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Resolution 080-1988 James R. Paros, Director Emergency Services RESOLUTION NO. 080-1988 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, SITTING AS THE BOARD OF GOVERNORS OF MUNICIPAL SERVICE TAXING DISTRICT 2, AUTHORIZING THE CHAIRMAN OF THE BOARD TO EXECUTE AN AGREEMENT BY AND BETWEEN SPECIAL TAXING DISTRICT 2 AND THE MARATHON VOLUNTEER FIRE & RESCUE, INC. FOR THE PURPOSE OF REIMBURSING VOLUNTEERS. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, SITTING AS THE BOARD OF GOVERNORS OF MUNICIPAL SERVICE TAXING DISTRICT 2, as follows: The Chairman of the Board is hereby authorized to execute an Agreement by and between Special Taxing District 2 and the Marathon Volunteer Fire & Rescue, Inc., a copy of same being attached hereto, for the purpose of reimbursing volunteers. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, sitting as the Board of Governors of Municipal Service Taxing District 2 at a regular meeting of said Board held on the 2nd day of February, A. D. 1988. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, SITTING AS THE BOARD OF GOVERNORS OF MUNICIPAL SERVICE TAXING DISTRICT 2 g~1 t- CHAIRMAN By (Seal) Attest: DANNY L. KOLID:1.GIt, Clerk ~~~o~ i~;~I/EI) AS 70 FOi?!!/: ,,, '~i:1=:_=:<<~!2tl/" /: ....')('"1i,;"',~ {\.";.!:i,;e AGREEMENT THIS AGREEMENT, made and entered into this day of , A.D. 19 between Special Taxing District No. 2 ,hen'inafter referred to as the "District" and the Marathon Vol. Fire & Rescue. Inc. Volunteer Fire Department or Volunteer Fire Department and Ambulance Corps (whatever the casp may be), hereinafter referred to as the "Dep.lrtmL'nt" , !:lITNE~SETH: ~~EREAS, the various special taxing districts have been further organized into departments as a non-profit incorporation for the purpose of providing fire protection and rescue facil- ities to the people and property of the same in Monroe County, and \.JHEREAS, such fire protection and rescue protection is for the furtherance of the common good of Monroe County, and WHEREAS, the Department aforesaid and the Specia 1 Taxi ng District No. 2, through the Board of County Commissioners of Monroe County, Florida, as the governing body, have agreed and provil.!.'.! ny ordinance for the various departments to reimnurse it~ volunteer personnel and chiefs from funds strictly within the budget of the various special taxing districts, and ~HEREAS, 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 ser- vices and the various volunteer departments do agre~ thereto, nC'w, then'fore, nE IT UNDERSTOOD thnt in consideration of the covenants ar.r('C'd tC' herein and other good and valuable considerations, the pa rt ies !It'reto do agree as follows: 1. That the various special taxing districts shall utilize the services of the volunteers both as firefighters and for td" ~'MC.:"7~~':' . (1,\"':,", reseu,' purposes a It for sai d services a reimhursement to said volunteers sh;l11 ne in the sum of $100.00 per month, not to e)\('('l'<I tlH' nudgp'l'd funds, wi th it ne ing unders toot! that thE' various chiefs of the special taxing districts shall be reim- nursed in the sum of $250.00 per month, not to exceed the budget- ed funds. '1 That insofar as the various special taxing districts have in their budget for the fiscal year 19~-88 funds avail- able for the reimbursement provided by this agreement that the tiaml' shall be clone upon passage' of this ordinance when and if said volunteers have entered into this agreement. 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. Monro!' County and/or the special taxing districts shall keep in full f0rcl' ;1110 effect.1 policy of liability insurance on all emergency vehicles owned by the County and/or special taxing di!'tricts and uset! by the Departments, which policy shall also provide secondary, or back-up, coverage on private vehicles only during such timf.'s as they are operated in response to a call for the emergency services of the Department. Such period of opera- tion shall be deemed to begin at the time a volunteer enters a private vehicle for the purpose of responding to a call and to end at such time as the volunteer returns to his home or, in the case of a volunteer who makes an intermediate stop on.his way to his homE>, tl' tllf' first location to which he drives after the completion of his participation in the emergency services that were the suhject of the call. 5. The OE>partment shall keep in full force and effect a policy of liability insurance on all emergency vehicles owned by 2 ..". , the Department 3r 1 in providing emergency services within ,'r, lIthe District. V"" $300,000.00 !--- ~ h~;9+1.{}-;-GQ S"id policy shall be ill the amount of at leatt combin('1i sinJ~l(' limit and shall also name tilt' ~"llr,'e COllllty 1\1).11"(1 of CI)\l1l1 v Commissioners as insured, (,. Nothing contained in this agreement shall cause the \'olu\,teers to l>e deemed or held to be agents or employees of Monroe County or "f the special taxing districts. Monroe County and the special taxing districts shall have no liability 01' respC'nsil.ility in connection with the subject of this agreement other than the payment of the reimbursement provided in paragraph hereof and the furnishing of insurance aa provided in paragraph 4 hereof. Monroe County and the special taxing districts assume no liabiHty for. and each of the volunteers agrees to hold said C,-,unty and District harmless from, any and all claims that may arisl' frllm the actions or the inaction of the volunteer, ,.,hether in the course of his volunteer efforts or not, and that are not covered by the insurrtnce required under the provisions of para- graph 4 hereof. Further, it is the understanding and intent of all parties to this agreeml'nt that the provisions of this para- graph do not alt~r the l~gal relationships of the parties exist- ing immediately prior to its execution with regard to the poten- tial vicilrious U;lhility. The purpose for the incluaion of this paragraph is to memorialize the existing understanding of thl' parties. No compensat ion shall be paid to the volunteers by Monroe County or the spf'cial taxi.ng districts except the reimbursement provided in this agreement or in any extension or written modi- fication of this agreement. 7. The County does hereby affirm that the governing board did approve on the day of . A.D. 19 . this agreement and did direct and authorize its presidlnr. officer to enter into said agreement. B. That the various special taxing districts acting, as volunteer fire and/or rescue departments as ia aet forth in Ordinance No. did affirm that 8 duly constituted meeting of the governing board of the same on the day of 3 .T"'~- " .,,- ',"".\ , A.D. 19_____, the terms of this agreement . was approved and the ~xecution thereof directed. 9. That each contract or agreement entered into by the various special taxing districts and the operating corporations known as Departm('nts shall also be executed hy the volunteers prior to the receipt of reimhursement. A signed roster of all volunteers and a 11 chiefs shall he provided for the Finance DepLlrtment. The signature :md agreement of the individuals as prescribed in this section is a condition precedent to the disl>ursement of any reimbursements provided for in said agree- ment. IN WITNESS ~~EREOF, the parties hereto executed this agree- ment on the day of , 19_ SPECIAL TAXING DISTRICT NO. 2 By Chairman (Seal) Attl'st: Clerk VOLUNTEER FIRE DEPARTMENT OR VOLUNTEER FIRE DEPARTMENT AND AMBULANCE CORPS (whatever the case may be) By $/,p/&,/ (Seal) Attest: ~,~~..M- . Secretary APPROVED AS TO ror.1' ~GAlSUr~Cff'Cy.I) or .'- ~~~~ f l.~ { 11 ." . .. . .- -_. , (d. '-"; ,..1".. , ! 4