As Amended & Restated through 04/25/2012 PUBLIC RISK MANAGEMENT OF FLORIDA
3434 Hancock Bridge Parkway, Suite 203
Fort Myers, Fl. 33903
Telephone: 800- 367 -1705 Facsimile: 239- 656 -1066
MEMORANDUM
May 1, 2012
To: Monroe County Clerk of Court
Attention: Minutes Department
From: Judith Hearn, Assistant Executive Director
Secretary, PRM Board of Directors
Re: Filing of Intergovernmental Cooperative Agreement for the City of Key Colony Beach
*********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
This memorandum accompanies a copy of an Intergovernmental Cooperative Agreement,
together with an Affidavit regarding authenticity, executed by several different governmental
agencies throughout the State of Florida for the purpose of providing insurance through Public
Risk Management of Florida (PRM). This Agreement, together with the Affidavit of
Authenticity is being delivered to you for filing by your Minutes Department in compliance with
Florida Statute Section 163.01, the Florida Interlocal Cooperation Act of 1969. A copy of the
relevant section of that statute is attached for your reference.
As you will note, the Statute does not define what filing is, for the purposes of this
provision. Our research has indicated that because this Agreement is not directly related to real
or personal property, that filing is appropriate with your Minutes Department. It is requested that
this document, together with the Affidavit as to authenticity, be accepted by the Minutes
Department and "filed" pursuant to the Statute.
Should there be any questions or comments regarding this request, please do not hesitate
to contact me at 800 - 367 -1705.
Attachments
AFFIDAVIT
STATE OF FLORIDA
COUNTY OF LEE
BEFORE ME, the undersigned authority, duly authorized to take acknowledgments and
administer oaths, personally appeared JUDITH HEARN, who after being first duly sworn,
deposes and says
1. I, Judith Hearn, am the Secretary of Public Risk Management of Florida, an
association of governmental agencies, pursuant to Florida Statute section 163.01,
the Florida Interlocal Cooperation Act of 1969.
2. I am the Secretary of said Association and responsible for maintenance of all
Association documents.
3. Attached hereto is the true and correct copy of the Intergovernmental Cooperative
Agreement that was amended by the Board of Directors on April 25, 2012.
4. This affidavit is made for the purpose of accompanying the Agreement and is
provided to Clerk of Courts for the purpose of filing in the public records of the
county in which the agencies who are signatories to the Agreement are located, in
compliance with Florida Statute section 163.01 (11).
FURTHER AFFIANT SAYETH NOT.
q JUD TH HEARN,
Secretary, Public Risk
Management of Florida
SWORN AND SUBSCRIBED before me this 1st day of May, 2012, by JUDITH
HEARN, Secretary of Public Risk Management of Florida, who is personally known to me or
who has produced - as identification.
My Commission Expires: r■..) )'t 41-t
Notary Public
SUSAN M. BARON
} = r = c MY COMMISSION # DD 954360 Susan M. Baron
! ° EXPIRES: May 21, 2014 Type/Print Name of Notary
94 ' OF F� °P\Oe Bonded Thru Budget Notary Services
Commission No. DD954360
THE INTERGOVERNMENTAL COOPERATIVE AGREEMENT
A CONTRACT AND BY -LAWS
FOR
PUBLIC RISK MANAGEMENT OF FLORIDA
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(PRM)
AS AMENDED AND RESTATED THROUGH APRIL 25, 2012
THE INTERGOVERNMENTAL COOPERATIVE AGREEMENT
(A CONTRACT AND BY -LAWS FOR PUBLIC RISK MANAGEMENT OF FLORIDA)
(PRM)
INDEX
ARTICLE # DESCRIPTION PAGE #
Article 1 Name and Duration 1
Article 2 Definitions and Purpose 1 - 3
Article 3 Power and Duties 3 - 4
Article 4 Participation and Term 5 - 6
Article 5 Commencement of the Pool 6
Article 6 Board of Directors of the Pool 6 - 9
Article 7 Board of Directors Meetings 9 - 10
Article 8 Pool Officers 10 - 11
Article 9 Finances and Risk Management Pool 11 - 12
Article 10 Excess Insurance 13
Article 11 Obligations of Members 13 - 15
Article 12 Liability of Board of Directors or 15
Officers of the Pool
Article 13 Additional Insurance 15
Article 14 Settlements 15
Article 15 Coverage & Indemnity Dispute Resolution 16
Article 16 Contractual Obligation 16 - 17
Article 17 Expulsion or Termination of Members 17 - 18
Article 18 Special Provisions for Deferred Funding 18
Article 19 Termination of Pool 18
ARTICLES OF ASSOCIATION
AND BY-LAWS
OF
PUBLIC RISK MANAGEMENT OF FLORIDA
(PRM)
BE IT KNOWN THAT:
The below named public agency or agencies of the State of Florida for the purpose of
forming a risk management and self - insurance association pursuant to the terms of Florida
Statutes Sections 768.28(16)(a), 440.57, and 163.01, Florida Interlocal Cooperation Act of 1969,
do bind themselves contractually to and adopt these Articles of Association and By -Laws.
Article 1 - Name and Duration
1.1 Name. The name of this association shall be Public Risk Management of Florida,
referred to hereinafter as the Pool.
Article 2 - Definitions and Purpose
2.1. Definitions. As used in this agreement, the following terms shall have the
meaning hereinafter set out:
"Annual Payments ": The amount each Member must annually pay to fully fund the costs
of the full operation of the Pool.
"Aggregate Excess Insurance ": Stop Loss Insurance purchased by the Pool from insurance
companies and/or Lloyd's of London, or other similar entities, approved by the Board of
Directors, or any committee appointed by the Board for such purpose, to protect the Pool from an
accumulation of losses in any policy year should the "Loss Fund" be exhausted. Once the
"Aggregate Excess Insurance" is triggered, any further losses within the "Self Insured Retention"
will be paid by this coverage.
"Fiscal Year ": The fiscal year of the Pool shall begin on October 1 and end on
September 30
"Joint Self- Insurance" or "Self- Funded ": A self - insurance or self - funded program in
which Members agree to annual payments to fully fund the operations of the Risk Management
Pool.
"Loss Fund ": The fund established to pay claims occurring within the "Self Insured
Retention." The "Loss Fund" represents the maximum amount for which the Pool is exposed in
a single policy period.
"Maintenance Deductible ": The amount paid by the "Member" before the loss is paid by
the "Self Insured Retention." This is a nominal amount designed to protect the "Loss Fund"
from small claims. The "Maintenance Deductible" applies only to property, automobile physical
damage and crime losses."
"Members ": The public agencies of the State of Florida which initially or later enter into
the intergovernmental association established by this Intergovernmental Agreement.
"Multi -Loss Coverage ": This multiple loss protection limits a loss involving more than
one line of coverage from one occurrence (i.e. property, liability, workers' compensation) to one
"Self Insured Retention."
"Policy Year ": The policy year of the Pool shall be from the date of inception of
coverage to the termination of said coverage, or on other dates as approved by the membership in
attendance at a scheduled meeting of the membership.
"Pool ": Public Risk Management of Florida established pursuant to the Constitution and
the Statutes of the State of Florida by this Intergovernmental Agreement.
"Risk Management ": A program attempting to reduce or limit casualty and property
losses to Members and injuries to employees caused by or arising out of the operations of
Members. Where claims arise the Pool will provide processing of claims, investigation, defense
and settlement within the financial limits of the Pool as established in accordance with this
Intergovernmental Agreement and will tabulate such claims, costs and losses.
"Risk Management Pool ": A fund of public monies established by the Pool to jointly
self - insure and self -fund property coverages, general liability, automobile liability, professional
liability, public officials' liability and workers' compensation, and any other coverage lines
approved by the Board of Directors.
"Self- Insurance ": The decision by a public agency not to purchase insurance coverage for
risks below certain limits; to seek and maintain immunities provided by law for a noninsured
public agency; to rely upon its financial capabilities to pay covered losses which occur in case
third -party claims are held valid and not barred or capped by available immunities: and to
purchase some insurance to protect against catastrophic or aggregate losses. The purchase of
liability insurance by the Pool or any of its Members is not intended to, and does not, waive
sovereign immunity. Purchase of liability insurance shall only be pursuant to Florida Statutes,
which allow for the purchase of insurance by the Pool without the waiver of sovereign immunity
by the Pool or any of the Pool's Members and is not pursuant to any other statute of the State of
Florida.
"Self Insured Retention ": A layer of assumed risk where the pool self - insures a pre-
determined amount of loss per occurrence.
"Specific Excess Insurance ": Insurance purchased by the Pool from insurance companies
and/or Lloyd's of London, approved by the Board of Directors, or any committee appointed by
the Board for such purpose, that provides catastrophe coverage up to the limit(s) chosen by the
Pool.
2
"Standard Member /membership " - a Member with the Pool, who finds several benefits in
pooling and who values pricing and the ability to select specific lines of coverage, but who
chooses not to participate in loss control and/or loss prevention and/or risk management options
afforded Preferred Members.
"Preferred Member /membership " — a Member with the Pool, who finds several benefits in
pooling, including the multiple benefits to be achieved in participating in all available lines of
coverage, and who chooses to participate on a fee for service basis in loss control and/or loss
prevention and/or risk management options not otherwise usually afforded to Standard Members.
2.2. Purpose: The Pool is a cooperative agency voluntarily established by Members as
set forth in Florida Statutes Sections 163.01, 768.28 and 440.57 for the purpose of seeking the
prevention or lessening of casualty and property losses to Members and injuries to persons or
employees which might result in claims being made against Members. The purpose of this Pool
is to carry out and effect the agreed upon functions and purposes of this Intergovernmental
Agreement as stated herein.
It is the intent of the Members of this Pool to create an entity, which will administer a
Risk Management Pool and utilize such funds to defend and protect, in accordance with this
Intergovernmental Agreement, any Member of the Pool against liability for a covered loss. This
Agreement shall constitute the substance of a contract among the Members.
All funds contained within the Risk Management Pool are funds directly derived from its
Members who are public agencies of the State of Florida. It is the intent of the Members in
entering into this Intergovernmental Agreement that, to the fullest extent possible, the scope of
Risk Management undertaken by them through a Joint Self- Insurance or Self- funded program
using governmental funds shall not waive, on behalf of any Member or such Member's
employees as defined in Florida Statutes Section 768.28, any defenses or immunities therein
provided, or provided by the laws of the State of Florida. The Pool and the Members of this Pool
intend to effect no waiver of sovereign immunities through their use of public funds retained
within the Risk Management Pool. Such funds being utilized to protect against risks in
accordance with Florida Statutes Section 768.28 are not intended to constitute the existence,
issuance or purchase of a policy for insurance. This Intergovernmental Agreement is not to be
considered such as would cause this Pool to be treated as an "insurer" within the meaning of any
legislation giving risk to liability or applicability to "insurer ", for damages, costs, fees or
expenses, etc., under Florida Statutes Sections 624.155, 626.9541, 626.9561, 627.426, 627.428,
or other statutes applicable to Public Entity Self Insurance in the State of Florida.
2.3 Non- Assessable: Public Risk Management is a non - assessable pool.
Article 3 - Power and Duties
3.1. Powers: The powers of the Pool to perform and accomplish the functions and
purposes set forth herein, within the budgetary limits and procedures set forth in this
Intergovernmental Agreement, shall be as follows:
3
3.1.1. To establish By -Laws and Amendments to By -Laws, and operational
procedures governing the operations of the Pool which are consistent with this
Intergovernmental Agreement as set forth in Florida Statutes Sections 768.28, 163.01 and
440.57, and to not waive any sovereign immunity not waived statutorily under Florida
Law, and to expressly negate any past, present, or future waiver of sovereign immunity
under Florida Statutes, and to continue to negate any waiver of sovereign immunity for
discretionary and planning functions of government.
3.1.2. To employ agents, employees and independent contractors and approve the
rate of compensation, benefits and/or contracts that apply to Pool employees, Pool
officers and service providers, and to ensure all benefits of Florida Statutes Section
163.01(9)(a) and all other applicable Florida Statutes.
3.1.3. To lease real property and to purchase or lease equipment, machinery or
personal property necessary for the carrying out of the purpose of the Pool.
3.1.4. To carry out educational and other programs relating to risk reductions.
3.1.5. To cause the creation of this Pool and see to the collection of funds for the
continued administration of the Risk Management Pool.
3.1.6. To purchase Aggregate Excess Insurance, Reinsurance, Excess Property
Insurance, Excess Workers' Compensation Insurance, Excess Liability Insurance,
Pollution Insurance, Boiler & Machinery Insurance and Specific Excess Insurance, and
any other form of insurance deemed reasonable and necessary by the Board of Directors
to promote or serve the powers and duties of the Pool to supplement the Risk
Management Pool without such being a waiver of sovereign immunity under Florida
Law.
3.1.7. To establish reasonable and necessary loss reduction and prevention
procedures, which shall be followed by the Members.
3.1.8. To provide Risk Management services including the defense of and
settlement of claims and to have the authority granted by Florida Statutes Section
768.28(16).
3.1.9. To negate, pursuant to Florida Statutes, any implication of a waiver of
sovereign immunity, and to negate any waiver of sovereign immunity other than to the
extent required under Florida Statutes Section 768.28.
3.1.10. To act solely within the budgetary limits established by the Members to
carry out such other activities as are necessarily implied or required to carry out the
purposes of the Pool.
3.1.11. To sue or be sued as a separate legal entity.
4
Article 4 - Participation and Term
4.1. Term: The initial term of the Pool shall be from 12:01 a.m. on October 1, 1987 to
12:01 a.m. September 30, 1989. After the initial two (2) year term of the Pool, the term shall
automatically be renewed for an additional term of one (1) year each. Provided, however, the
Members may, through the manner provided in Section 6.9.4., terminate the Pool as of the end of
the initial or any additional term during which such action is taken.
4.2. Notice of Withdrawal: So long as the Pool shall continue in existence, any
current or new Preferred Member joining the Pool shall remain a Member for an initial two -year
term, except a new Member coming into the Pool after the first day of the policy year shall be
obligated to be a member for not less than eighteen (18) months. A new Preferred Member's
rates will be guaranteed for their initial term.
Any Preferred Member may withdraw from the Pool at the end of the policy year upon
serving on the Pool by mail, fax or hand delivery at least sixty (60) days prior written notice. Any
Standard Member may withdraw from the Pool at the end of the policy year upon serving on the
Pool by mail, fax or hand delivery at least forty-five (45) days prior written notice. Such notice
shall be addressed to the Executive Director of the Pool and shall be accompanied by a resolution
of the governing body of the Member electing to withdraw from the Pool.
4.3. Actual Withdrawal/Required Withdrawal. Any Preferred Member who has served
the Executive Director with prior written notice of its intent to withdraw at least sixty (60) days
prior to the beginning of the policy year for which the notice to withdraw is applicable, shall
serve in writing to the Executive Director, by mail, fax or hand delivery no later than ten (10)
days prior to the beginning of such policy year, a verification as to whether the Member intends
to actually withdraw from the Pool at the end of the current policy year. Failure to serve such
verification no later than ten (10) days prior to the beginning of the policy year for which notice
of intent to withdraw is applied, shall be deemed a revocation of the prior notice of intent to
withdraw; thus, binding the Member to the Pool for the ensuing policy year. An action to expel a
Preferred Member shall be taken by the Executive Board in the manner described in Article 17
hereafter. Any Standard Member who chooses to withdraw from the Pool shall serve the
Executive Director with prior written notice of its intent to withdraw at least forty-five (45) days
prior to the beginning of the policy year for which the notice to withdraw is applicable, in writing
to the Executive Director, by mail, fax or hand delivery a verification as to whether that Standard
Member intends to actually withdraw from the Pool at the end of the current policy year. Failure
to serve such verification at least forty-five (45) days prior to the beginning of the policy year for
which the notice to withdraw is applicable shall be deemed as actual binding consent on the part
of the Standard Member to remain a Standard Member of the Pool, binding that Member to the
Pool for the ensuing policy year.
4.4. Admission of New Members: The Pool's Executive Board shall establish and
periodically review standards and the approval process for the admission of new Members.
Upon approval of these standards and of the approval process for admission by the Board of
Directors, the Pool's Executive Board may grant or deny admission to proposed new Members
based upon such criteria. Consideration of new Members will be communicated to all PRM
5
Board Members by the Executive Director for any information or feedback that a Member may
have regarding the prospective member.
Article 5 - Commencement of the Pool
5.1. Commencement Date: The Pool shall commence operations on October 1, 1987.
Article 6 - Board of Directors of the Pool
6.1. The Board: There is hereby established a Board of Directors (sometimes
hereinafter referred to as the "Board ") of the Pool. Each Member shall appoint one (1) person to
represent that body (the "Representative ") on the Board of Directors along with another person to
serve as an alternate representative (the "Alternate ") when the Representative is unable to carry
out that Representative's duties. The Representative and Alternate shall be appointed in writing
by the governing body of the Member and a copy of the written appointment shall be provided to
the Executive Director of the Pool. Once such appointments are made known to the Pool, the
persons appointed shall remain in office until the Pool receives evidence in writing of the
appointment of other persons by the Member's governing body. The Representative and
Alternate selected must be an employee, an appointed official or elected official of the entity.
6.2. The Chairman and Vice Chairman: The Board of Directors shall, commencing
the 2003 fiscal year, select a Chairman for a three year term. Thereafter, and commencing the
2006 fiscal year, the Board of Directors shall, for all subsequent years, bi- annually select a
Chairman to serve a two year term. The term of office for the Chairman shall begin on the 1St
day of a fiscal year and expire on the last day of a fiscal year. The Chairman shall preside at all
meetings of the Board. The Chairman shall vote on all matters that come before the Board. The
Chairman shall have such other powers as he may be given from time to time by action of the
Board.
The Board of Directors shall, bi- annually select a Vice Chairman during the final quarter
of each two -year term to serve during the subsequent two -year term. The term of office for the
Vice Chairman shall begin on the first day of a fiscal year and expire on the last day of a fiscal
year. The Vice Chairman shall carry out all duties of the Chairman of the Board during the
absence or inability of the Chairman to perform such duties and shall carry out such other
functions as are assigned from time to time by the Chairman or the Board of Directors. The
Board of Directors may from time to time appoint other officers of the Board.
6.3. Board Responsibilities. The Board of Directors shall have the responsibility for:
(1) hiring of Pool officers, agents, non - clerical employees and independent contractors; (2)
setting of compensation for all persons, firms and corporations employed by the Pool; (3)
approval of amendments to the Intergovernmental Agreement; (4) approval of the acceptance of
new Members and expulsion of Members, except that the approval may be delegated to the
Executive Board under Article 4 above, or by such procedures as are contained in the motion
making delegation; (5) approval and amendment of the annual budget of the Pool; (6) approval of
the operational procedures developed by the Executive Director; (7) approval of educational and
other programs relating to risk reduction; (8) approval of reasonable and necessary loss reduction
and prevention procedures which shall be followed by all Members; (9) approval of Annual
6
Payments to the Risk Management Pool for each Member; and (10) termination of the Pool in
accordance with this Intergovernmental Agreement.
6.4. Voting: Each Preferred Member shall be entitled to one (1) vote on the Board of
Directors. Standard Members have no entitlement to any vote on the Board of Directors, or
otherwise. Such vote by each Preferred Member may be cast only by the Representative of the
Preferred Member or in the Representative's absence by the Alternate. No proxy votes or
absentee votes shall be permitted. Voting shall be conducted by show of hands or any method
established by the Board that is consistent with Florida law. A simple majority vote of those
Representatives present shall be required to pass on any motion. On such matters, the Chairman
and the Executive Director of the Pool shall cause each Member's Representative and Alternate
to receive the proposed ballot which will include at a minimum the text of the motion to be voted
upon and the purpose of such motion. Only the Representative or the Alternate may vote on such
ballots (not both). If both the Alternate and Representative submit ballots, only the
Representative's ballot will be counted. Favorable votes by a majority of the Members'
Representatives (or Alternates in their absence) entitled to vote shall pass any action unless an
action is taken which is subject to 6.9 below, in which case passage will be based on the required
number of votes as if each Member's Representative or Alternate was present at a regular or
special meeting called to decide such question.
6.5. Representatives: The Representative selected by the Member shall serve until a
successor has been selected. The Representative chosen by the Member may be removed at any
time by the vote of the Member's governing body. In the event that a vacancy occurs in the
position of Representative or Alternate selected by the governing body of a Member, that body
shall appoint a successor in writing within 60 days of such vacancy occurring. The failure of a
Member to select a Representative or the failure of that person to participate shall not affect the
responsibilities or duties of a Member under this Intergovernmental Agreement.
6.6. The Executive Board and other Committees: The Board of Directors shall
establish an Executive Board (known previously in this Agreement as Executive Committee).
That Executive Board shall consist of the Chairman of the Board of Directors, the Vice Chairman
of the Board of Directors, the Treasurer and four (4) Representatives elected by the Board of
Directors. The Executive Board shall have the power to establish both standing and ad hoc
committees to further the functions and purpose of this Pool. Unless the Board of Directors
establishes some other procedure, the authority for selection of Representatives or Alternates
serving on the Executive Board who shall serve on such committees and chair them shall reside
with the Chairman of the Board of Directors. The Chairman of the Board of Directors may
appoint non - voting and non -paid persons who are not Members of the Board of Directors to
serve on committees of the Pool. The Executive Board shall dictate to the Executive Director the
guidelines for authorizing the settlement of claims. The Board of Directors shall, bi- annually
select the four (4) Representatives during the final quarter of each two -year term to serve during
the subsequent two -year term. The term of office for the four (4) Representatives shall begin on
the first day of a fiscal year and expire on the last day of a fiscal year. The Executive Board shall
have the specific authority and power, as afforded herein by the Board of Directors, to grant
binding approval for, and on behalf of, the Pool to bind any and all coverages for both Preferred
Members and Standard Members with excess insurers, reinsurers, specific excess insurers,
insurance underwriters, insurance wholesalers, insurance brokers and/or intermediaries, and with
7
independent insurance contractors providing and/or affording both insurance and self - insurance
coverages to the Pool Members. The Board of Directors shall grant to the Executive Board the
authority to approve expenditures, authorize a settlement of claims and suits and take such other
action as shall be specifically delegated to the Executive Board. The Executive Board may from
time to time appoint interim replacements for any Executive Board member or Pool Officer who
vacates his or her position on the Executive Board, who shall serve until the next scheduled
election of such Executive Board member.
6.7. Operating Rules: The Board of Directors may establish rules governing its own
conduct and procedure not inconsistent with this Intergovernmental Agreement.
6.8. Quorum: A quorum shall consist of a majority of the Representatives (or in their
absence their Alternates) serving on the Board of Directors, or serving on the Executive Board.
Except as provided in Section 6.9 herein, or elsewhere in this Intergovernmental Agreement, a
simple majority of a quorum shall be sufficient to pass upon all matters.
6.9. Super- Majority Voting: A greater vote than a majority of a quorum shall be
required to approve the following matters:
6.9.1. Such matters as the Board of Directors shall establish within its rules as
requiring for passage a vote greater than a majority of a quorum, provided, however, that
such a rule can only be established by a greater than a majority vote at least equal to the
greater than majority vote required by the proposed rule.
6.9.2. (Deleted effective June 19, 2009) .
6.9.3. Any amendment of this Intergovernmental Agreement, except as provided
in Subsection 4 below, shall require two- thirds (2/3) vote of all the Representatives
serving on the Board of Directors.
6.9.4. The amendment of this Intergovernmental Agreement to cause a reduction
or elimination in the scope of loss protection set out in Article 10 to be furnished by the
self - insurance pool derived from payments from the Members, shall require that specific
written notice of the proposed change be sent by registered or certified mail to the
governing body of the Member and to the Representative serving on the Board of
Directors, no less than ten (10) days prior to a meeting of the Executive Board at which
this matter is proposed and the amendment as proposed or as amended must receive the
approval of at least five (5) out of seven (7) Representatives of the then current
Executive Board representing the then Members of the Pool.
6.9.5. In the event of a reduction or elimination in the scope of loss protection
as set forth in Article 10 of this Intergovernmental Agreement receives the approval of at
least five (5) out of the seven (7) Representatives of the then - current Executive Board as
set forth in section 6.9.4, any Member may request, within twenty (20) days of the
Executive Board voting to approve such reduction or elimination in the scope of loss
protections as set forth in Article 10 of this Intergovernmental Agreement, in writing to
the Chairman of the Board of Directors that the Executive Board, at a special meeting,
8
take official action to affirm, modify or reverse a decision of the Executive Board
affecting the reduction or elimination in the scope of loss protection as set forth in section
6.9.4. The Member shall be provided a full opportunity to explain their position to the
Executive Board. The Executive Board, by majority vote, may affirm, modify, reverse or
defer the matter to the Board of Directors.
Any Member who disagrees with the Executive Board's final determination may request
in writing, within twenty (20) days of the Executive Board's final determination, that the
Board of Directors take action to affirm, modify or reverse the decision of the Executive
Board. The Member shall be provided a full opportunity at a special, or regular, meeting
to explain their position to the Board of Directors. The Board of Directors, by majority
vote of the Members, may affirm, modify or reverse the final determination or decision of
the Executive Board. Failure on the part of any Member to comply timely with the
requirements for appealing the determination by the Executive Board to the Board of
Directors within twenty (20) days thereof shall be deemed to be a waiver of any
contractual, legal or other rights of appeal by, or on the part of, that Member.
6.10. Compensation of Board of Directors: No Representative or Alternate serving on
the Board of Directors shall receive any salary from the Pool.
6.11 Conflict of Interest: Representatives and Alternates shall abide by the guidelines
established by the State Ethics Commission in the performance of their duties, particularly as it
applies to conflicts of interest and financial disclosure.
Article 7 - Board of Directors Meetings
7.1. Meetings: The Executive Board will establish regular meetings, which shall be
held at least four (4) times a year. Regular meetings of the Board of Directors may be held up to
four (4) times a year. The tentative times, dates, and locations of regular meetings of the Board
shall be established at the beginning of each fiscal year, and the Executive Board will establish
the tentative times, dates and locations of its regular meetings, and give timely and appropriate
prior notice of said meetings to all Preferred and Standard Members. Any item of business may
be considered at a regular meeting, including the scheduling of future regular meetings. The
Executive Director shall attend all Board meetings and Executive Board meetings to serve as an
advisor and to report as the administrative officer of the Pool.
7.2. Special Meetings: Special meetings of the Board of Directors may be called by its
Chairman, or by any three Representatives (or in their absence their Alternates). The Chairman or
in his absence, the Vice Chairman, shall give ten (10) days written notice of regular or special
meetings to the Representative and Alternate of each Member and an agenda specifying the
subject of any special meeting shall accompany such notice. Business conducted at special
meetings shall be limited to those items specified in the agenda. The time, date and location of
special meetings of the Board of Directors shall be determined by the Chairman of the Board of
Directors, or in his absence, by the Vice Chairman.
7.3. Conduct of Meetings: To the extent not contrary to this Intergovernmental
Agreement and except as modified by the Board of Directors, Robert's Rules of Order, latest
9
edition, shall govern all meetings of the Board of Directors. Minutes of all regular and special
meetings of the Board of Directors shall be sent to all Representatives (or in their absence their
Alternates) serving on the Board of Directors.
Article 8 - Pool Officers
8.1. Officers: Officers of the Pool shall consist of an Executive Director, a Treasurer,
a Secretary and such other officers as are established from time to time by the Board of Directors.
All Pool officers shall be appointed by the Board of Directors.
8.2. Executive Director: The Executive Director shall be the chief administrative
officer of the Pool and shall in general supervise and control the day to day operations of the Pool
and shall carry out the policy and operational procedures of the Pool as established in this
Intergovernmental Agreement and by the Board of Directors. Among the Executive Director's
duties shall be the following:
8.2.1. The Executive Director may sign, with such other person authorized by the
Board of Directors or by the Executive Board, any instruments which the Board of
Directors or Executive Board have authorized to be executed and, in general, shall
perform all duties incident to the office of Executive Director and such other duties as
may be prescribed by the Board of Directors.
8.2.2. The Executive Director shall prepare a proposed annual budget and
proposed Risk Management Pool Annual Payment and shall submit such proposals to the
Board of Directors, and to the Executive Board.
8.2.3. The Executive Director shall, where necessary, make recommendations
regarding policy decisions, the creation of other Pool officers and the employment of
agents and independent contractors. At each regular meeting of the Board of Directors
and at such other times, as he shall be required to do so, he shall present a full report of
his activities and the fiscal condition of the Pool.
8.2.4. The Executive Director shall report quarterly to all Members on all claims
filed and payouts made.
8.2.5. The Executive Director shall, within the constraints of the approved or
amended budget, employ all secretarial, clerical and other similar help and expend funds
for administrative expenses.
8.3. Treasurer: The Treasurer shall:
8.3.1. Have charge and custody of and be responsible for all funds and securities
of the Pool; cause to be received and given all receipts for moneys due and payable to the
Pool from any source whatsoever; cause to be deposited all such moneys in the name of
the Pool in such banks, savings and loan associations or other depositories that are
recognized as "Qualified Public Depositories" by the State Treasurer operating under
Chapter 280 Florida Statutes, as shall be selected by the Board of Directors; cause to be
10
invested the funds of the Pool as are not immediately required in such securities as the
Board of Directors shall specifically or generally select from time to time; and cause to be
maintained the financial books and records of the Pool.
8.3.2. In general, perform all duties incident to the office of Treasurer and such
other duties as from time to time may be assigned to that individual by the Board of
Directors. Nothing herein shall prevent the Treasurer from delegating, in writing, the
functions of the office to third parties, whether members of the Board of Directors,
employees of the Pool, or third parties, subject to the approval of the Board of Directors.
However, the Treasurer shall maintain the control and responsibility for the execution of
such functions by such delegates. The Board of Directors shall, commencing the 2003
fiscal year, select a Treasurer for a three -year term. Thereafter, and commencing the 2006
fiscal year, the Board of Directors shall, for all subsequent years, bi- annually select a
Treasurer to serve a two year term. The term of office for the Treasurer shall begin on the
1 day of a fiscal year and expire on the last day of a fiscal year.
8.4. Secretary: The Secretary shall issue notices of all Board meetings, and shall
attend and keep the minutes of same. The Secretary shall have charge of all corporate books,
records and papers; shall be custodian of the corporate seal; and shall keep all written contracts
of the Pool. In general, the Secretary shall perform all duties incident to the office of Secretary
and such other duties as from time to time may be assigned by the Executive Director or the
Board of Directors.
8.5. Third Party Delegations: The Board may select a financial institution or certified
public accountant to carry out some or all of the functions which would otherwise be assigned to
a Treasurer and may select a risk management company or agent to serve as claims administrator
or to carry out some or all of the functions which would otherwise be assigned to the Executive
Director. The Board may also employ persons or companies as independent contractors to carry
out some or all of the functions of officers of the Pool.
8.6. Officer Vacancies: In the absence of the Executive Director, Treasurer or
Secretary, or in the event of the inability or refusal of such officers to act, the Chairman of the
Board of Directors may perform the duties of the Executive Director, Treasurer or Secretary, and,
when so acting, shall have all of the powers of and be subject to all of the restrictions upon the
Executive Director, Treasurer or Secretary.
Article 9 - Finances and Risk Management Pool
9.1. Fiscal Year: The fiscal year of the Pool shall commence on October 1, and end on
September 30, of each year.
9.2. Budget: The Board of Directors shall approve a preliminary budget for the
administration of the Pool. Copies of all preliminary and final budgets shall be promptly mailed
to each Member of the Board of Directors. The Board of Directors shall adopt a final budget and
determine the amount of the Annual Payment to be made by each Member and the date upon
which the payment is due.
11
9.3. Annual Payment Factors: In determining the amount of the Annual Payment due
from each Member, the Executive Board may consider some or all of the following factors:
9.3.1. Number of employees;
9.3.2. Property values of the Member;
9.3.3. Number and type of vehicles owned by the Member and the use made of
the vehicles;
9.3.4. Population of the geographic area represented by the Member;
9.3.5. The payrolls of the Member;
9.3.6. Any unusual exposures presented by the Member;
9.3.7. The operating expenditures of the Member; and
9.3.8. The claims and loss experience of the Member.
9.4. Budget Amendments: Budgets may be amended at any time by majority vote of
the Board of Directors.
9.5. Payments — Timing: In subsequent years, the Board of Directors may permit the
Annual Payments to be made on a monthly or quarterly basis.
9.6. Retirement Fund Obligations: Members shall be both severally and jointly liable
to the State of Florida Department of Administration, Division of Retirement for any Florida
Retirement Systems' contributions, which are owed by the Pool for Pool employees. Each
member shall be responsible for expenses incurred which are attributable to the years of
membership as outlined in the Intergovernmental Agreement, Article 11.
9.7. Distribution of Surplus: If, for any year during which the Pool was in existence,
all claims known or unknown have either been paid or provision has been made for such
payment, the Board of Directors as then constituted shall distribute surplus funds to the Members
who constituted the membership of the Pool in that prior year, after first deducting there from
reasonable administrative and other non - allocated costs incurred by the Pool in the processing of
the claims in years other than the one in which the claim was made. The distribution among the
Members shall be in the same proportion to the total as was their Annual Payment for that year to
the Annual Payments of all Members for such year.
9.8. Audit: The Board of Directors shall provide to the Members an annual audit of
the financial affairs of the Pool to be made by a certified public accountant at the end of each
fiscal year in accordance with generally accepted auditing principles. The annual report shall be
delivered to the Chairman of the governing body of each Member.
12
Article 10 - Excess Insurance
10.1. Specific Excess Insurance: The Pool may purchase Specific Excess Insurance
from underwriters of insurance, insurance companies and/or Lloyd's of London, approved by the
Board of Directors, or any committee appointed by the Board for such purpose, in such amounts
which shall be approved by the Board of Directors and underwriters, based upon but not limited
to the current assets, risk analysis, and loss history of the Pool. The purchase of Specific Excess
Insurance does not, and is not, intended to waive sovereign immunity under Florida law.
10.2. Aggregate Excess Insurance: The Pool may purchase Aggregate Excess Insurance
from underwriters of insurance, insurance companies and/or Lloyd's of London, approved by the
Board of Directors, or any committee appointed by the Board for such purpose, in such amounts
which shall be approved by the Board of Directors and underwriters, based upon but not limited,
to the current assets, risk analysis, and loss history of the Pool. The purchase of Aggregate
Excess Insurance does not, and is not, intended to waive sovereign immunity under Florida law.
10.3. Multiple Loss Coverage: The Pool may purchase Multiple Loss Coverage in the
event a single occurrence involves more than one line of coverage, limiting the occurrence to a
single "Self Insured Retention."
10.4. Losses: The Risk Management Pool (Loss Fund), the Specific Excess Insurance
and any optional Aggregate Excess Insurance purchased, shall provide payment for covered
losses in any one policy year for members up to the limits approved by the Board of Directors.
Should losses in any one policy year extinguish all available funds provided by the Pool then the
individual Member or Members whose judgment or settlement of claim has been perfected by
Florida law shall be responsible for any additional payment. The Pool shall make payments in
the order in which the judgments against the Pool have been entered or settlement of claims have
been reached or other manner established at a meeting by the Board. Membership in the Pool
shall not preclude any Member from purchasing any insurance coverage above those amounts
purchased by the Pool.
Article 11 - Obligations of Members
11.1. Member Obligations: The obligations of Members of the Pool shall be as follows:
11.1.1. To budget for, where necessary, to levy for and to promptly pay all
payments to the Risk Management Pool at such times and in such amounts as shall be
established by the Board of Directors within the scope of this Intergovernmental
Agreement. Any delinquent payments shall be paid with a penalty, which shall be set by
the Board, but such rate shall not exceed the highest interest rate allowed by statute to be
paid by a Florida public agency.
11.1.2. To select, in writing, a Representative to serve on the Board of Directors
and to select an Alternate Representative.
13
11.1.3. To allow the Pool reasonable access to all facilities of the Member and all
records including, but not limited to, financial records, which relate to the purpose or
powers of the Pool.
11.1.4. To allow attorneys employed by the Pool to represent the Member in
investigation, settlement discussions and all levels of litigation arising out of any claim
made against the Member within the scope of loss protection furnished by the Pool.
11.1.5. To furnish full cooperation with the Pool attorneys, claims adjusters, the
Executive Director and any agent, employee, officer or independent contractor of the Pool
relating to the purpose or powers of the Pool.
11.1.6. To follow in its operations all loss reduction and prevention procedures
established by the Pool within its purpose or powers.
11.1.7. To report to the Executive Director or his designee within the time limit
specified the following items:
11.1.7.1. To provide on or before November 1 of each policy year of
the Pool, the Member's renewal application shall be completed by the member as
required by the Underwriters.
11.1.7.2. To report, within five (5) days of receipt, any and all statutory
notices of claims, as well as summons and complaint or other pleading before a
court or agency involving any claim for which Pool coverage is sought.
11.1.7.3. To report, within ten (10) days of receipt, any oral or written
demand for monetary relief for which coverage is sought to the Pool Executive
Director.
11.1.7.4. To report to the Executive Director at the earliest practicable
moment any information of an occurrence, claim or incident received by the
Member and from which the Member could reasonably conclude that coverage
will be sought by said Member for such an occurrence, claim or incident.
In the event that the items set forth above are not submitted to the Executive Director within the
time periods set forth above, the Board of Directors of the Pool, by a vote of a majority of a
quorum of the Board, at a regular or special meeting, may in whole or part decline to provide a
defense to the Member or to extend the funds of the Pool for the payment of losses or damages
incurred. In reaching its decision, the Board shall consider whether and to what extent the Pool
was prejudiced in its ability to investigate and defend the claim due to the failure of the Member
to promptly furnish timely notice of the occurrence, claim or incident to the Executive Director.
The decision of the Board of Directors shall be final. Failure of a Member to abide by these
requirements shall also be grounds for expulsion from the Pool.
11.1.8. To make Payment of any "Maintenance" Deductible(s).
14
11.2. Cancellation/Suspension of Coverage: In the event that a Member has made a
material misstatement or failed to comply with an underwriting requirement that created a
substantial change in risk exposure, the Executive Board has the authority to cancel or suspend
coverage. The Member shall be notified of the reason in writing by the Executive Director and
given a reasonable time to take corrective measure prior to the Executive Board's action.
Article 12 - Liability of Board of Directors or Officers of the Pool
12.1. Liability of Directors and Officers: The Representatives (or in their absence their
Alternates) serving on the Board of Directors or officers of the Pool should use ordinary care and
reasonable diligence in the exercise of their power and in the performance of their duties
hereunder; they shall not be liable for any mistake of judgment or other action made, taken or
omitted by them in good faith; nor for any action taken or omitted by any agent, employee or
independent contractor selected with reasonable care; nor for loss incurred through investment of
Pool funds, or failure to invest. No Representative shall be liable for any action taken or omitted
by any other Representative. Representatives shall have the immunities provided by law and in
particular Florida Statutes Section 163.01. The Pool may purchase insurance providing liability
coverage for such Representatives or officers.
Article 13 - Additional Insurance
13.1. Member's Option to Purchase Additional Insurance: The Pool, through the
distribution of the minutes of the Board of Directors or through other means shall inform all
Members of the scope and amount of Specific Excess and Aggregate Excess Insurance in force at
all times. Membership in the Pool shall not preclude any Member from purchasing any insurance
coverage above those amounts purchased by the Pool. Such purchase shall not be construed to
waive sovereign immunity of the Members of the Pool or the Pool. The Pool shall make its
facilities available to advise Members of the types of additional or different coverages available
to Pool Members.
Article 14 - Settlements
14.1. Settlement /Advance Notice: Whenever the Pool proposes to settle any pending
claim or suit where the amount of that proposed settlement shall exceed Ten Thousand Dollars
($10,000.00), the Member shall be given advance notice of that settlement. Such notice may be
given by the establishment of a reserve amount in excess of Ten Thousand Dollars ($10,000.00),
provided that the amount of the settlement does not exceed the amount reserved. The officers
and employees of the Pool shall, however, endeavor to give specific oral or written notice to the
Member's Representative or Alternate of the exact amount of any proposed settlement in excess
of Ten Thousand Dollars ($10,000.00) prior to the date at which the Pool proposes to bind itself
to pay such settlement amount. The officers, employees or independent contractors of the Pool
shall attempt to give the Members, as much notice of the settlement negotiations as is possible
under the circumstances of each case.
15
Article 15 — Coverage & Indemnity Dispute Resolution
15.1. After having reviewed a claim forwarded to the Pool, the Executive Director,
officer, employee or independent contractor shall, in writing, be permitted to decline to provide
coverage or indemnification for such claim not believed to be within the scope of coverage
provided by the Pool. The claim may also be accepted and defense provided but the Pool may
reserve the right to withdraw from the defense or to refuse to provide indemnification against the
claim in the event that it is later determined that the claim is not properly within the scope of
coverage afforded by the Pool.
Any Member may request in writing to the Chairman of the Board of Directors, that the
Executive Board, at a regular scheduled meeting, take official action to affirm, modify or reverse
a decision that a particular matter is or is not within the scope of coverage or indemnification
provided by the Pool. The Member shall be provided a full opportunity to explain their position
to the Executive Board. The Executive Board, by majority vote, may affirm, modify, reverse or
defer the matter to the Board of Directors, subject to any insurance or reinsurance contractual
obligations.
Any Member who disagrees with the Executive Board's determination may request in
writing that the Board of Directors, at a regular scheduled meeting, take action to affirm, modify
or reverse the decision of the Executive Board. The Member shall be provided a full opportunity
x lain their position to the Board of Directors. The Board of Directors, by majority Y J h' vote of the
p p
Members, may affirm, modify or reverse the decision of the Executive Board, subject to any
insurance or reinsurance contractual obligations.
Any Member may seek binding arbitration, if available, pursuant to the Pool's General
Coverage Document and, is not required to appeal a coverage or indemnification declination to
either the Executive Board or Board of Directors.
Article 16 - Contractual Obligation
16.1. Enforcement: This document shall constitute a binding contract under the Florida
Interlocal Cooperation Act of 1969 among those public agencies, which become Members of the
Pool. The obligations and responsibilities of the Members set forth herein, including the
obligation to take no action inconsistent with this Intergovernmental Agreement as originally
written or validly amended, shall remain a continuing obligation and responsibility of the
Member. The terms of this Intergovernmental Agreement may be enforced in a court of law by
the Pool.
The consideration for the duties herewith imposed upon the Members to take certain
actions and to refrain from certain other actions shall be based upon the mutual promises and
agreements of the Members set forth herein. This Intergovernmental Agreement may be executed
in duplicate originals and its passage by the Member's governing body shall be evidenced by a
certified copy of a resolution passed by the members of the governing body in accordance with the
rules and regulations of such public agency, provided, however, that except to the extent of the
limited financial contributions to the Pool agreed to herein or such additional obligations as may
come about through amendments to this Intergovernmental Agreement no Member agrees or
16
contracts herein to be held responsible for any claims in tort or contract made against any other
Member. The Members intend in the creation of the Pool to establish an organization for Risk
Management only within the scope herein set out and have not herein created as between Member
and Member any relationship of surety, indemnification or responsibility for the debts of or claims
against any Member.
16.2. Attorneys' Fees: In any legal action between the parties arising out of this
Agreement, any attempts to enforce this Agreement, or any breach of this Agreement, the
prevailing party may recover its expenses of such legal action including, but not limited to, its
costs of litigation (whether taxed by the court or not) and its reasonable attorneys' fees (including
fees generated on appeals) from the other party.
Article 17 - Expulsion or Termination of Members
17.1. Expulsion. By the vote of two - thirds (2/3) of the Directors serving on the Board of
Directors, and by a vote of at least five (5) out of the seven (7) Members serving on the Executive
Board on decisions, determinations or issues involving section 4.3 of this Intergovernmental
Agreement, any Member may be expelled. Such expulsion may be carried out for one or more of
the following reasons:
17.1.1. Failure to make any timely payments due to the Pool.
17.1.2. Failure to undertake or continue loss reduction and prevention procedures
adopted by the Pool.
17.1.3. Failure to allow the Pool reasonable access to all facilities of the Member
and all records which relates to the purpose, powers or functioning of the Pool.
17.1.4. Failure to furnish full cooperation with the Pool's attorneys, claims
adjusters, the Executive Director and any agent, employee, officer or independent
contractor of the Pool relating to the purpose, powers and proper functioning of the Pool.
17.1.5. Failure to carry out any obligation of a Member which impairs the ability of
the Pool to carry out its purpose or powers or functions.
17.1.6. The Preferred Member has given the sixty (60) days notice described in
Section 4.2 and 4.3 above.
17.2. Notice: No Member may be expelled except after notice from the Pool of the
alleged failure along with a reasonable opportunity of not less than thirty (30) days to cure the
alleged failure. The Member may request a hearing before the Board before any decision is made
as to whether the expulsion shall take place. The Board shall set the date for a hearing which shall
not be less than fifteen (15) days after the expiration of the time to cure has passed.
A decision by the Board to expel a Member after notice and hearing and a failure to cure
the alleged defect shall be final. The Board of Directors may establish the date at which the
expulsion of the Member shall be effective at any time not less than sixty (60) days after the vote
17
expelling the Member has been made by the Board of Directors. If the motion to expel the
Member made by the Board of Directors or a subsequent motion does not state the time at which
the expulsion shall take place, such expulsion shall take place sixty (60) days after the date of the
vote by the Board of Directors expelling the Member.
17.3. Responsibilities of Terminated Member: A former Member shall only continue to
be fully responsible only for its' portion of any obligations incurred but not satisfied during the
period of time they were a Member of the Pool. Such obligations may include, but not be limited
to, premiums, loss fund payments, maintenance deductibles, workers' compensations, final audit
and administrative fees, etc., owed or unpaid by the former Member. The former Member shall
no longer be entitled to participate or vote on the Board of Directors.
Article 18 - Special Provisions for Deferred Funding
During the fiscal years commencing on October 1, 1987 and ending on September 30,
1990, the entire Annual "Loss Fund" Contribution was not required by the Board of Directors to
be paid within the fiscal year to which it was applicable. The difference between the Annual
"Loss Fund" Contribution and the amount required by the Board of Directors to actually be paid
to the Pool during such year by a Member is referred to herein as Deferred Funding. Members
and former Members during any year for which there existed Deferred Funding may be required
by the Board of Directors upon recommendation of the Executive Director to pay their applicable
portion of the Deferred Funding in subsequent years. Members or former members will be
allowed forty-five (45) days after notification to make any payments of Deferred Funding. The
amount of any payments required for Deferred Funding as to each Member shall be based upon
the same formula as was used in establishing the Annual "Loss Fund" Contribution for that year.
Article 19 - Termination of the Pool
19.1. Termination: If, at the conclusion of any term of the Pool, the Board of Directors
votes to discontinue the existence of the Pool in accordance with Section 6.9.4., then the Pool
shall cease its existence at the close of the then current fiscal year. Under those circumstances, the
Board of Directors shall continue to meet on such a schedule as shall be necessary to carry out the
termination of the affairs of the Pool. It is contemplated that the Board of Directors may be
required to continue to hold meetings for some substantial period of time in order to accomplish
this task, including the settlement of all covered claims incurred during the term of the Pool. The
Pool shall continue to be fully responsible and obligated to pay covered claims and expenses owed
by the Pool, which accrued before the Pool's termination. The money used to pay such covered
claims and expenses shall remain with the Pool until such claims are settled and expenses are
paid.
19.2. Post - Termination Responsibilities of Member: After termination of the Pool, the
Member shall continue to hold membership on the Board of Directors but only for the purpose of
voting on matters affecting their limited continuing interest in the Pool for such years as they were
Members of the Pool.
18
In witness whereof, this agreement has been executed by the
Entity: . The approval of
the foregoing agreement was passed by the Entity:
on the day of , 20 , and
attached hereto, I do hereby execute and the does hereby attest to my
signature as evidence that the has
approved and hereby becomes a bound signatory member of the "Intergovernmental Cooperative
Agreement" for Public Risk Management of Florida, a copy of which is attached hereto, and
which is pursuant to Florida Statutes Section 163.01, which commenced its term on October 1,
1987.
Chairperson of Board
Chairperson, Public Risk
Management of Florida
ATTEST:
This day of , 20 .
19
Ch. 163 INTERGOVERNMENTAL PROGRAMS F.S. 1997 F.S. .S 1997
�.f
sale thereof, are at all times free from taxation of any facilities, property, franchises, or funds thereof as may all of the fore
kind by the state or by any political subdivision or other be within its legal power to furnish. projects.
agency or instrumentality thereof. The exemption (b) A public agency entering into an interlocal (b) In a
granted in this subparagraph is not applicable to any agreement may receive grants -in -aid or other assist- or legal entity
tax imposed by chapter 220 on interest, income, or ance funds from the United States Government or this with any one ,
profits on debt obligations owned by corporations. state for use in carrying out the purposes of the a. Any sL
(8) If the purpose set forth in an interlocal agree- interlocal agreement. b. One or
ment is the acquisition, construction, or operation of a ■10(11) Prior to its effectiveness, an interlocal agree- c. One or
revenue - producing facility, the agreement may provide ment and subsequent amendments thereto shall be d. Any otl
for the repayment or return to the parties of all or any filed with the clerk of the circuit court of each county d if the right
part of the contributions, payments, or advances made where a party to the agreement is located. and
o gpt
by the parties pursuant to subsection (5) and for pay- (12) Any public agency entering into an agreement set during the
ment to the parties of any sum derived from the reve- pursuant to this section may appropriate funds. and ect d t ee.
nues of such facility. Payments, repayments, or returns may sell, lease, give, or otherwise supply the adminis• of such legal c e
shall be made at any time and in the manner specified trative joint board or other legal or administrative entity ofiies, or in
in the agreement and may be made at any time on or created to operate the joint or cooperative undertaking agency or legal
or agrees
prior to the rescission or termination of the agreement by providing such personnel or services therefor as ment
or completion of the purposes of the agreement. may be within its legal power to furnish. me with the o
(9)(a) All of the privileges and immunities from lia- (13) The powers and authority granted by this sec- (herein, and s
bility; exemptions from laws, ordinances, and rules; tion shall be in addition and supplemental to those ment or and stir
and pensions and relief, disability, workers' compensa- granted by any other general, local, or special law. who are parties
tion, and other benefits which apply to the activity of Nothing contained herein shall be deemed to interfere such le entity
officers, agents, or employees of any public agents or with the application of any other law.
employees of any public agency when performing their (14) This section is intended to authorize the entry period, includin
respective functions within the territorial limits for their into contracts for the performance of service functions period, and may
respective agencies shall apply to the same degree of public agencies, but shall not be deemed to autho- and provisions,
and extent to the performance of such functions and rize the delegation of the constitutional or statutory section, as the F
duties of such officers, agents, or employees duties of state, county, or city officers. motion with ent
extraterritorially under the provisions of any such (15) Notwithstanding any other provision of this sec- any such agrees
interlocal agreement. tion or of any other law except s. 361 .14, any public or persons with i
(b) An interlocal agreement does not relieve a pub- agency of this state which is an electric utility, or any entity, or both, m.
lic agency of obligation responsibility with the selection
g y any g ation or P onsibili ty � im P osed separate legal entity created pursuant to the pu provisions may i
agreement
upon it by law except to the extent of actual and timely of this section, the membershi p of which consists only entity sea n
performance thereof by one or more of the parties to of electric utilities, and which exercises or proposes to a tit ity ors t n
t b
the agreement or any legal or administrative entity cre- exercise the powers granted by part II of chapter 361, pro of ea l a . 2
ated by the agreement, in which case the performance the Joint Power Act, may exercise any or all of the fol- of an
may be offered in satisfaction of the obligation or lowing powers: any public age
responsibility. (a) Any such public agency or legal entity, or both, public bidding, co
(c) All of the privileges and immunities from liability may plan, finance, acquire, construct, reconstruct, own, 2. Any such n
and exemptions from laws, ordinances, and rules lease, operate, maintain, repair, improve, extend, or be limited to, any
which apply to the municipalities and counties of this otherwise participate jointly in one or more electric prof a• Provisions
state apply to the same degree and extent to any sepa- ects, which are proposed, existing, or under construe- hereunder and pr
rate legal entity, created pursuant to the provisions of tion and which are located or to be located within or the parties therei
this section, wholly owned by the municipalities or without this state, with any one or more of the following: l default, including,
counties of this state, the membership of which con- 1. Any such legal entity; delivery c
sists or is to consist only of municipalities or counties of 2. One or more electric utilities; ° Party and requirerr
this state, unless the interlocal agreement creating 3 One or more foreign public utilities; or ''-°*' default who are en
9 P elE,
such entity provides to the contrary. All of the privileges 4. Any other person, from omed the use same ele
and immunities from liability; exemptions from laws, "'{
ordinances, and rules; and pension and relief, disabil- if the right to full possession and to all of the use,s
ity, and worker's compensation, and other benefits vices, output, and capacity of any such electric project services which wen
which apply to the activity of officers, agents, employ- during the original estimated useful life thereof 1s Party,
ees, or employees of agents of counties and municipal- vested, subject to creditors' rights, in any one or More b. Provisions c
ities of this state which are parties to an interlocal of such legal entities, electric utilities, or foreign p ption to purche
agreement creating a separate legal entity pursuant to utilities, or in any combination thereof. Any such public more other parties
the provisions of this section shall apply to the same agency or legal entity, or both, may act as agent or.dee• o ccurrences, and a
degree and extent to the officers, agents, or employees ignate one or more persons, whether or not partidpet' firms and condition
of such entity unless the interlocal agreement creating ing in an electric project, to act as its agent incoonlc' ethstanding the lim
such entity provides to the contrary. tion with the planning, design, engineering, u� = ol any law to the co
(10)(a) A public agency entering into an interlocal acquisition, construction, completion, manager' C. Provisions s
agreement may appropriate funds and sell, give, or oth- control, operation, maintenance, repair, renewal,: else interests of th
erwise supply any party designated to operate the joint tion, replacement, improvement, modification, ineur' d. Provisions fc
or cooperative undertaking such personnel, services, decommissioning, cleanup, retirement, or dispo ,_ ' . n9, licensing, acgi
1218