FY1987-1988 02/02/1988
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 743-9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 294.4641
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852.9253
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MEMORANDUM
To: Reggie paros, Emergency Services Director
From: Shelley Brown, Deputy Clerk
Subject: Special Taxing District 3 Agreement
Date: February 10, 1988
As you are aware, on February 2, 1988, the Board of County
Commissioners adopted Resolution No. 065-1988 authorizing the
Chairman of the Board to execute an Agreement by and between
Special Taxing District 3 and the Conch Key Volunteer Fire
Department, Inc., for the purpose of reimbursing volunteers.
Attached hereto are two certified copies of the subject
ReSOlution, and one original and one copy of the Agreement.
One set of documents should be retained for your records
and the other set should go to your Department.
()~
Attachments
cc: Mayor E. Lytton
County Attorney
County Administrator
Finance Department
l--Pi 1 e
AGREEMENT
THIS AGREEMENT, made and entered into this c:2 tJD day of
~ebrlJtJJ' '4. ' A. D. 19 ~g between Special Taxing District
NO.3, 0 hereinafter referred to as the "District" and the
Conch Key Volunteer Fire Dept. and Rescue Squad. Inc.
Volunteer
Fire
Department or Volunteer Fire Department and Ambulance Corps
(whatever the case may be), hereinafter referred to as the
"Department",
WITNESSETH:
.
WHEREAS, the various special taxing districts have been
further organized into departments as a non-profit incorporation
for the purpose of providing fire protection and rescue facil-
ities to the people and property of the same in Monroe County,
and
WHEREAS, such fire protection and rescue protection is for
the furtherance of the common good of Monroe County, and
WHEREAS, the Department aforesaid and the Special Taxing
District No.
3
, 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
its 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 ser-
vices 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 do agree as follows:
1. That the various special taxing districts shall utilize
the services of the volunteers both as firefighters and for
rescue purposes and that for said services a reimbursement to
said volunteers shall be in the sum of $100.00 per month, not to
exceed the budgeted funds, with it being understood that the
various chiefs of the special taxing districts shall be reim-
bursed in the sum of $250.00 per month, not to exceed the budget-
ed funds.
2. That insofar as the various special taxing districts
have in their budget for the fiscal year 19~-~ funds avail-
able for the reimbursement provided by this agreement that the
same shall be done upon passage' of this ordinance when and if
said volunteers have entered into this agreement.
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.
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 opera-
tion 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 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.
5. The Department shall keep in full force and effect a
policy of liability insurance on all emergency vehicles owned by
2
the Department and used in providing emergency services within
the District.
$300 , 000 . 00
$Kf}OO~;-ge
M~oe County
Said policy shall be in the amount of at least
combined single limit and shall also name the
Board of County Commissioners as insured.
6. Nothing contained in this agre-.ent shall cause the
volunteers to be deemed or held to be alents 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 hereof and the furnishing of insurance as provided in paragraph
4 hereof. 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 para-
graph 4 hereof. Further, it is the underatanding and intent of
all parties to this agreement that the provisions of this para-
graph do not alter the le&al relationships of the parties exist-
ing immediately prior to its execution with regard to the poten-
tial vicarious liability. The purpose for the inclusion of this
paragraph is to memorialize the existina understanding of the
parties.
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 modi-
fication of this agreement.
7.
The County does hereby affirm that the governihg board
J 0 tl day of -l:YJrI)"OXf; . A . 0 .
this agreement and did direct and autho ize its presiding
did approve on the
19 ~~ ,
officer to enter into said agreement.
8. That the various special taxina districts acting, as
volunteer fire and/or rescue departments as is set forth in
Ordinance No. 10 -Iq~;t did affir. that a duly constituted
meeting of the governing board of the same on the d n J.... day of
3
~ _f--~y . A. D. 1910.? . the terms of this agreement
was approved and the execution thereof directed.
9. That each contract or agreement entered into by the
various special taxing districts and the operating corporations
known as Departments shall also be executed by the volunteers
prior to the receipt of reimbursement. 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 agree-
ment.
IN WITNESS WHEREOF, the parties hereto executed this agree-
ment on the
d "-'0> day of _FebrllafO'
SPECIAL TAXING
NO'. 3
, 19~ .
DISTRICT
tf2~? ~/,$,.
By
a~rman
( Seal)
At t est ~D.ANNX 4 KOLHAGE, Clerk
-SR~~/.()L
ler (
. .
VOLUNTEER FIRE DEPARTMENT OR
VOLUNTEER FIRE DEPARTMENT AND
AMBULANCE CORPS
(whatever the case may be)
By1:U~ LfJ~
( Seal)
Attest:
~ 4 ~
+ ~ .-::r1Y)~
ecretary
APPROVED AS TO rom,,,
A~GALS~mCl:'fJ
BY -L I... C L___ (i I ,'~.'- {
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