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HomeMy WebLinkAboutResolution 064-1988 James R. Paros, Director Emergency Services RESOLUTION NO. 064 -1988 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, SITTING AS THE BOARD OF GOVERNORS OF MUNICIPAL SERVICE TAXING DISTRICT 1-C, AUTHORIZING THE CHAIRMAN OF THE BOARD TO EXECUTE AN AGREEMENT BY AND BETWEEN SPECIAL TAXING DISTRICT 1-C AND THE SUGARLOAF KEY VOLUNTEER FIRE DEPARTMENT, INC. FOR THE PURPOSE OF REIMBURSING VOLUNTEERS. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, SITTING AS THE BOARD OF GOVERNORS OF MUNICIPAL SERVICE TAXING DISTRICT 1-C, as follows: The Chairman of the Board is hereby authorized to execute an Agreement by and between Special Taxing District 1-C and the Sugar10af Key Volunteer Fire Department, Inc., a copy of same being attached hereto, for the purpose of reimbursing volunteers. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, sitting as the Board of Governors of Municipal Service Taxing District 1-C at a regular meeting of said Board held on the 2nd day of February, A. D. 1988. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, SITTING AS THE BOARD OF GOVERNORS OF MUNICIPAL SERVICE TAXING DISTRICT 1-C By .a~/ .? CHA N (Seal) Attest: DANNY L. KOLHAGE, Clerk ~P~l~ /l(. f AGREEMENT THIS AGREEMENT, made and entered into this day of , A.D, 19 between Special Taxing District No. I-C hereinafter referred to as the "District" and the Sugar loaf Kev Volunteer Fire Department, Inc. Volunteer Fire Department or Volunteer Fire Department and Ambulance Corps (whatever the case may be). hereinafter referred to as the "Department". WITNE~SETH: ~HEREAS. 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. I-C ,through the Board of County Commissioners of Honroe 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- vict's ilnu 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 pilrt il':; hl'rpto do agr,'" as follows: 1. That the various special taxing districts shall utilize the services of the volunteers both as firefighters and for ".;'"" rescue purposes lat for said services a reimbursement to silict volunteers sh<lll be in the sum of $100,00 per month, not to excecd 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- l,d funds. ., That insofar as the various special taxing districts hil\'C in their hudget for the fiscal year 19~- JHL funds avail- nble 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 agrCl'nll'nt. 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 vehicleCs) 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. S. The Department shall keep in full force and effect a policy of liability insurance on all emergency vehicles owned by 2 thl' Oepartment and used in providing emergency services wi rhi [\ the Oistrict. "liS, ,1 icy shall be in the amount of at least $300,000.00 /".)J,)'3 H.~.e+'~h-99 combined single limit and shall also name the Monroe County Board of County Commissioners as insured. 6, Nothing contained in this agreement shall cause the volunteers to he 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 responsihility in connection with the subject of this agreement ot her thiln the payment of tll(' reimbursement provided in paragraph hereof and the furnishing of insurance as provided in paragraph 4 hereof. Monroe County and the special taxing districts assume no liahility for, and each of the volunteers agrees to hold said CC'tln~y and District harmless from, any and all claims that may arisc' from the actions or the inaction of the volunteer, whether in the course of his volunteer efforts or not. and that are not covered hy the insurance required under the provisions of para- graph 4 hereof. Further. it is the understanding and intent of all parties to this agreement that the provisions of this para- graph do not alter the leglll relationships of the parties exist- ing immediately pdor to its execution with regard to the poten- tial vicarious liability, The purpose for the inclusion of this paragraph is to memorialize the existing understanding of the parties. No compensation shall he paid to the volunteers by Monroe County 0r t he special taxing districts except the reimbursement provided in this agrt.>ement or in any extension or written modi- fication of this ilgreement. 7. The County does hereby affirm that the governing board did approve on the J..-n.!. day of 'Ff...b Y'i.A.()A f ' A. D. 19S~ , this agreement and did direct and authorize its presiding officer to enter into said agreement. 8. That the various special taxing districts acting, as volunteer fire and/or rescue departments as is set forth in Ordin_n" Nn. -lO -IQS2:, did affirm that a duly In.titutod meeting of the governing board of the same on the dr. day of 3 ~brvL~_, A,D. 19~ , the terms of this agreement approved and the execution thereof directed. \.\.f;ts 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 reimhursement. A signed roster of all volunteers and all chiefs shall be provided for the Finance Department. The signatul'e and agreement of the individuals as prescrihed 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 day of . 19_ SPECIAL TAXING DISTRICT NO. 1-C By Chairman (SPill) Attest: Clerk VOLUNTEER FIRE DEPARTMENT OR VOLUNTEER FIRE DEPARTMENT AND AMBULANCE CORPS (whatever the case may be) By /'/:, , r 'J '_ I 'iI', ")/,~ ;. President f (Seal) Attest: ( (//'(" Secretary APPROVED AS TO fOr,." !S.G'1" '."&.'f'."../C/;/ ~.;".).' {i/ BY -~ ":;~,~=-~, c 7." t. i"". " ','.. ;",. " t 4