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A. The OWNER shall make progress payments to the PROVIDER on the basis of the approved <br />partial payment request as recommended by OEM in accordance with the provisions of the <br />Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. <br />5.02 Pay Requests. <br />A. Each request for a progress payment shall contain the PROVIDER'S certification. All <br />progress payments will be on the basis of progress of the work measured by the schedule <br />of values established, or in the case of unit price work based on the number of units <br />completed. <br />5.03 Paragraphs 5.01 and 5.02 do not apply to construction services work purchased by the County as <br />OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws <br />and regulations or requirements that are contrary to any provision of the Local Government Prompt <br />Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant <br />requirements and guidelines. <br />ARTICLE 6 - INDEMNIFICATION <br />6.01 PROVIDER shall indemnify and hold harmless the OWNER, and its officers and employees, from <br />liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to <br />the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the <br />PROVIDER and persons employed or utilized by the PROVIDER in the performance of the Work. <br />ARTICLE 7 - PROVIDER'S RESPONSIBILITIES <br />7.01 In order to induce OWNER to enter into this Agreement PROVIDER makes the following <br />representations: <br />A. Provider will deliver temporary health care staffing to the PSN shelter within sixteen (16) hours <br />of the request. Initial request will be made by telephone with a follow up email from the OEM. <br />The services will be provided during a proposed shelter opening for a disaster event that could <br />impact Indian River County. <br />B. Provider will deliver professional and efficient temporary health care services twenty-four (24) <br />hours a day, seven (7) days a week during PSN shelter activation. Meals will be provided to staff <br />housed at the shelter, and shower facilities are available in close proximity to the shelter. <br />C. Provider will provide one (1) or more of the following staffing teams to the County PSN shelter <br />for a twelve (12) hour shift: Two (2) nurses (at least one of which is a Registered Nurse), Six (6) <br />Certified Nursing Assistants or Home Health Aides, and One (1) Respiratory Therapist. <br />Emergency Medical Technicians (EMTs) can be substituted for a CNA as long as they have their <br />National Registry Certification. <br />D. Provider personnel shall have at least one (1) year of documented experience in specified job <br />classification. <br />11 <br />