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HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-001September 29, 1999 Temp. Reso. #8817 Revision #1, November 10, 1999 Revision #2, January 4, 2000 1 CITY OF TAMARAC, FLORIDA RESOLUTON NO. R-2000- O/ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF TAMARAC AND FLORIDA MUNICIPAL INSURANCE TRUST (FMIT) FOR PROPERTY AND LIABILITY INSURANCE FOR A PERIOD OF TWO YEARS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City solicited proposals from property and liability insurance carriers, including the current carrier, The Florida League of Cities Florida Municipal Insurance Trust (herein after referred to as FMIT); and WHEREAS, proposals were received and reviewed from FMIT, Risk Management Associates, and Gallagher -Bassett; and WHEREAS, after evaluation, it was determined that FMIT provided the most comprehensive and responsive property and liability coverage; and WHEREAS, FMIT offered the city a two-year insurance premium with a 4% increase the second year; and WHEREAS, The City of Tamarac anticipates that its Workers' Compensation premium will rise in the future due to payroll exposure and possible adverse loss experience; and 1 �J 1 1 September 29, 1999 Temp. Reso. #8817 Revision #1, November 10, 1999 Revision #2, January 4, 2000 2 WHEREAS, the increased City of Tamarac payroll exposure will cause the insurance premium to increase for October 1, 2000 and it is in the best interest of the City to enter into a two-year agreement with FMIT; and WHEREAS, the City was able to negotiate no premium increase for the second year commencing October 1, 2000 (as shown in Exhibit B attached); and WHEREAS, it is the recommendation of the City Manager and the Risk Manager to enter into a two-year agreement with Florida Municipal Insurance Trust as provider of property and liability insurance; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the City of Tamarac to provide for the execution of an agreement between the City of Tamarac and FMIT. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The appropriate City officials are hereby authorized to execute a two-year Agreement (attached hereto as Exhibit "A") with Florida Municipal Insurance Trust as provider of property and liability insurance for full-time employees effective October 1, 1999. 1 1 September 29, 1999 Temp. Reso. #8817 Revision #1, November 10, 1999 Revision #2, January 4, 2000 3 SECTION 3: Funding for property and liability insurance premiums in the amount of $427,993 for FY 2000 will be paid for out of the City Insurance Services Fund. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this /1 r day of , 2000. JOE SCHREIBER MAYOR Nw iMA_• f•TD,c�. IHEREBY CERTIFY that I have approved this MI HELL S. R) CITY ATTORNEY, REWWOF C:OMMtSSION MAYOR _ SCHREIBER DIST t; COMM. PORTNER DIST 2: yLm MISHKIN DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS EXHIBIT A FLORIDA MUNICIPAL INSURANCE TRUST TWO YEAR PREMIUM GUARANTEE AGREEMENT October 1, 1999 — September 30, 2001 THIS AGREEMENT, made and entered into this 1" day of October, 1999 by and between the City of Tamarac (FMIT 584), (hereinafter referred to as the "Member") and the Florida Municipal Insurance Trust (hereinafter referred to as the "FMIT"). WHEREAS, the FMIT has determined it is in the best interest of the FMIT to offer the Member a Two Year Premium Guarantee Plan, and WHEREAS, the Member has determined it is in the best interest of the Member to utilize the Two Year Premium Guarantee Plan. NOW, THEREFORE, for and in consideration of the mutual covenants, promises and obligations herein contained which are given to and accepted by each party hereof to the other, the parties to this instrument covenant, stipulate and agree as follows: 1. As used herein, the following words and phrases shall have the following meanings: a. "Coverage Period" means the period as shown on the Declarations of the FMIT Agreement. 0 b. Premium Guarantee means that the annual net premium billed the Member for the coverage period will not be subject to adjustment from exposure audit, change in experience modifications, annual rate review and rate change by the FMIT or to change in approved participation credits. C. "Gross Premium" means the annual gross premium as shown on the Declarations of the FMIT Agreement for the coverage period. d. "Participation Credit" means equity credits, dividends, incentive credits, premium credits, and any other participation credit approved by the FMIT, and is the annual credit shown on the Declarations of the FMIT Agreement for the coverage period. e. "Net Premium" means the annual net premium as shown on the Declarations of the FMIT Agreement for the coverage period. f. "Experience Modifications" mean the factors used by the FMIT in adjusting base gross premium due to a Member's loss experience for workers' compensation, general liability (including law enforcement and public officials errors and omissions), automobile liability and automobile physical damage. g. "Exposure Audit" means audits conducted by the FMIT to assure exposure information provided by the Member accurately reflects actual exposures assumed by the FMIT, which audits can result in premium adjustments to the 0 Member under the terms of the indemnity Agreement. Oa �J 10 h. "Rates" mean the annual renewal rates approved by the FMIT for the FMIT's property and casualty coverages and used for calculation of the Member's gross premiums. i. "Exposures" mean the basis on which the FMIT rates are applied to develop gross premiums including but not limited to payroll, job classifications, population, law enforcement officers, vehicles, real and personal properties, and other miscellaneous exposures. j. "Indemnity Agreement" means the FMIT's Indemnity Agreement, the Participation Agreement entered into between the FMIT and the member, and any other agreement, certificate document, or other instrument executed by the Member and the FMIT. 2. Subject to the terms and conditions contained in this Agreement, the Member and the FMIT agree Member's Premium Guarantee during the coverage period shall be the net premium shown on the Declarations of the FMIT Agreement. 3. The Member agrees that it will assist the FMIT by timely providing the FMIT with updated information projecting the FMIT's exposure for the October 1, 1999 fiscal year and with any other exposure information the FMIT in good faith believes might have a material impact on the exposures to be assumed by the FMIT over the coverage period. 3 4. The FMIT agrees that coverage provided herein will not be canceled or non -renewed by the FMIT during the coverage period except for non-payment of premium by the Member.. 5. The member agrees that coverage accepted herein will not be canceled or non -renewed by the Member during the coverage period. 6. If, during the coverage period, the member cancels or non -renews the coverage or if coverage is canceled by the FMIT for non-payment of premium, the member shall be liable for liquidated damages for breach of this Agreement,- calculated at ten percent (10%) of the net premium unearned by the FMIT for the coverage period, plus any additional premium that, but for this Agreement, would otherwise have been due and owing the FMIT as a result of exposure audits under the Indemnity Agreement. This provision for liquidated damages is agreed upon between the parties due to the inability of computing the loss of value to the FMIT of the unexpired portion of the Member's coverage period under this Agreement. 7. In the event the Member fails to pay monies due and owing hereunder, the FMIT shall be entitled to recover from the Member all costs and expenses incurred by the FMIT in collecting any such monies, including reasonable attorney's fees, costs, prejudgment interest, and any other reasonable and related expenses of collection. 4 0 8. In the event of conflict, the provisions of this Agreement shall prevail over an p g p Y provisions contained in the Indemnity Agreement. Provisions of the Indemnity Agreement not in conflict with the provisions of this Agreement shall remain in full force and effect. • • W I• I* IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, through it Mayor, and FLORIDA MUNICIPAL INSURNCE TRUST, signing by and through, duly authorized to execute same. ATTES Carol 'Gold, Ci lerk Date: / %2 / &-.) ATTEST: Corporate Secretary Type name of Corporate Secretary CITY OF TAMAR.AC By: Joe, Schreiber, Mayor Date: 7 - G-d Jeff ler, ity Manager Date: (--j i — a-� FLORIDA MUNICIPAL INSURANCE TRUST LIM Byron Beard, Underwriting Manager Type/Print Name of Underwriting Manager Date: C.1 EXHIBIT B 14D I. DESIGNATED MEMBER: Address: FLORIDA LEAGUE OF CITIES SPONSORED INSURANCE PROGRAMS DECLARATIONS City of Tamarac 7525 N.W. 88"' Avenue Tamarac, FL 33321-2401 II. COVERAGE PERIOD From October 1, 1999 to September 30, 2001 12:00 Midnight Standard Time at the address of the Designated Member. 111. AGREEMENT NUMBER Florida Municipal Insurance Trust (FMIT) FMIT # 584 I* IV. ESTIMATED ANNUAL PREMIUM Normal Participation Net Premium Credit Premium Florida Municipal Insurance Trust (FMIT) $604,462 $193,928 $410,534 12/22/99 Signature of Authorized Representative . SIP DEC (10199) Date p9.1