FY1986-1987 01/09/1987 Agreement
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON. FLORIDA 33050
TEL. 13051 743-9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST. FLORIDA 33040
TEL. 13051294-4641
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY. FLORIDA 33070
TEL. (3051 852.9253
M!~Q.~~!.Q!!~
To: Reggie Paros, Emergency Services Director
From: Rosalie L. Connolly, Deputy Clerk
Subject: Resolution No. 040-1987
Date: January 9, 1987
On January 9, 1987, the Board of County Commissioners adopted
Resolution No. 040-1987 approving and authorizing the Chairman
of the Board to execute an Agreement by and between Special
Taxing District I-D and Big pine Key Volunteer Fire Department,
Inc. for the purpose of reimbursing Volunteer Fire Personnel.
Attached hereto are two certified copies of the subject
Resolution and two copies of the fully-executed Agreement. One
set of documents should be retained for your records and the
other set should go to Big pine Key Volunteer Fire Department.
Attachments
cc: County Attorney
~nance Department
vile
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,
AGREEMENT
THIS AGREEMENT, made and entered into this t-tit day of
,1." c.r;,. j A.D. 1912- between Special Taxing District
No. 1-D , hereinafter referred to as the "District" and the
Big Pine Key Volunteer Fire Departrrent, Inc.
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 Tnxing
District No.
1-D , through the ~oard 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 1ife-
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,
llE 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 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 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 duratiou 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 vehic les owned by the County and / or speci.al taxi ng
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 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
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the Department and used in providing emergency services within
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 Commissioners 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 IfAbility 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 thl' 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 Monro"
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 f.s 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. ] 9
, 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 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-
men t .
IN WITNESS WHEREOF, the
men t 'on the to t:1.
day of
parties hereto
'- \0. h .. 4 .1-"'0
executed this agree-
__' 19~.
(Seal)
SPECIAL TAXING DISTRICT
NO . 1-D
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Attest: DANNY L. KOLHAGE, Clerk
J9.L ~1.gC
VOLUNTEER FIRE DEPARTMENT OR
VOLUNTEER FIRE DEPARTMENT AND
AMBULANCE CORPS
(whatever the case may be)
By-E4ea~
(Seal)
Attest:
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