Resolution 093-1988
James R. Paros, Director
Emergency Services
RESOLUTION NO. 093 -1988
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
SITTING AS THE BOARD OF GOVERNORS OF
MUNICIPAL SERVICE TAXING DISTRICT 6,
AUTHORIZING THE CHAIRMAN OF THE BOARD TO
EXECUTE AN AGREEMENT BY AND BETWEEN SPECIAL
TAXING DISTRICT 6 AND THE KEY LARGO 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 6, as follows:
The Chairman of the Board is hereby authorized to execute an
Agreement by and between Special Taxing District 6 and the
Key Largo 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 6 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 6
By
g~, f.,
CHAI fAN
(Seal)
Attest:DANNY L. KOLHAGE, Clerk
~~jhO.. ~~ ( f1C~
. CLERK
t
rw
"
AGREEMENT
THIS AGREEMENT, made and entered into this
day of
, A.D. 19
between Special Taxing District
6
, hereinafter referred to as the "District" and the
No.
Key Largo Voltmteer Fire Department, rnc.
Volunteer
Fire
Department or Volunteer Fire Department and Ambulance Corps
(whatever the case may be), hereinafter referred to as the
"Department",
WITNESSETH:
.
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.
6
, through the Board of County Commissioners of
Monroe 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-.
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 purpases and that far said services a reimbursement to.
said valunteers shall be in the sum af $100.00 per manth, nat to.
exceed the budgeted funds, with it being understaad that the
variaus chiefs af the special taxing districts shall be reim-
bursed in the sum af $250,00 per manth, nat to. exceed the budget-
ed funds.
2. That insafar as the variaus special taxing districts
have in their budget far the fiscal year 19~-~ funds avail-
able far the reimbursement provided by this agreement that the
.
same shall be dane upan passage af this ordinance when and if
said volunteers have entered into. this agreement.
3. Monrae Caunty and/or the special taxing districts
currently maintains and shall pravide Warkerls Campensatian
Insurance far the valunteers specified herein far the duratian af
this agreement,
4. Each af the valunteers af the Departments described
herein shall furnish and keep in full farce and effect a palicy
af liability insurance an his prfvate vehicle(s} in such amaunts
af caverage as are required under Flarida law.
Manrae Ceunty and/ar the special taxing districts shall keep
in full farce and effect a palicy af liability insurance an all
emergency vehicles awned by the Ceunty and/ar special taxing
districts and used by the Departments, which pal icy shall also.
pravide secandary, ar back-up, caverage en private vehicles enly
during such times as they are aperated in respanse to. a call fer
the emergency services ef the Department. Such peried af apera-
tian shall be deemed to. begin at the time a velunteer enters a
private vehicle far the purpese af respending to. a call and to.
end at such time as the valunteer returns to. his heme er, in the
case ef a valunteer who. makes an intermediate stap en his way to.
his harne, to. the first lacatien to. which he drives after the'
campletian ef his participatien in the emergency services that
were the subject of the call.
5. The Department shall keep in full farce and effect a
pelicy ef liability insurance en all emergency vehicles ewned by
2
the Departmer
the District.
$300 . 000 .
$r..{H}G.,G
d used in providing emergency se
!s within
shall be in the amount of at least
single limit and shall also name the
Monroe County Board of COU?ty Commissioners as insured.
6. Nothing contained in this agre.-ent shall cause the
volunteers to be 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
responsibility 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 liability for, and each of the volunteers agrees to hold said
County and District harmless from, any and all claims that may
arise from the actions or the inaction of the volunteer, whether
in the course of his volunteer efforts or not, and that are not
covered by the insurance required under the provisions of para-
graph 4 hereof. Further, it is the underatandinl and intent of
all parties to this agreement that the provisions of this para-
~raph do not alter the le&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 compensation shall be paid to the volunteers by Monroe
County or the special 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 loverniha board
did approve on the
day of
, A.D.
19 , this agreement and did direct and authori.e its presiding
officer to enter into said agree.ent.
8.
~ .
That the various special taxina districts actinl."as
I
volunteer fire and/or rescue depart_nta 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. 6
By
Chairman
(Seal)
Attest:
Clerk
VOLUNTEER FIRE DEPARTMENT OR
VOLUNTEER FIRE DEPARTMENT AND
AMBULANCE CORPS
(whatever the case may be)
~~~~
( Seal)
~
1./-
APPROVED AS TO FORM
A~GAl S~FFICI"";;~
BY -t.-~~~ @ /"--:.- ~
~. . -'--
Ahorncy ,<; OUi,cPo
4