Resolution 222-1989
Janes R. Pares
Public Safety Division
RESOLUl'ION NO. 222 -1989
A RESOI1.1l'ICN OF THE OOARD <F COUNTY <XM-1ISSIONERS OF
MCIffiOE COONTY, FIDRIDA, AUI'HORIznoc; THE CHAIRMAN 'ID
EXECIJI'E AN ~ BE'.IWEEN THE KEY LAROO VOI1JNTEER
FIRE DEPAR'IMENT, INC. AND SPEX:IAL TAXING DISTRIcr 6,
'lHROOGH THE M:Jom:>E COUNTY' BOARD OF CaJNTY
COMofiSSICNERS CONCERNING THE REIMBURSEMENT OF
VOLUNl'EERS
BE IT RESOLVED BY THE OOARD OF COUNTY' CCMITSSICNERS OF M:NOOE COUNTY,
F.WRIDA, that the Chainnan is hereby authorized to execute an agreerrent
between the Key Largo Volunteer Fire DepartJrent, Inc. and Special Taxing
District 6, through the M::mroe County Board of County Corrmissioners,
copies of same bein:] attacbad hereto and made a part thereof, concerning
the reimbursement of volunteers.
PASSED AND ADOPTED by the Board of County Corrmissioner of M::mroe
Comty, Florida, at a regular meeting of said Board held on the a8-1tJday
of UflL11
, A.D. 195Y.
OOARD OF Cot:lN'lY CCMn:SSIONERS
OF MONROE COONTY, F.WRIDA
By //11~~
Mayor Cha
(Seal)
Attest: :RANNY L. KOLHAGE, ~ler:k:
~L'~1~"~
Approved as to fonn and legal
sufficiency.
[2 LL//
By:
County Attorney's Office
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AGREEMENT
THIS AGREEMENT, made and entered into this
day of
, A.D., 19____ between Special Taxing District
No.6, hereinafter referred to as the "District" and the Key
Largo Volunteer Fire Department, Inc., hereinafter referred to
as the "Department",
WIT N E SSE T H:
WHEREAS, the various special. taxing districts have been
further organized into departments as nonprofit corporations for
the purpose of providing fire protection and rescue facilities
in Monroe County, and
WHEREAS, such fire and
,
rescue protection is for the
furtherance of the common good of Monroe County and
WHEREAS, the Department and the Special Taxing District
No.6, through the Board of County Commissioners of Monroe
County, Florida as the governing body, have agreed and provided
by ordinance for the various departments to reimburse their
volunteer personnel and chiefs from funds strictly within the
budget of the various special taxing districts, and
WHEREAS, the various firefighters and ambulance personnel
in the respective special taxing districts are available and are
on constant alert as firefighters and volunteers in various
life-saving activities, and
WHEREAS, these parties now desire to formally agree for the
reimbursement of volunteers for expenses relating to said
services and the various volunteer departments do ag~ee thereto,
now, therefore,
BE IT UNDERSTOOD, that in consideration of the covenants
agreed to herein and other good and valuable considerations, the
parties hereto Agree as follows:
1. As.u.in~ the availability of budgeted funds,
volunteers shall ae:rve both fire fighting and rescue purposes in
their districts; and shall be re!l.burs'-d at the rate of $100..00
pe~ month, Chief. -ball be reimbursed at the rate of $250.00 p~r
month.
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2. NO payments shall be made as provided above until the
volunteers and chiefs have signed the master list which is to be
attached hereto.
3. Monroe County and/or the special taxing districts
currently maintains and shall provide Worker's Compensation
Insurance for the volunteers specified herein for the duration
of this agreement.
4. Each of the volunteers of the Departments described
herein shall furnish and keep in full force and effect a policy
of liability insurance on his private vehicle(s) in such amounts
of coverage as are required under Florida law.
Proof of
insurance in a form acceptable to the District shall be p~vided
by each volunteer.
5. Monroe County and/or the special taxing districts
shall keep in full force and effect _ policy ot l~obi~~~y
insurance on all emergency vehicles owne~ by the County and/or
special taxing districts and used by the Depar~nts, which
policy shall also provide secondary, or back-up, coverage on
private vehicles only during such times as they are operated in
response to a call for the emergency services of the
Department.
Such period of operation shall be dee_d to begin
at the ti.. a volunteer enters a priva~e vehicle for the purpose
of responding to a call and to end at such a time as the
volunteer returns to his home or, in the case of a volunteer who
makes an intermediate stop on his way ~o hi. home, to the first
location to which
he drives after the completion of his
participation in the emergency se~ices that were the subject of
the call.
6. The Department shall keep in full force and effect a
policy of liability insurance on all emergency vehicles owned by
the Department and used in providing ...rqency services wi thin
the District.
$300,000.00
Sa~d policy shall be. ~n the amount of at least
1 f'
combined single limit arid shall also
name the
,
Monroe County Board of County COIPIlissioners as insured.
Proof
of inSUr8t1Ce in a form acceptable to the District shall be
provided by each Department.
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7. Nothing contained in this agreement shall cause the
volunteers to be deemed or held to be agents or employees of
Monroe County or of the special taxing districts. Monroe County
and the special taxing districts shall have no liability or
responsibility in connection with the subject of this agreement
other than the payment of the reimbursement provided in
paragraph 1 and the furnishing of insurance as provided in
paragraph 5.
Monroe County and the special taxing districts
assume no liability for, and each of the volunteers agrees to
hold said County and District harmless from any and all claims
that may arise from the actions or the inaction of the
volunteer, whether in the course of his volunteer efforts or
not, and that are not covered by the insurance required under
the provisions of paragraph 5. The provisions of this paragraph
shall not alter the legal relationships of the parties existing
before the execution of this agreement with regard to the
potential vicarious liability. The purpose for the inclusion of
this paragraph is to memorialize the existing understanding of
the parties.
8. No compensation shall be paid to the volunteers by
Monroe County or the special taxing districts except the
reimbursement provided in this agreement or in any extension or
written modification.
9.
j!L
This is a three-year agreement, beginning on the
"elM
,) )
day of ()r AD rxlU , 1989 and ending on the
day of .J.Jf V'lllbuv , 1992.
I
Either party may cancel this agreement by giving a
10.
sixty (60) day written notice.
11. Each contract or agreement entered into by the
special taxing districts and the Departments shall also be
executed by the volunteers before reimbursement is made. A
signed roster of all volunteers and all chiefs shall be provided
for the Finance Department.
The signature and agreement of the
individuals as prescribed in this section is a condition
precedent to the disbursement of any reimbursements provided fQr
in said agreement on this ~ gtiJ. day of apUL , 19f1.
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12. The governing board of the County has approved this
agreement and has authorized its presiding officer to sign it on
the c:;? S 16 day of Of7A-:L , 1989.
13. The special taxing districts, acting as volunteer
fire/rescue departments, as set forth in Ordinance No. 10 - /9cf~
affirm that the terms of this agreement were approved and its
execution was directed on the r7? jtJ1 day of
O/)l<.}
I
, 1989.
SPECIAL TAXING DISTRICT NO. 6
By
Chairman
f
(SEAL)
Attest:
Clerk
VOLUN~EER FIRE DEPAR
By
ctl'~~
/@PI (!i~ {l; ~
Attest!) ~~ S/.cJ.c-A./T"'"
/
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'-' .jC1t// ( . / ~
,."Secretary
(SEAL)
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BY
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