Resolution 170-1989
Janes R. Pares, ACA
Division of Public Safety
RESOLUTION NO. 170-1989
A RESOLUI'IOO OF THE OOARD OF CDVERNORS OF THE IDWER
AND MIIDLE KEYS FIRE AND AMB~ DISTRICI' OF ~E
COUNTY, FIDRIDA, AUl'HORIZING THE CHAIRMAN TO EXEaJl'E
AN AGREEMEm' BE'lWEEN THE ISU\M)RAJ)A FIRE AND RESCUE
COOPS, INC. AND THE roWER AND MIDDLE KEYS FIRE AND
AMBULANCE DISTRICI' CONCERNING THE REIMBURSEMENT OF
VOLtNl'EERS
BE IT RESOLVED BY THE OOARD OF GOVERNORS OF THE IDWER AND MIOOLE KEYS
FIRE AND AMBULANCE DISTRICI' OF MOOIDE COONTY, FIDRIDA, that the Olainnan
of the Lo\-.er and Middle Keys Fire and Arrbulance District is hereby
authorized to execute an Pgreenent between the Islannrada Volunteer Fire
and Rescue Corps, Inc.and M:>nroe County, copies of same being attached
hereto, concerning the reimbursement of volunteers.
PASSED AND ADOPlED by the Board of Governors of the lower and Middle
Keys Fire and Ambulance District of M:>nroe County, Florida, at a regular
meeting of said Board held on the !)/ day of Li; , A.D. 191:3.
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OOARD OF OOVE:RiX)RS OF THE
roWER AND MIDDLE KEYS FIRE AND
AMBULANCE DISTRICI' OF MONROE
COONTY, FIDRIDA
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Cha'
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
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Cl k
Approved as to fonn and legal
sufficiency.
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By: U 1'.1
. ty:t ey~ ~ce
AGREEMENT
THIS AGREEMENT, made and entered into this
;it ~ day of
~.~
, A. D., 19 if)
between the Lower and Middle Keys
Fire and Ambulance Special Taxing District, hereinafter referred
to as the "District" and the Islamorada Fire & Rescue Corps,
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 Lower and Middle Keys Fire
and Ambulance Special Taxing District, 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 agree thereto,
now, there fore,
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.
Assuming
the
availability
of
budgeted, funds,
volunteers shall serve both fire fighting and rescue purposes in
their districts and shall be reimbursed at the rate of $100.00
per month; chiefs shall be reimbursed at the rate of $250.00 per
month.
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.
S. Monroe County and/or the special taxing districts
shall keep in full force and effect . policy ot li.b~l~t.y
insurance on all emergency vehicl.. own.. Ity tl'u~ County and/or
special taxing districts and used by th. Depal"~t., which
policy shall also provide secondary, or back-up, coverage on
private vehicles only during such ti..s aa they are operated in
response to a call for the ...rgency servic.. of the
Department.
Such period of operation 1lba11 be 4e_4 to begin
at the time a volunteer enter. a private ve~ic1e for the purpose
of responding to a call and to end at .uch a ti.. as the
volunteer return. to hi. home or, in the ca.. of a volunteer who
makes an intermediate stop on hi. way to hi. hoae, to the first
location to which
he drives after the coap1etion of his
participation in the emergency services that were the subject of
the call.
6. Tbe Department shall keep in full force and effect a
policy of liability insurance on all -.erg8ney vehicles own.d by
the DepartMnt and used ill providing -rveacy .'rvlc.. wi thin
the District.
Said policy shall be. ~D tJ\e eaoWl~ of at least
I 1
cOMbined .ingle liut arid eball al_
name
the
,
$300,000.00
Monroe County Board of County C.u.sioners as ins.ured.. Proof
of insuranee 1n a form acceptule to the District shall be
provided by each Department.
,
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. This is a three-year agreement, beginning on the
/ ~~I- day of COrIZ,e-LLU 1988 and ending on the
3~:(L day of A ...ar L--r7( /. j A," , 1991.
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10, Either party may cancel this agreement by giving a
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 for
in said agreement on this c:fI ).or day ofY/7 ~~
, 1989.
,.
12.
governing board of the County has
)ved this
agreement and has authorized its presiding officer to sign it on
the
;./ -::r day of ,~
, 1989.
13. The special taxing districts, acting as volunteer
fire/rescue departments, as set forth in Ordinance No. 11),/qVZ
affirm that the terms of this agreement were approved and its
execution
was
directed
on
the
.2/~r day
of
J~~~
r
, 1989.
Lower arid Middle Keys Fire and Ambulance
Special Taxing District
By
Chairman
f
(SEAL)
Attest:
Clerk
VOLUNTEER FIR! DSPARTMBWT
BY~~~.
resident
(SEAL)
Attest:
r::Dt~:-5
Secretary
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BY
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