Item U8
AUG-14-03 17.08 FROM,MONROE COUNTY ATTY OFFICE 10.3052923516
PAGE
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BOARD OF COUN1Y COMMJSSJONERS
Agenda Itum Summary
Meeting Date
August 20, 2003
Division
County Attorney
AGENDA ITEM WORDING
Request approval of contract with Ocean Reef \/olunteer Firefighters.
ITEM BACKGROUND Bee approved fundJ ng the Ocean Reef Volunteer fire station
when they approved the infrastructure siles tax bond issue. The detail of the
contract is needed to aSSure that the fire station remains devoted to the public
purpose of firefighting lest the bonds lecome private activity bonds (i.e., the
interest becomes taxable).
PREVIOUS RELEVANT Bacc ACTION
CONTRACT/AGREEMENTCHANGES
STAFF RECOMMENDATIONS
TOTAL COST
BUDGETED Yes No
COST TO COUNTY
SOURCE OF FUNDS
APPROVED BY:
County Attorney _ OM~/Purchasing 0 Risk Management :::J
DIVISION DIRECTOR APPROVAQOLR ~ 06 IDE ~ 3-
JOHN R. COLUNS
DOCUMENTATION:
Included ::J
To Follow C
Not Required C
AGENDA ITEM #
Uf
1 AGREEMENT FOR CONSTRUCTION OF FIRE PROTECTION AND
2 EMERGENCY MEDICAL AND EMERGENCY RESCUE SERVICES
3 FACILITY. AND FOR PROVIDING FIRE PROTECTION. EMERGENCY
4 MEDICAL. AND EMERGENCY RESCUE SERVICES
5
6
7 The Board of County Commissioners of Monroe County, Florida (the
8 "County"), and the Ocean Reef Volunteer Fire Department, Inc., a Florida
9 not-for-profit corporation (the "Fire Department") enter into this Agreement
10 upon the terms and conditions and for the purposes expressed in the
11 Agreement, and specifically agree as follows:
12
13 1. Recitations.
14
15 a. The County has the power, in accordance with Section 125.01(1)(d)
16 and (e), Florida Statutes, to provide fire protection, ambulance service, and
17 health and welfare programs within the County's jurisdictional limits.
I8
19 b. The County also has the power, in accordance with Section
20 125.01(q), Florida Statutes, to establish a Municipal Service Taxing Unit
21 ("MSTU") for the provision of fire protection, and the board of county
22 commissioners shall be the governing bOdy of the MSTU pursuant to Section
23 125.01(2), Florida Statutes.
24
25 c. The County has the authority to accept the service of volunteers
26 consistent with the provisions of Sections 125.9501 through 125.9506,
27 Florida Statutes, and the services of volunteer firefighters are essential to
28 the health, safety, and welfare of the residents of and visitors to Monroe
29 County.
30
31 d. The Florida Legislature, as specified in Section 401.104, Florida
32 Statutes, has declared its' intent that emergency medical services are
33 essential to the health and well-being of all citizens and that private and
34 public expenditures for adequate emergency medical services represent a
35 constructive investment in the future of the State of Florida.
36
37 e. The Florida Legislature has also recognized, as stated in Section
38 401.211, Florida Statutes, that the systematic provision of emergency
39 medical services saves lives and reduces disability associated with illness
40 and injury, and the public health, safety, and welfare are enhanced through
41 the establishment of minimum standards for emergency medical services
42 personnel.
43
1 f. The Ocean Reef Volunteer Fire Department, Inc., ("Fire
2 Department") is a Florida not-for-profit corporation having its principal office
3 at 100 Anchor Drive, Key Largo, FL 33037. The Fire Department is a
4 "SOl(c)" corporation under the provisions of the United States Internal
5 Revenue Code.
6
7 g. If the Fire Department were not present to provide fire
8 protection and emergency medical and rescue services within the
9 geographical limits of the MSTU, the County would have to provide
10 continuing funding for paid county employees and build and maintain its own
11 facilities for the provision of such services.
12
13 h. The County desires to provide certain fire protection and
14 emergency medical and rescue services and facilities for the geographical
15 area of the MSTU and the Fire Department is willing to be responsible for
16 supplying the necessary personnel, training, and related activities to effect
17 the provision of fire protection and emergency medical and rescue services
18 within this area, and is further willing to allow the expansion and
19 construction of related facilities and capital improvements upon lands owned
20 by the Fire Department.
21
22 i. The County has issued Infrastructure Sales Surtax Revenue
23 Bonds, Series 2003, in the amount of $21,455,000. Of that amount, One
24 Million Eight Hundred Thousand Dollars ($1,800,000.00) was identified as
25 being for the construction of a facility to serve as the operations center for
26 fire protection and emergency medical and rescue services for the MSTU.
27
28 j. Florida courts and the Florida Attorney General have recognized
29 that a governmental entity, such as the County, may carry out a public
30 purpose through private, nonprofit corporations, and this method of
31 providing services to the public has been approved, provided that proper
32 safeguards and some degree of control are exercised and retained by the
33 governmental entity to assure accomplishment of the public purpose.
34
35 k. By approving this Agreement, the County endorses its finding
36 that the provision of fire protection and emergency medical and rescue
37 services through the Fire Department serves a paramount public purpose.
38
39 2. PurDose. The purpose of this Agreement is to define the respective
40 rights, responsibilities, duties, and requirements for the County and the Fire
41 Department relative to the provision of fire protection and, emergency
42 medical and rescue services for the residents of and visitors to the area of
43 Monroe County as delineated in Section l(h), above, to include the
44 construction of a facility for the provision of the services.
2
1
2 3. Definitions. As used in this Agreement, unless the context expressly
3 provides otherwise, the following terms shall have the meanings as set forth
4 below:
5
6 a. "Advanced life support" means treatment of life threatening
7 medical emergencies through the use of techniques such as endotracheal
8 intubation, the administration of drugs or intravenous fluids, telemetry,
9 cardiac monitoring, and cardiac defibrillation by a qualified person pursuant
10 to the rules of the Florida Department of Health.
11
12 b. "Advanced life support service" means any emergency medical
13 transport or nontransport service which uses advanced life support
14 techniques.
15
16 c. "Ambulance" means any privately or publicly owned land or
17 water vehicle that is designed, constructed, reconstructed, maintained,
18 equipped, or operated for, and is used for, or intended to be used for, land
19 or water transportation of sick or injured persons requiring or likely to
20 require medical attention during transport. The term also includes
21 "emergency medical services vehicle.'~
22
23 d. "Basic life support" means treatment of medical emergencies by
24 a qualified person through the use of techniques such as patient
25 assessment, cardiopulmonary resuscitation (CPR), splinting, obstetrical
26 assistance, bandaging, administration of oxygen, application of medical
27 antishock trousers, administration of a subcutaneous injection using a
28 premeasured autoinjector of epinephrine to a person suffering an
29 anaphylactic reaction, and other techniques described in the Emergency
30 Medical Technician Basic Training Course Curriculum of the United States
31 Department of Transportation. The term "basic life support" also includes
32 other techniques which have been approved and are performed under
33 conditions specified by rules of the Florida Department of Health.
34
35 e. "Basic life support service" means any emergency medical
36 service which uses only basic life support techniques.
37
38 f. "County" means Monroe County, and includes the Board of
39 County Commissioners, the County Fire Chief, the County Administrator, and
40 employees and agents of Monroe County.
41
42 g. "Emergency Medical Services" means the activities or services to
43 prevent or treat a sudden critical illness or injury and to provide emergency
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medical care and prehospital emergency medical transportation to sick,
injured, or otherwise incapacitated persons.
h. "Emergency medical services vehicle" means an ambulance.
i. "Emergency medical technician" means a person who is certified
by the Florida Department of Health to perform basic life support.
j. "Fire Department" means the Ocean Reef Volunteer Fire
Department, Inc.
k. "Firefighter" means any person employed by, or volunteering his
or her services to, Monroe County; or any person employed by, or
volunteering his or her services to the Fire Department; and whose primary
responsibility is the prevention and extinguishment of fires, the protection
and saving of life and property, and the enforcement of State and Monroe
County fire codes, as well as the enforcement of any law pertaining to the
control and prevention of fires. The term also includes "firefighter
employee" as defined in Section 633.802(3), Florida Statutes.
I. "Florida Firefighters Occupational Safety and Health Act" means
the provisions of Sections 633.801 through 633.821, Florida Statutes.
m. "Municipal Service Taxing Unit" shall mean the Municipal Service
Taxing District No. 7 established by Monroe County Ordinance 035-1991,
effective July 17, 1996, and codified at Chapter 2, Article V, Division 1,
Section 2-235, Monroe County Code.
n. "Mutual aid agreement" means a written agreement between
two or more entities whereby the signing parties agree to lend aid to one
another under conditions specified in the agreement and as sanctioned by
the County.
o. "Occasional-service volunteer" means a volunteer who offers to
provide a one-time or occasional voluntary service.
p. "Paramedic" means a person who is certified by the Florida
Department of Health to perform basic and advanced life support.
q. "Regular-service volunteer" means a volunteer engaged in
specific voluntary service on an ongoing or continual basis.
r. "Volunteer" means a person who, of his or her own free will,
provides goods or services to Monroe County government without receiving
4
1 monetary or material compensation. The recruitment and use of volunteers
2 will be generally pursuant to the provisions of Sections 125.9501 through
3 125.9506, Florida Statutes.
4
5 4. Duties, Obligations, Rights and Resoonsibilities of the Ocean Reef
6 Volunteer Fire Deoartment, Inc. ("Fire Deoartment") Concerning the
7 Facilitv.
8
9 a. The Fire Department owns real property having a street address
10 of 110 Anchor Drive, Key Largo, Florida (the "Property"). The Property is
11 suitable for construction of a facility upon it to be used as an operations
12 center for fire protection and emergency medical and rescue services (the
13 "Facility").
14
15 b. The Fire Department has entered into a construction agreement
16 for the building of the Facility upon the Property. The construction
17 agreement refers to architectural and engineering plans and specifications
18 for the Facility which the County has reviewed and found to be acceptable to
19 the County.
20
21 c. Within thirty (30) days after the effective date of this
22 Agreement, the Fire Department shall issue a Notice to Proceed to the
23 contractor named in the construction agreement calling for commencement
24 of construction of the Facility.
25
26 d. The Fire Department will be solely responsible for (1) overseeing
27 and supervising the construction of the Facility; (2) obtaining of any and all
28 required permits and permissions related to the construction and subsequent
29 acceptance and occupying of the Facility; (3) maintaining the Facility once it
30 has been accepted; and (4) for insuring that the Facility is used as the
31 operations center for fire protection and emergency medical and rescue
32 services during the term of this Agreement.
33
34 e. The Fire Department agrees that the sole financial obligation of
35 the County relating to the construction of the Facility is to reimburse the Fire
36 Department for proper and necessary expenditures paid by the Fire
37 Department in accordance with the construction contract and the schedule of
38 values contained therein. Such reimbursement by the County shall not
39 exceed the total sum of One Million Eight Hundred Thousand Dollars
40 ($1,800,000.00). The Fire Department agrees that any costs related to the
41 construction of the Facility in excess of the County's financial obligation shall
42 be the responsibility of, and shall be paid by, the Fire Department.
43
5
1 f. The Fire Department shall submit invoices and supporting
2 documentation for reimbursement to the County Engineer. Upon approval
3 by the County Engineer and submission of the approved invoice and
4 supporting documentation to the County Clerk, the Fire Department shall
5 receive payment for the invoiced amount within thirty (30) days of receipt
6 by the County Clerk. Applications for reimbursement shall be in accordance
7 with the requirements of Schedule 5, which is attached hereto and made a
8 part of this Agreement.
9
10 g. The Fire Department understands and agrees that this
11 Agreement does not create any duty or liability on behalf of the County to
12 pay any money to, or be obligated to, any third party, whether contractually,
13 in tort, or on any other legal or equitable basis.
14
15 h. The Fire Department agrees to and shall defend, hold harmless
16 and indemnify the County from and against any and all liability, claims,
17 judgments, charges, fines, costs, damages or expenses (including
18 reasonable attorney's fees, costs, and expenses at the administrative, trial,
19 and appellate levels) in regard to any damage to property or injury to
20 persons, including death, arising out of or related to any act or omission of
21 the Fire Department, its employees, ()fficers, or agents, and contractors (at
22 any level), laborers, and materialmen~ in connection with the construction of
23 the Facility.
24
25 i. The Fire Department agrees to and shall keep all records,
26 documents, files, and financial information (the "Records") pertaining to the
27 construction of the Facility in good order and readily available for reasonable
28 inspection by the County or its designated agents. The Records shall be
29 maintained for a period of four years following the date the Certificate of
30 Occupancy for the Facility is received by the Fire Department. All financial
31 records shall be kept in accordance with generally accepted accounting
32 principles and practices, consistently applied.
33
34 j. The Fire Department agrees that it will make the Records
35 referred to in Section 4(i) above available to any auditors or other personnel
36 designated by the State, County or the County Clerk. The Records shall be
37 available during the normal business hours and work days of the County,
38 and the Fire Department shall provide such knowledgeable personnel as may
39 be reasonably necessary to explain and interpret information from the
40 Records to the auditors.
41
42 k. The Fire Department agrees to and shall repay to the County any
43 and all sums reimbursed to the Fire Department by the County, plus
44 interest, relating to the construction of the Facility which have been
6
1 determined by the auditor or auditors to have been spent in violation of law
2 or not as authorized by this Agreement. All sums to be repaid shall bear
3 interest, calculated in accordance with Section 55.03, Florida Statutes, from
4 the date the money was reimbursed to the Fire Department until received by
5 the County.
6
7 I. The Fire Department agrees that all communications, whether
8 informal or formal, with the County relating to the construction of the Facility
9 shall be made through the County Engineer. Informal communications may
10 be made by telephone, by electronic mail, or in person.' Formal
11 communications shall be in writing and may be made by hand delivery, by
12 certified mail with return receipt requested, or by a nationally recognized
13 courier (e.g., Federal Express or UPS).
14
15 m. The Fire Department agrees that the life expectancy and
16 utilization of the Facility shall be twenty (20) years from the date the Facility
17 is accepted by the Fire Department. The Fire Department agrees to, and
18 shall, utilize the Facility for the purposes stated in this Agreement, and will
19 record in the public records of Monroe County, in a form approved by the
20 County, a restrictive covenant evidencing such use of the property. If for
21 any reason (other than natural disaster, an act of God, or events or
22 occurrences beyond the reasonable" control of the Fire Department) the
23 Facility ceases to be used for the purposes stated herein, or this Agreement
24 is terminated for a material breach by the Fire Department, the Fire
25 Department shall repay to the County an amount equal to the sum listed in
26 Schedule 1, which is attached hereto and made a part of this Agreement,
27 said repayment to be fully paid within thirty (30) days from the date the Fire
28 Department receives written demand for payment from the County.
29
30 n. During the term of this Agreement, the Fire Department shall
31 maintain insurance coverage upon the Facility in the form and amounts
32 listed in Schedule 2, which is attached hereto and made a part of this
33 Ag reement.
34
35 o. If at any time the Facility is destroyed or damaged to such an
36 extent that it cannot be used for its intended purpose, the Fire Department
37 shall replace the destroyed Facility with one that is equal to or greater than
38 the design and capacity of the destroyed Facility, or repair the Facility to a
39 condition equal to or better than the condition of the Facility immediately
40 prior to the damage. The Fire Department may use any insurance proceeds
41 and funds from other sources to pay for the costs of construction and
42 repairs, but in no event shall the County be compelled to prOVide funds to
43 help defray such costs.
44
7
1 5. Duties. Obliaations. Rights and ResDonsibilities of the Ocean Reef
2 Volunteer Fire DeDartment. Inc. ("Fire DeDartment") ConcerninG the
3 Provision of Services.
4
5 a. The Fire Department shall provide basic life support and basic
6 life support services, advanced life support and advanced life support
7 services, emergency medical services, emergency rescue services, and fire
8 protection services (collectively, the "Services") within the MSTU
9 geographical area. Personnel providing the services shall be employees,
10 unpaid volunteers, or a combination of employees and unpaid volunteers.
11
12 b. All Services provided by the Fire Department shall be by trained
13 and appropriately certified personnel in accordance with federal and Florida
14 law, and Monroe County Ordinances or Resolutions, including but not limited
15 to Sections 633.34, 633.35 and 633.38, Florida Statutes; Sections 401.27,
16 401.2715, 401.281, and 401.2915, Florida Statutes; and Monroe County Fire
17 Rescue Standard Operating Procedures, General Orders, Training and Safety
18 Bulletins, and other directives promulgated by Monroe County.
19
20 c. The Fire Department shall insure that personnel, vehicles, and
21 equipment necessary to provide the Services are available in accordance
22 with the minimum requirements listed in Schedule 3, which is attached
23 hereto and made a part of this Agreement.
24
25 d. The Fire Department shall obtain and maintain in full force and
26 effect all licenses, permits, certificates, approvals, and permissions that may
27 be required by Federal or Florida law, and Monroe County Ordinances or
28 Resolutions, relative to the Fire Department's authorization to provide the
29 Services referred to in this Agreement
30
31 e. The Fire Department shall comply with the requirements of the
32 Florida Firefighters Occupational Safety and Health Act as set forth in
33 Sections 633.801 through 633.821, Florida Statutes.
34
35 f. The Fire Department shall comply with the provIsions and
36 requirements of a Mutual Aid Agreement to which it is a signatory.
37
38 g. The Fire Department shall insure that all volunteers providing
39 services as contemplated by this Agreement maintain their status as
40 volunteers as required by Florida law in order to receive the benefits of the
41 Florida Workers Compensation Law, and the immunities provided under
42 Section 768.28, Florida Statutes.
43
8
1 h. The Fire Department agrees to and shall defend, hold harmless
2 and indemnify the County from and against any and all liability, claims,
3 judgments, charges, fines, costs, damages or expenses (including
4 reasonable attorney's fees, costs, and expenses at the administrative, trial,
5 and appellate levels) in regard to any damage to property or injury to
6 persons, including death, arising out of or related to any act or omission of
7 the Fire Department, its employees, officers, volunteers, or agents.
8
9 i. The Fire Department agrees to maintain in full force and effect
10 the insurance coverages listed in Schedule 4, which is attached and made a
11 part of this Agreement
12
13 6. Duties, Obliaations, Rights and ResDonsibilities of Monroe County
14 ("Countv").
15
16 a. To the extent permitted by law and subject to the provisions and
17 monetary limitations of Section 768.28, Florida Statutes, the County does
18 hereby agree to defend, indemnify and hold the Fire Department harmless
19 from and against any and all liability, claims, judgments, charges, fines,
20 costs, damages, or expenses (including reasonable attorneys' fees, costs,
21 and expenses at the administrative, ~rial and appellate levels) in regard to
22 any damage to property or injury to persons, including death, arising out of
23 or related to the acts or omissions of the County in connection with this
24 Ag reement.
25
26 b. The County Engineer shall review all invoices for reimbursements
27 related to the construction of the Facility and, provided the County Engineer
28 finds that the invoices are consistent with the construction contract schedule
29 of values and are in sufficient detail to permit satisfactory review, shall note
30 upon the face of the invoice the County Engineer's approval, whereupon the
31 invoice shall be forwarded to the Clerk of the County for payment.
32
33 c. In the event the County Engineer disputes an invoice, whether
34 as to amount, timing, detail, or other issue, the County Engineer shall notify
35 the Fire Department's representative and the two parties shall attempt to
36 resolve the dispute. If the dispute is not resolved, the Fire Department and
37 the County shall mediate the dispute in accordance with the rules and
38 procedures for mediation as is normal and customary for mediation in
39 litigation in the Circuit Court of the 16th Judicial Circuit. If the mediation is
40 not successful and the dispute resolved to the mutual satisfaction of the Fire
4l Department and the County, then and in that event either the Fire
42 Department or the County may seek such relief as may be legally available.
43
44 7. General Terms and Conditions.
9
1
2
Q...
Governina Law. Venue. Interpretation. Costs. and Fees.
'"
-'
4 1. This Agreement shall be governed by and construed in
5 accordance with the Laws of the State of Florida applicable to contracts
6 made and to be performed entirely in the State.
7
8 2. In the event that any cause of action or administrative
9 proceeding is instituted for the enforcement or interpretation of this
10 Agreement, the County and Fire Department agree that venue will lie
11 in the appropriate court or before the appropriate administrative body
12 in Monroe County, Florida.
13
14 3. The County and Fire Department agree that, in the event
15 of conflicting interpretations of the terms or a term of this Agreement
16 by or between any of them, the issue shall be submitted to mediation
17 prior to the institution of any other administrative or legal proceeding.
18
19 4. The County and Fire Department agree that in the event
20 any cause of action or administrative proceeding is initiated or
21 defended by any party relative to the enforcement or interpretation of
22 this Agreement, the prevailing' party shall be entitled to reasonable
23 attorneys' fees, court costs, investigative, and out-of-pocket expenses,
24 as an award against the non-prevailing party. Mediation proceedings
25 initiated and conducted pursuant to this Agreement shall be in
26 accordance with the Florida Rules of Civil Procedure and usual and
27 customary procedures required by the circuit court of Monroe County.
28
29
30 ~ Binding Effect. The terms, covenants, conditions, and proviSions
31 of this Agreement shall bind and inure to the benefit of the County ORCA,
32 and Fire Department and their respective legal representatives, successors,
33 and assigns.
34
35 c. Severability. If any term, covenant, condition or provIsion of
36 this Agreement (or the application thereof to any circumstance or person)
37 shall be declared invalid or unenforceable to any extent by a court of
38 competent jurisdiction, the remaining terms, covenants, conditions and
39 provisions of this Agreement shall not be affected thereby; and each
40 remaining term, covenant, condition and provision of this Agreement shall
41 be valid and shall be enforceable to the fullest extent permitted by law
42 unless the enforcement of the remaining terms, covenants, conditions and
43 provisions of this Agreement would prevent the accomplishment of the
44 original intent of this Agreement.
10
1
2 d... Authority. Each party represents and warrants to the other that
3 the execution, delivery and performance of this Agreement have been duly
4 authorized by all necessary County and corporate action, as required by law.
5
6 e. Duration of Agreement. This Agreement shall commence upon
7 the execution of this Agreement, subsequent to execution by the Fire
8 Department and by the County and shall remain in effect for a period of
9 twenty (20) years (the "Term"), except as may be sooner terminated in
10 accordance with the provisions of this Agreement.
11
12 f. Acceotance of Gifts, Grants, Assistance Funds, or Beauests. The
13 County and Fire Department agree that each shall be, and is, empowered to
14 accept for the benefit of any or all of them, gifts, grants, assistance funds, or
15 bequests to be used for fire protection, emergency medical, and emergency
16 rescue services and related activities.
17
18 9..:. Claims for Federal or State Aid. The County and Fire
19 Department agree that each shall be, and is, empowered to apply for, seek,
20 and obtain federal and state funds to further the purpose of this Agreement;
21 provided that all applications, req~ests, grant proposals, and funding
22 solicitations shall be approved by each party prior to submission.
23
24 ~ Adiudication of Disputes or Disagreements. The County and Fire
25 Department agree that all disputes and disagreements shall be attempted to
26 be resolved by meet and confer sessions between representatives of each of
27 the parties. If no resolution can be agreed upon within thirty (30) days after
28 the first meet and confer session, the issue or issues shall be discussed at a
29 public meeting of the Board of County Commissioners. If the issue or issues
30 are still not resolved to the satisfaction of the parties, then any party shall
31 have the right to seek such relief or remedy as may be provided by this
32 Agreement or by Florida law.
33
34 1. Nondiscrimination. The County and Fire Department agree that
35 there will be no discrimination against any person, and it is expressly
36 understood that upon a determination by a court of competent jurisdiction
37 that discrimination has occurred, this Agreement automatically terminates
38 without any further action on the part of any party, effective the date of the
39 court order. The County and Fire Department agree to comply with all
40 Federal and Florida statutes, and all local ordinances, as applicable, relating
41 to nondiscrimination. These include but are not limited to: (1) Title VI of the
42 Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the
43 basis of race, color or national origin; (2) Section 504 of the Rehabilitation
44 Act of 1973, as amended (20 U.S.c. s. 794), which prohibits discrimination
11
1 on the basis of handicap; (3) The Age Discrimination Act of 1975, as
2 amended (42 U.S.c. ss. 6101-6107), which prohibits discrimination on the
3 basis of age; (4) The Drug Abuse Office And Treatment Act of 1972 (P.L. 92-
4 255), as amended, relating to nondiscrimination on the basis of drug abuse;
5 (5) The Comprehensive Alcohol Abuse And Alcoholism Prevention, Treatment
6 and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to
7 nondiscrimination on the basis of alcohol abuse or alcoholism; (6) The Public
8 Health Service Act of 1912, ss. 523 and 527, (42 U.S.C. 290 dd-3 and 290
9 ee-3), as amended, relating to confidentiality of alcohol and drug abuse
10 patient records; (7) The Americans With Disabilities Act of 1990 (42 U.S.c.
11 s. 1201 Note), as may be amended from time to time, relating to
12 nondiscrimination on the basis of disability; (8) The Florida Civil Rights Act of
13 1992, (Chapter 760, Florida Statutes, and Section 509.092, Florida
14 Statutes), as may be amended from time to time, relating to
15 nondiscrimination; (9) The Monroe County Human Rights Ordinance
16 (Chapter 13, Article VI, Sections 13-101 through 13-130), as may be
17 amended from time to time, relating to nondiscrimination; and (10) any
18 other nondiscrimination provisions in any federal or state statutes or local
19 ordinances which may apply to the parties to, or the subject matter of, this
20 Ag reement.
21
22
23 1. Cooperation. In the event any administrative or legal
24 proceeding is instituted against either party relating to the formation,
25 execution, performance, or breach of this Agreement, the County and Fire
26 Department agree to participate, to the extent required by the other party,
27 in all proceedings, hearings, processes, meetings, and other activities
28 related to the substance of this Agreement or provision of the services under
29 this Agreement. The County and Fire Department specifically agree that no
30 party to this Agreement shall be required to enter into any arbitration
31 proceedings related to this Agreement or any Attachment or Addendum to
32 this Agreement.
33
34 k.. Books, Records. and Documents. The County and Fire
35 Department shall maintain books, records, and documents directly pertinent
36 to performance under this Agreement in accordance with generally accepted
37 accounting principles consistently applied. Each party to this Agreement or
38 their authorized representatives shall have reasonable and timely access to
39 such records of each other party to this Agreement for audit purposes during
40 the term of the Agreement and for four years following the termination of
41 this Agreement.
42
43 L. Covenant of No Interest. The County and Fire Department
44 covenant that neither presently has any interest, and shall not acquire any
12
1 interest, which would conflict in any manner or degree with its performance
2 under this Agreement, and that only interest of each is to perform and
3 receive benefits as recited in this Agreement.
4
5 m. Code of Ethics. The County and Fire Department agree that the
6 respective officers and employees of each recognize and will be required to
7 comply with the standards of conduct relating to public officers and
8 employees as delineated in Section 112.313, Florida Statutes, regarding, but
9 not limited to, solicitation or acceptance of gifts; doing business with one's
10 agency; unauthorized compensation; misuse of public position, conflicting
11 employment or contractual relationship; and disclosure or use of certain
12 information.
- 13
14 ~ No Solicitation/Payment. The County and Fire Department
15 warrant that, in respect to itself, it has neither employed nor retained any
16 company or person, other than a bona fide employee working solely for it, to
17 solicit or secure this Agreement and that it has not paid or agreed to pay
18 any person, company, corporation, individual, or firm, other than a bona fide
19 employee working solely for it, any fee, commission, percentage, gift, or
20 other consideration contingent upon or resulting from the award or making
21 of this Agreement. For the breach or violation of this provision, the Fire
22 Department agrees that the County shall have the right to terminate this
23 Agreement without liability and, at its discretion, to offset from monies
24 owed, or otherwise recover, the full amount of such fee, commission,
25 percentage, gift, or consideration.
26
27 !h Public Access. The County and Fire Department shall allow and
28 permit reasonable access to, and inspection of, all documents, papers,
29 letters, or other materials subject to the provisions of Chapter 119, Florida
30 Statutes, and made or received by the County and Fire Department in
31 conjunction with this Agreement; and the County shall have the right to
32 unilaterally cancel this Agreement upon violation of this provision by the Fire
33 Department.
34
35 !h Non-Waiver of Immunity. Notwithstanding the provisions of Sec.
36 286.28, Florida Statutes, the participation of the County and Fire
37 Department in this Agreement and the acquisition of any commercial liability
38 insurance coverage, self-insurance coverage, or local government liability
39 insurance pool coverage shall not be deemed a waiver of immunity to the
40 extent of liability coverage, nor shall any contract entered into by the County
41 be required to contain any provision for waiver.
42
43 !L. Privileges and Immunities. All of the privileges and immunities
44 from liability; exemptions from laws, ordinances, and rules; and pensions
13
1 and relief, disability, workers' compensation, and other benefits which apply
2 to the activity of officers, agents, volunteers, or employees of the County,
3 when performing their respective functions under this Agreement within the
4 territorial limits of the County shall apply to the same degree and extent to
5 the performance of such functions and duties of such officers, agents,
6 volunteers, or employees outside the territorial limits of the County.
7
8 L. Legal Obligations and Responsibilities: Non-Delegation of
9 Constitutional or Statutory Duties. This Agreement is not intended to, nor
10 shall it be construed as, relieving any participating entity from any obligation
11 or responsibility imposed upon the entity by law except to the extent of
12 actual and timely performance thereof by any other participating entity, in
13 which case the performance may be offered in satisfaction of the obligation
14 or responsibility. Further, this Agreement is not intended to, nor shall it be
15 construed as, authorizing the delegation of the constitutional or statutory
16 duties of the County, except to the extent permitted by the Florida
17 constitution, state statutes, case law, and, specifically, the provisions of
18 Chapters 125 and 163, Florida Statutes.
19
20 ~ Non-Reliance Jrt Non-Parties. No person or entity shall be
21 entitled to rely upon the terms, or any of them, of this Agreement to enforce
22 or attempt to enforce any third-partY claim or entitlement to or benefit of
23 any service or program contemplated hereunder, and the County and Fire
24 Department agree that neither the County nor Fire Department or any
25 agent, officer, or employee 'of each shall have the authority to inform,
26 counsel, or otnerwise indicate that any particular individual or group of
27 individuals, entity or entities, have entitlements or benefits under this
28 Agreement separate and apart, inferior to, or superior to the community in
29 general or for the purposes contemplated in this Agreement.
30
31 t.. Attestations. The Fire Department agrees to execute such
32 documents as the County may reasonably require, to include a Public Entity
33 Crime Statement, an Ethics statement, and a Drug-Free Workplace
34 Statement.
35
36 !h No Personal Liability. No covenant or agreement contained
37 herein shall be deemed to be a covenant or agreement of any member,
38 officer, agent or employee of Monroe County in his or her individual capacity,
39 and no member, officer, agent or employee of Monroe County shall be liable
40 personally on this Agreement or be subject to any personal liability or
41 accountability by reason of the execution of this Agreement.
42
43 y. Execution in Counterparts. This Agreement may be executed in
44 any number of counterparts, each of which shall be regarded as an original,
14
1
2
3
4
5
6
7
8
9
10
11
12
-13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
all of which taken together shall constitute one and the same instrument arid
any of the parties hereto may execute this Agreement by signing any such
counterpart.
w. Section Headings. Section headings have been inserted in this
Agreement as a matter of convenience of reference only, and it is agreed
that such section headings are not a part of this Agreement and will not be
used in the interpretation of any provision of this Agreement.
8. Attachments and Schedules.
Atch A. Construction Agreement
Sch. 1 Repayment Proration Schedule
Sch. 2 Facility Insurance Schedule
Sch. 3 Operational Response, Vehicle, and Equipment Schedule
Sch. 4 General Insurance Schedule
Sch. 5 Application for Payment Procedures
IN WITNESS WHEREOF, the Fire Department and the County has
caused this Agreement to be executed by its duly authorized representative.
(Seal)
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Attest:
DANNY L. KOLHAGE, CLERK
By:
Mayor/Chairman
Date:
Deputy Clerk
(Seal)
OCEAN REEF VOLUNTEER
FIRE DEPARTMENT, INC.
By:
Attest:
Secreta ry
President
Date:
15
1
Schedule 1: Repayment Proration Schedule
('fo
gG
Ce:-fJ~-yZ1l ((:-1) )
1
2
3
4
5
6
Schedule 2: Facility Insurance Schedule
(See Combined Insurance Requirements in Schedule 4)
Schedule 3: Operational Response; Vehicle,
2 And Equipment Schedule
3
4 A. Genera'. The Fire Department shall respond to emergencies in MSTU 7
5 ("District 7") as reported to the Ocean Reef Public Safety Answering Point,
6 and shall respond to emergencies in MSTU 6 ("District 6'') and MSTU 7 as
7 directed by the Monroe County Fire Dispatcher (referred to by radio as
8 "Central"). This Schedule details the minimal requirements and maximum
9 response times to be followed in initially responding to various incidents.
10 This Schedule is not intended to be all inclusive, and the actual allocation of
11 Fire Department resources to a particular incident should be based upon the
12 incident's circumstances, including its magnitude, location, and initial
13 information received concerning the incident. Additionally, this Schedule
14 contains a listing of the minimal vehicular resources to be in service and
15 maintained by the Fire Department, as well as a listing of equipment
16 resources provided to the Fire Department by the County on a loan basis.
17
18 2. ODerational ResDonse Protocol. The following response parameters
19 are based upon normal response conditions. Incidents in which the response
20 times, minimal number of firefighters responding, or minimum apparatus
21 responding are not met shall be doc.umented and reported to the Monroe
22 County Fire Chief. '
23
24 A. Structure Fires: A minimum of four (4) firefighters responding
25 with apparatus OR being on scene within two (2) minutes of the on-scene
26 arrival of the apparatus; minimal apparatus of one (1) Class A pumper, with
27 usual and customary equipment; and a maximum on-scene response time
28 for apparatus to be within ten (10) minutes from time of dispatch within five
29 (5) miles from the Fire Station.
30
31 B. Outside Fires Which Threaten Life Or Structures. A minimum
32 of four (4) firefighters responding with apparatus OR being on scene within
33 two (2) minutes of the on-scene arrival of the apparatus; minimal apparatus
34 of one (1) Class A pumper, with usual and customary equipment; and a
35 maximum on-scene response time for apparatus to be within ten (10)
36 minutes from time of dispatch within five (5) miles from the Fire Station.
37
38 C. Heavv Rescue/Extrication. A minimum of four (4) firefighters,
39 all of whom are trained in extrication procedures, responding with apparatus
40 OR being on scene within two (2) minutes of the on-scene arrival of the
41 apparatus; one apparatus appropriately equipped For the type, of incident;
42 and a maximum on-scene response time for apparatus to be within ten (10)
43 minutes from time of dispatch within five (5) miles from the Fire Station.
44
1 D. Liaht Rescue/Medical/Advanced Life SUDDort. A minimum of
2 two (2) firefighters, with at least EMT certification by the State of Florida and
3 Paramedic certification by the State of Florida, responding with apparatus or
4 privately owned vehicle (POV), and a maximum on-scene response time to
5 be within ten (10) minutes from time of dispatch within five (5) miles from
6 the Fire Station.
7
8 E. Hazardous Materials Emeraencies. A minimum of four (4)
9 personnel, all of whom are trained in at least awareness-level hazardous
10 materials response procedures, with apparatus or POV appropriately
II equipped for the type of incident, and a maximum on-scene response time
12 to be within ten (10) minutes from time of dispatch within five (5) miles
~ 13 from the Fire Station.
14
15 F. Mutual Aid ResDonses. Personnel and apparatus to respond as
16 requested, up to capability and capacity, having consideration for adequate
17 coverage of MSTU area. If response requirement is not specified, then a
18 minimum of four (4) firefighters and one "Class A" pumper or tanker shall
19 respond.
20
21 G. Other Emeraencies. For emergencies not involving immediate
22 peril to life or structures, a minimum of two (2) trained personnel or a
23 greater number if the situation warrants, based upon the incident, with one
24 apparatus or POV best equipped for the incident type, and a maximum on-
25 scene response time to be within ten (10) minutes from time of dispatch
26 within five (5) miles from the Fire Station.
27
28 H. Non-Emeraencies. A minimum of one (1) or two (2) firefighters,
29 depending upon the incident, with one apparatus or POV best equipped for
30 the incident type, and a maximum on-scene response time of twenty (20)
31 minutes within five (5) miles from the Fire Station.
1
2
3
Schedule 4: General Insurance Schedule
Ocean Reef Firehouse Proiect
Insurance Requirements
There will be two sets of insurance requirements for this contract. The fIrst will address requirements
during the construction ofthe facility and the second will address ongoing operations upon completion.
During Construction
The contractor awarded the contract for this project will need to provide the following:
Workers Compensation - Statutory limits
Employers Liability- $1,000,000/$1,000,000/$1,000,000
See attachment labeled WC3 for details
General Liability - $500,000 per Person; $1,000,000 per Occurrence
$100,000 Property Damage
or
$1,000,000 Combined Single Limit
See attachment labeled GL3 for details
Vehide Liability - $500,000 per Person; $1,000,000 per Occurrence
$100,000 Property Damage
or
$1,000,000 Combined Single Limit
See attachment labeled VL3 for details
Builders Risk - Limits to be no less than the value of the completed project
See attachment labeled BRl for details
Post Construction Operations
Workers Compensation - statutory limits
Employers Liability - $100,000/$500,000/$100,000
See attachment labeled WCl for details
General Liability - $100,000 per Person; $300,000 per Occurrence
$50,000 Property Damage
or
$300,000 Combined Single Limit
See attachment labeled GL 1 for details
Vehicle Liability - $100,000 per Person; $300,000 per Occurrence
$50,000 Property Damage
or
$300,000 Combined Single Limit
See attachment labeled VL2 for details
.
(Post construction continued)
Medical Professional Liability - $500,000/$1,000,000
See attachment labeled MED2 for details
All Risk Property -limits no less than replacement cost value of building
At a minimum coverage should include Fire, Smoke, Sprinkler Leakage, Windstorm, Lightning,
Vandalism, Sinkhole Collapse, Failing Objects, Explosion, Aircraft & Vehicle Damage, Flood, Civil
Commotion.
All insurance policies, with the exception of Workers Compensation, Builders Risk, and All Risk
Property should name Monroe County Board of County Commissioners as Certificate Holder and
additional insured.
1996 Edition
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$1,000,000 Bodily Injury by Accident
$1,000,000 Bodily Injury by Disease, policy limits
$1,000,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-
insurer, the County shall recognize and honor the Contractor's status. The Contractor may be
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
of Insurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate ofInsurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
we3
Administration Instruction
#4709.3
89
1996 Edition
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum:
. Premises Operations
. Products and Completed Operations
· Blanket Contractual Liability
. Personal Injury Liability
· Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$ 1,000,000 per Occurrence
$ 100,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfY the above requirements.
GL3
Administration Instruction
#4709.3
55
1996 Edition
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor,
prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be
maintained throughout the life of the contract and include, as a minimum, liability coverage for:
· Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$1,000,000 per Occurrence
$ 100,000 Property Damage
The Monroe County Board of County Conunissioners shall be named as Additional Insured on all
policies issued to satisfY the above requirements.
VL3
Administration Instruction
114709.3
82
1996 Edition
BUILDER'S RISK
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
The Contractor shall be required to purchase and maintain, throughout the life of the contract,
and until the project is accepted by the County, Builder's Risk Insurance on an All Risk of Loss
form. Coverage shall include:
Theft
Windstorm
Hail
Explosion
Riot
Civil Commotion
Aircraft
Vehicles
Smoke
Fire
Collapse
Flood
The policy limits shall be no less than the amount of the finished project and coverage shall be
provided on a completed value basis.
Property located on the construction premises, which is intended to become a permanent part of
the building, shall be included as property covered.
The policy shall be endorsed permitting the County to occupy the building prior to completion
without effecting the coverage.
The Monroe County Board of County Commissioners shall be named as Additional Insured and
Loss Payee.
BRl
Administration Instruction
#4709.3
42
1996 Edition
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-
insurer, the County shall recognize and honor the Contractor's status. The Contractor may be
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
oflnsurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate oflnsurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
wet
Administration Instruction
#4709.3
87
1996 Edition
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum:
· Premises Operations
· Products and Completed Operations
· Blanket Contractual Liability
· Personal Injury Liability
· Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$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
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfY the above requirements.
GLl
Administration Instruction
#4709.3
53
1996 Edition
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor,
prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be
maintained throughout the life of the contract and include, as a minimum, liability coverage for:
· Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$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
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfY the above requirements.
VL2
Administration Instruction
#4709.3
81
1996 Edition
MEDICAL PROFESSIONAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract involves the providing of professional
medical treatment, the Contractor shall purchase and maintain, throughout the life of the contract,
Professional Liability Insurance which will respond to the rendering of, or failure to render
medical professional services under this contract.
The minimum limits of liability shall be:
$500,000 per Occurrence/$l,OOO,OOO Aggregate
Ifcoverage is provided on a claims made basis, an extended claims reporting period offour (4)
years will be required.
MED2
Administration Instruction
#4709.3
67
Schedule 5: Application for Payment Procedures
SECTION 01027
APPLICATION FOR PAYMENT
1.1 SUMMARY
A. This section provides procedures for preparation and submittal of Applications for Payment.
1.2 FORMAT
A. The Application and Certificate for Payment including the Worksheet is the required format
for submitting invoices. A copy of these forms are included in this section. Also, the
Contractor's Affidavit of Payment of Debits And Claims form used for final payment is
included. The Owner reserves the right to modify the format to better suit his internal
accounting system.
1.3 PREPARATION OF APPLICATIONS
A. The Contractor is required to adhere to the following procedure for filling-out the Application
for Payment form.
1. Present required information in typewritten form.
2. List Contractor's schedule of values on the Application for Payment form identifying
the progress, retention, and payment amounts for each item as indicated on the form.
3. List each authorized Change Order on the form, including change order number, date,
change in dollar amount, and change in time amount, etc. as required.
4. Execute certification by notarized signature of authorized officer.
5. Attach to the Application for Payment, a completed and properly executed Affidavit
and Partial Release of Lien form also contained in this section.
1.4 SUBMITTAL PROCEDURES
A. Initial Payment Application:
The following documentation must be submitted prior to processing the initial payment
application:
I. Approved schedule of values
2. Approved construction schedule
3. Approved submittal schedule
B. The initial Application for Payment will not be processed until the Contractor's construction
schedule, the schedule of values, and the initial submittal schedule have been received,
reviewed and approved by the Owner's Representative.
08/04/03
APPLICATION FOR PAYMENT
01027-1
C. Submit an updated construction and submittal schedule and a partial release of lien with each
Application for Payment.
D. Payment Period: Submit once per month, during the last week of the month. Payment will be
made by the Owner approximately 30 days after receipt of completed documentation.
E. Submit one (1) copy of each Application for Payment.
1.5 SUBSTANTIATING DATA
A. When the Owner's Representative requires substantiating information, submit data justifying
dollar amounts in question.
B. Provide one copy of data with cover letter for each copy of submittal. Indicate Application
number and date, and line item by number and description.
1.6 FINAL PAY REQUEST
A. When the work has been completed, the Contractor shall; submit a final application for
payment, execute a Final Release of Lien and Contractor's Affidavit of Release of Liens,
Separate Releases or Waivers of Liens from Subcontractors and material and equipment
suppliers, submit Consent of Surety to Final Payment form and submit the Contractor's
Affidavit of Payment of Debts And Claims form as contained in this Section.
B. These documents will be furnished to the Owner on a form similar to those supplied.
08/04/03
APPLICA TION FOR PAYMENT
01027-2
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01027-3
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08/04/03
01027-4
APPLICA nON FOR PAYMENT
MONROE COUNTY
AFFIDAVIT AND PARTIAL RELEASE OF LIEN
APPLICATION NO.:
PERIOD ENDING DATE:
APPLICATION DATE:
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, for and in consideration of the payment of the sum
$ . to be paid to the undersigned, hereby releases, acquits, satisfies and forever discharges,
MONROE COUNTY, OWNER, their successors and assigns from all suits, causes of action, liens, lien rights, claims or
demands of any kind whatsoever, to the extent of the payment to date on account of the furnishing of labor, material or
services for the improvement of the following described property:
As part of this PARTIAL RELEASE. THAT UNDERSIGNED HEREBY CERTIFIES the following:
THAT the contract of the undersigned, as adjusted by all increases and decreases, is in the amount of $ .
as of the date of the Partial Release and the undersigned has received $ as payment on the adjusted
contract amount as of the date of this Partial Release.
THAT all supplies of labor, material or services furnished to, or for the benefit of the undersigned for improvement to the
subject property have been paid in full. Any and all suppliers oflabor, material or services for improvement to the
subject property, who have not been paid in full are listed below with the amount owing each, claimed by each and the
reason for non-payment: (If none, write "NONE")
CLAIMANT AMOUNT DUE
AMOUNT CLAIMED
REASON FOR NONPAYMENT
rnA T all taxes imposed by all government agencies have been paid and discharged.
rnA T all funds have been collected for FICA and withholding taxes have been properly deposited with appropriate
agencies or paid to the government as required by law. "
THAT the undersigned has no other claims for money against the OWNER other than those Subcontractors'/Suppliers'
amounts remaining due and owing on the adjusted contract balance as reflected above.
THAT the undersigned further certifies that if there is a Guarantee, Warranty or Maintenance Agreement in connection
with the labor and material furnished by it, that this payment and PARTIAL RELEASE shall not release the undersigned
from any obligations under such Guarantee, Warranty, or Maintenance Agreement.
WIlNESS MY HAND rnls
day of
,20
Witness
Name of Company
Signature, Title
Witness
08/04/03
APPLICA nON FOR PAYMENT
01027-5
MONROE COUNTY
FINAL RELEASE OF LIEN
KNOW ALL MEN BY THESE PRESENTS, that
for and consideration of the sum of
Dollars ($
)
paid to
by Monroe County, Florida receipt of which is hereby acknowledged, do(es) hereby release and quit claim
to Monroe County, Florida, the Owner, its successors or assigns, all liens, lien rights, claims or demands of
any kind whatsoever which
has (have) or might have against the property, building, and/or improvements, on account of labor
performed, material furnished, and/or for any incidental expense for the construction of:
thereon or in otherwise improving said property situated as above described.
IN WITNESS WHEREOF THIS
day of
,20
Witness
Name of Company
Witness
Signature, Title
Notary Public
My commission expires:
08/04/03
APPLICATION FOR PAYMENT
01027-6
CONTRACTOR'S AFFIDAVIT OF
RELEASE OF LIENS
TO OWNER:
rN- """ adtIra.)
CONTRACI' FOR:
CONTRACT DATED:
PROJECI':
rN- """ adtIra.)
State of
County of
The undersigned hereby certifies that to the best of the undersigned's knowledge, information and belief, except as listed
below, the Releases or Waivers of Lien attached hereto include the Contractor, all Subcontractors, all suppliers of
materials and equipment, and all performers of Work, labor or services who have or may have liens or encumbrances or
the right to assert liens or encumbrances against any property of the Owner arising in any manner out of the performance
of the Contract referenced above.
EXCEPTIONS:
SUPPORTING DOCUMENTS ATIACHED
HERETO:
CONTRACTOR:
rN_e"""addreu)
I. Contractor's Release or Waiver of Liens,
conditional upon receipt of final payment.
By:
(Signature of authorized representative)
2. Separate Releases or Waivers of Liens from
Subcontractors and material and equipment
suppliers, to the extent required by the Owner,
accompanied by a list thereof.
(Printed Name and Title)
Subscribed and sworn to before me this
date:
Notary Public:
(SEAL)
My Commission Expires:
08/04/03
APPLICA nON FOR PAYMENT
01027-7
CONSENT OF SURETY COMPANY
TO FINAL PAYMENT
PROJECT:
(Address)
TO: (Owner)
CONTRACTOR:
In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above,
the (here insert name and address of Surety Company)
. SURETY COMPANY, on bond of
(here insert name and address of Contractor)
CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the
Contractor shall not relieve the Surety Company of any of its obligation to
(here insert name and address of Owner)
OWNER., as set forth in the said Surety Company's bond.
IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this
20
day of
Surety Company
Signature of Authorized Representative
Title
12/16/02
APPLlCA nON FOR PAYMENT
01027 -8
CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS
TO OWNER:
(Name and address)
CONTRACT FOR:
CONTRACT DATE:
PROJECT:
(Name and address)
State of:
County of:
The undersigned, pursuant to Article 9 of the General Conditions of the Contract for Construction, hereby certifies that, except as listed
below, he has paid in full or has otherwise satisfied all obligations for all materials and equipment furnished, for all work, labor, and
services performed, and for all known indebtedness and claims against the Contractor for damages arising in any manner in connection
with the performance of the Contract referenced above for which the Owner or his property might in any way be held responsible.
EXCEPTIONS: (If none, write "None". If required by the Owner, the Contractor shall furnish bond satisfactory to the Owner for each
exception).
SUPPORTING DOCUMENTS A IT ACHED HERETO:
CONTRACTOR:
I.
Consent of Surety to Final Payment. Whenever
Surety is involved. Consent of Surety is required.
AlA DOCUMENT G707, CONSENT OF
SURETY, may be used for this purpose. Indicate
attachment: yes ( ) no ( )
Address:
The following supporting documents should be attached
hereto:
I. Contractor's Release or Waiver of Liens,
conditional upon receipt of final payment.
By:
2.
Separate Releases or Waivers of Liens from
Subcontractors and material and equipment
suppliers, to the extent required by the Owner,
accompanied by a list thereof.
Subscribed and sworn to before me this
day of ,20_.
Notary Public:
3. Contractor's Affidavit or Release of Liens.
My Commission Expires:
12/16/02
APPLICA nON FOR PAYMENT
01027-9
CERTIFICATE OF SUBSTANTIAL COMPLETION
PROJECT:
(Name and address)
CONTRACT FOR:
CONTRACT DATE:
TO OWNER:
(Name and address)
TO CONTRACTOR:
(Name and address)
DATE OF ISSUANCE:
PROJECT OR DESIGNATED PORTION SHALL INCLUDE:
The Work performed under this Contract has been reviewed and found, to the Architect's best knowledge, information
and belief, to be substantially complete. Substantial Completion is the stage in the progress of the Work when the Work
or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can
occupy or utilize the Work for its intended use. The date of Substantial Completion of the Project or portion thereof
designated above is hereby established as
which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated
below:
A list of items to be completed or corrected is attached hereto. The failure to include any items on such list does not
alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents.
ARCHlTECf
BY
DATE
The Contractor will complete or correct the Work on the list of items attached hereto within the above date of
Substantial Completion.
BY
DATE
CONTRAcroR
The Owner accepts the Work or designated portion thereof as substantially complete and will assume full possession
thereofat (time), on
(date).
BY
OWNER
DATE
The responsibilities of the Owner and the Contractor for security, maintenance, heat, utilities, damage to the Work and
insurance shall be
as follows:
Note - Owners and Contractors legal and insurance counsel should determine and review insurance requirements and coverage.
12/16/02
APPLICA nON FOR PAYMENT
01027-10
.,...~."""....,-~.,:;;"iI<~~"
END OF SECTION 01027
12/16/02
01027-11
APPLICATION FOR PAYMENT
1 AGREEMENT FOR CONSTRUCTION OF FIRE PROTECTION AND
2 EMERGENCY MEDICAL AND EMERGENCY RESCgE SIiiRVI~ES
3 FACILITY. AND FOR PROVIDING FIRE PROTECTI_N. EMER_ENCY
4 MEDICAL. AND EMERGENCY RESCUE SERVICES
5
6
7 The Board of County Commissioners of Monroe County, Florida (the
8 "County"), and the Ocean Reef Volunteer Fire Department, Inc., a Florida
9 not-for-profit corporation (the "Fire Department") enter into this Agreement
10 upon the terms and conditions and for the purposes expressed in the
11 Agreement, and specifically agree as follows:
12
13 1. Recitations.
14
15 a. The County has the power, in accordance with Section 125.01(1)(d)
16 and (e), Florida Statutes, to provide fire protection, ambulance service, and
17 health and welfare programs within the County's jurisdictional limits.
18
19 b. The County also has the power, in accordance with Section
20 125.01(q), Florida Statutes, to establish a Municipal Service Taxing Unit
21 ("MSTU") for the provision of fire protection, and the board of county
22 commissioners shall be the governing body of the MSTU pursuant to Section
23 125.01(2), Florida Statutes.
24
25 c. The County has the authority to accept the service of volunteers
26 consistent with the provisions of Sections 125.9501 through 125.9506,
27 Florida Statutes, and the services of volunteer firefighters are essential to
28 the health, safety, and welfare of the residents of and visitors to Monroe
29 County.
30
31 d. The Florida Legislature, as specified in Section 401.104, Florida
32 Statutes, has declared its' intent that emergency medical services are
33 essential to the health and well-being of all citizens and that private and
34 public expenditures for adequate emergency medical services represent a
35 constructive investment in the future of the State of Florida.
36
37 e. The Florida Legislature has also recognized, as stated in Section
38 401.211, Florida Statutes, that the systematic provision of emergency
39 medical services saves lives and reduces disability associated with illness
40 and injury, and the public health, safety, and welfare are enhanced through
41 the establishment of minimum standards for emergency medical services
42 personnel.
43
U!
1 f. The Ocean Reef Volunteer Fire Department, Inc., ("Fire
2 Department") is a Florida not-for-profit corporation having its principal office
3 at 100 Anchor Drive, Key Largo, FL 33037. The Fire Department is a
4 "501(c)" corporation under the provisions of the United States Internal
5 Revenue Code.
6
7 g. If the Fire Department were not present to provide fire
8 protection and emergency medical and rescue services within the
9 geographical limits of the MSTU, the County would have to provide
10 continuing funding for paid county employees and build and maintain its own
11 facilities for the provision of such services.
12
13 h. The County desires to provide certain fire protection and
14 emergency medical and rescue services and facilities for the geographical
15 area of the MSTU and the Fire Department is willing to be responsible for
16 supplying the necessary personnel, training, and related activities to effect
17 the provision of fire protection and emergency medical and rescue services
18 within this area, and is further willing to allow the expansion and
19 construction of related facilities and capital improvements upon lands owned
20 by the Fire Department.
21
22 i. The County has issued Infrastructure Sales Surtax Revenue
23 Bonds, Series 2003, in the amount of $21,455,000. Of that amount, One
24 Million Eight Hundred Fifty Thousand Dollars ($1,850,000.00) was identified
25 as being for the construction of a facility to serve as the operations center
26 for fire protection and emergency medical and rescue services for the MSTU.
27
28 j. Florida courts and the Florida Attorney General have recognized
29 that a governmental entity, such as the County, may carry out a public
30 purpose through private, nonprofit corporations, and this method of
31 providing services to the public has been approved, provided that proper
32 safeguards and some degree of control are exercised and retained by the
33 governmental entity to assure accomplishment of the public purpose.
34
35 k. By approving this Agreement, the County endorses its finding
36 that the provision of fire protection and emergency medical and rescue
37 services through the Fire Department serves a paramount public purpose.
38
39 2. PurDose. The purpose of this Agreement is to define the respective
40 rights, responsibilities, duties, and requirements for the County and the Fire
41 Department relative to the provision of fire protection and emergency
42 medical and rescue services for the residents of and visitors to the area of
43 Monroe County as delineated in Section l(h), above, to include the
44 construction of a facility for the provision of the services.
2
1
2 3. Definitions. As used in this Agreement, unless the context expressly
3 provides otherwise, the following terms shall have the meanings as set forth
4 below:
5
6 a. "Advanced life support" means treatment of life threatening
7 medical emergencies through the use of techniques such as endotracheal
8 intubation, the administration of drugs or intravenous fluids, telemetry,
9 cardiac monitoring, and cardiac defibrillation by a qualified person pursuant
10 to the rules of the Florida Department of Health.
11
12 b. "Advanced life support service" means any emergency medical
13 transport or nontransport service which uses advanced life support
14 techniques.
15
16 c. "Ambulance" means any privately or publicly owned land or
17 water vehicle that is designed, constructed, reconstructed, maintained,
18 equipped, or operated for, and is used for, or intended to be used for, land
19 or water transportation of sick or injured persons requiring or likely to
20 require medical attention during transport. The term also includes
21 "emergency medical services vehicle."
22
23 d. "Basic life support" means treatment of medical emergencies by
24 a qualified person through the use of techniques such as patient
25 assessment, cardiopulmonary resuscitation (CPR), splinting, obstetrical
26 assistance, bandaging, administration of oxygen, application of medical
27 antishock trousers, administration of a subcutaneous injection using a
28 premeasured autoinjector of epinephrine to a person suffering an
29 anaphylactic reaction, and other techniques described in the Emergency
30 Medical Technician Basic Training Course Curriculum of the United States
31 Department of Transportation. The term "basic life support" also includes
32 other techniques which have been approved and are performed under
33 conditions specified by rules of the Florida Department of Health.
34
35 e. "Basic life support service" means any emergency medical
36 service which uses only basic life support techniques.
37
38 f. "County" means Monroe County, and includes the Board of
39 County Commissioners, the County Fire Chief, the County Administrator, and
40 employees and agents of Monroe County.
41
42 g. "Emergency Medical Services" means the activities or services to
43 prevent or treat a sudden critical illness or injury and to provide emergency
3
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medical care and prehospital emergency medical transportation to sick,
injured, or otherwise incapacitated persons.
h. "Emergency medical services vehicle" means an ambulance.
i. "Emergency medical technician" means a person who is certified
by the Florida Department of Health to perform basic life support.
j. "Fire Department" means the Ocean Reef Volunteer Fire
Department, Inc.
k. "Firefighter" means any person employed by, or volunteering his
or her services to, Monroe County; or any person employed by, or
volunteering his or her services to the Fire Department; and whose primary
responsibility is the prevention and extinguishment of fires, the protection
and saving of life and property. The term also includes "firefighter employee"
as defined in Section 633.802(3), Florida Statutes.
I. "Florida Firefighters Occupational Safety and Health Act" means
the provisions of Sections 633.801 through 633.821, Florida Statutes.
m. "Municipal Service Taxing Unit" shall mean the Municipal Service
Taxing District No. 7 established by Monroe County Ordinance 035-1991,
effective July 17, 1996, and codified at Chapter 2, Article V, Division 1,
Section 2-235, Monroe County Code, as may be amended from time to time.
n. "Mutual aid agreement" means a written agreement between
two or more entities whereby the signing parties agree to lend aid to one
another under conditions specified in the agreement and as sanctioned by
the County.
o. "Occasional-service volunteer" means a volunteer who offers to
provide a one-time or occasional voluntary service.
p. "Paramedic" means a person who is certified by the Florida
Department of Health to perform basic and advanced life support.
q. "Regular-service volunteer" means a volunteer engaged in
specific voluntary service on an ongoing or continual basis.
r. "Volunteer" means a person who, of his or her own free will,
provides goods or services to Monroe County government, through and with
the approval of the Ocean Reef Volunteer Fire Department, Inc., without
receiving monetary or material compensation from Monroe County. The
4
1 recruitment and use of volunteers will be generally pursuant to the
2 provisions of Sections 125.9501 through 125.9506, Florida Statutes.
3
4 4. Duties, Obligations, Rights and ResDonsibilities of the Ocean Reef
5 Volunteer Fire DeDartment, Inc. ("Fire DeDartment") Concerning the
6 Facility.
7
8 a. The Fire Department owns real property having a street address
9 of 110 Anchor Drive, Key Largo, Florida (the "Property"). The Property is
10 suitable for construction of a facility upon it to be used as, and the property
11 will be used primarily as, an operations center for fire protection and
12 emergency medical and rescue services (the "Facility"), with additional
13 public safety-related services operations on an as-needed basis.
14
15 b. The Fire Department has entered into a construction agreement
16 for the building of the Facility upon the Property. The construction
17 agreement refers to architectural and engineering plans and specifications
18 for the Facility which the County has reviewed and found to be acceptable to
19 the County.
20
21 c. Within thirty (30) days after the effective date of this
22 Agreement, the Fire Department shall confirm that the contractor named in
23 the construction agreement has commenced construction of the Facility.
24
25 d. The Fire Department will be solely responsible for (1) overseeing
26 and supervising the construction of the Facility; (2) obtaining of any and all
27 required permits and permissions related to the construction and subsequent
28 acceptance and occupying of the Facility; (3) maintaining the Facility once it
29 has been accepted; and (4) for insuring that the Facility is used as the
30 operations center for fire protection and emergency medical and rescue
31 services during the term of this Agreement.
32
33 e. The Fire Department agrees that the sole financial obligation of
34 the County relating to the construction of the Facility is to reimburse the Fire
35 Department for proper and necessary expenditures paid by the Fire
36 Department in accordance with the construction contract and the schedule of
37 values contained therein. Such reimbursement by the County shall not
38 exceed the total sum of One Million Eight Hundred Fifty Thousand Dollars
39 ($1,850,000.00). The Fire Department agrees that any costs related to the
40 construction of the Facility in excess of the County's financial obligation shall
41 be the responsibility of, and shall be paid by, the Fire Department.
42
43 f. The Fire Department shall submit invoices and supporting
44 documentation for reimbursement to the County Engineer. Upon approval
5
1 by the County Engineer and submission of the approved invoice and
2 supporting documentation to the County Clerk, the Fire Department shall
3 receive payment for the invoiced amount within thirty (30) days of receipt
4 by the County Clerk. Applications for reimbursement shall be in accordance
5 with the requirements of Schedule 5, which is attached hereto and made a
6 part of this Agreement.
7
8 g. The Fire Department understands and agrees that this
9 Agreement does not create any duty or liability on behalf of the County to
10 pay any money to, or be obligated to, any third party, whether contractually,
11 in tort, or on any other legal or equitable basis.
12
13 h. The Fire Department agrees to and shall defend, hold harmless
14 and indemnify the County from and against any and all liability, claims,
15 judgments, charges, fines, costs, damages or expenses (including
16 reasonable attorney's fees, costs, and expenses at the administrative, trial,
17 and appellate levels) in regard to any damage to property or injury to
18 persons, including death, arising out of or related to any act or omission of
19 the Fire Department, its employees, officers, or agents, and contractors (at
20 any level), laborers, and materialmen, in connection with the construction of
21 the Facility.
22
23 i. The Fire Department agrees to and shall keep all records,
24 documents, files, and financial information (the "Records") pertaining to the
25 construction of the FaCility in good order and readily available for reasonable
26 inspection by the County or its designated agents. The Records shall be
27 maintained for a period of four years following the date the Certificate of
28 Occupancy for the Facility is received by the Fire Department. All financial
29 records shall be kept in accordance with generally accepted accounting
30 principles and practices, consistently applied.
31
32 j. The Fire Department agrees that it will make the Records
33 referred to in Section 4(i) above available to any auditors or other personnel
34 designated by the State, County or the County Clerk. The Records shall be
35 available during the normal business hours and work days of the County,
36 and the Fire Department shall provide such knowledgeable personnel as may
37 be reasonably necessary to explain and interpret information from the
38 Records to the auditors.
39
40 k. The Fire Department agrees to and shall repay to the County any
41 and all sums reimbursed to the Fire Department by the County, plus
42 interest, relating to the construction of the Facility which have been
43 determined by the auditor or auditors to have been spent in violation of law
44 or not as authorized by this Agreement. All sums to be repaid shall bear
6
1 interest, calculated in accordance with Section 55.03, Florida Statutes, from
2 the date the money was reimbursed to the Fire Department until received by
3 the County.
4
5 I. The Fire Department agrees that all communications, whether
6 informal or formal, with the County relating to the construction of the Facility
7 shall be made through the County Engineer. Informal communications may
8 be made by telephone, by electronic mail, or in person. Formal
9 communications shall be in writing and may be made by hand delivery, by
10 certified mail with return receipt requested, or by a nationally recognized
11 courier (e.g., Federal Express or UPS).
12
13 m. The Fire Department agrees that the life expectancy and
14 utilization of the Facility shall be twenty (20) years from the date the Facility
15 is accepted by the Fire Department. The Fire Department agrees to, and
16 shall, utilize the Facility primarily for the purposes stated in this Agreement,
17 and will record in the public records of Monroe County, in a form approved
18 by the County, a restrictive covenant evidencing such use of the property. If
19 for any reason (other than natural disaster, an act of God, or events or
20 occurrences beyond the reasonable control of the Fire Department) the
21 Facility ceases to be primarily used for the purposes stated herein, or this
22 Agreement is terminated for a material breach by the Fire Department, the
23 Fire Department shall repay to the County an amount equal to the sum
24 listed in Schedule 1, which is attached hereto and made a part of this
25 Agreement, said repayment to be fully paid within thirty (30) days from the
26 date the Fire Department receives written demand for payment from the
27 County.
28
29 n. During the term of this Agreement, the Fire Department shall
30 maintain insurance coverage upon the Facility in the form and amounts
31 listed in Schedule 2, which is attached hereto and made a part of this
32 Agreement.
33
34 o. If at any time the Facility is destroyed or damaged to such an
35 extent that it cannot be used for its intended purpose, the Fire Department
36 shall replace the destroyed Facility with one that is equal to or greater than
37 the design and capacity of the destroyed Facility, or repair the Facility to a
38 condition equal to or better than the condition of the Facility immediately
39 prior to the damage. The Fire Department may use any insurance proceeds
40 and funds from other sources to pay for the costs of construction and
41 repairs, but in no event shall the County be compelled to provide funds to
42 help defray such costs. 43
7
1 5. Duties, ObliGations, RiGhts and ResDonsibilities of the Ocean Reef
2 Volunteer Fire DeDartment, Inc. ("Fire DeDartment") ConcerninG the
3 Provision of Services.
4
5 a. The Fire Department shall provide basic life support and basic
6 life support services, advanced life support and advanced life support
7 services, emergency medical services, emergency rescue services, and fire
8 protection services (collectively, the "Services") within the MSTU
9 geographical area. Personnel providing the services shall be employees,
10 unpaid volunteers, or a combination of employees and unpaid volunteers.
11
12 b. All Services provided by the Fire Department shall be by trained
13 and appropriately certified personnel in accordance with federal and Florida
14 law, and Monroe County Ordinances or Resolutions, including but not limited
15 to Sections 633.34, 633.38 and 633.820, Florida Statutes; Sections 401.27,
16 401.2715, 401.281, and 401.2915, Florida Statutes; and Monroe County Fire
17 Rescue Standard Operating Procedures, General Orders, Training and Safety
18 Bulletins, and other directives promulgated by Monroe County.
19
20 c. The Fire Department shall insure that personnel, vehicles, and
21 equipment necessary to provide the Services are available in accordance
22 with the minimum requirements listed in Schedule 3, which is attached
23 hereto and made a part of this Agreement, and which may be amended from
24 time to time by mutual agreement by and between the County and the Fire
25 Department.
26
27 d. The Fire Department shall obtain and maintain in full force and
28 effect all licenses, permits, certificates, approvals, and permissions that may
29 be required by Federal or Florida law, and Monroe County Ordinances or
30 Resolutions, relative to the Fire Department's authorization to provide the
31 Services referred to in this Agreement
32
33 e. The Fire Department shall comply with the requirements of the
34 Florida Firefighters Occupational Safety and Health Act as set forth in
35 Sections 633.801 through 633.821, Florida Statutes.
36
37 f. The Fire Department shall comply with the provIsions and
38 requirements of a Mutual Aid Agreement to which it is a signatory.
39
40 g. The Fire Department shall insure that all volunteers providing
41 services as contemplated by this Agreement maintain their status as
42 volunteers as required by Florida law in order to receive the benefits of the
43 Florida Workers Compensation Law, and the immunities provided under
44 Section 768.28, Florida Statutes.
8
1
2 h. The Fire Department agrees to and shall defend, hold harmless
3 and indemnify the County from and against any and all liability, claims,
4 judgments, charges, fines, costs, damages or expenses (including
5 reasonable attorney's fees, costs, and expenses at the administrative, trial,
6 and appellate levels) in regard to any damage to property or injury to
7 persons, including death, arising out of or related to any act or omission of
8 the Fire Department, its employees, officers, volunteers, or agents.
9
10 i. The Fire Department agrees to maintain in full force and effect
11 the insurance coverages listed in Schedule 4, which is attached and made a
12 part of this Agreement
13
14 6. Duties, ObliGations, RiGhts and ResDonsibilities of Monroe County
15 ("County").
16
17 a. To the extent permitted by law and subject to the provisions and
18 monetary limitations of Section 768.28, Florida Statutes, the County does
19 hereby agree to defend, indemnify and hold the Fire Department harmless
20 from and against any and all liability, claims, judgments, charges, fines,
21 costs, damages, or expenses (including reasonable attorneys= fees, costs,
22 and expenses at the administrative, trial and appellate levels) in regard to
23 any damage to property or injury to persons, including death, arising out of
24 or related to the acts or omissions of the County in connection with this
25 Agreement.
26
27 b. The County Engineer shall review all invoices for reimbursements
28 related to the construction of the Facility and, provided the County Engineer
29 finds that the invoices are consistent with the construction contract schedule
30 of values and are in sufficient detail to permit satisfactory review, shall note
31 upon the face of the invoice the County Engineer's approval, whereupon the
32 invoice shall be forwarded to the Clerk of the County for payment.
33
34 c. In the event the County Engineer disputes an invoice, whether
35 as to amount, timing, detail, or other issue, the County Engineer shall notify
36 the Fire Department's representative and the two parties shall attempt to
37 resolve the dispute. If the dispute is not resolved, the Fire Department and
38 the County shall mediate the dispute in accordance with the rules and
39 procedures for mediation as is normal and customary for mediation in
40 litigation in the Circuit Court of the 16th Judicial Circuit. If the mediation is
41 not successful and the dispute resolved to the mutual satisfaction of the Fire
42 Department and the County, then and in that event either the Fire
43 Department or the County may seek such relief as may be legally available.
44
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7. General Terms and Conditions.
fL. Governino Law, Venue, Interoretation, Costs, and Fees.
1. This Agreement shall be governed by and construed in
accordance with the Laws of the State of Florida applicable to contracts
made and to be performed entirely in the State.
2. In the event that any cause of action or administrative
proceeding is instituted for the enforcement or interpretation of this
Agreement, the County and Fire Department agree that venue will lie
in the appropriate court or before the appropriate administrative body
in Monroe County, Florida.
3. The County and Fire Department 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.
4. The County and Fire Department agree that in the event
any cause of action or administrative proceeding is initiated or
defended by any party relative to the enforcement or interpretation of
this Agreement, the prevailing party shall be entitled to reasonable
attorneys' fees, court costs, investigative, and out-of-pocket expenses,
as an award against the non-prevailing party. 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.
I
b. Binding Effect. The terms, covenants, conditions, and provisions
of this Agreement shall bind and inure to the benefit of the County' OREA,-
and Fire Department and their respective legal representatives, successors,
and assigns.
c. 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
10
1 provISIons of this Agreement would prevent the accomplishment of the
2 original intent of this Agreement.
3
4 ~ Authority. Each party represents and warrants to the other that
5 the execution, delivery and performance of this Agreement have been duly
6 authorized by all necessary County and corporate action, as required by law.
7
8 e. Duration of Agreement. This Agreement shall commence upon
9 the execution of this Agreement, subsequent to execution by the Fire
10 Department and by the County and shall remain in effect for a period of
11 twenty (20) years (the "Term"), except as may be sooner terminated in
12 accordance with the provisions of this Agreement.
13
14 f. Acceotance of Gifts, Grants, Assistance Funds, or Bequests. The
15 County and Fire Department agree that each shall be, and is, empowered to
16 accept for the benefit of any or all of them, gifts, grants, assistance funds, or
17 bequests to be used for fire protection, emergency medical, and emergency
18 rescue services and related activities.
19
20 ~ Claims for Federal or State Aid. The County and Fire
21 Department agree that each shall be, and is, empowered to apply for, seek,
22 and obtain federal and state funds to further the purpose of this Agreement;
23 provided that all applications, requests, grant proposals, and funding
24 solicitations shall be approved by each party prior to submission.
25
26 .t1. Adjudication of Disoutes or Disaoreements. The County and Fire
27 Department agree that all disputes and disagreements shall be attempted to
28 be resolved by meet and confer sessions between representatives of each of
29 the parties. If no resolution can be agreed upon within thirty (30) days after
30 the first meet and confer session, the issue or issues shall be discussed at a
31 public meeting of the Board of County Commissioners. If the issue or issues
32 are still not resolved to the satisfaction of the parties, then any party shall
33 have the right to seek such relief or remedy as may be provided by this
34 Agreement or by Florida law.
35
36 1. Nondiscrimination. The County and Fire Department agree that
37 there will be no discrimination against any person, and it is expressly
38 understood that upon a determination by a court of competent jurisdiction
39 that discrimination has occurred, this Agreement automatically terminates
40 without any further action on the part of any party, effective the date of the
41 court order. The County and Fire Department agree to comply with all
42 Federal and Florida statutes, and all local ordinances, as applicable, relating
43 to nondiscrimination. These include but are not limited to: (1) Title VI of the
44 Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the
11
1 basis of race, color or national origin; (2) Section 504 of the Rehabilitation
2 Act of 1973, as amended (20 U.S.c. s. 794), which prohibits discrimination
3 on the basis of handicap; (3) The Age Discrimination Act of 1975, as
4 amended (42 U.S.C. ss. 6101-6107), which prohibits discrimination on the
5 basis of age; (4) The Drug Abuse Office And Treatment Act of 1972 (P.L. 92-
6 255), as amended, relating to nondiscrimination on the basis of drug abuse;
7 (5) The Comprehensive Alcohol Abuse And Alcoholism Prevention, Treatment
8 and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to
9 nondiscrimination on the basis of alcohol abuse or alcoholism; (6) The Public
10 Health Service Act of 1912, ss. 523 and 527, (42 U.S.c. 290 dd-3 and 290
11 ee-3), as amended, relating to confidentiality of alcohol and drug abuse
12 patient records; (7) The Americans With Disabilities Act of 1990 (42 U.S.c.
13 s. 1201 Note), as may be amended from time to time, relating to
14 nondiscrimination on the basis of disability; (8) The Florida Civil Rights Act of
15 1992, (Chapter 760, Florida Statutes, and Section 509.092, Florida
16 Statutes), as may be amended from time to time, relating to
17 nondiscrimination; (9) The Monroe County Human Rights Ordinance
18 (Chapter 13, Article VI, Sections 13-101 through 13-130), as may be
19 amended from time to time, relating to nondiscrimination; and (10) any
20 other nondiscrimination provisions in any federal or state statutes or local
21 ordinances which may apply to the parties to, or the subject matter of, this
22 Agreement.
23
24
25 1. Cooperation. In the event any administrative or legal
26 proceeding is instituted against either party relating to the formation,
27 execution, performance, or breach of this Agreement, the County and Fire
28 Department agree to participate, to the extent required by the other party,
29 in all proceedings, hearings, processes, meetings, and other activities
30 related to the substance of this Agreement or provision of the services under
31 this Agreement. The County and Fire Department specifically agree that no
32 party to this Agreement shall be required to enter into any arbitration
33 proceedings related to this Agreement or any Attachment or Addendum to
34 this Agreement.
35
36 k. Books, Records, and Documents. The County and Fire
37 Department shall maintain books, records, and documents directly pertinent
38 to performance under this Agreement in accordance with generally accepted
39 accounting principles consistently applied. Each party to this Agreement or
40 their authorized representatives shall have reasonable and timely access to
41 such records of each other party to this Agreement for audit purposes during
42 the term of the Agreement and for four years following the termination of
43 this Agreement.
44
12
1 L. Covenant of No Interest. The County and Fire Department
2 covenant that neither presently has any interest, and shall not acquire any
3 interest, which would conflict in any manner or degree with its performance
4 under this Agreement, and that only interest of each is to perform and
5 receive benefits as recited in this Agreement.
6
7 m. Code of Ethics. The County agrees that the officers and
8 employees of the County recognize and will be required to comply with the
9 standards of conduct relating to public officers and employees as delineated
10 in Section 112.313, Florida Statutes, regarding, but not limited to,
11 solicitation or acceptance of gifts; doing business with one's agency;
12 unauthorized compensation; misuse of public position, conflicting
13 employment or contractual relationship; and disclosure or use of certain
14 information.
15
16 I1. No Solicitation/Payment. The County and Fire Department
17 warrant that, in respect to itself, it has neither employed nor retained any
18 company or person, other than a bona fide employee working solely for it, to
19 solicit or secure this Agreement and that it has not paid or agreed to pay
20 any person, company, corporation, individual, or firm, other than a bona fide
21 employee working solely for it, any fee, commission, percentage, gift, or
22 other consideration contingent upon or resulting from the award or making
23 of this Agreement. For the breach or violation of this provision, the Fire
24 Department agrees that the County shall have the right to terminate this
25 Agreement without liability and, at its discretion, to offset from monies
26 owed, or otherwise recover, the full amount of such fee, commission,
27 percentage, gift, or consideration.
28
29 o. Public Access. The County and Fire Department shall allow and
30 permit reasonable access to, and inspection of, all documents, papers,
31 letters, or other materials subject to the provisions of Chapter 119, Florida
32 Statutes, and made or received by the County and Fire Department in
33 conjunction with this Agreement; and the County shall have the right to
34 unilaterally cancel this Agreement upon violation of this provision by the Fire
35 Department.
36
37 j;h Non-Waiver of Immunity. Notwithstanding the provisions of Sec.
38 286.28, Florida Statutes, the participation of the County and Fire
39 Department in this Agreement and the acquisition of any commercial liability
40 insurance coverage, self-insurance coverage, or local government liability
41 insurance pool coverage shall not be deemed a waiver of immunity to the
42 extent of liability coverage, nor shall any contract entered into by the County
43 be required to contain any provision for waiver.
44
13
1 9.:. Privileoes and Immunities. All of the privileges and immunities
2 from liability; exemptions from laws, ordinances, and rules; and pensions
3 and relief, disability, workers' compensation, and other benefits which apply
4 to the activity of officers, agents, volunteers, or employees of the County,
5 when performing their respective functions under this Agreement within the
6 territorial limits of the County shall apply to the same degree and extent to
7 the performance of such functions and duties of such officers, agents,
8 volunteers, or employees outside the territorial limits of the County.
9
10 L. Legal Obligations and Resoonsibilities: Non-Deleoation of
11 Constitutional or Statutory Duties. This Agreement is not intended to, nor
12 shall it be construed as, relieving any participating entity from any obligation
13 or responsibility imposed upon the entity by law except to the extent of
14 actual and timely performance thereof by any other participating entity, in
15 which case the performance may be offered in satisfaction of the obligation
16 or responsibility. Further, this Agreement is not intended to, nor shall it be
17 construed as, authorizing the delegation of the constitutional or statutory
18 duties of the County, except to the extent permitted by the Florida
19 constitution, state statutes, case law, and, specifically, the provisions of
20 Chapters 125 and 163, Florida Statutes.
21
22 s. Non-Reliance.Qy Non-Parties. No person or entity shall be
23 entitled to rely upon the terms, or any of them, of this Agreement to enforce
24 or attempt to enforce any third-party claim or entitlement to or benefit of
25 any service or program contemplated hereunder, and the County and Fire
26 Department agree that neither the County nor Fire Department or any
27 agent, officer, or employee of each shall have the authority to inform,
28 counsel, or otherwise indicate that any particular individual or group of
29 individuals, entity or entities, have entitlements or benefits under this
30 Agreement separate and apart, inferior to, or superior to the community in
31 general or for the purposes contemplated in this Agreement.
32
33 t. Attestations. The Fire Department agrees to execute such
34 documents as the County may reasonably require, to include a Public Entity
35 Crime Statement, an Ethics statement, and a Drug-Free Workplace
36 Statement.
37
38 1L. No Personal Liability. No covenant or agreement contained
39 herein shall be deemed to be a covenant or agreement of any member,
40 officer, agent or employee of Monroe County in his or her individual capacity,
41 and no member, officer, agent or employee of Monroe County shall be liable
42 personally on this Agreement or be subject to any personal liability or
43 accountability by reason of the execution of this Agreement.
44
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37
y. Execution in Counterparts. This Agreement may be executed in
any number of counterparts, each of which shall be regarded as an original,
all of which taken together shall constitute one and the same instrument and
any of the parties hereto may execute this Agreement by signing any such
counterpart.
w. Section Headings. Section headings have been inserted in this
Agreement as a matter of convenience of reference only, and it is agreed
that such section headings are not a part of this Agreement and will not be
used in the interpretation of any provision of this Agreement.
8. Attachments and Schedules.
Atch A. Construction Agreement
Sch. 1 Repayment Proration Schedule
Sch. 2 Facility Insurance Schedule
Sch. 3 Operational Response, Vehicle, and Equipment Schedule
Sch. 4 General Insurance Schedule
Sch. 5 Application for Payment Procedures
IN WITNESS WHEREOF, the Fire Department and the County has
caused this Agreement to be executed by its duly authorized representative.
(Seal)
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Attest:
DANNYL. KOLHAGE, CLERK
By:
Mayor/Chairman
Date:
Deputy Clerk
(Seal)
OCEAN REEF VOLUNTEER
FIRE DEPARTMENT, INC.
By:
Attest:
Secreta ry
President
Date:
15
1
2
3
Schedule 1: Repayment Proration Schedule
Year Of Amount To Be Repaid
Breachl To County
Cancellation
2004 1,757,500.00
2005 1,665,000.00
2006 1,572,500.00
2007 1,480,000.00
2008 1,387,500.00
2009 1,295,000.00
2010 1,202,500.00
2011 1,110,000.00
2012 1,017,500.00
2013 925,000.00
2014 832,500.00
2015 740,000.00
2016 647,500.00
2017 555,000.00
2018 462,500.00
2019 370,000.00
2020 277,500.00
2021 185,000.00
2022 92,500.00
2023 0.0
16
1
2
3
4
5
6
7
Schedule 2: Facility Insurance Schedule
(See Combined Insurance Requirements in Schedule 4)
17
1 Schedule 3: Operational Response, Vehicle,
2 And Equipment Schedule
3
4 A. General. The Fire Department shall respond to emergencies in MSTU 7
5 ("District 7") as reported to the Ocean Reef Public Safety Answering Point,
6 and shall respond to emergencies in MSTU 6 ("District 6") and MSTU 7 as
7 directed by the Monroe County Fire Dispatcher (referred to by radio as
8 "Central"). This Schedule details the minimal requirements and maximum
9 response times to be followed in initially responding to various incidents.
10 This Schedule is not intended to be all inclusive, and the actual allocation of
11 Fire Department resources to a particular incident should be based upon the
12 incident's circumstances, including its magnitude, location, and initial
13 information received concerning the incident. Additionally, this Schedule
14 contains a listing of the minimal vehicular resources to be in service and
15 maintained by the Fire Department, as well as a listing of equipment
16 resources provided to the Fire Department by the County on a loan basis.
17
18 2. ODerational ResDonse Protocol. The following response parameters
19 are based upon normal response conditions. Incidents in which the response
20 times, minimal number of firefighters responding, or minimum apparatus
21 responding are not met shall be documented and reported to the Monroe
22 County Fire Chief.
23
24 A. Structure Fires: A minimum of four (4) firefighters responding
25 with apparatus OR being on scene within two (2) minutes of the on-scene
26 arrival of the apparatus; minimal apparatus of one (1) Class A pumper, with
27 usual and customary equipment; and a maximum on-scene response time
28 for apparatus to be within ten (10) minutes from time of dispatch within five
29 (5) miles from the Fire Station.
30
31 B. Outside Fires Which Threaten Life Or Structures. A minimum
32 of four (4) firefighters responding with apparatus OR being on scene within
33 two (2) minutes of the on-scene arrival of the apparatus; minimal apparatus
34 of one (1) Class A pumper, with usual and customary equipment; and a
35 maximum on-scene response time for apparatus to be within ten (10)
36 minutes from time of dispatch within five (5) miles from the Fire Station.
37
38 C. Heavv Rescue/Extrication. A minimum of four (4) firefighters,
39 all of whom are trained in extrication procedures, responding with apparatus
40 OR being on scene within two (2) minutes of the on-scene arrival of the
41 apparatus; one apparatus appropriately equipped for the type of incident;
42 and a maximum on-scene response time for apparatus to be within ten (10)
43 minutes from time of dispatch within five (5) miles from the Fire Station.
44
18
1 D. Liaht Rescue/Medical/Advanced Life SUDDort. A minimum of
2 two (2) firefighters, with at least EMT certification by the State of Florida and
3 Paramedic certification by the State of Florida, responding with apparatus or
4 privately owned vehicle (POV), and a maximum on-scene response time to
5 be within ten (10) minutes from time of dispatch within five (5) miles from
6 the Fire Station.
7
8 E. Hazardous Materials Emeraencies. A minimum of four (4)
9 personnel, all of whom are trained in at least awareness-level hazardous
10 materials response procedures, with apparatus or POV appropriately
11 equipped for the type of incident, and a maximum on-scene response time
12 to be within ten (10) minutes from time of dispatch within five (5) miles
13 from the Fire Station.
14
15 F. Mutual Aid ResDonses. To be provided as requested or, if not
16 specified, as follows: Under all circumstances the department providing
17 mutual aid shall insure that the department's primary area of responsibility
18 shall be adequately covered.
19
20 G. Other Emeraencies. For emergencies not involving immediate
21 peril to life or structures, a minimum of two (2) trained personnel or a
22 greater number if the situation warrants, based upon the incident, with one
23 apparatus or POV best equipped for the incident type, and a maximum on-
24 scene response time to be within ten (10) minutes from time of dispatch
25 within five (5) miles from the Fire Station.
26
27 H. Non-Emeraencies. A minimum of one (1) or two (2) firefighters,
28 depending upon the incident, with one apparatus or POV best equipped for
29 the incident type, and a maximum on-scene response time of twenty (20)
30 minutes within five (5) miles from the Fire Station.
31
32 3. Benchmarks; Duty Not Created. The operational response protocols
33 in this Schedule 3 are to be considered benchmarks to measure fire rescue
34 services. Nothing in this Schedule 3 creates, or is intended to create, any
35 duty, obligation or liability on behalf of the Fire Department to any third
36 party based on the Fire Department's failure to respond within the time
37 parameters described in this Schedule. This document recognizes that
38 multiple emergencies may Occur simultaneously and the response
39 parameters contained in this Schedule may be modified.
19
1
2
Schedule 4: General Insurance Schedule
20
Ocean Reef Firehouse Proiect
Insurance Reouirements
There will be two sets of insurance requirements for this contract. The first will address requirements
during the construction of the facility and the second will address ongoing operations upon completion.
During Construction
The contractor awarded the contract for this project will need to provide the following:
Workers Compensation - Statutory limits
Employers Liability- $1,000,000/$1,000,000/$1,000,000
See attachment labeled WC3 for details
General Liability - $500,000 per Person; $1,000,000 per Occurrence
$100,000 Property Damage
or
$1,000,000 Combined Single Limit
See attachment labeled GL3 for details
Vehicle Liability - $500,000 per Person; $1,000,000 per Occurrence
$100,000 Property Damage
or
$1,000,000 Combined Single Limit
See attachment labeled VL3 for details
Builders Risk - Limits to be no less than the value of the completed project
See attachment labeled BRl for details
Post Construction Operations
Workers Compensation - statutory limits
Employers Liability - $100,000/$500,000/$100,000
See attachment labeled WCl for details
General Liability - $100,000 per Person; $300,000 per Occurrence
$50,000 Property Damage
or
$300,000 Combined Single Limit
See attachment labeled GL 1 for details
Vehicle Liability - $100,000 per Person; $300,000 per Occurrence
$50,000 Property Damage
or
$300,000 Combined Single Limit
See attachment labeled VL2 for details
.
(Post construction continued)
Medical Professional Liability - $500,000/$1,000,000
See attachment labeled MED2 for details
All Risk Property -limits no less than replacement cost value of building
At a minimum coverage should include Fire, Smoke, Sprinkler Leakage, Windstorm, Lightning,
Vandalism, Sinkhole Collapse, Falling Objects, Explosion, Aircraft & Vehicle Damage, Flood, Civil
Commotion.
All insurance policies, with the exception of Workers Compensation, Builders Risk, and All Risk
Property should name Monroe County Board of County Commissioners as Certificate Holder and
additional insured.
1996 Edition
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$1,000,000 Bodily Injury by Accident
$1,000,000 Bodily Injury by Disease, policy limits
$1,000,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-
insurer, the County shall recognize and honor the Contractor's status. The Contractor may be
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
of Insurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
WC3
Administration Instruction
#4709.3
1996 Edition
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum:
· Premises Operations
· Products and Completed Operations
· Blanket Contractual Liability
· Personal Injury Liability
· Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$ 1,000,000 per Occurrence
$ 100,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Momoe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
GL3
Administration Instruction
#4709.3
1996 Edition
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor,
prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be
maintained throughout the life of the contract and include, as a minimum, liability coverage for:
· Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$1,000,000 per Occurrence
$ 100,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
VL3
Administration Instruction
#4709.3
1996 Edition
BUILDER'S RISK
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
The Contractor shall be required to purchase and maintain, throughout the life of the contract,
and until the project is accepted by the County, Builder's Risk Insurance on an All Risk of Loss
form. Coverage shall include:
Theft
Windstorm
Hail
Explosion
Riot
Civil Commotion
Aircraft
Vehicles
Smoke
Fire
Collapse
Flood
The policy limits shall be no less than the amount of the finished project and coverage shall be
provided on a completed value basis.
Property located on the construction premises, which is intended to become a permanent part of
the building, shall be included as property covered.
The policy shall be endorsed permitting the County to occupy the building prior to completion
without effecting the coverage.
The Monroe County Board of County Commissioners shall be named as Additional Insured and
Loss Payee.
DRl
Administration Instruction
#4709.3
1996 Edition
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-
insurer, the County shall recognize and honor the Contractor's status. The Contractor may be
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
ofInsurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate ofInsurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
wet
Administration Instruction
#4709.3
1996 Edition
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum:
· Premises Operations
· Products and Completed Operations
· Blanket Contractual Liability
· Personal Injury Liability
· Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$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
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
GLl
Administration Instruction
#4709.3
1996 Edition
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor,
prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be
maintained throughout the life of the contract and include, as a minimum, liability coverage for:
· Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$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
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
VL2
Administration Instruction
#4709.3
1996 Edition
MEDICAL PROFESSIONAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract involves the providing of professional
medical treatment, the Contractor shall purchase and maintain, throughout the life of the contract,
Professional Liability Insurance which will respond to the rendering of, or failure to render
medical professional services under this contract.
The minimum limits of liability shall be:
$500,000 per Occurrence/$1 ,000,000 Aggregate
If coverage is provided on a claims made basis, an extended claims reporting period of four (4)
years will be required.
MED2
Administration Instruction
#4709.3
1
Schedule 5: Application for Payment Procedures
SECTION 01027
APPLICATION FOR PAYMENT
1.1 SUMMARy
A. This section provides procedures for preparation and submittal of Applications for Payment.
1.2 FORMAT
A. The Application and Certificate for Payment including the Worksheet is the required format
for submitting invoices. A copy of these forms are included in this section. Also, the
Contractor's Affidavit of Payment of Debits And Claims form used for final payment is
included. The Owner reserves the right to modify the format to better suit his internal
accounting system.
1.3 PREPARATION OF APPLICATIONS
A. The Contractor is required to adhere to the following procedure for filling-out the Application
for Payment form.
I. Present required information in typewritten form.
2. List Contractor's schedule of values on the Application for Payment form identifying
the progress, retention, and payment amounts for each item as indicated on the form.
3. List each authorized Change Order on the form, including change order number, date,
change in dollar amount, and change in time amount, etc. as required.
4. Execute certification by notarized signature of authorized officer.
5. Attach to the Application for Payment, a completed and properly executed Affidavit
and Partial Release of Lien form also contained in this section.
1.4 SUBMIITAL PROCEDURES
A. Initial Payment Application:
The following documentation must be submitted prior to processing the initial payment
application:
I. Approved schedule of values
2. Approved construction schedule
3. Approved submittal schedule
B. The initial Application for Payment will not be processed until the Contractor's construction
schedule, the schedule of values, and the initial submittal schedule have been received,
reviewed and approved by the Owner's Representative.
08/04/03
APPLlCA nON FOR PAYMENT
01027-1
C. Submit an updated construction and submittal schedule and a partial release of lien with each
Application for Payment.
D. Payment Period: Submit once per month, during the last week of the month. Payment will be
made by the Owner approximately 30 days after receipt of completed documentation.
E. Submit one (I) copy of each Application for Payment.
1.5 SUBSTANTIATING DATA
A. When the Owner's Representative requires substantiating information, submit data justifying
dollar amounts in question.
B. Provide one copy of data with cover letter for each copy of submittal. Indicate Application
number and date, and line item by number and description.
1.6 FINAL PAY REQUEST
A. When the work has been completed, the Contractor shall; submit a final application for
payment, execute a Final Release of Lien and Contractor's Affidavit of Release of Liens,
Separate Releases or Waivers of Liens from Subcontractors and material and equipment
suppliers, submit Consent of Surety to Final Payment form and submit the Contractor's
Affidavit of Payment of Debts And Claims form as contained in this Section.
B. These documents will be furnished to the Owner on a form similar to those supplied.
08/04/03N
APPLICATION FOR PAYMENT
01027-2
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08/04/03
01027-3
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08/04/03
01027-4
APPLICATION FOR PAYMENT
MONROE COUNTY
AFFIDAVIT AND PARTIAL RELEASE OF LIEN
APPLICATION NO.:
PERIOD ENDING DATE:
APPLICATION DATE:
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, for and in consideration ofthe payment of the sum
$ . to be paid to the undersigned, hereby releases, acquits, satisfies and forever discharges,
MONROE COUNTY, OWNER, their successors and assigns from alI suits, causes of action, liens, lien rights, claims or
demands of any kind whatsoever, to the extent of the payment to date on account of the furnishing oflabor, material or
services for the improvement of the folIowing described property:
As part of this PARTIAL RELEASE. THAT UNDERSIGNED HEREBY CERTIFIES the folIowing:
THAT the contract of the undersigned, as adjusted by alI increases and decreases, is in the amount of $ .
as of the date of the Partial Release and the undersigned has received $ as payment on the adjusted
contract amount as of the date of this Partial Release.
THAT all supplies of labor, material or services furnished to, or for the benefit of the undersigned for improvement to the
subject property have been paid in full. Any and all suppliers of labor, material or services for improvement to the
subject property, who have not been paid in fulI are listed below with the amount owing each, claimed by each and the
reason for non-payment: (If none, write "NONE")
CLAIMANT AMOUNT DUE
AMOUNT CLAIMED
REASON FOR NONPAYMENT
THAT alI taxes imposed by all government agencies have been paid and discharged.
THAT alI funds have been collected for FICA and withholding taxes have been properly deposited with appropriate
agencies or paid to the government as required by law.
THAT the undersigned has no other claims for money against the OWNER other than those Subcontractors'/Suppliers'
amounts remaining due and owing on the adjusted contract balance as reflected above.
THAT the undersigned further certifies that if there is a Guarantee, Warranty or Maintenance Agreement in connection
with the labor and material furnished by it, that this payment and PARTIAL RELEASE shalI not release the undersigned
from any obligations under such Guarantee, Warranty, or Maintenance Agreement.
WIlNESS MY HAND THIS
day of
,20
Witness
Name of Company
Witness
Signature, Title
08/04/03
APPLICA TION FOR PAYMENT
01027-5
MONROE COUNTY
FINAL RELEASE OF LIEN
KNOW ALL MEN BY THESE PRESENTS, that
for and consideration of the sum of
Dollars ($
)
paid to
by Monroe County, Florida receipt of which is hereby acknowledged, do(es) hereby release and quit claim
to Monroe County, Florida, the Owner, its successors or assigns, all liens, lien rights, claims or demands of
any kind whatsoever which
has (have) or might have against the property, building, and/or improvements, on account oflabor
performed, material furnished, and/or for any incidental expense for the construction of:
thereon or in otherwise improving said property situated as above described.
IN WITNESS WHEREOF THIS
day of
,20
Witness
Name of Company
Witness
Signature, Title
Notary Public
My commission expires:
08/04/03
APPLlCA nON FOR PAYMENT
01027-6
CONTRACTOR'S AFFIDAVIT OF
RELEASE OF LIENS
TO OWNER:
(N,.". and atIdru.)
CONTRACT FOR:
CONTRACT DATED:
PROJECT:
(Name and atIdru.)
State of
County of
The undersigned hereby certifies that to the best of the undersigned's knowledge, information and belief, except as listed
below, the Releases or Waivers of Lien attached hereto include the Contractor, all Subcontractors, all suppliers of
materials and equipment, and all performers of Work, labor or services who have or may have liens or encumbrances or
the right to assert liens or encumbrances against any property of the Owner arising in any manner out of the performance
of the Contract referenced above.
EXCEPTIONS:
SUPPORTING DOCUMENTS ATIACHED
HERETO:
CONTRACTOR:
(Name and atIdru.)
l. Contractor's Release or Waiver of Liens,
conditional upon receipt of fmal payment.
By:
(Signature of authorized representative)
2. Separate Releases or Waivers of Liens from
Subcontractors and material and equipment
suppliers, to the extent required by the Owner,
accompanied by a list thereof.
(Printed Name and Tit/e)
Subscribed and sworn to before me this
date:
Notary Public:
(SEAL)
My Commission Expires:
08/04/03
APPLICA nON FOR PAYMENT
01027-7
CONSENT OF SURETY COMPANY
TO FINAL PAYMENT
PROJECT:
(Address)
TO: (Owner)
CONTRACTOR:
In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above,
the (here insert name and address of Surety Company)
. SURETY COMPANY, on bond of
(here insert name and address of Contractor)
CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the
Contractor shall not relieve the Surety Company of any of its obligation to
(here insert name and address of Owner)
OWNER, as set forth in the said Surety Company's bond.
IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this
20
day of
Surety Company
Signature of Authorized Representative
Title
12116/02
APPLICATION FOR PAYMENT
01027-8
CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS
TO OWNER:
(Name and address)
CONTRACT FOR:
CONTRACT DATE:
PROJECT:
(Name and address)
State of:
County of:
The undersigned, pursuant to Article 9 of the General Conditions of the Contract for Construction, hereby certifies that, except as listed
below, he has paid in full or has otherwise satisfied all obligations for all materials and equipment furnished, for all work, labor, and
services performed, and for all known indebtedness and claims against the Contractor for damages arising in any manner in connection
with the perfonnance of the Contract referenced above for which the Owner or his property might in any way be held responsible.
EXCEPTIONS: (If none, write "None". If required by the Owner, the Contractor shall furnish bond satisfactory to the Owner for each
exception).
SUPPORTING DOCUMENTS A IT ACHED HERETO:
I.
Consent of Surety to Final Payment. Whenever
Surety is involved, Consent of Surety is required.
AlA DOCUMENT G707, CONSENT OF
SURETY, may be used for this pwpose. Indicate
attachment: yes ( ) no ( )
CONTRACTOR:
Address:
The folIowing supporting documents should be attached
hereto:
I. Contractor's Release or Waiver of Liens,
conditional upon receipt of final payment.
By:
2.
Separate Releases or Waivers of Liens from
Subcontractors and material and equipment
suppliers, to the extent required by the Owner,
accompanied by a list thereof.
Subscribed and sworn to before me this
day of ,20_.
Notary Public:
3. Contractor's Affidavit or Release of Liens.
My Commission Expires:
12/16/02
APPLICATION FOR PAYMENT
01027-9
CERTIFICATE OF SUBSTANTIAL COMPLETION
PROJECT:
(Name and address)
CONTRACT FOR:
CONTRACT DATE:
TO OWNER:
(Name and address)
TO CONTRACTOR:
(Name and address)
DATE OF ISSUANCE:
PROJECT OR DESIGNATED PORTION SHALL INCLUDE:
The Work perfonned under this Contract has been reviewed and found, to the Architect's best knowledge, infonnation
and belief, to be substantially complete. Substantial Completion is the stage in the progress of the Work when the Work
or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can
occupy or utilize the Work for its intended use. The date of Substantial Completion of the Project or portion thereof
designated above is hereby established as
which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated
below:
A list of items to be completed or corrected is attached hereto. The failure to include any items on such list does not
alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents.
ARCHITECf
BY
DATE
The Contractor will complete or correct the Work on the list of items attached hereto within the above date of
Substantial Completion.
CONTRACTOR
BY
DATE
The Owner accepts the Work or designated portion thereof as substantially complete and will assume full possession
thereof at (time), on
(date).
OWNER
BY
DATE
The responsibilities of the Owner and the Contractor for security, maintenance, heat, utilities, damage to the Work and
insurance shall be
as follows:
Note - Owners and Contractors legal and insurance counsel should determine and review insurance requirements and coverage.
12116/02
APPLICATION FOR PAYMENT
01027-10
-",........... ... .........
END OF SECTION 01027
12/16/02
01027-11
APPLICA nON FOR PAYMENT