10/07/1992 Agreement
1Dannp JL. itolbage
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
M E M 0 RAN DUM
From:
Reggie Paros, Director
Division of Public Safety
Rosalie Connolly, f) f I
Deputy Clerk V
TO:
Date:
December 2, 1992
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On October 7, 1992, the Board of County Commissioners approved
and authorized execution of an Agreement with Tavernier volunteer
Fire and Ambulance Corps, Inc. WHICH WAS JUST RECEIVED BY THIS
OFFICE FOR FINAL PROCESSING AND TRANSMITTAL.
Attached for return to Tavernier is a duplicate original of the
subject Agreement which has now been fully-executed by all
parties.
cc: County Attorney
County Administrator wlo document
Risk Management Director wlo document
Finance Director
File
-IllI" i'
AGREEMENT
AGREEMENT made this 7th day of October, 1992 by and ~f~~e~RR~'
Monroe County Board of County Commissioners acting cifi -gbvernffig'OP
Board for Municipal Services Taxing District 5, hereinafter known
as ("District") and Tavernier Volunteer Fire and'92AIfff;'~n'1fB"35
Corps, Inc. hereinafter known as ("Department"). .
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WHEREAS, The Monroe County Board of County Comm~ss~oner~ haS L,
pursuant to the authority granted to it in Chapter 125, Laws of
Florida, and Article 7, Section 9 (b) of the Florida
Constitution, established the Municipal Service Taxing Districts
5, for the purpose of providing fire protection, fire
suppression, rescue services, and control of hazardous situations
herein after called "Fire Rescue Services" primarily for the
benefit of the taxpayers residing within said District, and
RECITALS
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WHEREAS, within the District fire departments have been
organized as non-profit corporations for the purpose of
providing Fire and Rescue Services within the District, and
WHEREAS, such Fire and Rescue Services constitute essential
services necessary to the health and safety of Monroe County
residents, and
WHEREAS, the Monroe County Board of County Commissioners has
provided by ordinance for the reimbursement of expenses incurred
by the various departments for said services from funds strictly
within the budget for the District, and
WHEREAS, the
personnel within
alert, and
various volunteer
the District are
fire fighters
available and
and rescue
on constant
WHEREAS, the parties desire to enter into an AGREEMENT for
the reimbursement of expenses relating to the services provided
by the department and other related matters.
NOW, THEREFORE, in consideration of the covenants contained
herein and other good and valuable considerations the parties
agree as follows:
1. TERM OF AGREEMENT
The term of this AGREEMENT shall be for a period of one (1)
years, commencing on October 1, 1992 and expiring on September
30, 1993 unless terminated earlier and hereafter provided. Upon
expiration, if necessary the contract may continue on a month to
month basis until renegotiated.
2. TERMINATION
The DISTRICT may terminate this AGREEMENT at any time during
its term if the DEPARTMENT defaults under any provisions
specified herein, or violates any standard specified in this
AGREEMENT, or violates any other law, regulation or standard
applicable to furnishing of Fire and Rescue Services in Monroe
County. In such event, the Administrator of the County shall
furnish the DEPARTMENT written notice of any such default or
violation and the DEPARTMENT shall have thirty (30) days from
receipt of said notice to correct or remedy such fault or
violation. If such violation is not corrected or such default is
not remedied wi thin 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 sixty (60) days written notice
indicating its desire to terminate same.
3. RESPONSE AREA AND MUTUAL AID
The DEPARTMENT shall be the primary provider of Fire Rescue
Services and secondary provider of Basic Life Support Services
wi thin their response area. The DEPARTMENT shall also provide
mutual aid response to any other department upon request and/or
in accordance with existing protocol, applicable laws, rules,
regulations and standards.
4. PERSONNEL
The DEPARTMENT shall maintain volunteer and/or paid personnel
so as to ensure a complement of personnel to provide Fire and
Rescue Services on a twenty four (24) hour basis to the
DISTRICT. Scheduling and assignment of personnel shall be
arranged so as to utilize, to the maximum extent possible,
volunteer personnel. Only in the event the DEPARTMENT deems it
necessary to maintain coverage or to meet administrative needs
shall paid part-time or full-time employees be employed.
5. MINIMUM STANDARDS AND TRAINING
The DEPARTMENT shall require that all volunteer personnel
engaged in Fire and Rescue Services comply with the minimum
training, education and performance requirements of the State of
Florida for volunteer fire fighters and the Standard on Monroe
County Fire Rescue Occupational Safety and Health Program adopted
by the DEPARTMENT, the Monroe County Fire Chief's Association,
and the DISTRICT. Full-time paid fire fighters shall meet
minimum State qualification standards for paid fire fighters or
achieve same within one (1) year from date of hire. The
DEPARTMENT shall establish and maintain a training and continuing
education program designed to maintain a high degree of
competence and skill on the part of all volunteer and/or paid
fire rescue personnel. The DEPARTMENT shall also facilitate and
encourage attendance by all volunteer and/or paid fire rescue
personnel at proficiency training programs provided by the
DEPARTMENT and/or the Monroe County Fire Marshal's Office. The
DEPARTMENT shall maintain current and accurate training and
proficiency records for all volunteer and/or paid fire rescue
personnel evidencing compliance with this provision. The costs
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of such programs and other training classes,
or drills including travel expenses, shall
DISTRICT in accordance with applicable
regulations, and upon submission of
documentation.
seminars, meetings,
be funded by the
laws, rules, and
proper supporting
6. PAID EMPLOYEES
The DEPARTMENT may employ such part-time or full-time
employees as it determines is necessary to carry out its Fire and
Rescue Services. Part-time or full-time employees of the
DEPARTMENT shall be compensated by the DEPARTMENT at a rate
commensurate with that of other similarly trained and experienced
personnel employed wi thin Monroe County. The DISTRICT shall
reimburse to the DEPARTMENT on a regular monthly basis all costs,
charges, or expenditures relating to paid employees of the
DEPARTMENT.
7. VEHICLES, EQUIPMENT, AND FACILITIES
The DISTRICT shall provide to the DEPARTMENT sufficient
vehicles, equipment, and facilities to enable the DEPARTMENT to
carry out its Fire and Rescue Services wi thin the DISTRICT as
provided for in the Monroe County Master Public Fire Defense Plan
or any other plans or documents relating to Fire and Rescue
Services that are adopted by Monroe County. The DISTRICT shall
be responsible for the general maintenance and repair of the
vehicles, equipment, and facilities owned and/or leased by the
DISTRICT as well as, required periodic testing and certification
of all equipment, as necessary, used by the DEPARTMENT in
connection with its Fire and Rescue Services. The DEPARTMENT
shall be responsible for proper control of all assigned vehicles,
equipment, and facilities. The DEPARTMENT shall be responsible
for notifying the Monroe County Fire Marshal's Office of needed
repairs for vehicles, equipment, and facilities and shall assist
in arrangements for said repairs. The Fire Marshal's Office
shall have the right to inspect the vehicles, equipment, or
facilities at any reasonable time.
8. PROPERTY CONTROL
The DEPARTMENT shall provide a system for property control of
the vehicles and equipment owned and/or leased by the DISTRICT or
Monroe County, and used by the DEPARTMENT to provide Fire and
Rescue services. The DEPARTMENT shall assist in the performance
of the annual inventory of the vehicles and equipment.
9. SUBCONTRACTS
The DEPARTMENT may subcontract its services when such
Subcontracts are determined to be beneficial to the DEPARTMENT,
the DISTRICT or Monroe County, and/or the community. The
DEPARTMENT may utilize equipment and vehicles owned and/or leased
by the DISTRICT or Monroe County in conjunction with the above
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subcontractors provided that no reduction in the level of service
to their respective service area results from the utilization of
said equipment for subcontractual services. Notice of intent
to subcontract, when District equipment and/or vehicles will be
used, must be provided to the DISTRICT at least 30 days prior to
execution of said subcontract in order to allow for proper review
and comment concerning same. A signed copy of all subcontracts
shall be provided to the DISTRICT.
10. DISTRICT INSURANCE
The DISTRICT and/or Monroe County on behalf of the DISTRICT
shall provide the following insurance coverage on and for the
volunteers of the DEPARTMENT:
A. Workers Compensation Insurance as required by Florida
Statutes Chapter 440, including minimum $500,000
Employer's Liability coverage.
B. General Liability Insurance, with minimum limits of
$2,000,000.
C. Automobile Liability Insurance with minimum limits of
$2,000,000 including Physical Damage Insurance on all
vehicles owned or leased by the DISTRICT or Monroe
County and used by the DEPARTMENT. The policy shall
provide secondary coverage on private vehicles only
during such time as they are operated in response to a
call, and ending, either at such time as the volunteer
returns to his/her home, or to the first location to
which a volunteer stops on the way home, after
completion of participation in the emergency services
that were subject to the call, whichever occurs first.
All District liability insurance policies shall name the
DEPARTMENT as an additional insured. Proof of all insurance in a
form acceptable to the DEPARTMENT shall be provided by the
DISTRICT upon request.
11. DEPARTMENT INSURANCE
The DEPARTMENT shall provide the following insurance on all
part-time and full-time employees of the DEPARTMENT:
A. Workers Compensation Insurance in compliance with
Florida Statutes Chapter 440 including minimum $500,000
Employer's Liability coverage.
B. Unemployment Compensation in compliance with Florida
Statutes Chapter 443.
C. General Liability Insurance with minimum limits of
$300,000 Combined Single Limit.
D. Disability income insurance for a minimum of three
hundred dollars ($300.00) weekly upon total disability
for the first thirty (30) days and thereafter, in an
amount up to six hundred dollars ($600.00) weekly, not
to exceed the employee's net income. Said benefit shall
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continue until the employee can return to his regular
work duties.
E. Death benefits insurance with a minimum amount of fifty
thousand ($50,000.00) death/permanent disability benefit
for the employee while engaged in the performance of
his/her duties.
The Department shall provide the following insurance on all
volunteers of the Department:
A. Disability income insurance for a minimum of three
hundred dollars ($300.00) weekly upon total disability
for the first thirty (30) days and thereafter, in an
amount up to six hundred dollars ($600.00) weekly, not
to exceed the volunteer's regular salary. Said benefit
shall continue until the volunteer can return to his
regular work duties.
B. Death benefits insurance with a minimum amount of fifty
thousand ($50,000.00) death/permanent disability benefit
for the volunteer while engaged in the performance of
his/her duties.
The Department shall provide the following insurance on all
vehicles owned and/or leased by the Department and used in
providing Fire and Rescue Services within the District:
A. Automobile Liability Insurance with minimum limits of
$300,000 Combined Single Limit.
All liability policies are to name both the DISTRICT and
Monroe County as additional insured, and shall provide for no
less than thirty (30) days notice of cancellation, non-renewal,
or reduction in coverage. Proof of all insurance in a form
acceptable to the DISTRICT shall be provided by the DEPARTMENT
upon request.
12. INSURANCE REIMBURSEMENT
The costs of insurance policies required
of Section 11 of this AGREEMENT shall be
expenditure of the DEPARTMENT for which
receipt of proper invoices and applicable
reimburse the DEPARTMENT.
under the prOV1S1ons
a cost, charge, or
the DISTRICT, upon
documentation, shall
13. PRIVATE VEHICLE INSURANCE
All DEPARTMENT personnel shall keep in full force and effect
a policy of liability insurance on his/her private vehicle(s) in
at least such minimum amounts of coverage as are required under
Florida law. Proof of insurance in a form acceptable to the
DISTRICT shall be provided by each volunteer and maintained on
file in the business office of the DEPARTMENT. The DEPARTMENT
shall provide copies of proof of insurance to the DISTRICT upon
request.
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14. LENGTH OF SERVICE AWARDS PROGRAM
The DEPARTMENT shall cause to be issued and kept in full
force a Length of Service Awards Program for the volunteer
personnel of the DEPARTMENT. Said program shall provide
retirement benefits for the volunteer personnel.
Exact coverage and benefits of the Length of Service Awards
Program shall be approved by the Monroe County Fire Chief's
Association. Said coverage and benefits may be changed or
adjusted during the term of this AGREEMENT without cause to void,
cancel, or violate this AGREEMENT. Volunteer personnel who meet
eligibility requirements adopted and approved by the Monroe
County Fire Chief's Association shall benefit from said program.
The cost of the above mentioned Length of Service Awards Program
shall be a cost, charge, or expenditure for which the DISTRICT,
upon receipt of proper invoices and applicable documentation,
shall pay in a sum not to exceed the budgeted allocation for such
costs, charges, or expenditures. This Length of Service Awards
Program shall be contingent upon budgeted funding.
15. VOLUNTEER PERSONNEL REIMBURSEMENT
The DISTRICT shall reimburse the DEPARTMENT for volunteer
personnel in accordance with Section 2.261 of the Monroe County
Code and in the following amounts:
A. For each eligible Volunteer, one hundred dollars
($100.00) per month.
B. For each Assistant and/or Deputy Fire Chief, one hundred
seventy five dollars ($175.00) per month.
C. For Fire Chief, two hundred fifty dollars ($250.00) per
month.
Each DEPARTMENT shall have the right to establish its own
eligibility requirements for disbursement of reimbursement based
on participation of DEPARTMENT activities. DISTRICT funding for
the reimbursement of volunteers shall not exceed the budgeted
allocation for such reimbursement. Said amounts may be changed or
adjusted by approval of the DISTRICT and the DEPARTMENT, during
the term of this AGREEMENT without cause to void, cancel, or
violate this AGREEMENT.
16. DEPARTMENT VEHICLE ALLOWANCE
The DISTRICT shall fund to the DEPARTMENT four hundred fifty
($450.00) per month for Chiefs/Command/Support vehicle allowance.
17. MAINTENANCE AND RECORDS CUSTODIAN
The DEPARTMENT is responsible for, and
part-time or full-time basis an individual
include but are not limited to the following:
may employ on a
whose duties may
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A. Maintenance and minor repair of all vehicles and
equipment used by the DEPARTMENT.
B. Keeping an accurate and current inventory of all
vehicles and equipment used by the DEPARTMENT.
C. Maintaining detailed, accurate, and current records of
all maintenance and repairs performed on all vehicles
and equipment used by the DEPARTMENT.
D. Ensuring that all required testing and certification of
fire rescue, emergency, and medical equipment is
performed in a timely fashion and that detailed,
accurate, and current records of such testing and
certification are maintained by the DEPARTMENT.
E. Maintaining accurate and current records of training,
testing, and certification of all volunteer personnel
and part-time and full-time employees.
F. Preparing and filing with the Fire Marshal's Office in a
timely fashion, and incident report for each response by
the DEPARTMENT to all fire rescue, mutual aid or other
miscellaneous calls.
G. Preparing and filing with the Fire Marshal's Office a
first report of injury within 48 hours of any reportable
injury involving volunteer personnel.
H. Preparing and maintaining complete and accurate records
of the DEPARTMENT'S activities including, but not
limited to, telephone logs, fuel logs, and supply
requisitions.
The maintenance and records custodian shall be compensated by
the DEPARTMENT as a reimbursable expense by the DISTRICT in an
amount commensurate with the compensation of employees in similar
positions within Monroe County provided, however, that such
amount shall not exceed the budgeted allocation for such position.
18. FIRE DEPARTMENT PHYSICIAN
The DISTRICT shall contract with Florida licensed
physician(s) to serve as the Fire Department Physician to provide
a non-mandatory annual physical examination and other medical
expertise as required by Section 8-1 and 8-4 of the Standard on
Monroe County Fire Rescue Occupational Safety and Health Program.
19. ACCOUNTABILITY
The DEPARTMENT shall be accountable to the DISTRICT as
required by this AGREEMENT. The Monroe County Fire Marshal's
Office shall have the authority to coordinate and control all
Fire and Rescue Services during a State of Local Emergency and/or
in conjunction with Emergency Management of Monroe County. The
Monroe County Fire Marshal's Office shall also have the authority
to coordinate and control Fire Rescue Services during other major
incidents if requested by the DEPARTMENT having jurisdiction or
under any authority granted to the Monroe County Fire Marshal's
Office by any applicable laws and/or ordinances or under any
protocols, rules, regulations, standards, plans,
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policies, and/or procedures approved by the Monroe County Fire
Chief's Association. The DEPARTMENT shall have the duties and
responsibilities in its respective service area which are
applicable to Fire and Rescue Services and are specified in any
applicable laws and/or ordinances or under any protocols, rules,
regulations, standards, plans, policies, and/or procedures
approved by Monroe County and/or the DISTRICT, dependent upon
resources availability.
The Monroe County Fire Marshal's Office shall provide
administrative and technical assistance, as requested, to the
DEPARTMENT in matters relating to the operation of the Fire
Rescue Services. Representatives of both the DISTRICT and the
DEPARTMENT shall meet on a regular basis for discussions
regarding the operation of the Fire Rescue Services contemplated
within this AGREEMENT and other related matters; meeting dates to
be jointly agreed upon.
All Administrative correspondence shall be sent to:
To the DISTRICT: Monroe County Fire Marshal's Office
490 63rd St., Suite 160
Marathon, FL 33050
To the DEPARTMENT: --ro. v e ( 11 : e (' tit) I "1,' r e l ~ h l&~J ,...f}1l (J
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20. COMMUNICATIONS SYSTEM
Monroe County shall provide for an exclusive central
communications system for the dispatching of all emergency and
non-emergency calls wi thin the service area. Said system shall
consist of the vehicles used by the DEPARTMENT, the fire
stations, the central dispatch centers of the County, and the
two-way radios installed in the respective vehicles and
locations. The DEPARTMENT shall have the right to establish a
complement of response equipment and vehicles to meet the needs
of a particular call. The central dispatchers of the county
shall have the right to dispatch the DEPARTMENT and to receive
immediate confirmation of the status and location of all
in-service units. It is hereby recognized and acknowledged that
the right of the central dispatchers to dispatch and confirm
status is paramount in order to effectively coordinate the
provision of both emergency and non-emergency Fire and Rescue
Service wi thin Monroe County. In circumstances in which the
DEPARTMENT is unable to respond to an emergency call, regardless
of reason, the central dispatchers of the County shall follow
established procedures for such conditions. The Monroe County
Fire Marshal's Office shall provide copies of current dispatching
procedures for fire, rescue, and ambulance services to the
DEPARTMENT and shall schedule and conduct meetings when necessary
8
to revise said procedures to improve the efficiency and
effectiveness of the response system.
21. PROCUREMENT
The DEPARTMENT shall procure goods and services, for which
the DISTRICT shall be financially responsible, in accordance with
current Procurement Policies for Monroe County, Section IV,
Level "A" requesting authority. The DEPARTMENT may directly
transmit a "Request to Purchase" to the Purchasing Department for
such supplies, equipment, and/or services required to provide
Fire and Rescue Services and for which the DISTRICT has allocated
funds in the current budget. The Chief of the DEPARTMENT or
his/her designee, in writing, shall have signature authority
applicable to such Level "A" procurements. A "Request to
Purchase" form shall be completed and forwarded' to the Fire
Marshal's Office for purchases exceeding Level "A" dollar
limits. The Fire Marshal's Office shall review and then forward
such requests through the Public Safety Division to the
Purchasing Department for further processing. The Purchasing
Department shall in conjunction with the Fire Marshal's Office,
purchase or approve the purchase by the Fire Marshal's Office of
the equipment, supplies, or other support material required by
the DEPARTMENT to provide Fire Rescue Services and for which the
DISTRICT has allocated funds in the current budget. The
procurement of goods and services occurring after normal business
hours or during weekends by the DEPARTMENT shall be limited to
only those emergency situations in which case such procurement
was necessary in order to avoid interruption of services or to
maintain current service levels during such period. The
DEPARTMENT shall notify the Fire Marshal's Office at the
beginning of the next business day to obtain a purchase order for
such procurement.
22. EXPENSE REQUEST
The DEPARTMENT shall provide a Request for Expense
Reimbursement Form, by line item accounts and with applicable
documentation attached, to the Monroe County Fire Marshal's
Office. The DISTRICT shall reimburse the DEPARTMENT for said
expenses wi thin 30 days of receipt of said Request for Expense
Reimbursement form as provided for in this AGREEMENT.
23. BUDGET/AGREEMENT
The DISTRICT budget, as adopted, provides funding for
utilities and other internal costs, charges, or expenditures
necessary or incidental to the operation of the Fire Rescue
Services contemplated within this AGREEMENT, which have not been
previously specified herein, i.e. County/DISTRICT provided
insurance, Risk Management, Workers Compensation, fuel from
County pumps, Information Systems, etc. The Monroe County Fire
Marshal's Office on behalf of the DISTRICT shall be responsible
9
for providing the necessary accountability and controls for these
funds.
24. TRIAL BALANCES
The DISTRICT shall provide to the DEPARTMENT each month a
trial balance with a detailed distribution list of the DISTRICT'S
funds allocated and expenses so as to apprise the DEPARTMENT of
budgeted appropriations and the status of expenditures.
25. BUDGET REQUEST
Upon request of the DISTRICT, the DEPARTMENT shall submit a
proposed budget appropriations request, by line item account, for
the forthcoming fiscal year. When deemed necessary, based on
statistical analysis of usage, mileage, serviceability, and/or
level of service the DISTRICT shall consider a budget
appropriations request for refurbish, replacement or additional
apparatus provided to the DEPARTMENT by the DISTRICT. The
DEPARTMENT shall prepare and submit minimum vehicle and equipment
requirements to the DISTRICT for review and concurrence. The
DISTRICT shall then prepare specifications and procure the
apparatus in accordance with applicable policies and procedures.
The DEPARTMENT shall be involved in monitoring all phases of
refurbishing or purchasing of apparatus to be used by the
DEPARTMENT.
26. ANNUAL AUDIT REPORT
The DEPARTMENT shall allow the DISTRICT to conduct an annual
audit report, certified by a certified public accountant licensed
to do business in the state of Florida. The DISTRICT will be
responsible to procure the services of the audit. The report
shall be presented to the DEPARTMENT wi thin thirty (30) days of
receipt by the DISTRICT of its annual audit report. The
DEPARTMENT shall comply with this requirement for each audit year
concurrent in whole or in part with the term of this AGREEMENT.
The cost of such audit shall be a cost, charge, or expenditure of
the DISTRICT.
27. INDEMNIFICATION
The DEPARTMENT to the fullest extent permitted by law, shall
indemnify and forever hold harmless the DISTRICT and Monroe
County, their officers, agents, and employees, from all claims of
any sort whatsoever that may arise from negligence, acts, or
omissions of the paid-part time and/or full-time employees of the
DEPARTMENT, not related to the provision of Fire Rescue Services.
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28. NOTICES
Any notice required or permitted to be given hereunder shall
be deemed properly given at the time it is personally delivered
or mailed, properly addressed and postmarked to the respective
address specified below or to such other addresses as may be
specified in writing:
To the DISTRICT:
To the DEPARTMENT:
Office of the County Administrator
Public Service Building,
5100 College Rd.
Key West, FL 33040
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All vehicles and equipment owned and/or leased by the
DISTRICT or Monroe County and used by the DEPARTMENT to provide
Fire Rescue Services shall be returned to the DISTRICT when
requested upon expiration or termination of this AGREEMENT.
During the interim period between expiration of this AGREEMENT
and the execution of a new AGREEMENT, the DEPARTMENT shall be
authorized to use the vehicles and equipment for continued
provision of Fire Rescue Service.
29. INVALIDITY
If any section, subsection, sentence, clause, or provlslon of
this AGREEMENT is held invalid, the remainder of this AGREEMENT
shall not be affected by such invalidity.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first above written.
(SEAL)
BOARD OF COUNTY COMMISSIONERS,
MONROE COUNTY, FLORIDA
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Mayor
(CORPORATE SEAL)
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to form and legal
By:
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