02/18/2004 Agreement
AGREEMENT FOR REFURBISHING
Tavernier Fire Department's
1988 Emergency One 95' Platform Truck
THIS AGREEMENT made and entered into this 18th day of February, 2004, by and between
the Board of Governors of Fire and Ambulance District 1 of Monroe County, Florida, hereinafter
"COUNTY" and Emergency One Incorporated, hereinafter "CONTRACTOR."
WHEREAS, the COUNTY has determined that it is in the best interest of the public to enter into an
agreement with Contractor to refurbish a platform truck of its manufacture;
Now therefore, the parties hereto, for the consideration hereafter set forth, mutually agree as follows:
1. SCOPE OF WORK
The CONTRACTOR shall furnish all labor, materials, equipment, machinery, tools, apparatus, and
transportation and perform all work as described in the Specifications attached as Exhibit A, for the
refurbishment of one 1988 Emergency One 95' Platform Truck, County Identification Number 1437-
288, VIN #IF9D8BA89J1037252.
2. CONTRACT SUM
The COUNTY agrees to pay for the refurbished apparatus in the manner as set forth in the contract
documents the sum of ONE HUNDRED FIFTY THOUSAND, SIX HUNDRED NINETY SIX AND
NO CENTS ($150,696.00), which includes all ofthe work described in the attached specifications.
There is also a contingency amount of $5,000.00 included in the above sum and any portion of the
contingency fee not used shall be deducted from the final invoice to be paid to the CONTRACTOR
within 30 working days after acceptance of the fire apparatus at the Monroe County Fire Rescue
Office, Marathon, Monroe County, Florida. Acceptance shall occur after the unit is received,
inspected and found to comply with specifications, free of damage or defect and properly invoiced.
3. GENERAL PROVISIONS
a. The CONTRACTOR agrees to indemnify the COUNTY and hold the COUNTY
harmless from and against all claims, damages, losses and expenses, including
reasonable attorneys' fees in any action arising out of performance of the work herein,
including bodily injury, illness or death, or for property damage including loss of use,
resulting from the CONTRACTOR'S work.
b. The CONTRACTOR, warrants that it has not employed, retained or otherwise had act
on its behalf any former County officer or employee subject to the prohibition of
Section 2 of Ordinance No.01O-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the
County may, in its discretion, terminate this contract without liability and may also, in
its discretion, deduct from the contractor purchase price, or otherwise recover, the full
amount of any fee, commission, percentage, gift, or consideration paid to the former
County officer of employee.
Page 1 of 5
4. CONTRACT TERM
a. The Contract shall commence on the date on which the Contract is signed by the last
party of the two parties signing the Contract. Delivery to be within one hundred twenty
(120) calendar days after receipt of order.
b. The CONTRACTOR will not be held liable for delay in delivery caused by strikes,
inability to obtain materials or equipment, production or manufacturing problems with
pre-manufactured components to be obtained by CONTRACTOR from vendors. The
CONTRACTOR shall not be liable for any incidental damages caused by delays in
delivery.
5. PAYMENT
a. The CONTRACTOR shall invoice the COUNTY, in accordance with the pricing and
terms as outlined in the contract documents. Invoices shall be submitted to the Monroe
County Fire Rescue Office, 490 63rd Street, Ocean, Marathon, Florida 33050, for
approval and processing. If the contract period exceeds one fiscal year, payment is
contingent upon annual appropriation by the County.
b. All payments shall be made directly to the CONTRACTOR at the CONTRACTOR
office, 1601 SW 37th Ave., P.O. Box 2710, Ocala, FL 34478.
6. MODIFICATIONS AND AMENDMENTS
Any and all modifications to the specifications_of the goods required, and! or cost of goods to be
delivered, shall be amended by an Agreement Amendment, which must be approved by the Board of
Governors of Fire and Ambulance District 1, Monroe County, Florida, and such modification shall not
become effective until approved in writing by the COUNTY.
7. INDEPENDENT CONTRACTOR
At all times and for all purposes hereunder CONTRACTOR is an independent contractor and not an
employee of the Board of County Commissioners of Monroe County, Florida. No statement contained
in this Agreement shall be construed so as to find the CONTRACTOR or any of his /her employees,
contractors, servants, or agents to be employees ofthe Board of County Commissioners of Monroe
County, Florida, and they shall be entitled to none ofthe rights, privileges, or benefits of employees of
Monroe County.
8. SUBCONTRACTING/ ASSIGNMENT
CONTRACTOR shall not assign, sublet, subcontract, sell or transfer any interest in this contract
without the prior written consent ofthe COUNTY thereto.
9. NOTICE - GENERAL
Any notice or notices required or permitted to be given pursuant to this contract maybe personally
served on the other party by the party giving such notice, or may be served by certified mail, return
receipt requested, to the following addresses:
Page 2 of 5
PURCHASER:
Monroe County Board of Governors of
Fire and Ambulance District 1
Fire Rescue Department
490 63rd Street, Ocean
Marathon, Florida 33050
CONTRACTOR:
Emergency One Incorporated
1601 SW 37th Ave.
P.O. Box 2710
Ocala, FL 34478
10. ANTI DISCRIMINATION
CONTRACTOR agrees they will not discriminate against any oftheir employees or applicants for
employment or against persons for any other benefit or service, because oftheir race, color, religion,
sex, or national origin, or physical or mental handicap where the handicap does not affect the ability of
an individual to perform in a position of employment and to abide by all Federal and State laws
regarding non-discrimination.
11. CONTRACTOR - GENERAL
The CONTRACTOR warrants that it is authorized by law to engage in the performance ofthe
activities encompassed the program herein described, subject to the terms and conditions set forth in
the Attachments, which are attached hereto and incorporated herein as part ofthis Agreement. Each of
the signatories for the CONTRACTOR below certifies and warrants that:
1. The CONTRACTOR'S name in this Agreement is the full name as designated in its
corporate charter, if CONTRACTOR is a corporation; otherwise CONTRACTOR'S
name is the business entity, whether partnership of sole proprietorship, under which
CONTRACTOR normally conducts business.
2. They are empowered to act and contract for the CONTRACTOR, and
3. This Agreement has been approved by the Board of Directors of CONTRACTOR, if the
CONTRACTOR is a corporation.
4. A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit
bids on leases of real property to public entity, may not be awarded or perform work as
a contractor, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017, for CATEGORY TWO for a period of36 months
from the date of being placed on the convicted vendor list.
Page 3 of 5
12. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement of the parties hereto with respect to the subject matter
hereof and superseded any and all prior agreements with respect to such subject matter between
CONTRACTOR and the FIRE RESCUE Office or the COUNTY.
13. CONSENT TO JURISDICTION
This Agreement, its performance, and all disputes arising hereunder, shall be governed by the laws of
the State of Florida, and both parties agree that a proper venue for any action shall be in Monroe
County.
14. CONDITIONS OF TERMINATION
a. The performance of work or provision of goods under this agreement may be
terminated, delayed, or temporarily suspended by the COUNTY, in whole or in part,
from time to time, wherever the COUNTY shall determine that such termination is in
the best interest of the COUNTY. The COUNTY shall pay all reasonable costs
incurred by the CONTRACTOR up to the time of termination, and all reasonable costs
to the CONTRACTOR associated with termination.
b. If the CONTRACTOR fails to fulfill the terms ofthis agreement, or attachments,
properly or on time, or otherwise violates the provisions of the agreement or of
applicable laws or regulations governing the use of funds, the COUNTY may terminate
the contract by written notice of 15 days. The notice shall specify cause. The
COUNTY shall pay the CONTRACTOR fair and equitable compensation for expenses
incurred prior to termination of the agreement, less any amount of damages caused by
the CONTRACTOR'S breach. If the damages are more than compensation payable, the
CONTRACTOR will remain liable after termination and the COUNTY can
affirmatively collect damages.
15. INSPECTION AND CORRECTIONS
The COUNTY shall have the right to inspect the fire apparatus at the factory and at the time and place
of delivery. Time limited on acceptance and discrepancy correction shall be as stated in attached
Specification. In the event of any deviations from specifications, the CONTRACTOR shall have the
necessary time to inspect the apparatus and make any necessary changes or corrections. Nothing in
this paragraph shall affect any warranties for the apparatus, patent and royalty indemnification, or any
other obligation of the CONTRACTOR under this agreement (including the Specifications which are a
part hereof) extending beyond the date of the COUNTY'S acceptance of the fire apparatus.
Page 4 of 5
16. WARRANTY
The Contractor warranties that the refurbishment and work performed under this agreement shall
render the equipment fit for the purposes of firefighting. The CONTRACTOR shall not be liable for
incidental damages resulting from a breach of any warranty.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the date first above written.
BOARD OF GOVERNORS OF FIRE AND AMBULANCE DISTRICT 1
MONROE COUNTY, FLORI~
BY ,,{ -v. r
David Rice, Chair Pro Tern
noLo
EMERGENCY ONE INCORPORATED
AUTHORIZED REPRES~T A TNE-/~7"
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Page 5 of 5
EXHIBIT A
TO AGREEMENT FOR REFURBISHING
Tavernier Fire Department's
1988 E-One 95' Platform Truck
SPECIFICATIONS
AERIAL OVERHAUL AND UPGRADE:
The aerial device shall be removed from the chassis. It shall be removed from the tumtable up as
one assembly.
The aerial device shall be completely dissembled for inspection and evaluation including the
platform. (If so equipped.)
Upon disassembly all aerial sections shall be thoroughly inspected evaluated and minor repairs
made as required. Should major repairs or replacement of an aerial section be required the fire
department shall be notified of any additional cost prior to additional repair or replacement of the
aerial section.
After completion of the inspection, evaluation and repair of the aerial sections, they shall be acid
washed, detailed, re-swirled and readied for reassemble.
All aerial hydraulic cylinders shall be removed and replaced with new cylinders; the cylinders shall
be painted before installation. The turntable shall also be repainted prior to reassembly.
The control console located on the tumtable shall be removed and replaced with a new console
including current production style control valves. These valves shall have manual overrides
located at the ladder base.
All hydraulic-lines and hoses located in the base section and turntable shall be removed and
replaced with new.
The hydraulic pump and control system shall be inspected and repaired as required. Should
replacement of one of the components be required the fire department shall be notified of any
additional cost prior to replacement.
All existing cables, pulleys, pins, slide pads and wiring including intercom system shall be
thoroughly inspected, evaluated and replaced as required to ensure trouble free operation.
If so equipped the waterway shall be removed, inspected and resealed. Should replacement of a
waterway section be required the fire department shall be notified of the additional cost prior to
replacement.
If so equipped, the monitor system shall be checked for proper operation and repaired as
required. Should replacement of an electrical or hydraulic motor be required the fire department
shall be notified of any additional cost prior to replacement. The monitor shall be cleaned and
painted job color.
Exhibit A
Page 1 of 4
. The existing hydraulic swivel shall be removed inspected and rebuilt. Should the swivel require
replacement, the fire department will be notified of the additional cost prior to replacement of the
swivel.
Upon rebuilding of the swivel it shall be reinstalled onto the chassis.
The rotation bearing and gears shall be inspected lubricated and adjusted as required. Should
replacement of either item become necessary, the fire department shall be notified of the
additional cost prior to replacement.
The rotation motor shall be removed inspected and tested. Should the rotation motor require
replacement, the fire department shall be notified of the additional cost prior to replacement.
Upon completion of testing, the rotation motor shall be repainted and reinstalled.
The base section aerial mounting weldments and tumtable shall be inspected cleaned and
repainted prior to reinstalling the aerial device.
All hydraulic fluids and filters shall be replaced with new.
The aerial device shall be reassembled and reinstalled onto the chassis. New heat sensor strips
shall be applied as required by NFPA.
Upon reinstallation of the aerial device onto the chassis and proper adjustments made it shall be
third party tested and certified to the standard that was in affect at the time the unit was originally
manufactured.
JACK SYSTEM OVERHAUL AND UPGRADE:
The existing jacklegs shall be disassembled and removed from the chassis for inspection and
evaluation.
All hydraulic jackleg cylinders shall be removed and replaced with current production style
cylinders. All jack leg pins, bushings and bearings shall be removed and inspected and replaced
as required. If the existing pins do not have grease fittings they shall be replaced with current style
pins with grease fittings.
The new hydraulic cylinders shall be painted and readied for installation.
The existing jackleg weldments shall be modified as required for the installation of a new electric
over hydraulic jack deployment control system. New nylatron and bronze pads shall be installed in
each jackleg assembly.
The existing manual hydraulic control valves located at the rear of the apparatus shall be removed
and discarded A new electric over hydraulic jack deployment system shall be retrofitted in place of
the existing controls
The new system shall allow for the individual operation of each jackleg for deployment. The
control of each jackleg shall be done by an electric switch mounted at the rear of the vehicle and
shall allow the operator to have a clear view of the jackleg being deployed.
The existing chassis hydraulic system shall be removed and a new system that shall include all
required electrical hamesses, valves, hydraulic lines except for stainless steel which shall be
inspected and replaced As needed shah -e installed to upgrade the chassis system to the new
electric over hydraulic controls.
Exhibit A
Page 2 of 4
. The hydraulic system shall be drained and thoroughly flushed. New hydraulic fluid and filters shall
be installed.
Upon completion of installing all required components for the new jack deployment system the
jacklegs shall be reassembled and reinstalled on to the chassis.
Upon reassemble and upgrade of the jack deployment system the unit shall be third party tested
and certified. Should the department choose to upgrade the jack system only, any defects found
with the upper aerial devise while third party testing will require the fire department to be notified.
WATERWAY BYPASS
Due to the age and condition of the current waterway, the existing waterway is a structural part of
the frame; therefore a waterway bypass will be constructed of stainless steel to run from the pump
top the rear of the unit. There will be a slight loss of compartmentation due to the new stainless
steel plumbing.
PTO HOTSHIFT
Power take-off for the automatic transmission shall be a hydraulic shift with a switch located in the
cab. Hydraulic shift will allow the PTO to be engaged while the unit is in motion and without having
to shut down the water pump.
GENERATOR ACCESS DOOR
Remove the existing generator access door and replace it with expanded aluminum trimmed with
diamond plate to allow for proper cooling of the generator.
PUMP PANEL UPGRADE
The gauges on the unit pump panel shall all be removed and replaced with the current OEM style
liquid filled gauges are to be used. In addition, install NFPA compliant current production style
push pull handles for the controlling of the plumbing valves.
REAR SUSPENSION
The rebuilding of the rear suspension shall include new bushings and hardware and a further
inspection of the suspension after disassembly for any additional repairs.
DRAIN VALVES
All of the drain valves that are currently on the unit shall be replaced with % turn open valves
instead of the push pull valves currently used.
PUMP PANEL LIGHTING
Remove the existing pump panel lights and install Weldon #2030 light shall be mounted under the
light shield to the existing pump panel lights, directly above the pump panel. The light shall be
switched with pump panel lights.
CAB SWITCHES
All cab switches shall be removed and replaced with original manufacturers style switches unless
they are obsolete. If they are, current production style switches are to replace all switches in the
cab.
SPOT LIGHTS
Remove the upper front cab corner spotlights from the unit and weld the existing holes. There
are two lights, one on the driver's side and one on the passenger's side.
Exhibit A
Page 3 of 4
. HANDHELD SPOTLIGHT
A hand held spotlight shall be provided with a minimum of one hundred thousand-candle power
lamp. It shall be in a corrosion proof housing with a protected momentary switch to prevent
accidental activation. A minimum eight feet of heavy duty coiled cord will be supplied and it shall
be hard wired in the cab area and accessible to the driver and passenger.
STEP LIGHTING UPGRADE
Install 4 recessed step lights in the beavertails of the aerial to illuminate the stepping surfaces,
Stainless steel construction.
ROLLERLESS PLATFORM
Remove all existing roll out platforms and replace them with a roller less platform, which has a
non-skid surface.
TAIL LIGHT UPGRADE
Two (2) Whelen model 600 series L.ED. (Light Emitting Diode) lights with one (1) Whelen 600
series halogen light shall be installed, each side at rear, in place of standard and wired with
weatherproof connectors.
Light functions shall be as follows:
L.E.D. red running light with red brake light in outboard position.
L.E.D. amber turn signal in middle position.
Halogen 27 watts clear backup light in lower position.
A one-piece polished aluminum trim casting shall be mounted around the three (3)
individual lights in a horizontal position.
SCBA BOTTLE TUBE STORAGE
An 8" diameter air bottle holder shall be provided at the wheel well area of the rear axle. A bead of
caulking shall be applied around the perimeter of the cast aluminum housing. The bottles shall be
held in place by an aluminum-hinged door casting with a positive catch latch.
SPOT LIGHT UPGRADE
Remove existing deck lights and replace with Collins lights.
TAKE OFF PARTS
All take off parts are to be boxed and retumed to the customer upon completion of repairs.
Exhibit A
Page 4 of 4
su~ of Fe4eloI SIgnal Cctporazlon.
COST OF REPAIRS
Point of Impact: Upgrades COST
Outrtaer uDarade to a 95' Platform (includes new visual leveler gauge) $ 39,563.00
Monitor to have heavy duty wiring
Aerial outrigger to a 95' Platform $ 81,136.00
Instan a waterway bypass $ 9,500.00
PTO hotshifl $ 1,745.00
Replace aenerator access door on offICer's side with expanded metal plate $ 215.00
to have diamond plate trim
Replace all gauges on the Dumo oanel with new style gauges $ 679.00
Replace all Dush pull handles on DumD Danel with current production style $ 1,680.00
(COLOR CODE GAUGES AND HANDLES)(Figurina12 handles& rods
Rebuild rear suspension( reolace bushinas and hardware, inspect for additional) $ 2,621.00
ReDlace all drain valves with 1/4 turn instead of push- pull $ 1 ,255.00
Install current production stvle Dumo Danelliahtina $ 225.00
Install all new switches in the cab ( New stvle or original) $ 700.00
Remove SDoUiahts mounted on front cab comers, weld holes $ 200.00
Install handheld sootJiaht on the officer's side of dash hardwired. $ 181.00
Uodate sleD IlahtJna for aerial steDs ( Four Iiahts) $ 245.00
SWitch all Dlatfonns from slide out to rollerless type (PER STEP) $ 1,235.00
Weld repair at rear of driver's wheel well and body extrusion nic
UDarade rear tailllaht assemblies to Whelen cast stoP! taill turn $ 1,481.00
Install {~n SCBA bolUe tube storaae tubes on each wheel well $ 1,8S0.00
Remove current deck lights on aerlal olatform front faCing and replace with $ 1,145.00
Collins Iiahts
All take off Darts to be boxed and returned to customer (except in 4-dr conv.)
TOTALS $ 145,696.00
TOTAL ESTIMATED LABOR @ $73.00 P/H $ .
PAINT MATERIALS @ 520.00 PIH $ .
TOTAL ESTIMATED REPAIR COST $ 145,696.00
Customer:
Dealer:
S/O#:
VIN#:
MilEAGE:
Prepared by:
Monroe County Fire
E-Dne
6004
1 FSDBBA89J 1 037252
UNKNOWN
RJ Miller
.S" denotes Sublet Repair
.p" denotes Paint Hours
Thiel. en....we 01 repar. only. E-One Inc. reseMlS Ihe rIgIlllo lIUIln1t for additlonBl1'Bf1lI """ IBbor
cllarges shcYId It be requlrad cUtng Ihe actual repair process of the vehicle clue to hlddetl 01 unforeseen ds/Tl8l9&.
12/8/2003
Page 1
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
t:-- OIJ~
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that
will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining
a drug-free' workplace, any available drug counseling, rehabilitation, and employee assistance programs,
and the penalties that may be imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are under bid a
copy of the statement specified in subsection (I).
4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the
commodities or contractual services that are under bid, the employee will abide by the terms of the
statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any
violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any
state, for a violation occurring in the workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation
program if such is available in the employee's community, or any employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this
section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
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LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
Ot2..e..I.-U (~E~
warrants that he/it has not employed, retained
or otherwise had act on his/its behalf any former County officer or employee in violation of
Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County
may, in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or employee.
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STATE OF
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COUNTY OF
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
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who, after first being sworn by me, affixed his/her
signature (name of individual signing) in the space provided above on this d~ ~ day of
IDOl uc:-~ ' 20~.
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THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
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ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGI!
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PRODUCTS. COMPIOP AGG S
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A GENERAL LIABILITY
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COM:ANY AMERICAN HOME ASSURANce co.
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CA 6612638 (AOS)
CA 6612639 (MA)
CA 6612640 (TX)
CA 6612641 (VA)
PHVSICAl DAMAGE IS
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11/01/2003
11/01/2004
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1,000,000
500,000
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500,000
~eFeRENCESO. 6004 V1N# 1F9D9BA89J1037252
:ERTlFICATli; HOLDER AS ADDITIONAL INSURED WITH REGARD TO THE REFURBISH OF F1RETRUCK PER THE TERMS OF THE CONTRACT.
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IHOULD IW'f OF TH!; A.OVII. DI!:SCRI8ED POLICIES BE CAJIIC."~'D BEFOIlE THE
EXl'lRATlON DATE Ttl&A.EOJ:, THE; ISSUING COMPANY WILL ENDEAVOR TO MAIL
30 DAYS WIlI~H NOTICIl TO TloIlt C~R"IFIC"TI! HOI.DF-It NAMI!D TO THE LEFT
BUT fAILURE TO MAIL SUCH NOTICE SHALL IMPOSE I\lO OBUGATION OR LIABILITY
OF ANY KIND UPON THE COMP~'I', ITS AGENTS Oft IlI!PRIiSIiNTATIVE:S.
^UTHORIZED REP TATIV A 51( SERVICES. INC. or IL
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MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
1100 SIMONTON STREET
KEY WEST, FL 33040
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