1980-11 Authorizing Execution of Agreement to Adopt FIRMARESOLUTION N0. 11-80
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BFACH, FLORIDA,
AUTHORIZING THE EXECUTION OF THE INTIItiACAL AGREEPIQVT ADOPTING THE FLORIDA
INTERGOVERNMENTAL RISK MANAGEMENT ASSOCIATION (FIRMA) AS THE INSURANCE
PROGRAM FOR THE VILLAGE, AND APPOINTING A MEMBER TO THE BOARD OF DIRECTORS
' AND AN ALTERNATE.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BFACH, FIARIDA:
Section 1. The Mayor is hereby authorized to execute that
certain Agreement between other member mmicipalities and the Village of
North Palm Beach to adopt the Florida Intergoverrunental Risk Management
Association (FIRMA) as its insurance program, excluding the employee benefits
package, a copy of which is attached hereto and by reference made a part hereof.
Section 2. The Village Manager, Paul J. Nicoletti, be and is
hereby appointed as the Village's representative on the Board of Directors
of FIRMA, and the Assistant Village Manager, Raymond J. Howland, be and
is hereby appointed as an alternate to said Board of Directors.
Section 3. This Resolution shall take effect immediately
upon passage.
PASSID AND ADOPTID THIS 14TH DAY OF FEBRUARY, 1980.
/s/ W. H. BROWN
YOR
ATTEST
/s/ DOI.ORES R. WALl~R
ILiAGE
u~
INTERLOCAL AGREEMENT
WHEREAS, Florida Statutes, Chapter 163, permit local
governmental units to make the most efficient use of their
powers by enabling them to cooperate with other localities on
the basis of mutual advantage; and
1VHEREAS, the several municipalities as set forth
herein desire to cooperate to effect an Interlocal Agreement
providing Intergovernmental Risk Management Programs.
NOW, THEREFORE, .the following municipal corporations:
Town of Greenacres City, Town of Jupiter, Town of Lake Clarke
Shores, Town of Lake Park, Town of Lantana and Village of North
Palm Beach; hereby execute this .Interlocal Agreement~to form
the Florida Intergovernmental Risk Management Association
(hereinafter referred to as FIRMA),
The parties to this Agreement agree to jointly
exercise the powers required of them pursuant to this
Agreement, as follows:
(a) The purpose of this Agreement is to effectuate a
comprehensive risk. management program, including insurance and
other procedures to manage various risks of the member
municipalities to this Agreement.
(b) The risk management program becomes effective
February 1, 1980,. and it is the intent of the municipalities
hereto that the program be continuous. In any event,, the
participating municipalities agree to remain in the program for
a minimium of one year by the signing of this .Agreement.
6Vithdrawal from the program by a participating member may be
made only on February 1 of any succeeding year, and no
signatory to this Agreement may terminate its participation in
this program without first providing sixty (60) days written
notice to the other members, and to the servicing agency of the
program, of its intention to terminate participation. At the
present, the servicing agency for the program is Gallagher
Bassett Insurance Agency. Upon termination, as .set forth
above, the municipality terminating membership in the program
will not be relieved of its obligation to complete payments for
the full annual period ending with January 31st of the year of
termination, and no member terminating participation in this
program will be eligible for any return of premium that may be
due for that annual period.
lc) FIRMA will be governed by a Board of Directors.
Each participating municipality will select one representative
and one alternate to the Board. The representative to the
Board of Directors shall be, wherever possible, the municipal
manager or the highest ranking full-time employee' of the
municipality. Each municipality shall have one vote. The
Board of Directors will be responsible to establish By-Laws
consistent with the risk management program, which By-Laws and
any policies and procedures emanating thereunder shall not be
in conflict with municipal ordinances or Charters of the member
municipalities,. no.r be in conflict with Florida Statutes.
By-Laws shall determine how additional municipalities may
participate in the FIRMA risk management program, how
participating municipalities may be removed from the FIRMA risk
management program, what, if any, additional professional
services shall be employed by the Board, including accountants,
actuaries, attorneys, etc. The servicing agency for the FIRMA
risk management program shall be responsible to recorrrnend
policies and procedures to the Board of Directors concerning
type, source, amount of insurance coverage, self-insurance
coverage and techniques to minimize or manage risks of the
municipalities. The recommendations on these matters made by
the service agency shall be binding upon the members of the
FIRMA risk management program unless overruled by a vote of
five of the six members. No reconmendations of policies,
however, can require the payment of fees or additional cost to
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a member municipality without the consent of said municipality.
(d) Initial payment to FIRMA will be determined by
insurance premiums currently paid for the coverages encompassed
by the program. Fifty percent of this payment will be due on
February 1st, with a additional 25 percent due on May 1st and
25 percent due on October 1st. Effective with calendar year
1981, the full payment will be due on February 1st. All
payments are due and payable as set- forth above, and any
failure to remit payment on the due date shall result in an
additional cost equal to 18 percent per annum determined on a
daily basis for each day after the due date that payment is not
made as required herein.
(e) Upon the. recommendation of the service agency
approved by the Board of Directors, contracts and purchases of
insurance and investments of premiums shall be made by the
Board of Directors by majority vote. In the event that the
members of the Board of Directors are unable to reach a
decision because of a tie vote, then the service agency shall
be entitled to cast a vote to break any deadlock among the
members of the Board.
(f) The Board of Directors shall determine all
matters governing its meetings and procedures, shall organize
itself, elect a chairman, vice chairman and secretary, and
determine places, times and dates of meetings (all of which
shall be in the Sunshine of public view), ttnd determine all
other such matters by majority vote.
(g) The FIRMA risk management program shall operate
on a fiscal year of February 1st through January 31st of each
year. The service agency shall file an annual accounting with
each participating municipality within sixty days after January
31st of each year setting forth all assets and liabilities of
FIRIti7A and detailing all its income. and expenses for the
previous fiscal year. Concurrent with its accounting, service
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agency shall recommend to the Board of Directors whether or not
any surplus funds should be returned to the participating
members, on what dates and in what amounts. 1'he
recommendations of the service agency shall he binding upon the
member municipalities unless overruled by five of the six
participating municipalities. The members of FIRMA shall have
the right to have an audit of the service agency accounting at
its discretion.
(h) In tite event of any violation of the terms of
this Agreement or of the By-Laws, rules, regulations, policies
or procedures adopted by the FIRMA risk management program, the
Board of Directors may seek to enforce this Agreement or
collect any sums due it, and all costs of collection and all
costs of enforcement of the terms of this Agreement, By-Laws,
policies, procedures, rules and regulations shall be paid by
the violating party, including attorney's fees and court
costs.
(i) It is the specific intent and agreement among the
parties that any immunities and privileges granted to them as
municipal corporations will inure to the benefit of FIRMA
(e.g., Florida Statute, Chapter 768.28).
IN WITNESS. WHEREOF, the undersigned municipalities, by
their authorized Mayor or Vice Mayor, have signed this
Agreement and had their corporate seals affixed to this
Agreement in six original copies.
,,~~~•~D'ated this__7th__day of___April ________, 1980.
~ TOWN OF GREENACRES CITY
`(Seal )
,;~' C'"G~"''` c
.. By : C
,, Signature] sitionj
TOWN OF JUPITER
(Seal)
" .
(Signature)) ~Positigt
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' ~y TOWN OF LAKE CLARKE SHORES
Signature ZPositionj
TOWN OF LAKE PARK
(Sea])
By . _ _,~ Mn`~
Sign ture ~ ` zPosit~io )~~
TOWN OF LANTANA
(Seal)
gnature~ ~Pos`fionj
VILLAGE OF NORTH PALM BEACH
(Seal)
By'- ---- -- ---------- --
TSignature ~~os~tionj
3368A/de
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