Resolution 373-1986
James R. Paros, uirector
Emergency Services
RESOLUTION NO. 373-1986
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, ACTING AS
THE BOARD OF GOVERNORS OF SPECIAL TAXING
DISTRICTS 1-B AND 5, APPROVING AND
AUTHORIZING THE CHAIRMAN OF THE BOARD OF
GOVERNORS TO EXECUTE AN AGREEMENT BY AND
BETWEEN 1) SPECIAL TAXING DISTRICT 1-B AND
THE BIG COPPITT VOLUNTEER FIRE DEPARTMENT,
INC., AND 2) SPECIAL TAXING DISTRICT 5 AND
THE TAVERNIER VOLUNTEER FIRE DEPARTMENT AND
AMBULANCE CORPS., INC. FOR THE PURPOSE OF
REIMBURSING VOLUNTEER FIRE PERSONNEL.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, ACTING AS THE BOARD OF GOVERNORS OF
SPECIAL TAXING DISTRICTS 1-B, AND 5, 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-B and the
Big Coppitt Volunteer Fire Department, Inc., and 2) Special
Taxing District 5 and the Tavernier Volunteer Fire Department 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-B and 5, at a regular meeting of said
Board held on the J'-tf, day of . ~c~he.,... , 1986.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA,
ACTING AS THE BOARD OF
GOVERNORS OF SPECIAL TAXING
DISTRICTS 1-B AND 5
9V~~ /[
J'/
(SEAL)
Attest :DANNY L. KOLHAGE, 91erk
~ ,;(?~..&~
, LERK .
BY
I I
: I
AGREEMENT
THIS AGREEMENT, made and entered into this
day of
A.D. 19
...
between Special Taxing District
No.
I-B
hereinafter referred to as the "District" and the
Big Coppitt Volu.'1.teer Fire DepartrrEnt, Inc.
Volunteer
Fire
Department or Volunteer Fire Department and Ambulance Corp~;
(whatever the case may be), hereinafter referred to as the
"Department",
WITNESSETH:
w~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 Count~T,
and
WHEREAS, such fire protection and rescue protection is for
the furtherance of the common good of Honroe County, and
\..JHEREAS, the Department aforesaid and the Special Taxing
I-B , through the 'Board of County Commi.ssioners of
District No.
Honroe 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 u:mERSTOOD 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 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
various 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 wi th a maximum of
35
volunteers and
2
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 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 mmed 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 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 thnt
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 used in providing emergency services within
the District. Said policy shall he in the amount of at least
$1,000,000.00 combined single limit and shall also name the
Monro~ County Eoard of County Comm~ssioners as insured.
6. Nothing contained in this agreement sha 11 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. Honroe County and the special taxing districts assume
no Ifbbility 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
c~JVereJ by the insurance required under the provisions of para-
;;;Laph 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-
t itll vicariow1 1 iabili ty. The purpose for the inc Ius ion or thi~;
paragraph is to memorialize the existing understanding of the
parties.
No compensation shall be paid to the volunteers hy Monroe
COlin ty or the spccia 1 taxing dis tr ic ts except thp- re imbursemen t
provided in this agreement or in any extens ion or wri tten 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.
S. That the various special taxing di stricts 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
.
--~-------".~-~_.~- ~.-_. -----'.---'------~-- ---- .--.....---------.- .------.------ ------- --------..-- -- ~ ---..- .-...-----------.---~-------....,----------.-----.__________ ___ _~_______ u_
"
, 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
D(~partment .
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 Jon the
day of
, 19
SPECIAL TAXING DISTRICT
NO . I-B
By
Chairman
(Seal)
Attest:
Clerk
VOI.UNTEER FIRE DEPARTMENT OR
VOLUNTEER FIRE DEPARTMENT AND
AMBULANCE CORPS
(whatever the case may be)
BY_~ 4~.L.""~---:? _
l' l'e stFcf~L..-
(Seal)
Attest:
,t~ ,1tI_~.it Zf~i?~
Secretary
4
.'
I
I
)
I
I
AGREEMENT
THIS AGREEMENT, made and entered into this
day of
'"
A.D. 19
between Special Taxing District
No.
5
hereinafter referred to as the "District" and the
Tavernier Volunteer Fire Dept. & Ambulance Corps.,Ine.
Volunteer
,.., .
l'lre
Department or Volunteer Fire Depnrt~ent and Arnbul~nce 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 faei 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 common good of Monroe County, and
WHEREAS, the Department aforesaid and the Special Taxing
District No.
5
, through the 'Board of County Commissioners of
!-ronroe County, Florida, as the governing body, have agreed ~nd
prov ided by ord j n;mce for the various departments to re irnburs e
its volunteer personnel and chiefs from funds strictly within the
budget of the various special taxing districts, and
WHEREAS, the various firefi.ghters and mnbulance p(::rsonnQ 1 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 ill consideration of the covenants
~gr0ed 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 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
vario~s chiefs of the special tllxing 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
55
volunteers and
2
chiefs who shall be reimbursed under this agreement.
2. That insofar as the various :.::;pecial taxing districts
have in their budget for the fiscal year 19~ -E- 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 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
err:ergency 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 vo]unteer 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 t 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
'.
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 Commrssioners as insured.
6. Nothing contained in this agreement 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 li~bility 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
cuvered 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 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 hy Monroe
COLnty 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 Co:mty does hereby flffirm that the governing board
did approve on the
day of
, A.D.
19 , this agreement and did direct and authorize itH presiding
<,rficer to f'nter into said agrel:ment.
8. That the various special taxing districts :tcting 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 he provided for the Financ(~
Department.
The signature and agreemellt 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-
rnent .Ion the
day of
, 19
SPECIAL TAXING DISTRICT
NO. 5
'By
Chairma"rl
(Seal)
At t est: DANNY L. KOLHAGE, Clerk
Clerk
VOLUNTEER FIRE DEPARTMENT OR
VOLUNTEER FIRE DEPARTMENT ^ND
AMBULANCE CORPS
(wha tever the caS-Q. l;k'lY be)
Rv ~<-'~.
- ----- - ---,~2 ._--
(Seal)
Attpst:
~sJ:~
4