HomeMy WebLinkAboutBack-Up from Law DeptSec. 19-9. - Special off-duty fire -rescue services.
(a) The director of the department of fire -rescue, and the fire marshal, or their designees, shall cause the
requests for off-duty fire -rescue personnel to provide services to persons or businesses requesting the
same to be evacuated on the basis of the reasonableness thereof, included in such evaluation, factors
of existing laws, ordinances, rules and regulations, personnel scheduling availability, risk of harm to
personnel and department efficiency.
(b) As a fee payable to the city to offset the costs of administering the herein off-duty fire -rescue services
program, the director of the department of fire -rescue shall cause to be collected and shall establish
procedures for the collection by the city of a sum of $65.77 per hour for a firefighter, $77.29 per hour
for a fire lieutenant, $84.25 per hour for a fire captain and $92.67 per hour for a chief fire officer, for
one location. Multiple fire -rescue personnel, days or locations shall be assessed on a per person, per
job, per day basis for contractual employment of off-duty fire -rescue personnel by private persons or
firms. This fee shall be in addition to the hourly compensation rate payable by such private persons or
firms to the individual fire -rescue representative. The monies received hereunder by the city shall be
placed in the general fund except that $2.40 of each fee collected shall be placed in the city self-
insurance and insurance trust fund.
(c) The city expressly recognizes its ongoing responsibility to its employees by providing self-insurance
coverage, subject to the maximum amounts provided in F.S. § 768.28, for tort liability and worker's
compensation claims arising out of and in the course and scope of assigned off-duty fire -rescue
personnel performing fire safety duties during the period of such assignment. Nothing contained herein
shall be deemed to limit the tort liability or subrogation rights of parties for or on behalf of whom off-
duty fire -rescue services are rendered or upon whose property these services are performed.
Furthermore, nothing contained herein shall be deemed as a waiver by the city of any defense or
denial of coverage permitted by law. Liability for all civil actions and judgments (excluding individual
punitive damages) arising out of claims resulting from the performance of duties unrelated to fire safety
during the period of such assigned off-duty fire -rescue services, shall be borne by the party requesting
such off-duty fire -rescue services. The party for or on whose behalf such duties unrelated to fire safety
have been rendered shall hold the city, its officers, agents and employees harmless for any and all
claims, demands, actions, causes of action, suits, damages, losses and expenses, judgments, and
attorney's fees and costs expended in defense of same.
(d) Parties receiving off-duty fire -rescue services shall not offer, nor shall off-duty fire -rescue personnel
accept, any compensation for such off-duty fire -rescue services or other services above that specified
by the director of the department of fire -rescue.
(Ord. No. 10824, § 2, 1-10-91; Ord. No. 11007, § 1, 10-8-92; Code 1980, § 19-9; Ord. No.
13108, § 4,10-8-09)
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