Resolution 066-1988
James R. Paros, Director
Emergency Services
RESOLUTION NO. 066 -1988
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
SITTING AS THE BOARD OF GOVERNORS OF
MUNICIPAL SERVICE TAXING DISTRICT 4-A,
AUTHORIZING THE CHAIRMAN OF THE BOARD TO
EXECUTE AN AGREEMENT BY AND BETWEEN SPECIAL
TAXING DISTRICT 4-A AND THE LAYTON 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 4-A, as follows:
The Chairman of the Board is hereby authorized to execute an
Agreement by and between Special Taxing District 4-A and the
Layton 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 4-A 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 4-A
By g~1
~
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
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AGREEMENT
TH IS AGREEMENT, made and entered into this
day of
, A.D. 19 between Special Taxing District
No. 4-A, hereinafter referred to as the "District" and the
Layton Vohmteer 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:
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. 4-A ,through the Board of County Commissioners of
~!Oliroe County, Florida, as the governing body, have agreed and
provided hy ordinance for the various departments to reimburse
its v01untecr personnel and chiefs from funds strictly within the
hudget of the various special taxing districts, and
\~HEREAS, the various firefighters and ambulance personnel in
the respective special taxing districts are available and are on
constant alert as firefig.hters 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, therpfore,
RE 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
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i
rescue purposes auu '-lldt 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-
~ursed in the sum of $250.00 per month, not to exceed the budget-
ed funds.
'1
That insofar as the various special taxing districts
hdve in their hudget for the fiscal year 19~- 88 funds avail-
able for the reimhursement provided by this agreement that the
same shall be done upon passag~ 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 lia~ility insurance on all
emergency vehicles owned by the County and/or special taxing
districts and used ~y 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 horne, 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
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the Department and used in pl~oviding emergency services wi thin
the Distric~.l ~d policy shall be
$300,000 . 00 V" \t7
S l-;-tH}{}.,8f)'{}:-GG combined s ingl f' 1 i mil.
in the amount of at least
and shall also name till'
Monroe County Board of County Commissioners as insured.
6, Nothing contained in this agreement shall cause the
volunteers to be deemed or held to be agents or emploYt'p,; of
Monroe County or of the special taxing districts. Monroe County
and the special taxing districts ~;hall have no I iabilitv ('r
responsibility in connection wlth the subject of this agn'etnt'nt
ot her than the payment of the 1" imhlll"sement provided in paragraph
hereof and the furnishing of nsurance as provided in paragraph
4 hereof. Monroe County and t e special taxing districts assume
11<> liability for, and each IIf till' volunteers agrt'es to ho](! said
C<'tinty and District harmless ~rom, any and all claims that may
arise from the actions or the lnaetion of the voluntt'l'r, vlhetlwr
in the course of his volunteer efforts or not, and that are not
covered by the insurance rl'qui red lindeI' the I'n1vi siems of j'ar.1-
l~r.1ph 4 lH'reof.
Further, it is the understanding and intent of
ill 1 paTties to tlds agreemcllt' that the provisions of this rar:!-
Fraph do not altC'r the legal relationships of the parties pl<i~;t-
il'~'. iml1i,'dintcly prior to it!; Pl<l'clIti"n with n'gnrd to thl' 1'('teIl-
t; al vicilrious liability. The pllrp(l~;e for the inclusion (,f t his
p:n-agraph is to memorialize the exist"ing understanding of the
1';1 r t i l"'~; .
No com!lensation shall be paid to the volunteer;; by MOllro\'
CUUlll Y or the special taxing districts except the reimbursement
pro\'ided in this agreement or in illlV extension or written modi-
';c.1tion of thi:; agreement.
7. The County does hpl,'phy affirm that the p,ovl'rninp; board
did apprllve OIl thedt'\O-- day of ___K,brLLM~q___' A.D.
1 q ~~, this agrepment and did 'direct and ;mthori:>:e Ii ts pn'siding
o::ficer to entcr" into said agreement..
8. That the various special taxing distTicts acting as
voluntepr fire and/or rescuc departments as is set f('rtl' in
Ordinance No.
\0 -lq~J-
did affirm th3t R duly cnnstitut'ed
of the same on the _~_t::1G:~_ day of
meeting of the governing board
;~
kb~ ' A.D. 19 <?f . the terms of this agreement
was approved and the execution thereof directed.
9. That each contract or agreement entered into hy thE'
various special taxing districts and the operating corporations
known as Departments shall also be executed hy 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 signature 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 ~~EREOF. the parties hereto executed this agree-
ment on the .
day of
,19_
SPECIAL TAXING DISTRICT
NO. 4-A
By
Cha1.rman
( Sea 1)
Attest:
Clerk
VOLUNTEER FIRE DEPARTMENT OR
VOLUNTEER FIRE DEPARTMENT AND
AMBULANCE CORPS
(whatever the case may be)
By ,;~V~--
Presl. ent
(Seal)
Attest:
~-"
J. \ (\\,; "--
~ec;~tary
APPROVED AS TO ror;.' 1
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