Resolution 080-1988
James R. Paros, Director
Emergency Services
RESOLUTION NO. 080-1988
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
SITTING AS THE BOARD OF GOVERNORS OF
MUNICIPAL SERVICE TAXING DISTRICT 2,
AUTHORIZING THE CHAIRMAN OF THE BOARD TO
EXECUTE AN AGREEMENT BY AND BETWEEN SPECIAL
TAXING DISTRICT 2 AND THE MARATHON VOLUNTEER
FIRE & RESCUE, 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 2, as follows:
The Chairman of the Board is hereby authorized to execute an
Agreement by and between Special Taxing District 2 and the
Marathon Volunteer Fire & Rescue, 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 2 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 2
g~1 t-
CHAIRMAN
By
(Seal)
Attest: DANNY L. KOLID:1.GIt, Clerk
~~~o~
i~;~I/EI) AS 70 FOi?!!/:
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AGREEMENT
THIS AGREEMENT, made and entered into this day of
, A.D. 19 between Special Taxing District
No. 2 ,hen'inafter referred to as the "District" and the
Marathon Vol. Fire & Rescue. Inc. Volunteer Fire
Department or Volunteer Fire Department and Ambulance Corps
(whatever the casp may be), hereinafter referred to as the
"Dep.lrtmL'nt" ,
!:lITNE~SETH:
~~EREAS, 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
\.JHEREAS, such fire protection and rescue protection is for
the furtherance of the common good of Monroe County, and
WHEREAS, the Department aforesaid and the Specia 1 Taxi ng
District No. 2, through the Board of County Commissioners of
Monroe County, Florida, as the governing body, have agreed and
provil.!.'.! ny ordinance for the various departments to reimnurse
it~ volunteer personnel and chiefs from funds strictly within the
budget 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 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 agre~ thereto,
nC'w, then'fore,
nE IT UNDERSTOOD thnt in consideration of the covenants
ar.r('C'd tC' herein and other good and valuable considerations, the
pa rt ies !It'reto 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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(1,\"':,",
reseu,' purposes a
It for sai d services a reimhursement to
said volunteers sh;l11 ne in the sum of $100.00 per month, not to
e)\('('l'<I tlH' nudgp'l'd funds, wi th it ne ing unders toot! that thE'
various chiefs of the special taxing districts shall be reim-
nursed in the sum of $250.00 per month, not to exceed the budget-
ed funds.
'1
That insofar as the various special taxing districts
have in their budget for the fiscal year 19~-88 funds avail-
able for the reimbursement provided by this agreement that the
tiaml' shall be clone 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.
Monro!' County and/or the special taxing districts shall keep
in full f0rcl' ;1110 effect.1 policy of liability insurance on all
emergency vehicles owned by the County and/or special taxing
di!'tricts and uset! by the Departments, which policy shall also
provide secondary, or back-up, coverage on private vehicles only
during such timf.'s 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>, tl' tllf' 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 OE>partment shall keep in full force and effect a
policy of liability insurance on all emergency vehicles owned by
2
..".
, the Department 3r
1 in providing emergency services within
,'r,
lIthe District.
V"" $300,000.00
!--- ~ h~;9+1.{}-;-GQ
S"id policy shall be ill the amount of at leatt
combin('1i sinJ~l(' limit and shall also name tilt'
~"llr,'e COllllty 1\1).11"(1 of CI)\l1l1 v Commissioners as insured,
(,. Nothing contained in this agreement shall cause the
\'olu\,teers to l>e deemed or held to be agents or employees of
Monroe County or "f the special taxing districts. Monroe County
and the special taxing districts shall have no liability 01'
respC'nsil.ility in connection with the subject of this agreement
other than the payment of the reimbursement provided in paragraph
hereof and the furnishing of insurance aa provided in paragraph
4 hereof. Monroe County and the special taxing districts assume
no liabiHty for. and each of the volunteers agrees to hold said
C,-,unty and District harmless from, any and all claims that may
arisl' frllm the actions or the inaction of the volunteer, ,.,hether
in the course of his volunteer efforts or not, and that are not
covered by the insurrtnce required under the provisions of para-
graph 4 hereof. Further, it is the understanding and intent of
all parties to this agreeml'nt that the provisions of this para-
graph do not alt~r the l~gal relationships of the parties exist-
ing immediately prior to its execution with regard to the poten-
tial vicilrious U;lhility. The purpose for the incluaion of this
paragraph is to memorialize the existing understanding of thl'
parties.
No compensat ion shall be paid to the volunteers by Monroe
County or the spf'cial taxi.ng 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 governing board
did approve on the
day of
. A.D.
19 . this agreement and did direct and authorize its presidlnr.
officer to enter into said agreement.
B. That the various special taxing districts acting, as
volunteer fire and/or rescue departments as ia aet forth in
Ordinance No.
did affirm that 8 duly constituted
meeting of the governing board of the same on the
day of
3
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.,,-
',"".\
, A.D. 19_____, the terms of this agreement
.
was approved and the ~xecution thereof directed.
9. That each contract or agreement entered into by the
various special taxing districts and the operating corporations
known as Departm('nts shall also be executed hy the volunteers
prior to the receipt of reimhursement. A signed roster of all
volunteers and a 11 chiefs shall he provided for the Finance
DepLlrtment. The signature :md agreement of the individuals as
prescribed in this section is a condition precedent to the
disl>ursement 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. 2
By
Chairman
(Seal)
Attl'st:
Clerk
VOLUNTEER FIRE DEPARTMENT OR
VOLUNTEER FIRE DEPARTMENT AND
AMBULANCE CORPS
(whatever the case may be)
By $/,p/&,/
(Seal)
Attest:
~,~~..M-
. Secretary
APPROVED AS TO ror.1'
~GAlSUr~Cff'Cy.I)
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