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