Resolution 040-1987
-\ --- --
James R, Paros, Director
Emergency Services
RESOLUTION NO. 040 -1987
A RESOLUTION OF THE BOARD OF COUNTY COMt.nS-
SIONERS OF MONROE COUNTY, FLORIDA, ACTING AS
THE BOARD OF GOVERNORS OF SPECIAL TAXING
DISTRICTS 1-D AND 4-B, APPROVING AND
AUTHORIZING THE CHAIRMAN OF THE BOARD OF
GOVERNORS TO EXECUTE AN AGREEMENT BY AND
BETWEEN 1) SPECIAL TAXING DISTRICT 1-D AND
THE BIG PINE KEY VOLUNTEER FIRE DEPARTMENT,
INC., AND 2) SPECIAL TAXING DISTRICT 4-B AND
THE ISLAMORADA VOLUNTEER FIRE, RESCUE AND
AMBULANCE CORPS., INC. FOR THE PURPOSE OF
REIMBURSING VOLUNTEER FIRE PERSONNEL.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLOR IDA, ACTING AS THE BOARD OF GOVERNORS OF
SPECIAL TAXING DISTRICTS 1-D, AND 4-B, as follows:
That the Board of County Commissioners of Monroe County,
Florida, acting as the Board of Governors, hereby approves and
authorizes the Chairman of the Board of Governors to execute an
agreement by and between 1) Special Taxing District 1-D and the
Big Pine Key Volunteer Fire Department, Inc., and 2) Special
Taxing District 4-B and the Islamorada Volunteer Fire, Rescue and
Ambulance Corps., Inc., a copy of same being attached hereto and
made a part thereof, for the purpose of reimbursing Volunteer
Fire Personnel.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, acting as the Board of Governors of
Special Taxing Districts 1-D and 4-B, at a regular meeting of
said Board held on the ,t), day of JQ" CA.&A.,.'
, 1987.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA,
ACTING AS THE BOARD OF
GOVERNORS OF SPECIAL TAXING
DISTRICTS 1-D AND 4-B i'"
(....: I' ,f J.'.,
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BY';/;- ;.<w.I~'- '-'"'-''"-~'-:5 / /' ,
(SEAL)
Attest :DANNX L. KOLHAGE, ClerK
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AGREEMENT
THIS AGREEMENT, made and entered into this
.W'
day of
A.D. 19
between Special Taxing District
No.
1-D
hereinafter referred to as the "District" and the
Big Pine Key Volunteer Fire Depart.mcnt, Ine.
Volunteer
Fire
Department or Volunteer Fire Department and Ambulance Corps
(whatever the case may be), hereinafter referred to as the
"Departmeut",
WITNESSETH:
ltmEREAS, the various special taxing districts have been
further organized into departments as a non-profit incorporation
u
for the purpose of providing fire protection and rescue facil-
ities to the people and property of the same in Monroe County,
and
vlHEREAS, such fire protection and rescup protection 1 s for
the furtherance of the common good of Monrop County, and
WHEREAS, the Department aforesaid and the Special Tnxing
District No.
1-D , through the "Board of County Commiss ioners of
Honroe County, Florida, as the governing body, have agreed and
provided by ordinance for the vari.ous 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
cons tant alert as firefighters and volunteers in various 1 ife-
saving activities, and
WHEREAS, these parties now desire to formally agree for the
reimbursement of volunteers for expenEies 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 servi.ces a reimbursement to
said volunteers shall be in the sum of $50.00 per month, not to
exceed the budgeted funds, with it being understood that the
vario~s chiefs of the special taxing districts shall be reim-
bursed in the sum of $200.00 per month, not to exceed the budget-
ed funds, herein with a maximum of -1~ volunteers and 1
chiefs who shall be reimbursed under this agreement.
2. That insofar as the various special taxing districts
have in their budget for the fiscal year 19~-~ funds avail-
able 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 duratio~ of
this agreement.
4. Each of the volunteers of the Departments descri bed
herein shall furnish and keep in full force and effect a policy
of liability insurance on his pri.vate vehicle(s) in such amounts
of coverage as are required under Florida law.
Monroe County and/or the special taxing districtR shall keep
in full force and effect a policy of liability insurance on all
em(~rgency vehicles owned by the County and/or sped al taxing
districts and used by the Departmen~:s, which policy ~;hall also
provide secondary, or back-up, coverage on private vehicles only
during such limes as they are operated in response to a call for
the emer~ency 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 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
2
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the Department and used in providing emergency services within
tr.e District. Said policy shall be in the amount of at least
$1,000,000.00 combined single limit and shall also name the
Monroe, County Board of County Commi~sioners us insured.
6. Nothing contained i.n this agreement shall cause the
volunteers to be deemed or held to be agents or employees of
Nonroe 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 lflbility 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 understandi.ng and intent of
all pnrties to this agreement that the provisions of this para-
graph do not alter the legal relationsllips of the parties exint-
ing immediately prior to its execution wi th regard to tl1l' poten-
tial vicarious liability. The purpose for the inclu'~ion uf t-his
paragraph is to memorialize the existing understanding of the
parties.
No compensation shall be pelid to the volunteers hy Monroe
C011nty 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 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 approve~ and the execution thereof directed.
9. That each contract or agreement entered into by the
various special taxing districts a"tld the operating corporationfl
knovm 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-
men t .
IN WITNESS WHEREOF, the parties hereto executed this agree-
day of
, 19
ment Ion the
SPECIAL TAXING DISTRICT
NO. I-D
Ey
- __00 ----'-,.q:-- T.-------.---.---.--------.
t..-n;U rman
(Seal)
Attest:
Clerk
VOLUNTEER FIRE DEPARTMENT OR
VOLUNTEER FIRE DEPARTMENT AND
AMEULANCE CORPS
(whatever the case may be)
EyJ1l/L{2~_~
~~es~ cnt
(Seal)
Attf'st:
,I / J /
I~,-,VL. ~1..Lc\.c'--
- Secretary
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AGREEMENT
THIS AGREEMENT, made and entered into this
de:tV of
A. D. 19
between Special Taxing District
No. 4-B, hereinafter referred to a~; the "Di strict" and the
Islarrorada Volrmteer Fire, Rescue and
Ambulance Corps, Inc. _________ Volunteer Fire
Department or Va lun teet- Fire Df'P"! rtrr!en t and Amhu 1.111 ce Corp~~
(vlhatever the C3~~f' m.1Y be), hereinnfter refl'lTf'd to :-is t1w
"Department",
WITNESSETH:
WHEREAS, the various special taxing districts have been
further organized into departments as a non-profit incorporation
tor the purpose ()f providi ng fi re pr()tpction and res cup f<1cil-
ities to the people and property of the same in Monroe County,
and
\vHEREAS, such fj re protection and rescue protect; on i~; for
the furtherance l) f the common good of Monr()\) Conn t-y, ;intI
WHEREAS, the Department aforesaid rtnd lIw Special TalCillg
District No.
4-B
, throllgh the Board of County Commissioners of
Honroe Count'", Floridn, as the governing hody, have agrc'd 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 Dnd ambulance peisonnel in
the respective special taxing districts are available and are on
corstallt alert as firefighters and volunteers in various life-
saving activities, and
WHEREAS, these parties now rlesire tel formally agree for the
reimbursement of volunteers for expenses relatillg to said ser-
vices 3nd the various volunteer departments do agree thereto,
nm.;r, the::-efore,
BE IT UNDERSTOOD that in c()n~)id('rat:ion of the covenants
a~reed to herein and other good and valuable considerations, the
parties herr~to do agree as follows:
1. That the variolls spi?cial taxing districts shall utilize
the services of the volunteers both as firefighters and for
._.~__-.J_ .>__._...T_.'.__'__._____....__.~_.._'W__ ___
rescue purposes and that for said services a reimbursement to
said volunteers shall be in the sum of $50.00 per month, not to
exceed the budgeted funds, with it being understood that the
variQl:ls chiefs of the special tax"'ing districts shall be reim-
bursed in the sum of $200.00 per month, not to exceed .the budget-
ed funds, herein with a maximum of 30 volunteers and 1
chiefs who shall be reimbursed under this agreement.
2. That insofar as the various special taxing districts
have in their budget for the fiscal year 19 ~-~ funds avai 1-
able 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 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 liability insurance on all
emergency vehicles owned by the County and/or special taxing
districts and '1sed 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 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 subject of the call.
S. The Department shall keep in full force and effect a
policy of liabi.lity insuran,~e on all emergency vehicles owned by
2
the Department and used in providing emergency services wi thin
the District.
Said policy shall be in the amount of at least
$1,000,000.00 combined single limit and shall also name the
Monro~ County "Board of County Commi~sioners as insured.
p.
6. Nothing contained in this agreement shall cause the
volunteers to be deemed or held to be agents or employees of
Monroe County or (if t:1w "'recicd taxing distr:-icts. Monroe County
and thl" special taxing districts shall have no liabilit;l or
responsibility in connection with the subject of this agreement
other than the payment of the reimbursement provided in paragraph
1 hereof and the furnishin~ of insurance as provided 1n 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 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 'licarious 1 iability. The purpose for the inclusion of this
paragraph lS 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 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 a~d 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 . 4-B
By
Chairman
(Seal)
Attest:
Clerk
VOLUNTEER FIRE DEPARTMENT OR
VOLUNTEER FIRE DEPARTMENT AND
AMBULANCE CORPS
(whatever the c se may be)
8y IL r~i~
(Seal)
Attest:
J~40e@i(dbz#
,
4