Ordinance 025-1988
t
Monroe County Commission
ORDINANCE NO. 025 -1988
AN ORDINANCE OF MONROE COUNTY, FLORIDA,
DECLARING THAT AN EMERGENCY EXISTS AND
WAIVING NOTICE BY A FOUR-FIFTH' S VOTE;
ADOPTING AND IMPLEMENTING THE MONROE COUNTY
RISK MANAGEMENT PROGRAM; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
WITH THIS ORDINANCE; PROVIDING FOR INCLUSION
IN THE MONROE COUNTY CODE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, an emergency is hereby declared and notice is
hereby waived by a four-fifth's vote in that it is imperative to
adopt and implement the Monroe County Risk Management Program in
order to protect the health, safety and welfare of the citizens
of Monroe County, Florida, now, therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
Section 1. An emergency is hereby declared and notice is
hereby waived by a four-fifth's vote.
Section 2. Creation of Program.
(a) There is hereby created a Risk Management Program for
Monroe County, Florida. The uninsured loss fund therefor shall
be a continuing appropriation, notwithstanding fiscal years, to
be used for payment of the administrative costs, expenses,
settlements, judgments and claims of the County. The uninsured
loss fund shall be an internal service fund into which premiums
will be paid from appropriate County funds. Monies from the fund
shall be used to pay legitimate claims made against the County.
The County Administrator or his designee shall calculate
annually, for each fiscal year, the amounts of internal payments
and transfers required to be remitted to the uninsured loss fund
for the respective departments and offices insured hereby which,
when added to the expected fund balance from the preceding fiscal
year, will adequately fund the reserve and expected claims for
the fiscal year.
The sum total of these amounts is hereafter
referred to as
"the County premium." There shall be paid into the uninsured
loss fund: (i) an annual appropriation in the amount of the
County premium and (ii) earnings on investments made pursuant to
subsection (b) of this section.
(b) The County Administrator shall maintain with Commission
approval the Uninsured Loss Fund. He shall, when appropriate and
with Commission approval, determine and obtain necessary
financial arrangements which shall include the purchase of
insurance when deemed appropriate to ensure against catastrophic
losses which may exceed the resources of the fund.
(c) A safety program shall be established under the
direction of the County Administrator or his designee to identify
and implement ways and means to reduce or eliminate unsafe
conditions or practices for which losses may occur. The safety
program may include such rewards, disciplines or penalties as may
tend to reduce losses and promote safety.
Section 3. Uninsured Loss Fund. Recognizing the importance
of maintaining the financial integrity of the Uninsured Loss
Fund, the County hereby establishes the following general
procedures regarding the administration of the fund:
1. The Clerk of the Circuit Court of Monroe County
(hereafter the Clerk) shall be responsible for the administration
of all financial affairs of the Uninsured Loss Fund.
2. In administering the Uninsured Loss Fund, the Clerk
shall adopt and follow generally accepted accounting standards
and procedures.
3. The Board of County Commissioners shall establish the
amount of the fund of the Uninsured Loss Fund for each forth-
coming fiscal year upon the recommendation of the County
Administrator and, at the direction of the Board, upon the advice
of an independent actuary.
4. If for any reason the unrestricted balance in the
Uninsured Loss Fund is a negative balance during the fiscal year,
such fact shall be noted in a written report by the County
Administrator to the Board of County Commissioners. The County
Administrator shall, from time to time, recommend such additional
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appropriations or budget amendments as may be required to assure
the solvency of the Uninsured Loss Fund.
5. The County Administrator and Clerk shall pay, or cause
to be paid, all approved claims for damages or other liability
arising out of any loss not covered by the County's insurance
policies.
6. The County Administrator and the Clerk are authorized to
payor cause to be paid from the Uninsured Loss Fund the
administrative costs and the fees and costs involved in or
related to the retention and use of support services for the
program.
7. The program shall be financed by funds placed in the
Uninsured Loss Fund hereby established to which shall be credited
all money deposited by appropriation or from any other source
related to said fund. The fund shall consist of:
(a) Any appropriation heretofore made for the
expenditure of public funds to protect the County
against loss, including related insurance premiums.
(b) Appropriations for the payment of losses,
claims and judgments against the County.
(c) Any costs, contributions or indemnities
recovered from other parties.
(d) Fines and forfeitures levied against employees
as a result of being found responsible for
preventable accidents and losses.
(e) Income accruing from the investment of the
fund.
8. Funds are to be expended in accordance with the
provisions and for the purposes stated in this article. The fund
shall be segregated from other funds of the County, shall be
appropriated in the annual County budget and shall be admini-
stered under the direction of the County Administrator.
9. For the purpose of this article "losses" shall be
defined as loss of or damage to real and personal property not
recoverable from insurance or any other source; "claims" shall be
defined as all actual or alleged responsibilities to others
arising out of the ownership, maintenance and use of all County
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property, all operations of the County, and all acts or omissions
of the County's elected officials, appointees, agents and
employees while acting within the scope of official duties.
Except that, in the best interest of the County, the following
risks are to remain separately insured and non-participatory in
the program:
(a) Property and General Liability Risks of the
Municipal Service District - Waste.
(b) Auto Liability, General Liability and Medical
Malpractice Risks of Fire and Ambulance operations.
(c) Airport Liability.
(d) All operations of the Sheriff's Department.
Section 4. Claims administration.
(a) All losses and claims shall be referred to the office
of risk management. Said losses and claims shall be investigated
and reported to the County Administrator in accordance with
administrative procedures to be promulgated by the County Admini-
strator. In the event legal proceedings may be involved, the
County Attorney shall be so advised.
(b) The County Administrator may employ such investigative,
adjusting or consulting services as may be required to
effectively carry out the provisions of this article.
Section 5. Payment of claims.
(a) The County Administrator is authorized to request
disbursement of money from the Uninsured Loss Fund as herein
provided for the purposes of carrying out the intent of this
article.
(b) The Risk Management designee of the County Admini-
strator may settle and pay all losses of or damages to County
property upon appropriate investigation and documentation.
(c) The County Administrator may compromise, settle and pay
all claims which may be discharged by payment of an amount not to
exceed Twenty Five Thousand Dollars ($25,000) for each individual
claim.
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. ,
Such settlement or compromise shall be for all damages claimed
for bodily injury, property damage or both.
(d) Proposed settlements in excess of Twenty Five Thousand
Dollars ($25,000), but not more than Fifty Thousand Dollars
($50,000) for each individual claim, shall be reviewed by the
County Administrator, the County Attorney, the Risk Management
designee and the independent adjuster if one has been retained.
Payment shall be made upon concensus of the committee.
(e) Proposed settlements in excess of Fifty Thousand
Dollars ($50,000) shall be submitted to the County Commission for
its approval.
Section 6. Subrogation.
It shall be the responsibility of the Risk Management office
to pursue recovery of any losses or claims paid as a result of
the acts of a third party tort feasor when it is practical to do
so.
Section 7. Legal Services.
The County Attorney shall perform all legal services
required to accomplish the purpose of the risk management program
regarding defense or prosecution or when requested by the County
Administrator, the negotiation of settlements of claims or suits.
The County Attorney may obtain outside legal services which shall
be paid for by the fund when said services are deemed necessary
and in the best interest of the County.
Section 8. Costs of administration.
(a) All costs and expenses allocated to a specific loss or
claim shall be paid for by the fund.
(b) Any unallocated costs and expenses associated with or
related to the risk management program may be paid for by the
fund upon the approval of the County Administrator.
Section 9. Severability.
If any section, subsection, sentence, clause or provision of
this ordinance is held invalid, the remainder of the ordinance
shall not be affected by such invalidity.
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Section 10. Repeal.
All ordinances or parts of ordinances in conflict with this
ordinance are hereby repealed to the extent of any such conflict.
Section 11. Inclusion in the Code.
The provisions of this ordinance shall be included and
incorporated in the Monroe County Code as an addition or amend-
ment thereto and shall be appropriately renumbered to conform
with the uniform numbering system of the Code.
Section 12. Effective Date.
This ordinance shall take effect when a certified copy of
said ordinance has been accepted by the postal authorities of the
Government of the United States for special delivery by
registered mail to the Secretary of State of the State of
Florida.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 19th day of April, A.D. 1988.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY, f2tf-7f{(~/ ... ~
Ma~ Chairman
(SEAL)
Attest:D'^1\TNY T 17"""'"T~
.n.I.'j .u., ::"~)1.:.tIAG~, Clerk
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PASSED AND ADOPTED: 1.{ ~ Ij - <6 ~
EFFECTIVE DATE: 4 - 0< ~ - ~ X
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 743-9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (305)852-9253
April 22, 1988
REGISTERED MAIL
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
Department of State
The Capitol
Tallahassee, Florida 32301
Dear Mrs. Cloud:
Enclosed please find a certified copy of Emergency
Ordinance No. 025-1988 adopting and implementing the Monroe
County Risk Management Program; etc.
This Emergency Ordinance was adopted by the Monroe
County Board of County Commissioners at a Regular Meeting in
formal session on April 19, 1988.
Please file for record.
Very truly yours,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By'
Shelley
Deputy C
Enclosure
cc: Municipal Code Corp.
Mayor E. Lytton
All Commissioners
~ County Attorney
County Administrator
~a Perez, Risk Management
. fZ SO'g '(10 ~31
Coordinator
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FLORIDA DEPARTMENT OF ST ATE
Jim Smith
Secretary of State
DIVISION OF ELECTIONS
Room 1802, The Capitol
Tallahassee, Florida 32399-0250
(904) 488-8427
April 26, 1988
Honorable Danny L. Ko1hage
Clerk of Circuit Court
Monroe County Courthouse
Key West, Florida 33040
Attention: Shelley Brown, Deputy Clerk
Dear Mr. Ko1hage:
this
Pursuant to the provisions
will acknowledge:
1. Receipt of letter/s of
and certified copy/ies
County Ordinance(s)
of Section 125.66, Florida Statutes,
April 22, 1988
of Monroe Emergency Ord.
# 88-25
2. Receipt of
relative to:
County Ordinance(s)
(a)
which we have numbered
(b)
which we have numbered
3. We have filed this~~se ordinances in this office
on April 25, 1988.
4. The original/duplicate copy/ies showing the filing date
is/are being returned for your records.
SJ;Y'~
Liz Cloud, Chief
Bureau of Administrative Code
LC / mb
ACKNOWLEDGMENT
DATE:
June 7, 1988
TO:
Monroe County, Florida
(Supplement No. 33)
We are in receipt of the following material which will be con-
sidered for inclusion in the next Supplement to your Code:
Ordinance Nos. 025-1988
through 028-1988
Corrected copies of 023-1988
and 024-1988
Resolution No. 207-1988
Thank you for your assistance and cooperation.
sr
~~ ftr'~
Robert L. Laslie
Vice President . Supplements
Municipal Code Corporation