Item C13 1 CLAjt14-
County of Monroe BOARD OF COUNTY COMMISSIONERS
Florida • Mayor George Neugent, District 2
The l n Keys -'�� • ° �" Mayor Pro Tem David Rice, District 4
Danny L. Kolhage, District 1
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
February 15, 2017
Agenda Item Number: C.13
Agenda Item Summary #2632
REVISED BACKUP: Final Agreement with its Exhibit A. now attached.
BULK ITEM: Yes DEPARTMENT: Emergency Management
TIME APPROXIMATE: STAFF CONTACT: Jeff Manning (305) 289 - 6325
N/A
AGENDA ITEM WORDING: Fishermen's Hospital Mitigation Grant Application Approval to
submit an application on behalf of Fishermen's Hospital to Florida Division of Emergency
Management for a Pre - Disaster Mitigation Grant in the amount of $3,979,500. Monroe County will
not provide funding for this project. The project will retrofit the Hospital by providing a code -
compliant roof, impact resistant glazing, structural hardening, and installation of a redundant
generator system, to help ensure operability during a severe weather or other emergency event.
ITEM BACKGROUND: Fishermen's Hospital applied to Federal Emergency Management
Agency (FEMA) for a Pre - Disaster Mitigation Grant to harden the hospital to help protect against
hurricanes and other severe weather. Per FEMA regulations, a local jurisdiction must apply on
behalf of the hospital. Monroe County staff have drafted an inter -local agreement to receive and
administer this grant IF awarded by FEMA. Currently there is no award and no obligation. The
total amount of the hardening project is $3,979,500. The federal share, 75 %, or $2,984,625 would
be awarded by FEMA. The remaining non - federal share, 25 %, or $994,875, would be the
responsibility of Fishermen's Hospital.
PREVIOUS RELEVANT BOCC ACTION:
This is a new grant application
CONTRACT /AGREEMENT CHANGES:
New Application
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
REVISED C13 DOCS Engineering - Fishermen's Hospital - Agreement for Enhanced Hazard
Mitigation Feb. 2017 v6 clean 2 14 17
FINANCIAL IMPACT:
Effective Date: To Be Determined.
Expiration Date:
Total Dollar Value of Contract: See details in Item Background.
Total Cost to County: None.
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match: None.
Insurance Required:
Additional Details: See details in Item Background.
REVIEWED BY:
James Callahan Completed 02/01/2017 2:40 PM
Pedro Mercado Completed 02/01/2017 2:41 PM
Budget and Finance Completed 02/01/2017 3:48 PM
Maria Slavik Completed 02/01/2017 3:50 PM
Kathy Peters Completed 02/01/2017 4:06 PM
Board of County Commissioners Pending 02/15/2017 9:00 AM
AGREEMENT FOR ENHANCED HAZARD MITIGATION
MONROE COUNTY
FISHERMEN'S HOSPITAL INC.
THIS AGREEMENT is made and entered this 15 day of February, 2017 by and
between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,
a political subdivision of the State of Florida (hereafter "County "), whose address is 1100
Simonton Street, Key West, Florida, 33040, and FISHERMEN'S HOSPITAL, INC., a Florida
Not For Profit Corporation (hereafter "Fishermen's "), whose address is 3301 Overseas Highway,
Marathon, Florida, 33050.
WHEREAS, Fishermen's has applied to the Florida Department of Emergency
Management (FDEM) for a FEMA Pre - Disaster Mitigation (PDM) Grant; and
WHEREAS, FEMA awards PDM grant funds to State, U.S. Territory, and Federally
recognized tribal Applicants, who in -turn provide sub - awards to local government sub -
applicants; and
WHEREAS, individual homeowners, businesses, and private non - profits may apply for
funding through eligible local government sub - applicants; and
WHEREAS, the County, as an eligible local government sub - applicant, has applied for a
FDEM PDM grant on behalf of Fishermen's; and
WHEREAS, County and Fishermen's desire to set forth each parties duties, rights and
obligations;
NOW THEREFORE, in consideration of the mutual promises and conditions contained
herein, the parties agree as follows:
1. AGREEMENT PERIOD. This agreement is for the period of February 15, 2017
through November 30, 2017. This agreement shall remain in effect for the stated period unless
one party gives to the other written notification of termination pursuant to and in compliance
with paragraph 11 below.
2. AMOUNT OF AGREEMENT, PAYMENT AND PROCUREMENT PROCESS.
The County shall provide an amount to Fishermen's commensurate with the awarding of funds,
if any, pursuant to Subgrant Project Application number PDMC- PJ- 04 -FL- 2016- 001(attached
Exhibit A). The County shall be allowed to retain administrative fees for its services where such
fees are provided for. Payment for expenditures permissible by law and County policies shall be
made through reimbursement to Fishermen's upon presentation of Application for Payment
Summary, invoices, canceled checks, before and after pictures, County Representative signature
of inspection and other documentation necessary to support a claim for reimbursement. It shall
be necessary for the Fishermen's to contact the County Social Services Division (Matt Massoud
— phone: (305) 292 -4405, e-mail: Massoud- Matt @monroecounty - fl.gov or Sheryl Graham —
phone (305) 292 -4510, e-mail: Graham - Sheryl @ monroecounty - fl.gov) and to arrange for
inspection upon the completion of work for which Fishermen's seeks reimbursement. It shall be
the responsibility of the project manager for Fishermen's to initiate the communication with the
Monroe County Social Services Division to facilitate the inspection of the work. The application
for payment document must be certified through a statement signed by an officer of the
Fishermen's organization and notarized, declaring that representations in the invoice are true and
factual.
All work for which grant funds are to be expended must be completed within 180 days of
commencement of the work and all invoices pertaining to this project shall be submitted to the
Finance Department of Monroe County no later than 210 days after the commencement of the
work to be considered for payment. "Commencement of the work" shall be deemed to occur
upon the earliest date the permits required to proceed with any portion of the work have been
approved by the permitting authority.
Procurement of all goods and services funded under this agreement shall comply with
applicable grant requirements and Monroe County Purchasing Policies and Procedures.
3. RECORDS AND REPORTS. Fishermen's shall keep such records as are
necessary to document the performance of the agreement and expenses as incurred, and give
access to these records at the request of the County, the State of Florida, the Florida Department
of Emergency Management or authorized agents and representatives of said government bodies.
Fishermen's shall also provide such access to the personal Property and equipment purchased
under this agreement. It is the responsibility of Fishermen's to maintain appropriate records in
accordance with generally accepted accounting principles consistently applied to insure a proper
accounting of all funds and expenditures. Fishermen's understands that it shall be responsible
for repayment of any and all audit exceptions which are identified by the Auditor General for the
State of Florida, the Florida Department of Emergency Management, the Clerk of Court for
Monroe County, the Board of County Commissioners for Monroe County, or their agents and
representatives. If an audit determines that monies paid to Fishermen's pursuant to this
agreement were spent for purposes not authorized by this agreement, Fishermen's shall repay the
monies together with interest calculated pursuant to Sec. 55.03, F.S. running from the date the
monies were paid to Fishermen's.
4. PUBLIC ACCESS. The County and Fishermen's shall allow and permit
reasonable access to, and inspection of, all documents, papers, letters or other materials in its
possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and
made or received by the County and Fishermen's in conjunction with this agreement; and the
County shall have the right to unilaterally cancel this agreement upon violation of this provision
by Fishermen's.
5. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the
terms of this agreement shall be only amended in writing and approved by the Board of County
Commissioners for Monroe County. The terms, covenants, conditions, and provisions of this
agreement shall bind and inure to the benefit of the County and Fishermen's and their respective
legal representatives, successors, and assigns.
6. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder,
Fishermen's is an independent contractor. No statement contained in this agreement shall be
construed as to find Fishermen's or any of its officers, employees, contractors, servants or agents
to be employees of the Board of County Commissioners of Monroe County, and they shall be
entitled to none of the rights, privileges or benefits of employees of Monroe County.
7. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall
be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe
County in his or her individual capacity, and no member, officer, agent or employee of Monroe
County shall be liable personally on this agreement or be subject to any personal liability or
accountability by reason of the execution of this agreement.
8. COMPLIANCE WITH LAW. In carrying out its obligations under this
agreement, Fishermen's shall abide by all statutes, ordinances, rules and regulations pertaining to
or regulating the provisions of this agreement, including those now in effect and hereafter
adopted. Any violation of said statutes, ordinances, rules or regulations shall constitute a
material breach of this agreement and shall entitle the County to terminate this agreement
immediately upon delivery of written notice of termination to Fishermen's.
9. NON - WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec.
768.28, Florida Statutes, the participation of the County and Fishermen's in this agreement and
the acquisition of any commercial liability insurance coverage, self - insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of immunity to the
extent of liability coverage, nor shall any contract entered into by the County be required to
contain any provision for waiver.
10. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from
liability, exemptions from laws, ordinances, and rules and pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of officers, agents, or
employees of any public agents or employees of the County, when performing their respective
functions under this agreement within the territorial limits of the County shall apply to the same
degree and extent to the performance of such functions and duties of such officers, agents,
volunteers, or employees outside the territorial limits of the County.
11. TERMINATION FOR BREACH. The County may immediately terminate this
agreement for any breach of the terms contained herein. Such termination shall take place
immediately upon receipt of written notice of said termination. Any waiver of any breach of
covenants herein contained to be kept and performed by Fishermen's shall not be deemed or
considered as a continuing waiver and shall not operate to bar or prevent the County from
declaring a forfeiture for any succeeding breach either of the same conditions or of any other
conditions. Failure to provide County with certification of use of matching funds or matching in-
kind services at or above the rate of request for reimbursement or payment is a breach of
agreement, for which the County may terminate this agreement upon giving written notification
of termination.
12. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the
parties hereto with respect to the subject matter hereof and supersedes any and all prior
agreements with respect to such subject matter between the Fishermen's and the County.
13. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. 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. This agreement is not
subject to arbitration. 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.
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this agreement, the County and Fishermen's agree that venue
shall lie in the appropriate court or before the appropriate administrative body in Monroe
County, Florida.
If any term, covenant, condition or provision of this agreement (or the application thereof
to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court
of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this
agreement, shall not be affected thereby; and each remaining term, covenant, condition and
provision of this agreement shall be valid and shall be enforceable to the fullest extent permitted
by law unless the enforcement of the remaining terms, covenants, conditions and provisions of
this agreement would prevent the accomplishment of the original intent of this agreement. The
County and Fishermen's agree to reform the agreement to replace any stricken provision with a
valid provision that comes as close as possible to the intent of the stricken provision.
The County and Fishermen's 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 attorney's fees, court costs,
investigative, and out -of- pocket expenses, as an award against the non - prevailing party, and shall
include attorney's fees, court costs, investigative, and out -of- pocket expenses in appellate
proceedings.
14. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and
Fishermen's agree that all disputes and disagreements shall be attempted to be resolved by meet
and confer sessions between representatives of each of the parties. If the issue or issues are still
not resolved to the satisfaction of the parties, then any party shall have the right to seek such
relief or remedy as may be provided by this agreement or by Florida law. This agreement shall
not be subject to arbitration.
15. COOPERATION. In the event any administrative or legal proceeding is
instituted against either party relating to the formation, execution, performance, or breach of this
agreement, County and Fishermen's agree to participate, to the extent required by the other
party, in all proceedings, hearings, processes, meetings, and other activities related to the
substance of this agreement or provision of the services under this agreement. County and
Fishermen's specifically agree that no party to this agreement shall be required to enter into any
arbitration proceedings related to this agreement.
16. ETHICS CLAUSE: Fishermen's warrants that it has not employed, retained or
otherwise had act on 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 the provision the County may, at its
discretion terminate this agreement without liability and may also, at its discretion, deduct from
the agreement or purchase price, or otherwise recover, the full amount of any fee, commission,
percentage, gift, or consideration paid to the former or present County officer or employee. The
County and Fishermen's warrant that, in respect to itself, it has neither employed nor retained
any company or person, other than a bona fide employee working solely for it, to solicit or
secure this agreement and that it has not paid or agreed to pay any person, company, corporation,
individual, or firm, other than a bona fide employee working solely for it, any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award or making of
this agreement. For the breach or violation of the provision, Fishermen's agrees that the County
shall have the right to terminate this agreement without liability and, at its discretion, to offset
from monies owed, or otherwise recover, the full amount of such fee, commission, percentage,
gift, or consideration.
17. COVENANT OF NO INTEREST. County and Fishermen's covenant that neither
presently has any interest, and shall not acquire any interest, which would conflict in any manner
or degree with its performance under this agreement, and that only interest of each is to perform
and receive benefits as recited in this agreement.
18. CODE OF ETHICS. County agrees that officers and employees of the County
recognize and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to,
solicitation or acceptance of gifts; doing business with one's agency; unauthorized
compensation; misuse of public position; conflicting employment or contractual relationship; and
disclosure or use of certain information.
19. PUBLIC ENTITY CRIME STATEMENT: 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 an agreement to provide any goods or services to a public entity, may not submit a bid
on an agreement 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, sub - contractor, or consultant under an agreement with
any public entity, and may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list. By executing this document
Fishermen's warrants that it is in compliance with this paragraph.
20. AUTHORITY: Fishermen's warrants that it is authorized by law to engage in the
performance of the activities encompassed by the project herein described. Each of the
signatories for Fishermen's below certifies and warrants that Fishermen's name in this agreement
is the full name as designated in its corporate charter (if a corporation); they are empowered to
act and contract for Fishermen's; and this agreement has been approved by the Board of
Directors of Fishermen's or other appropriate authority.
21. INSURANCE: Fishermen's agrees that it maintains in force at its own expense a
liability insurance policy which will insure and indemnify Fishermen's and the County from any
suits, claims or actions brought by any person or persons and from all costs and expenses of
litigation brought against Fishermen's for such injuries to persons or damage to property
occurring during the agreement or thereafter that results from performance by Fishermen's of the
obligations set forth in this agreement. At all times during the term of this agreement and for one
year after acceptance of the project, Fishermen's shall maintain on file with the County a
certificate of the insurance of the carriers showing that the aforesaid insurance policy is in effect.
The following coverage's shall be provided:
A. Workers' Compensation insurance as required by Florida Statutes.
B. Commercial General Liability Insurance with minimum limits of $500,000
Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall
be $250,000 per Person $500,000 per occurrence $50,000 property damage.
C. Comprehensive Auto Liability Insurance with minimum limits of $300,000 combined
single limit per occurrence.
Florida Department of Emergency Management and the County shall be named as
additional insured, except workers' compensation. The policies shall provide no less than 30
days' notice of cancellation, non - renewal or reduction of coverage. Fishermen's shall provide to
the County, as satisfactory evidence of the required insurance, including the insurance policy
application and either:
• Original Certificate of Insurance, OR
• Certified copy of the actual insurance policy, OR
• Certificate of Insurance e- mailed from Insurance Agent /Company to County Risk
Management - Telephone Maria Slavik at (305) 295 -3178 for details (Certificates can be e-
mailed directly from the insurance agency to: Slavik- Maria @MonroeCounty - FL.Gov)
An original certificate or a certified copy of any or all insurance policies required by this
contract shall be filed with the Clerk of the BOCC prior to the contract being executed by the
Clerk's office. The Insurance policy must state that the Monroe County BOCC and Florida
Department of Emergency Management is the Certificate Holder and additional Insured for this
contract (certificate only for workers' compensation coverage). Insurance information should be
mailed to:
Monroe County Board of County Commissioners
c/o Risk Management
P.O. Box 1026
Key West, FL 33041
22. HOLD HARMLESS /INDEMNIFICATION. Notwithstanding any minimum
insurance requirements prescribed elsewhere in this agreement, Fishermen's shall defend,
indemnify and hold the County and the County's elected and appointed officers and employees
harmless from and against (i) any claims, actions or causes of action, (ii) any litigation,
administrative proceedings, appellate proceedings, or other proceedings relating to any type of
injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs
or expenses that may be asserted against, initiated with respect to, or sustained by, any
indemnified party by reason of, or in connection with, (A) any activity of Fishermen's or any of
its employees, agents, contractors or other invitees during the term of this Agreement, (B) the
negligence or willful misconduct of Fishermen's or any of its employees, agents, sub - contractors
or other invitees, or (C) Fishermen's default in respect of any of the obligations that it undertakes
under the terms of this Agreement, except to the extent the claims, actions, causes of action,
litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or
omissions of the County or any of its employees, agents, contractors or invitees (other than
Fishermen's). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or
expenses relate to events or circumstances that occur during the term of this Agreement, this
section will survive the expiration of the term of this Agreement or any earlier termination of this
Agreement.
Fishermen's shall immediately give notice to the County of any suit, claim or action
brought against Fishermen's that is related to the activity under this agreement, and will
cooperate with the County in the investigation arising as a result of any suit, action or claim
related to this agreement.
23. NOTICE. Any notice required or permitted under this agreement shall be in
writing and hand delivered or mailed, postage prepaid, to the other party by certified mail,
returned receipt requested to the following:
For Fishermen's: David M. Faulkner
Chief Executive Officer
3301 Overseas Highway
Marathon, Florida
For County: Monroe County Social Services
Attn: Sheryl Graham
1100 Simonton Street, Suite 2 -257
Key West, Florida 33040
And
Monroe County Attorney's Office
1111 12 Street, Suite 408
Key West, Florida 33040
24. CLAIMS FOR FEDERAL OR STATE AID. Fishermen's and County agree that
each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further
the purpose of this agreement; provided that all applications, requests, grant proposals, and
funding solicitations shall be approved by each party prior to submission.
25. NON - DELEGATION OF CONSTITUTIONAL OR STATUTORY DUTIES.
This agreement is not intended to, nor shall it be construed as, relieving any participating entity
from any obligation or responsibility imposed upon the entity by law except to the extent of
actual and timely performance thereof by any participating entity, in which case the performance
may be offered in satisfaction of the obligation or responsibility. Further, this agreement is not
intended to, nor shall it be construed as, authorizing the delegation of the constitutional or
statutory duties of the County, except to the extent permitted by the Florida constitution, state
statute, and case law.
26. NON - RELIANCE BY NON - PARTIES. No person or entity shall be entitled to
rely upon the terms, or any of them, of this agreement to enforce or attempt to enforce any third -
party claim or entitlement to or benefit of any service or program contemplated hereunder, and
the County and Fishermen's agree that neither the County nor Fishermen's or any agent, officer,
or employee of either shall have the authority to inform, counsel, or otherwise indicate that any
particular individual or group of individuals, entity or entities, have entitlements or benefits
under this agreement separate and apart, inferior to, or superior to the community in general or
for the purposes contemplated in this agreement.
27. ATTESTATIONS. Fishermen's agrees to execute such documents as the County
may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a
Drug -Free Workplace Statement.
28. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall
be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe
County in his or her individual capacity, and no member, officer, agent or employee of Monroe
County shall be liable personally on this agreement or be subject to any personal liability or
accountability by reason of the execution of this agreement.
29. 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.
30. 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.
31. FEDERAL CONTRACTING REQUIREMENTS. All of the terms and
conditions of the agreement Monroe County will enter into with the State of Florida, Division of
Emergency Management pursuant to any award of funds from Subgrant Project Application
number PDMC- PJ- 04 -FL- 2016 -001 are incorporated herein as if set out fully. All of the
requirements in said agreement applicable to "sub- recipient" shall apply to Fishermen's as if set
out fully herein. The parties agree to amend this agreement and include said agreement between
Monroe County and the State of Florida, Division of Emergency Management upon its
execution.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and date first written above in four (4) counterparts, each of which shall, without proof or
accounting for the other counterparts, be deemed and original contract.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
By By
Deputy Clerk Mayor /Chairman
Witness: FISHERMEN'S HOSPITAL, INC.
Signature Signature of person authorized to legally bind
Corporation
Print Name
Date:
4.114/GU I r rnnl Application
Subgrant Project Application EXHIBIT A
Application Title: FY2016 POM - Monroe County - fishermen's Community Hospital Mitigation Project
Subgrant Applicant: Monroe County Emergency Management
Application Number. PoUC- PJ-04.FL.2o16-001
Application Year. 2016
Grant Type: Project Application
Address: 49063rd St Ocean Suite 150, Marathon FL 330504305
Subapplicant Information
Name of Subapplicant Monroe County Board of County Commissioners
Slate FL
Type of Subapplicant Local Government
Legal status, function, and facillies owned
State Tax Number:
Federal Tax Number 59- 6000749
Other type name:
Federal Employer Identification (EIN) 59- 6000749
What is your DUNS Number? 073876757 -
Is Subapplication subject to review by Executive Order 12372 Process? Yes. From 05-02 -2016
Is the Subapplicant delinquent on any Federal debt? No
Explanation:
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farcut r rnnt Nppucation
Contact
Authorized Subgrant Agent
Title Mr.
First Name Jeffrey
Middle Initial g
Last Name Manning
Title Emergency Management Senior Planner
Agency /Organization Monroe County Emergency Management
Address 1 49063rd St Ocean
Address 2 Suite 150
City Marathon
State FL
ZIP 33050 - 3305
Phone 305-289-6325 Ext 305
Fax 305- 289 -6333
Email Manning- Jeff@MonroeCounty- FL.gov
Point of Contact
Title Mr.
First Name David
Middle Initial
Last Name Faulkner
Title Chief Executive Officer
Agency /Organization Fishermen's Community Hospital
Address 1 3301 Overseas Highway
Address 2
City Marathon
State FL
ZIP 33050
Phone 305 - 2896401 Ext.
Fax 305- 743 -3962
Email David.Fauikner@fhcares.com
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i tercu t r rnnt Application
Community Information
Please provide the name of each community that will benefit from this mitigation activity by clicking on the Find Community button. You shall modify Congressional District for
each community by directly editing the textbox(es) provided. You should also notify your state NFIP coordinator so that it can be updated in the Community Information
System database. When you are finished, click the Save end Continue button below.
State Cow Community CO CRS CRS state US
Name Number Community Rating Legislative Congressional
District District
FL 125129 OBMOZ070P r1ONROE COUNTY* 125129 Y 10 125129 15
Comments
Fishermen's Community Hospital serves residents and visitors from Cudjoe Key, FL (25 miles south of the facility) to Layton, FL ( 25 miles north of the facility). In the
event of medical surge or equipment failure at neighboring facilities, patients may arrive at Fishermen's Community Hospital from the lower or upper keys as well (up to
50 miles away).
Attachments
MC CriticatFacilities.odf
MC Hospitals Location Mao.odf
Flshermens Community Hospital GIS Locatlon.edf
State FL
Community Name MONROE COUNTY'
County Name FLORIDA
County Code MONROE COUNTY
City Code 125129
FIPS Code 087
tima
CID Number 125129
gffS Community lislQ
Y
CRS Rating 10
State Legislative District 125129
US Congressional Dfstlict 15
FROM or Eti@M available? Yes
Community Status PARTICIPATING ft
Community participates In NEE? Yes
Date entered In NFIP 06-12 -1970
Date of most recent Community Assistance Visit (CAV)9 09-23-2016 ttStip
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•
tr 141LU 1 r rnnt Nppucauon
Mitigation Plan
Is the entity that will benefit from the proposed activity covered by a current FEMA - approved multi - hazard mitigation plan Yes
in compliance with 44 CFR Part 201?
If Yes, please answer the following.
What Is the name of the plan? Monroe County FL Local Mitigation Strategy
What is the type of plan? Local MultlJurisdictional Multihazard Mitigation Plan
When was the current multihazard mitigation plan
approved by FEMA? 12-06 -2015
Monroe County Emergency Management identifies Fishermen's Community Hospital as part of the
County's critical infrastructure in the Local Mitigation Strategy. The Monroe County Local Mitigation
Strategy Goals includes the preservation of sustalnability of life, health, safety, and welfare.
Fishermen's Community Hospital Is a critical access hospital located in the middle Florida Keys. The
nearest facility is 50 miles to the north or 50 miles to the south. Hardening the structure of
Fishermen's Community Hospital and installing code compliant windows, doors. and roof will allow
Describe how the proposed activity relates to or is us to serve residents and visitors In the middle keys and ensure that life, health, safety, and welfare
consistent with the FEMA- approved mitigation plan. are preserved in the event of a natural or man -made disaster. The facility currently features original
windows from the initial construction of the facility in 1963. The facility's roof is not code compliant
and places the facility in jeopardy in the event of severe weather or tropical storm. Local residents,
utility companies, and county and city Fire/Rescue depend upon the facility to keep the residents of
Monroe County safe. Utility workers are unable to return to the field without an open emergency
room to care for workers In the event of accident or injury. Fre/Rescue services also cease 11 there
Is not a local emergency room to care for it or injured Individuals. Our unique linear geography and
distance between medical facilities reiterates the importance of the need for structural hardening at
Fishermen's Community Hospital.
If No or Not Known, please answer the following:
Does the entity have any other mitigation plans adopted? No
If Yes, please provide the following information.
Plan Name Plan Type Date Adopted Attachment
Does the State/Tribe in which the entity is located have a current FEMA - approved mitigation plan In compliance with 44 Yes
CFR Part 201?
If Yes, please answer the following:
What Is the name of the plan? Florida Enhanced Hazard Mitigation Plan Update 2013
What is the type of plan? Enhanced State Multi -hazard Mitigation Plan
When was the current multihazard mitigation plan
approved by FEMA? 08 -24 -2013
The Florida Enhanced Multi- Hazard Mitigation plan outlines the importance of protecting and
Describe how the proposed activity relates to or Is preserving sites identified as critical facilities. Fishermen's Community Hospital is a designated
consistent with the State/Tribe's FEMA - approved "critical facility. The State of Florida Risk Assessment ranked flooding, severe storms, and
mitigation plan. hurricanes as the most serious and likely hazards to occur in Monroe County. Hardening of the
structure at Fishermen's Community Hospital will ensure that the facility can maintain operations
during severe weather and will continue to provide services to the residents of Monroe County.
If you would like to make any comments, please enter them below.
To attach documents, click the Attachments button below.
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Scope of Work (Page 1 of 3)
Title of your proposed activity (should include the type of activity and location)
F1'2016 PDM - Monroe County - Fishermen's Community Hospital Mitigation Project
Hazard(s) Identified to be mitigated:
Windstorms
Proposed types of Mitigation Activity(ies):
Activity Code Activity Name
205.8 Retrofitting Public Structures - Wind
If Other or Miscellaneous selected above, please specify:
Provide a clear and detailed description of your proposed activity!
The scope of work for this project consists of retrofitting the Fishermen's Community Hospital building located at 3301 Overseas Hwy, Marathon, FL 33050. The project
will include the installation of a code compliant roof, opening protection by installing impact resistant glazing system, structural reinforcement, and the installation of a
redundant generator system to power the facility during a power outage and/or severe weather - related events. Completion of these mitigation activities will allow the
Hospital to remain operational during future storms in order to provide services and support to immediate community and close by cities. All installations will be in strict
compliance with the Florida Building Code.
Is there construction In this project?
Y
Provide a detailed description of the proposed project's location (e.g. municipality, street address, major
intersecting streets and other important landmarks). Supporting documentation such as maps that clearly
identify the location and critical features to the project such as topography, waterways, adjacent community
boundaries, etc., should be attached.
Fishermen's Community Hospital is located at: 3301 Overseas Highway Marathon, Florida 33050 Fishermen's Community Hospital is a critical access hospital and
serves residents and visitors as far south as Cudjoe Key (25 mi. South) and as far north as Layton (25 mi. North). The front of the property is located along Overseas
Highway with pedestrian and vehicular access thru this main road. The building s primary occupancy is a community hospital. Per the Monroe County Property
Appraiser s the building was built in the year 1968. The complex consists of multiple attached additions, built from the year 1968 thru 2001. Approximately 63.203
square feet includes drive thru canopy. The building structure consists of concrete masonry exterior walls finished with stucco painted or concrete masonry painted. The
roof is classified as a low sloped concrete deck roof finished with a mineral surfaced cap sheet over multiply bituminous built-up membrane. According to the Flood
Insurance Rate Map Panel Numbers 12087C1378K published by the Federal Emergency Management Agency (FEMA) and dated February 18, 2005. the Site is located
in flood Zone AE Elevation 7 feet, areas with base flood elevation determined. According to the 1997 Uniform Building Code Seismic Zone Map of the United States, the
Site is located in Seismic Zone 0, defined as an area of very low probability of damaging ground motion.
Scope of Work (Page 2 of 3)
Latitude
24.710186
Longitude:
- 81.094549
Describe the need for this activity. Why should this mitigation activity be completed?
Fishermen s Community Hospital is a critical facility located in the middle Florida Keys. The Florida Keys feature a unique linear geography and span 120 miles. The
Florida Keys are an island chain and are susceptible to severe storm activity, often with tropical strum or hurricane force winds. Fishermen s Community Hospital is an
aging facility. The building is in need of a code compliant roof as well as opening protection to ensure the facility will not suffer water damage in the event of severe or
tropical weather. The roof has significant damage and many of the windows date back to the original construction of Fishermen s Community Hospital in 1968. The
installation of a redundant generator system will prevent a disruption of services in the event of a power outage. The redundancy will allow maintenance stall to take a
single generator omine for service white maintaining power within the hospital for critical life safety equipment. The hospital serves approximately 30,000 residents and
visitors In the Florida Keys annually. FirelResuce services transports patients to Fishermen s Community Hospital within a 25 mile radius or 50 linear miles. The nearest
hospital Is 50 miles to the north or 50 miles to the south of Fishermen s Community Hospital. Structural damage at this facility would greatly effect the health of
residents and visitors in the middle keys, Additionally, utility personnel and first responders would be unable to return to the field. Utility workers and fast responders
cannot return to the field without a functional emergency department to care for workers in the event of injury or acddenL Fire/rescue services would also cease as they
would be unable to transport patients to an emergency facility in an efficient manner.
Who will the mitigation activity benefit and/or impact?
Approximately 30,000 residents and visitors in Monroe County and the Middle Kays will benefit from the structural hardening of Fishermen s Community Hospital. Utility
services and first responders will also benefit as the facility will be available for service during power outages, windstorms, and other severe weather - related events to
serve employees and patients. Finally, the surrounding communities and healthcare facilities will also benefit as an influx or surge will not occur during weather - related
events as Fishermen s Community Hospital will be able to maintain service.
How will the mitigation activity be implemented?
The project will be phased Structural to disruption of services. The project will be coordinated by a project manager employed by Fishermen s Community Hospital and
ring improvements and permitting will be coordinated with City of Marathon Building Department Officials. A contracting group will be utiNzed
to remove the existing roof and install a new code compliant roof. Windows, doors, and storefront impact sliding doors will be Installed by the contracting group. AN
parapets will be reinforces and sealed. The estimated length of the project is 180 days. Al supervision will be provided by the project manager and engineering firm,
Describe how the project is technically feasible and wit be effective in reducing the risk by reducing or eliminating
damage to property and/or loss of fife in the project area. Please include engineering design parameters and
references to the following: preliminary schematic or engineering drawings/design; applicable building codes;
engineering practices and/or best practices: level of protection (e.g., fife safety, 100 -yr floor protection with
freeboard, 100-yr wind design, etc.):
The intent of the project is to assess existing conditions that may have an adverse impact upon the functioning systems and finishes of the property identifying and
providing remediation for areas with potential deficiencies, reinforcement, replacement, or assuring code compliance. By reinforcing the moderately and severely
damaged portions of the building's diaphragm and performing water proofing of the entire structure, we can promote safety and extend the Zile of the various structural
systems. During the Schematic Design Phase the design professional shall review the program, budget and other information furnished by the Owner applicable to the
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services provided. During the Design Development the owner will receive outline specifications that identify major materials and systems and establish in general quality.
At Construction Document Phase Services, Drawings and Specifications wilt be prepared setting forth in detail the quality levels of materials and systems and other
requirements for the construction of the work. At this time, review of Shop Drawings, Product Data and Samples and other similar submittals will take place. After
completion of Working Drawings, submittal to government agencies will take place. The design professional shall assist the owner in submitting for permits and shall
incorporate into the Construction Documents the requirements of governmental authorities having jurisdiction over the project. The design professional shall, at
appropriate times, contact the governmental authorities required to approve the Construction Documents. Assemblies, materials, and methods or construction shall
conform to the requirements of the Florida Building Code Fifth Edition 2014, NFPA 70 National Electrical Code (NEC) 2011, NFPA 72 2012. Florida Fire Prevention Code
2012, Florida Health Code, other applicable codes and reputations from agencies having jurisdiction. Additionally, the design professional will provide Constructon
Phase Services such as site visits, review submittals, review of RFI 's (Request for information), inspect portions of the work to determine whether such portion of the
work is substantialty completed in accordance with the requirements of the Contract Documents.
Who will manage and complete the mitigation activity?
The project will be managed by an engineering firm in conjunction with a project manager employed by Fishermen s Community Hospital. The project manager will be
onsite for the duration of the construction project and will be able to: coordinate staging and development of a plan and timeline for each phase of the project.
Scope of Work (Page 3 of 3)
Will the project address the hazards identified and what risks will remain from al hazards after project implementation (residual risk)?
Wind and storm damage wilt be mitigated as a result of this project, Due to the location of Fishermen s Community Hospital and the geography of the Florida Keys - the
risk of flood damage from storm surge will remain.
When will the mitigation activity take place?
The mitigation activity will begin on November 1, 2016, and will conclude on July 30, 2017.
Why is this project the best alternative. What alternatives were considered to address the
Risk and why was the proposed activity considered the best alternative?
It was determined that the most cost effective method of mitigating wind and storm damage is to harden the existing structure by install ng a code compliant roof,
opening protection, and purchasing a redundant generator system to ensure the facility wilt be able to power life safety equipment. No other alternatives were
considered.
Please identify the entity that will perform any long -term maintenance and provide a maintenance
schedule and cost information. The subapplicanl or owner of the area to be mitigated is responsible for
maintenance (including costs of long -term care) after the project is completed:
The Duro-last PVC membrane roof features a 20 year warranty, Additionally, Certified Contracting Group will perform site visits annually to ensure that the roof is up to
standards and will perform any necessary maintenance, The Impact windows and doors feature a 10 year warranty and Certified Contracting Group will also be
responsible for annual maintenance. The redundant generator system with transfer switches has a 2 -year manufacturer warranty and will be services by Genset. All
services not covered by warranty or outside of the warranty period will be paid for by Fishermen's Community Hospital,
If you would like to make any comments, please enter them below:
Attachments:
FtSHFRMFN'S 1/endors Estlmate.odf
FISHERMEN'S Roof Prrvnneaf Drawjfra,pdf
FISHERMEN'S S nrcrrat Asjesamnnt Certt6cauot.odf
FISHER t7ro,r $pa.11..
ElaalgietaBialicAla
FISHERMEN'S Weil$elnforcarnanl TYP Drawinas.odl
FISHERMEN'S Walt Reinforcement Assessment and Pr000sal.pdf
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14,LU 11 runt Appucauon
Properties
Damaged Property Address:
Address line 1 3301 Overseas Hwy
Address line 2 •
City Marathon
County Monroe
State FL
ZIP 33050
Owner Information:
First Name Fishermen's
Middle Name •
Last Name Hospital. Inc.
Home Office
Phone 305- 743 -5533 Ext.
CeII
Owner's Mailing Address
Address line 1 3301 Overseas Hwy
Address line 2
Other (PO Box, Route, etc)
City Marathon
State FL
ZIP 33050
Does this property
have other co- owners N
or holders of recorded interest?
Property Information:
WWI 24.710186
Lsnailude - 81.094549
Year But 1968
Structure Type Non- residential - Private
Property Tax Identification Number 1120677
Legal Description
PT LT 1 AND PT LT 3 AND BAY BTM SLY AND ADJ PT LT 3 9/10 66 32 KEY VACCAS OR224- 456157 OR238- 230/31 OR239- 276177 OR258- 304110 BCC 31 -1972
OR407 -738 OR510 -2
Does this property have an J•FIP Policy Number No
FMA Repetitive Loss No
FMA Severe Repetitive Loss No
Property Locator Number Parcel ID. 00103370-0000
Hazards to be mitigated: Windstorms
• Property Action Wind Retrofit
Property Information II:
Substantially Damaged? No
Purchase Offer Amount 0,00
Base Flood Elevation 7 feet
First Floor Elevation 0 feet
Number of feet the lowest floor elevation of the structure is being raised above 0 feet
Base Flood Elevation
Foundation type EPPPC
• Flood Zone Designation Area of special flood hazard with water surface etevat;ons determined (A1 -30, AE)
How was cost - effectiveness determined for this property: BCA
Comments
Attachments
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Schedule
Description Of Task Starling Point Unit Of Time Duration Unit Of Time Work Complete By
Code Compliant Roof Upgrade 181 DAYS 90 DAYS Certified Contracting Group, roup, Inc
Code Compliant impact Window Upgrade 181 DAYS 60 DAYS Certified Contracting Group. Inc
Code Compliant Impact Door Upgrade 181 DAYS 60 DAYS Certified Contracting Group Inc
Mat/ Motion of 2 600kW generators with transfer 181 DAYS
switches and code compliant endosur 30 DAYS Genset
Enginearing;SWcturei Hardening 181 DAYS 90 DAYS Merritt Engineering
Waterproofing and Painting 211 DAYS 30 DAYS Candied Contracting Group, Inc..
Contracting with the Stale of Florida 1 DAYS 90 DAYS Florida Division of Emergency Management and
Fishermen's Community Hospitai
contracting /Bidding 91 DAYS 90 DAYS Florida Division of Emergency Management and
Fishermen's Community Hospiiai
Project Closeout 270 DAYS 90 DAYS Florida Division of Emergency Management and
Fishermen's Community Hospital
Estimate the total duration of the proposed activity, 270 DAYS
•
{
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205.8 - Retrofitting Pubic Structures - Wind Federal Share: $ 2.984.625.00
Cost Unit Unit of Unit Cost ($)
Item Name Cost
Classification Quantity Measure Estimate (1)
Roof - Lightning Protection Equipment 1.00 Each $ 242.000.00 S 242,000.00
Installation of Impact Windows and Doors Construction And Project Improvement 200.00 Each $ 2,560.00 $ 512,000.00
Installation of Code Compliant Roof - Durolast PVC Construction And Project Improvement 1.00 Each S 2,100,900.00 5 2,100,900.00
Parapet Reinforcement al Roof Level Construction And Project Improvement 1.00 Each $ 58,000.00 $ 58,000.00
Facada&Structural Reinforcement Construction And Project Improvement 1.00 Foot $ 40,000.00 5 40,000.00
Project Engineering and Management Architectural Engineering Basic Fees 1.00 Each $ 179,000.00 $ 179,000.00
Construction Contingencies Contingencies 1.00 Each $ 147.600.00 S 147,600.00
600kW Generator Set Equipment 2.00 Each $ 150.000.00 $ 300,000.00
Automatic Transfer Switches Equipment 9.00 Each $ 20,000.00 $ 180,000.00
HVHZ Enclosure, Stairs, and Diesel Tanks Construction And Project Improvement 2.00 Each $ 50,000.00 $ 100,000,00
Common Distribution Buss Equipment 1.00 Each $ 75,000.00 $ 75,000.00
Generator Slab Construction And Project Improvement 1.00 Each $ 5,000.00 $ 5,000.00
Generator Installation and Electrical Wiring Construction And Project Improvement 2.00 Each $ 20,000.00 $ 40,000.00
Total Cost $ 3,979,500.00
Total Project Cost Estimate: $ 3,979,500.00
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Cost Share
Activity Cost Estimate $ 3,979,500 00
Federal Share Percentage 75%
Non- Federal Share Percentage 25%
Dollars Percentage
Proposed Federal Share S 2,984.625.00 7576
Proposed Non - Federal Share $ 994,875,00
25%
Non - Federal Funds
Source Agency Name of
Source Agency Funding Type Amount ($) Action
Pnvate Non Profit Funding Fishermen's Hospital Auxiliary Labor
$1 0,000,00 yfs»x 3'
Private Non Profit Funding Fishermen's Community Hospital Foundation Cash
5 301,875.00 wew Detadt
Local Agency Funding Monroe County Sheriff's Office Labor
$ 38,000.00
Private Non Profit Funding Fishermen's Community Hospital Foundation Labor
Private Non Profit Funding Fishermen's Community Hospital
$ 10,000.00 view Detail'
lty p Administration 5 300,000.00 view Detalta
Local Agency Funding Marathon Fire Rescue Labor 3 20,000.00 view mums
Local Agency Funding Fishermen's Community Hospital Cash
$ 300,000.00 view Detail'
Local Agency Funding City of Marathon Other (Permitting Fees, Inspections, and Inspector Labor) S 15,000.00 view Deeta%
Grand Total $ 994,875.00
tf you would like to make any comments, please enter them below.
Attachments
Funding Source Pnvate Non Profit Funding
Name of Funding Source Fishermen's Hospital Auxiliary
Funding Type Labor
Amount $ 10,000.00
Date of availability 10-01 -2016
Funds commitment letter date 05-23 -2016
Attachment (funds commitment letter) L of Commitment - FCH Auxifiaryodf
Funding Source Private Non Profit Funding
Name of Funding Source Fishermen's Community Hospital Foundation
Funding Type Cash
Amount $ 301,875,00
Dale of availability 01.01 -2017
Funds commitment letter date 05-25 -2016
Attachment (funds commitment letter) Letter of commitment - FCH Foundation - Sioned,odf
Funding Source Local Agency Funding
Name of Funding Source Monroe County Sheriff's Office
Funding Type Labor
Amount $ 38,000.00
Dale of availability 10-01 -2016
Funds commitment letter date
Attachment (funds commitment letter)
Funding Source Private Non Profit Funding
Name of Funding Source Fishermen's Community Hospital Foundation
Funding Type Labor
Amount S 10,000.00
Date of availability 10-01 -2016
Funds commitment letter date 05-25-2016
Attachment (funds commitment letter) Latter p1 commitment • FCH Foundation - Sioned.odf
•
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Funding Source Private Non Profit Funding
Name of Funding Source Fishermen's Community Hospital
Funding Type Administration
Amount S 300,000.00
Dale of availability 10- 01.2016
Funds commitment letter date 05-23 -2016
Attachment (funds commitment letter) Seder of Commitment - FCH - Slgned.odt
Funding Source Local Agency Funding
Name of Funding Source Marathon Fire Rescue
Funding Type Labor
Amount $ 20,000.00
Date of availability 10-01 -2016
Funds commitment letter dale
Attachment (funds commitment letter)
Funding Source Local Agency Funding
Name of Funding Source Fishermen's Community Hospital
Funding Type Cash
Amount S 300,000.00
Dale of availability 10-01 -2016
Funds commitment letter date 05-23-2016
Attachment (funds commitment letter) Letter of commitment - FCH hnard.odf
Funding Source Local Agency Funding
Name of Funding Source City of Marathon
Funding Type Other (Permitting Fees, Inspections, and Inspector Labor)
Amount S 15,000.00
Date of availability 10-01-2016
Funds commitment letter date
Attachment (funds commitment letter)
•
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Cost Effectiveness
Attach the Benefit Cost Analysis (BCA), if completed for this project
Net Present Value of Project Benefts (A) $ 2.3970309E7
Total Project Cost Estimate (B) $ 4752342.0
What is the Benefit Cost Ratio for the entire project (A/B)? 5.044
If you would like to make any comments. please enter them below.
Attachments:
FL- 2016 -027 Teen+ kit Recommend lion Fib e:: $ t90 ta' o.-tf
Ft_- 2016-472 Fishermen's Hosaitat BCA Reogrt.za
FISHERMENS - BCA Report with Attachments.ndf
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A. National Historic Preservation Act - Historic Buildings and Structures
• 1, Does your project affect or is =1 in close proximity to any buildings or structures 50 years or more in age? No
If Yes, you must confirm that you have provided the following.
The property address and original date of construction for each property affected (unless this information is already noted in the Properties
section),
A minimum of two color photographs showing at feast three sides of each structure (Please label the photos accordingly),
A diagram or USGS 1 24,000 scale quadrangle map displaying the relationship of the property(s) to the project area.
To help FEMA evaluate the impact of the project. please indicate below any other information you are providing:
information gathered about potential historic properties In the project area, including any evidence indicating the age of the building or structure
and presence of buildings or structures that are listed or eligible for fisting on the National Register of Historic Places or within or near a National
Register listed or eligible historic district. Sources for this information may indude the Stale Historic Preservation Officer, and/or the Tribal Historic
Preservation Officer (SHPO/THPO), your local planning office, historic preservation organization, or historical society.
Consideration of how the project design will minimize adverse effects on known or potential historic buildings or structures, and any alternatives
considered or implemented to avoid or minimize effects on historic buildings or structures. Please address and note associated costs in your
project budget.
For acquisition/demolltion projects affecting historic buildings or structures, any data regarding the consideration and feasibility of elevation,
relocation, or flood proofing as alternatives to demolition.
Attached materials or additional comments,
Comments:
Attachments;
B. National Historic Preservation Act - Archeological Resources
• 1. Does your project involve disturbance of ground?
Yes
If Yes, you must confirm that you have provided the following
.0 A description of the ground disturbance by giving the dimensions (area, volume, depth. etc.) and location
• The past use of the area to be disturbed, noting the extent of previously disturbed ground,
• A USGS 1 24,000 scale or other site map showing the location and extent of ground disturbance.
To help FEMA evaluate the impact of the project, please indicate below any other information you are providing:
Any Information about potential historic properties, including archeological sites, in the project area. Sources of this information may include
SHPO/THPO, and/or the Tribe's cultural resources contact if no THPO is designated. Include, if possible, a map showing the relation of any identified
historic properties to the project area.
Attached materials or additional comments,
Comments:
A slab will be poured to support two 600kW generators, The slab will be poured in the exact location of the existing slab but will be slightly larger to accommodate an
additional unit.
Attachments:
FL- 2016-022 Land Cover Mao.odf
•
FL- 2016-022 properly aooraker odf
FL- 2016-022 -Makin Entrance - Facing West - Photo 1.JPG
FL- 201E-092 -Main Pith a - Facino W -pholo 2.JPG
FL-2016-022- Aerial Mao.odf
FL- 2016-022 -Side View - South - Photo 2.JPG
FMA-2016 -022 FCH Toaooraohv Mao.odf
FL-2016- 022 -Main Entrance - Facina West - Photo 3.JPG
FL- 2016-022 Critical Habitat Mao.ndf
FL- 2016-022 Ground Disturbance Mao.odf
FL- 2018.022 -Rear View - Facna East - Photo 1.JPG
FL-2016- 022 -Side View - South - Photo 1.JPG
fL- 2016-022 Coastal Construction Control Line Mao.odf
FL- 2016.022 Tribal SOW.docx
FL- 2016-022 -Rear View - Faclna east - Photo 2,JPG
C. Endangered Species Act and Fish and Wildlife Coordl nation Act
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1. Are Federally listed threatened or endangered species or their critical habitat present in the area affected by the project? No
If Yes, you must confirm that you have provided the following:
Information you obtained to identify species in or near the project area. Provide the source and date of the information cited.
To help FEMA evaluate the impact of the project, please indicate below any other Information you are providing:
Any request for information and associated response from the USFWS, the National Marine Fisheries Service (NMFS) (for affected ocean -going fish) or
your State Wildlife Agency, regarding potential listed species present and potential of the project to impact those species.
Attached materials or additional comments.
Comments:
• 2. Does your project remove or affect vegetation? No
If Yes, you must confirm that you have provided the following:
Description of the amount (area) and type of vegetation to be removed or affected.
A site map showing the project area and the extent of vegetation affected.
Photographs or digital images that show both the vegetation affected and the vegetation in context of its surroundings.
To help FEMA evaluate the impact of the project, please indicate below any other information you are providing:
Attached materials or additional comments.
Comments:
3. is your project in, near (within 200 feet), or likely to affect any type of waterway or body of water? No
If Yes, and project is not within an existing building, you must confirm that you have provided the following:
A USGS 1:24,000 scale quadrangle map showing the project activities In relation to all nearby water bodies (within 200 feet).
Any information about the type of water body nearby including: its dimensions, the proximity of the project activity to the water body, and the expected
and possible changes to the water body, if any. Identify all water bodies regardless whether you think there may be an effect
A photograph or digital image of the site showing both the body of water and the project area.
To help FEMA evaluate the impact of the project, please indicate below any other information you are providing:
Evidence of any discussions with the US Fish and Wildlife Service (USFWS), and/or your Slate Wildlife Agency concerning any potential impacts if
there is the potential for the project to affect any water body.
Attached materials or additional comments.
Comments:
Attachments:
D. Clean Water Act, Rivers and Harbors Act, and Executive Order 11990 (Protection of Wetlands)
• 1. Will the project involve dredging or disposal of dredged material, excavation, adding fiN material or result in any modification to water
bodies or wetlands designated as 'waters of the U.S' as Identified by the US Army Caps of Engineers or on the National Welland No
Inventory?
If Yes, you must confirm that you have provided the following:
Documentation of the project location on a USGS 1:24,000 scale topographic map or image and a copy of a National Wetlands Inventory map or
other available wetlands mapping information.
To help FEMA evaluate the Impact of the project, please indicate below any other Information you are providing,
Request for information and response letter from the US Army Corps of Engineers and/or State resource agencies regarding the potential for
wetlands, and applicability of permitting requirements.
Evidence of alternatives considered to eliminate or minimize impacts to wetlands.
Attached materials or additional comments.
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Comments:
Attachments:
FL-2016.022 Wetlands Mao.odf
E. Executive Order 11988 (Floodplaln Management)
• 1. Does a Flood Insurance Rate Map (FIRM), Flood Hazard Boundary Map (FHBM), hydrologic study, or some other source indicate that
the project Is located in or will affect a 100 year floodplain, a 500 year floodplain 11 a critical facility, an Identified regulatory ftoodway, or an Yes
area prone to flooding?
It Yes, please indicate in the text box below any documentation to identify the means or the alternatives considered to eliminate or minimize impacts to
floodplains (See the 8 step process found in 44 CFR Part 9.6.) to help FEMA evaluate the impact of the project:
Yes
• 2. Does the project alter a watercourse, water flow patterns, or a drainage way, regardless of its floodplain designation? No
If Yes, please indicate below any other Information you are providing to help FEMA evaluate the Impact of the project:
Hydrologic/hydraulic information from a qualified engineer to demonstrate how drainage and flood flow patterns will be changed and to identify
down and upstream effects,
Evidence of any consultation with US Army Corps of Engineers (may be included under Part D of the Environmental Information).
Request for Information and response letter from the State water resource agency. if appticabie, with jurisdiction over modification of waterways.
Attached materials or additional comments,
Comments:
Attachments:
FL-2016 -022 Firmette.odf
F. Coastal Zone Management Act
• 1. Is the project located in the State's designated coastal zone? No
If Yes please indicate below any other Information you are providing to help FEMA evaluate the impact of the project
Information resulting from contact with the appropriate State agency that implements the coastal zone management program regarding the
likelihood of the project's consistency with the State's coastal zone plan and any potential requirements affecting the cost or design of the
proposed activity,
Attached materials or additional comments,
Comments:
Attachments.
G. Farmland Protection Policy Act
• 1. Wik the project convert more than 5 acres of 'prime or unique' farmland outside city limits to a non - agricultural use? No
Comments
Attachments:
H. RCRA and CERCLA (Hazardous and Toxic Materials)
• 1. Is there a reason to suspect there are contaminants from a current or past use on the property associated with the proposed project? No
If Yes, please indicate below any other information you are providing to help FEMA evaluate the impact of the project
Comments and any relevant documentation.
Results of any consultations with State or local agency to obtain permit with requirements for handling. disposing of or addressing the effects of
hazardous or toxic materials related to project implementation.
Attached materials or additional comments.
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Comments:
• 2. Are there any studies, investigations, or enforcement actions related to the property associated with the proposed project? No
If Yes, please indicate below any other information you are providing to help FEMA evaluate the impact of the project;
Comments and any relevant documentation.
Results of any consultations with State or local agency to obtain permit with requirements for handling, disposing of or addressing the effects of
hazardous or toxic materials related to project Implementation.
Attached materials or additional comments.
Comments:
• 3. Does any project construction or operation activities involve the use of hazardous or toxic materials? No
If Yes, please indicate below any otter information you are providing to help FEMA evaluate the impact of the project:
Comments and any relevant documentation.
Results of any consultations with State or local agency to obtain permit with requirements for handling, disposing of or addressing the effects of
hazardous or toxic materials related to project implementation.
Attached materials or additional comments.
Comments.
• 4, Do you know if any of the current or pass land -uses of the property affected by the proposed project or of the adjacent properties are
associated with hazardous or toxic materials? No
11 Yes, please indicate below any other information you are providing to help FEMA evaluate the impact of the project:
Comments and any relevant documentation.
Results of any consultations with State or local agency to obtain permit with requirements for handling, disposing of or addressing the effects of
hazardous or toxic materials related to project implementation.
Attached materials or additional comments.
Comments:
Attachments
I. Executive Order 12898, Environmental Justice for Low Income and Mlnorfty Populations
• 1. Are there low income or minority populations In the project's area of effect or adjacent to the project area? Yes
If Yes, you must confine that you have provided the following:
r Description of any disproportionate and adverse effects to these populations.
To help FEMA evaluate the impact of the project, please Indicate below any otter information you are providing:
Description of the population affected and the portion of the population that would be disproportionately and adversely affected. Please include
specific efforts to address the adverse impacts in your proposal narrative and budget
r Attached materials or additional comments.
Comments:
Census Attach
Attachments:
FL- 2012 -022 Census.odf
J. Other Environmental/Historic Preservation Laws or Issues
• 1. Are there other environmental/historic preservation requirements associated with this project that you are aware of? No
If Yes, please indicate in the text box below a description of the requirements, issues or public involvement effort.
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• 2. Are there controversial issues associated with this project? Na
If Yes, please indicate in the text box below a description of the regtrrements, issues or public involvement effort.
' 3. Have you conducted any public meeting or solicited public input or comments on your specific proposed mitigation project? NO
11 Yes please indicate In the text box below a description of the requirements, issues or public involvement effort.
Attachments:
K. Summary and Cost of Potential Impacts
• 1. Having answered the questons in parts A. through J., have you identified any aspects of your proposed project that have the potential
to impact environmental resources or historic properties? No
N Yes, you must confirm that you have-
Evaluated these potential effects and provided the materials required in Parts A through J that identify the nature and extent of potential impacts to
environmental resources and/or historic properties.
Consulted with appropriate parties to identify any measures needed to avoid or minimize these impacts.
Considered alternatives that could minimize both the Impacts and the cost of the project.
Made certain that the costs of any measures to treat adverse effects are realistically reflected in the project budget estimate.
Comments;
Attachments
FL- 2016-027-State Environmental Revlew.odf
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Evaluation (Page 1 of 2)
Is the recipient participating in the Communitv Retina System (CRS!? No
If yes, what is their CRS rating?
Is the recipient a C000eratina Technical Partner (CTPI? No
Is the recipient a Firewise Community? No
If yes, please provide their Fi[>3vIse Community number,
Has the recipient adopted building codes consistent with the Jntemational Codes? Yes
Has the recipient adopted the National Fire Protection Association (NFPA) 5000 Code? Yes
Have the recipient's budding codes been assessed on the Duddina Code Effectiveness Grading Yes
$che ule (BCEGSIZ
If yes, what is their BCEGS rating? 3
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Evaluation (Page 2 of 2)
How will this mitigation activity leverage involvement of partners to enhance its Community partners will assist with this porject by contributing time, labor, and
outcome?
equipment. We have already spoken with many community members and
partners and all individuals are supportive of the structural hardening of the
facility. This project will allow the hospital and first responders to work together
to provide essential health services in the community in the event of a natural
disaster, inclement weather, or hurricane.
How win this mitigation activity offer long-term financial and social benefits or promote The structural hardening of Fishermen's Community Hospital will ensure
resiliency for the community? continuity of health care services In Monroe County. Residents, visitors, first
responders, and utility workers will experience minimal community impact as
the result of severe weather or hurricane force winds. The hardening of the
structure also prevents the facility from becoming a "total -loss" in the event of
inclement weather.
Please provide the percent of the population benefiting from this mitigation activity. 100.0
100% of the population zone served by Fishermen's Community Hospital will
Please explain your response, benefit from the structural hardening of Fishermen's Community Hospital. The
"zone" for Fishermen's Community Hospital Is a 50 mile stretch of island
chains. Ensuring that a critical healthcare facility is operational benefits
residents, utility workers, and first responders keyswide.
Does this mitigation activity protect a critical facility? Yes
If yes, please select the type of critical facilities to be protected
Emergency Medical Care Facilities
Comments.
Name Date Attached
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14itU I r runt Application
Assurances and Certifications
Please click the link In the status column to view forms.
Forms
Status
Part If: Assurances Construction Programs. Jncgmolete
Part II: Certifications Regarding Lobbying; Debarment. Suspension and Other Responsibilities Matters; and Drug -Free Workplace
ace
Comalntq
Part III: SF - LLL, Disclosure of Lobbying Activities (Complete only if applying to a grant of mom than 5100.000 and haws lobbying activities using Non-
Federal funds. See the Certifications Regarding Lobbying: Debarment. Suspension and Othet Responsibilities Matters; and Orug•Fme Workplace Not Applicable
Requitements form for lobbying activities definition.)
•
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runt /Application
Attachments
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Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug -Free Workplace Requirements
Attachments
CERTIFICATIONS REGARDING LOBBYING. DEBARMENT SUSPENSION... - (FEMA Form 112.0 -3C1- O.M.B NO. 1560- 0025.odt
Section 17.630 of the regulations provide that a grantee that is a Stale may elect to make one certification in each Federal fiscal year A copy of which should be included with
each application for FEMA funding. States and State agencies may elect to use a Statewide certification
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Comments and Attachments
Name of Section Comment Attachment Date Attached
Application
Level FEMA Executed Application - FCH,od( 05-25 -2016
Fishermen's Community Hospital serves residents and visitors from MC CriticalFacikties.od!
Cudjoe Key, FL ( 25 mites south of the facility) to Layton, FL ( 25 05-25-2016
Com miles north of the facility). M the event of medical surge or
equipment failure at neighboring faGUties, patients may arrive at MC Hospitals Location Mao.Ddf 05-25-2016
Fishermen's Community Hospital from the tower or upper keys as
well (up to 50 miles away). Fishemnens Community Hospital GIS Location,odj 05-25 -2016
FISHERMEN'S Roof Pmmrtsai Drawing.odf 05-25-2016
FISHERMEN'S Wall Reinforcement TYP Drawings,pdf 05-25 -2016
FISHERMEN'S Roof NOA.od( 05-25-2016
Scope of Work FISHERMEN'S Roof Speclfications.Dd( 05-25 -2016
FISHERMEN'S Structsrral 4'5 Certification.od( 05-25 -2016
• u •' , .1 : _ , • u: - u. , % I • - • •■••-. •■• 05-25-2016
FISHERMEN'S Vendors Estimate.od( 05-25 -2016
Leper of Cpg tsnent - FCH 05-25 -2016
Letter of Commitment - FCH - Signed.od( 05-25 -2016
Cost Share Letter of commitment - FCH Foundation - Sloned.od( 05-25 -2016
Wier of conriilmeri - FCH Foundation - Sloried.ndf 05-25 -2016
!.ester of commitment - ECM board od( 05-25 -2016
Cost FL-2016-022 Fishermen's Hospital BCA Report.zio 05.25 -2016
Effectiveness FISHERMENS - BCA Report with Attachments.odf 05- 25.2016
FL- 2016-022 TechUnit Recommendation Fishermen's Hosoital.od( 05-26-2016
FL- 2016-022 -Rear View • Facina east - Photo 2.JPG 06-01 -2016
FL -2016 -022 Tribal SOW.doclt 06-01 -2016
FL- 2016-022 Coastal Construction Control Line Mao.od( 06-01 -2016
F6- 2016- 022 -Si♦ie View - South - Photo 1.JPG 06-01-2016
A slab will be poured to support two 6eekw generators. FL- 2016-022 -Rear View - Facing East -Photo 1.JPQ 06-01 -2016
The slab will be poured in the exact location of the FL- 2016-022 Ground Disturbance Mao,pd( 06-01-2016
EHP - B - existing slab but will be slightly larger to
National Historic accommodate an additional unit. FL-2016-022 Critical Habitat Mao.od( 06-01-2016
Preservation Act FL- 2016-022 -Main Entrance - Facina West - Photo 3.JPG 06-01 -2016
- Archeological
Reources FMA- 2016.0?2 FCH T0000raphv Man ndl 06-01-2016
FL- 2016. 022 -Side View • South - Photo 2.JPQ 06-01-2016
FL- 2016 - 022 - Aerial Mao.od( 06-01 -2016
FL-7016- Entrance - Factoo West - Ptt4I0?• JPG 06-01 -2016
FL- 2016- 022 -Main Entrance - Facina West - Photo 1.JPG 06-01 -2016
FL- 2016-022 property anoralser.od( 06-01 -2016
F1-2016 -022 Land Cover Mao.od( 06-01 -2016
Yes
EHP - E -
Executive Order
11988 FL- 2016-022 Firmette.at$ 06-01 -2016
(Floodplain
Management)
Census Attach
EHP -I-
Executive Order FL -2012 -022 Census,Dd(
12898 06-01 -2016
EHP - O • Clean
Water Act,
Rivers and
Harbors Act, FL -2016 -022 Wetlands Mao.od( 06-01-2016
and Executive
Order 11990
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-
Summary and fl-2016 -022 -State Environmental Reviitw.ndf 06-01-2016
Cost of Potential
Impacts
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FEMA Grants Application
Attachments
FEMA Full Aoolicatlon.odt
Close Window
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CM
ounty of onroe
BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
Mayor Pro Tem David Rice, District 4
TheFloridaKeys
Danny L. Kolhage, District 1
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
February 15, 2017
Agenda Item Number: C.13
Agenda Item Summary #2632
BULK ITEM: DEPARTMENT:
Yes Emergency Management
TIME APPROXIMATE:STAFF CONTACT:
Jeff Manning (305) 289-6325
N/A
AGENDA ITEM WORDING:
Fishermen's Hospital Mitigation Grant Application Approval to
submit an application on behalf of Fishermen's Hospital to Florida Division of Emergency
Management for a Pre-Disaster Mitigation Grant in the amount of $3,979,500. Monroe County will
not provide funding for this project. The project will retrofit the Hospital by providing a code-
compliant roof, impact resistant glazing, structural hardening, and installation of a redundant
generator system, to help ensure operability during a severe weather or other emergency event.
ITEM BACKGROUND:
Agency (FEMA) for a Pre-Disaster Mitigation Grant to harden the hospital to help protect against
hurricanes and other severe weather. Per FEMA regulations, a local jurisdiction must apply on
behalf of the hospital. Monroe County staff have drafted an inter-local agreement to receive and
administer this grant IF awarded by FEMA. Currently there is no award and no obligation. The
total amount of the hardening project is $3,979,500. The federal share, 75%, or $2,984,625 would
be awarded by FEMA. The remaining non-federal share, 25%, or $994,875, would be the
PREVIOUS RELEVANT BOCC ACTION:
This is a new grant application
CONTRACT/AGREEMENT CHANGES:
New Application
STAFF RECOMMENDATION:
Approval.
DOCUMENTATION:
Engineering - Fishermen's Hospital - Agreement for Enhanced Hazard Mitigation Feb. 2017 v5
clean
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FINANCIAL IMPACT:
Effective Date:
To Be Determined.
Expiration Date:
Total Dollar Value of Contract:
See details in Item Background.
Total Cost to County: .
None
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match
: None.
Insurance Required:
Additional Details:
See details in Item Background.
REVIEWED BY:
James Callahan Completed 02/01/2017 2:40 PM
Pedro Mercado Completed 02/01/2017 2:41 PM
Budget and Finance Completed 02/01/2017 3:48 PM
Maria Slavik Completed 02/01/2017 3:50 PM
Kathy Peters Completed 02/01/2017 4:06 PM
Board of County Commissioners Pending 02/15/2017 9:00 AM
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AGREEMENT FOR ENHANCED HAZARD MITIGATION
MONROE COUNTY
ITAL INC.
th
THIS AGREEMENT
is made and entered this 15day of February, 2017 by and
between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,
a political subdivision of the State of Florida (hereafter 1100
Simonton Street, Key West, Florida, 33040, and
Marathon, Florida, 33050.
WHEREAS,
s has applied to the Florida Department of Emergency
Management (FDEM) for a FEMA Pre-Disaster Mitigation (PDM) Grant; and
WHEREAS,
FEMA awardsPDM grant funds to State, U.S. Territory, and Federally
recognized tribal Applicants, who in-turn provide sub-awards to local government sub-
applicants; and
WHEREAS
, individual homeowners, businesses, and private non-profits may apply for
funding through eligible local government sub-applicants; and
WHEREAS,
the County, as an eligible local government sub-applicant, has applied for a
FDEM PDM grant on behalf of Fishe
WHEREAS,
obligations;
NOW THEREFORE,
in consideration of the mutual promises and conditions contained
herein, the parties agree as follows:
1.AGREEMENT PERIOD. This agreement is for the period of ________ ___,
2017 through ___________ __, 201_. This agreement shall remain in effect for the stated period
unless one party gives to the other written notification of termination pursuant to and in
compliance with paragraphs _______ below. The project work described in Exhibit A must
commence within _____ days.
2.AMOUNT OF AGREEMENT, PAYMENT AND PROCUREMENT PROCESS.
The County shall provide an amount not to exceed $_________ . Payment for
expenditures permissible by law and County policies shall be made through reimbursement to
upon presentation of Application for Payment Summary, invoices, canceled checks,
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before and after pictures, County Representative signature of inspection and other documentation
necessary to support a claim for reimbursement. It shto
contact the County Social Services Division (Matt Massoud phone: (305) 292-4405, e-mail:
Massoud-Matt@monroecounty-fl.gov or Sheryl Graham phone (305) 292-4510, e-mail:
Graham-Sheryl@monroecounty-fl.gov) and to arrange for inspection upon the completion of
. It shall be the responsibility of the project
manager to initiate the communication with the Monroe County Social Services
Division to facilitate the inspection of the work. The application for payment document must be
certified through a statement signed by an officer of the organization and notarized,
declaring that representations in the invoice are true and factual.
All work for which grant funds are to be expended must be completed by the stated
termination date of _____________________ and all invoices pertaining to this project shall be
submitted to the Finance Department of Monroe County no later than September 30, 20__ to be
considered for payment.
Procurement of all goods and services funded under this agreement shall comply with
Article 18 of Exhibit A and Monroe County Purchasing Policies and Procedures.
3. RECORDS AND REPORTS. shall keep such records as are
necessary to document the performance of the agreement and expenses as incurred, and give
access to these records at the request of the County, the State of Florida, the Florida Department
of Emergency Management or authorized agents and representatives of said government bodies.
shall also provide such access to the personal Property and equipment purchased
under this agreement. It is the responsibility of to maintain appropriate records in
accordance with generally accepted accounting principles consistently applied to insure a proper
accounting of all funds and expenditures. understands that it shall be responsible
for repayment of any and all audit exceptions which are identified by the Auditor General for the
State of Florida, the Florida Department of Emergency Management, the Clerk of Court for
Monroe County, the Board of County Commissioners for Monroe County, or their agents and
representatives. If an audit determines that monies paid to pursuant to this
agreement were spent for purposes not authorized by this agreement, shall repay the
monies together with interest calculated pursuant to Sec. 55.03, F.S. running from the date the
monies were paid to Fisherme.
4. PUBLIC ACCESS. The County and shall allow and permit
reasonable access to, and inspection of, all documents, papers, letters or other materials in its
possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and
made or received by the County and Fish in conjunction with this agreement; and the
County shall have the right to unilaterally cancel this agreement upon violation of this provision
by .
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5. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the
terms of this agreement shall be only amended in writing and approved by the Board of County
Commissioners for Monroe County. The terms, covenants, conditions, and provisions of this
agreement shall bind and inure to the benefit of the County and and their respective
legal representatives, successors, and assigns.
6. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder,
is an independent contractor. No statement contained in this agreement shall be
construed as to find or any of its officers, employees, contractors, servants or agents
to be employees of the Board of County Commissioners of Monroe County, and they shall be
entitled to none of the rights, privileges or benefits of employees of Monroe County.
7. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall
be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe
County in his or her individual capacity, and no member, officer, agent or employee of Monroe
County shall be liable personally on this agreement or be subject to any personal liability or
accountability by reason of the execution of this agreement.
8. COMPLIANCE WITH LAW. In carrying out its obligations under this
agreement, shall abide by all statutes, ordinances, rules and regulations pertaining to
or regulating the provisions of this agreement, including those now in effect and hereafter
adopted. Any violation of said statutes, ordinances, rules or regulations shall constitute a
material breach of this agreement and shall entitle the County to terminate this agreement
immediately upon delivery of written noti.
9. NON-WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec.
768.28, Florida Statutes, the participation of the County and in this agreement and
the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of immunity to the
extent of liability coverage, nor shall any contract entered into by the County be required to
contain any provision for waiver.
10. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from
liability, exemptions from laws, ordinances, and rules and pensions and relief, disability,
employees of any public agents or employees of the County, when performing their respective
functions under this agreement within the territorial limits of the County shall apply to the same
degree and extent to the performance of such functions and duties of such officers, agents,
volunteers, or employees outside the territorial limits of the County.
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11. TERMINATION FOR BREACH. The County may immediately terminate this
agreement for any breach of the terms contained herein. Such termination shall take place
immediately upon receipt of written notice of said termination. Any waiver of any breach of
covenants herein contained to be kept and performed by shall not be deemed or
considered as a continuing waiver and shall not operate to bar or prevent the County from
declaring a forfeiture for any succeeding breach either of the same conditions or of any other
conditions. Failure to provide County with certification of use of matching funds or matching in-
kind services at or above the rate of request for reimbursement or payment is a breach of
agreement, for which the County may terminate this agreement upon giving written notification
of termination.
12. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the
parties hereto with respect to the subject matter hereof and supersedes any and all prior
agreements with respect to such su and the County.
13. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. 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. This agreement is not
subject to arbitration. 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.
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this agreement, the County and agree that venue
shall lie in the appropriate court or before the appropriate administrative body in Monroe
County, Florida.
If any term, covenant, condition or provision of this agreement (or the application thereof
to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court
of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this
agreement, shall not be affected thereby; and each remaining term, covenant, condition and
provision of this agreement shall be valid and shall be enforceable to the fullest extent permitted
by law unless the enforcement of the remaining terms, covenants, conditions and provisions of
this agreement would prevent the accomplishment of the original intent of this agreement. The
County and agree to reform the agreement to replace any stricken provision with a
valid provision that comes as close as possible to the intent of the stricken provision.
The County and 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
investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall
-of-pocket expenses in appellate
proceedings.
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14. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and
agree that all disputes and disagreements shall be attempted to be resolved by meet
and confer sessions between representatives of each of the parties. If the issue or issues are still
not resolved to the satisfaction of the parties, then any party shall have the right to seek such
relief or remedy as may be provided by this agreement or by Florida law. This agreement shall
not be subject to arbitration.
15. COOPERATION. In the event any administrative or legal proceeding is
instituted against either party relating to the formation, execution, performance, or breach of this
agreement, County and agree to participate, to the extent required by the other
party, in all proceedings, hearings, processes, meetings, and other activities related to the
substance of this agreement or provision of the services under this agreement. County and
specifically agree that no party to this agreement shall be required to enter into any
arbitration proceedings related to this agreement.
16. ETHICS CLAUSE: warrants that it has not employed, retained or
otherwise had act on 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 the provision the County may, at its
discretion terminate this agreement without liability and may also, at its discretion, deduct from
the agreement or purchase price, or otherwise recover, the full amount of any fee, commission,
percentage, gift, or consideration paid to the former or present County officer or employee. The
County and warrant that, in respect to itself, it has neither employed nor retained
any company or person, other than a bona fide employee working solely for it, to solicit or
secure this agreement and that it has not paid or agreed to pay any person, company, corporation,
individual, or firm, other than a bona fide employee working solely for it, any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award or making of
this agreement. For the breach or violation of the provision, agrees that the County
shall have the right to terminate this agreement without liability and, at its discretion, to offset
from monies owed, or otherwise recover, the full amount of such fee, commission, percentage,
gift, or consideration.
17. COVENANAT OF NO INTEREST. County and covenant that
neither presently has any interest, and shall not acquire any interest, which would conflict in any
manner or degree with its performance under this agreement, and that only interest of each is to
perform and receive benefits as recited in this agreement.
18. CODE OF ETHICS. County agrees that officers and employees of the County
recognize and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to,
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compensation; misuse of public position; conflicting employment or contractual relationship; and
disclosure or use of certain information.
19. PUBLIC ENTITY CRIME STATEMENT: 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 an agreement to provide any goods or services to a public entity, may not submit a bid
on an agreement 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, sub-contractor, or consultant under an agreement with
any public entity, and may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list. By executing this document
warrants that it is in compliance with this paragraph.
20. AUTHORITY: warrants that it is authorized by law to engage in the
performance of the activities encompassed by the project herein described. Each of the
signatories for below certifies and warrants that name in this agreement
is the full name as designated in its corporate charter (if a corporation); they are empowered to
; and this agreement has been approved by the Board of
Directors of or other appropriate authority.
21. INSURANCE: agrees that it maintains in force at its own expense a
liability insurance policy which will insure and indemnify and the County from any
suits, claims or actions brought by any person or persons and from all costs and expenses of
litigation brought against for such injuries to persons or damage to property
occurring during the agreement or thereafter that results from performance by of the
obligations set forth in this agreement. At all times during the term of this agreement and for one
year after acceptance of the project, shall maintain on file with the County a
certificate of the insurance of the carriers showing that the aforesaid insurance policy is in effect.
The following co
A.
B. Commercial General Liability Insurance with minimum limits of $500,000
Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall
be $250,000 per Person $500,000 per occurrence $50,000 property damage.
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C. Comprehensive Auto Liability Insurance with minimum limits of $300,000 combined
single limit per occurrence.
Florida Department of Emergency Management and the County shall be named as
of cancellation, non-renewal or shall provide to
the County, as satisfactory evidence of the required insurance, including the insurance policy
application and either:
Original Certificate of Insurance, OR
Certified copy of the actual insurance policy, OR
Certificate of Insurance e-mailed from Insurance Agent/Company to County Risk
Management - Telephone Maria Slavik at (305) 295-3178 for details (Certificates can be e-
mailed directly from the insurance agency to: Slavik-Maria@MonroeCounty-FL.Gov)
An original certificate or a certified copy of any or all insurance policies required by this
contract shall be filed with the Clerk of the BOCC prior to the contract being executed by the
FEMA
Florida Department of Emergency Management is the Certificate Holder and additional Insured
should be mailed to:
Monroe County Board of County Commissioners
c/o Risk Management
P.O. Box 1026
Key West, FL 33041
22. HOLD HARMLESS/INDEMNIFICATION. Notwithstanding any minimum
d,
indemnify and hold the County and the County
harmless from and against (i) any claims, actions or causes of action, (ii) any litigation,
administrative proceedings, appellate proceedings, or other proceedings relating to any type of
injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs
or expenses that may be asserted against, initiated with respect to, or sustained by, any
its employees, agents, contractors or other invitees during the term of this Agreement, (B) the
-contractors
under the terms of this Agreement, except to the extent the claims, actions, causes of action,
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litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or
omissions of the County or any of its employees, agents, contractors or invitees (other than
expenses relate to events or circumstances that occur during the term of this Agreement, this
section will survive the expiration of the term of this Agreement or any earlier termination of this
Agreement.
cooperate with the County in the investigation arising as a result of any suit, action or claim
related to this agreement.
23. NOTICE. Any notice required or permitted under this agreement shall be in
writing and hand delivered or mailed, postage prepaid, to the other party by certified mail,
returned receipt requested to the following:
For : _________________________
_________________________
_________________________
_________________________
For County: Monroe County Social Services
Attn: Sheryl Graham
1100 Simonton Street, Suite 2-257
Key West, Florida 33040
And
th
1111 12 Street, Suite 408
Key West, Florida 33040
24. CLAIMS FOR FEDERAL OR STATE AID. and County agree that
each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further
the purpose of this agreement; provided that all applications, requests, grant proposals, and
funding solicitations shall be approved by each party prior to submission.
25. NON-DELEGATION OF CONSTITUTIONAL OR STATUTORY DUTIES.
This agreement is not intended to, nor shall it be construed as, relieving any participating entity
from any obligation or responsibility imposed upon the entity by law except to the extent of
actual and timely performance thereof by any participating entity, in which case the performance
may be offered in satisfaction of the obligation or responsibility. Further, this agreement is not
intended to, nor shall it be construed as, authorizing the delegation of the constitutional or
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statutory duties of the County, except to the extent permitted by the Florida constitution, state
statute, and case law.
26. NON-RELIANCE BY NON-PARTIES. No person or entity shall be entitled to
rely upon the terms, or any of them, of this agreement to enforce or attempt to enforce any third-
party claim or entitlement to or benefit of any service or program contemplated hereunder, and
the County and agree that neither the County nor or any agent, officer,
or employee of either shall have the authority to inform, counsel, or otherwise indicate that any
particular individual or group of individuals, entity or entities, have entitlements or benefits
under this agreement separate and apart, inferior to, or superior to the community in general or
for the purposes contemplated in this agreement.
27. ATTESTATIONS. agrees to execute such documents as the County
may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a
Drug-Free Workplace Statement.
28. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall
be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe
County in his or her individual capacity, and no member, officer, agent or employee of Monroe
County shall be liable personally on this agreement or be subject to any personal liability or
accountability by reason of the execution of this agreement.
29. 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.
30. 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.
31. FEDERAL CONTRACTING REQUIREMENTS. All of the terms and
conditions of the agreement between Monroe County and the State of Florida, Division of
Emergency Management dated ________ ___, 2017 are incorporated herein as if set out fully.
All of the requirements in said agreement -
Fishermes as if set out fully herein. Said agreement between Monroe County and the State of
Florida, Division of Emergency Management dated ________ ___, 2017 is attached hereto as
Exhibit A.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and date first written above in four (4) counterparts, each of which shall, without proof or
accounting for the other counterparts, be deemed and original contract.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
By___________________________ By _____________________________________
Deputy Clerk Mayor/Chairman
Witness:
____________________________ ________________________________________
Signature Signature of person authorized to legally bind
Corporation
____________________________
Print Name
Date:________________________
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