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RESOLUTION NO. 2008-163 <br />(f) Execution of Instruments. The Chairman of the Board of County <br />Commissioners, on behalf of the Trustee, shall execute and deliver any and all <br />documents of transfer and conveyance and any and all other instruments that may be <br />necessary or appropriate to carry out the powers herein granted, and to perform any <br />and all acts that may be necessary or convenient in the proper administration of the <br />Trust. The Trustee shall complete and provide to Beneficiaries and to the appropriate <br />governmental agencies any reports as may be required by the Code, applicable federal, <br />state, or local law. <br />(g) Necessary Acts. The Trustee shall do all acts whether or not expressly <br />authorized that may be necessary or proper for the protection of the property held <br />hereunder or for the carrying out of any duty under this Resolution. <br />(h) Holding of Trust Assets. All the assets in the Trust shall be held <br />collectively for the benefit of all the Beneficiaries with no physical division thereof until <br />such time as distribution is actually made by the Trustee. <br />(i) Disbursements. The Trustee shall have the power to make disbursements <br />for the payment of Benefits under the Plan and for the payment of Administrative <br />Expenses. <br />0) Retention of Disputed Funds, The Trustee shall have the power to retain <br />any funds or property subject to dispute without liability for the payment of interest; and <br />to decline to make payment or delivery of the funds or property until final adjudication is <br />made by a court of competent jurisdiction. <br />SECTION 3.04. No Bond Required. Neither the Trustee nor any of its members, <br />nor any member of the OPEB Trust Board as Trust Administrator shall be required to <br />furnish any bond or other security for the faithful performance of its respective duties <br />hereunder. <br />SECTION 3.05. Accounts. The Trustee shall keep accurate and detailed <br />accounts of all investments, receipts and disbursements and other transactions <br />hereunder, and all accounts, books and records relating thereto shall be open to <br />inspection by any person designated by the County at all reasonable times. Not later <br />than one hundred twenty (120) days after the end of each fiscal year of the Trust, <br />excluding Fiscal year 2007-2008, the OPEB Trust Board as Trust Administrator shall file <br />with the Trustees a written report setting forth all investments, receipts, disbursements, <br />and other transactions effected by the Trustee from the date of the prior such report to <br />the close of such fiscal year. Such report shall contain an exact description and market <br />value of all securities and investments held at the close of such fiscal year and the cost <br />of each item thereof, as carried on the books of the Trustee. The financial records of <br />the Trust shall be subject to the annual audit of the County as required by Florida law. <br />