05/16/2007 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
July 13, 2007
TO:
Acting Fire Chief James Callahan
Fire-Rescue Department
ATTN:
FROM:
Darice Hayes
Fire-Rescue
Pamela G. Hanc~
Deputy Clerk 'CY
At the May 16, 2007, Board of County Commissioner's meeting the Board granted
approval and authorized execution of an Agreement for Professional Services between Board of
Governors, Fire and Ambulance District 1 of Monroe County, Florida and Emergency Training
Solutions, Ilnc. (ETSI) to provide on-line Emergency Medical Technical and Paramedic
continuing ,education courses via the Internet at a yearly cost of approximately $2,340.00.
Agreement will be in effect from May 16,2007 through May 15,2009.
Enclosed is a duplicate original of the above-mentioned for your handling. Should you
have any qwestions please do not hesitate to contact this office.
cc: County Attorney
Finance
Filel/
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement for Professional Services ("Agreement"), effective on Mav 16. 2007,
is by and between Board of Governors of Fire and Ambulance District 1 of Monroe County, Florida,
(hereinafter rlferred to as "County"), and Emergency Training Solutions, Inc., a Florida for profit
corporation, with its principal office at 4171 West Hillsboro Boulevard, Coconut Creek, Florida
33073 (hereinafter the "Company").
WHEREAS, County desires to hire Company to perform certain work hereinafter
described in a,::cordance with the provisions of this Agreement; and
WHEREAS, County finds that such performance will be in furtherance of County's
business.
NOW, THEREFORE, in consideration of the mutual covenants set forth herein and
intending to b.e legally bound, the parties hereto agree as follows:
1. SERVICES AND TERM.
1.1 Services to County. In return for the Payment defined below, Company will deliver
online Emerglmcy Medical Technical and Paramedic continuing education courses delivered via the
internet. County will supply a list of approved employees to Company ("Users"). County reserves
the right to amend the list from time to time, in order to add or delete names of Users. For each
User on the list, Company will provide a user name and password in order to allow the User to
access a set of online training programs. Once logged in, the User can select from the set of online
training programs. The courses included in the set of online training programs may vary from time to
time, but each of the online training programs, and the complete set cumulatively, will meet all
criteria required for continuing education requirements for Emergency Medical Technicians and
Paramedics in the State of Florida, including but not limited to the annual hourly continuing
education requirements or specific courses to be include in the annual continuing education.
Company will keep track of all programs undertaken and successfully completed by Users, and will
deliver this information to County on the first of each month during the term of this Agreement,
unless otherwi:se agreed to mutually by the Parties to this Agreement. All programs will be delivered
in software compatible and usable on County's computer system.
1.2 Term. This Agreement shall begin on the date first written above and continue for a
period of two (2) years. Additionally, County may exercise an option to renew this Agreement for
two (2) additional one-year periods, contingent upon approval and with written consent of the
County and subject to the availability of funds, by giving Company written notice of the intention to
exercise said option within thirty (30) days prior to expiration of the current Agreement.
2. PAYMENT AND INVOICING TERMS.
2.1 Payment for Services. The Company will be paid as follows:
The cost for a one (1) year subscription (base subscription) for EMS continuing education is thirty-
nine ($39.00) dollars per person, per year. Each add-on continuing education product (fire, haz-mat
or other complete course) is ten ($10.00) dollars per person, per year. County will determine which
add-on subscription to select but will begin with a base subscription in order to select an add-on.
Payment can be quarterly, bi-annually or annually.
2.2 Invoicing.
(a) Invoices will be submitted and paid in accordance with the Florida Local
Government Prompt Payment Act, ch. 218, Florida Statutes. The payment due date for purchase of
goods or services is forty-five (45) days after the date on which a proper invoice is received, as
defined in section 218.73, Florida Statutes. Company shall submit to County invoices with
supporting documentation acceptable to the Clerk of the County, on a monthly schedule in arrears, in
detail sufficient for proper pre-audit and post-audit. Acceptability to the Clerk is based on generally
accepted govl~rnmental accounting principles and such laws, rules, procedures, and regulations as
may govern the Clerk's authority for disbursal of funds.
(b) All payments due from County and not made within the time specified in this
section bear illterest beginning thirty (30) days after the due date on the unpaid balance. Payments
by County will thereafter be applied first to accrued interest and then to the principal unpaid balance.
In an action to recover amounts due, the court shall award court costs and reasonable attorneys'
fees to the prevailing party. If payment of invoices is not current, the Company may suspend
performing further work.
(c) County's performance and obligation to pay under this Agreement is contingent
upon annual appropriation by the Board of Governors, Fire and Ambulance District 1 of Monroe
County, Florida.
3. CHANGES.
County may, with the approval of the Company, issue written directions within the general
scope of any Services to be ordered. Such changes (the "Change Order") may be for additional
work or the Company may be directed to change the direction of the work covered by the Task
Order, but no change will be allowed unless agreed to by the Company in writing.
4. STANDARD OF CARE.
The Company warrants that its services shall perform as represented above and that its
services shall be performed by personnel possessing competency consistent with applicable industry
standards. No other representation, express or implied, and no warranty or guarantee are included
or intended in this Agreement, or in any report, opinion, deliverable, work product, document or
otherwise. THIS SECTION SETS FORTH THE ONLY WARRANTIES PROVIDED BY THE
COMPANY CONCERNING THE SERVICES AND RELATED WORK PRODUCT. TillS
WARRANTY IS MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF
MERCHANT ABILITY, NON-INFRINGEMENT, TITLE OR OTHERWISE.
5. LIABILITY.
5.1 Limitation. The Company's liability, including but not limited to County's claims of
contributions :and indemnification related to third party claims arising out of services rendered by the
Company, and for any losses, injury or damages to persons or properties or work performed arising
out of or in connection with this Agreement and for any other claim, shall be limited to payment
received by the Company from County for the particular service provided giving rise to the claim.
Notwithstanding anything to the contrary in this Agreement, the Company shall not be liable for any
special, indirect, consequential, lost profits, or punitive damages. County agrees to limit the
Company's liability to County and any other third party for any damage on account of any error,
omission or negligence to a sum not to exceed the payment received by the Company for the
particular service provided giving rise to the claim. The limitation of liability set forth herein is for
any and all matters for which the Company may otherwise have liability arising out of or in
connection with this Agreement, whether the claim arises in contract, tort, statute, or otherwise.
5.2 Remedv. County's exclusive remedy for any claim arising out of or relating to this
Agreement will be for the Company, upon receipt of written notice, either (i) to use commercially
reasonable efforts to cure, at its expense, the matter that gave rise to the claim for which the
Company is at fault, or (ii) return to County the fees paid by County to the Company for the
particular service provided that gives rise to the claim, subject to the limitation contained in Section
5.1. County agrees that it will not allege that this remedy fails its essential purpose.
5.3 Survival. Articles 2, 4, 5, and 6 survive the expiration or termination of this
Agreement for any reason.
6. MISCELLANEOUS.
6.1 Insecurity and Adequate Assurances. If reasonable grounds for insecurity arise with
respect to County's ability to pay for the Services in a timely fashion, the Company may demand in
writing adequate assurances of County's ability to meet its payment obligations under this
Agreement. Unless County provides the assurances in a reasonable time and manner acceptable to
the Company, in addition to any other rights and remedies available, County may partially or totally
suspend its performance while awaiting assurances, without liability to County.
6.2 Severability. If any term, covenant, condition or provision of this Agreement (or the
application thereof to any circumstance or person) shall be declared invalid or unenforceable to any
extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and
provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant,
condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent
permitted by law unless the enforcement of the remaining terms, covenants, conditions and
provisions of this Agreement would prevent the accomplishment of the original intent of this
Agreement. The County and Company agree to reform the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the stricken provision.
6.3 Modification and Waiver. Waiver of breach of this Agreement by either part shall not
be considered a waiver of any other subsequent breach.
6.4 Independent Companv. The Company is an independent contractor of County.
6.5 Notices. All notices or other communications hereunder shall be in writing, sent by
courier or the fastest possible means, provided that recipient receives a manually signed copy and the
transmission method is scheduled to deliver within 48 hours, and shall be deemed given when
delivered to the address specified below or such other address as may be specified in a written notice
in accordance with this Section.
If to ComDany:
If to County:
With a copy to:
Emergency Training Solutions, Inc.
4171 West HiIlsboro Boulevard
Coconut Creek, Florida 33073
Board of Governors, Fire and Ambulance District 1 of Monroe Co., FL
c/o Monroe County Fire Rescue
490 63rd Street
Marathon, FL 33050
Suzanne A. Hutton, Esq.
Monroe County Attorney
P.O. Box 1026
Key West, FL 33041-1026
Any party may, by notice given in accordance with this Section to the other parties, designate
another address or person or entity for receipt of notices hereunder.
6.6 Assignment. The Agreement is not assignable or transferable by County. This
Agreement is not assignable or transferable by the Company without the written consent of County,
which consent shall not be unreasonably withheld or delayed.
6.7 Disputes. The Company and County recognize that disputes arising under this
Agreement ar,e best resolved at the working level by the parties directly involved. Both parties are
encouraged to be imaginative in designing mechanism and procedures to resolve disputes at this
level. Such e:tforts shall include the referral of any remaining issues in dispute to higher authority
within each participating party's organization for resolution. Failing resolution of conflicts at the
organizational level, the Company and County agree that any remaining conflicts arising out of or
relating to thii. Contract shall be submitted to nonbinding mediation unless the Company and County
mutually agree otherwise. If the dispute is not resolved through non-binding mediation, then the
parties may take other appropriate action subject to the other terms of this Agreement.
6.8 Section Headings. Title and headings of sections of this Agreement are for
convenience of reference only and shall not affect the construction of any provision of this
Agreement.
6.9 Representations: Counterparts. Each person executing this Agreement on behalf of a
party hereto represents and warrants that such person is duly and validly authorized to do so on
behalf of such party, with fuIl right and authority to execute this Agreement and to bind such party
with respect to all of its obligations hereunder. This Agreement may be executed (by original or
telecopy signature) in counterparts, each of which shall be deemed an original, but all of which taken
together shall constitute but one and the same instrument.
6.10 Residuals. Nothing in this Agreement or elsewhere wiIl prohibit or limit the
Company's ownership and use of ideas, concepts, know-how, methods, models, data, techniques,
skill knowledge and experience that were used, developed or gained in connection with this
Agreement. The Company and County shall each have the right to use all data coIlected or
generated und,er this Agreement.
6.11 Nonsolicitation of EmDloyees. During and for one (1) year after the term of this
Agreement, County wiIl not solicit the employment of, or employ the Company's personnel, without
the Company's prior written consent.
6.12 Cooperation. County will cooperate with the Company in taking actions and
executing documents, as appropriate, to achieve the objectives of this Agreement. County agrees
that the Company's performance is dependent on County's timely and effective cooperation with the
Company. A(;cordingly, County acknowledges that any delay by County may result in the Company
being released from an obligation or scheduled deadline or in County having to pay extra fees for the
Company's agreement to meet a specific obligation or deadline despite the delay.
6.13 Governing Law and Construction. This Agreement will be governed by and
construed in accordance with the laws of Florida, without regard to the principles of conflicts of law.
The language: of this Agreement shall be deemed to be the result of negotiation among the parties
and their respective counsel and shall not be construed strictly for or against any party. Each party
(i) agrees that any action arising out of or in connection with this Agreement shaI1 be brought solely
in courts of the State of Florida, in Monroe County; (ii) hereby consents to the jurisdiction of the
courts of the State of Florida, Monroe County, and (iii) agrees that, whenever a party is requested to
execute one or more documents evidencing such consent, it shall do so immediately.
6.14 Entire Agreement: Survival. This Agreement, including any Exhibits, states the entire
Agreement between the parties and supersedes all previous contracts, proposals, oral or written, and
all other communications between the parties respecting the subject matter hereof, and supersedes
any and all prior understandings, representations, warranties, agreements or contracts (whether oral
or written) between County and the Company respecting the subject matter hereof This Agreement
may only be amended by an agreement in writing executed by the parties hereto.
6.15 Force Maieure. The Company shall not be responsible for delays or failures
(including any delay by the Company to make progress in the prosecution of any Services) if such
delay arises out of causes beyond its control. Such causes may include, but are not restricted to, acts
of God or of Ithe public enemy, fires, floods, epidemics, riots, quarantine restrictions, strikes, freight
embargoes, earthquakes, electrical outages, and severe weather.
6.16 Use By Third Parties. Work performed by the Company pursuant to this Agreement
is only for the purpose intended and may be misleading ifused in another context. County agrees not
to use any do,:;uments produced under this Agreement for anything other than the intended purpose
without the Company's written permission. This Agreement shall, therefore, not create any rights or
benefits to parties other than to County and the Company.
6.17 Acceptance of Conditions by Company. Company has, and shall maintain
throughout th'e term of this Agreement, appropriate licenses. Proof of such licenses and approvals
shall be submitted to the County upon request.
6.18 Financial Records of Company. Company shaI1 maintain all books, records, and
documents directly pertinent to performance under this Agreement in accordance with generally
accepted accounting principles consistently applied. Each party to this Agreement or their
authorized representatives shall have reasonable and timely access to such records of each other
party to this Agreement for public records purposes during the term of the Agreement and for four
years following the termination of this Agreement. If an auditor employed by the County or Clerk
determines that monies paid to Company pursuant to this Agreement were spent for purposes not
authorized by this Agreement, the Company shall repay the monies together with interest calculated
pursuant to Sec. 55.03, FS, running from the date the monies were paid to Company.
6.19 Public Access. The County and Company shall allow and permit reasonable access
to, and inspection of, all documents, papers, letters or other materials in its possession or under its
control subje<:t to the provisions of Chapter 119, Florida Statutes, and made or received by the
County and Company in conjunction with this Agreement; and the County shall have the right to
unilaterally c3Jncel this Agreement upon violation of this provision by Company.
6.20 Hold Harmless and Insurance. Company covenants and agrees to indemnifY and hold
harmless Monroe County Board of County Commissioners from any and all claims for bodily injury
(including d~lth), personal injury, and property damage (including property owned by Monroe
County) and !Uly other losses, damages, and expenses (including attorney's fees) which arise out of,
in connection with, or by reason of services provided by Company oCC3JSioned by the negligence,
errors, or oth~:r wrongful 3JCt of omission of Company, its employees, or agents.
The eKtent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement. Failure of Company to comply with the
requirements ofthis section shall be CaJUse for immediate termination of this agreement.
Prior to execution of this agreement, Company shall furnish the County Certificates of
Insurance indi,cating the minimum coverage limitations in the following amounts, :
General Liability - $300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 Per Person
$300,000 Per Occurrence
$ 50,000 Property Damage
Vehide Liability - $100,000 Combined Single Limit (CSL)
$50,000 Per Person
$100,000 Per Occurrence
$25,000 Property Damage
Worker's Compensation - $100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Dise3JSe, each employee
The Monroe County Board of County Commissioners shall be named 3JS Additional Insured on all
policies issued to satisfY the above requirements.
CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be
provided to the County at the tinne of execution of this Agreement and certified copies provided if
requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30)
calendar days" written notice shall be provided to the County before any policy or coverage is
canceled or re:stricted. The underwriter of such insurance shall be qualified to do business in the
State of Florida. If requested by the County Administmtor, the insurance coverage shall be primary
insurance with respect to the County, its officials, employees, agents and volunteers.
6.20 Non-Waiver of Immunitv. Notwithstanding the provisions of Sec. 286.28, Florida
Statutes, the participation of County and Company in this Agreement and the acquisition of any
commercial liiability insurance coverage, self-insurance coverage, or local government liability
insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage,
nor shall any Agreement entered into by the County be required to contain any provision for waiver.
6.21 Independent Company. At all times and for all purposes under this agreement
Company is llJn independent contractor and not an employee of the BOllJrd of County Commissioners
of Monroe County. No statement contained in this agreement shall be construed so as to find
Company or aillY of his employees, subs, servants, or agents to be employees of the BOllJrd of County
Commissioners of Monroe County.
6.22 Nondiscrimination. Company and County agree that there will be no discrimination
against any p~'rson, and it is expressly understood that upon a deterrnilllation by a court of competent
jurisdiction that discrimination has occurred, this Agreement automatically terrnilllates without any
further action on the pm of any pllJfty, effective the date of the court order. Company and County
agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating
to nondiscrimination. These include but llJre not limited to: 1) Title VII of the Civil Rights Act of
1964 (pL 88-352), which prohibit discrimination in employment on the basis ofrace, color, religion,
sex, and national origin; 2) Title IX of the Education Amendment of 1972, as llJffiended (20 USC
~~ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of
the Rehabilitation Act of 1973, as llJffiended (20 USC ~ 794), which prohibits discrimination on the
basis of handicaps; 4) The Age Discrimination Act of 1975, as llJffiended (42 USC ~~ 6101-6107),
which prohibilts discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of
1972 (pL 92-255), as llJffiended, relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of
1970 (PL 91..616), as llJffiended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism; 7)1 The Public Health Service Act of 1912, ~~ 523 and 527 (42 USC ~~ 690dd-3 and
290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title
VIII of the Civil Rights Act of 1968 (42 USC ~~ 3601 et seq.), as llJffiended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act
of 1990 (42 USC ~~ 1201), as llJffiended from time to time, relating to nondiscrimination in
employment on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which
prohibits disclirnination on the basis of race, color, sex, religion, national origin, ancestry, sexual
orientation, g~'nder identity or expression, fllJfnilial status or age; and 11) any other nondiscrimination
provisions in any federal or state statutes which may apply to the parties to, or the subject matter of,
this Agreement.
6.23 No Assignment-Subcontract. Company shall not assign or subcontract its obligations
under this agreement to others, except in writing and with the prior written approval of the County,
which approv/~ shall be subject to such conditions and provisions as the BOllJrd may deem necessary.
This pllJragraph shall be incorporated by reference into any assignment or subcontract and any
assignee or suI> shall comply with all of the provisions of this agreement. Unless expressly provided
for therein, such approval shall in no manner or event be deemed to impose any additional obligation
upon the bOllJrd.
6.24 Compliance With Law and Licensing Requirements. In providing all services/goods
pursuant to this agreement, Company shall abide by all statutes, ordinances, rules and regulations
pertaining to, or regulating the provisions of, such services, including those now in effect and
hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute
a material bn:ach of this agreement and shall entitle the BOllJrd to terminate this Agreement.
Company shall possess proper licenses to perform work in accordance with these specifications
throughout tbe term of this Agreement.
6.25 Disclosure and Conflict of Interest. Company represents that it, its directors,
principles and employees, presently have no interest and shall acquire no interest, either direct or
indirect, which would conflict in any manner with the performance of services required by this
Agreement, as provided in Sect. 112.311, et. seq., Florida Statutes. County agrees that officers and
employees of the County recognize and will be required to comply with the standards of conduct for
public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not
limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized
compensation:, misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
Upon execution of this Agreement, and thereafter as changes may require, the Company shall notify
the County of any financial interest it may have in any and all programs in Monroe County which the
Company sponsors, endorses, recommends, supervises, or requires for counseling, assistance,
evaluation, or treatment. This provision shall apply wbether or not such program is required by
statute, as a condition of probation, or is provided on a voluntary basis.
County and Company warrant that, in respect to itself, it has neither employed nor retained any
Company or person, other than a bona fide employee working solely for it, to solicit or secure this
Agreement and that it has not paid or agreed to pay any person, Company, corporation, individual,
or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift,
or other consideration contingent upon or resulting from the award or making of this Agreement.
For the breach or violation of the provision, the Company agrees that the County shall have the right
to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or
otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration.
6.26 No Pledge of Credit. Company shall not pledge the County's credit or make it a
guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of
indebtedness. Company further warrants and represents that it has no obligation or indebtedness that
would impair its ability to fulfill the terms of this Agreement.
6.27 Taxes. County is exempt from payment of Florida State Sales and Use taxes.
Company shall not be exempted by virtue of the County's exemption from paying sales tax to its
suppliers for materials used to fulfill its obligations under this Agreement, nor is Company authorized
to use the County's Tax Exemption Number in securing such materials. Company shall be
responsible for any and all taxes, or payments of withholding, related to services rendered under this
agreement.
6.28 Termination. The County or Company may terminate this Agreement for cause with
seven (7) days notice to Company. Cause shall be defined as a breach of the obligations of either
party to perfOlm the obligations enumerated under this Agreement.
6.29 Mediation. The County and Company agree that, in the event of conflicting
interpretations of the terms or a term of this Agreement by or between any of them the issue shall be
submitted to mediation prior to the institution of any other administrative or legal proceeding.
Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance
with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit
court of Monroe County.
6.30 Cooperation. In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution, performance, or breach of this Agreement, County
and Company agree to participate, to the extent required by the other party, in aU proceedings,
hearings, prO(;esses, meetings, and other activities related to the substance of this Agreement or
provision of the services under this Agreement. County and Company specifically agree that no
party to this Agreement shall be required to enter into any arbitration proceedings related to this
Agreement.
6.31 Bindinll Effect. The terms, covenants, conditions, and provisions of this Agreement
shall bind and inure to the benefit of County and Company and their respective legal representatives,
successors, and assigns.
6.32 Authoritv. Each party represents and warrants to the other that the execution,
delivery and performance of this Agreement have been duly authorized by all necessary County and
corporate action, as required by law.
6.33 Claims for Federal or State Aid. Company and County agree that each shaH be, and
is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this
Agreement; pmvided that all applications, requests, grant proposals, and funding solicitations shall
be approved by each party prior to submission.
6.34 Privileges and Immunities. AU of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or employees of any
public agents or employees of the County, when performing their respective functions under this
Agreement within the territorial limits of the County shall apply to the same degree and extent to the
performance of such functions and duties of such officers, agents, volunteers, or employees outside
the territorial limits of the County.
6.35 Non-Reliance By Non-Parties. No person or entity shall be entitled to rely upon the
terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or
entitlement to or benefit of any service or program contemplated hereunder, and the County and the
Company agrt:e that neither the County nor the Company or any agent, officer, or employee of either
shall have the authority to inform, counsel, or otherwise indicate that any particular individual or
group of individuals, entity or entities, have entitlements or benefits under this Agreement separate
and apart, infi:rior to, or superior to the community in general or for the purposes contemplated in
this Agreement.
6.36 Attestations. Company agrees to execute such documents as the County may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-
Free Workplac:e Statement.
6.37 No Personal Liabilitv. No covenant or agreement contained herein shall be deemed to
be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or
her individual capacity, and no member, officer, agent or employee of Monroe County shaH be liable
personally on this Agreement or be subject to any personal liability or accountability by reason of the
execution of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year fi.rst above written.
Date: fl.. L'" . .. "7
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Witness
Witness
[SEAL]
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Deputy CreTk
EMERGENCY TRAINING SOLUTIONS, INe.
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BOARD OF GOVERNORS
FIRE AND AMBULANCE
OF MON E COUNTY,
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LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETIUCS CLAUSE
f"'-t")V'cl '-rr~;~';'5 S,IA:,.,". 1M. warrantsthathelithasnotemplayed,retained
ar otherwise had act an his/its behalf any furmer Caunty afficer ar emplayee in vialatian af
Section 2 afOrdinance No.. 10-1990 ar any Caunty afficer ar emplayee in vialatian af
Sectian 3 afOrdinance No.. 10-1990. Far breach ar vialation afthis provision the Caunty
may, in its discretian, terminate this contract withaut liability and may alSo., in its discretian,
deduct fram till: contract ar purchase price, ar otherwise recover, the full amaunt af any fee,
commissian, pe:rcentage, gift, ar consideratian paid to the farmer Caunty afficer ar emplayee.
tfl
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(signature)
Date: t(_ l r - 0 7
STATE OF ~fLoudA
COUNTY OF ~~
PERSONALLY APPEARED BEFORE ME, the undersigned autharity,
0~ ~M>( ~ tv
who., after first being swam by me, affixed his/her
signature (name af individual signing) in the space provided abave an this d 5 day af
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,2001.
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NOTARY PUBLIC
My commission expires:
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Notary Public State of Florida
Cheryl J Storm
My Commission DD641472
E,oires 02118/2011
CERTIFICATE OF INSURANCE
SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER WILL NOT BE CANCELED OR OTHERWISE
TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED BELOW, BUT IN NO
EVENT SHALL THIS CERTIFICATE BE VAUD MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE
DOES NOT CHANGE TIlE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW.
Thla certifiea that: 181 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of BIoomlnglon, Illinois. or
o STATE FARM FIRE AND CASUAL TV COMPANY 01 Bloomington, Illinois
has ~ in fon:e for the following Named Insured 88 shown below :
Named Insured Brocato, Chad & Cynthia
Adlhaa of Narned Insunod 6040 NW 96"' Dr
Parkland, FL 33076-1641
POUCY NUMBER
EFFECTIVE DATE OF
POLICY
DESCRIPTION OF
VEHICLE
LIABILITY COVERAGE
UMITS OF UABlLITY
a. Bodily I"ury
Each Pe<son
a. Bodily Injury
Eoch_
b. Property ~
c. BodIly I,,"ry &
~ Damage
Single Unit Each
Aa:idenl
PHYSICAL DAMAGE
COVERAGES
8. Carnprehenejye
b.~
EMPLOYER'S
NON-OWNERSHIP
COVERAGE
HIRED CAR COVERAGE
GOO 11411.D3O-8lIG
04I30III7.1113l11l17
2l1II1 FORD EXPEllITION
V1N11FIIFK17117LA38021
YES NO
NO
YES
NO
NO
YES
$100,000.00
$300,000.00
$!IO,OOO.OO
DYES
DyES
DNO
DNO
DNO
DYES
DYES
ONO
J
Agent
Tille
59-2782
Agent's Code Number
07JrJ2J2007
Date
Neme ,snd Address of Certificate Holder
Name and Address of Agent
I
I
Board of County Commissioner of Monroe
County
4960 63'" Sl
Marathon, FL 33040
I
I
MICHAEL F. BENNARDO INS. AGNCY. INC.
STATE FARM INSURANCE
9779 W SAMPLE RD
CORAL SPRINGS,FL. 33065
L ~ L ~
_._.ri~..:.__~7.SI. r.~s/I"/o7- /3occ (VIf .
Check Wa permanent Certlflcate of Insurance for liability coverage is'ne"';d: ~-----_._._-~----_.-
Check itlhe Cerllflcale Holder should be added as an Addi1ionallnsured: 181
Remarks:
0\~'..' '___ ,01l()" Wtl
-].,::) OJ.___ (. Lf'Llr,
1- I icl'f . )
C.c
h'''1 Gt-vl C L.-
CERTIFICATE OF INSURANCE
This certlfles that 181 STATE FARM FIRE AND CASUALTY COMPANY, Bloomingllln, illinois
o STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois
o STATE FARM FIRE AND CASUALTY COMPANY, Scarborough, Ontario
o STATE FARM FLORIDA INSURANCE COMPANY, Winter Haven, Florida
o STATE FARM LLOYDS, Dallas, Texas
insures the following pol,:yhofder for the 00V8f'lIg8S Indicated below:
Name of policyholder EMERGENCY TRAINING SOLUTIONS INC.
Add/888 ofpollcyh<.lder 4171 W HILLSBORO BLVD STE 12 COCONUT CREEK. FL 33073
Location of operatlc,ns Sl\IIE AS ABOVE <-
DescrIption of opemtIons INTERNET BASED CONTINUING EDUCATION
The policies Dated below have been Issued to the policyholder for the policy perloda shown. The Insurance described In these policies Is
8UtIject to all the terms exclusions, and conditions of those pollclea. The Ilmlla of Ilabllly shown may have been reduced by any paid clalmll.
POLICY PERIOD LIMITS OF LIABILITY
POLICY NUMBER TYPE OF INSURANCE Effective Date . expiration Date (at beginning of polley period)
ri:~'-' 4 -:::'5-- ,~;? Li Comprehensive ':':;,' :';:/2i)C,i "tc, :)? /;>''J08 BODILY INJURY AND
I
L'.'_"" ~:'5"02-1~J Business Liability I ~ _1('1 ~}/ i '~I." / -',::,.:)~< PROPERTY DAM~GF
"--- "" ~ -Pro(iucts '." CO~TJplBted Operations
This insurance includes:
~ Contractual liability
o Underground Hazard Coverage Each Occurrence $ .J I,:':}, U t~' ,~: .
o Personal Injury
o Advertising Injury General Aggregate $ 6ori, C
o Explosion Hazard Coverage
o COllapse Hazard Coverage Products - Completed $ .
0 Operations Aggregate
0
POLICY PERIOD BODILY INJURY AND PROPERTY DAMAGE
EXCESS LIABILITY Effective Date : expiration Oats (Combined Single Limit)
o Umbrella : Each Occurrence $
o Other : Aggregate $
Part 1 STATUTORY
Part 2 BODILY INJURY
Workers' Compensation
and Employers Liability Each Accident $
Disease Each Employee $
-- Disease - Policy Limit $
~----'_.
POLICY NUMBER POLICY PERIOD LIMITS OF LIABILITY
TYPE OF INSURANCE Effective Date : Expiration Oats (at beginning of polley period)
:
THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGA T1VEL Y
AMENDS EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN.
If any of the deaaibed polclea ara canceled befora
Ila e>cplrdo.' date, Slate Farm will by to mall a _n
notice to the "",On....", holder 30 days befora
cancellation. If however, we fall to mall such notice,
no OblIgatIon or liability will be Imposed on S_
Farm or Ila agenlll or rapreeentaUyes,
NIlfl"I8 and AddI8S8 of Certificate Holder
ADDITIONAL INSURED:
HONROE COUNTY BOARD OF COUNTY COMMISSIONERS
1100 SIMONTON ST
KEY WEST. FL 33040
SIgna1ure of AuIuIzed Rapr-.,"'I",
AGEN?
Tille
I Agent's Code Stamp
I AFO Code F613
-;,~. / r;:
Date
oae.884 8.3 04-1998 Prtrdad In U.SA
0\ s1t:..~....,..,
'. ....-: ":. -.,\'- '.'-.' .,.,'...,.,....' ,
'.~~5~QJ~"
. :(\ .,'
- --~._~.
i-',.....___"__
MONROE COUNTY, FLORIDA
Request For Waiver
of
Insurance Requirements
It is requested that the insurance requirements, as specified in the County's Schedule of Insurance
Requirements. be waived or modified on the following contract.
Contractor:
Emen!encv Trainin2: Solutions
Contract for:
On-line Emerllencv Medical Technical and Paramedic continuing: education
courses
via the internet. Item F2 - AODroved at the Mav 16. 2007 BOCC Meetino.
Address of Contractor:
4171 West HilIsboro Boulevard. Coconut Creek. FL. 33073
Phone:
954-270-7837
Scope of Work:
On-line Emerrrencv Medical Technical and Paramedic continuinQ: education
courses
via the internet.
Reason for Waiver:
Workers Comoensation Waiver-Less than 4 emolovees with comoanv.
Policies Waiver
Will Apply To:
Worker's Compensation
Signatw"e of Contractor:
Not Approved
Risk Malnagement
Date
~7~q -07
County Administrator appeal:
Approved:
Not Approved:
Date:
Board of County Commissioners appeal:
Approved:
Not Approved:
Meeting Date: