5/24/1994 - Laserfiche WebLink

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MAY 2 4 1994 boa 192 FxE5.3 IRC COUNTY FACILITIES' INSURANCE The Board reviewed the following memo dated 5/23/94: TO: Jack' Price, Personnel Director FROM: Beth Jordan, Risk Manage DATE. 23 May 1994 SUBJECT: County Facilities' Insurance 4 _ The following is written to clarify some of the issues recently raised during discussions of the County's .facilities insurance coverage policy. According to Thomas W. Rynard's Insurance and Risk Management for State and Local Governments, published by Matthew Bender, "Undbr the various governmental tort liability statutes, the risk of liability is, perhaps, greatest in the context of injuries on public property." Mr. Rynard goes on to discuss the history of such liability, explaining that "under the govemmental/proprietary distinction, if the property was used solely for governmental or 'public' purpdses, there was immunity from liability for injuries occurring in connection with the property. In contrast, if the property was used for a proprietary function, i.e., an income was derived from the property or the activity was one carried on by private individuals, then general principles of negligence would apply as sovereign Immunity would not be -available to the local- government" (Emphasis added). When the County adopted its modified self-insurance program in 1990, as drafted by Siver Insurance Management Consultant's legal staff, it was for these reasons and based upon Florida statutes and case law that insurance requirements for leases, franchises and use agreements involving the use of County -owned facilities or operations in the public way were included (AM 1000.6, pages 7 and 8 of 8). General liability is required for bodily injury and property damage; workers' compensation and auto liability are also required, N applicable. When the County leases property for government business, its liabilities follow the lease requirements. In the instance of the Verb Lake Estates volunteer fire department property, the County is required, among other things, to maintain insurance coverages and provide maintenance. Special risks are attached to such a lease. Unlike a library, for example, which is designed for public use, an Emergency Services' station Is primarily focused on housing the equipment necessary for emergency response, including such items as trucks, personal protective equipment, and tools, all of which may present danger to those who are untrained in their use. The County has a duty to protect its firefighting and emergency response assets. It also has a duty to protect the untrained public from injury in such a setting; this Is why the public cannot go unescorted through Emergency SeMm' stations. When the volunteer station is used for meetings of the volunteer firefighters, it is understood that chose in attendance are trained In the use of the equipment on hand and that they have a dear understanding of the dangers posed by improper use. Additionally, these volunteer firefighters are covered under the workers' compensation statute when they are acting within the course and scope of their volunteer firefighter duties.