Resolution 196-1989
James R. Paros, ACA
Division of Public Safety
RESOLUl'ION NO. 196 -1989
A RESOLUI'ICN OF THE OOARD OF GJVERNORS OF THE LOWER
AND MIIDLE KEYS FIRE AND AMBl.1LAlCE DISTRICT OF MGrnOE
COUNTY, FIDRIDA, AUl'HORIZING THE CHAIRMAN TO EXEaJI'E
AN AGREEMENl' BE'lWEEN THE BIG PINE KEY VOLUNTEER FIRE
DEPAR'lMENT, INC. AND THE IDWER AND MIDDLE KEYS FIRE
AND AMBULANCE DISTRICT CCNCERNING THE REIMBURSEMENT OF
VOLtNl'EERS
BE IT RESOLVED BY THE OOARD OF GOVERNORS OF THE I.OWER AND MIDDLE KEYS
FIRE AND AMBULANCE DISTRICT OF MCNROE COUNTY, FLORIDA, that the Olainnan
of the Lower and Middle Keys Fire and Arrbulance District is hereby
authorized to execute an Agreeroont between the Big pine Key Volunteer Fire
Deparbrent, Inc. and M:>nroe County, copies of same being attached hereto,
concerning the reimburserrent of volunteers.
PASSED AND ADOPl'ED by the Board of Governors of the !..ower and Middle
Keys Fire and Arrbulance District of M:>nroe County, Florida, at a regular
meeting of said Board held on the 4 t h day of
April
, A.D. 19 89.
OOARD OF OOVERNORS OF THE
roWER AND MIDDLE KEYS FIRE AND
AMBULANCE DISTRICT OF MOOROE
CCXJNTY, FLORIDA
By
/III~#/~
Chainnan .,
-,
(Seal)
Attest:D.AN:NX 1. KOLHAGE, Clerk
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Approved as to fom and legal
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By: ... U----
County Attorney's Office
AGREEMENT
THIS AGREEMENT, made and entered into this
4~
day of
~
, A.D., 19 3' between the Lower and Middle Keys
Fire and Ambulance Special Taxing District, hereinafter referred
to as the "District" and the Big Pine Key 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 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
...
the rate of $250.0~r
per month; chiefs shall be reimbursed at
month.
.L
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 provided
by each volunteer.
5. Monroe County and/or the special taxing districts
shall k~ep in full force and effect a policy of liability
insurance on all emergency vehicles owned by the County and/or
special taxing districts and used by the Departments, 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 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 a 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, to the first
location to which he drives after the completion of his
participation in the emergency services 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 emergency services wi thin
the District. Said policy shall be in the amount of at least
$300,000.00 combined single limit and shall also name the
Monroe County Board of County Connnissioners as insured. Proof
of insurance in a form acceptable 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 4.
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 4. 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
/~.,- day of ~~ , 1988 and ending on the
.3e;~ day of ~~14~ , 199~.
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
4-
day of ~
, 191' .
12. The governing board of the County has approved this
agreement and has authorized its presiding officer to sign it on
the 4-"'- day of ~ , 1989.
13. The special taxing districts, acting as volunteer
fire/rescue departments, as set forth in Ordinance No. /~-lf'2.
execution
was
directed
on
the
approved and its
4-#.....- day of
affirm that the terms of this agreement were
~
, 1989.
Lower and Middle Keys Fire and
Ambulance Special Taxing District
By
Chairman
(SEAL)
Attest:
Clerk
VOLUNTEER FIRE DEPARTMENT
By
(SEAL)
Attest:
cu.cC~~
- Secre ry