Resolution 091-1988
James R. Paros, Director
Emergency Services
RESOLUTION NO. 091 -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-B,
AUTHORIZING THE CHAIRMAN OF THE BOARD TO
EXECUTE AN AGREEMENT BY AND BETWEEN SPECIAL
TAXING DISTRICT 4 -B AND THE ISLAMORADA
VOLUNTEER FIRE AND RESCUE CORPS, 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-B, as follows:
The Chairman of the Board is hereby authorized to execute an
Agreement by and between Special Taxing District 4-B and the
Islamorada Volunteer Fire and Rescue Corps, 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
Municj..pal Service Taxing District 4-B at a regular meeting of
said Board held on the 16th 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-B
iZ~~ ? ~/'?
By ._~
C RMAN
(Seal)
Attest:DANNY L. KOLHAGE, ClerK:
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C ERK f
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~
AGREEMENT
TillS AGREEMENT, made and entered into this
day of
. A.D. 19 between Special Taxing District
No. 4-B, hereinafter referred to as the "District" and the
Islarrorada Volunteer Fire and Rescue Corps, Inc, Volunteer Fire
Department or Volunteer Fire Department and Ambulance Corps
(whatever the case may be), hereinafter referred to as the
"Department",
WITNESSETH:
~~tEREAS, the various special taxing districts have been
furthpr organized into departments as a non-profit incorporation
for the purpose of providing fire protection and rescue faci 1-
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 Gommon good of Monroe County, and
WHEREAS, the Department ,aforesaid and the Special Taxing
Di~trict No. 4-B , through the Board of County Commissioners of
Monroe County, Florida, as the governing body, have ag~eed and
provided by ordinance for the varIous departments to reimburse
it:; volunteer personnel and chi~fs from funds strictly within the
budget of the various special taxing districts, and
\mEREAS, the various firefighters and ambulance personnel in
the respective special taxing districts are available and are on
l'OllSLlllt alert as firefighl:l'rs 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 s('r-
vices and 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
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
l
rescue purposes ane
for said services a reimbursement to
said volunteers shall be in the sum of $100.00 per month, not to
exceed the I:ludgeted funds, with it being understood 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-
c'd funds.
'1
That insofar as the various special taxing districts
have in their budget for the fiscal year 19~-~ funds avail-
31:l1e 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 arid 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 cnll 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
in providing emergency services within
the District. Said Rolicy shall be in the amount of at least
$300.000. 00 ~f5tIY.1 q)1IfIt>C. c..W~j~u)""'1-> /J ,)./-87
Sht}\}{+,IH4}.-Ge com1>im'd 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 1>e 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
responsi~ility in connection with the subject of this agreement
ot her than the payment of tht' reimbursement provided in plII'agraph
1 hereof and the furnishing of insurance as provided in paragraph
4 hereof. Monroe County and the special taxing districts assume
no lia~ility for, and each of the volunteers agrees to hold said
Count y and District harmless from, any and all claims that may
ari St' from the actions or the inaction of the volunteer, whether
in the course of his volunteer efforts or not, and that are not
covered ~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-
graph do not alter the legal relationships of the parties exist-
ing immediately prior to its execution with regard to the poten-
tial vicarious lia~ility. The purpose for the inclusion of this
paragraph is to memorialize the existing understanding of the
parties.
No compensation shall be paid to the volunteers by Monroe
Count y l)l" the sp(,l~ial 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 governing board
did approve on the
day of
. A.D.
19 . 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
Ordinance No.
did affirm that a duly constituted
meeting of the governing board of the same on the
day of
3
;-,~:.-' ".
, A.D. 19_____, 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
day of
. 19
SPECIAL TAXING DISTRICT
NO. If-8
:By
Chairman
(Sea 1)
Attest:
Clerk
VOLUNTEER FIRE DEPARTMENT OR
VOLUNTEER FIRE DEPARTMENT AND
AMBULANCE CORPS
(whatever he case may he)
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