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Resolution 065-1988 James R. Paros, Director Emergency Services RESOLUTION NO. 065 -1988 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, SITTING AS THE BOARD OF GOVERNORS OF MUNICIPAL SERVICE TAXING DISTRICT 3, AUTHORIZING THE CHAIRMAN OF THE BOARD TO EXECUTE AN AGREEMENT BY AND BETWEEN SPECIAL TAXING DISTRICT 3 AND THE CONCH KEY VOLUNTEER FIRE DEPARTMENT AND RESCUE SQUAD, 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 3, as follows: The Chairman of the Board is hereby authorized to execute an Agreement by and between Special Taxing District 3 and the Conch Key Volunteer Fire Department and Rescue Squad, 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 3 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 3 fl~? ~~ ' 1 By b/ CHAIRMAN (Seal) Attest:DANNY 1. KOLHAGE, Clerk :stAQIl~ N.(. / _~... r'~ i\ ~ -"tJ rn,-;'.-_'" ',\"';';(,'/:J.#~ :".~,;,. fl;. ~ ,_,S,._" At.) J ,r;.~/IL. . if "".! t-L-6 ~I '. ------------ r:~' Au.,'nc/s ,"'y,,,;e I AGREEMENT THIS AGREEMENT. made and entered into this day of . A.D. 19_ between Special Taxing District No. 3 . hereinafter referred to as the "District" and the Conch Kev 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", WITNE!jSETH: 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 Di~trict No. 3 ,through the Board of County Commissioners of ~!onroe County. Florida, as the governing body. have agreed and provided by ordinance for the various departments to reimburse its v(,lunteer 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 consLlI1t 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 he 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- ahle 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 descrihed 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 liahility insurance on all emergency vehicles owned by the County and/or special taxing dis tricts and used by the Departments, which policy sha 11 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 suhject of the call. 5. The Department shall keep in full force and effect a policy of liability insurance on all emergency vehicles owned hy 2 the Department anA ..~.,~ in providing emergency services within the District. $300,000.00 $ ~t}{M .9f4h"99 lJ\J, Mo roe County Said policy shall be in the amount of at least compined single limit and shall also name the Board of County Commissioners as insured. 6. Nothing contained in this agreement shall cause the volunteers to 1>e deemed or held to be asents or employees of Monroe County or of the special taxing districts. Monroe County and the special taxing districts shall have no liability or resp0nsi~ility 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 lial-ility for, and each of the volunteers agrees to hold said County and District harmless from, any and all claims that may aris(' from the actions or the inaction of the volunteer, whether in the course of his volunteer efforts or not. and that are not covered 1>y 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- ~raph do not alter the lp~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 existing understanding of the parties. No compensat ion shall be paid to the volunteers by Monroe County or the special taxing districts except the reimbursement provided in this agrt'ement or in any extension 'or written U\odi- fication of this agreement. 7. The County does hereby affirm that the governihg boarn did approve on the M day of R-' 19~~ , this agreement and did direct s presiding officer to enter into said agreement. 8. That the various special taxins districts acting, ,as volunteer fire and/or rescue department. as is set forth in Ordinance No. --'0 '''1(,18'd-, did affirm that a duly constituted meeting of the governing board of the same on tbe cfY\(;\ day of 3 'f= eJ:>r1.l(j;(J ' A. D. 19<iS~ , 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 sign~d 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 day of . 19_ SPECIAL TAXING DISTRICT NO. 3 By Chairman (Seal) Attest: CI~rk VOLUNTEER FIRE DEPARTMENT OR VOLUNTEER FIRE DEPARTMENT AND AMBULANCE CORPS (whatever the case may be) 'Y~ ~J. r k.)~ e aent (Seal) Attest: 'd ) r-r-) , .J + ,r." It--(r~ } krt'l/I.-J 1 ecretary IIPPROVED AS 70 (or.'u A~. t,G'll ~"',,U{!JCI:'r ~,'y./,)' !/ ( '-. / ' " oy .<._'::_(>____~ _ f I .~., it ....~". .' " " .' , 4