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Resolution 269-1989 Janes R. Pares Public Safety Division RESOLUl'ION NO. 269 -1989 A RESOLUl'ICN CF THE OOARD OF COUNTY C(M.fiSSIONERS OF MCNOOE COUNTY, FIDRIDA, AUTHORIZING THE CHAIRMAN TO EXECUl'E AN AG.REEMENr BE'lWEEN THE TAVERNIER VOLUNTEER FIRE DEl'ARIMENT AND AMBULANCE CORPS, I~.AND SPECIAL TAXIN; DISTRIcr 5, 'IHROOGH THE ~E COUNTY BOARD OF COUN'I.Y CCMITSSICNERS CCNCERNING THE REIMBURSEMENT OF VOLtNI'EERS BE IT RESOLVED BY THE OOARD OF COUNTY CCMITSSIONERS OF MONROE COUNTY, FIDRIDA, that the Chainnan is hereby authorized to execute an agreement between the Tavernier Volunteer Fire Deparbrent and Ambulance Corps, Inc. and Special Taxing District 5, through the Monroe County Board of County Conmissioners, copies of same being attached hereto and rrade a part thereof, roncerning the reimbursement of volunteers. PASSED AND ADOPl'ED by the Board of County Carmissioner of M:>nroe Colmty, Florida, at a regular meeting of said Board held on the :::.t:f /.d day of ~ ' A.D. 1977. OOARl) OF COUNTY CCM-rrSSIONERS OF .M::NroE COUNTY, FIDRIDA By ///I~~ Mayor/Chai (Seal) Attest: D~~ 1.. ~QLHAGE, Qlerk vf]/&dL~1'M Approved as to fonn and legal sufficiency. ; OW r;/)/ / / ~< ~{~~ By: County Attorney's Office L 17: L tI L- NIT 68, . (j '~.J ~) _.~ (.; ..u i I.:l AGREEMENT THIS AGREEMENT, made and entered into this day of , A.D., 19____ between Special Taxing District No.5, hereinafter referred to as the "Oistrict" and the Tavernier Volunteer Fire Department and Ambulance 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 t WHEREAS, such fire and rescue protection is for the furtherance of the common good of Monroe County and WHEREAS, the Department and the Special Taxing District No.5, 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, therefore, 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 -ol' 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~ovided by each volunteer. 5. Monroe County and/or the special taxing districts shall keep 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 within 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 Commissioners as insured. froof ~ 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 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 acuions 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 /~r 3J;tJ day of .i!J~ ~ ~ ~k~-uA ) , 1988 and ending on the day of , 1991,. 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 conQ,ition precedent to the disbursement of any reimbursements provided for in said agreement on this ,;:;3wL day of hrJ- ' 197;;. 12. The governing board of the County has approved this agreement and has authorized its the ,;.F;;,,) day of h~ 13. The special aXlng presiding officer to sign it on , 1989. districts, acting as volunteer fire/rescue departments, as set forth in Ordinance No. If} -/912- affirm that the terms of this agreement were approved and its .:J3d day of execution IJLI-t, u was directed on the , 1989. SPECIAL TAXING DISTRICT NO. 5 By /J/I~4I/~ Chairman f (SEAL) Attest: DANNX 4 KOLHAGE, ~lerk -L2Lc~'~iO~ VOLUNTEER FIRE ANDAMBULANCE CORPS DEPARTMENT By 1~ b;;;r~ President (SEAL) Attest: ~C;;;?~ . Secretary A~rt:t~Je FORM BY ArID flJ 17/ Attorney', Office I "