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08/20/2003 Agreement Clerk of De Circul coun Danny L. Kolhage Phone: 292-3550 Fax: 295-3663 Memnrandum To: Richard Collins, County Attorney From: Jan Hotalen Isabel C. DeSantis. ~ Deputy Clerk ;f' Attn: Date: Tuesday, October 21, 2003 At the meeting of August 20, 2003, the BOCC of Monroe County approved the following: Agreement for Construction of Fire Protection and Emergency Medical and Emergency Rescue Services Facility, and for providing Fire Protection, Emergency Medical, and Emergency Rescue Services for Ocean Reef Volunteer Firefighters. Enclosed please find a duplicate original of the subject document for your handling. Should you have any questions concerning the above, please do not hesitate to contact this office. Copies: Finance File./ Prepared by and Return to: Donald J. Doody, Esq. Goren, Cherat; Doody & Ezral, P.A. 3099 E. Commercial Boulevard, Suite 200 Fort Lauderdale. FL 33308 nRnTC'ATTON ANn nF'.C'T,ARATTON OF' RF'S:TRTrTTVF', rOVF'N ANTS: THIS DEDICATION AND DECLARATION OF RESTRICTIVE COVENANTS ("Covenant") made this d- day of ~l- ~ , 2003, by the OCEAN REEF VOLUNTEER FIRE DEPARTMENT, INC., a Florida not-for-profit corporation, its successors and assigns, with a post office address at 100 Anchor Drive, PMB 505, Key Largo, FL 33037 (hereinafter referred to as the "Ocean Reef Volunteer Fire Department"). WITNESSETH: WHEREAS, the Ocean Reef Volunteer Fire Department is the owner of the real property more particularly described in Exhibit "A" attached hereto and made a party hereof (the "Property"); and WHEREAS, the Ocean Reef Volunteer Fire Department entered into an Agreement with the Board of County Commissioners of Monroe County, Florida (the "County") for construction of fire protection and emergency medical and emergency rescue services facility, and for providing fire protection, emergency medical and emergency rescue services; and Section 4(m) of said Agreement requires a restriction and dedication of public use for an operations center for fire protection and emergency medical and rescue services (the "Facility") on the Property for a period of twenty (20) years from the date the Facility is accepted by the Ocean Reef Volunteer Fire Department; and WHEREAS, the Ocean Reef Volunteer Fire Department enters into this Dedication and Declaration of Restrictive Covenant to place certain restrictions on the use of the Property and to dedicate same to public safety use as an operations center for fire protection and emergency medical and rescue services for a period of twenty (20) years from the date the Facility is accepted by the Ocean Reef Volunteer Fire Department. NOW, THEREFORE, in consideration of the promises and covenants herein contained, the Ocean Reef Volunteer Fire Department hereby declares that the Property shall be owned, held, used, transferred, sold, conveyed, demised and occupied subject to the covenants, restrictions and regulations hereinafter set forth, all of which shall run with the Property and any part thereof and which shall be binding upon all parties having any right, title or interest in the Property or any part thereof, its successors and assigns. 1. Rprit~tion~ The recitations set forth above are true and correct and are incorporated into this Covenant by this reference. 2. npelirMion The Ocean Reef Volunteer Fire Department hereby dedicates the Property for public safety use, such as an operations center for fire protection and emergency medical and rescue services and other public safety purposes for a period of twenty (20) years from the date the Facility is accepted by the Ocean Reef Volunteer Fire Department, in accordance with Section 4(m) of that certain Agreement with the Board of County Commissioners of Monroe County, Florida. A copy of the Agreement is attached hereto as Exhibit "B" and made a part hereof. 3. T T~p Rp~trirtion~ referenced in Section 2 hereof. The Property shall be limited to those public safety uses as 4. A mpnelmpnt~ These Restrictive Covenants shall not be modified, amended or released as to any portion of the Property except by written instrument, executed by the Ocean Reef Volunteer Fire Department. The Ocean Reef Volunteer Fire Department shall execute a written instrument effectuating and acknowledging such modification, amendment or release. Any amendment, modification or release of this Covenant shall be recorded in the Public Records of Monroe County, Florida. 5. Tprm of rovpn~nt These Restrictive Covenants shall remain in full force and effect and shall be binding upon the Ocean Reef Volunteer Fire Department, its successors and assigns, for an initial period of twenty (20) years from the date this instrument is recorded in the Public Records. 6. RpC'Oreling ofppr~on~ Ronnel This Restrictive Covenant document shall be recorded in the Public Records of Monroe County for the sole benefit of the general public and shall bind all successors and assigns to the title of the Property. 7. Spvpmhility These Restrictive Covenants are hereby declared to be several and independent. If any court of competent jurisdiction shall declare any section, paragraph or part thereof invalid or unenforceable, then such judgment or decree shall have no effect on the enforcement or validity of any other section, paragraph or part hereof, and the same shall remain in full force and effect. 8. A nthority By execution hereof, the signatory on behalf of the Ocean Reef V olunteer Fire Department acknowledges his/her authorities to bind the Ocean Reef Volunteer Fire Department and the Ocean Reef Volunteer Fire Department acknowledges the validity and binding nature of this Covenant both on itself, its successors and assigns of the property. 9. {'~rti()n"~ Hp~ciing" ~nci Titlp Articles and paragraph captions, headings and titles inserted throughout this Covenant are intended as a matter of convenience only and in no way shall such captions, headings or titles define, limit or in any way effect the subject matter or any of the terms provisions thereunder or the terms and provisions of this Covenant. IN WITNESS WHEREOF, the Ocean Reef Volunteer Fire Department has executed this Dedication and Declaration of Restrictive Covenants on the first day written above. WITNESSES: OCEAN REEF VOLUNTEER FIRE DEPARTMENT, INC., a Florida not-for-profit corporation ~h~ HvV ~U-/ \ By::D= (C (] ci ~ Print name: J)t1-v In c~ 7< "T,",- Title: ~ (?JlcIc.~jl/-r ~~V'(:>6- Print name cJl~~ (j,LEAJ oA 11 /ZZ-o Print name STATE OF FLORIDA ) COUNTY OF MONROE ) BEFORE ME, the undersigned authority, personally appeared~ VI del R ~s the authorized representative of the Ocean Reef Volunteer Fire Department, Inc., who is personally known to me ell Rail ~lodtlead ~it1(Ilti:ti8ati8n and who did (did not) take an oath, and he/she acknowledged to and before me that he/she executed the foregoing instrument for the purposes therein expressed, pursuant to due authority. 0 / / WITNESS, my hand and ofiicial seal this day of ~ 2003. tw~ JJ-f< NOTARY PUBLIC Print Name S U. 50';0\ ll. P-k, fY\ E't- My Commission Expires: SUSA.1'Il D prOMEY NafARY P1J5UC Sl'A'iBOF FLORIDA COMMISSION NO. CC910021 MY COMMISSION EXP. FEB. 22.2004 H:\200 I \0 1 0 148.0P\MISC\Dedication and Declaration of Restrictive Cov.doc OCEAN REEF VOLUNTEER FIRE DEPARTMENT LEGAL DESCRIPTION A portion of the NE V4 of the SW V4 of Section 7, Township 59 South, Range 41 East, "Plat of Lands of Seaboard Properties, Inc.," according to the plat thereof as recorded in Plat Book 4, Page 83 of the Public Records of Monroe County, Florida being more particularly described as follows: Commence at the Southwest corner of the NE V4 of the SW V4 of said Section 7; thence N 2016'26" W (bearings derived from Florida Coordinate System, East Zone) along the West line of said NE V4 of the SW V4 of said Section 7 for 877.53 feet to an intersection with the Northwesterly extension of the center line of Ocean Reef Drive, as shown on the Plat of "Channel Cay Ocean Reef Plat No.4," according to the plat thereof as recorded in Plat Book 5, Page 122 of the Public Records of Monroe County, Florida; thence S 43011'40" E along said Northwesterly extension of the center line of Ocean Reef Drive and along the center line of Ocean Reef Drive for 376.66 feet; thence N 38046'36" E for 298.32 feet to the POINT OF BEGINNING of the hereinafter described parcel of land; thence N 28034'16" W - 175.57 feet; thence N 40011'47" E - 181.42 feet; thence S 49048'13" E - 211.85 feet to a point of intersection with the Northwesterly right-of-way line of Anchor Drive as shown on the plat of "Anchor Drive Subdivision, Ocean Reef Plat No. 10" as recorded in Plat Book 6, Page 118 of the Public Records of Monroe County, Florida; thence along said right-of-way line S 42054'41" W - 58.06 feet to a point of curvature with a circular curve, concave to the Southeast, having a radius of 3535.00 feet, and a central angle of 3001'43"; thence continue along said right-of-way line on the arc of the above described curve 186.86 feet; thence leaving said right-of-way line, N 50007'02" W - 41.54 feet to the POINT OF BEGINNING, containing 1.045 acres, more or less. All the above described land lying and being in Monroe County, Florida. EXHIBIT A 1 FXHIRIT "R" At:RFFMFNT 1 AGREEMENT FOR CQNSTRUC1:IQN OF FIRE PROTECTION AND 2 EMER<?ENCY MEDICAL AND EMER(iENCY RESCUE SER'lJCES 3 FACILITY. AND FQR PROVlDIP,lr.; F~~E PROTECTION. EMERGENCY 4 M~DICAL. 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 Legisl~ture, 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 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. Purpose. 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 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 36 37 1 . medical care and prehospital emergency medical transportation to sick, injured, or otherwise incapacitated persons. 2 3 4 5 6 h. "Emergency medical services vehicle" means an ambulance. i. "Emergency medical technician" means a person who is certified by the Aorida Department of Health to perform basic life support. 7 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. "Aorida 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. 38 q. "Regular-service volunteer" means a volunteer engaged in 39 specific voluntary service on an ongoing or continual basis. 40 41 r. "Volunteer" means a person who, of his or her own free will, 42 provides goods or services to Monroe County government, through and with 43 the approval of the Ocean Reef Volunteer Fire Department, Inc., without 44 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 ResDonsibilit.es of the Ocean Reef 5 Volunteer Fire DeDartment. Inc. ("Fire DeDartment") Cogcernina the 6 Facility. 7 8 a. The Fire Department owns real property having a street address 9 of 100 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 J 1 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 ($l,850,OOO.OO). 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 Clerl<. 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 to 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 CounW Oerk. 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 Resoonsibilities of the Ocean Reef 2 Volunteer Fire DeDartment. Inc. C'Fire DeDartment") Concernin~ 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. II 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 3 I 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. Obliaations. Rights and ResDonsibilities of Monroe County 15 .("Countv"~ 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 9 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 36 37 38 39 40 41 42 43 7. General Terms and Conditions. a. Governing 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. b. Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County 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 d. Authoritv. 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. Acceptance 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 h. Adjudication of DisDutes or Disagreements.. 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 i. 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. Coooeration. 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 disdosure or use of certain 14 information. 15 16 n. No Solicitation/Pavment. 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 Q.:. 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 ~ 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 ~ Privileges 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 r. Legal Obligations and Responsibilities; Non-Delegation 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 ~ 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 shalf 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 ~ 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 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 36 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 MON~q;. .SOU~IY, FL9RII?A By: .,/"' //7. YtuA~ Mayor/Chairman Date: 0 g - c20 -0.3 Attest: DANNY l. KOLHAGE, CLERK BY~C ~tWIW Deputy Cler (Seal> fJ j2 :-rrt1Jl.{/'. o MONROE COUNTY ATTORNEY ~~~: ~JOHN R. COLLINS COYNfi, ATTORNEY Date 101.0.l:l-D-" ..\ ~ -" 0 Q S z :lloo - r- S..~:z: <::) ,." C"") ,."r-:Z: ..... 0 ~-< (")' N -.,., 0("'): C::;o:J: f5 ;Z:. 0 -f(")r- :: ::0 :<:-t:r: "TJ )>. ,.." , - CJ ~ ("") :t.. P1 0 - ::0 r. ::::J 15 . J 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 Schedule 2: Facility Insurance Schedule (See Combined Insurance Requirements in Schedule 4) 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 ]") 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. Heavy 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 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. 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 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 AU 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 Injwy by Accident $1,000,000 Bodily Injwy by Disease, policy limits $1,000,000 Bodily Injwy 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 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 Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. VL3 Administration Instruction #4709.3 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 pennitting the County to occupy the building prior to completion without effecting the coverage. The Momoe County Board of County Commissioners shall be named as Additional Insured and Loss Payee. DRl 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 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 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 reseIVes 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 fonn. 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 cons::ruction schedule, the schedule of values, and the initial submittal schedule have been receiv:d, 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 (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. 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E-< lti ~ U ell ~ Q ~. ~ ..( ~~ 0 - E-o 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 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. mAT UNDERSIGNED HEREBY CERTIFIES the following: mAT 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. mAT 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 mAT all taxes imposed by all government agencies have been paid and discharged. mAT 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. mAT 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. mAT 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 THIS day of ,20 Witness Name of Company Witness Signature, Title 08/04/03 APPLICATION 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 WIlNESS WHEREOF THIS day of ,20 Name of Company Witness Witness Signature, Title Notary Public My commission expires: 08/04/03 APPLICA nON FOR PAYMENT 01027-6 CONTRACTOR'S AFFIDAVIT OF RELEASE OF LIENS TO OWNER: (N- andaddra.J CONTRACT FOR: CONTRACT DATED: PROJECf: (Nam_-addra.J 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 AITACHED HERETO: CONTRACTOR: (N--addrenJ 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 Tit/e) Subscribed and sworn to before me this date: Notary Public: (SEAL) My Commission Expires: 08/04/03 APPLICATION 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 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 wode, labor, and services performed, and for all1cnown 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 ATTACHED HERETO: 1. 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 following supporting documents should be attached hereto: 1. 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 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. ARCHITECT 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 CONTRACTOR 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. 12/16/02 APPLICATION FOR PAYMENT 01027-10 END OF SECTION 01027 12/16/02 01027-11 APPLICATION FOR PAYMENT Oct~ZI-ZDD3 11:%1 Fram-Mar;h CSU + T~2'2 P.002/003 F-531 ~.'~lll.'.~~.,~ ;.' .IR.Cl:fJ'U....~.,/.~_:J..":lr:;~.~7;.'rEvi~".e~CiO. "F'!'DR'~E""RJ.,;y~..iI'li'S~U"~R' '~IC' .'r2!", ~L'".''_'L''W''_''' I"'" I, ;,r...,~ ~ . ' .~'. ,tll "J' ',' ttJt. ....~~ ",It .~t""fM".~" ~ (7~ \:Ir . '." :"IN:t: . "R P~J;;,~-. :.:.t.;'''~'' ....j,. . ",'., .... .' ". ~ ., ......... .; .", it.;.,,,...... . ')r!.~..;;... ;...... ,.' ." .,'.. . .,..1...-: . ...... ,. .. ..... ..' . .. .' ..\.,...; An..oootl75119..o1 rM!5 C:t:K'l'lfICArE 1$ISSUEO.AS A MAmR 01' INfOflMoll1'ION Ol\!l.y AND CONFERS NO A1CHT& uf'ON 1M! CERTIFICATE HOLDE~ OTHER THAN 'rHOS&: IilFaOVlDED III T"I: POI.u::V. TI115 CERTIFICATe DO~ NOT AMEND, EXtEND Oft Al'lCR Tl'I1! COVERAGE AFFORtleD BY 1M" POUCIl:S us.1l:0 t1ERElIII. ,,,allVOlt.. M:.rsh Us'&'. 11ll:. PC, 80X 45901() Sunrise. f'l. 3334~9010 (....ANY ARCH IN$UAANCE eOMPANV ~ :. ... OC;EAN ReEF COMMUNITY ,t,35OClATION 35 OCEIoN RE" DRIVE.1t220 l<E... LARGO. FL 33037 tl'FflCTI\I~ Il'-TE llIlIlOO"TI 10101103 T~I$Il("""'" PIIlOIt ~\II~NC~ DATtD: 712Z'9001.1~03-04 ..eu'~ lOAllIlUlII!lIl:R P'OUCT NUIIIltIll MEPK3047628 .ti..~~~ :',i ~': ~~,"'''''.:'1'' !..~:~~JJ~~;';';'~~I:'!:.({.:2G!i.;E~'!::"~" "\.~:~i~_.:. ~~~~ .....T1oht.~,.:. ~"''''''',.P.laIl'l''IlIlJP~ CIJ ..fo.r.thI;poI...-nocl~1 .' ;.:~bfi' ;,'.11, ., . .........~I"'I..:... ..................L:.-;..:;.,.:,J.-.....:...... ...h......__ _ ......__.......:._""'--"--...J...:..,..:..J~ ,;,;]. '-'..n~...~.",..,; ,,"S 15 'l'O ('llfit'nN 't\ol.t.T ~r:. POliCIES 01" IIII$UAANCE lIS1EO IEA&JN tll\VE see", ISSUED 'rO Tt1I! 1N:w~eo N/INEJ) I1ERI!IN fOA T...e POLICY PEAlOP INDlCAlliD, NQTWlTHS"l'..NOINO At-tV ReaulHEMl::NT. Tl:1QII ~ c:a-oTlON ~ ANY CONTRACT OR OTt-tEiR DOCUMI:NT WI'I'H ncsPCe'I' '1'0 WI'lIOlo1 'THI! CERTIACATE MAV BE ISSUED OR MAY PERT....N. TNe lNSuMNCl: IIFFORoeD .,... THE POLICIES LISTeD HIRE'" 1$ SUBJECT TO ALL 'l'HEi TEiRfJS, CONDITIONS AN) EXCLUSIONS OF SUCH POUCIl!S.l.IlI.1rrs S~OWN MAY HAVE BEeN ~1:I:lUCC1) 8Y \"A1~ CLAIMS. - COVlRAGESI PEJ:l"'$' FORMS . .~,. ",," ufCY\ lQLtl . .' ..', '; .<A.\'..:,'~,;I~~11l1 l'li' DI I \~LI~~""'~~CP. ,~?, \6t~\\\i~~- J\,. _ n. " Jr'. . . ',J"'(:: ._.--.' '\\it~.!;,!~".- '........ \ l......' ....- AMOuNT OF INSU/UoNCI' tiJ) 2.1QO,OOO ~bD~ <. {) OEOUCT181E 1,0 ALL RISK au IwERS RISK ~ .'~'.;~" oF .,..~~~,l~.::::....~lli.illl~:~!:;~. .' .:~j,~L!::i';~~g~~~~(~l1'L.~J! . .: yJl., .. ^ S'M . ' SHOULD /UlY OF TI-E POUClF.S I.I$T&O HEREIN ~ r.ANCELL.eD BeFORE THE FJU>lRATlON DAlE Tl1eR!OF. 'flIl1; lN$uRI!lIl Af'I'ORl>ING COIteRA~ WILL ENDEAV~ TO 1lIAI1,1L-. DAYS wRI1'TI!N NOTICe: TO TI'lt: CI!RT1I"lCA'J1: HOlDER NAM&O t1ERI:I~. DUr F"lLURE 1'0 MAIL SUC>t N01ICE SHA~L IMPOSE NO OIuGAno~ Oft LIAEllLI'J"Y Of' Nt'f KIND uPON THE lNSuAI" AFJ'OImING COVeRAGB. ITS ~ OR REPR!!SIiiN'l'AllIIES. OR THE ISSUER 01' MS ~TlI'ICATE. IlAT1IIl~ I).l' .'EldlllT MO~ItOP- COUNl'Y BOARO OF COUIllTV COMMISSIONERS 1100 SltoAO"TON STRIiIi.T KeV WEST. Fl. 33040 .D.~r:.AllE~ ~ IClPl'tIOJw. ....UAl!1) D IO'tMEIl, . .....,.'. " "l- -~~"#.~ :..J..' ~:...:' '. . .:;~.t". . ,......:: :\~.:~,.,.....;.::~~. .:~. ,. . .' ~'. ~." .: :::::: .;~t .::~~r~'. ;:~:: .....~.-<r iii .. "'NC. IlY FranC811l SigutBtli ~ .Jt,-aN. ,'''. ,'~ ..,<:r.... .......'> .'.. ..!-....v .~.~_:, ;.':'io'iii'ioi""" .~MM3(SIlI2r:' ...:.... ',.' .'. .:. ALlDASOF.:,. 'J':": :';. 2'd 2toEto-SS2 rSOEl en ..Jew-o H:It an eSE=11 EO 12 ~OO i:;'\~:~':""~:'>:':M A R:SfM.l~\/~.,;;tt~~'::i~~;:;:{,:~" :...:': "'~:'. ::~:.,!\~,.:.::,.,~.,.:.:I'-':~';::"~"'!,::":,::,,,:,: g ;O~:::,-;"';;;U:.'~;:' r;r.l'E~'.:~~>-'c~H~~e'~JE'N~~~~ . ~:~~':"":'. :. :'. '..<": : "~:':...tl~"~~(~:~~,~?''';.1i. :.....,' ;,;;;~,,:,'~':,BffiiiT~taJ..~:~rf.. ,"';~.,... .... ~~...~ .....~,,':...f}r-T;';..,I;.':: ATL-OI'lnIi07957.04 . _.,J....._..-.)".. .......1)'........."'_ _'."J.f...._.'..~. ........_L.... ~ . RODUCER .' THIS Cl:RTJFICATE IS ISSUED AS A MATTER OF I~FORMAYlON ONLY AND CDNrERS MARSH NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN TH~ - PO BOX 459010 pOUCY. THIS CERTIFICATE DOES NOT AM[ND, EXT!;ND OR AI"TEI'I THE COVERAGE Sl.Inrise,FL 33345.9010 AFFORDED BY THE POLICIES DESCRIDI:D HEREIN. ,,'__' _~.~~.MPANIES AFFORDING COVERAGE ,.-- COMPANY 2970-AU'::03-04 ORC35 WC .. A N/A ..........---- "--- ISURED COMPANY OCEAN REEF CLUB, INC_ B TRAVELERS INDEMNITY OF ILL. ATTN: SUZV ANDERSON . 35 OCEAN REEF DRIVE COMPANY SUITE 200 C N/A KEY LARGO. FI. 33037 .-....-. COMPANY D 'OVERP.:G~~~."" :,':i~'.::~ :~.!iI~~- tt:ti!'iif"~'!'~ Cli- . ~~~-H~-lt",'OSI$.i"-lll9~:I~~"l~tl~:'iJY~A~~;:.) ~~~~ ~... _............_..s......_ . ~ .'O~lL~~P_ . . ~<. ~.Il ~. _...P. Q ..... 'rHlS IS TO CERTIFY THAT POllCIF.S OF INSUAANCE DESCRH:::O H!:RElN HAIIC rn:CN ISSUED TO THE INf,I.IRF.D NAUF.O HEREIN fOR 'rHE POLICY P!:RJOD INDICATED_ rlOTWTWSTANDING AtN RGQUlREMEIIIT, TF.RU OR CONDrnOH OF A~ CONTRACT OR omen OOCUMl;1IIT Wlnl RESPECT TO WHICH THE CEI'O'II'ICATE MAY BC ISSUID OR MW PrnTAIN. THE INSURANCE; AI'FQR[)lD BY T1'1C POLIClC; OGSCRlDED HFRElN IS SU8Jt:CT TO All TME TERMS. CONOmONS ANO exCLIJSIONS OF SUCH f'OlICII:S..ACCREGATt: LIMITS SHOWN MAY HAVE BEEN ROlUCI:D BY PAlO CUlIMS. .. -.... 0 TYPE OF INSURANC[ poucy MUMlleR POLICY EFFECTM: POLICY EXPIRATION UMITS IR DATE fMMJDDIYYI DATE (MMJDDIYY) GF.IIERAL UABlUTY .pENERALAGGRI:GATt: $ - -- COMMERCIAl. GF.:NERAL LIAIIILI'l'Y !'RODUCTS - COMPIOP AGG S --:' ::=J ClAIMS MADE D OCCUR $ ~ l'rnSONf\L & ADV ~JURV ~ OWNCR'S & CONTAACTOR'S PROT ~~UB~!="'CE $ FIRE ~ (Any one life) $ M(]) (;Xp CArry one ller.Ionl S AUTOMOlJll.E UAOIUTY ... '\~~\~~~~.~ ~GEMENl' $ - AP . r\~ COMBINED 31NGLI:: LIMIT - ANY AUTO - f\LL OWNeD AUTOS BY "" ~.. '511,'> 03 BODILY INJURY S SCHEOULF.D AUTOS (f'fJ<pm;oll) - DATE - HII\ED AlITOS N/A.::i- ' I~,S - (l., ~ DODIL Y INJURY $ IlON.OWllfOAU10S WAIVER ". ac:clde~lI - rG~J . ~- - ~. -. PROP!;RTV llAMAG-O:: $ ." CARAGE UADIUTY a~ ~~ l!4" $ I-- AUTO ONLY. EA ACCIOF.HT ANY AUrO (h ~ 1;~'?:-;~11.~.~t'13i- ;:;i~$;:~~, I-- ( l/Mf OTHFR THAN AUTO ONlY: I-- -. ,flU 1<\ M ~ I"ACIj.!.\CflDENT $ I \ ll.JlA-'fl AGCREGATI: $ EXCESS 1.U\IJIUTY t:ACH OCCURRENCE $ 1- - UMDREUA t'OKM AGG~GATt IS - '" OTlfef( 'tHAN UMDRD.LA FORM $ WON Kt;tI,li COIIIPENSATlON AND TC2J-UB-4B7D13lS-6-03 05101/03 05/01104 X 110KY'llMin; I I OJ: ': ~~.~ ",:?:-.;;:: .~~~~:;;'1.i'Z'~'~ EMPLOYERS'L1AlliUlY , a [;ACH ACClDCNT $ 1,000,000 THJ: PROPRIF.TOf<l RmCL !;l DIS(;A$F-Pt)I.lCv liMn' $ 1.000,000 f'AH.1'NERSI[;l(I:CUTIVE OFFICf.RS Am:: F.:XCL a OISEASE.[;ACH EMPLOYCC $ 1,000,000 OTHER :SCRlf"TION OF OP~RATIONliILOCATIONSNEHICLES'SPECIAL ITEIIIS ~~!:I.~,I~~T:~;t';~~~~.~.!t;.'::~~.. 'L.'~~:,~2~\::L:~Li~\'~~.:.lj'.~:i~Li:~~ /' ~.~;,;i~'.~!l$2~~I9.~i~':'~"2;.~.:::.~~~~-:~ ,::~":' :~'2DS:,:~ : ~;; ';.~i0.:~:~';.:;i::,.';::~~QL; SHOULD ANY OF lME POLICIES DESCRIBED HEREIN BF. C~EI..lF:n nr:rORf: THr: [)C;PIRO\TION DATE THEREOF. 1HE IN~URF.n AFFor.OING COv~(;l! WILL ~NOEAVOft TO MAIL _..._30 DA"" Wfllnr;N NOllet TO THE Monroe County Board of County CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURF. TO MAll SveH NOTICf. SHALL IMPOSE NO OIJLKiAnON OR COmmiS5igners 5100 COllege Road LIABILITY OF N/V KIND UPON TtiF.INS\Jf<CH AFI'OHD1NG COVERAGE, m AGENTS Oft RE""ESF"'TATIW~.. O~ 1Hr Key Wasl, l=L 33030 I~:;\JCK OF mtJ CI!RTfFtcMl!. MARSH USA INC. DY: Frances Siguranl ;;,~ ~t&4 J "f .:.:;~ ... .... VALID AS' OF': 0510'8103" MO.. I'IIM1IJ1O~). : '. '. '. / 1 . d 2id~tr-~62 r ~OE) e,,!: .Jew- 0 H:II an d20:20 ED try ~OO Oct-Zl-Z003 I h2T Frolt"'Marsh CSU + r-m P OU3!OD3 F-531 .~Iz:,~I\.';~IVI,f'l\,'I~""'hI~':'~f.;~',~T"~; ~::7!:'l; ;.... ,;;~7.',~ ~""'." 'ilr.,~~~.a:.~vr 'U'~U~"1"."!F1~~-:: ATI . - .-:~ ~~.,~"~' .~." .~\,,'..' W'" ~;;....._:"'~~~~.LWo..,'..';"'. ...:....., .~.j::.......... ~ .. . . . '''t' .... ....:. - ~ ""OO~' ".. YI11$ CfllTfI'lCAU I' I"Ullll All _ IIATTJII Of INrOll."Y,ON ONL'f lUIll) eOMFEII$ M.rllh U$A. Ing. 110 1l1G1I'IS uP/M 't'IIE <:ERTII'IC~TE "O~DliR aTM.. '- "'"O:l~ ",OllIDIlI) IN 'Mil' P,) BOX 459010 POl.J(V, T'l1$ C'RT1P1Uni ~ES IIOT MIEllO, ElCliND OR Al.UIt THt CDVEIIAQE :)llIlnae, ';l :33345-0010 Al'lIClIIlltD IV Till ~uCIliS IlESC"O ItEIIElH. CONlPAMIES AFf'OROIMG COVERAG& '12219.ALL,MAIN.o3-0t oeRA. ALL CQMPAW A ARCH INSURANCE COMPANY IN'U~ ;.. OCEAN REEF COMMUNI1Y ASSOCIATION ;;s.:, OCtAN I(EEf ~IIIE. #220 ICI!Y LARGO, F\. 33037 Co-ANV D COMMERCE AND INDUSTRV INS CO CONPAIN C ST. PAUL FIRE , MAR INS CO .It COM""IN D ~Y.~~L;j:~'ht.~<i:.t'f.tlIi: .,. . .. .....:ib4.D~nbit.I!*{~.fQ/:Jh.;~~~~I,'~)~::, TtlIS 1$ '0 c:5lrnFY rw.T l'OI.ClES OF l..suM~' IlESRllED HillEN "'\IIi IIIN Issu!;D TO 'I'll; ~~ IlAMIlD H~_ FOR 'OtIi I'OLll:V ~O ItIIlICAT!D. N(n'WInI,1'AllCl!NCi N('f _auMOIII5HT, TSlM OR CONDITION OF AN" COMTMCr OROTlERllOClJMIiNT WITH flU~ TO _Qt ne CERrIFICATIi IIIA,V I' ISSUIlD OR _v P~'A1" TItIINS~1 N'l'DIIOIID II\' lI1lll'QUl;lI:1 QI!~ I1IlAElN.5 iuDolecT YO A&J. '!'HE TE-. CONOITIOnS AND ElICLU$IOM$ OJ SUCH I'OLlCIES. AGG~Te LMr&Sl4(IIMIIlIo\V.....VIl.Ee1 ~ED.... IIAlU (VI"'. CO LfIl polJCV ""'I;~i I'QI,ICT 1l11"",,,fIllN DATE CIIMIPIlI'fYl lI/Illi rMII/DCln'YI 10101/03 1010"04 nPli or: IlSURAMCC ..OUCV llU1I1I!lIl - A ~ME"Ill. UM4IUY UIiPK3047628 X c:e_IIC""'~~1JV tl_l CLAlMSflIADE [K] 0CCUfI. DVI'NIIR1II.;QHTRACfOR1lI"llOT r-I H. A .....TOIIo-.._1Y """"" .!. NIl AlIYO , '.-- Ai.l. OWNF.D AUTOS ~ tlC'1Cu1.fIMU'I'O!I ~ ItlfoED.wrOS ~ NO"IoOwJll6lAUfDS r-- MEPIC3047628 10101/03 10/01104 APP~ 1)(13\I\-:t~:< {J;.NAGE~ ~l BY ('d "\ ~3.: W ':;:;"Jr, f 1 i 1<11 0AT!= .b ',:Jl1 D ) )l...Q /) }',MtJb - '-::; - J 'OJfllo,..... '''i'. oJ.. . 11;." () 0_' 1WI1Uf'f --- ___ ""., ~o ........ 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I )UCR."O/ll ~ NEIIICLESlSI'ECw.. m:_ ~E: GRANT FOR OCEAN REEF VOLUNTEER FIRE DEPARTMENT 1Il0NROe COUNt", BOAAD oF COUNT'( COMMISSIONt;R5 ARt: INCLUDED AS ADDITION"'!. INSUR~ AS RESPECTS GIlliE""'" l.IABll.llV AND WTO 1.1A!'lIUTY. :U~~~~~a"'lI:' ""'r"" ~~....... ....,.. ....~. 'J. .' ',,', ...,..... C....t'.....TlftN...q. . . 'II IN.. . ~'Il:)';;t'I.. "'h':~' 0,1: .....I~' . . ..:: .,.... :' f ., .~...: ",.-.. ','. ,..,'.'\i . ~ .' ....,., ftf'ltI..5i.~.'''' " -.,- ~"',"i :I,"i:.;' ":. ~.""A~ i~I':o:... .>.~.~. ~n~'~'''' "'~"'4~.I't1 ;: J:t:+;J.\'" .'....r .,. ... .' ...... __fI# .v.t.....:......:.-..: r . ~~A\l...._... ..:-.~.~::.:......,..~.:.Iti...:.L:'~t."I...u_.._...:.....~... .~:.~::.~..::.:..' ~ ~I.I .':'4...;oa::~:"::~':":''''C!~_!'''''::~~J'~:~~.;t.i',::,,~~'i So4OUlO.... cw n.E -ICI~ o~~~_p "1:11.01 . CANCELlED IlEfllfllE '"l WlMl_ DIm! 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