HomeMy WebLinkAboutResolution 243-2025 RESOLUTION NO. 243 - 2025
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AUTHORIZING THE CREATION OF A FIREFIGHTER
MINIMUM STANDARDS TRAINING PROGRAM;
AUTHORIZING THE MONROE COUNTY FIRE RESCUE
DEPARTMENT TO DEVELOP, IMPLEMENT, AND
ADMINISTER THE PROGRAM IN ACCORDANCE WITH
RELEVANT STATE AND COUNTY LAWS;
ESTABLISHING MINIMUM REQUIREMENTS FOR THE
PROGRAM INCLUDING, BUT NOT LIMITED TO,
TUITION FEES AND PARTICIPANT ELIGIBILITY;
AUTHORIZING THE COUNTY ADMINISTRATOR, OR
THE MONROE COUNTY FIRE CHIEF, TO EXECUTE
PARTICIPATION AGREEMENTS ASSOCIATED WITH
THE PROGRAM; SUPERSEDING AND REPLACING
RESOLUTION NO. 181-2018 WITH THIS RESOLUTION;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Monroe County Fire Rescue Department (MCFR) operates a State of
Florida certified fire academy that provides comprehensive, hands-on training in firefighting and
emergency medical services to individuals seeking employment as professional firefighters; and
WHEREAS, the Monroe County Fire Training Academy is one of only forty-four (44)
officially approved "Live Fire" training facilities in the State of Florida, meeting the highest
standards of instruction and safety; and
WHEREAS,MCFR has experienced ongoing staffing shortages of qualified and certified
structural firefighters, impacting operational readiness and the ability to meet emergency service
demands; and
WHEREAS,the Monroe County Board of County Commissioners(BOCC)recognizes the
need to increase the number of locally certified firefighters through structured and accessible
training opportunities designed to enhance workforce retention and reduce the outflow of trained
personnel to other jurisdictions; and
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WHEREAS, the development, implementation, and administration of a formal fee-
based training program by MCFR will assist in addressing regional firefighter staffing
challenges while upholding and supporting professional standards in public safety and life-
safety service delivery in Monroe County; and
WHEREAS, the intent of the County is to rescind and replace former County programs
that provided firefighter minimum standards course offerings, and establish this new Firefighter
Minimum Standards Training Program ("Program") that will be developed, implemented, and
administered by MCFR in accordance with relevant State and County laws and regulations; and
WHEREAS, under the direction and supervision of MCFR Chief, or designee, MCFR is
hereby authorized to develop the Program to provide the following, at a minimum:
1. Firefighter Minimum Standards Training course offerings on an annual basis, or more
frequently as MCFR operational needs dictate;
2. Training taught or administered by State of Florida certified instructors, employed by the
MCFR, that consists of a curriculum totaling four hundred ninety-two (492) contact hours
to be conducted at the Monroe County Fire Training Academy located at 56633 Overseas
Highway, Crawl Key, Florida;
3. Tuition fee of $5,000.00 per student. This fee does not include textbooks, uniforms,
personal protective equipment, or other required supplies. Such required items and supplies
must be procured independently by the student prior to course commencement; and
WHEREAS, interested participants will be subject to minimum eligibility requirements,
and such requirements shall include, but not be limited by, the following:
1. All applicants must undergo and successfully pass a background screening to be reviewed
and approved by MCFR Chief, or designee, prior to Program admission;
2. All applicants must undergo and successfully complete a medical evaluation and obtain
clearance;
3. All applicants must undergo and successfully pass the physical abilities assessment as
prescribed by MCFR;
4. All applicants must provide full payment of all Program fees; and
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WHEREAS, upon successful completion of the training, students shall be eligible to sit
for the State of Florida Firefighter certification examinations, both written and practical; and
WHEREAS, passage of these examinations shall confer eligibility for employment as a
certified firefighter within the State of Florida; and
WHEREAS,the BOCC authorizes the County Administrator,or the MCFR Fire Chief,
to execute a Participation Agreement on behalf of the County, in substantially the form
attached hereto as "Exhibit A," with interested Program participants, upon review and final
approval of such Participation Agreements by the County Attorney's Office for legal form and
sufficiency; and
WHEREAS, by requiring a Participation Agreement as part of an application to the
Program, it will reinforce compliance with Program requirements, and such delegation of
signature authority will enable more streamlined and expeditious day-to-day administration of
the Program; and
WHEREAS, the Board of County Commissioners finds and determines that
developing, implementing, and administering a Firefighter Minimum Standards Training
Program in a manner as set forth herein serves a public purpose and is in the best interest of
Monroe County, Florida.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1: That the foregoing"WHEREAS" clauses are hereby ratified and confirmed
as being true and correct and are hereby made a specific part of this resolution. The Participation
Agreement, attached hereto as"Exhibit A," is incorporated herein and made a specific part of this
resolution.
Section 2: That the County Commission hereby creates the Monroe County Fire
Rescue Department Firefighter Minimum Standards Training Program, and authorizes MCFR to
develop, implement, and administer said Program consistent with this resolution.
Section 3: That the County Administrator or MCFR Fire Chief, each independently
vested with authority, are hereby authorized to execute Participation Agreements on behalf of the
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County:with interested Program:participants, in substantially the•form attached.her.eto as `-`Exh.ibit
' . .A;". .upon:: review and final.approval i as to. legal form•and: sufficiency of suc: 'Participation: :•::
' A_reement(s b� the Count :Atto.rne or designee,The standardized.Partici ation A g reement:ma
g C ) Y Y Y� gy • :..: : ' :1 i.
. • be subject to minor changes,insertions,or additions;as same are deemed necessary and:appropriate • • •
:to effectuate.the:stated•goals of this resolution,•and as are approved as to legal:form and sufficiency •: :-
by the County.Attorney, or . esignee. ....
Section 4:. That:Monroe:County.Board of County.Commissioners Resolution No.:1:81 . .
- 2018 is hereinafter.superseded:and replaced in its.entirety by:this resolution; and any.and;all other : ::
resolutions or parts of resolutions in conflict with this resolution•are.hereby rescinded:to the extent: :
. of such:conflict.. • " .
• Section 5: :That if any clause, section,:other part or application.Of this resolution is,held. •. H. •
• • : : by any court:of competent jurisdiction to be unconstitutional or invalid,in part or in•applicati:on, it :
. shall not affect the.valid:ity of.thei remaining portion or applications of:this resolution. , . i, ••• ... .: i. .. ,
•
Section.6:' • :.•That.this :resolution shall be in full force and effect immediately•upon:its •
:adoption. : .• . •: •
•• • PASSED'AND ADOPTED e by the Board of County_.Commissioners of Monroe-County, : •: :.
Florida,-at a meeting'of said Board held:on the this. 16th day:Of: . July • : • • , 2025.:
• ' • • MayorJames K. Scholl : Yes . . .
. Mayor Yo tem.Michelle lle Li ncolin Yes . . ' . '
' Commissioner:C aig:Cates :Absent .. . •
Co missioner David Rice .. * es
• mission rril•l Ra hein .
Commissioner Holly Me sc -Yes
•,,-: .>'(Seal)- , ,i., . •
- « '/ 4-=_Att-•6 Kevin Ma•dok,• Clerk : BOARD OF COUNTY COMMISSIONERS• • • • • • :
{, '' ''6 ../ �;,�.,..4 7 .0 , •• • OF M• ONROE:COUNTY,FLORIDA •
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.. ::'B,'1: ,..per..y'." fir � .jJ J�.. � .. • :
. '• As eputy Clerk : : : . amen K..Scho:ll,Mayor
•. •• :. : • . • • • : .. .. . . , . : . • : • : • .* . ' :*: . . : • * 7 : 21,t :* : • ' 4.:-. :".M. : :: . :: i :.. r
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A roved as to le al form and sufficiencY • g
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' Digitally signed by E v . • • . . .: ...
e M.Lewis �`� '
LL Date 2025.07.01. :10:28
Eve M. ewi s:: �- ''' `
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• Eve M. Lewis, Assistant County Attorney : - : :
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"Exhibit A"
PARTICIPATION AGREEMENT
MCFR FIREFIGHTER MINIMUM STANDARDS TRAINING PROGRAM
THIS PARTICIPATION AGREEMENT is made and entered into this day of
202, by and between the Monroe County, Florida, a political subdivision of the State of Florida, with
principal offices located at 1100 Simonton Street, Key West, FL 33040 (the "County") and
an applicant to the MCFR Firefighter Minimum Standards
Training Program ("Program"),whose primary physical address is
Now therefore,in exchange for good and sufficient consideration acknowledged by the parties,the
County and Participant hereby agree to the following terms and conditions:
1. The Contract Documents
The contract documents consist of this Agreement, the MCFR Firefighter Minimum Standards
Training Program Manual, as may be amended, and Participant's completed application and
associated required paperwork for admission into the Program.
2. Participant's Truthful Representations &Acknowledgement of Obligations
Participant expressly confirms the truth of his/her representations made in this paragraph and
throughout the application documentation and acknowledges his/her obligations hereof. Participant
agrees that such representations and acknowledgement is a material part of this Agreement, and County
has relied on same as the basis for entering into this Agreement.
a. Participant is over the age of 18, and must provide proof in the form of a valid Florida Driver's
License.
b. Participant must provide a copy of his/her High School Diploma or GED.
c. Participant acknowledges and understands that by signing this Agreement,he/she is not guaranteed
admission into the Program.
d. Participant has read and understands the Monroe County Fire Rescue Firefighter Minimum
Standards Training Program Manual, including the information included in the Appendices, and
agrees to be bound by its terms and conditions.
e. Participant hereby acknowledges that the Fire Training Academy is a tobacco-free facility,and use
of any tobacco products during the Program is prohibited. Participant acknowledges and affirms
that he/she must not be a user of tobacco or tobacco products for at least one (1)year immediately
preceding any application for employment with the Monroe County Fire Rescue Department.
f. Participant has read and understands the policies regarding tardiness and absence from class
including the information cited in Florida State Statutes and Florida Administrative Codes.
Participant has read and understands the requirement to speak to the Program Instructor or Squad
Leader by phone prior to a situation in which Participant may be or will be late or absent.
g. Participant has read and understands the policies regarding performance. Participant has read and
understands the grade policy and agrees to maintain a 70% score on all scholastic performance
evaluations,unit exams,mid-term exams,final exams,performance objectives evaluations and drill
ground assignments, in order to successfully complete Program.
h. Participant has read and understands that drill ground assignments not successfully completed will
result in failure of the entire course, regardless of cumulative exam score.
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i. Participant has read and understands that if he/she is expelled or dismissed from the Program for
any reason, he/she must clean and return any gear(Bunker gear, SCBA mask, etc., as applicable)
issued by MCFR within one (1)week of expulsion or dismissal.Participant understands that failure
to do so will result in legal action.
j. Participant has read, understands, and willfully consents to the County running the Participant's
my background check, and the results will be submitted to the Florida State Fire College.
k. Participant has read and understands that the non-refundable course Tuition Fee of $5,000.00.
Participant understands and agrees that the Tuition Fee will not be refunded for any reason
whatsoever.The Tuition Fee must be paid in full and tendered in the form of check,bank check,or
money order no later than the first day of class. Failure to do so will result in dismissal from the
Program.
1. Participant promises to abide by the policies of the Program, and agrees that he/she has had ample
opportunity to ask questions of MCFR regarding the Program and consult with his/her personal
attorney for legal advice regarding the representations and obligations set forth herein.
3. Contract Term
The contract period commences as of the date written on the first page of this Agreement and will expire
upon Participant's completion of the Program, or earlier dismissal or expulsion from the Program. The
County's performance and obligation to offer the Program contemplated by this Agreement is contingent
upon an annual appropriation by the Board of County Commissioners.
4. No Assignment
The parties agree that this Agreement is exclusive to the Participant in furtherance of his/her desire to
participate in the Program. As such, this Agreement, or any portion thereof, cannot be assigned to, or
assumed by, someone else.
5. Remedies & Damages
The County reserves all rights to any and all available remedies,both equitable and legal, in the event that
Participant breaches this Agreement. Furthermore, the County, in its discretion, may recover any
ascertainable damages or losses incurred as a result of Participant's failure to comply with this Agreement
or any written requirement of the Program.
6. Termination
The County reserves the right to terminate this Agreement for convenience; or for non-appropriation by the
Board of County Commissioners. If the County terminates this Agreement for convenience or non-
appropriation, it will provide a minimum of three (3) calendar days written notice to Participant.
7. Hold Harmless &Assumption of Risk
The parties agree that a material aspect of this Agreement is the Participant's express promises and
commitments provided pursuant to this paragraph.
a. Participant hereby releases and holds the County, and the County's elected/appointed officers,
employees, and agents, harmless from and against any claims, actions or causes of action, any
litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any
type of injury(including death), loss, damage,fine,penalty or business interruption, and any costs
or expenses that may be asserted against the County, or initiated with respect to the County, or in
connection with: (A)any activity of the Participant or County representatives,contractors or other
invitees during the term of this Agreement;(B)the negligence or recklessness,intentional wrongful
misconduct, errors or other wrongful act or omission of the Participant; or (C) the Participant's
default with respect to any of the obligations that it undertakes under the terms of this Agreement.
Such release is intended to be interpreted as broadly as allowable by law, with the exception that
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such release will not apply to the extent such claims, actions, causes of action, litigation,
proceedings,costs or expenses solely and exclusively arise from the intentional wrongful or grossly
negligent acts or omissions of County representatives.
b. As part of the Program, Participant acknowledges that he/she will undertake a rigorous physical
ability test(s)and activities to gain admission into the Program,as well as during the Program itself.
The physical ability test, and similar tests/examinations/exercises are intensive and relate to the
rigorous physical functions necessary to perform the essential duties of a firefighter. By signing
this Agreement, Participant assumes the risk (both inherent and unforeseen risks) of all activities
associated with the Program,and represents to the County that he/she is in good physical condition
and able to take the above-described physical ability examination and related tests required by the
Program.
c. Nothing contained herein is intended, nor may it be construed, to waive County's rights and
immunities under the common law or Section 768.28, Florida Statutes, as amended from time to
time; nor will anything included herein be construed as consent to be sued by any third parties in
any matter arising out of this Agreement. Insofar as the claims,actions,causes of action,litigation,
proceedings, costs or expenses relate to events or circumstances that occur during the term of this
Agreement, this section will survive the expiration of the term of this Agreement or any earlier
termination of this Agreement.
8. No Personal Liability
No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member,
officer, agent or employee of County in his or her individual capacity, and no member, officer, agent or
employee of County shall be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
9. Ethics Clause pursuant to Monroe County Ordinance No. 010-1990
By signing this Agreement, the Participant warrants that he/she has not employed, retained or otherwise
had act on his/her behalf any former County officer or employee in violation of Section 2-149, Monroe
County Code of Ordinances, or any County officer or employee in violation of Section 2-150, Monroe
County Code of Ordinances. For breach or violation of this provision the County may, in its discretion,
terminate this Agreement without liability and may also, in its discretion, recover the full amount of any
fee,commission,percentage,gift,or consideration paid to the former County officer or employee pursuant
to Subsection 2-152(b), Monroe County Code of Ordinances.
10. Choice of Law and Venue
The parties expressly agree that the only laws that apply to this Agreement are those of the State of Florida
and United States of America, without regard to choice of law principals. The parties waive the privilege
of venue and agree that all litigation between them in the state courts will take place exclusively in the
Sixteenth Judicial Circuit in and for Monroe County, Florida, and that all litigation between them in the
federal courts will take place exclusively in the United States District Court in and for the Southern District
of Florida, or United States Bankruptcy Court for the Southern District of Florida, whenever applicable.
This Agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant
to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary
procedures required by the Circuit Court of Monroe County, Florida.
11. Public Records
County is a public agency subject to Chapter 119, Florida Statutes,as amended from time to time.
12. Third Party Beneficiaries
Neither Participant nor County intends to directly or substantially benefit a third party by this Agreement.
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Therefore,the Parties acknowledge that there are no third-party beneficiaries to this Agreement and that no
third party is or will be entitled to assert a right or claim against either of them based upon this Agreement.
13. Nondiscrimination
The Participant and County agree that there will be no discrimination against any person,and it is expressly
understood that upon a determination by a court of competent jurisdiction that discrimination has occurred,
this Agreement automatically terminates without any further action on the part of any parry, effective the
date of the court order. Participant agrees to comply with all Federal and Florida statutes, and all local
ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII
of the Civil Rights Act of 1964 (PL 88-352)which prohibits discrimination in employment on the basis of
race, color, religion, sex or national origin; 2) Title IX of the Education Amendment of 1972, as amended
(20 USC ss. 1681-1683,and 1685-1686),which prohibits discrimination on the basis of sex; 3) Section 504
of the Rehabilitation Act of 1973,as amended(20 USC s. 794),which prohibits discrimination on the basis
of disability; 4)The Age Discrimination Act of 1975,as amended(42 USC ss. 6101-6107)which prohibits
discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as
amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse
and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating
to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)The Public Health Service Act of 1912,
ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and
drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which
prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual
orientation, gender identity or expression, familial status or age; 11) The Pregnant Workers Fairness Act
(PWFA) pursuant to 42 U.S.C. 2000gg et seq.; and 12) Any other nondiscrimination provisions in any
Federal or state statutes which may apply to the parties to, or the subject matter of,this Agreement.
14. Merger; Amendment
This Agreement constitutes the entire Agreement between the Participant and the County,and negotiations
and oral understandings between the parties are merged herein. This Agreement can be supplemented
and/or amended only by a written document executed by both the Participant and authorized designees of
the County.
15. Joint Preparation
It is acknowledged that each party to this Agreement had the opportunity to be represented by counsel in
the preparation of this Agreement and accordingly the rule that a contract will be interpreted strictly against
the party preparing same does not apply herein due to the joint contributions of both parties.
16. Severability; Waiver of Provisions
Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction will, as to that
jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the
remaining provisions hereof or affecting the validity or enforceability of such provisions in any other
jurisdiction. The non-enforcement of any provision by either parry will not constitute a waiver of that
provision nor will it affect the enforceability of that provision or of the remainder of this Agreement.
17. Counterparts and Multiple Originals.
This Agreement may be executed in multiple originals,and may be executed in counterparts,each of which
is hereby deemed to be an original,but all of which,taken together,constitutes one and the same agreement.
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IN WITNESS WHEREOF, County and Participant have executed this Agreement as of the date first
written above.
PARTICIPANT: By:
Signature
Print Full Legal Name
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was sworn to/affirmed before me by means of ❑ physical presence or ❑
online notarization, this day of 20 , by . He/She is
personally known to me/or has produced (type of identification) as
identification.
Signature of Notary Public
(Print& Stamp Commissioned Name of Notary Public)
MONROE COUNTY, FLORIDA: By:
Christine Hurley,AICP
Monroe County Administrator
OR
Chief R.L. Colina
Monroe County Fire Rescue Department
Approved as to legal form &sufficiency:
Assistant County Attorney
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