§ 2-2-202. Establishment, purposes and intent.

(a)

This article shall be known as the "Manatee County Risk Management and Self-Insurance Code."

(b)

Notwithstanding, any provisions of this self-insurance ordinance, the duties and responsibilities and authority conferred upon the county attorney in sections 2-2-30 through 2-2-35 of this Code, shall continue in full force and effect.

(c)

The self-insurance program is established to provide a system through which the county can protect its assets, comply with applicable legal requirements, and meet its liabilities under state and federal law. This program includes retention of risk for liability to third parties, for workers' compensation benefits to employees, for repair and replacement of damaged county vehicles and other property, and for asserting claims against other persons and entities. It also includes management of sufficient commercial insurance to cover catastrophic losses and liabilities.

The

intent of the self-insurance program is twofold:

(1)

The first is to provide coverage in the same manner, method, and to the same extent as though commercial general liability, automobile liability, automobile collision, automobile comprehensive, workers' compensation, and property insurance had been purchased.

(2)

The second is to fairly and promptly compensate persons injured by acts or omissions of county employees for which the county has liability under the terms of this article.

(d)

The board of county commissioners finds proper management of potential liabilities involves complex legal issues and often requires skilled litigation to defend the interests of the county. Therefore, overall responsibility for the self-insurance program is assigned to the county attorney.

(e)

The county does not intend to waive its sovereign immunity by establishing this self-insurance program and/or purchasing various commercial insurance policies. The county reserves its rights to assert sovereign immunity to the extent allowed by law and to assert restrictions, conditions and limitations on the settlement of claims and the payment of judgments, as set forth in applicable state or federal law.

(f)

No contract or agreement entered into by the county or by an entity insured under this article shall agree to provide self-insurance coverage or indemnification in any amount above the limits set forth herein and in Florida Statutes and law.

(g)

Commercial insurance may be purchased with appropriate county funds other than those of the self-insurance fund to meet contractual obligations, including but not limited to automobile rental contracts.

(h)

Elected officials, as defined above, may choose to purchase insurance coverage of their own for various risks. If so, the purchased insurance shall be primary, and any self-insurance coverage or county-purchased insurance coverage will be secondary.

(i)

Nothing in this article shall be construed as authorizing any agreement to indemnify another governmental entity, except, as authorized by Section 768.28, Florida Statutes, for damages caused by the negligence of employees acting in the course and scope of their employment.

(Ord. No. 16-26 , § 2, 10-25-16)