Item C29
MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Julv 17. 2002
Bulk Item: Yes -L No
Division: Public Safety
Department: Fire-Rescue
AGENDA ITEM WORDING: Approval of Agreement Addendum with Ocean Reef Volunteer Fire
Department, Inc., providing for their volunteer firefighters to be included in the Worker's Compensation
Program for Monroe County
ITEM BACKGROUND: Greg Lundsford, Public Safety Administrator, Ocean Reef Volunteer Fire
Department, Inc., has advised that Ocean Reef is having difficulty obtaining workers compensation
coverage on their volunteer firefighters. He has requested that their volunteers be included in Monroe
County' s Workers Compensation Program. Any costs associated with this coverage will be paid by Ocean
Reef Volunteer Fire Department, Inc. (see attached).
PREVIOUS RELEVANT BOCC ACTION: On December 19,2002, the Board approved an agreement
with Ocean Reef Volunteer Fire Department concerning emergency medical and fire-rescue services in
Municipal Services Taxing District 7 for Fiscal Year 2002,
CONTRACT/AGREEMENT CHANGES: Section 9. Insurance, concerning workers compensation
coverage for the volunteer firefighters on Ocean Reef Volunteer Fire Department, Inc.
STAFF RECOMMENDATION: Approval
TOTAL COST: $960.43 per volunteer
COST TO COUNTY: $0.00
REVENUE PRODUCING: Yes No.-X.. AMOUNT PER MONTH
BUDGETED: Yes
No
N/A
APPROVED BY: County Atty. Yes Yes
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included:-X
DISPOSITION:
James R. "Reggie" Paros
To Follow: _ Not Required: _
Agenda Item #: ~ --02-/,
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MONROE COUNTY BOARD OF COUNTy COMMISSIONERS
CONTRACT SUMMARY
Cootract #
Contract with: Agreement Addendum with Effective Date: Upon approval
Ocean Reef Volunteer Fire Depanment.
Inc.
Expiration Date: September 30. 2002
Contract PurposelDescription: Amends Section 9. concerning workers compensation coverage
Contract Manager: James R. Paros
(Name)
6002
(Ext.)
Public Safety Division - Stop 14
(Department)
for BOCC meeting on ]ulv 17 2002
Agenda Deadline: Julv 3 2002
CONTRACT COSTS
Total Dollar Value of Contract: $ o/a Current Year Portion: $
Budgeted? YesO No D Account Codes: -
Grant: $ -------
County Match: $ --------
- - - -
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ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (e2. maintenance. uIilities, ianitoriaL salaries. etc.)
CONTRACT REVIEW
Changes
Date In Needed
Division Director YesO No
Risk Management YesDNoS" .~
O.M.B./Purcbasing ,IS!D"l.--YesONoG!'" ~
County AttOrney. ., IS?' i V 2.YesO Nog/ ~
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Comments:
OMB Fonn Revised 9/11195 MCP #2
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AGREEMENT ADDENDUM
TIDS AGREEMENT ADDENDUM is made and entered into this day
of ~ 2002, between the Board of County Commissioners of
Monroe County, Florid~ acting as the governing body of Municipal Services Taxing
District #7, hereinafter referred to as the "District" and the Ocean Reef Volunteer Fire
Department, Inc., hereinafter referred to as the "Department", in order to amend the
agreement between the parties dated December 19, 2001, to add the following:
1. Section 9. Insurance
e. The Department shall obtain and maintain General Liability, Vehicle Liability,
Medical Professional Liability and workers' compensations insurance for paid
employees, excluding volunteer firefighters, as specified below throughout the
term of this contract.
f The District will provide Workers Compensation insurance for the volunteer
firefighters of the Department. The Department will reimburse the District the
cost of said insurance upon being invoiced by the District.
2, In all other respects, the agreement between the parties dated December 19,2001
remains in full force and effect,
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the
day and year first written above,
BOARD OF COUNlY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor/Chairman
(SEAL)
ArrEST: DANNY L. KOUIAGE, CLERK
By:
Deputy Clerk
OCEAN REEF VOLUNTEER FIRE
DEPARTMENT, INC,
David C. Ritz
Community Administrator
AGREEMENT FOR EMERGENCY MEDrCAL
AND FIRE PROTECTION SERVICES
AGREEMENT, made this /e; fA day of D~ p~ 2001 by and between the Board of
County Commissioners of Monroe County, Florida, acting as the governing body of Municipal Service
Taxing District #7, hereinafter referred to as the "District" and the Ocean Reef V olunteer Fire
Department, Inc. hereinafter referred to as the "Department".
WHEREAS, the District has the power to contract for emergency medical, rescue and fire protection
services for the area having territorial boundaries:
From the northern boundary of the City of North
Key Largo Beach up to the Dade County line.
(Corresponding with 500 R from the northern boundary
to 50 N.L. and the same being a portion of Election
Precinct 25 lying north of the northern boundary of the
City of North Key Largo Beach up to the Dade County line) Ocean Reef,
and
WHEREAS, the Department desires to provide emergency medical, rescue, and fire protection
services to the District, now, therefore,
BE IT UNDERSTOOD, that the parties hereto mutually agree as follows:
1. The term of this Agreement shall commence as of the 1 st day of October, 200 I, and end on the
30th day of September, 2002, and is subject to renewal by agreement of both parties in writing.
2. The Department shall be primarily responsible for providing advanced life support level
emergency medical transport services, rescue services and fire protection to the District.
3. The Department shall provide mutual assistance response to adjoining district when requested,
unless all departmental resources are already in service on other business, incapacitated or to do
so would leave the District unattended.
4. The Department shall have on call and available for immediate response all necessary trained
personnel, emergency vehicles and associated and/or related equipment to provide the intended
services on a twenty-four (24) hour basis. (See Attachments A & B.)
5. Medical and Communications Equipment:
a. The District has acquired medical and communications equipment through grants
provided by the Florida Department of Healt~ Bureau of Emergency Medical Services.
The District shall assign the medical and communications equipment, per Attachment
C, to the Department, to assist in providing emergency medical transport of the District;
medical and communications equipment remains property of the District.
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b. The Department shall provide a system for property control of the medical and
communications equipment, provide for periodic inspection and testing of the
equipment, and provide preventative and general maintenance and repair as required.
c. The Department shall be responsible for all costs of functions and services associated
with the equipment.
6. All operations of the Department shall conform to applicable laws, rules, regulations and
standards.
7. The District shall not levy ad valorem ta'(es for the purpose of financing emergency medical,
rescue and fire protection services during the term of this Agreement, as requested by the
Department. The Department shall generate income through corporate and individual
donations as well as fund raisers to employ and equip the personnel necessary to perform such
emergency. services activities and therefore, does not require funding from the District to
perform such services.
8. The Department covenants and agrees to indemnify and hold hannless Monroe County Board
of County Commissioners and the District, their officers, agents and employees, from any and
all claims for bodily injury (including death), personal injury, and property damage (including
property owned by Monroe County) and any other losses, damages, and expenses (including
attorney's fees) which arise out of, in connection with, or by reason of services provided by the
Department, occasioned by the negligence, errors, or other wrongful act or omission of the
Department or its employees.
9. Insurance:
a. As a prerequisite of the work governed under this contract, the Department shall obtain,
at its expense, insurance as specified in this contract. The Department shall maintain
the required insurance throughout the entire term of this contract.
b. The Department shall provide, to the County, as satisfactory evidence of the required
insurance, either: a Certificate of Insurance or a certified copy of the actual insurance
policy. The County, at its sole option, has the right to request a certified copy of any or
all insurance policies required by this contract.
c. All insurance policies must specify that they are not subject to cancellation, non-
renewal,.material change, or reduction in coverage unless a minimum of thirty (30) days
prior notification is given to the County by the insurer.
d. The acceptance and/or approval of the Department's insurance shall not be construed as
relieving the Department from any liability or obligation assumed under this contract or
imposed by law.
e. The Department shall obtain and maintain General Liability, Vehicle Liability, Medical
Professional Liability and workers' compensations insurance as specified below
throughout the term of this contract.
Page 2
General Liability
A minimwn limit of$I,OOO,OOO Combined Single Limit (CSL) and include, as a
mInimum:
* Premises Operations
* Products and Completed Operations
* Blanket Contractual Liability
* Personal Injury Liability
* Expanded Definition of Property Damage
An Occurrence form policy is preferred. If coverage is provided on a Claims Made
policy, its provisions should include coverage for claims filed on or after the effective
date of this contract. In addition, the period for which claims may be reported should
extend for a minimwn of twelve (12) months follo'lNing the acceptance of work by the
County.
Vehicle Liability
A minimwn limit of$I,OOO,OOO Combined Single Limit (CSL) for all owned, Non-
Owned and Hired Vehicles.
The Monroe County Board of County Commissioners and the District shall be named as
Additional Insured on the above General and Vehicle Liability policies.
Medical Professional Liability
A minimum limit of$I,OOO,OOO per occurrence/$3,000,000 Aggregate. If coverage is
provided on a claims made basis, an extended claims reporting period of four (4) years
'lNill be required.
Workers' Compensation and Emplovers' Liability
Workers' Compensation Insurance 'lNith limits sufficient to respond to the applicable
state statutes.
Employers' Liability Insurance 'lNith a minimum limit of:
* $500,000 Bodily Injury by Accident
* $500,000 Bodily Injury by Disease, policy limits
* $500,000 Bodily Injury by disease, each employee
Coverage shall be provided by a company or companies authorized to transact business
in the state of Florida and the company or companies must maintain rating of A-VI, as
assigned by the A.M. Best Company.
10. The District may terminate this Agreement at any time during its term if the Department
defaults under any of the provisions specified herein, or violates any standard specified in this
Agreement, or violated any other law, rule, regulation or standard applicable to furnishing of
emergency medical, rescue, and fire protection services in Monroe County. In such event, the
County Administrator shall furnish the Department written notice of any such default or
Page 3
violation and the Department shall have thirty (30) days from receipt of said notice to correct or
remedy such default or violation. If such default or violation is not corrected or remedied
within said thirty (30) day period, or is of such nature that it can not be corrected or remedied,
this Agreement shall be considered void. The Department may terminate this Agreement
without cause by giving one hundred-eighty (180) days written notice indicating its desire to
terminate same.
11. Notice under this Agreement shall be given to the District by sending written notice to the
Office of the County Administrator, Public Service Building, Wing II, 5100 College Road, Key
West, FL 33040 and notice shall be given to the Department by sending written notice to the
Community Administrator of the Ocean Reef Community Association, 24 Dockside Lane,
#505, Key Largo, FL 33037. .
IN WITNESS WHEREOF, the undersigned have executed this agreement on the day and year
first written above.
(CORPORATE SEAL)
OCEAN REEF VOLUNTEER FIRE DEPT.,
INC.
~ le.1J -
~J -VLct;
David C. Ritz J
Ccmmunity Administrator
Attest: Danny L. Kolhage, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE CO -:l, FLORIDA
:~~ C ,lClu)6~
Clerk
MAYOR
Approved as to form and legal sufficiency:
B~~
. Co ttorney
.:.page .4----- .
.~_._--~
Ocean Reef Public Safety Department
June 5, 2002
ftJ.~
Monroe County Emergency Management
Attn: Reggie Paros, Director of Public Safety
490 63rd Street, Suite 150
Marathon, FL 33050
Dear Mr. Paros:
The Ocean Reef Volunteer Fire Department has recently encountered difficulty obtaining
Workers Compensation coverage for our Volunteer Fire Fighters. Please see enclosed
letter from our insurance representative stating their reasons for denial of coverage.
Due to our difficulty obtaining Workers Compensation coverage, we request that we be
included in the Monroe County Workers Compensation policy for Volunteer Fire
Departments. This would require an amendment to our current enclosed contract with the
Monroe County Board of Commissioners which states that we own responsibility for
providing Workers Compensation.
Until resolution of this issue has been reached we will not allow members of our
Volunteer Fire Department to report for duty. Any assistance you can provide with
expediting this process is greatly appreciated.
~'/~'
Gre~sford
Public Safety Administrator
24 Dockside Lane PMB 505
Key Largo, FL 33037
305/367-2222 · Fax 305/367-3139
\
Eileen S Y odanis, CPCU
Viee President
Marsh USA fne,
1560 Sawgrass Corporate Pkwy. #300
Sunrise FL 33323
9548383484 Fax: 954 838 3700
eileen. yodanis@marsh.eom
May 17,2002
MARSH
Ms. Suzy Anderson
Ocean Reef Community Association
35 Ocean Reef Dr. #200
Key Largo FL 33037
Subject: Workers Compensation
Harbor Specialty Insurance Co.
Policy #0994415102
Dear Suzy:
We have been back and forth with the insurer in an attempt to obtain workers compensation
coverage for your volunterr firefighters. Harbor Specialty is not willing or able to provide
this coverage for the following reasons:
(1) Workers Compensation includes coverage for lost wages and for medical expense. Since
the firefighters are not paid by the fire department, but may be paid from another job, the
insurer would end up paying lost wages for the firefighters other job. This also presents a
problem for those firefighters who have no other employment.
(2) Although the need for firefighters has been minimal, the exposure is too hazardous for
the carrier to insure.
(3) Underwriters were not willing to add for a premium charge.
(4) Volunteers are exempt under the Workers Compensation statute and an employer/business
is not legally obligated to provide workers compensation coverage to volunteer.
(5) If the issue is obtaining medical coverage for the volunteers, we recommend you look
into purchasing medical coverage (including accidental death & dismemberment) on a
stand alone basis. Marsh can offer assistance in providing a proposal to you.
Suzy, will be glad to discuss this issue with you further. Perhaps you can advise how this subject
originally came up (or has it come up now and then over the years?).
Regards,
Eileen
Eileen S. Yodanis, CPCU
Vice President
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CIWlNDOWSITEMPIORCA WC_.doc