the coverages authorized by this Agreement. To invest: and reinvest funds that may come into the possession of the Fund. 3. To assune the assets and liabilities of tie PFoqrm. To take such actions and expend such funds as are reasonably necessary to facilitate the cessation of the business of tie Pt~xj~um. To exercise such povers as are authorized to b~ exercised by true,eeo under and pursuant to the lays of Florida. such other actions and expend such funds as are S~ction 2. Approval of Xenb~rs The Board of ?Fus~ees, after the inception of the Fund, shall receive applications for mesbership fro~ prospective new participants in the Fund and shall approve applications for men~ership in accordance vita tat terms of tail Agreenent, any Page 6 of 13 (DRAFT - Nay 28, 1992) Pa~ticipation &g~sement, appli~le ~eral an~ stats statutes and rules an~ r~lations, and t~ ~laa an~ ~laticna eata~lia~ ~e ~ard of T~stees for ~e a~ission of new m~ers into the ~d; pr~id~, however, no pros~ctive me.er nay pa~icipate the ~d ~eaa such ~rs~c~ive me.er ~a an agen~ or po~t~ca~ s~v~s~on ~n oF o~ ~e state. ~ us~ heFe~n, ~e phFase 'agen~ oF po~t~ s~v~s~on ~n oF o~ ~e states ~ncludes, but ~s not ~n~C~ to, ~e state, ~Cs agencies, co~c~es, municipalities, spec~a~ ~isCr~s, scnoo~ d~sCr~cCa, and o~er gove~enCal enC~C~es; ~e ~nde~nd~t esC~s~enCs and consC~tuC~ona~ o~icirs o~ ~e state, counties, n~c~pa~C~es, school special d~sCri~s, and o~er gove~ental entities; and co~oraCions pFiearily ac~ing as insC~eflCaliCies or agencies ~he sO-%e, counties, municipalities, scA~l districts, special disCri~:s or o~er gove~enCal entities. ~e ~ard o~ T~sCees shall be ~e sole judge o~ wAe~er or nsc an applicant ~or readership shall be eligible ~o pa~icipaCe in ~he ~nd. Section 3. RepoSing ~e ~a~ o~ T~o~eeo sAall ~e res~nsible ~oF and s~all cause ~o be pre~r~ and ~il~ such annual oF o~er ~ri~ic audi~s, repo~s and disclosures aa ny Me re~ ~r~ tine Co tine pursuant Co applic~le ~ederal and sCa~e statutes and ~les and radiations, includi~, ~uC nsc limiC~ Co, peri.it paMrol audios, ~Fi~ic s~ loam re~s, peFi~ic statements o~ ~inancial condition, ce~i~ied audios, appropriate applications ~il~ by proo~cCive ney ~Fs, re~s as Co ~inancial standings, payroll recordo, repo~o rela~ng ~o c~eFage e~ience, lose and com~naaCion pa~encs, ~ lose state.nCo, ~Fi~Ac status re~s, and ~y o~eF such ~s may ~ r~l~ ~F~ tim Co Ci~ Co acc~li~ ~e pu~ o~ ~e F~d oF Co saCia~y ~e r~iroenCs o~ appr~FiaCe g~e~enCal agencies. SeXism 4. ~sCeeo * ~e T~sCe~ and ~eiF agen~ and oployeea shall nsc ~e liaAle ~oF any a~ o~ omission or conission Ca~en p~uanC Co AgFe~enC ~lese su~ a~ constitutes a vill~ul bFeac~ o~ ~iducia~ duties nsf shall any T~sCee ~ li~le ~oF any a~ o~ omission or conisaion by any o~e~ T~aCee oF ~y any ~ployee oF agent o~ ~e Fund. ~e ~nd hefty agFees Co save, hold ~a~lesa and inde~i~y ~he T~sCees and ~eiF agents and ~loyees ~oF any loss, da~ge or e~nse in~rF~ by said ~Fsons or entities vAile a~ing in Chair o~icial capacity ~lese su~ a~ion co~CACuC~ a vill~ul breac~ o~ ~iducia~ Section S. Reliance on Co.eel's ~inion ~e ~a~ of T~sCees ny employ and consult vi~ counsel conce~A~ any ~esCio~ vhi~ ~y aFiae vi~ re~eFence Co ~he duties and ~ers. or ~e ~a~ o~ T~sCees or vi~ re~erence Co any o~eF nCCeF ~aining Co ~is A~e~nC oF ~e T~aC cFeaCed CAer~y; a~ ~e opinion o~ suc~ counsel s~ll be ~ull and complete au~oFizaCion a~ p~oCecCion ~r~ liability aFisi~ omc o~ or res~ Co ~y a~ion Ca~en or su~er~ by ~e ~a~ o~ T~sCees oF an A~ividual ~C~ acting AeFe~deF in g~ ~ai~ and acco~ance vi~ ~e opinion or such co.eel. S~ion 6. By-lave, ~ules and R~laCions ~e h~ o~ T~sCees ~y adopt and enforce such ~les and r~laCione aa ~Cveen ~e e~ers o~ ~e ~d and ~e Fund gove~ing ~e o~FaCion o~ ~e ~ aa are cona~aCenC v~ ~e Ce~s o~ ~is Ag~emnC and as are Feason~ly necessa~ accomplish ~e purees or ~he ~d. Page 7 of 13 (DRAFT - May 28, 1992) ARTICLE V - POWERS AND D~T~ES OF THE Sec~£on 1. Rsspons£bi~iC£as The ActminisCraCor shall serve as SecraCa~-Trsasurer of Fund and shall have ~he power and au~loriCy direc=ives of ~e ~ard of T~s~ and opera=ion and su~ision of ~l ~d, ~e by-~awl, re~laCions IsC~lish~by~e ~ of T~iCees, ~e pr~isionl of ~isAg~iMnC, a~xpp~ic~e f~eral ~ state I~CuCil and Section 2. Contributions The Administrator shall deposit Co C~e account or accounts designaCed by ~e Board of TrulCees, aC ~/le financial institution or institutions designated by ~he Board of Trustees, all contributions as and when collected from ~le members and said monies shall be disbursed only in Chi ~anner provided by Chis Agreement, ~he ~ules, regulations and by-laws of ~le Board of Trustees, and ~Ae Agreement entered into py and between ~he Board of TL'~iCitl and CAe AduiniscraCor. ARTICLE VI - FUND Section 1. Membership Cancellation, Sus~nsion or Expulsion The TrusCees shall be ~he sole judge of whe~er e~ll~ fr~ ~e ~d. Written notice of ay lu~ ~cilllC~on, no less ~ fogy-five (45) days prior ~o ~e effe~ive ~Ce of ~is Agree oF any o~er a~C, ce~ri~Ce, d~nC, o~er ~nsC~C exGC~ by ~e ~ ud ~e ~ p~.~C Co dace of su~ ~ce~aC~on, s~ion or ~.ion. m~r fails Co ~e ~e r~lil~e conCri~o~ for c~eraqes under ~is ~rwC vh~ suc~ conCr~uCiono are due. S~on 2. Rei~u~bi~C~el of Ea~W= of ~e ~agreeo =o ~ide by ~e ~o~l~ng ~les and a. ~e ~r aqreel Co M~nCa~n · reaoon~le preven=lon pr~ru in order =o pr~ide ~e uxl~ in safe=y and ass~ by ~e ~ u~er ~is ~~ or a~ o~er ce~lf~ca=e, d~n=, or o~er ins=~en= ex~=~~e~nd and b. ~n ~e ~C ct an ~c~d~C l~kely Co give Co rise Co a ce~if~, d~C, oF o~er instant ex~C~~e~d and ~e~r~c ~o~iiAgre~enC, ~e~r agree Co provide c. ~e ~r agrees =o pr~p~ly ~e all con=ribu=~ons for c~eraq~s arioi~ ~er ~s ~emn~, or any ce~fi~=e, d~n~, or o~er ins=~n~ ex~=~~e~nd and ~e~r~n= =o~isA~re~n= a=~e =~Ma~ in~eunner dire~ by ~e ~ of ~s=eeo. Said con=ribu=lons r~uc~ by any . dlsco~=, pa~c~=l~ cr~, or o~er con=ribu=ion redu~ion pr~ram es=ablish~ by ~e ~e~ of T~sCie8; Page 8 of 13 (DRAFT - Nay 28, 1992) ARTI¢I~ V - POV~]~ AXD DOTIF, S OF THZ &OMINI~T~ATO~ Section 1. ~eaponeibllitiae Fund and shall have CAi paver and au~oriCy ~o iapl~nC ~e o~raC~on a~ suffusion of ~e ~, ~e by-Zavs, ~es a~ =~laCions esCablish~ by~e ~a~o~ T~sCees, ~e pr~isiona o~ ~isAgreenenC, ~ appli~le ~eral a~ s~a sCaCuCe~ a~ ~le~ and r~laCions. Section 2. Contributions The Acluiniatrator shall deposit to CAi account or accounts daaignaCed by CAe Board of Trusties, at CAe financial or inaCituCione designated by cai Board of Trustees, all contributions &a and when collected ~rom tht mild)ecs and said monies shall ~e disbursed only in the Banner provided by this Agreement, thl rules, Fec]ulations and by-lave or CAi Board Trustees, and CAi Agreement entered iflCo by and between CAe Board of TzxJetaee and CAe Administrator. ARTICLE VZ - FUND )~XBE~IHZP Section i. Hembecship Cancellation, Suspension or Expulsion tAe P~And ~ly be canceled, or vheCAer a milb4r may be suspended or expelled from CAe P~nd. wriCten notice of any such cancellation, suspension or expulsion shall be providedhyCl~el~LndtoCAeBember no lmae Clan forty-five (45) days prior to CAi effective date of such cancellation, suspension or expulsion, and no liability under. thio Agreement or any ocher agreenent, ce~ct£icate, docuaint, or ocher £nitruJent executed by CAe Fund and CAi W: pursuant to CAll AgFemnt, shall accrue to CAe Fund £oll~vln~ ~Ae e£tec~lve date of such cancellation, suspension or expulsion. The sininal notice provisions of CAll paragraph shall not apply in CAe evenC a member falls to Bake CAe requisite contributiorm for coverages under CAte Agreement vhen such conCributione are due. Section 2. Responsibilities of Member Each BeRber of CAe FurKlagreee to abide by CAe relieving rules and regulations: a. The Bead)er agrees Co maintain a reasonable leas prevention program in order to provide CAe maXimin in safety and lavtul practices aa such may relate to CAe potential liability assumed by CAe Fund under Chis Ag~eeaenC or any ocher agreeminC, cerCtrtcate, dec.Bent, or ocher lneCr~uaent execuCedbycAeF~ndand CAe BeRber pursuant to this Agreement; b. Xn CAe event of an incident likely to give to rise to a claim viChin CAe scope of CAAe Agreemint, or any ocher ag~emient, cerCl£1cate, doc~aenC, or other instrument executed by CAe Fund and Cheuenberp~cauant to cAiaAgreemenC, CAe masher agrees to provide immediate notl£1catlon of such £ncident to CAi l~uld; o. The Be B bar agrees to promptly Bake all contributions for coverages arising under Chis Agreemint, or any ocher agreement, cerCt£~cate, doc%merit, or ocher instrument executed by CAe Fund and CAe member pursuant to cAlaAgreemint at CAe time and £ncAemirmer directed by CAe Board of Trustees. Said contributionl nay be reduced by any discount, participation credit, or ocher contribution redgcCion program established by CAe B~urd of Tcusteel; Page 8 of 13 (DRA~ - May 28, 1992) d. The member agrees £n Us svsnC of Us payment of any by Chi ~d on b~a~ o~ Chi m~, ~e ~d .ha~ ~ Co ~i i~lnC o~ such pa~mnC Co al~ ~l r~g~l of Cbs W= agrees, on b~alf of i=self, ice officers, employees, and agents Co exe~=l and deliver such inl=~ and pairs as il ce~ir~, do wherever else is reaion~ly n~ella~, Co se~re suc~ rig~= ~e ~d, and =o coopera=e wi~ a~d oChe~ise allis= ~e ~ may ~ neciilaU =o effe~ any cec~e~ sough~ by the ~d pursuant co such s~r~aC~ ·. The member agrees the Board of Trustees, Administrator, and ·ny of chair oCher ·gents, ·errants, employees or attorneys, shall be pe~iCCid aC all r··sonable times and upon reasonable notice Co inspect the property, work places, plante, works, machinery and appliances covered pursuant Co Chis Agreement or any oCher ·greelenC, certificate, document, or oCher instrument executed by the member and chi Fund pursu·nC Co Chis Agreement, ·nd shall be permitted aC all rs&sona~le times while the member participates in the Fund, and up Co and including Cwo (2) years following the Ce~inecion of its eemberehip in the Fund, Co ex·mine Chi members' books, vouchers, contracts, .d~.'~tlenCs and records of any and every kind whic~ ·how or tend Co show or verify ·ny loss Ch·C may be paid or ~ay h·ve been paid by Chi member pursuant Co chis Agreement, or ·ny ocher agreement, certificate, document, or ocher irmCrmlenC executed by and ohs Fund pursuant Co chis AgreilinC, or which show or verify the accuracy of any contribution whicll is paid or payable by member pursuant Co Chi Carls of chis AgreelenC, or ·ny ocher agreement, certification, docmlenC or any ocher instrument executed by chi Prngra~ ·nd C~e e4~ber pursuant Co chis Agre~enC~ f. The me~ber and chi Fund agrees the Fund is Co defend in =he nane of ·nd on ~lf of the Wr any clains, suits or o~lr m~r on acco~ of ~lly iflju~ ll~iliCy, pro~y pro~y dmge li~iliCy, I~O~ ~ OlilliO~ ll~iliCy, civil rights li~ili~, ~rlonal ihJu~ li~iliCy o= any liabili~y, ~neCa~ or ~e~ile, =o ~e e~inC such defense and li~iliCy hal ~en ail~ by ~e ~ p~suanC Co ~il Agree~n= or any o~er agreMnC, cl~ifi~Ce, d~nC, or o~er exe~C~ by ~e ~ a~ ~e Wr pursuant Co ~il Agre~enC, s~je~ Co any and all of ~e difini~io~, =em, co~i=io~ exclulionl conCain~ in said a~iMnCi, c~ifl~Cel~ d~nCs o~er l~C~nCs, al~o~b lu~ clai~, suits, all~aCionl or de~l are w~olly gro~leil, false, fra~ul~C, a~ Co pay all costs =ax~ agai~C ~e W= in ~y su~ l~ll preenings enc~ of JudgMnC In lu~ p~l~i~l, a~ all e~lel in ~e i~el~igaCi~n, n~oCiaCion or def~ll of lu~ clai~, sui=s, all~aCio~ ~= d~. Su~ def~ i~11 ~ s~j~ control of ~e ~ ~ i~ ~iniiCraCo=, w~i~ ~ ~e lu~ investigation a~ seC~l~enC of any such clai~, suit, or o~er legal prairie, moneCa~ or o~e~ile, al ~ey de~ e~ienC~ g. The ~l~ber agrees ~he liability of ~he Fund is specif~cally lim~Ced Co chi discharge o£ the liability of icl members ·esuled pursuant Co chis Agreement or any collar ·greilenC, certificate, doctmenC, or any oCher instrmlinC executed by the melber and Chi Fund pursuant Co Chic AgrlanC~ h. The aether agrees the coverage of Chi Fund d~e noc apply Co punitive or exelplar~ da-agee~ i. Unless the Fund and the ee~bir oChsrviss expressly agree in writing, the ~e.~ber agrees coverage by the Fund for · member under the Carls of chis AgrsMnC or any ocher agreement, cirCific&te, document, or oCher iniC~C ixe~Ced b~ ~l llUtr and ~e ~ pursuant Co ~i. AqrieNnC, s~all e~irl auC~Ci~lly Page 9 of 13 (DRAFT - May 28, 1992) aC nidnighC on ~hs las= day of Sap=ember of each calendar year, and no liability under Chis Agre~usnC, of any o~her pursuan= =o ~is Agree~n=, shall acc~e =o ~e ~nd ~yond such e~ira~ion da~l ~les8 such me~eF renews icl coverage. J. EXCIp~ al o~e~ise pr~id~ herein, ~e. ~d agree lu~ m~r's coverage ~y ~ ~flcel~ me--r, or by ~e n~er Co ~e ~d, sC/ring can=ella=ion shall ~ effe~ive; ~. Tbs een~er agrees excess eoniea remaining after =he pa~enC of claims and claie expenae~, and after provision has been made for CAe payment of o~ cla~ and ou~s~afldinq =e~e~e~, may pa~cXpa~ ~n ~he ~nd Xn sucA~nfler as ~e T~s~s shall 1. The member agrees =here will be no disbursements ouC of CAe reserve fund established by CAe Fund.by way of dividends or disCriAuCions of accuBulaCed resez~es .Co lambers un=il after provision has been made for all obligations against CAe Fund and except aC ~hs discretion of =he Board of Trustees; m. The member agrees Co picnic qualified service providers, including attorneys selecCed by CAe Fund, Co defend, £nvesCigaCe, seC=la, and oChe~vise process and diepoes of all elaine, suits, Fund on behalf of CAs .sober pursuant Co CAAs Agreement, or any executed by CAe Fund or CAe menber pursuant co Chis AgremnC; n. The member agrees Co make prompt payment of conCribuCions and penal=isa as required by CAs Board of Trustees, said =asCribe=ions or penalties Co be deCerninnd by CAe Board of TcusCaes. Any disputes concaFningconCribuCionsorpinalCies shall be resolved ar=er CAe piyusnC of said contributions or pinalCies~ appoint=AsA d Births=raCer of CAe Fund as iCe agent ands=Carney-in- fa=C, Co acC in ica behalf and Co execute all necessary cOn=Fa=Ca, reports, waivers, agreenence, excess insurance con=re=Cs, service con=races, and ocher docusenCe reasonably necessary ~o accolplish CAe purposes end Co fulfill CAe respons~biliCies of CAe Fund; Co make or a~cange for CAepiynsnC of cleans, claAno expenses, and all member's liability under federal or Florida law and insofar as su~l~ ma=Cars are covered pursuant Co CAe Carlo of Clio AgreeBenC, any oCher agreeuenc, csrCificace, document, or oCher ins=Fumes= executed by=As Ben bit and CAs Fund pursuant Co =lisA gte · men=, and CAe~ulesandregulaCions never hereafter promulgaCedbyCAeBoard p. The member agrees Co pay reasonable penal=iai as de=iL-mined by CAe Board of Trustees for lace paylenC of conCr~buCion8 required under Chis AgreeBenC, or any ocher agrseuenC, certificate, document, or ocher insCFuueflC executed by CAe minber end CAs Fund pursuant Co ClIo AgreeBenC; and q. The B ember agrees coverage by CAerufldunderCAe =eros of Chis A~_~nC, or any ocher agreement, certificate, do=omen=, or ocher £nsCrunsnC executed by cae eenber and CAe Fund pursuant Co Chis AgreeBenC, shall expire and be canceled, upon no lees Chart ken (~0) days prior vFiCCen no=ice tree CAe Fund Co CAe eeaber, for nonpalmenC of conC~ibuCions. r. The Imf agrees Co abide by all CAe terms and condiCionl of Chis Agreement, =he Participation AgreelenC, CAe Page 10 of 13 (DRAFT - Nay 28, 1992) sc midnight on ~Ae Iasc day of 5epCes~er of sac~ calendar year, and no lia~iliCy ~der ~8 ~re~MflC, of any o~er agre~en~, d~, oF ~en~ ex~ ~Cveen ~e ~ a~ a ne~r pursuan~ ~o ~Ao ~ree~n~, shall acc~e ~o ~e ~ ~yo~ such e~lraCion dace ~Xess .u~ ~r renevo i~s c~erave. J. ~ce~ as oChe~ise pr~id~ herein, ~e ~r and ~d a~ee su~ ~r's c~erave ~y ~ caflce~ by ~e ~ ~he ~r at ~y Ciae u~n no less ~ fo~y-~ive (4S) days prior ~iCC~ noC~ce ~ ~e ~a~ or ~aCees oF ~e ~inia~raCor Co ~e me~r, oF by ~e ue~r ~o ~e ~, oCaCl~ ~e dace cancellation shall ~ ef~ive; ~. ~e ~r aqrees excess ~nieo rmin~ after ~e pa~eflC of claA~ and claim e~nses, a~ after provision ~ae been sade ~or ~e pa~nC of o~n clai~' and ouCsCandA~ resales, nay pa~lcipe~i~ in ~e ~nd tn such manner as ~Ae Tmstees shall deem ~o be e~itable. ~. ~o M~F aqrees ~ere will ~ no disbursements out ~he resale f~ est~lish~ by ~e ~ by way of dividends or distribu~ions si ac~lat~ rese~es to ue~rs ~til after pr~ision has ~en made tot all o~iqati6ns aqainst ~e ~d and except a~ ~b discretion of ~e ~a~ or ~ncludA~ a~o~eys seXec~ ~y ~e ~, ~o derek, ~.ves~iga~e, se~le, a~ o~e~ioe pr~ess a~ dashes or all clal~, ~ on ~AaXr or ~e ~r pvrsuan~ ~o ~is ~re~nt, oF any o~er agre~n~, ce~A~l~e, d~nt, or o~er ex~ ~ ~e ~ oF ~e ~r pvrsuan~ ~o ~Ao a. ~e u~r aqrees ~o make pro~ pa~n~ or con~ribu~lo~ a~ ~na~es as FI~F~ by ~e h~ o~ T~s~ees, sand con~ribu~iono or ~nal~iea ~o ~ de~e~ln~ by ~e h~ T~s~ees. ~y dAspu~ea conce~A~ con~Fibu~ionm oF ~al~i~ ~ resolv~ after ~e pa~ of se~d con~ribu~iono oF o. ~e ~r, ~ovqA ~e ~ard of T~s~ees, d~a ~eF~y ap~nt ~e ~lnAo~ra~or o~ ~e ~ as ~o agen~ a~ a~o~ey-in- ~ac~, ~o a~ ~n ~a ~aX~ a~ ~o exe~e all flecesse~ con~rac~s, con~ra~o, a~ o~er d~en~ reaoon~ly .~esoa~ ~o ~e pu~oeo a~ ~o ~ulfill ~e res~no~ili~ieo or-~e ~; make or a~a~e rot ~e ~n~ o~ clean, cllAn e~nses, and all o~er uC~e~ F~F~ or n~esaa~ ~nsorar as ~ey a~ ~e utters are ~e~ pu~uanC ~o ~e ~e~ or ~is ~nc, any o~eF agr~n~, ce~i~ica~e, d~n~, oF o~er ~nsC~eflC exe~ ~ ~o M~F i~ ~e ~d pursuan~ ~o ~is ~e~, a~ ~Ae ~leo ~ r~la~io~ n~ oF ~erear~er pronlga~ ~y ~e ~aFd o~ p. ~e ~r aqFeea ~o ~y reason~le ~nal~ies as de~e~ ~ ~e h~ or T~s~ees ~or ~a~e ~ con~r~io~ r~F~ ~der ~ls ~re~fl~, or ~y o~er aqreenent, ce~lri~e, d~en~, or o~er insolent ex~ed ~e ~r ~ ~e ~ pursuan~ ~o ~Ao Aqree~nt; a~ q. ~e ~r aqr~s coveraqe by ~e ~ ~er ~e ~em ~his ~~t, or ~y o~her aqre~n~, ce~A~l~e, d~fl~, or o~her ~s~t ex~t~ by ~e ue~r a~ ~e ~ purouan~ ~o ~Ais Aqre~nt, shell e~ire and ~ cancelS, u~n no lees ~an (X0) days prior ~i~ no~ice fr~ ~e ~ ~o ~e n~r, for monument of con~ribu~io~. r. ~e ~r a~rees ~o aAlde by all ~e ~em and condi~ioas of ~io Aqreemen~, ~e Pa~icipa~ion AqreeMnt, ~e Paqe 10 of 13 (D~ - May 2~, 1992) Fund*s By-Laws, CAe ~ulss and ~egulaCions, and any o~Aer agreement, ce~cificata, doc~uent, or o~er ~ns~ exe~ ~y ~e ~nd and ~Ae m~e~ pu~suan~ ~o ~he Agreeing. ARTTCLE VZI - M~SCELLANEOUS Section 1. ~en~en~s Excep~ as o~e~se pFov~d~ heFe~n, ~s AqFo~en~ ma~ amend~ in ~i~ing a~ any duly ~11~ meeting by ~e con~ence of a majority of ~e ~ard of T~s=e~. However, ~is Agreement may no~ be ~e~ so al Co change i~s pu~oil as sic fo~ in ~is Agre~en=, =o pe~i~ ~l diversion oF appli~Cion of any of funds of ~e ~nd for any pu~ie o~er ~an ~oit specified herein, or =o alCer ~e naCure a~ e~en= of li~ill~y In addition, the provisions herein relating =o consolidation, reelection, len~ of ap~in~en=, ~alifica=ions and l~i=a=ions on se~ice, and ruoval of T~s=ees amend~ wi~ou~ ~e prior approval of ~e h~ of Dire~ors of Florida ~l~e of Cities, Inc. ~e .~ of T~s~ees, upon adoption of an amon~en= =o =h~s Aqre~=, shall se~ any su~ ~n~en~ =o =he me--rs pa~ici~i~ in ~e ~d. Se~ion 2. Te~ina~ion of ~is ~reem~= shall continue in full force ~ effect and be ~d~ and suppl~en~ froB 2~ ~o =i~ s~je~ any =~e by ~e con--anco of a ujori~y of ~o ~a~ of be me~ or conso~da~ wi~ ~e an~s, ~agmn~ o~ra~ions of any o~er au~or~z~ self-insurer oF ~flsurer con~rr~ce of a ~ori~y of ~e ~a~ of T~ees if ~e h~ of T~s=aee finds suoh consolida~ion or me.er is interests of ~e ~d ~d i~s ~ici~inq ~rs, ~e ~ard of T~s~o~ ~indl su~ self-inl~lr or insult hal d~ra~ a fin~cial ca~ili=y =o all~, and will ~ fa~ all~, ~y and all li~ilitie8 in~rr~ by ~e ~ prior to ~e da~e of ~y su~ conmolida~ion or me.er, a~ ~o h~ of T~ee8 ~o prior appr~al of such consolidation or ~er from ~e ~ard of Ditchers of ~e Florida ~a~e of Cities, Inc. In ~e ev~= of =e~ina=ion, oxce~ wi~ res~ 2o a =e~ina~on eff~ ~rough a me.e= oF consolida~ion, rmining aome~ and f~dm of ~e ~d, after all ii.ill.les and clai~ have be~ sa~isfi~, shall ~ dis=r~u=~, in an manner =o ~ deCe~in~ by =he ~a~ of T~oCees, Co me.ers CAen pa~ic~peCing in ~e ~d. Se~on 3. Sl=~ of T~sC ~e situs of ~is Agreement is ~e State of Florida. All ~esCions ~aining Co i~s validity, consC~cC~on, and a~n~s~a~on shall ~ de~e~n~ ~n accedence w~ S~on 4. Cons~lon ~er any words are us~ ~n ~ls AgFteMn~ ~n ~Ae masculine gender, ~y shall ~ cono~ aa ~AougA ~ey were also ~ ~n ~Ae ~nine oF neuter gender ~n all si~ua~ono ~eFe ~ey vould apply, and wheneve~ any wo~ds e~e ~ in ~is ~re~ in sine,ar ~o~, ~ey shall be cons~ as ~oug~ ~ey were also us~ in ~e plural fo~ in all situations v~eFe ~ey would so apply, and w~enever any words are us~ in ~is ~e~n~ in ~e plural fo~, ~ey shall ~e coms=~ as ~ou~A ~ey were CAe similar fo~ in all situations where ~ey would so Page 11 of 13 (DRAFT - Hay 28, 1992) Section 5. ~£sca~ Year The Fund shall operate on a fiscal year from 12:01 a.m., October first Co midnight of =he last day in September of CAe succee~ing year. Application for membership, when approved in v~iting by ~e ~a~ o~ T~aC~ or its de~i~ee, shall constitute a continuing conCra~ ~or ea~ succe~ing ~isca~ ~ear unless cancel~ by ~e ~a~ o~ T~sCeea or ~e ~icipacing me~r in C~e ~er herein provide. Section 6. Agreement of Counterpaz~cs Any proepec~ive meuber who fOrBally applies for membership in the Fund by executing a Participation Agremnt and which is accepted hy ~Ae Board of Trustees shall ~Aereupon become a par~¥ ~o cA. his Agreenent and shall be Mound by all of CAe Ceres and conditions hereo£, and said Participation Agreement shall constitute a counterpart of Chis A~eemenC. Section 7. Liability of Parties The initial pa~iee Co Chis Agreement, and any pa~7 who may now or hereafter become a member of CA& Fund, agree CAst Chis Agreement ia a mutual covenant o~ ass~pCion and nec a pa~nersnip and ~aC ~e EniCial pa~ies Co ~is AgreoenC, ~ndivEdually or colle~ivel~, by exerting ~is Agree~, have nec and do no~ ass~e any li~iliCies arising ouC of ~e operaCions of ~e Pr~rm or ~e cessation of ~ei= business, ~aC ~e initial pa~ies ~o ~is A~eem~, individually oF colle~ively, by ex~Ci~ ~A. AgreuenC, have not a~ do not aaa~ ~y li~lli~iee aFiii~ ouC et ~e cFeaCion oF o~FaCion or ~e ~, colX~Avely, s~ll onXy ~ ladle ~o= ~e obligaCio~ et ~e so ~ se~FaCe a~eMnC. ~e ~ her~ a~a ~o save, hold he.Xes. ~ ~nd~i~y ~e ~fliCiaX ~ie. Co ~s ~MflC, and CheiF ottice~, oploy~., and ag~Cs, o~ ~F~I any loss, dmge oF e~se in~ by said pa~ie, as a =uulC or ~e said pa~Aee' ~Cion et ~is A~emnC. ~As hold ~eil and ind~A~y p~is~on shall not a~ly co any 1A~ll~y for ~e ob~gaCiono o~ ~e ~ as.~ ~ ~e ln~Cia~ ~eo Co ~is AgremnC pursuant Co any se~raCely ex~C~ agFemnC. IN WITNESS WHEREOF, CAe initial parolee Co ChisAgreemenC have caused Chess presence Co be signed and attested by chair duly au~.~orized representatives. City of Pal&~Jca, Florida by: Tim Smi~.h, Mayor A1 BUOA City #abaser Page 12 of 13 (DRAFT - May 28, 1992) Section $. Filcal Year The Fund shall operate on a fiscal year frei 12:01 a.l., October firnC to nidnight o£ the lilt day in Septtub4r aZ the succeeding year. Application for aeaborship, vhen approved in vritlag by the Sc4rd at ?rvateee or ici diitgnee, Ihall constitute a continuing contract for elc~ lucceodiag fiscal year canceled by thl Boa~d of Trulteei or the paz~cicipating leer in the linnet herein provided. Any prolpecCive leiber vhO for~illy applies for seabership in the ~md by executing a Participation &gremnt and vhich is accepted by the Board of ?rultita shill thereupon bacons a patty to Chis Agreeunt and shall be bound by Ill of the tim and conditions hereof, and said Parcic£pation Agreement shill constitute a covnterpa:~ of this Aqreeleflt. Section 7. Liability of PsrCill The initial parties to this Agreelent, and any p4rcy vho lay nov or herea£ter become s seaber of the ~nd, agree Chic this Agreement ii a sutual covenant of assumption and not a partnership and thaC the initial parties to this 'Agreement, individually or collectively, by executing chis Agreelant, have mac and do nsc assu~e any liabilities arising ouC of the operations of the Prograil or the cessation of their business, t~at the initial parciei to thin Agreement, individually or collcivlly, by executing this AgreesenC, have not and do not amsune any liabilities arising ouC of the creation or operation o£ the Fund, and that the £fliCial parties to thin Agreenent, individually or collectively, shill only be liable for the obligations of the l~rogrm or CAe Fund to the ex~eflt they sP4Cifically covenant to do so by separate sgremnt. The Fund hereby agrees to save, hold haruleaa and indennity the initial parties to Chis AgreesenC, and their officers, enployeee, and agents, of and frei any lois, dalage or expense incurred by said parties aa a result or the said parties* execution of this AgreenenC. Thio hold harulesa and indenAfy provision shall nsc apply to any liability for the obligations of the ~und aasuBed by the initial parties to thin Agreement pursuant to any separately executed agreenent. ZN VXTNESS VHZRZOF, the initial parties to this AgreeBent have caused theme presence Co be signed and attested.by their duly authorized representatives. City of Palacka, Florida by: ?~l Siith, Mayor Date: City Nanaqer Date: _ Page 12 of 13 (DPJ~FT - May 28, 1992) City of Florida by: Larz"~ Nicholson, Mayor Date: ATTEST: Max Royla Ci:y Manager Date: City of Sunriae, Florida by: Dan Pearl, Mayor Data: Attaat: Dorol~hy J. Ounn city clerk Data: City ofTreaaura Ialand, Florida by: Pater G. Lo~bardi, City Manager Data: AC:oat: ~mmie Zeltage~ Date: Page 13 of 13 (DRAFT - Nay 28, L992) NOTICE OF CANCELLATION Florida League of Cities, Inc. P.O. Box 1757 Tallahassee, FL 32302-1757 Comtntny Florida Municipal Liability Self Insurers Program (General/Auto Liability) X Florida Municipal Property Self Insurers Program (General/Auto Liability) X Name and Mailing Addre~ of Member Olivia McLean City of Boynton Beach 100 East Boynton Beach Blvd Boynton Beach, FL 33425 FML 318 FMP 26 Cancellation will take ~ at: Date: September 30, 1992 FMLSIP FMPSIP 12.'01 a.m. 12:01 a.m. Consolidation of Florida Municipal Liability Self Insurers Program and Florida 'Municipal Property Self Insurers Program into the Florida Municipal Insurance Trust (FMIT). Ctmceilatitn~- You are hereby notified in accordance with the terms and conditions of the above-mentioned agreement that coverage will cease at the hour and date above. Producer's Signatu~ May 13, 1992 Date of Notice DECLARATIONS FLORIDA MUNICIPAL MABIUTY SELF INSURERS PROGRAM I. DESIGNATED MEMBER: City of Boynton Beach Agreement No. FML 318 Address: P.O. Box 310 II. Boynton Beach, FL 33425-0310 ADDITIONAL DESIGNATED MEMBERS r-] Property Appraiser 1:3 Sum~or [] Sher~f III. COVERAGE PERIOO From October 1. 1991 to 8eMember 30. 199~ 12:00 Midnight Standard Time COVERAGES Effective Date October 1, 1~1~1 Unles~ Stated Below Comprehermve Gener~ UaM~ sedmy injury Property Darnage PMsorml Injury UMrl'~ OF UABIUTY FOR ANY OR ALL COVERAGES OR ENDORSEMENTS $100,000 - Each Person $200,000 - Each Occurrence Estimated Annual Premium Estimated Adjusted Premium $ 257,048 Signature September 23, 1991 Date FML,~P 0m/A ($/91) Ve ENDORSEMENTS (b) ~) (e) (f) (g) (h) (i) (l) (k) (m) (n) (o) (P) (q) (r) (t) (u) (w) (x) (Y) DECLARATIONS (Cont.) Agreement No. FML 318 [iq Completed Operations and Products Hazard ~q Owners and Contractors Protective Llab~lty [] Hoer Uquo~' Law Liability ["] Prernisee Medical Payments $ Each Person / $ [] Fire Legal Uabillty $ 100.000 Each Occurrence [] Errors & ~ Liability [] Medical Attendants'/Medical Directors' Malpractice Liability [] Watercraft Liability [] Personal Injury Fellow Employee Exclusion [] Adv~ ~nlury Uab~y [] Employee Benefits Program Administration Uability [] Broad Form Property Damage [] Leased Automobile Liability r"] Uninsured Motorists Protection $ [] Automobile Medical Payments $ I"1 Perso.~ injury Prot~ (Smutory) E] Uablllty Deductible $ General Uabiity $ [] Specific Excess $ Per Occurrence [] Speclec Excess (Self Re~entk~n Memb~s) $ ~,000,000 0 Aggregate Excess $ Large Member Rating Agreement Total Umit Each Accident Combined Single Umit of Liability Per Person Auto Liability Per Occurrence FMLSIP 00119 (5191) DECLARATIONS FLORIDA MUNICIPAL SELF INSURERS FUND I. MEMBER: C~y of Boynton Beach Agreemetl No. FM 554 Address: 100 East Boynton Beach Boulevard Boynton Beach, FL 33425-0310 II. III. COVERAGE PERIOD From October 1, 1991 to COVERAGES Effective Date October 1. lggl Unless ,Stated Below Seetember 30. 19~2 12:00 Midnight Standard Tirne UMIT~ OF MABIUTY FOR ANY OR ALL COVERAGES OR ENDORSEMENTS [] Workers' Compensation [] Indemnity Agreement Statutcm/ [] Employers Liability $100,000 Each Accidem $100,000 By Ommse $SOO,OOO Aggregate By Disease ,[--1 Deductible Endorsemem [] Large Member Rating Plan Endomernerl [] Specific Excess Endorsement i'"] Aggregate Excess Endorsemem Estimated Annual Premium Estimated Adjusted Premium $ $ 57,315 Signature of Authorized Representative November 5, 1991 Date FM$1F 001 (6/61) SPECIFIC EXCESS WORKERS' COMPENSATION INSURANCE ENDORSEMENT AGREEMENT PROVISIONS I Member City of Boynton Beach Effective Date October 1.19~11 12:01 a.m. Standard Time at the address of the member as stated herein. III Retention Each Occurrence $. 200.000 IV Limit of Indemnity Each Occurrence: (a) for Workers' Compensation (b) for Employers Liability (c) for Workers' Compensation and Employers Uability combined $ Statutgry $ 1.0oo.ooq $ Statut;~y V Classification of ODeratign All Operations Estimated Annual Pavr~! $24,811,582 VI Estimated Annual Premium: (a) Rate: (b) Payment Plan: $57,315 .231 Per FMSIF Schedule FMSIF 008 (8/91) DECLARATIONS FLORIDA MUNICIPAl. PROPERTY SELF INSURERS PROGRAM I. INSURED: City of Bo~mton Beach Policy No. FMP 26 Address: P.O. Box 310 II. III. Boynton Beach~ FL 33425-0310 COVERAGE PERIOD From October 1. 1~ to COVERAGE~ Effective Date October 1. 1991 Unless Stated Below 12:01 A.M. Standard Time r~l Automobile Physical Damage r-] Reld/Pemonal Prop~r~f ["'] Coinsurance Contract: r~ inland Marine r'"i Crime/Bonds The rate charged in this policy is based upon the use of a coinsurance clause attached to this policg, with the consent of the insured. Estimated Annual Premium Estimated Adjusted Premium Signature of Authorized Representative $ 35,861 September 23, 1991 Date FMPSlP 010 (DEC) (7-91) c£t¥ of Soynton Se&ch (l~te 26) Decl&~&t£onm contd. ZNZ3Llfl) N3~ZNB Z~.,O&T~t ~£scell&neous ~qu£pment: Coveraae L~m~2 $116,932. Schedule ¢£~¥ o~ Boyn~on Be&ch (FMP 26) Decl&r&~£ons con~d. ~e v£11 no~ pay for lose or damage £n any one occurrence un, L1 ~he a~oun~ of lo~e or d~ege exceed~ the deduc~£ble eho~n below. We ~ll th~n ~ the ~unt of lo88 or d~ago ~n excise of tho d~u~le, up to ~ho appl~c~lo ~t of ~nlu~&nce. Deduc~ible Amoun~ Inland ~ar£ne Flo&~er 0 - 15,000 $250 15,001 - 50,000 $500 Auto Ph¥o£c&l Damage Per Schedule £n FHL 318 Ccxnprehensive Collision Sp~c£f£ed Per£18 SPot Schedule SPer Schedule $Per Schedule City of Bo~'nton Beech APPUCAI~ON TO FLORIDA MUNICIPAL INSURANCE TRUST ACCOUNT NUMBER: TYPE OF GOVERNMENTAL ENTITY: 100 East BoTnton Beach Bird, BoTT~ton Beach, FL 33123 Hunicipe[lty UST OF OFFICIALS AUTHORIZED TO EXECUTE CONTRACTS: L Name: Trtle: I1. Name: PRIOR INSURANCE COVERAGE CARRIED BY: III. Name: 'l'ltie: N. Name: Title: I (we) formally apply for continuing membership fo~ liability, properly and/o~ automobile phy~cal damage self4nsuranca coverage in the above named Trust, to be effective 12:01 n.m. Octobe= ! ,19 92 a.,ld, if __m3ce__pted by its duly authorized rapretentative, do hereby constitute and appoint the Florida League of CltJtl, Ino. to act u Administraa:x(s) of the Trust as our agant(s)-in-fact in all mattem relating to liability, property and automobile physical damage coverage. (a) (.) I (we) further agree as follow~: Authorized Officer That, by this reference, the terms and provisions of the ~reement and Decimation of Trust creating the Florida Municipal Insura~co Trust, attached hereto aa Exhibit "A", arid/or Amendments thereto filed or which may hereafter be filed me hereby adopted, approved, ratified and confirmed by us; and further, I (we) agree to assume all of the obligations set forth therein, and I (we) will pay any premium the date the tame shall become due and reasonable late penalties and ch&rgas adopted by the Trustees, I (we) will pay all co~ts of the collectloel thereof, including reasonable attorney's fees and the maximum rate of interest allowed by law on any past due premiums; To abide by the rules and regulations of the Trustees of the Trust and to conform to the terms of the agreements that they may enter into in administering the Trust as long as we remain · member of the Trust; That, in the event of any changes in corporate or business structure, o~ In legal entity, or if any locaflona are to be added to or deleted from this coverage, I (we) agree to notify Florida Municipal Insurance Trust immediately;, That should I (we) desire to cancel our coverage, I (we) will give written notice at least 45 day~ prior to cancellation, and that the Trust will give written notice 45 day~ prior to cancellation should they desire to cancel our coverage; That, by this reference, the above named governmental entity consents to and otherwise apl~C~es of the cessation of business of the Florida Municipal Uability Self Insurert Program and the Florida Municipal Property Self Insurem Program, the creation of the Florida Municipal Insurance Trust, and the transfer of said programs' management, operations, =_g_*e_ts and liabilities to said Trust; and We agree to save and hold hmmlese the Trust and the Elo~d of Trustees from any and all damages, causes of action, claims, delinquencies o~ expenses, including reasonable attorney's fees, which would other~sa be incurred by the Trust or the Bored of Truetsea by reason of any default hereunder on our part. WITNESSES TO SIGNATURE CORPORATE SEAL APPROVED A~ TO F. ORM.: Clerk or Secretary Name Date Adclre~ HEREBY APPROVED FOR MEMBERSHIP IN THIS TRUST, AND COVERAGE IS EFFECTIVE THE ,19 SIGNED THIS DAY OF , 19 BY: DAY OF (10/92) Administrator/Trustse Ctty of Boy. ton Beach APPLICATION TO FLORIDA MUNICIPAL INSURANCE TRUST AC, COUNT NUMBER: FNI? 5S Nun[ctpa[~y TYPE OF GOVERNMENTAL ENTrl'Y: East Boynton Beach Bird, Boyn[on Beach. FL 33~25 IST OF OFFICIALS AUTHORIZED TO EXECUTE CONTRACTS: I. Name: III. Name: Title: Title: II. Name: IV. Name: Title: Titie: PRIOR INSURANCE COVERAGE CARRIED BY: I (we) formally apply for continuing membership for liability, property and/or automobile physical damage self-insurance coverage in the above named Trust, to be effective 12:01 a.m. Octobe= 1 , lg 92 and, if accepted by its duly authorized representative, do hereby constitute and appoint the Florida League of Cities, Inc. to act as N:lministrator(s) of the Trust as our agent(s)-in-fact in all matters relating to liability, property and automobile physical damage cover·ge. I (we) further agree as foltows: (a) That, by this reference, the terms and provisions of the Agreement and Declaration of Trust creating the Florida Municipal Insurance Trust, attached hereto as Exhibit 'A', and/or Amendments thereto filed or which may hereafter be filed a~e hereby adopted, apl:~oved, ratified and confirmed by us; and further, I (we) agree to assume all of the obligations set forth therein, and I (we) will pay any premium the date the same shall become due and reasonable late penalties and charges adopted by the Trustees, I (we) will pay all costs of the collection thereof, including reasonable attorney's fees and the m~ximum rate of interest allowed by law on any past due premiums; To ·bide by the rules and regulations of the Trustees of the Trust and to conform to the terms of the agreements that they may enter into in administering the Trust as long u we remain · member of the Trust; (c) (d) (e) That, in the event of any changes in corporate or business sa'ucture, or in legal entity, or if any locations are to be added to or deleted from this coverage, I (we) agree to notify Florida Municipal Insurance Trust immediately;, That. should I (we) desire to cancel our coverage, I (we) will give written notice at least 45 days prior to cancellation, and that the Trust will give written notice 45 days prior to cancellation should they desire to cancel our coverage; That, by this reference, the above named governmental entity consents to and othe~visa approves of the cessation of business of the Florida Municipal Liability Self Insurers Program and the Florida Municipal Properly Self Insurers Pr*ogram, the creation of the Florida Municipal Insurance Trust, and the transfer of said programs' management, operations, assets and liabilities to said Trust; and We agree to save and hold harmless the Trust and the Board of Trustees from any and all damages, causes of action, claims, delinquencies or expenses, including reasonable attorney's fees, which would othecwise be incurred by the Trust or the Board of Trustees by reason of any default hereunder on our part. CORPORATE SEAL WITNESSES TO SIGNATURE Addrw APPROVED AS TO Clerk or Secretary Nan'~ Date Address HEREBY APPROVED FOR MEMBERSHIP IN THIS TRUST, AND C, OVERAGE 1S EFFECTIVE THE , 19 DAY OF SIGNED THIS DAY OF , 19 BY: (10/92) Administrator/Trustee Cl~7 of Boyn~on Beach FLORIDA MUNICIPAL INSUFLANCE TRUST FMIT $5 Municipaiiby ACCOUNT NUMBER: TYPE OF GOVERNMENTAL ENTITY: 100 East BoTn~on Beach Bird, BoTnton Beach, FL 33425 LIST OF OFFICIALS AUTHORIZED TO EXECUTE CONTRACTS: I. Name: 111. Name: Title: Title: II. Name: IV. Name: Title: Title: PRIOR INSURANCE COVERAGE CARRIED BY: I (we) formally apply for continuing membership for liability, property and/or automobile physical damage self-insurance coverage in the above named Trust, to be effective 12:01 a.m. 0ctobe= [ , 19 92 and, if accepted by its duly authorized representative, do hereby constitute and appoint the Florida League of C~ties, Inc. to act as Administrator(s) of the Trust as our agent(s).in-fact in all matters relating to liability, property and automobile physical damage coverage. I (we) further agree as follows: (a} (c) (e) That, by this reference, the terms and provisions of the ~reement and Declaration of Trust creating the Florida Municipal Insurance Trust, attached hereto as Exhibit 'A', and/or Amendments thereto filed or which may hereafter be filed are hereby adopted, approved, ratified ~1 confirmed by us; and further, I (we) agree to assume all of the obligations set forth therein, and I (we) will pay any premium the date the same shall become due and reasonable late penalties and charges adopted by the Trustees, I (we) will pay all costs of the collection thereof, including reasonable attorney's fees and the maximum rate of interest allowed by law on any past due premiums; To abide by the rules and regulations of the Trustees of the Trust and to conform to the terms of the agreements that they may enter into in administering the Trust as long as we remain a member of the Trust; That, in the event of any changes in corporate or business structure, or in legal entity, or if any locations are to be added to or deleted from this coverage, I (we) agree to notify Florida Municipal Insurance Trust immediately; That should I (we) desire to cancel our coverage, I (we) will give written notice at least 45 days prior to cancellation, and that the Trust will give written notice 45 days prior to cancellation should they desire to cancel our coverage; That, by this reference, the above named governmental entity consents to and otherwise approves of the cessation of business of the Florida Municipal Uability Self Insurers Program and the Florida Municipal Property Self Insurers I~rogram, the creation of the Florida Municipal Insurance Trust, and the transfer of said programs' management, operations, assets and liabilities to said Trust; and We agree to save and hold harmless the Trust and the Board of Trustees from any and all damages, causes of action, claims, delinquencies or expenses, including reasonable attorney's fees, which would otherwise be incurred by the Trust or the Board of Trustees by reason of any default hereunder on our part. Name of licant ,. Authorized Officer CORPORATE SEAL WITNESSES TO SIGNATURE Name Address APPROVED AS TO FORM: Olerk or Secretan/ Name Address Date ; HEREBY APPROVED FOR MEMBERSHIP IN THIS TRUST, AND COVERAGE IS EFFECTIVE THE , 19 SIGNED THIS DAY OF BY: (10/92) Administrator/Trustee ,19 DAY OF