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HomeMy WebLinkAboutFl. League of Cities, Inc. c c c Florida League of Cities, Inc., Department of Insurance and Financial Services 125 East Colonial Drive, Orlando, FL 32801 Main, 407-425-9142 Toll Free, 1-800-445-6248 Fax, 407-425-9378 www.flcities.comflnsuronce August 18, 2011 RECE!VED AUG 1 8 2011 \.y \~!( Ms. Jane A. Hines City Clerk City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 I t L C~~ of Sun:1}' isles Beach Lit.ct' c~' th-s.' C~t't. Cfi,'rk Re: City of Sunny Isles Beach RFP #11-08-01 Dear Ms. Hines: We appreciate the opportunity to present you with our response to your request for proposals for your Insurance Program. As always, we welcome the opportunity to meet with you at any time to discuss this matter. The Florida League of Cities Insurance Program was established in 1977 to provide an afford- able insurance alternative for the governmental entities of Florida. Over the years the Florida Municipal Insurance Trust has evolved into one of the largest public entities programs in the United States and is recognized for its outstanding service and broad coverage forms. The Trust, governed by a board of elected officials, is a non-assessable, non-profit, tax- exempt risk sharing pool. It has superior financial strength presently highlighted by $417 mil- lion in assets, $225 million in surplus and nearly 600 members. With over 100 insurance pro- fessionals serving the FMIT, we have the resources and the product offering necessary to de- sign a risk management solution to fit the unique coverage issues facing your City. When examining other insurance markets, it will become obvious that our self-insured group concept is a most attractive insurance alternative. To be certain, the FMIT is highly qualified to meet all your risk management needs. Our expertise in the areas of public entity cover- ages, coupled with our outstanding claims, loss control, and a nationally recognized fraud (SIU) department translates to considerable service and savings. Thank you for your time and consideration. We look forward to the chance to meet with you sometime in the near future. Sincerely, ~c/4~ James McGinn, CPCU, RMPE Florida League of Cities South Florida Account Executive 954-610-5153 jmcginn@flcities.com c c c Florida League of Cities, Inc., Department of Insurance and Financial Services 125 East Colonial Drive, Orlando, Fl 32801 Main, 407-425-91 42 Toll Free: 1-800-445-6248 Fox: 407-425-9378 www.flcities.com/insuronce DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES TABLE OF CONTENTS TAB Company Information 1 Qualifications 2 Staffi ng 3 Approach/Methodology 4 Cost of Services 5 References 6 Online Account Management Demo 7 Contract Forms 8 10- ------ - - --- c c c OR ,q 2 q PG lOB q r-.,;, ... IATTACHMENT A . r- l-1 r:'";;~ ;:;:', "'-:;;":": ~~~ -' c-,,_ -<c' . _.~ ""'rl--t___ TH~g~1 -;u ~-l <D en FLORIDA MUNICIPAL INSURANCE TRUST .t:" o =- = AGREEMENT AND DECLARATION OF TRUST CREATING FLORIDA MUNICIPAL INSURANCE TRUST THIS INDENTURE, made and entered into this /111. day of th"t't...~f , ,1992, by and between the City of Palatka, Florida, the-City of st. Augustine Beach, Florida, the city of sunrise, Florida, and the city of Treasure Island, Florida hereafter referred to as the "initial parties to this Agreement", and any other party who may hereafter become a member of the Florida Municipal Insurance Trust, WITNESSETH: WHEREAS, Art. VIII, Sec. 2, Fla. const., in part provides municipalities shall have governmental, corporate and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render municipal services, and may exercise any power for municipal purposes except as otherwise provided by law; and WHEREAS, Sec. 166.021, Fla. Stat., in part provides municipalities shall have governmental, corporate and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render municipal services, and may exercise any power for municipal purposes, except when expressly prohibited by law, and further defines a municipal purpose to mean any activity or power which may be exercised by the state or its political sUbdivisions; and WHEREAS, Sec. 125.01, Fla. stat., in part provides counties, by and through their legislative and governing bodies, shall have the power to carryon county government and may exercise all powers and privileges not specifically prohibited by law; and WHEREAS, Sec. 768.28, Fla. stat., in part provides the state and its agencies and subdivisions are authorized to be self-insured and to enter into risk management programs to provide protection against certain casualty and property claims; and WHEREAS, Sec. 111.072, Fla. Stat., authorizes the state, or any county, municipality or political sUbdivision of the state, to enter into risk management programs ,in anticipation of any judgement or settlement resulting from a civil rights action arising under federal law; and WHEREAS, Sec. 163.01, Fla. Stat., authorizes the state, or any county, municipality or political subdivision of the state, to jointly exercise any power, privilege, or authority which such governmental entities share in common and which each might exercise separately, and further provides such authority is in addition to and not in limitation of those granted by any other general, local, or special law; and WHEREAS, the Florida Municipal Liability Self-Insurers Program, ,and the Florida Municipal Property self-Insurers Program, hereinafter referred to as the "Programs", are independently established pooled self-insurance programs, established under and pursuant to the laws of Florida, to provide certain civil rights liability, casualty, and property coverage to participating units of local government; and WHEREAS, by Resolutions dated the 7th day of May, 1992, and the 15th day of May, 1992, said Programs consented to the creation of a-E9oled multi-lines self-insurance program designed to combine ~- assets, management, and operations of said Programs and to . collectively provide the various coverages historically provided independently to participating units of local government by said Programs; and C ":/dd c). ( 7',..1 -feY r" ..r= a- CO CO \..LI CO ) [D OR I q 2 q PG I 0 q 0 c WHEREAS, said Resolutions found the creation of such a program would result in cost savings to said Programs and to units of local government participating in said Programs and would enhance the competitiveness of said Programs and said Programs' abil i ty to create and provide tailor-made coverages to units of local government participating in said Programs; and WHEREAS, it is the intent of the City of palatka, Florida, the city of st. Augustine Beach, Florida, the city of Sunrise, Florida, and the city of Treasure Island, Florida to create said program and to hereby facilitate the Programs' request to combine the assets, management, and operation of said Programs. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS, PROMISES AND OBLIGATIONS HEREIN CONTAINED, WHICH ARE GIVEN TO AND ACCEPTED BY EACH MEMBER HEREOF AS TO THE OTHER, THE PARTIES HERETO DO HEREBY COVENANT, STIPULATE AND AGREE AS FOLLOWS: ARTICLE I - ESTABLISHMENT AND PURPOSE OF TRUST section 1. Establishment of Trust There is hereby established and created the Florida Municipal Insurance Trust, hereinafter referred to as the "Fund", the operation and administration of which shall be the joint responsibility of a Board of,Trustees. section 2. Purpose of Trust The Fund shall be administered for the following uses and purposes: c a. To payor provide for casualty coverage to participating members; b. To payor provide for property coverage to participating members; c. To pay for or provide to its participating members coverage in anticipation of any judgement or settlement resulting from a civil rights action arising under federal law; d. To pay for or provide to participating members coverage in anticipation of any claims bill passed by the Legislature; e. To pay for or provide to participating members coverage for any other risk authorized under Florida law to be self- insured. f. To pay for or provide to participating members all or a part of such coverages. ARTICLE II - TRUSTEES Section 1. Qualifications of Trustees The operation and administration of the Fund shall be the full responsibility of a Board of Trustees consisting of a number of Trustees selected from the ranks of elected officials of municipalities participating in the Fund. To the extent service on said Board of Trustees is subject to Art. II, Sec. 5, Fla. Const., said service shall be deemed "ex officio duties" to the duties performed by said elected officials. Section 2. Initial Board of Trustees o ~ The initial Board of Trustees shall consist of the combined Boards of Trustees of the Florida Municipal Liability Self-Insurers Program, and the Florida Municipal Property Self-Insurers Program. [] OR I q Z q PG I 0 q I c The initial Board of Trustees shall serve, subject to the provisions herein relating to reelection, length of appointment, qualifications and limitations on service, and removal of a Trustee, until successor Trustees are selected. Section 3. Number of Trustees Except as otherwise provided herein, the Board of Trustees shall be composed of seven (7) Trustees. section 4. Appointment of Trustees On or before January 1, 1994, and no less than annually thereafter, the Board of Trustees shall solicit nominations from municipalities that are members of the Fund and such nominees shall constitute the basis for election to the Board of Trustees. Following the solicitation of nominations, Trustee vacancies shall be filled by the Board of Trustees, by majority vote, from the nominees offered by such members. Trustees, including Trustees sitting on the initial Board of Trustees, may be re-elected, subject to the provisions herein relating to length of appointment, qualifications and limitations on service, and removal of a Trustee. Each Trustee and each successor Trustee shall acknowledge and consent to his appointment as Trustee by giving written notice of acceptance of such selection to the Chairman of the Board of Trustees of the Fund. Section 5. Length of Appointment, Limitations on Service, and Removal 'of a Trustee c Trustees shall serve three-year terms. Subject to re-election as provided herein, each Trustee, unless Que to the resignation, death" incapacity, or refusal to act, shall serve and shall continue to serve on the Board of Trustees; however, in no event shall a Trustee serve more than two (2) full consecutive three-year terms. with respect to the members of the initial Board of Trustees, to the extent time served on the Boards of Trustees of the Programs was subject to the two (2) full consecutive three-year term limitations provided in the Programs' enabling documents, such time served on said Boards of Trustees shall be included and otherwise used to compute the two (2) full consecutive three-year term limitation provided herein. No Trustee may be selected or continue to serve as a Trustee after becoming an owner, officer, employee or agent of a business entity having a contractual relationship or otherwise doing business with the Fund. This paragraph shall not be construed to prohibit an officer or a member of the Board of Directors of the Florida League of Cities, Inc., from serving on the Board of Trustees of the Fund. A Trustee shall relinquish his office or may be removed by a majority vote of the Board of Trustees ipso facto when he no longer serves as an elected official of the member from which he was selected, or when the member ceases to participate in the Fund. Notice of removal of a Trustee shall be furnished to a Trustee by the Chairman of the Board of Trustees in writing and shall provide for the effective date of such removal. Section 6. Resignation of a Trustee A Trustee may resign from all duties or responsibilities hereunder by giving not less than sixty (60) days prior notice in writing to the Chairman of the Board of Trustees. Such notice shall state the date said resignation shall take effect and such resignation shall take effect on such day unless a successor Trustee shall have been selected at an earlier date by the Board of Trustees in which event such ~esignation shall take effect immediately upon the appointment of the successor Trustee. c Any Trustee, upon leaving office, shall forthwith turn over and deliver to the Chairman of the Board of Trustees at the @] OR I q 2 q PG , 0 q 2 c principal office or offices of the Fund, any and all records, books, documents or other property in his possession or under his control which belongs to the Fund. section 7. Appointment of Successor Trustee In the event any Trustee duly appointed to serve on the Board of Trustees shall die, resign, become incapacitated, or refuse to act, a successor Trustee shall be selected forthwith by the Board. The notice of appointment of a successor Trustee shall be provided in writing by the Chairman of the Board of Trustees or the Administrator, and such successor Trustee's notice of acceptance of such appointment shall be provided in writing to the Chairman of the Board addressed to the office or offices of the Fund. A successor Trustee selected pursuant to this paragraph shall fulfill the unexpired term of the Trustee replaced and, subject to re- election, qualifications and limitations on service, and removal of a Trustee as provided herein, shall be entitled to serve two (2) full consecutive three-year terms following the expiration of the unexpired term filled by the successor Trustee. Section 8. Trustees' Rights In case of death, resignation, incapacity, or refusal to act on the part of one or more of the Trustees, the remaining Trustees shall have all the powers, rights, estates, and interest provided in this Agreement as Trustees and shall be charged with the duties provided in this Agreement, provided in such cases, no action may be taken unless it is concurred in by a majority of the remaining Trustees. Section 9. Trustee Officers c The initial Board of Trustees shall meet as promptly as possible after the execution of this Agreement and elect from among the members of the Board a Chairman and Vice-Chairman. The term of these officers shall commence on the date of their election and shall continue to the end of the fiscal year. Thereafter, such officers shall be elected annually. The Vice-Chairman of the Board of Trustees shall exercise the powers, duties and responsibilities of the Chairman in the Chairman'S absence. ARTICLE III - ADMINISTRATION OF FUND Section 1. Meetings The Board of Trustees shall meet at such time and in such location as may be acceptable to a majority of the Board of Trustees. The Chairman of the Board of Trustees or his designee shall set the date, time and location of each meeting, and notice thereof shall be furnished to each Trustee by the Chairman or his designee not less than ten (10) days prior to the date of such meeting. Such notice shall specify. the date, time and location of such meeting and may specify the purpose thereof, and any action proposed to be taken thereat. Such notice shall be directed to each Trustee by mail to the address of such Trustee as is recorded in the office or offices of the Fund. In no event shall the Board of Trustees' meet less than semi-annually. The Chairman of the Board or any three (3) other Trustees may call a special meeting and direct the Administrator to send the prerequisite notice for any special meeting of the Board of Trustees. Special meetings of the Board of Trustees may be held at any time and place without notice, or with less than the prerequisite notice, provided all Trustees execute a waiver of notice and consent to said meeting. c For purposes of a duly called meeting of the Board of Trustees, a quorum shall, exist if a majority of the members of the Board of Trustees are present. @] OR I q 2 q PG I 0 q 3 c The Administrator shall keep minutes of all meetings, proceedings and acts of the Board of Trustees, but such minutes need not be verbatim. Copies of all minutes of the Board of Trustees shall be sent by the Administrator to all Trustees. section 2. voting All actions by, and decisions of, the Board of Trustees shall be by vote of a majority of the Trustees attending a duly called meeting of the Board of Trustees. at which a quorum is present; however, in the event of a duly called special meeting, all actions by, and decisions of, the Board of Trustees may be by vote of a majority of the Trustees present and attending such special meeting if a proper waiver of notice and consent was obtainea as provided herein. section 3. Office of the Fund The Board of Trustees shall establish, maintain and provide adequate funding for an office or offices for the administration of the Fund. The address of such office or offices shall be made known to the units of local government eligible to participate in or participating in the Fund. The books and records pertaining to the Fund and its administration shall be kept and maintained at the office or offices of the Fund. section 4. Execution of Documents A certificate, document; or other instrument signed by the Chairman or the Administrator of the Fund shall be evidence of the action of the Board of Trustees and any such certificate, document, or other instrument so signed shall conclusively be presumed to be authentic. Likewise, all acts and matters stated therein shall conclusively be presumed to be true. c' section 5. Appointment of Administrator The Trustees shall designate and provide compensation for an Administrator to administer the affairs of the Fund. Any Administrator so designated shall furnish the Board of Trustees with a fidelity bond with the Trustees as named obligee. The amount of such bond shall be determined by the Trustees and the evidence thereof shall be available to all units of government eligible to participate in or participating in the Fund. Section 6. Compensation and Reimbursement of Trustees The Board of Trustees may from time to time establish a reasonable amount of compensation to cover attendance at a duly called meeting by the Board of Trustees and the Administrator, or to cover the performance of the normal duties of a Trustee or Administrator. Such compensation shall include reimbursement for reasonable and necessary expenses incurred therewith. ARTICLE IV - POWERS AND DUTIES OF THE BOARD OF TRUSTEES Section 1. Authority of the Board of Trustees The Board of Trustees shall be charged with the duty of the general supervision and operation of the Fund, and shall conduct the business and activities of the Fund in accordance with this Agreement, its by-laws, rules and regulations and applicable federal and state statutes and rules and regulations. In connection therewith, the Board of Trustees may exercise the fOllowing authority and powers: a. To collect monies from participating members in an amount individually agreed to by the Fund and said members for the purpose of paying for or providing the coverages provided in this Agreement to participating members. c [] c 0 h. ., i. j. k. l. m. c OfnQZQPGloqq b. To pay for or provide such excess insurance or reinsurance coverage as is necessary to accomplish the purpose of the Fund. c. To borrow funds, issue bonds and other certificates of indebtedness, and arrange for lines or letters of credit to assist in providing the coverages provided in this Agreement to participating members. d. To pay for or provide appropriate liability and other types of insurance to cover the acts of the Board of Trustees of the Fund. e. To contract with appropriate professional service providers to meet the purposes of the Fund, and to expend funds for the reasonable operating and administrative expenses of the Fund, including but not limited to, all reasonable and necessary expenses which may be incurred in connection with the establishment of the Fund, in connection with the employment of such administrative, legal, accounting, and other expert or clerical assistance to the Fund, and in connection with the leasing and purchase of such premises, material, supplies and equipment as the Board, in its discretion, may deem necessary for or appropriate to the performance of its duties, or the duties of the Administrator or the other agents or employees of the Fund. f. To pay claims the Fund becomes legally obliged to pay pursuant to the coverage agreements entered into by and between the Fund and participating members. g. To establ ish and accumulate as part of the Fund adequate reserves to carry out the purposes of the Fund. To pay premiums on, and to otherwise secure 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. To assume the assets and liabilities of the Programs. To take such actions and expend such funds as are reasonably necessary to facilitate the cessation of the business of the Programs. To exercise such powers as .are authorized to be exercised by trustees under and pursuant to the laws of Florida. To take such other actions and expend such funds as are reasonably necessary to accomplish the purposes of the Fund. Section 2. Approval of Members The Board of Trustees, after the inception of the Fund, shall receive applications for membership from prospective new participants in the Fund and shall approve applications for membership in accordance with the terms of this Agreement, any participation Agreement, applicable federal and state statutes and rules and regulations, and the rules and regUlations established by the Board of Trustees for the admission of new members into the Fund; provided, however, no prospective member may participate in the Fund unless such perspective member is an agency or political SUbdivision in or of the state. As used herein, the phrase "agency or political subdivision in or of the state" includes, but is not limited to, the state, its agencies, counties, municipalities, special districts, school districts, and other governmental entities; the. independent establishments and constitutional officers of the state, counties, municipalities, school districts, special districts, and other governmental entities; and corporations primarily acting as instrumentalities or agencies of [] OR I q 2 q PG I 0 q 5 c the state, counties, municipal i ties, school districts, special districts Dr other governmental entities. The Board of Trustees shall be the sole judge of whether or not an applicant for membership shall be eligible to participate in the Fund. Section 3. Reporting The Board of Trustees shall be responsible for and shall cause to be prepared and filed such annual or other periodic aU'di ts, reports and disclosures as may be required from time to time pursuant to applicable federal and state statutes and rules and regulations, including, but not limited to, periodic payroll audits', periodic summary loss reports, periodic statements of financial condition, certified audits, appropriate' applications filed by prospective new members, reports as to financial standings, payroll records, reports relating to coverage, experience, loss and comp~nsation payments, summary loss data statements, periodic status reports, and any other such reports as may be required from time to time to accomplish the purpose of the Fund or to satisfy the requirements of appropriate governmental agencies. . section 4. Trustees' Liabilities The Trustees and their agents and employees shall not be liable for any act of omission or commission taken pursuant to this Agreement unless such act constitutes a willful breach of fiduciary duties nor shall any Trustee be liable for any act of omission or commission by any other Trustee or by any employee or agent of the Fund. The Fund hereby agrees to save, hold harmless and indemnify the Trustees and their agents and employees for any loss, damage or expense incurred by said persons or entities while acting in their official capacity unless such action constitutes a willful breach of fiduciary duties. c Section 5. Reliance on Counsel's opinion The Board of Trustees may employ and consult with legal counsel concerning any questions which may arise with reference -to the duties and powers of the Board of Trustees or with reference to any other matter pertaining to this Agreement or the Trust created thereby; and the opinion of such counsel shall be full and complete authorization and protection from liability arising out of or in respect to any action taken or suffered by the Board of Trustees or an individual Trustee acting hereunder in good faith and in accordance with the opinion of such counsel. Section 6. By-laws, Rules and Regulations The Board of Trustees may adopt and enforce such by-laws, rules and regulations as between the members of the Fund and the Fund governing the operation of the Fund as are consistent with the terms of this Agreement and as are reasonably necessary to accomplish the purposes of the Fund. ARTICLE V - POWERS AND DUTIES OF THE ADMINISTRATOR Section 1. Responsibilities The Administrator shall serve as Secretary-Treasurer of the Fund and shall have the power and authority to, implement the directives of the Board of Trustees and the policy matters set forth by the Board of Trustees as they relate to the on-going operation and supervision of the Fund, the by-laws, rules and regulations established by the Board of Trustees, the provisions of this Agreement, and applicable federal and state statutes and rules and regulations. Section 2. Contributions c The Administrator shall deposit to the account or accounts [] OR- I q 2 q PG' I 0 q b c designated by the Board of Trustees, at the financial institution or institutions designated by the Board of Trustees, all contributions as and when collected from the members and said monies shall be disbursed only in the manner provided by this Agreement, the rules, regulations and by-laws of the Board of Trustees, and the Agreement entered into by and between the Board of Trustees and the Administrator. ARTICLE VI - FUND MEMBERSHIP section 1. Membership Cancellation, Suspension or Expulsion The Trustees shall be the sole judge of whether membership in the Fund may be canceled, or whether a member may be suspended or expelled from the Fund. Written notice of any such cancellation, suspension or expulsion shall be provided by the Fund to the member no less than forty-five (45) days prior to the effective date of such cancellation, suspension or expulsion, and no liability under this Agreement or any other agreement, certificate, document, or other instrument executed by the Fund and the member pursuant to this Agreement, shall accrue to the Fund following the effective date of such cancellation, suspension or expulsion. The minimal notice provisions of this paragraph shall not apply in the event a member fails to make the requisite contributions for coverages under this Agreement when such contributions are due. Section 2. Responsibilities of Member .) Each member of the Fund agrees to abide by the following rules and regulations: ~ a. 'rile member agrees to maintain a reasonable loss prevention program in order to provide the maximum in safety and lawful practices as such may relate to the potential liability assumed by the Fund under this Agreement or any other agreement, certificate, document, or other instrument executed by the Fund and the member pursuant to this Agreement; b. In the event of an incident likely to give to rise to a claim within the scope of this Agreement, or any other agreement, certificate, document, or other instrument executed by the Fund and the member pursuant to this Agreement, the member agrees to provide immediate notification of such incident to the Fund; c. The member agrees to promptly make all contributions for coverages arising under this Agreement, or any other agreement, certificate, document, or other instrument executed by the Fund and the member pursuant to this Agreement at the time and in the manner directed by the Board of Trustees. Said contributions may be reduced by any discount, participation credit, or other contribution reduction program established by the Board of Trustees; d. The member agrees in the event of the payment of any loss by the Fund on behalf of the member, the Fund shall be subrogated to the extent of such payment to all the rights of the member against any party or other entity legally responsible for damages resulting from said loss, and in such event, the member hereby agrees, on behalf of itself, its officers, employees, and agents to execute and deliver such instruments and papers as is required, and do whatever else is reasonably necessary, to secure such right to the Fund, and to cooperate with and otherwise assist the Fund as may be necessary to effect any recovery sought by the Fund pursuant to such subrogated rights; c e. The member agrees the Board of Trustees, its Administrator, and any of their other agents, servants, employees or attorneys, shall be permitted at all reasonable times and upon reasonable notice to inspect the property, work places, plants, works, machinery and appliances covered pursuant to this Agreement or any other agreement, certificate, document, or other instrument [] OR I q 2 q PG I 0 q 1 c c executed by the member and the Fund pursuant to this Agreement, and shall be permitted at all reasonable times while the member participates in the Fund, and up to and including two (2) years following the termination of its membership in the Fund, to examine the members' books, vouchers, contracts, documents and records of any and every kind which show or tend to show or verify any loss that may be paid or may have been paid by the Fund on behalf of the member pursuant to this Agreement, or any other agreement, certificate, document, or other instrument executed by the member and the Fund pursuant to this Agreement, or which show or verify the accuracy of any contribution which is paid or payable by the member pursuant to the terms of this Agreement, or any other agreement, certification, document or any other instrument executed by the Program and the member pursuant to this Agreement; f. The member and the Fund agrees the Fund is to defend in the name of and on behalf of the member any claims, suits or other legal proceedings which may at any time be instituted against the member on account of bodily injury liability, property damage, property damage liability, errors and omissions liability, civil rights liability, personal injury liability or any other such liability, monetary or otherwise, to the extent such defense and liability has been assumed by the Fund pursuant to this Agreement or any other agreement, certificate, document, or other instrument executed by the Fund and the member pursuant to this Agreement, subject to any and all of the definitions, terms, conditions and exclusions contained in said agreements, certificates, documents or other instruments, although such claims, suits, allegations or demands are wholly groundles~, false, fraudulent, and to pay all costs taxed against the member in any such legal proceedings defended by the Fund or the members, all interest, if any, legally accruing before and after entry of judgement in such proceedings, and all expenses incurred in the investigation, negotiation or defense of such claims, suits, allegations or demands. Such defense shall be subj ect to the control of the Fund and its Administrator, which may make such investigation and settlement of any such claim, suit, or other legal proceeding, monetary or otherwise, as they deem expedient; g. The member agrees the liability of the Fund is specifically limited to the discharge of the liability of its members assumed pursuant to this Agreement or any other agreement, certificate, document, or any other instrument executed by the member and the Fund pursuant to this Agreement; h. The member agrees the coverage of the Fund does not apply to punitive or exemplary damages; i. Unless the Fund and the member otherwise expressly agree in writing, the member agrees coverage by the Fund for a member under the terms of this Agreement or any other agreement, certificate, document, or other instrument executed by the member and the Fund pursuant to this Agreement, shall expire automatically at midnight on the last day of September of each calendar year, and no liability under this Agreement, of any other agreement, document, or instrument executed between the Fund and a member pursuant to this Agreement, shall accrue to the Fund beyond such expiration date unless such member renews its coverage. j. Except as otherwise provided herein, the member and the Fund agree such member's coverage may be canceled by the Fund or the member at any time upon no less than,forty-five (45) days prior written notice by the Board of Trustees or the Administrator to the member, or by the member to the Fund, stating the date such cancellation shall be effective; c k. The member agrees excess monies remaining after the payment of claims and claim expenses, and after provision has been made for the payment of open claims and outstanding reserves, may be distributed by the Board of Trustees to the members participating in the Fund in such manner as the Trustees shall deem to be equitable. [[] OR I q 2 q PG I 0 q 8 c I. The member agrees there will be no disbursements out of the reserve fund established by the Fund by way of dividends or distributions of accumulated reserves to members until after provision has been made for all obligations against the Fund and except at the discretion of the Board of Trustees; m. The member agrees to permit qualified service providers, including attorneys selected by the Fund, to defend, investigate, settle, and otherwise process and dispose of all claims, suits, allegations or demands that may result in liability assumed by the Fund on behalf of the member pursuant to this Agreement, or any other agreement, certificate, document, or other instrument executed by the Fund or the member pursuant to this Agreement; n. The member agrees to make prompt payment of all contributions and penalties as required by the Board of Trustees, said contributions or penalties to be determined by the Board of Trustees. Any disputes concerning contributions or penal ties shall be resolved after the payment of said contributions or penalties; o. The member, through the Board of Trustees, does hereby appoint the Administrator of the Fund as its agent and attorney-in- fact, to act in its behalf and to execute all necessary contracts, reports, waivers, agreements, excess insurance contracts, service contracts, and other documents reasonably necessary to accomplish the purposes and to fulfill the responsibilities of the Fund; to make or arrange for the payment of claims, claims expenses, and all other matters required or necessary insofar as they affect the member's liability under federal or Florida law and insofar as such matters are covered pursuant to the terms of this Agreement, any other agreement, certificate, document, or other instrument executed by the member and the Fund pursuant to this Agreement, and the rules and regulations now or hereafter promulgated by the Board of Trustees; c p. The member agrees to pay reasonable penalties as determined by the Board of Trustees for late payment of contributions required under this Agreement, or any other agreement, certificate, document, or other instrument executed by the member and the Fund pursuant to this Agreement; and q. The member agrees coverage by the Fund under the terms of this Agreement, or any other agreement, certificate, document, or other instrument executed by the member and the Fund pursuant to this Agreement, shall expire and be canceled, upon no less than ten (10) days prior written notice from the" Fund to the member, for nonpayment of contributions. r. The member agrees to abide by all the terms and conditions of this Agreement, the Participation Agreement, the Fund I s By-Laws, the rules and regulations, the terms of any coverage document issued by the Fund to the member, and any other agreement, certificate, document, or other instrument executed by the Fund and the member pursuant to the Agreement. ARTICLE VII - MISCELLANEOUS Section~. Amendments c Except as otherwise provided herein, this Agreement may be amended in writing at any duly called meeting by the concurrence of a majority of the Board of Trustees. However, this Agreement may not be amended so as to change its purpose as set forth in this Agreement, to permit the diversion or application of any of the funds of the Fund for any purpose other than those specified herein, or to alter the nature and extent of liability assumed by the initial parties to this Agreement in executing this Agreement. In addition, the provisions herein relating to merger or consolidation, reelection, length of appointment, qualifications and limitations on service, and removal-of Trustees may not be amended without the prior approval of the Board of Directors of the [Q] OR I q 2 q PG I 0 q q c Florida League of cities, Inc. The Board of Trustees, upon adoption of an amendment to this Agreement, shall send a copy of any such amendment to the members participating in the Fund. Section 2. Termination of Agreement This Agreement shall continue in full force and effect and may be amended and supplemented from time to time subject to the restrictions provided herein. This Agreement may be terminat~d at any time by the concurrence of a majority of the Board of Trustees. In addition, the assets, management and operations of this Fund may be merged or consolidated with the assets, management and operations of any other authorized self-insurer or insurer by the concurrence of a majority of the Board of Trustees ,if'. the Board of . Trustees finds such consolidation or merger is in the best interests of the Fund and its participating members, the Board of Trustees finds such self-insurer or insurer has demonstrated a financial capability to assume, and will in fact assume, any and all liabilities incurred by the Fund prior to the date of any such consolid~tion or merger, and the Board of Trustees has secured the prior approval of such consolidation or merger from the Board of Directors of the Florida League of cities, Inc. In the event of termination, except with respect to a termination effected through a merger or consolidation, the remaining assets and funds of the Fund, after all liabilities and claims have been satisfied, shall be distributed, in an equitable manner to be determined by the Board of Trustees, to members then participating in the Fund. Section 3. Situs of Trust (' W The situs of this questions pertaining administration shall be the State of Florida. Agreement is the State of Florida. All to its validity, construction, and determined in accordance with the laws of Secti'on 4. Construction Whenever any words are used in this Agreement in the masculine gender, they shall be construed as though they were also used in the feminine or neuter gender in all situations where they would so apply, and whenever any words are used in this Agreement in the singular form, they shall be construed as though they were also used in the plural form in all situations where they would so apply, and whenever any words are used in this Agreement in the plural form, they shall be construed as though they were used in the singular form in all situations where they would so apply. Section 5. Fiscal Year The Fund shall operate on a fiscal year from 12: 01 a. m. , October first to midnight of the last day in September of the succeeding year. Application for membership, when approved in writing by the Board of Trustees or its designee, shall constitute a continuing contract for each succeeding fiscal year unless canceled by the Board of Trustees or the participating member in the manner herein provided. Section 6. Agreement of Counterparts Any prospective member who formally applies for membership in the Fund by executing a Participation Agreement and which is accepted by the Board of Trustees shall thereupon become a party to this Agreement and shall be bound by all of the terms and conditions hereof, and said Participation Agreement shall constitute a counterpart of this Agreement. Section 7. Liability of Parties c The initial parties to this Agreement, and any party who may now or hereafter become a member of the Fund, agree that this [ill OR I q 2 q PG I I 0 0 c Agreement is a mutual covenant of assumption and not a partnership and that the initial parties to this Agreement, individually or collectively, by executing this Agreement, have not and do not assume any liabilities arising out of the operations of the Programs or the cessation of their business, that the initial parties to this Agreement, individually or collectively, by executing this Agreement, have not and do not assume any liabilities arising out of the creation or operation of the Fund, and that the initial parties to this Agreement, individually or collectively, shall only be liable for the obligations of the Programs or the Fund to the extent they specifically covenant to do so'by separate agreement. The Fund hereby agrees to save, hold harmless and indemnify the initial parties to this Agreement, and their officers, employees, and agents, of and from any 'loss, damage or expense incurred by said parties as a result of the said parties I execution of this Agreement. This hold harmless and indemnify provision shall not apply to any liability for the obligations of the Fund assumed by the initial parties to this Agreement pursuant to any separately executed agreement. IN WITNESS WHEREOF, the initial parties to this Agreement have caused these presents to be signed and attested by their duly authorized representatives. /~ -? A~ City of Palatka, Florida by: Tim smith, Mayor Date: o .., " \\ 'j Ii ,1' '. . :,', . ATTEST,:..'.. "::'. C'~"":, ..," 'I "'.\--. ~~~L"K-JL AllenR. Bush city Manager Date: . '611~\q~ city of st Beach, Florida by: Larry Nicholson, Mayor Date: A~A- ,N&"-X,. Royle .'9ity. M~riager .: ..',.nate: ..~\".~-\. \l.:>,\~'~'::l.. .. ...... "/::.-:. = c [ill c Attest: <::" ,/ ~ P ..l.-....- . " ~~.~;.. : : ~.~{H~\ c ;( TIlis instrument prepared by: Harry Morrison, Jr, Florida League of Cities, Ine, Post Office Box 1757 Tallahassee, Florida 32302 c o~ " q ZqPG I I 0'1 Q~ city of sunrise, Florida by: Dan Pearl, Mayor Date: C:2.<.c:~=r-<::~ r'F'F~ [TI] c ..' Q c - IATTACHMENT B I A~@ CERTIFICATE OF LIABILITY INSURANCE I ;;~~~M~D;~YY' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER. AND THE CERTIFICATE HOLDER. IMPORTANT: It the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s), PRODUCER Demont Insurance Agency & Financial Services 2400 Mahan Drive CONT~CT Kristina O'Donnell -r2.g:~~~~:;;;.:I~~::o.--i.-9.4~2..~j_~~~~,-~,~.-~__:~~:~:~~-:]J~~,-~~;;.(~~~;~--4.2~!.ii~.. . .:.~-.:....- - ~D~~~SS: todonnell@demontinsurance. com,___, _.~]g~g~~~I~.~p~~Xo~L:_:.~~~~::==:=-~~_=~.::-=-:=::~:-,..~=.::~_:-.:-_--.:.:..:_::':.. _ _".. H_._ __H_____ _ ..H__H___tf.'!J;y.~I:~JSL~"E.~R~I~ cO~B..~~,L_...__H____...__. .",., __!'l.I\~C:..~ _H___ J!i~URER A_~~~_!_~!l~!E~__.~~~~~~.;. re__.,__.._____,__ :g?I~,N____ ~suj{E~..!!.Ea tJ.o~~i d~__~~~_~).__;J:E.!:!:!:l.F_a_1}9_~______,_ ?.;UJ!l1.'L___. . .J~~!!B!'R C :Landmark ~~.J._9il_I!_ Inl!_1;!.;:?~c:::~.._.______ ____..........,_.. ).!!~.!lB..~R.!>-'-_,.__._,..,'_........_.__...______.___.____.___.,...________.__.__.___._ ________..., _t.ClJl~!!~.~_!!. e e ______H___'. _ ..,...E~_.},~~_Qj!.________________ INSURED Florida League of Cities, Inc 301 S Bronough Street Tallahassee COVERAGES J!:!.~_!l.!lgf!..!;:.l..____._______.___._______.,,_._,__._._______._.,_.___._____.~__ _...__.__,._,_,. INSURER F : FL 32301 CERTIFICATE NUMBER'CL1l21000921 REVISION NUMBER' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. iiisR -------..---------- Alibi SmrR~~--------.-------- -POiTcVEFf- --pom:y Exfi- .---.-,..-..----.-------.--.- ......~..-..-._._._..._.. .......-. ...... L TR TYPE OF INSURANCE INS'; ~;;';D POLICY NUMBER IIMMIDDIYYVY' I IMMlDDlYYvYl LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 --- -15AMAGr't6"fU:Nl~ti--.-'-.. ,._...._...___..___.___.._..'..A_.....,..~_ X COMMERCIAL GENERAL LIABILITY _.eR~J~L~J;.~jr;~.'!?~y'[!!'Q.~I_. ,.L___.,___~_~~!.-~.~2 .--- ~:] CLAIMS.MADE [iJ OCCUR A 7PR467721-3004 , 1/27/2011 1/27/2012 _~~i:J..~,?'f.'.<,,~lL~.~.~_P""~s_~_..... ~...._--- .", ?~,2.,O..Q "__n__ ~".~-~--'.'.~~~_..__._----- -- PER:>..~t:I!,-_L,~ f'!),\I_I,~_~l!~~Y___ $ __~""",n~..____.._ ._--'. . '--". !---, ~...A___.__._...__.._._._.._._._._.____.._._____.~_m__.. GENERAL AGGREGATE S 2,000,000 ~-'---'''-'~-_..__.__.-._.._..- -..--------.--.-...-...---.--..-.... -'if AGG~r~~r LIMIT ArE~!lS PER: ..E..R9J~Y.0_~_:~.9J~~!.QP...~~Q_ _L____ ._..-..~_._.._---_._. X POLICY lJr& lOC S AUTOMOelLE LIABILITY COMBINED SINGLE LIMIT $ 500,000 --I (Ea accident) .__ ANY AUTO _.~---_._._.--...-.... . .~."'_._..._--- -.-.- --_......~.. ,... ._.____.____n_...__.._ BODILY INJURY (par pen;on) S B ALL OWNED AUTOS 7BA467721-3003 ! /27/2011 1/27/2012 -.--..-.,---,---.-..---..--- -'....,j-..---.----'--'--...."--.. ..-..-. I.~ SCHEDUl.EOAUTOS BODILY INJURY (Po, .celdonl)' $ j ;;ROPERTY.DAMAG-li"- ..'--I.~"" .... ...-...... i I.~,. HIRED AUTOS ! (por aCCident) 1 ...-.-....-.".-.---...-.. . ........ .--- ..-- ._h_'_,._.. ..__~ " ._ ._.. _...._ "'P' X NON.OWNED AUTOS PIP-BaSIC S 10,000 -.-- ._-_...__._-....--..~.......- .m..._ ...-.-... n'_ - ......_,.._._...~....._......_.... Medical payments S 3,000 X UMBRELLA L1AB .J--J OCCUR .E':.~!~.,~~~~I3~_<;~.___._,..___ L.____?L~,2.~!..~!?~ EXCESS LIAB CLAIMS-MADE AGGREGATE ..~,_._,2!~_~_~~.~,2,~ _,_..____..~....___m......_. __ ______ -----.......- .......--.-....------- --- DEDUCTIBLE ----.-."-...----..--------.----- J__________..__. B RETENTION S 77CU467721-3002 /27/2011 /27/2012 S WORKERS COMPENSATION J WC STATUsL_l~TH- AND EMPLOYERS' LIABILITY YIN __ _lORUIMIIS jiB:: ..--.-------..---,-" ANY PROPRIETORIPARTNER/EXECUTIVE 0 -.5.:!:c EAC!i_~<:'CIDE NI..___.__ ,L__ OFFICERlMEMBER EXCLUDED? N/A '__"...n. (Mandatory In NH) E.L. DISEA~!...:_~~.f.~!J..9y.~ .J_._.___._._______._..__ ~~~~~P'fr~ CWt;PEIlATlONS below E.L. DISEASE - POLICY LIMIT S C Professional Liability HR728277 11/29/2010 11/29/2011 Each Claim 5,000,000 Aggregate Limit 5,000,000 DESCRIPTION OF OPERA TIDNS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Romarks Schedule, if "lOfQ space Is roquirod) CERTIFICA TE HOLDER CANCELLA nON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRA nON DATE THEREOF, NOTICE Will BE DELIVERED IN For Insurance Purposes Only ACCORDANCE WITH THE POLICY PROVISIONS. _"_"'__H' - AUTHORIZED REPRESENTATIVE M Demont, CIC/KRISTI .. - ~:.;.>~~~.t:...c.~ ..;..';'~ .tc':':.~..ii:.:.....~_.....",......-.~-- --. ACORD 25 (2009/09) INS025 (200909) @1988-2009ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD c c c Florida League of Cities, Inc., Department of Insurance and Financial Services 125 East Colonial Drive, Orlando, Fl 32801 Main: 407-425-91 42 Toll Free, 1-800-445-6248 Fax, 407-425-9378 www.ffcities.com/i nsura nee HISTORY & STRENGTH OF THE FLORIDA MUNICIPAL INSURANCE TRUST The Florida League of Cities* (FLC), headquartered in Tallahassee, is the administrator of The Florida Municipal Insurance Trust (FMIT) and is the state association for cities, towns and villages of Florida and was created to meet and serve the needs of municipal governments. The League's purpose is to focus on those legislative issues most likely to affect daily municipal governance and local decision making. The Municipal Home Rule Powers Act and the Florida Con- stitution provide that cities in Florida have the authority to govern themselves locally, independent of state control. Preserving Home Rule, educating citizens on this valuable right, and maintaining a focus on those issues that directly affect self-governance, service delivery and the quality of life of each municipal- ity are essential goals of the Florida League of Cities. The League established its first insurance program in 1977 to provide Workers' Compensation cov- erage and services to governmental entities. Early success of the Workers' Compensation program soon led to the establishment of trusts for the Liability, Property and Health lines of coverage. This firmly established the League as the recognized leader of such services in the state of Florida. In 1987, the FLC opened its Public Risk Services office to administer the programs in-house. Subse- quently, the insurance programs were consolidated under the name the Florida Municipal Insur- ance Trust (FMIT). The FMIT, governed by elected officials, is a non-assessable, non-profit, tax-exempt risk sharing pool. The Trust currently provides insurance services for nearly 600 public entities in Florida, of which 250+ are municipalities. The Trust maintains superior financial stability, presently high- lighted by $417 million in assets and $225 million in surplus. We currently insure over $7.5 billion in total insured values. The League administers every facet of the FMIT's operations from claims handling to rate development; and as such, has produced unparalleled claims paying ability and equity returns for its membership. 2 ~ Florida League of Cities, Inc., Department of Insurance and Financial Services 125 East Colonial Drive, Orlando, FL 32801 Main, 407-425-9142 Toll Free, 1-800-445-6248 Fox, 407-425-9378 www.f1cities.comJlnsuronce DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES c c Advantages Offered by the FMIT Insurance Program The insurance program offered through the Florida League of Cities and the Florida Municipal Insurance Trust offers several significant advantages in both coverage and services from your present insurance program. Advantages include: · The Named Storm deductible applies to each scheduled item, rather than the total values at each location (address). This represents a significant reduction in financial exposure to the City after a named storm (See pages 5-8 for an ex- ample). · The FMIT offers a level of financial security that exceeds a 1 in 250 year storm event, a level recommended by Standard & Poors. The Trust currently has total assets in excess of $440 million and Surplus of $225 million, offering an unmatched level of financial security by other municipal pools. · Return of Premium - FMIT for the past 4 years has issued return of premium checks to our property insurance customers in the aggregate amount of $36,000,000. The current year's return of premium represents 23% of the initial property premium. · The FMIT program offers property coverage for Terrorism in the amount of $5,000,000 - your present program excludes this valuable coverage entirely. · The Liability and Automobile coverages with FMIT DO NOT place an Aggre- gate limitation of coverage on the City. Other programs limit their maximum exposure by placing a limit on your amount of coverage. This could leave the City without coverage and the carrier no longer would have a Duty to Defend a suit. · Defense costs within the Public Officials Coverages and the Employment Prac- tices Coverages are NOT within the limits of liability with FMlT. Most other programs have the defense costs within the limits of coverage - these are ex- pensive suits to defend and those defense costs would reduce your limits avail- able to settle the suit. · No Fault Sewer Backup Coverage - The FMIT will cover up to an annual ag- gregate of $1 00,000. 3 4GUE 01 ,,~ V~ ~.,. '" ~ ~ ..,. :_~-. ~~ = . '.--r- !al1I .~ '" nil! DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES . Ethics Defense - The FMIT will cover 75% ofthe defense costs (up to $25,000 per occurrence or $100,000 annual aggregate) for an ethics complaint against a Public Officer. c c c Florida League of Cities, Inc., Department of Insurance and Financial Services 125 East Colonial Drive, Orlando, FL 32801 Main, 407-425-9142 Toll Free, 1-800-445-6248 Fax, 407-425-9378 www.f1cities.com/lnsu ranee . Arson Reward - The FMIT will offer a $5,000 reward to assist the City in the arrest and conviction for an arson incident to covered property. . Asset Tracking Software - This proprietary software allows a City to properly list and prioritize your assets prior to a loss. You manage your assets online and track your assets more efficiently - this data is linked directly with FMIT and is updated monthly. · TurnKey recovery program - Allows the City to pre-certify local vendors and have them paid directly by the FMIT. This program will speed the recovery process and improve cash flow for the City. · Safety Grants - Your City will be eligible for up to $5,000 per year in match- ing Safety grants from the FMIT. We invest in your safety. · Safety Services - FMIT offers both online safety training as well as 6 dedi- cated staff loss control specialists to assist the City. · HR Helpline - Full online suite of HR support coupled with live support from a Florida based HR legal team at no cost to our insureds. 4 .....GUE 01 ,,~~C'/~ ~--~ ~ -cs. Qr '-a-=- =--=a__ C~.:a~;i ..- DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES Florida League of Cities, Inc., Department of Insurance and Financial Services 125 East Colonial Drive, Orlando, FL 32801 Main, 407-425-9142 Toll Free: 1-800-445-6248 Fax, 407-425-9378 www.f1cities.com/lnsurance ITEMIZED LOCATION EXAMPLE ITEM VALUES 1 Parking Garage - 19200 Collins Avenue $7,500,000 2 Playground - 19200 Collins Avenue $267,000 3 Pavilion - 19200 Collins Avenue $75,000 4 Interactive Water Feature - 19200 Collins Avenue $175,000 TOTAL VALUES AT LOCATION $8,017,000 5 c c Florida League of Cities, Inc., Department of Insurance and Financial Services 125 East Colonial Drive, Orlando, FL 32801 Main, 407-425-9142 Toll Free, 1-800-445-6248 Fax: 407-425-9378 www.f1cities.com/lnsurance DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES EXAMPLE LOCATION WITH FMIT FMIT 5% ITEM VALUES DEDUCTIBLE 1 Parking Garage - 19200 Collins Avenue $7,500,000 $375,000 2 Playground - 19200 Collins Avenue $267,000 $13,350 3 Pavilion - 19200 Collins Avenue $75,000 $3,750 Interactive Water Feature - 19200 Collins 4 Avenue $175,000 $8,750 TOTAL VALUES AT LOCATION $8,017,000 6 ~.GUE 01 \I ~ C'/.-. !it' - ---....~ ~ .~ Q:- -.- O~,;I:.~:~ .,~ nil! DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES Florida League of Cities, Inc., Department of Insurance and Financial Services 125 East Colonial Drive, Orlando, FL 32801 Main, 407-425-9142 Tall Free, 1-800-445-6248 Fax, 407-425-9378 www.f1cities.comJlnsurance EXAMPLE LOCATION WITH COMPETITOR COMPETITOR'S 5% ITEM VALUES DEDUCTIBLE 1 Parking Garage - 19200 Collins Avenue $7}500}000 2 Playground - 19200 Collins Avenue $267}000 3 Pavilion - 19200 Collins Avenue $75}000 Interactive Water Feature - 19200 Collins 4 Avenue $175}000 TOTAL VALUES AT LOCATION $8,017,000 $400,850 7 Florida League of Cities, Inc., Department of Insurance and Financial Services 125 East Colonial Drive, Orlando, FL 32801 Main, 407-425-9142 Toll Free, 1-800-445-6248 Fox: 407-425-9378 www.flcities.com/lnsurance DEPARTMENT DF INSURANCE AND FINANCIAL SERVICES CLAIM EXAMPLE NAMED STORM DESTROYS THE PLAYGROUND AND PAVILION COMPETITOR COVERS: Playground $267,000 Pavilion $75,000 TOTAL DAMAGE: $342,000 DEDUCTIBLE: $400,850 NET PAYMENT TO YOU: $0 c FMIT COVERS: Playground (Deductible of $13,350) $267,000 Pavilion (Deductible of $3,750) $75,000 TOTAL DAMAGE: $342,000 DEDUCTIBLE: $25,000 (Coastal Deductible of $25,000 Applies) NET PAYMENT TO YOU: $317,000 CHOOSE YOUR OWN DEDUCTIBLE - WHICH DO YOU PREFER? 8 ,-....., ~ ....GUE 0, ....... t'~ ~~ ~ .... .". Cll'-_ __ ~.:a.~ ~~ .'bI nrm DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES Florida League of Cities, Inc., Department of Insurance and Financial Services 125 East Colonial Drive, Orlando, Fl 32801 Main,407-425-9142 Toll Free: 1-800-445-6248 Fax: 407-425-9378 www.flcities.com/insurance Insurance and Financial Services As Administrator for the Florida Municipal Insurance Trust, the League has a longstanding commit- ment to superiority for its membership. · Underwriting and Policy Services - Customized program and placement capabilities are offered to address the changing needs and exposures of public entities. Policy pricing, processing and issuance are handled on a territorial team approach. · Claims Management - Total in-house adjusting for workers' compensation, liability and health claims are provided by municipal claims specialist. · Member Services - Licensed league account executives are readily available to review, advise and place coverages. · Risk Control - A full range of programs are offered to promote safe work environments and loss prevention including Drug-Free Workplace, Employment Practices and Return to Work Policies. · Risk Management - Educational seminars and publications such as the quarterly, "TRUST REPORTER", are provided to assist membership in managing risk. r-. .., · SimpliCity/Synergy - An innovative and comprehensive online software application that provides members who insure property through the trust a resource to use to help minimize risk, better prepare for disasters, and reduce overall recovery costs. · Special Investigation Unit (SIU) - Pursues and otherwise minimizes fraudulent and similar insur- ance acts. c . The following disclosure is made in accordance with Florida law: The Florida League of Cities serves solely as the sponsor and administrator of the self-insurance programs provided by the Florida Municipal Insurance Trust, The Florida Municipal Insurance Trust exists as an independently govemed, separate legal entity under Florida law, 9 ~ .., Florida League of Cities, Inc., Department of Insurance and Financial Services 125 East Colonial Drive, Orlando, Fl 32801 Main, 407-425-9142 Toll Free: 1-800-445-6248 Fax: 407-425-9378 www.flcities.com/i nsu ra nee DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES RISK CONTROL SERVICES Zero Accident! A lofty goal we admit, but without aiming for the bulls eye how can you expect to hit the target. Risk Control Services is set up to assist your own Safety & Health or Risk Management departments or those em- ployees assigned as the safety coordinator in reducing or eliminating your exposures to loss thereby reducing or eliminating your ac- cidents. We have a number of services we provide to reach this goal: . Field surveys C Technical field and office assistance . . Customized safety program development and implementation . Training and educational seminars & workshops . Comprehensive safety & health video/dvd library . Poster and video development capabilities . Quarterly Magazine . Website with online training . Tailored Loss Analysis and Loss Runs . Targeted service for high loss frequency and severity . Insurable to value capabilities C . Matching Safety Grant funds National Safety Council states: "Experience has proved that the most effective way to reduce accidents is to concentrate on one phase of the accident problem at a time rather than attempting to stop all accidents at once." Your Risk Control Team . Scott J, Blaser, CSP Risk Control Director . Rudy Miranda, ALCM Risk Control Supervisor . Dennis D. Hagler Risk Control Consultant . Kenneth J. Blaser Risk Control Consultant . \Vayne Anderson Risk Control Consultant . Ronald E. Peters Risk Control Consultant . Robert Hees Risk Control Consultant . Apryl Cordell, CPS, RlYfPE Risk Control Administration . Anita Wick, RNfPE Risk Control Administra- tion 10 c c c Florida League of Cities, Inc., Department of Insurance and Financial Services 125 East Colonial Drive, Orlando, Fl 32801 Main: 407-425-9142 Toll Free, 1-800-445-6248 Fax, 407-425-9378 www.flcities.com/insurance DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES Underthe Direction of FLC's Insurance & Financial Services, FMIT Members Benefit from Response & Recovery Programs provided by Syn ergy. TURNKEY RECOVERY? In an effort to improve the mitigation process and significantly reduce the financial impact a loss can have on one's ability to recover, FMIT TurnKey Recovery? managed by Synergy is offered to Members through the FM IT's Depa rtm ent of Insurance and Financial Services. All recovery services are authorized by the PRS as part of a covered FMIT Cia im, Project costs are approved and pa id to certified vendors directly by Synergy or the FM IT in orderto reduce Members out-of-pocket costs. FMIT TurnKey Recovery? helps to minimize the financial exposure that SOV Cia ims can have on Members net cash-flow by eliminating the recovery cost burden and the reim bursem ent process. Additionally, FM IT TurnKey Recovery? significantly reduces overa II recovery costs by leveraging pre-certified vendors, preferred pricing agreements, negotiated general conditions and reduced layering of contractor overhead & profits, Ask your FLC Account Executive for more details, SIM PLlCITY? SOFTW AR E APPLlCATIO N simpliCity? is the exclusive software solution developed and licensed to the FM IT for use by its Memberswho insure their property assets through the Trust. FM IT M embers often face unique challenges when maintaining accurate schedule of values, tracking assets, overseeing projects, managing certified vendors and documenting the property cia ims process, simpliCity? was developed for FMIT Members as a single solution to address these needs, minimize insurable risk, and ensure timely & cost-effective recovery, Additionally, simpliCity? prov ides the FM IT a n opportunity to support M em ber's desire to im prove overall risk m anagem ent and gain greater visibility of their property & assets, FM IT-ALERT N OTIFICA TION Both prior to and after an event impacts a geographical area, FMITAlert? provides critical information to support M em ber's needs, Using various platforms to deliver content via SM S, Email, Cellular & RDS/FM technology, FMITAlert? keeps Mem ber's in touch and aware, M AN AGED MUNICIPALITY ASSET PROGRAM (MM AP) MM AP is a two-tiered program bringing together assets from both the public and private sectors for use by FM IT M embers during response a nd recovery initiatives, M ore importantly, MM AP ensures that all participating members are fully reimbursed in a timely manner under rental agreements according to either FEM A &/or FMIT Insurance rates, Additiona lIy, in tough econom ic tim es, M MAP provides an opportunity for municipalities to realize a return on fixed assets/equipment by contributing to on-demand, state-wide rental/leasing programs to both the public and private sectors, MMAP is accessed through the simpliCity? software application, FM IT UNIVE RSITY TRAINING PROGRAM At ER2 UniversityTM, FM IT M embers participate in quarterly symposiums designed to educate and better prepare their ability to withstand events that could affect their daily operations. Bringing together industry leaders, Members will benefit from lessons learned in the field of business continuity planning, risk management, first response, public assistance and disaster recovery, Schedule of course curriculum can be found on M em ber's dashboard located in the simpliCity? software application, II c ....GUE 0, ...~ --- -....;, t'~ ~"" ~ ... ..,. ClI'- - ~iI:--Ii. ._~ !a.1! 1rA.~ I!I nil! DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES Florida League of Cities, Inc., Department of Insurance and Financial Services 125 East Colonial Drive, Orlando, Fl 32801 Main, 407-425-9142 Toll Free, 1-800-445-6248 Fox, 407-425-9378 www.flcities.com/i nsura nee SPECIAL INVESTIGATION UNIT (SIU) Insurance fraud significantly contributes to increases in insurance costs. Agencies that must pay for fraudulent insurance claims also have higher rates and less money for other expenditures. To reduce the cost and amount of fraud to the Florida Municipal Insurance Trust (FMIT) members, the Special I Investigation Unit was created in 1999. The Unit's purpose is to pursue and otherwise minimize fraudulent and similar insurance acts. Using the latest technology and practices when investigating claims, the Unit's efforts have resulted in criminal prosecutions, termination of bene- fits, reduced settlement amounts and even modified physician and judge's orders. The FMIT's Special Investigation Unit has three full-time investigators that investigate suspected fraud. This unit has been instrumental in referring claims for felony prosecution and securing mil- lions of dollars in court ordered restitution. The SIU gathers information of possible fraudulent insurance acts, potential abuses or non-existent injuries, Suspected fraud is reported to he Florida Department of Financial Services, division of Insurance Fraud. FRAUD IS NOT A VICTIMLESS CRIME c Rorie/a Gov. Charlo& CrlslBrtd the F/orld8 Cabi'lel pl8'96nt e ~riOO 10 !he $pedal /.nveSDf18t.1on lhl't. In March 2009, Florida's Governor and Cabinet presented the SIU with a Resolution recogniz- ing it for its 10th anniversary in identifying, investigating and reporting suspected insurance fraud and abuse for investigation and prosecution. The referrals have resulted in millions of dollars in savings, and in court ordered restitutions, for FMIT members. Successes To-Date Estimated Cost Savings: $5.7 Million Restitution ordered: $1.9 Million Arrests: 49 and counting... c 12 c m Florida League of Cities, Inc., Department of Insurance and Financial Services 125 East Colonial Drive, Orlando, Fl 32801 Main, 407-425-91 42 Toll Free: 1-800-445-6248 Fax, 407-425-9378 www.flcities.com/i nsura nee DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES HR Risk Management H ELPLI N E...Employment Law advice is just a click away! FMIT members face changing employment laws and ongoing employee issues. Employment practices risk management questions about federal and state regulations, hiring, termina- tion, exempt/non-exempt, layoffs, wage/hour, Family and Medical Leave Act (FMLA) are among some of today's top human resource issues. c HELPLINE attorneys are from a national law firm and provide advice and counsel to thou- sands of government employers across the U.S. HELPLINE clients range in size from small mu- nicipalities with under ten employees to large government organizations with in-house legal resources and human resource departments. How does HELPLINE work? Employers are provided: c · Toll-free and online access to attorneys from a national law firm. Documented re- sponses to their specific employment law/HR questions are returned no later than the end of the next business day. · Access to an online destination which in- cludes valuable HR resources, news, model handbook policies, and more...including online unlawful harassment training. C1ili~ 13 c Florida League of Cities, Inc., Department of Insurance and Financial Services 125 East Colonial Drive, Orlando, Fl 32801 Main: 407-425-9142 Toll Free, 1-800-445-6248 Fax: 407-425-9378 www.flcities.com/i nsura nee Directorv of Services Insurance and Financial Services 125 East Colonial Drive P.O. Box 530065 Orlando, FL 32853-0065 Fax: 407-425-9378 Phone: 407-425-9142 or 1-800-445-6248 Property and Liability Claims P.O. Box 538135 Orlando, FL 32853-8135 Fax: 407-425-9378 Phone: 407-425-9142 or 1-800-445-6248 c Special Investigation Unit (SIU) Florida League of Cities, Inc., Tallahassee Office P.O. Box 1757 Tallahassee, FL 32302-1757 Fax: 850-222-3806 Phone: 1-800-222-9684 or 1-800-342-8112 Workers' Compensation Claims P.O. Box 538135 Orlando, FL 32853-8135 Fax: 407-425-9378 Phone: 407-425-9142 or 1-800-756-3042 Managed Care P.O. Box 538135 Orlando, FL 32853-8135 Fax: 1-800-707-7656 Intake Line: 1-877-676-3890 Group HeaIth Claims P.O. Box 538140 Orlando, FL 32853-8140 Fax: 407-425-9378 Phone: 407-425-9142 or 1-800-756-3042 c 14 c " \-' I' \..., o ~~~'!'l~~f ~ ~ - -- --=-"~ ~T '-- __ _____ -' \~ ~- - -. .,. "= -=-~~ =- ~\ .. o c=--- -- --.J Z .. -~ ~--I fI\ ...L- . o Financial Statement September 2010 o Florida League of Cities, Inc., administrator for the Florida Municipal Insurance Trust 125 East Colonial Drive Orlando, FL 32801 Toll Free: (800) 445-6248 Fax: (407) 425-9378 www.f1cities.comlinsurance c FLORIDA MUNICIPAL INSURANCE TRUST FINANCIAL STATEMENTS SEPTEMBER 30, 2010 c c c Florida Municipal Insurance Trust Financial Statements September 30,2010 TABLE OF CONTENTS Title Independent Auditors' Report Management's Discussion and Analysis Balance Sheet Statement of Revenues, Expenses and Changes in Fund Equity Statement of Cash Flows c Notes to Financial Statements Schedule 1 - Required Supplementary Information Ten-Year Claims Development Information Schedule 2 - Required Supplementary Information Claims Liability by Type of Contract c PaQe Number 1 - 2 3-8 9 10 11-12 13-19 20 - 21 22 c c c SHORSTEIN Be SHORSTEIN, P.A. CERTIFIED PUBLIC ACCOUNTANTS 8265 BAYBERRY ROAD JACKSONVILLE, FLORIDA 32256 JACK F. SHORSTEIN, C.P.A. SAMUEL R. SHORSTEIN, C.P,A, MARK J. SHORSTEIN, C.P.A. MICHAEL K, PARRISH, C.P.A, BARBARA J. HOUSTON, C.P.A, O.J. YOUNG MARGARET R. CONOVER, C.P.A, JOAN B. MOELL, C.P.A. WALTER L. HUNTER, C.P.A. H. DAN HOOPER, C.P.A. TELEPHONE (904) 739-1311 FACSIMILE (904) 739-2069 WEBSITE WWW.SHORSTEINCPA.COM March 7, 2011 Independent Auditors' Report To the Trustees of the Florida Municipal Insurance Trust: We have audited the accompanying balance sheet of the Florida Municipal Insurance Trust as of September 30, 2010, and the related statements of revenues, expenses and changes in fund equity and cash flows for the year then ended, These financial statements are the responsibility of the Trust's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America, Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes consideration of internal control over financial reporting as a basis for designing audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Trust's internal control over financial reporting, Accordingly, we express no such opinion, An audit also includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements, assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation, We believe that our audit provides a reasonable basis for our opinion, In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of the Florida Municipal Insurance Trust as of September 30, 2010, and the results of its operations and its cash flows for the year then ended in conformity with accounting principles generally accepted in the United States of America. Accounting principles generally accepted in the United States of America require that the management's discussion and analysis on pages 3-8 and Schedules 1 and 2 on pages 20-22 be presented to supplement the basic financial statements, Such information, although not part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial ' statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the management's discussion and analysis in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements, We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance, '-.. MEMBERS: AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS. FLORIDA INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS c Our audit was conducted for the purpose of forming an opinion on the financial statements as a whole, Schedules 1 and 2 are presented to supplement the_basic financial statements and were derived from and relate directly to the underlying accounting and other records used to prepare the financial statements, The information has been subjected to the auditing procedures applied in the audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America, We' have also previously audited, in accordance with auditing standards generally accepted in the United States of America, the basic financial statements for each of the nine years in the period ended September 30, 2009 (none of which are presented herein); and we expressed unqualified opinions on those basic financial statements, In our report dated March 8, 2010, we expressed an unqualified opinion on the financial statements for the year ended September 30, 2009, In our opinion, the information set forth in the required supplementary information for each of the ten years in the period ended September 30, 2010 appearing in Schedules 1 and 2 is fairly stated in all material respects in relation to the financial statements as a whole, ~v~)t.A. Q c 2 c c c Florida Municipal Insurance Trust MANAGEMENT'S DISCUSSION & ANALYSIS For the Year Ended September 30,2010 The following discussion and analysis will provide an overview of the financial activities of the Florida Municipal Insurance Trust (the Trust) for the fiscal year ended September 30, 2010, Please read this in addition to the financial statements, notes to the financial statements, and other supplementary information provided herein, Financial HiQhliQhts · Assets exceeded Trust liabilities at September 30, 2010 by $225,3 million, Of this amount, $1,05 million is being held as collateral for a surety bond that has been issued to the Florida Municipal Loan Council and is considered restricted, The Trust's governing Board of Trustees determines if, how much, and when fund equity distributions are to be made, based on the Trust's long-term financial needs, · Fund equity increased by $5,2 million in 2009-2010 in part due to continuing improvement in investment income, · The Trust invests more than $400 million, primarily in the various portfolios of the Florida Municipal Investment Trust (FMlvT), an external investment pool, as allowed under the Trust's investment policy, Income derived from these investments is used to fund incentive credits and offset certain administrative expenses. Given the nature of the Trust's operations and the integral part investment income plays in those operations, it would be inappropriate for the Trust to exclude investment income from operating activities, Basic Financial Statements The Trust is an independent reporting entity accounted for as an enterprise fund in accordance with U,S, generally accepted accounting principles for governments as established by the Governmental Accounting Standards Board (GASB), These governmental accounting rules require the Trust to prepare a series of financial statements, The Balance Sheet provides information about the assets and liabilities at a specific point in time, in this case, September 30, 2010, The Statement of Revenues, Expenses, and Changes in Fund Equity provides information about revenues (additions to fund equity) and expenses (deductions from fund equity) recorded during the entire fiscal period from October 2009 through September 2010, The Trust uses the flow of economic resources measurement focus and the accrual basis of accounting, Under this method, revenues are recorded when earned and expenses are recorded at the time the liabilities are incurred, Notes to the financial statements. The footnotes provide additional information essential to the understanding of the financial statements. Supplemental information. In addition to the basic financial statements and accompanying notes, this report also presents certain supplementary information regarding the Trust's ten-year claims development history. Setting member premium rates today to cover the assumed risk of possible future loss occurrences is largely guided by claims development. Analysis of trends in claims development indicates whether losses are increasing, decreasing or static. 3 c c c Florida Municipal Insurance Trust MANAGEMENT'S DISCUSSION & ANALYSIS For the Year Ended September 30, 2010 Income and expenses. The majority of the Trust's operating income and expenses are contained within a relatively small number of accounts, Following is a brief description of those accounts. Premium income. The Trust provides insurance to members in much the same way as insurance companies provide insurance protection for customers, Coverages are rated for each individual member based on established rates, adjusted by experience modifiers and discounts to reflect the actual loss experience of the member, The experience modifier is based on prior experience adjusted by certain factors, Member premium rating is accomplished by the Trust's Administrator Underwriting Department, which has assigned each member to one of its staff underwriters, Investment income. The Trust has a highly diversified investment portfolio, The target allocations established under the Trust's investment policy are 20% equity and 80% fixed income, The Trust's investments are managed primarily through the equity and bond portfolios of the FMlvT, The Trust complies with the provisions of GASB Statement 31 by including in investment income the change in fair value of its investments, Claim payments and reserves. The Trust pays for covered losses experienced by its members as well as related claims expenses, The Florida League of Cities, Inc, (League) has a contractual agreement with the Trust to function as its administrator. All claims are processed and managed in-house by the administrator. Outside claims adjusters, attorneys, medical experts, and other professionals are contracted on an as-needed basis, Between the time a claim is reported and the time it is resolved, reserves are established for the estimated amount that will have to be paid at some future date to settle the loss, Reserves are also established for claims that have occurred but are not yet known to the Trust. This recognizes losses in the current year for claims that will be paid in future periods, This process allows a matching of current year premiums with estimated total losses that will be incurred as the result of current fiscal year coverages, Administrative expenses and contract service fees. In providing coverage and other member services, the Trust incurs administrative expenses and contract service fees with both the administrator and outside vendors, All of these expenses are budgeted and monitored on a monthly basis for compliance with budgetary limits, The administrator assesses their fees based on member premiums, and no change in this contractual arrangement is anticipated in the near future. 4 c Florida Municipal Insurance Trust MANAGEMENT'S DISCUSSION & ANALYSIS For the Year Ended September 30,2010 Comparative Financial Information Table 1 Balance Sheets Assets 2009-2010 2008-2009 Cash and Investments $ 425,300,000 $ 401,000,000 Receivables 5,000,000 6,700,000 Prepaid Expenses 8,900,000 9,800,000 Deposits 300,000 300,000 Total Assets $ 439,500,000 $ 417,800,000 Liabilities Liability for Claims and Claim Expenses $ 191,800,000 $ 173,800,000 Dividend Payable 10,000,000 8,000,000 Premiums Collected in Advance 9,000,000 12,500,000 Accounts Payable and Accrued Expenses 3,400,000 3,400,000 C Total Liabilities 214,200,000 1,97,700,000 .5lli!!1Y Fund Equity 225,300,000 220,100,000 Total Liabilities and Fund Equity $ 439,500,000 $ 417,800,000 c 5 c Florida Municipal Insurance Trust MANAGEMENT'S DISCUSSION & ANALYSIS For the Year Ended September 30,2010 Table 2 Statements of Revenues, Expenses and Changes in Fund Equity Revenues 2009-2010 2008-2009 Premium Income $ 96,500,000 $ 102,600,000 Investment Income 27,600,000 23,800,000 Other Income, 400,000 400,000 Total Operating Revenues 124,500,000 126,800,000 Expenses Claims and Claim Expenses 85,300,000 83,900,000 Administrative and Other Expenses 24,000,000 22,300,000 Dividend Expense 10,000,000 8,000,000 Total Operating Expenses 119,300,000 114,200,000 C OperatinQ Income 5,200,000 12,600,000 Fund EQuitv. BeQinninQ of Year 220,100,000 207,500,000 Fund Equity. End of Year $ 225,300,000 $ 220,100,000 c 6 c ~ c Florida Municipal Insurance Trust MANAGEMENT'S DISCUSSION & ANALYSIS For the Year Ended September 30, 2010 Some of the more important fund transactions during 2009-2010 are: · The Trust earned $27.5 million in investment income during the fiscal year, resulting in a return on invested assets (excluding cash) of 7.2%, The high allocation to fixed income helped provide investment income of $19,9 million during the year, while allocation to equities rebounded this fiscal year to post positive investment income of $7,6 million during the fiscal year, The markets were still volatile as evidenced by having seven months of positive investment income and five months of negative investment income for the fiscal year, For the year, the Expanded High Yield Bond Fund once again outpaced all other portfolios with a total return of 15,1 %, while the Diversified Small to Mid Cap Equity Portfolio outpaced all equity portfolios with a return of 14.6%, · The overall Claims Expense is $85,3 million for 2009-2010, which is up from $83,9 million in 2008-2009, The slight increase was the result of deterioration in prior years' claim development in claims reserves, · For the fiscal year ended September 30, 2010, the Trust had reported earned premium of $96,5 million compared to $102.6 million in the previous year, The primary reason for the year-over- year decrease was a very soft market, which resulted in rate decreases across several lines of coverage and made it difficult to offset premium decreases with net new business, Capital Asset and LonQ-Term Debt Activitv The Trust has no capital assets or any long-term debt. Economic Factors The U,S. economy is in the early stages of a recovery, According to the Trust's investment consultant, the economy continued to expand during the third quarter, albeit at a more moderate pace from the first half of 2010,' because of restrained consumer spending, Consumers are constrained by continued economic uncertainty, high unemployment levels, and modest income growth, However, business spending on equipment and software has been healthy as corporations use excess cash that accumulated during the economic downturn, The Federal Reserve (Fed) began considering additional steps to boost economic growth, such as purchasing additional Treasury bonds, By purchasing more Treasuries, the Fed seeks to drive down interest rates on mortgages, corporate debt and other loans, hoping lower interest rates will spur credit lending and increase spending. Florida's Office of Economic and Demographic Research (EDR) reports that the state is on a different recovery path than the nation as a whole, The Deepwater Horizon oil spill has exacerbated these differences, The national recession significantly slowed Florida's population gains, the primary engine of economic growth for the state. This has led to record unemployment and poor job growth, Additionally, with the meltdown in the mortgage market and the subsequent credit crunch, housing starts and jobs associated with the construction industry went into a significant decline that showed little improvement until this year. Finally, Florida's $60 billion tourism industry, already reeling from the downturn, took an additional hit from the oil spill. 7 c c c Florida Municipal Insurance Trust MANAGEMENT'S DISCUSSION & ANALYSIS For the Year Ended September 30,2010 Econom ic Factors (Continued) It is anticipated that local governments will continue to face budget challenges into the 2011 year, As local governments, such as cities and counties, meet the challenges of declining tax revenues, many are faced with either raising tax rates to meet service demands or cutting expenses and service levels, This will equate to members looking for all opportunities to cut costs, The soft insurance market is anticipated to continue, resulting in lower insurance premiums and extremely aggressive competition, The Trust is exploring all avenues to reduce costs while maintaining prudent underwriting standards, The year-old partnership with Synergy 10, Simplicity, a pre- and post-disaster program has added value to the Trust's property program, The Trust has implemented new technology initiatives, service programs, risk control training, and key staff additions that will continue to provide added value over time, Requests for Information This financial report is designed to provide a general overview of the Trust's finances, Questions concerning the information provided in this report or requests for additional financial information should be addressed to the Florida League of Cities, Director of Insurance and Financial Services, P,O, Box 538135, Orlando, FL 32853. 8 c Florida Municipal Insurance Trust *BALANCE SHEET September 30, 2010 ASSETS Cash and Cash Equivalents Investments Premiums Receivable Reinsurance Recoveries Receivable Receivable from Florida Special Disability Trust Fund Receivable for Members' Deductibles Prepaid Reinsurance Prepaid Expenses - Other Deposits Total Assets LIABILITIES AND FUND EQUITY c Liabilities Liability for Claims and Claim Expenses Dividend Payable Premiums Collected in Advance Accounts Payable Accrued Expenses: Administrative, Service, and Sponsorship Fees Total Liabilities Fund Equitv Restricted Unrestricted Total Fund Equity Total Liabilities and Fund Equity C * The accompanying notes are an integral part of these financial statements, 9 $ 17,632,428 407,707,361 155,999 2,179,367 949,034 1,665,737 8,559,707 306,990 340,043 $ 439,496,666 $ 191,759,073 10,000,000 9,026,267 3,069,476 318,406 214,173.222 $ 1,045.000 224,278,444 225.323.444 $ 439,496,666 c Florida Municipal Insurance Trust *STATEMENT OF REVENUES, EXPENSES AND CHANGES IN FUND EQUITY For the Year Ended September 30,2010 OperatinQ Revenues Premium Income Investment Income Other Income Total Operating Revenues OperatinQ Expenses Claims and Claim Expenses Administrative and Service Fees Dividend Expense Assessments - Florida Department of Labor and Employment Security Sponsorship Fee Fraud Unit Expense Other Expenses Total Operating Expenses OperatinQ Income c Fund Equity. Beqinninq of Year Fund EQuitv. End of Year r- ~ * The accompanying notes are an integral part of these financial statements, 10 $ 96,452,980 27,645,083 437.173 124.535,236 85,325,948 13,771,665 10,000,000 1,608,561 2,779,829 2,201,044 3.629,143 119,316,190 5,219,046 220,104,398 $ 225,323,444 c Florida Municipal Insurance Trust *STATEMENT OF CASH FLOWS For the Year Ended September 30,2010 Cash Flows from Operatinq Activities Cash Received from Members for Premiums $ 119,441,365 Reinsurance Recoveries 5,478,058 Florida Special Disability Trust Fund Collections 993,984 Cash Received for Commissions 439,150 Cash Payments for Claims (74,331,826) Cash Payments for Dividends (8,000,000) Cash Payments to Suppliers for Goods and Services (45,669,956) Cash Payments to Florida Special Disability Trust Fund (1,615,073) Net Cash Used by Operating Activities (3,264,298) Cash Flows from Investinq Activities Interest on Cash and Investments 31,917 Proceeds from Sale of Investments 20,404,485 Purchase of Investments (22,002,064) Net Cash Used by Investing Activities (1,565,662) C Net Decrease in Cash and Cash Equivalents (4,829,960) Cash and Cash Equivalents. Beqinninq of Year 22,462,388 Cash and Cash Equivalents. End of Year $ 17,632,428 c * The accompanying notes are an integral part of these financial statements, 11 ,-... " Florida Municipal Insurance Trust *STATEMENT OF CASH FLOWS For the Year Ended September 30,2010 Reconciliation of OperatinQ Income to Net Cash Used by OperatinQ Activities Operating Income $ 5,219,046 Adjustments to Reconcile OperatinQ Income to Net Cash Used by OperatinQ Activities Investment Income (27,645,083) c ChanQe in Assets and Liabilities Decrease in Premiums Receivable Increase in Reinsurance Recoveries Receivable Decrease in Receivable from Florida Special Disability Trust Fund Decrease in Receivable for Members' Deductibles Increase in Prepaid Expenses - Other Decrease in Prepaid Reinsurance Increase in Liability for Claims and Claim Expenses Increase in Dividend Payable Decrease in Premiums Collected in Advance Decrease in Accounts Payable Increase in Accrued Expenses 2,152,153 (868,443) 246,011 224,208 (51,408) 996,144 17,929,388 2,000,000 (3,497,191) (232,652) 263,529 Net Cash Used by OperatinQ Activities $ (3,264,298) C * The accompanying notes are an integral part of these financial statements, 12 c c c Florida Municipal Insurance Trust NOTES TO FINANCIAL STATEMENTS September 30, 2010 Note 1 - OrQanization and SiQnificant AccountinQ Policies A. Organization and Purpose - The Florida Municipal Insurance Trust (the Trust) is a self- insurance program established to provide certain liability, property, casualty, health, and other coverages to participating units of local government in Florida, pursuant to various provisions of Florida Statutes, Trust underwriting and rate setting policies have been established after consulting with an independent actuary, The Trust is non-assessable, Trust members at year-end included 270 cities, 29 county subdivisions and 304 special districts, all located within Florida. B, Reporting Entity and Basis of Accounting - The Trust is an independent reporting entity accounted for as an enterprise fund in accordance with accounting principles generally accepted in the United States of America for governments as established by the Governmental Accounting Standards Board (GASB), The Trust uses the flow of economic resources measurement focus and the accrual basis of accounting, Under this method, revenues are recorded when earned and expenses are recorded at the time the liabilities are incurred, In accordance with GASB Statement 20, the Trust has elected to apply only those applicable Financial Accounting Standards Board pronouncements issued on or before November 30, 1989, C, The Trust is exempt from income taxes under the provisions of Section 115 of the Internal Revenue Code, D. The Trust considers all unrestricted highly liquid investments purchased with an initial maturity of three months or less to be cash equivalents, E, Investments are reported at fair value in accordance with GASB Statement 31, F, The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period, Actual results could differ from those estimates, G, The Trust uses the allowance method to account for uncollectible receivables, The allowance is based on management's estimate of possible bad debts, The allowance for doubtful accounts is $500,000 at September 30, 2010. There were no bad debt write-offs during the year. H, The Trust considers all revenues from premium, investment, and commission income that comprise the Trust's core business activities to be operating revenues, All expenses are considered to be operating expenses, 13 c Florida Municipal Insurance Trust NOTES TO FINANCIAL STATEMENTS September 30,2010 Note 2 - Cash and Cash EQuivalents Cash and cash equivalents include interest-bearing demand deposits in the amount of $17,006,317 and short-term investments in the amount of $626, 111. Short-term investments of $443.443 were invested in Goldman Sachs Financial Square Prime Obligations Fund with an average maturity of 48 days, and short-term investments of $182,668 were invested in the Local Government Surplus Funds Trust Fund (Florida Prime) with an average maturity of 52 days, The Goldman Sachs Financial Square Prime Obligations Fund is rated Aaa by Moody's, Florida Prime is rated AM by Standard & Poor's, Florida Statutes require that all qualified public depositories holding public funds collateralize deposits in excess of Federal Deposit Insurance Corporation insurance with the State Treasurer, Since the Trust uses only qualified public depositories, all demand deposits are fully insured or collateralized, Note 3 - Investments and Investment Income c The Board of Trustees has an investment policy authorizing investments in a variety of fixed income and equity instruments, Among the types of instruments the Trust is authorized to invest in are: certain mortgage loans, common stocks, convertible preferred stocks or bonds, repurchase agreements, commingled governmental trusts, no-load investment funds, no-load mutual funds, obligations of the United States of America, its agencies and instrumentalities, securities of state, municipal and county governments or their public agencies, corporate debt obligations, asset-backed securities and money market instruments and/or funds, The investment policy specifies limitations as to credit quality, maturity, and issuer on fixed income instruments, and places limits on the percentage of large-cap stock, small-cap stock, and foreign investment exposure, The Florida Municipal Investment Trust (FMlvT) is a governmental external investment pool open to eligible units of local governments to invest in one or more investment portfolios under the direction and daily supervision of an investment advisor, FMlvT is not subject to SEC or other regulatory oversight. The fair value of the positions in the FMlvT funds and portfolios are the same as the value of the fund and portfolio shares, FMlvT is governed by a Board of Trustees consisting of the President (or his appointee) and Second Vice President of the Florida League of Cities, Inc. (League), two representatives of the Trust, and up to three additional appointed members who are elected officials of the governmental entities who actively participate in FMlvT, The League serves as Administrator for both the Trust and FMlvT. c 14 c Florida Municipal Insurance Trust NOTES TO FINANCIAL STATEMENTS September 30,2010 Note 3 - Investments and Investment Income (Continued) The Trust's investments consisted of the following at September 30,2010: Investment Type GS FIN SQ PRIME OBL SEL Money Market Fund Fair Value $ 1,045,000 Duration (In Years) 0,13 Bond Funds FMlvT Intermediate High Quality Bond Fund FMlvT 1-3 Year High Quality Bond Fund FMlvT Broad Market High Quality Bond Fund FMlvT Expanded High Yield Bond Fund SBA Fund B Surplus Funds Trust Fund 146,931,106 62,739,530 64,338,628 47,151,379 217,769 2,80 1,50 3.70 3.41 7.49 Equity Funds FMlvT High Quality Growth Portfolio FMlvT Russell 1 000 Enhanced Index Portfolio FMlvT Diversified Small to Mid Cap Equity Portfolio FMlvT International Blend Portfolio FMlvT Large Cap Diversified Value Portfolio 8,574,695 26,984,494 23,252,706 17,886,772 8,585,282 c Total Investments $407,707,361 Interest Rate Risk: As a means of limiting its exposure to fair value losses from rising interest rates, the Trust's investment policy employs portfolio diversification, controlled duration strategies, and maturity durations as the primary methods of controlling risk, In addition, the policy establishes a minimum investment of $1,000,000 in liquid investments having a maturity of 90 days or less. Investments may include mortgage and mortgage-backed securities having an average weighted useful life of less than ten years, The Trust's investment policy does not limit the duration of other bonds or governmental investment trusts, Credit Risk: The Trust's investment policy is to apply the prudent-person rule, The investment portfolio shall be designed to attain a market rate of return throughout financial and economic cycles, taking into account the Trust's investment risk constraints as discussed in the investment policy, The Trust's credit quality policy does not limit its investments in U,S, government agency obligations or bond funds. The short-term investments in the Goldman Sachs Financial Square Prime Obligations Fund are rated Aaa by Moody's, The FMlvT Intermediate High Quality Bond Fund and 1-3 Year High Quality Bond Fund are rated AM by Fitch Ratings, The FMlvT Broad Market High Quality Bond Fund is rated AA by Fitch Ratings, Neither the FMlvT Expanded High Yield Bond Fund nor Fund B is rated by any nationally recognized statistical rating agency at this time, ........... ~ 15 c Florida Municipal Insurance Trust NOTES TO FINANCIAL STATEMENTS September 30, 2010 Note 3 - Investments and Investment Income (Continued) As further described at Note 14, investments in the amount of $1,045,000 are held by Deutsche Bank as collateral under a surety bond issued to the Florida Municipal Loan Council (FMLC) which is restricted, Note 4 - Premium Income Premium income for the current policy year is based on management's estimates and will be adjusted upon completion of all premium audits, Premiums receivable represents primarily the estimated post year-end premium adjustments, Premium income is reported net of ceded excess reinsurance premiums and incentive credits, Premium Income Ceded Excess Reinsurance Premiums Incentive Credits Net Premium Income $131.472.444 (24,268.423 ) (10,751,041 ) $ 96.452,980 The Trustees established an incentive plan to provide for premium reductions to members based on each member's past experience in the Trust and other criteria, c; Note 5 - State of Florida Special Disabilitv Trust Fund The state of Florida operates the Special Disability Trust Fund (SDTF) which reimburses Florida employers and carriers for certain workers' compensation benefits paid for claims incurred prior to January 1, 1998, The SDTF is funded with assessments paid to the Florida Department of Financial Services by insurers and self-insurers providing workers' compensation coverage in Florida, The Trust does not report as liabilities claims that have been accepted for reimbursement by the SDTF, In the event the SDTF does not meet its obligations, the Trust would be liable for such amounts, As of September 30, 2010, the Trust was due $949,034 from the SDTF for previously paid workers' compensation benefits eligible, for reimbursement, of which approximately $235,000 is expected to be collected after one year, c 16 c .0 c Florida Municipal Insurance Trust NOTES TO FINANCIAL STATEMENTS September 30,2010 Note 6 - Excess Reinsurance The Trust uses reinsurance agreements to reduce its exposure to large losses on all types of insured events, Reinsurance permits recovery of a portion of losses from reinsurers, although it does not discharge the primary liability of the Trust as direct insurer of the risks reinsured, The Trust does not report reinsured risks as liabilities unless it is probable that those risks will not be covered by reinsurers, The amount deducted from claims liabilities as of September 30, 2010 for reinsurance was approximately $72,000,000, In the event that any of the reinsuring companies do not meet their obligations under existing reinsurance agreements, the Trust would be liable for such amounts, Reinsurance recoveries receivable represents recoverable amounts for claims paid on or before September 30, 2010, of which approximately $674,000 is expected to be collected after one year, Prepaid reinsurance consists of the unexpired premiums for property risk excess and catastrophe policies expiring March 31, 2011 and April 30, 2011, Note 7 - Deposits The Trust is a pool member of the NLC Mutual Company, a public entity risk pool providing one or more layers of reinsurance coverage to political subdivisions of state governments, A capital contribution of $340,043 is recorded as a deposit. The capital contribution is non-transferable, and the right to withdraw capital is suspended by the By-Laws to four or more years after the election to withdraw is first made, Note 8 - Claims and Claim Expenses The provision for claims and claim expenses includes paid and unpaid claims and expenses associated with settling claims, including legal fees. The liability for claims and claim expenses is based on claims adjusters' evaluations of individual claims, management's evaluation, and an actuarial review of experience- with respect to the probable number and nature of claims arising from losses that have been incurred but have not yet been reported, The liability represents the estimated ultimate cost of settling the claims, including the effects of inflation and other societal and economic factors, Any adjustments resulting from the settlement of losses will be reflected in earnings at the time the adjustments are determined, Members may choose to retain a level of risk by adding deductible provisions to their policies, The receivable for members' deductibles represents the members' retained portion of the claims paid on or before September 30, 2010, of which approximately $746,000 is expected to be collected after one year, 17 c c c Florida Municipal Insurance Trust NOTES TO FINANCIAL STATEMENTS September 30,2010 Note 8 - Claims and Claim Expenses (Continued) The following represents changes in the liability during the past two years: Year Ended September 30, 2010 2009 Liability for Claims and Claim Expenses - BeQinninQ of Year $ 158,932,749 $ 173,829,685 Claims and Claim Expenses Provision for Insured Events of the Current Year Increase in Provision for Insured Events of Prior Years 81,966,822 83,172,360 3,359,126 699,377 Total Claims and Claim Expenses 85,325,948 83,871,737 Payments Claims and Claim Expenses Attributable to Insured Events of the Current Year Claims and Claim Expenses Attributable to Insured Events of Prior Years 32,325,712 33,280,225 35,070,848 35,694,576 Total Payments 67,396,560 68,974,801 Liability for Claims and Claim Expenses - End of Year $ 191,759,073 $ 173,829,685 Note 9 - Hurricane Claims~ As indicated in Note 8, any adjustments resulting from the settlement of losses will be reflected in the Trust's earnings at the time the adjustments are determined, One situation which may result in an adjustment to the ultimate cost of settling claims involves the Federal Emergency Management Agency (FEMA) auditing previously adjudicated hurricane claims arising in Florida between 2003 and 2006, One of the questions raised by FEMA was whether the Trust had appropriately adjudicated these claims, Management provided an update on the matter to the Trust's Board of Trustees at its December 2010 meeting, The Board elected to set aside and record on the books of the Trust a designated fund in the amount of $25,000,000 to demonstrate the financial strength of the Trust and its ability and willingness to pay claims if it is ultimately determined the Trust did not appropriately pay claims arising as a result of this matter, It is management's current opinion that the claims were appropriately adjudicated, 18 .C o c Florida Municipal Insurance Trust NOTES TO FINANCIAL STATEMENTS September 30,2010 Note 10 - Premiums Collected in Advance Premiums collected in advance represents premiums collected prior to October 1, 2010 but allocable to the year ending September 30, 2011. Note 11 - Administrative and Service Fees Administrative and service fees are paid to the League for claims administration and other administrative services pursuant to one-year agreements, In addition, the League was paid $315,000 for reinsurance management services and $33,786 for additional claim administrative services, which are included in other expenses, and $1,139,125 for managed care fees, which is included in claims expenses, A number of the Trust's Board of Trustees are also members of the League's Board of Directors, Administrative fees in the amount of $898,582 were paid to United Healthcare, and $224,169 was paid to CIGNA HealthCare for HMO health claims ad.ministration, Note 12 - Sponsorship Fee The Trust paid the League a sponsorship fee for sponsoring and promoting the Trust. Note 13 - Fraud Unit Expense The Trust has contracted with the League to operate a special investigative unit to pursue and minimize fraudulent insurance acts committed against the Trust. Note 14 - Surety Bond The Trust has issued a surety bond to FMLC, guaranteeing payment of principal and interest on the Revenue Bonds, Series 2000A, in the amount of $1,045,000, maturing between 2011 and 2024, The surety bond is collateralized by cash and investments held in trust by Deutsche Bank in the amount of the guarantee. The League serves as Administrator for both the Trust and FMLC, Note 15 - Policyholder Dividend Dividend payable represents distributions to be made to Trust members who had property insurance coverage with the Trust in the year ended September 30, 2009 and have continued property insurance coverage with the Trust in the year ending September 30, 201,1. 19 c Florida Municipal Insurance Trust REQUIRED SUPPLEMENTARY INFORMATION TEN-YEAR CLAIMS DEVELOPMENT INFORMATION September 30, 2010 Schedule 1 The Governmental Accounting Standards Board requires public entity risk pools to present claims development information for the last ten years, The information on the next page illustrates how the Trust's premium (net of reinsurance), investment and other income compare to related costs of loss (net of loss assumed by reinsurers) and other expenses of the Trust as of the end of each of the last ten years, The rows of the schedule are defined as follows: 1, This line shows the total of each fiscal year's gross premium, investment and other income, premium ceded to reinsurers, and net earned premium, investment and other income, Pursuant-to GASB Statement34, effective for years ending on or after September 30, 2003, earned income is reported net of incentive credits, 2, This line shows each fiscal year's other operating costs not allocable to individual claims, 3, This line shows the Trust's gross incurred claims and allocated claim adjustment expense, claims assumed by reinsurers and net incurred claims and allocated claim adjustment expense (both paid and accrued) as originally reported at the end of the first year in which the event that triggered coverage under the contract occurred (called policy year), 4. This section of 10 rows shows the cumulative net amounts paid as of the end of successive years for each policy year. c 5, This line shows the latest reestimated amount of claims assumed by reinsurers as of the end of the current year for each policy year, 6, This section of 10 rows shows how each policy year's net incurred claims increased or decreased as of the end of successive years, This annual reestimation results from new information received on known claims, reevaluation of existing information on known claims, as well as emergence of new claims not previously known. 7, This line compares the latest reestimated net incurred claims amount to the amount originally established (line 3) and shows whether this latest estimate of claims cost is greater or less than originally thought. 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(") N N o '" ",- '" v N I'- N '" cD '" N "" v o .,; '" "" '" "'v co ~ 1'-0 Nt--- <0 '" I'- co_ ~N I'- co m o o M v'" '" co 00 ,.....- t-- (") ~ Ov <".I""': N o I'- N o <0 v N ~ I'- (")N NI'- N..r I'- 0 COv (,,)N ~ N v '" v v- o '" m o I'-v 0(") (")v "":<0 (")N 0<0 <o..r ~ N (") I'- m I'- N ai ;::: 0(") co '" COv a> <0- v"" o~ T'""-rri v '" I'- M ;: N v 00 "'0 m-LIi '" '" (") co N N N co (") <0- '" "'- 01'- co 0 <0<0 cnm ON 0'" m-T'""- ~ N <0 <0 "'- o N o <0 '" (") co (") '" 0 Nai v'" <Ov <oai N I'- I'- N N I'- m <0 '" '" E -n; U '" " OJ ~>- ",'0 E" ~~ U . ~ '" o OJ - '" >,C .'!:: Q) :5~ .~ W ...J o o c Florida League of Cities, Inc., Department of Insurance and Financial Services 125 East Colonial Drive, Orlando, Fl 32801 Main, 407-425-9142 Toll Free, 800-445-6248 Fax, 407-425-9378 www.flcities.com/insuronce c DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES KEY STAFF BIOGRAPHIES Mrs. Jeannie Garner Director of Insurance and Financial Services Jeannie Garner is the Director of Insurance and Financial Services at the Florida League of Cities, where she has been since 1994. Jeannie has served as the Executive Director for Florida Government Finance Officers Association (FGFOA) since 2001. She oversees all aspects of the administration, including reporting to the Board of Directors. The department provides insurance and financial services for local governments in Flor- ida. As Director, Jeannie is responsible for the overall management, supervision and administration of these services - Florida Municipal Insurance Trust; Florida Municipal Construction Insurance Trust; Florida Munici- pal Investment Trust; Florida Municipal Pension Trust Fund and the Florida Municipal Loan Council. These were created to provide cities with cost-effective and quality services specifically designed for them. Jeannie is also an advisory member of the GFOA Debt Committee and former chair for the NLC Public Finance Con- sortium. A native of Birmingham, Alabama, she graduated with a bachelor of science in finance from Troy State University in 1989. c Mr. Donald lund, CPCU, ARM-P, CPA Associate Director of Insurance Services Mr. Lund is the Associate Director of Insurance Services for the Florida League of Cities. Donald has been em- ployed by the League since April 2000. He is responsible for overseeing the underwriting, finance and claims functions of the Florida Municipal Insurance Trust. Prior to coming to the Florida League of Cities, he worked as the Director of Accounting for a Florida based workers' compensation self-insurance fund. Donald has over 18 years experience in property and casualty insurance. He has a Masters Degree in Risk Management from Florida State University. He also has Bachelors of Science degrees in both Accounting and Finance from Flor- ida State University and is a Certified Public Accountant. Additionally Donald holds seven professional desig- nations: Chartered Property and Casualty Underwriter (CPCU), Associate in Risk Management, (ARM-P), Asso- ciate in Reinsurance (ARe), Associate in Surplus Lines Insurance (ASLI), Associate in Premium Auditing (APA), Associate in Insurance Services (AIS) and Construction Risk and Insurance Specialist (CRIS). He is also a mem- ber of the Florida Institute of Certified Public Accountants and the CPCU Society. Mr. David lodwick, CIC, CRM Director of Trust Services c Mr. Lodwick is responsible for leading the Trust Services efforts of Insurance and Financial Services opera- tions for the Florida League of Cities. David joined the FLC on March 1, 2011. He served in the US Army from 1975-1979 and left as a Sergeant primarily stationed at Schofield Barracks, Hawaii. David served as a City Councilman for the Village of Royal Palm Beach from 1993-1998 and as Mayor from 1998-2010. During that time he also served seven years on the FMIT Board (2 as Chair) and also served on the FMlvT Board. He served locally on the MPO for Palm Beach County and is the former Chairman of Consumer Credit Counseling of the Palm Beach and Treasure Coast for over a decade. David is a Commercial Insurance Agent with spe- cialty in Risk Management. He is a graduate of Ohio State University with a degree in Chemical Engineering and also holds the Certified Insurance Counselor and Certified Risk Manager designations. Florida League of Cities, Inc., Department of Insurance and Financial Services 125 East Colonial Drive, Orlando, Fl 32801 Main: 407-425-9142 Toll Free, 800-445-6248 Fox, 407-425-9378, www.flcities.com/i nsura nee c DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES KEY STAFF BIOGRAPHIES Mr. Scott Blaser, CSP Director Risk Control Mr. Blaser is responsible for the Risk Control operations for the Florida League of Cities. Scott is a Board Cer- tified Safety Professional with 25 years of experience in Risk Control and Safety. His experience began as a Safety/QA Representative in the United States Navy. After his service in the Navy, he attended the New York State University College at Buffalo and obtained a Bachelor of Science in Industrial Technology and Safety Studies. After college, his experience includes multiple positions within insurance companies from field to regionalleaderships to a corporate safety director. Scott currently is a member or office holder in the Ameri- can Society of Safety Engineers, National Fire Protection Association, Florida Municipalities for Safety and Health, and American Legion. Mr. Jay R. Goldrick, CWC, RMPE Workers' Compensation Claims Manager c Mr. Goldrick is responsible for Workers' Compensation claims oversight of FLOC and is a Board Certified Workers' Compensation Professional with 18 years experience in Safety, Risk Control, and Claims man- agement. He has a Bachelors degree in Finance from Florida State University and additional course work towards his Masters in Business Administration. He was a commissioned officer in the U.S. Air Force, reaching the rank of Captain and earned his flight wings by graduating third in his class from flight school. He distinguished himself by being assigned to the flight crew of the commander of the U.S. Cen- tral Command prior to Desert Shield and Desert Storm. For five years he was the Risk Manager for the City of Orlando and is a candidate for an ARM designation. He has an all-lines adjuster license and is a former Board member of the Central Florida RIMS Association. Mr. Crosby Coleman, AIC, CWC, CWCl, RMPE Property & liability Claims Manager c Crosby Coleman has had experience serving as the Property & Liability Claims Manager and Director of Workers' Compensation Claims, working for the Florida League of Cities since 1995. He is responsible for administering the Property & Liability department, which handles claims for the various governmental entities throughout Florida. Prior to coming to the league, Crosby worked with American States Insur- ance as a Senior Claims Representative for 11 years handling heavy litigation. Crosby began his career in the claims profession with Liberty Mutual in 1980. He graduated with a Bachelor's Degree in Business Administration from Bethune Cookman College in 1976 and has completed various advanced claims/insurance related coursework including the Risk Management for Public Entities (RMPE) designa- tion, Associate In Claims (Ale) designation, completion of the Board Certification Program in Workers' Compensation (CWe) and completion of the Certification in Workers Compensation Litigation Program (CWCl). c Florida League of Cities, Inc., Department of Insurance and Financial Services 125 East Colonial Drive, Orlando, Fl 32801 Main, 407-425-9142 Toll Free: 800-445-6248 Fax: 407-425-9378 www.flcities.com/i nsurance DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES KEY STAFF BIOGRAPHIES Mr. Jim McGinn, CPCU, RMPE Account Executive - South Territory Jim McGinn is an account executive for the Department of Insurance and Financial Services of the Florida League of Cities. Mr. McGinn comes from Coopersburg, Pennsylvania. He is a 1992 gradu- ate of King's College in Wilkes-Barre, PA with a Bachelors Degree in Accounting. An avid sports en- thusiast, Jim played football for King's College, and also played rugby for a club sport. Prior to join- ing the Florida League of Cities in October 2005, Jim worked for Penn Miller Insurance Company for eight years in the capacity of a marketing representative as well as a commercial lines underwriter. In addition, Mr. McGinn earned his CPCU designation in August 2004 and is currently pursuing his ARM-P designation. He currently holds the State of Florida insurance licenses for General Lines, and Life and Health. ~ Mrs. Dorothy B. Rollins Underwriter - South Territory Mrs. Rollins is responsible for overseeing the quotes, new business, endorsements, renewals and audit processes of the South Team for the Florida League of Cities. Dorothy joined the Florida League of Cities in July of 2006 from CNA Insurance Company where she was responsible for main- taining risk management and special policies. Dorothy has more than 10 years property and casualty insurance experience.Dorothy earned her Bachelor's Degree in Management from Myers University and her Masters Degree in Business Administration from the University of Phoenix. She is always looking to increase her knowledge of insurance by taking classes offered by the Insurance Institute of America where she has received certificates for Risk Management for Public Entities (RMPE) and General Insurance (INS). Mrs. Rollins is currently pursuing her Associate in Risk Management for Public Entities (ARM-P) and CPCU designations. Mr. Ronald E. Peters Risk Control Consultant Mr. Peters handles Risk Control operations for the southernmost area of Florida and any operations that require a Construction Safety expertise. He has a great talent for finding the areas of improve- ment and using his consultation skills to work with all participants to find cost effective resolu- tions. His experience includes heading up the safety and health operations at two construction companies, providing safety and health training for both non-construction and construction opera- tions, and providing consultative services on ways of improving risk conditions. Also, he has experi- ence as a company owner and operator, a videographerjeditor, and did a tour of duty with the United States Air Force. c c 'W c _CITY OF ORLANDO ECONOMIC DEVELOPMENT. PERMITTING Local Business Tax Receipt City Hall, 400 South Orange Avenue, First Floor Post Office Box 4990 Orlando, Fl. 32802-4990 Phone: 407,246,2204 Fax: 407,246,3420 PROMPT! Interactive Voice Response System: 407,246.4444 Visit our website: www,CityofOrlando,netJpermits FLORIDA LEAGUE OF CITIES INC ':"lr 1;'.0 Bo~53(1)65 ., ~~ i.: ,~- ORLANDO Fi "201;3' -t .. .:: -. ... ~ - ~ .... ~ ........ .....: ~: ': ::: - 5 ~'!'~~ ~- ';, _ : : :: : : ii ,i r . ,:. ~ ~.".,'~.. ~~I'., ~~~;; '~: ,<' .. .jo.,).Busi!1ess Type(s);,. 'I 1 .' J : :. - BUSOf.F 9990~8(fSINESSOFFICE ~_ '.1 - ... ,.. ",I ~:~ L...... . I".-.'.{'~. ;., ",:_, :::. ., :.:~~--.....;~ " '~~~"" . I. . . ~ ,-'It ~:: -' - ... Ji,.' ,- f. ,~~...:~ --, b' ' . _..,.... . .IPl.~.I'tll -~. ':..-oA':li'" " ,. - ~~....---.... ".... _.. ~~.... - ~~ '\'..l;IIiI~=; ~i j'C. ~J~'~~ ~' ;:" ~j"...!l'J '" \lE;":::.:d' . 41 , ~ ~.:-_~~ .'"'~'", . 'us 1....M"r~ .. .,........ 'j'l.;J.ol;...;l . ..~.... .,,.,.... .. ~', ~\i'\,~~'.a~:1..1~~ .....' .~., ~~~g.~~;:'~lo.v..,;-. . l \ S....-'Ulif"""I"............ ',' ~uef' ~ ~..:~.. ~,f'.\'.;~i.. . ~;'tfL,;"f i'f.;~:;,~,~,j~;, (~. .a..: J ' .... 'F' ~'C", " itA . ' .>\;< CITY OF ORLANDO ECONOMIC DEVELOPMENT PERMITTING SERVICES LOCAL BUSINESS TAX RECEIPT (Formerly known as "Business license, changed per slale law HBI269-2006) ~_ _- ,: I' " : II; Issu~d Dale: 10/D1,'2010 Ex'Pir.hk.1l Date: 09/30/2011 iZ..r- ~ r~ ,. j ": . :': ,~ . 'l '!' Business Name i'J!'" . ~.-: ;;;.' 2010-2011 ~OTlCE- THIS RECEIPT ONLY EVIDENCES PAYMENT OF THE LOCAL BUSINESS TAX PURSUANT TO CH, 205, flORIDA STATUTES, IT DDES NDT PERMIT THE HDLDER TO DPERATE IN VIDLATIDN DF ANY CITY, STATE, OR FEDERAL LAW. CITY PERMITTING MUST BE NOTIFIED DF ANY MATERIAL CHANGE TO THE INFDRMATION FOUND HEREIN BELOW. THIS RECEIPT DOES NDT CONSTITUTE AN ENDORSEMENT OR APPRDVAL OF'THE HOLDER:S ~KILL OR CDMPETENCY. H II Iii I ,II ~ "" '11 ., 'l/ "I' Case Number: ........,[ 'BUS00217ds-001 'f' ~ .;~ ~I ,I. ~....";_____ .. ;'1; I r .-:' -r. I =~~u~ineS~j~wn~r mllflff~~:~:~~~'~ ~' I"" - l "l ~'1LORIDA LEAlfUE ~r.P)T.LES INC. e -;:. 'L::' ...~'==...~;;:.1:...... ",' ,.,~ ' tJ.,' r'"" ..... . -- '~'l..~ J:. Business Location: =-." '- '- _.:1, c.,."fL t:1'.... '.. . ~ ....?'-:':t ~_.._~ r' " ; ~-!l;.,J .~:~> ~J =arl K. WOOd, lax (;Ollector Local tsusmess I ax Kecelpt urange (;ounty, t-lonoCl rhis local business tax receipt is in addition to and not in lieu of any other tax required by law or municipal ordinance. Businesses are subject to regulation of zoning, health and othe awful authorities, This receipt is valid from October 1 through September 30 of receipt year, Delinquent penalty is added October 1. ***ORIGINAL*** 2010 EXPIRES 9/30/2011 5000-0974117 5000 BUSINESS OFFICE $50.00 125 EMPLOYEES: c SITTIG MIKE EX DIRECTOR TOTAL TAX PREVIOUSLY PAID TOTAL DUE $50.00 $50.00 $0,00 FLORIDA LEAGUE OF CITIES INC SITTIG MIKE EX DIRECTOR 125 E COLONIAL DR ORLANDO FL 32801-1201 125 E COLONIAL DR A - ORLANDO, 32853 PAID: $50.00 99-486479 9/20/2010 Earl K. Wood, Tax Collector Local Business Tax Receipt Orange County, Floridc rhis local business tax receipt is in addition to and not in lieu of any other tax required by law or municipal ordinance, Businesses are subject to regulation of zoning, health and othe awful authorities, This receipt is valid from October 1 through September 30 of receipt year. Delinquent penalty is added October 1, ***ORIGINAL*** 2010 EXPIRES 9/30/2011 5000-0974117 5000 BUSINESS OFFICE $50.00 125 EMPLOYEES: TOTAL TAX C""~EVIOUSL Y PAID TAL DUE $50.00 $50.00 $000 FLORIDA LEAGUE OF CITIES INC SITTIG MIKE EX DIRECTOR 125 E COLONIAL DR ORLANDO FL 32801-1201 125 E COLONIAL DR A - ORLANDO, 32853 PAID: $50.00 99-486479 9/20/2P10 This receipt is official when validated by the Tax Collector, c c RESIDENT LICENSE TOM GALLAGHER Chief Financia!c.QfHcer Sla~e.QtFr'o;;M ,'o'f; " '" .' ~ ,'l-' _~-- "._' I . JAMES,JUOE MCGINN"'" ,. Li~en;e' N"Um~f.{POf4s5fi:..i,~-:," IS ~lo~TtE~F~LCl'NlHG ~~~:~RANCE Gene~ Li~s (P~op & casu)c002/11/2006 :: ~l~l*\:; '-L ,..,-",,' ' .:~ s~~~'~;~/':' "J' . "~"':t:: ..... .....p,~ :~"'_:.-,:,~ ~',.,>1 . ~ ~ lr 1:' " .'~"":r~ ".~X~ ., t~, .~:"r' ""tot.;"':, ~.:t.;!~ r ".~... ! :-':'; .J:-! ':"! --; -]<.-'!'''' ~ c c c Florida League of Cities, Inc., Department of Insurance and Financial Services 125 East Colonial Drive, Orlando, FL 32801 Main, 407-425-9142 Toll Free, 1-800-445-6248 Fax, 407-425-9378 www.f1cities.com/lnsuronce DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES () c APPROACH/METHODOLOGY . The Florida League of Cities administers the Florida Municipal Insur- ance Trust and is the program of choice for approximately 60% of the municipalities in Florida. . The FMIT is governed by elected officials and solely serves public sector clients. We are headquartered in Orlando, Florida and employ over 100 people. The Trust maintains superior financial stability with over $420 million in total assets and $225 million in surplus. We were the first Trust to begin operations in Florida in 1977. We are the larg- est Trust operating in Florida in the public sector. . The FMIT's policy forms are customized based on the needs of our member municipalities and offer coverages that can not be obtained in the commercial marketplace. The FMIT directly administers and set- tles claims. . In addition, the FMIT has developed a comprehensive Disaster Recov- ery Program through its exclusive partnership with SimpliCity and TurnKey Recovery service. These programs assist a City with better preparation before and event and establish a complete customized re- covery plan with the City to expedite your recovery time and to im- prove cash flow by directing paying pre-approved vendors. . The FMIT, being familiar with municipal needs and demands is fully prepared to meet all desired deadlines and time lines. . The FMIT offers various deductible and/or Self Insured Retention op- tions that vary with each municipality, their claims history and risk tol- erance. We meet individually with each risk to determine the best value and best risk appetite fit for these options. We would look for- ward to reviewing each option with your City. c Florida League of Cities, Inc., Department of Insurance and Financial Services 125 East Colonial Drive, Orlando, FL 32801 Main, 407-425-9142 Toll Free, 1-800-445-6248 Fax, 407-425-9378 www.f1cities.com/lnsurance DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES c c . The FMIT would directly quote your insurance within our own pro- gram. For any specific additional insurance needs we can access the market through dedicated brokers. We are the insurance company, not an insurance broker. . Our workers compensation claims unit is located in our Orlando office and is fully prepared to work with the City to fairly and quickly re- solve all claims that occur. Our Special Investigations Unit (SIU) has been recognized by the Governor of Florida in our efforts to combat workers compensation fraud. . In addition, we have 6 full time Risk Control specialists to assist the City in the development and implementation of safety programs, return to work programs and specific training to reduce the frequency of claims by your workers. c c c c...GUE 0, ,,~ ('"~ ~.. ~ ~ ~..,. Q:-- ..- 0==-- ===:I Z IIIi Department of Insurance And Financial Services FLORIDA MUNICIPAL INSURANCE TRUST COVERAGE PROPOSAL FOR CITY OF SUNNY ISLES BEACH PROPOSED EFFECTIVE DATE: October 1, 2011 ADMINISTERED AND PREPARED BY: DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES OF THE FLORIDA LEAGUE OF CITIES, INC, P,O, BOX 530065 ORLANDO, FL 32853-0065 August 18, 2011 "The Florida Municipal Insurance Trust Guarantee" The FMITwill match any competitor's pricing for similar exposures, coverages, terms and conditions contingent on the ability of the competitor to verify that their rates are established by an independent actuary and that their reinsurance structure is currently in place. The competitor's reinsurer must have an AM Best rating of an A X or better. A specimen agreement is attached, This proposal contains a brief, general description of coverages, It is not intended to describe or cover all the terms, limits, conditions and exclusions of the agreement. The FMIT agreement language will supersede any differences between the agreement and this proposal summary . c c c FLORIDA MUNICIPAL INSURANCE TRUST RFP No, 11-08-01 FLORIDA MUNICIPAL INSURANCE TRUST Proposal for 2011-2012 Department of Insurance and Financial Services City of Sunny Isles Beach PROPERTY COVERAGE Limit Blanket Real & Personal Property $36,246,450 Note: Property on a Blanket/Agreed Value basis requires a current appraisal to maintain both, Electronic Data Processing: - Equipment: - Software: - Equipment Breakdown: Included in Contents Included in Contents Included in Contents Coinsurance: Agreed Amount Values: 100% Valuation Basis: Replacement Cost Coverage Form: Special Deductibles: $5,000 Per Occurrence - Real & Personal Property, Other Property For locations within 1/2 mile of Coastal Waters, windstorm damage (other than a Named Storm) shall be $25,000 or the stated policy deductible, whichever is greater, For locations within 1/2 mile of Coastal Waters, the Named Storm deductible shall be 5% of the scheduled value, $25,000 or the stated policy deductible, whichever is greater, Named Storm Deductible is 5% of the scheduled Building, Personal Property, Other Property (including property in the open) and Business Income, The percentages calculated using the Schedule of Values on file with FMIT, The Named Storm deductible is calculated separately and applied individually to each Building, Personal Property, Other Property and Business Income. The minimum deductible is 5% of the scheduled value or the stated policy deductible, whichever is greater. Business Income deductible is 72 hours. Valuable Papers Deductible: $5,000 $1,000,000 (Note: the limit stated is in addition to the limit shown on page 2 of proposal) FLORIDA MUNICIPAL INSURANCE TRUST RFP No. 11-08-01 c PROPERTY COVERAGE EXTENSIONS: >- >- C >- >- >- >- >- >- >- >- >- >- >- ~ ~ ~ ~ c >- Excess Flood Coverage o Flood Zones A & V excess of NFIP o Other Flood Zones - $100,000 deductible >- Terrorism >- Unintentional Errors & Omissions >- Newly Acquired or Constructed Property >- Newly Acquired Business Personal Property >- Business Income >- Extra Expense >- Valuable Papers & Records >- Signs - Not attached to Buildings o Vehicular damage to signs maximum of $10,000 >- Accounts Receivable >- Police Dogs & Horses o Death in line of duty - $5,000 o Annual Maximum - $25,000 Electronic Data Processing Equipment (Software) Antiques & Objects of Art o $15,000 per item o $250,000 Annual Maximum Off Premises Power Failure Pollutant Clean Up & Removal Fungus Clean Up & Removal Personal Property Off Premises Personal Property of Others Preservation of Property Service Interruption Coverage Property In Transit Fire Extinguisher Recharge Debris Removal Building Ordinance Coverage, Including Demolition Outdoor Fixtures - applies to covered property within 1,000 feet of described building. Please see form FMIT PROP 03 1112 for complete definition and policy conditions. Leasehold interest Arson Reward Recertification of Equipment 2 $4,500,000 $5,000,000 $2,000,000 $500,000 $500,000 $1,000,000 $500,000 $25,000 $500,000 $250,000 $100,000 $100,000 $25,000 $250,000 $50,000 $100,000 $100,000 $250,000 25% of Loss 25% of Loss $100,000 $5,000 $250/Day c c c FLORIDA MUNICIPAL INSURANCE TRUST RFP No, 11-08-01 INLAND MARINE COVERAGE: Scheduled Inland Marine Equipment Deductible: $5,000 $450,240 Items greater than $50,000 have $5,000 deductible or 2% of the item's scheduled limit, whichever is greater. Blanket Inland Marine Equipment Items under $15,000 Deductible: $500 Blanket Inland Marine coverage is defined as: Coverage for all unscheduled Inland Marine equipment, Emergency Portable Equipment and Communications Equipment valued at $15,000 or less is subject to $500 deductible. (All Watercraft must be scheduled,) Limit of Liability - $1,000,000. Coverage Basis: Actual Cash Value INLAND MARINE COVERAGE EXTENSIONS: > Rental Reimbursement for Contractor's Equipment for Covered Loss > Limited Contractor's Equipment Cost > Installation Floater - Member's Building Materials 3 $5,000 $250,000 $100,000 c c c FLORIDA MUNICIPAL INSURANCE TRUST RFP No. 11-08-01 EQUIPMENT BREAKDOWN COVERAGE Subject to any applicable limits on the Declarations of Building and Personal Property Coverage, the Equipment Breakdown Limit is the most we will pay for loss or damage arising from any "one accident." These coverages apply to all locations covered on the policy, unless otherwise specified. I. Coverages Limits Equipment Breakdown Limit Real & Personal Property Limit shown in proposal, Maximum Limit: $50,000,000. Business Income Subject to the Business Income Limit shown in proposal. Extra Expense Subject to the Extra Expense Limit shown in proposal. Expediting Expense $250,000 Hazardous Substances $100,000 Spoilage $250,000 Data Restoration $250,000 Service Interruption (Must exceed 24 hours.) Included Water Damage Included in Property Coverage, II. Deductibles Direct Coverages Subject to the Real & Personal deductible shown in proposal. Indirect Coverages Subject to the appropriate Time Element deductible shown in proposal. III. Other Conditions "Covered Equipment" does not include equipment primarily used to generate electric power; however, this exclusion does not apply to emergency generators. 4 c c c FLORIDA MUNICIPAL INSURANCE TRUST RFP No, 11-08-01 GENERAL LIABILITY COVERAGE Comprehensive General Liability Limits Limit Per Occurrence: Annual Aggregate: Deductible: $5,000,000 U.nlimited $0 Public Officials E & 0 I Employment Practices Liability Limits Limit Per Occurrence: Annual Aggregate: Deductible: $5,000,000 Unlimited $0 Police Professional Liability Limits Limit Per Occurrence: Annual Aggregate: Deductible: $5,000,000 Unlimited $0 Note: For Members that choose a deductible - Members are only responsible for the deductible if a judgment or settlement occurs, Legal expenses are outside the deductible and paid solely by the Trust for General Liability and I or Automobile Liability. Important Note: The deletion of any of the above coverages does not automatically reduce the premium, These premiums are based on all of the above coverages. Any deletions of coverage will alter the experience modification factor originally used and may result in a higher premium. 5 c c c FLORIDA MUNICIPAL INSURANCE TRUST RFP No. 11-08-01 ADDITIONAL BENEFITS: ~ Defense Costs paid in addition to policy limits ~ Premises Operations ~ Products/Completed Operations ~ Contractual Liability (Designated Contracts Only) ~ Owners & Contractors' Protective Liability ~ Personal Injury Liability ~ Host Liquor Liability ~ Incidental Medical Malpractice Liability ~ Watercraft Liability ~ Fire Legal Liability - $500,000 Limit ~ Broad Form Property Damage - Maximum $500,000 in anyone Trust Year ~ Advertising Injury Liability ~ Employment Practices Liability ~ Employee Benefits Program Administration Liability ~ Extra Contractual Legal Expense - $100,000 Limit o (EEOC, Florida Commission on Human Resources, Ethics, Sunshine Law) o No-fault Sewer Backup ~ Crisis Intervention ~ HR Helpline - Full Legal Support and Online Services 6 c c c AUTOMOBILE COVERAGE Comprehensive Automobile Liability Deductible: Personal Injury Protection Deductible: Medical Payments Deductible: Uninsured Motorists Protection Deductible: Automobile Physical Damage Comprehensive Coverage Collision Coverage Coverage Includes: ~ Hired & Non-Owned Liability ~ Rental Reimbursement - scheduled vehicles ~ Lease Differential - scheduled vehicles ~ Limited Replacement Cost - owned private passenger vehicles ~ Member's Personal Effects FLORIDA MUNICIPAL INSURANCE TRUST RFP No, 11-08-01 Limits $5,000,000 $0 $10,000 $0 $3,000 $0 $100,000 $0 $1,000 Deductible $1,000 Deductible Note: For Members that choose a deductible - Members are only responsible for the deductible if a judgment or settlement occurs, Legal expenses are outside the deductible and paid solely by the Trust for General Liability and / or Automobile Liability, 7 c c c FLORIDA MUNICIPAL INSURANCE TRUST RFP No. 11-08-01 CRIME & BOND COVERAGE Limits Honesty Blanket Bond Deductible: $1,000,000 $1,000 Crime: Money - Loss Inside Deductible: $250,000 $5,000 Money - Loss Outside Deductible: $250,000 $5,000 Computer Fraud Deductible: $250,000 $0 Depositors Forgery Deductible: $250,000 $1,000 'Certain Officers and Subordinates are excluded automatically from coverage by the terms of the designated Blanket Bonds: 1. All Coverages - Finance Directors, Treasurers and Tax Collectors by whatever title known, 2. Faithful Performance Coverages - Personnel required by law to furnish an individual bond to qualify for office (Policemen excluded), 3. Honesty Coverages - Personnel required by law to give bond for faithful performance duties. 8 c c c FLORIDA MUNICIPAL INSURANCE TRUST RFP No. 11-08-01 WORKERS' COMPENSATION PAYROLLS Workers' Compensation Employers Liability Limit Statutory $1,000,000 I $1,000,000 I $1,000,000 CODE DESCRIPTION PAYROLL 7382 BUS DRIVERS 225,449 7720 POLICE OFFICERS 3,646,860 8810 CLERICAL 2,547,828 8820 ATTORNEY - ALL EMPLOYEES 281,063 9015 BUilDINGS - OPERATION BY OWNER 930,782 9102 PARK NOC 842,871 9402 SEWER CLEANING 119,480 9410 MUNICIPAL, TOWNSHIP, COUNTY EMPLOYEES NOC 644.791 TOTAL PAYROll 9,239,124 Deductible: $0 Experience Modification Factor: 1.09 Safety Credit: Yes Drug Free Credit: Yes The Workers' Compensation premium is subject to adjustment when the October 1, 2011 experience modification is received, Premium calculation includes 5% Drugfree Credit and 2% Safety Credit - Requires receipt of approved applications, 9 o c c FLORIDA MUNICIPAL INSURANCE TRUST RFP No, 11-08-01 PREMIUM SUMMARY Coverage Line Annual Premium Blanket Real & Personal Property $215,423 Inland Marine INCLUDED Equipment Breakdown Coverage INCLUDED Crime & Bond Coverage INCLUDED General Liability Coverage $35,501 Public Officials E&O / Employment Practices Liability $27,959 Police Professional Liability $44,143 Automobile Coverage $102,625 Workers' Compensation Coverage $135,194 I Total FMIT Premium $560,844 THE FOLLOWING COVERAGE(S) ARE BILLED SEPARATELY ON AN ANNUAL BASIS AND WILL NOT BE INCLUDED IN THE QUARTERLY INSTALLMENT INVOICE FOR THE FMIT: Accidental Death and Dismemberment: Bond (Position Schedule - $500,000 Finance Director): Bond (Position Schedule - $1,000,000 Finance Director): Bond (Position Schedule - $1,000,000 City Manager): Primary Flood Accident Storaae Tank Liabilitv: GRAND TOTAL PREMIUM 10 $1,868 $1,437 $2,804 $3,191 TBD TBD TBD $570,144 c c c FLORIDA MUNICIPAL INSURANCE TRUST RFP No, 11-08-01 INTEREST FREE INSTALLMENT PLAN First Installment Second Installment Third Installment Fourth Installment 25% minimum due 25% minimum due 25% minimum due 25% minimum due October 1, 2011 January 1, 2012 April 1 , 2012 July 1, 2012 Payment will be forwarded to the Florida League of Cities in Tallahassee Note: Coverage summaries provided herein are intended as an outline of coverage only and are necessarily brief, In the event of loss, all terms, conditions, and exclusions of actual Agreement and/or Policies will apply, 11 c c c FLORIDA MUNICIPAL INSURANCE TRUST RFP No, 11-08-01 DEDUCTIBLE I LIMIT OPTIONS General Liability, Errors & Omissions and Police Professional Liability $5,000,000 Combined Single Limit Deductible Premium $0 $107,602 $2,500 $105,688 Automobile Liability $5,000,000 Combined Single Limit Deductible Premium $0 $78,841 $5,000 $73,949 Workers' Compensation Deductible $0 $2,500 Premium $135,194 $126,057 12 c c c FLORIDA MUNICIPAL INSURANCE TRUST RFP No. 11-08-01 STATUTORY AD&D THE FOLLOWING IS A SUMMARY OF FEA TURES ONL Y & DOES NOT COVER ALL TERMS, CONDITIONS AND LIMIT A TlONS. THE ISSUED POLICY WILL GOVERN IN ALL CASES. QUOTE FOR: City of Sunny Isles Beach INSURER: National Union Fire Insurance Company of Pittsburgh PA LIMIT OF LIABILITY: $67,340 $67,340 $191,660 Principal Sum - In Line of Duty Principal Sum - Fresh Pursuit Principal Sum - Unlawful or Intentional Death PROPOSED EFFECTIVE DATE: 10/1/2011 TO 10/1/2012 THE FOLLOWING COVERAGES ARE INCLUDED: 1. Accidental Death & Dismemberment on each component. 2. Tuberculosis, heart disease or hypertension, hepatitis, meningococcal meningitis. 3. Weekly Accident Indemnity - $100.00/week, maximum 52 weeks. Coordinates with workers' compensation. Intentional act only, 4. Day Care Benefit - $2,000/yr, max 2 years. Currently enrolled in day care, 5. Education Benefit - $2,000/yr, max 2 years. Currently enrolled in an institution of higher learning. 6. Medical Insurance Continuation/Catastrophic Injury 440,02 (34) F.S. - Maximum $5,000,00 per year. Maximum years - 5. 7, Burial Benefit - $1,000. Intentional Death only. PERSONS COVERED' I. Police Full-Time Auxiliary Officers, Reserves, Volunteers Administrative 48 1 8 III. All Other Employees 98 All Other Employees TOTAL PREMIUM: $1,868.00 Annual 13 c c c BONDS FLORIDA MUNICIPAL INSURANCE TRUST RFP No, 11-08-01 **PREMIUM SUBJECT TO ADJUSTMENT ONCE COMPLETED AND SIGNED APPLlCA TlON RECEIVED AND REVIEWED BY UNDERWRITING** QUOTE FOR: City of Sunny Isles Beach INSURER: Travelers Casualty and Surety Company of America POSITION SCHEDULE BOND: Limit of Liability: Deductible: Position Covered: Premium: (Subject to adjustment once completed and signed application received and reviewed by Underwriting) $500,000 $0 Finance Director $1.437.00 SUBJECT TO RECEIPT OF COMPLETED APPLICATION AND FINAL APPROVAL BY TRAVELERS CASUALTY AND SURETY. 14 c c c BONDS FLORIDA MUNICIPAL INSURANCE TRUST RFP No. 11-08-01 ..PREMIUM SUBJECT TO ADJUSTMENT ONCE COMPLETED AND SIGNED APPLlCA nON RECEIVED AND REVIEWED BY UNDERWRITING" QUOTE FOR: City of Sunny Isles Beach INSURER: Travelers Casualty and Surety Company of America POSITION SCHEDULE BOND: Limit of Liability: Deductible: Position Covered: Premium: (Subject to adjustment once completed and signed application received and reviewed by Underwriting) $1,000,000 $0 Finance Director $2.804.00 SUBJECT TO RECEIPT OF COMPLETED APPLICATION AND FINAL APPROVAL BY TRAVELERS CASUALTY AND SURETY. 15 c c c BONDS FLORIDA MUNICIPAL INSURANCE TRUST RFP No. 11-08-01 ..PREMIUM SUBJECT TO ADJUSTMENT ONCE COMPLETED AND SIGNED APPLlCA TION RECEIVED AND REVIEWED BY UNDERWRITING.. QUOTE FOR: City of Sunny Isles Beach INSURER: Travelers Casualty and Surety Company of America POSITION SCHEDULE BOND: Limit of Liability: Deductible: Position Covered: Premium: (Subject to adjustment once completed and signed application received and reviewed by Underwriting) $1,000,000 $0 City Manager $3.191.00 SUBJECT TO RECEIPT OF COMPLETED APPLICATION AND FINAL APPROVAL BY TRAVELERS CASUALTY AND SURETY. 16 FLORIDA MUNICIPAL INSURANCE TRUST RFP No, 11-08-01 c PETROLEUM STORAGE TANK LIABILITY, CORRECTIVE ACTION AND CLEAN-UP COSTS COVERAGE **QUOTE CAN BE CONSIDERED WITH A COMPLETED, SIGNED AND DATED AGENT OF RECORD I BROKER OF RECORD LETTER ON MUNICIPALITY LETTERHEAD. CONSIDERATION WILL NEED TO BE APPROVED BY THE STORAGE TANK LIABILITY INSURANCE CARRIER.** NAME: City of Sunny Isles Beach INSURER: Illinois Union National Insurance Company POLICY PERIOD: One Year from Inception LIMIT OF LIABILITY: To Be Determined DEDUCTIBLE: To Be Determined PREMIUM: To Be Determined (""See below) To Be Determined (Additional premium for Terrorism Risk Insurance Act) c No midterm credit for tank upgrade or removal. THIS POLICY IS WRITTEN ON A CLAIMS MADE FORMAT. PRIOR ACTS COVERAGE IS NOT OFFERED. The coverage available through Illinois Union Insurance Company will be for liability for bodily injury and property damage to third-parties and corrective action as a result of an incident of inland contamination as defined by Florida Statute. Coverage will be for scheduled tanks at scheduled sites only. This policy is subject to a retroactive date which bars coverage for conditions existing prior to the inception of the policy. c 17 c c c FLORIDA MUNICIPAL INSURANCE TRUST RFP No, 11-08-01 PRIMARY FLOOD ..QUOTE CAN BE CONSIDERED WITH A COMPLETED, SIGNED AND DA TED AGENT OF RECORD / BROKER OF RECORD LETTER ON MUNICIPALITY LETTERHEAD AND A COPY OF THE CURRENT / ACTIVE DECLARA TION PAGE(S). CONSIDERA TION WILL NEED TO BE APPROVED BY THE PRIMARY FLOOD INSURANCE CARRIER." NAME: City of Sunny Isles Beach INSURER: American Bankers Insurance Company of Florida POLICY PERIOD: One Year from Inception LIMIT OF LIABILITY: To Be Determined DEDUCTIBLE: To Be Determined PREMIUM: To Be Determined 18 c FLORIDA MUNICIPAL INSURANCE TRUST RFP No, 11-08-01 ACCIDENT ""QUOTE CAN BE PROVIDED ONCE COMPLETED AND SIGNED APPLlCA TION IS SUBMITTED AND REVIEWED."" NAME: INSURER: POLICY PERIOD: PERSONS COVERED: PREMIUM: c \:) City of Sunny Isles Beach National Union Fire Insurance Company of Pittsburgh PA One Year from Inception To Be Determined To Be Determined 19 FLORIDA MUNICIPAL INSURANCE TRUST RFP No, 11-08-01 c SERVICES INCLUDED BY FLORIDA LEAGUE OF CITIES & FMIT The Florida League of Cities and the Florida Municipal Insurance Trust are pleased to be able to provide more than "just" insurance for your premiums. As you consider our coverages and premiums, please consider the following services that will be provided as well: Return of Premium - FMIT Members are owners of the FMIT. This payment to our Members is an example of owners assessing the strength of their program and making decisions to benefit all Members. Over the past 4 years the Board of Directors has approved the returns to our "owners" in excess of $28,000,000. VALUE TO YOU: $ c Safety Grants - The FMIT offers cost sharing grants to our Members for projects that improve safety, These grants are for up to $5,000 and are subject to approval by an appointed Board of Risk Managers from our insured Cities. You have received the following Grants: VALUE TO YOU: $ c 20 c c c FLORIDA MUNICIPAL INSURANCE TRUST RFP No, 11-08-01 SimpliCity - FMIT Members face unique challenges when maintaining accurate schedule of values, tracking assets, overseeing projects, coordinating vendor services and documenting the property claims process. SimpliCity was developed exclusively for FMIT Members to address these needs and to speed the claim and recovery process. VALUE TO YOU: $ TurnKey Recovery - In an effort to improve the mitigation process and significantly reduce the financial impact of a loss can have on a Member's ability to recover, FMIT TurnKey Recovery Program is offered to Members, Project costs are approved and paid to certified vendors directly by Synergy for the FMIT in order to reduce Member's out-of-pocket costs. FMIT TurnKey Recovery helps to minimize the financial exposure the SOV Claims can have on Members net cash-flow by eliminating the recovery cost burden and the reimbursement process. VALUE TO YOU: $ Special Investigations Unit (SIU) - Insurance fraud costs each Florida family approximately $1,400 a year in additional premiums, and is the number two white collar crime in America. The Special Investigation Unit (SIU) was created in 1999 to investigate suspected fraud to help reduce the cost and amount of fraud for the Florida Municipal Insurance Trust (FMIT) Members, As of 201 0, fraud investigations and prosecutions have resulted in over $5.5 million in cost savings and more that $1.8 million dollars in restitution ordered on FMIT claims, The SI U was recognized by the State of Florida Governor and Cabinet in 2009 for its work in the fight against insurance fraud, VALUE TO YOU: $ Per Scheduled Unit Deductible - The FMIT Deductible applies to each scheduled Building, each scheduled Contents, and each scheduled Property In The Open instead of Per Location's Total Values. This greatly reduces your financial exposure in a named storm event. VALUE TO YOU: $ 21 ....C;UE 01 ...~ :;..--.... C'~ ~~ ~ ~ .". --a -- ~II=: -li.-~ !iIl.1! !rA.~ I!I nil! DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES c c c Florida League of Cities, Inc., Department of Insurance and Financial Services 125 East Colonial Drive, Orlando, FL 32801 Main, 407-425-9142 Toll Free, 1-800-445-6248 Fax, 407-425-9378 www.f1cities.com/lnsu ranee REFERENCES 1. CITY OF TAMARAC 7525 NW 88TH AVENUE TAMARAC, FL 33321 PATTI TOMASZEWSKI, 954-597-3614 2. CITY OF SUNRISE 1601 NW 136THAVENUE, BUILDING A, SUITE 102 S~SE,FL 33323 BILL MASON, 954-572-3496 3. VILLAGE OF PALM SPRINGS 226 CYPRESS LANE PALM SPRINGS, FL 33461 KARL UMBERGER, 561-965-4010 ~c(4~ James McGinn, CPCU, RMPE 954-61 0-5153 c c c Florida League of Cities, Inc., Department of Insurance and Financial Services 125 East Colonial Drive, Orlando, Fl 32801 Main: 407-425-9142 Toll Free, 1-800-445-6248 Fax, 407-425-9378 www.flcities.com/lnsuronce Online Account Management Demo A temporary login and password has been created for the City of Sunny Isles Beach to view what is offered for FMIT members online. Login: sunnyislesbeach Password: sunnyislesbeach This is a new service that is offered to FMIT members and is im- proved and updated regularly. Because this is a test account, some information will not be loaded. Options include: . Filing a claim online . Viewing policy documents . Viewing adjuster claims notes . Viewing the loss dashboard . Managing property and auto schedules . View provider list . Request a Group Health Explanation of Benefits . File a Group Health Grievance Appeal . Request Loss Runs . Certificate of Coverage c c c DELIVER TO: City of Sunny Isles Beach City Clerk 18070 Collins Avenue Sunny Isles Beach, FL 33160 Request for Proposal SECTION 6 BID SUBMITTAL FORMS OPENING: 10:00 A.M. 08/18/2011 PLEASE QUOTE PRICES F.O.B. DESTINATION, LESS TAXES, DELIVERED IN CITY OF SUNNY ISLES BEACH, FLORIDA NOTE: City of Sunny Isles Beach is exempt from all taxes (Federal, State, and Local). Bid price should be less all taxes. Tax Exemption Certificate furnished upon request. Issued by: Purchasing Agent Date Issued: 07/29/2011 This Bid Submittal Consists of Pages 20 through 23 Sealed bids are subject to the Terms and Conditions of this Invitation to Bid and the accompanying Bid Submittal. Such other contract provisions, specifications, drawings or other data as are attached or incorporated by reference in the Bid Submittal, will be received at the office of the City Clerk at the address shown above until the above stated time and date, and at that time, publicly opened for furnishing the supplies or services described in the accompanying Bid Submittal Requirement. IFB 11-08-01 Property & Casualty Comprehensive Insurance A Bid Deposit in the amount of 0% of the total amount of the bid shall accompany all bids A Performance Bond in the amount of 0% of the total amount of the bid will be required upon execution of the contract by the successful Proposer and City of Sunny Isles Beach Procurement Aaent: Marcanthony Tulloch Firm Name: Florida League of Cities, Inc. Commodity Code(s): RETURN ONE ORIGINAL AND TWO COPIES OF BID SUBMITIAL PAGES AND AFFIDAVITS FAILURE TO SIGN PAGE 23 OF SECTION 4 BID SUBMITTAL WILL RENDER YOUR BID NON- RESPONSIVE PAGE 20 OF 24 BID No, 11-08-01 c ,....... ~ c SECTION 4 BID SUBMITTAL FOR: ACKNOWLEDGEMENT OF ADDENDA INSTRUCTIONS: COMPLETE PART lOR PART II, WHICHEVER APPLIES PART I: LIST BELOW ARE THE DATES OF ISSUE FOR EACH ADDENDUM RECEIVED IN CONNECTION WITH THIS BID Addendum #1, Dated 8/15/11 Addendum #2, Dated 8/15/11 Addendum #3, Dated Addendum #4, Dated Addendum #5, Dated Addendum #6, Dated Addendum #7, Dated Addendum #8, Dated PART II: D NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID FIRM NAME: Florida League of Cities, Inc. AUTHORIZED SIGNATURE: 6~~I3-P~o(~ DATE: .P}tfpfl/J TITLE OF OFFICER: Underwriting Manager PAGE 21 OF 24 BID No, 11-08-01 c c c ~-.... & h'...' ._ Ir. ...:....~,.~I,.., " "I'';: ;, ~"'" .~, .~, I~' t . .... : I I.~~::o--. ., '..:-;::.: .-c..,.. ".' "~' -,--~;l.. , r..!":~~'Io.....~.... . ,. ....... l- BID SUBMITTAL FORM Bid Title: Property & Casualty Comprehensive Insurance The undersigned Proposers proposes and agrees, if this Bid is accepted, to enter into an agreement with The City of Sunny Isles Beach in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents, The Proposers accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Proposers, including without limitation those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for 90 days after the day of Bid opening. The Proposers agrees to sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within ten days after the date of the City's Notice of A ward. In submitting this Bid, the Proposer represents, as more fully set forth in the Agreement, that: . The Proposer has familiarized himself/herself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Law and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. . The Proposer has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions. . The Proposer has given the City written notice of all conflicts, errors, discrepancies that it has discovered in the Contract Documents and the written resolution thereof by City is acceptable to the Proposer. . This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; the Proposer has not directly or indirectly induced or solicited any other Proposers to submit a false or sham Bid; the Proposer has not solicited or induced any person, firm or corporation to refrain from Bidding; and Proposer has not sought by collusion to obtain for itself any advantage over any other Proposers or over the City. The City and the successful Proposer will establish completion times for each individual Work Item and the successful Proposer agrees that the work will be completed within the time frames agreed upon and stipulated in the individual Purchase Orders and/or Notice to Proceed. PAGE 22 OF 24 BID No, 11-08-01 c FIRM NAME: Florida League of Cities, Inc. Street Address: 125 E, Colonial Drive, Orlando, FL 32801 Mailing Address (if different): PO Box 530065, Orlando, FL 32853 Telephone No. 407-425-9142 E 'I Add jmcginn@flcities.com mal ress: Fax No. 407-425-9378 FEIN No. ~~0~~4lJ-1-1-1_ * "BY SIGNING THIS DOCUMENT THE PROPOSER AGREES TO ALL TERMS SIGNATURE: ~t4c//-f~ ~ ~ (SIGNATURE OF AUTHORIZED AGENT) PRINT NAME: Jim McGinn TmE: Account Executive THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO BE BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSAL NON-RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE PROPOSER TO THE TERMS OF ITS OFFER. c PAGE 23 OF 24 BID No, 11-08-01 c c c PAGE 24 OF 24 No 11-08-01 BID , OF SU\'l c c c STATE OF FLORIDA COUNTY OF Orange NON-COLLUSION AFFIDAVIT City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 The undersigned being first duly sworn as provided by law, deposes, and says: This Affidavit is made with the knowledge and intent that it is to be filed with the City of Sunny Isles Beach City Commission and that it will be relied upon by said County, in any consideration which may give to and any action it may take with respect to this Bid. The undersigned is authorized to make this Affidavit on behalf of, of which he is Florida League of Cities, Inc. (Name of Corporation, Partnership, Individual, etc,) a, , formed under the laws of Florida (State) (Type of Business) (Sole Owner, Partner, President, etc,) Neither the undersigned nor any person, firm, or corporation named in above Paragraph 10,2, nor anyone else to the knowledge of the undersigned, have themselves solicited or employed anyone else to solicit favorable action for this Bid by the City, also that no head of any department or employee therein, or any officer of the City of Sunny Isles Beach, Florida is directly interested therein, This Bid is genuine and not collusive or a sham; the person, firm or corporation named above in Paragraph 10.2 has not colluded, conspired, connived or agreed directly or indirectly with any proposers or person, firm or corporation, to put in a sham Bid, or that such person, firm or corporation, shall refrain from Bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference with any person, firm or corporation, to fix the prices of said Bid or Bids of any other proposers; and all statements contained in the Bid or Bids described above true; and further; neither the undersigned, nor the person, firm or corporation named above in Paragraph 10,2, has directly or indirectly submitted said Bid or the contents thereof, or divulged information or data relative thereto, to any association or to any member or agent thereof, Byron Beard AFFIANT'S NAME Underwriting Manager AFFIANT'S TITLE TAKEN, SWORN AND SUBSCRIBED TO BEFORE ME this ~ day of ~ lM:U\- Personally Known .-/ or Produced Identification Type of identification (Affix seal here) , 20111/ i?JoJ\CctR D. m ~\J-~-ewS'o;J NOTARY PUBLIC (name printed or typed) "~~~~~::~'" BARBARA D. MATHEWSON {'+:. .y\ Notary Public - State 01 Florida :' . . . = My Comm. Expires Jul 20 2013 ~":i"'- . ",,"~~ ~fi Commission" DO 874050 "1 OF f\'; ~, ,,,,,,,,,, Bonded Through Nallonal Notary Assn. DECEMBER 28, 2010 1 of 7 c PUBLIC ENTITY CRIMES City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a) FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES PUBLIC ENTITY CRIMES Pursuant to the provisions of paragraph (2) (a) of Section 287,133, Florida State Statutes - "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a public entity for the construction or repair of a public building or public Work, may not submit Bids on leases of real property to a public entity, may not be awarded to perform Work as a Contractor, supplier, Sub-Contractor, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Sec, 287,017, FS for thirty six months from the date of being placed on the convicted vendor list", THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 11.1. This sworn statement is submitted to Citv of Sunnv Isles Beach by Byron Beard, Underwriting Manager lonnt indiVidual's name and title I for Florida League of Cities, Inc. [print name at entity submitting sworn statement] c whose business address is: 125 E. Colonial Drive, Orlando, FL 32801 and (if applicable) its Federal Employer Identification number (FEIN) is 59-6001124 (If the entity had no FEIN, include the Social Security Number of the individual signing this sworn statement: ,) 11.2. I understand that a "public entity crime" as defined in Paragraph 287,133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any Bid or Contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation, 11.3. I understand that "convicted" or "conviction" as defined in Para, 287,133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trail court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere, 11.4. I understand that an "affiliate" as defined in Para, 287,133(1 )(a), Florida Statutes, means: a,) predecessor or successor of a person convicted of a public entity crime; or b,) Any entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime, The term "affiliate" includes those officers, directors, executors, partners, shareholders, employees, members, and agents who are active in the management of an affiliate, The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair 2 of 7 c DECEMBER 28, 2010 c market value under an arm's length agreement, shall be a prime facie case that one person controls another person, A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate, 11.5. I understand that a "person" as defined in Para, 287,133(1 )(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Contract and which Bids or applies to Bid on Contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity, The term "persons" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of any entity. 11.6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies.) x Neither the entity submitting this sworn statement, nor any of it's officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, c The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order,) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 11,1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED, I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287,017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY, CHANGE IN THE INFORMATION CONTAINED IN THIS FORM, By f>~Wl~~/t (Signal -oj ~t - Iv' - d (Printed Nam ) J ., I . ( j J tAAlI114WllT7N? /M~(l. (Title) Sworn to and subscribed before me this I:). day of o...~ ~- , 20-LL-, by ) ",-_c,.e . ---0 (A (?){LJ,(', Af'A iO.l)jf)\/~f 1~~~ c Personally Known Si,gnature: Notary Public - State of Florida !s:2A(2Q., A--Q A\). \II \it-+\\ (' wSo v--' Print or Type Commissioned Name V OR Produced Identification Type of Identification Produced 10/1998 3 of 7 c c c EQU AL OPPORTUNITY / AFFIRMATIVE ACTION City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 EQUAL OPPORTUNITY I AFFIRMATIVE ACTION STATEMENT The contractors and all subcontractors hereby agree to a commitment to the principles and practices of equal opportunity in employment and to comply with the letter and spirit of federal, state, and local laws and regulations prohibiting discrimination based on race, color, religion, national region, sex, age, handicap, marital status, and political affiliation or belief. Signed: I3rf-'A~ Title: Underwriting Manager Firm: Florida League of Cities, Inc. Address: 125 E. Colonial Drive, Orlando, FL 32801 DECEMBER 28, 2010 4 of? c c c CONFLICT OF INTEREST City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 OJ ,>ut\ CONFLICT OF INTEREST STATEMENT The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes, Proposers must disclose with their Bids, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of Sunny Isles Beach or its agencies, STATE OF FLORIDA Orange COUNTY OF , who was duly sworn, BEFORE ME, the undersigned authority, personally appeared deposes, and states: 18.1. I am the Underwriting Manager _ Florida League of Cities, Inc. _with a local office in - Orlando - Tallahassee 18.2. The above named entity is submitting a Bid for the City of Sunny Isles Beach, Bid No, 11-08-01 described as: Landscape Maintenance Services, The Affiant has made diligent inquiry and provides the information contained in this Affidavit based upon his own knowledge. of and principal office in 18.3 The Affiant states that only one submittal for the above Bid is being submitted and that the above named entity has no financial interest in other entities submitting Bids for the same project. 18.4 Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraints of free competitive pricing in connection with the entity's submittal for the above Bid, This statement restricts the discussion of pricing data until the completion of negotiations if necessary and execution of the Contract for this project. 18.5 Neither the entity nor its affiliates, nor anyone associated with them, is presently suspended or otherwise ineligible from participation in contract letting by any local, State, or Federal Agency. 18.6 Neither the entity, nor its affiliates, nor anyone associated with them have any potential conflict of interest due to any other clients, contracts, or property interests for this project. 18.71 certify that no member of the entity's ownership or management is presently applying for any employee position or actively seeking an elected position with the City of Sunny Isles Beach. 18.8 I certify that no member of the entity's ownership or management, or staff has a vested interest in any aspect of the City of Sunny Isles Beach. 18.9 In the event that a conflict of interest is identified in the provision of services, I, on behalf of the above named entity, will immediately notify the City of Sunny Isles Beach, /}fA U. T ( N1/fJ/)' \ AF I ri or Type Name and Title Sworn to and subscribed before me this I'd- day of C).'U"6~~1;- .~ Personally Known OR o Produced Identification ; Type of Identification ~M./~Q~ , 20t<l.tt L0.~~~~ NOTARY PUBLIC STATE OF FLORIDA - - - I ""~~~~l:::.;-,,, BARBARA D. MATHEWSON !~m" .'~\ Notary Public - State of Florida ~~.. :;ffi My Comm. Expires Jul20, 2013 ""':~^' ~~l Commission # DO 874050 'I,"'" f\'; ", B o ""',,, onded Through National Notary Assn, ~ ... - ~ I ~ DECEMBER 28, 2 50f7 c c c DISPUTE DISCLOSURE City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 DISPUTE DISCLOSURE FORM Answer the following questions by placing a "X" after "Yes" or "No". If you answer "Yes", please explain in the space provided, or on a separate sheet attached to this form. 19.1. Has your firm or any of its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulations or any other regulatory agency or professional associations within the last five (5) years? YES NO x 19.2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a contract or job related to the services your firm provides in the regular course of business within the last five (5) years? YES NO x 19.3. Has your firm had against it or filed any requests for equitable adjustment, contract claims, Bid protests, or litigation in the past five (5) years that is related to the services your firm provides in the regular course of business? YES NO X If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the monetary amounts of extended contract time involved. I hereby certify that all statements made are true and agree and understand that any misstatement or misrepresentation of falsification of facts shall be cause for forfeiture of rights for further consideration of this Bid for the City of Sunny Isles Beach. Florida League of Cities, Inc. Firm 13 ,M~d2- AUlhOriZ~ignalure - 1f~~/-'fJT / L, J.tJ II ate Byron Beard, Underwriting Manager Print or Type Name and Title DECEMBER 28, 2010 6 of 7 " c c ANTI-KICKBACK City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 Of ,>tJ~ ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) ) ) COUNTY OF Orange I, the undersigned, hereby duly sworn and deposed say that no portion of this sum herein Bid will be paid to any employees of the City of Sunny Isles Beach or its elected officials as a commission, kickback, reward or gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: /Jt~~/EACf Un erwntmg Manager Title: ~The foregoing instrument was acknowledged before me this Id-CAC day of ~~ , 20~, by ~t~/\vY\ G~nrv-~ , [name of p rson], as ~hAAAllA )-(~ ~"'- . [type of authority], for '-\-lcu-<u~ ~vJ.. ot G.J0:L~ [n me of party on behalf of whom instrument was executed] . AFFIX NOTARY STAMP HERE: &JJ~ ~O.l1~ Notary Public - State of Florida t~e~AeA- f\. m ~i--hel~)sc)N Print or Type Commissioned Name - - - I ",~;';;~I::::l" BARBARA D. MATHEWSON {+m. .:-b\ Notary Public - State 01 Florida . ~'. · . ~ My Comm. Expires Jul 20 2013 , ~-t:"i^_ (t;~'~i Commission (I DO 874050 '41 I, ...... f\; " ",..."" 80nded Through National Notary Assn. Personally Known ~ OR Produced Identification Type of Identification Produced DECEMBER 28, 2010 7 of 7