Item G09 G.9
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
November 20, 2019
Agenda Item Number: G.9
Agenda Item Summary #6118
BULK ITEM: Yes DEPARTMENT: Local Disaster Recovery
TIME APPROXIMATE: STAFF CONTACT: Helene Wetherington (305) 289-
2524
NA
AGENDA ITEM WORDING: Presentation of the "Summary of Activities Report" from the
Monroe County Long-term Recovery Group in compliance with the reporting requirements of the
Land Lease Agreement (Resolution 218-2018) for the vacant county owned land located at 30320
Overseas Highway, Big Pine Key, Florida, known as Volunteer Village, established to house disaster
relief workers post Irma.
ITEM BACKGROUND:
Since the devastating impacts of Hurricane Irma which made landfall in the Florida Keys on
September 10, 2017, a range of non-profit and faith-based organizations have volunteered their
resources and services to support the immediate response and recovery process. The Monroe County
Long Term Recovery Group (LTRG) formed in 2018, under the national framework recommended
by FEMA, to ensure that non-profit and philanthropic resources can be maximized, unmet needs can
be effectively communicated, and a duplication of efforts avoided. The recovery efforts were
hindered by the severe shortage of housing in Monroe County and high housing cost. In August of
2018, the LTRG approached the County to seek assistance in identifying temporary housing for
recovery volunteers.
On August 15, 2018, the Monroe County Board of County Commissioners approved a land lease
agreement for the property listed above allowing the LTRG to establish a Volunteer Village which
houses volunteer workers assisting in the recovery effort. The lease remains effective until August
14, 2020 with the option of two additional one-year renewal terms.
Annually, the lessee is required to provide Lessor with a Summary of Activities Report, which
details actions taken to support recovery in Monroe County. A statistical analysis should be
incorporated which details number of families served, number of relief worker hours contributed,
and resources distributed to support disaster recovery. In October, 2019, the LTRG submitted the
attached Report in compliance with the terms of the lease.
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G.9
The report indicates:
Number of families served: 11,157
Number of relief worker hours contributed: 50,406
Resources distributed to Support disaster recovery: food cards, tarps, rent assistance, utility
assistance, muck and gut services, mold remediation, roof repair and replacement, drywall and
appliance purchases, relocation assistance, weekly food distribution, emotional and mental health
small groups coordination and no-cost legal assistance.
The LTRG currently have reservations for volunteers at the volunteer village through July, 2020.
PREVIOUS RELEVANT BOCC ACTION: August 15, 2018,Agenda Item D6, Resolution 218-
2018
CONTRACT/AGREEMENT CHANGES:
Summary of Activities Report Submission
STAFF RECOMMENDATION: Lessee term for land is until August 14, 2020. Work with lessee
to determine how much longer Volunteer Village is needed within this term.
DOCUMENTATION:
Final Resolution and Lease Agreement Signed by all
Update to the Monroe BOCC 103019
FINANCIAL IMPACT:
Effective Date: August 15, 2018
Expiration Date: August 14, 2020
Total Dollar Value of Contract: $10.00 per term plus applicable sales tax
Total Cost to County: None
Current Year Portion: $10.00
Budgeted: NA
Source of Funds: NA
CPI:
Indirect Costs: NA
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: Yes If yes, amount: $10.00
Grant: No
County Match: $ 0
Insurance Required: Yes, by Lessee
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G.9
Additional Details:
REVIEWED BY:
Helene Wetherington Completed 10/30/2019 2:24 PM
Assistant County Administrator Christine Hurley Completed
10/31/2019 5:37 PM
Christine Limbert Completed 11/04/2019 12:05 PM
Budget and Finance Completed 11/04/2019 12:13 PM
Maria Slavik Completed 11/04/2019 1:59 PM
Kathy Peters Completed 11/04/2019 2:00 PM
Board of County Commissioners Pending 11/20/2019 9:00 AM
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G.9.a
RESOLUTION NO. 218- 2018
A RESOLUTION BY THE BOARD OF COUNTY E_
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
APPROVING A TWO (2) YEAR LAND LEASE AGREEMENT
BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA AND THE MONROE COUNTY
LONG TERM RECOVERY GROUP, INC. ("LTRG"), A NOT FOR
PROFIT ORGANIZATION, TO LEASE VACANT COUNTY-
OWNED LAND, LOCATED AT 30320 OVERSEAS HIGHWAY,
BIG PINE KEY, FLORIDA TO PROVIDE TEMPORARY
HOUSING FOR DISASTER RELIEF WORKERS ASSIGNED TO
ASSIST WITH RECOVERING FROM HURRICANE IRMA; AND
PROVIDING AN EFFECTIVE DATE.
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WHEREAS, Section 125.38,Florida Statutes, authorizes not for profit organizations organized for 1�
the purposes of promoting community interest and welfare who desire the use of real property owned by CL
the County or its board of county commissioners that is not needed for other County purposes, to apply to W
the board of county commissioners to lease such property; and U)
WHEREAS, if the Board is satisfied the desired property is required for such use and is not Z
needed for other purposes, the County may, by duly adopted resolution of the Board, lease the property to
the not for profit organization at a fixed price, whether nominal or otherwise, regardless of the value of
the property, with no advertisement required; and
WHEREAS, pursuant to the F.S. 125.38, the adopted resolution must recite the fact that an
application has been made, the purpose for which the leased property is to be used, the rent and (n
terms of the lease; and
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WHEREAS, in February 2018, the Monroe County Long Term Recovery Group, Inc.
("LTRG") was formed to provide coordinated long term disaster recovery services to the citizens
of Monroe County, Florida, recovering from the devastating impacts of Hurricane Irma which
made landfall in the Florida Keys on September 10, 2017; and
WHEREAS, the LTRG is made up of non-profit organizations who have access and are
able to receive grants from available Federal and State programs to assist the citizens of Monroe
County, Florida, in their long term disaster recovery and rebuilding efforts in a coordinated
manner; and
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WHEREAS, due to the severe shortage of workforce housing throughout Monroe County,
and without a centralized location, the LTRG have been limited in their efforts because they have
been unable to provide the temporary housing needed for disaster relief workers that otherwise
may be available from many not for profit and faith-based organizations across the country; and
WHEREAS, the vacant land located at 30320 Overseas Highway, Big Pine Key, Florida,
is owned by the County and is not needed for other County purposes at this time; and
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WHEREAS, on July 18, 2018, the LTRG delivered a detailed presentation to the Board
outlining their current efforts and desired goals to more effectively deliver critically needed long
term disaster recovery services to the citizens of Monroe County, Florida, recovering from the iz
devastating impacts of Hurricane Irma and requested the County lease the vacant land located at
30320 Overseas Highway, Bi Pine Ke Florida to LTRG to provide the temporary housing E
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needed for long term disaster relief workers and provide a centralized location; and
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WHEREAS, it is the desire of the Board to lease the County-owned property located at
30320 Overseas Highway, Big Pine Key, Florida, which is not currently needed for other County
purposes, to LTRG to provide the temporary housing for disaster relief workers to deliver long term
disaster recovery services to citizens of Monroe County, Florida, who are still recovering from
the devastating impacts of Hurricane Irma; and
WHEREAS, the Land Lease Agreement, attached hereto and made a part of this 0
Resolution as "Exhibit A", leases the property located at 30320 Overseas Highway, Big Pine
Key, Florida, to LTRG for a period of two (2) years at the rate of ten dollars ($10) per term, plus
applicable sales tax, commencing August 15, 2018, and terminating on August 14, 2020, with an option
to renew for two (2) additional one-year terms;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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Section 1. The Board hereby adopts the foregoing as findings of fact.
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Section 2. The Board approves the Laird Lease Agreement between the Board of County 2
Commissioners of Monroe County, Florida, and the Monroe County Long Term Z
Recovery Group, Inc., attached hereto and made a part of this Resolution as "Exhibit
A", to provide temporary housing for long term disaster recovery services to citizens
of Monroe County, Florida, recovering from the devastating impacts of Hurricane
Irma.
Section 3. The Board hereby directs the Clerk to transmit a certified copy of this resolution to (n
Stephanie Kaple, Chair, Monroe County Long Term Recovery Group, Inc., P. O.
Box 4767, Key West, Florida 33041.
Section 4. This resolution shall become effective upon adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Mo&oe
County,Florida at a regular meeting held on the 15th day of August, 2018. C) Z5
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Mayor David Rice Yes ^°
Mayor Pro Tem Sylvia Murphy Yes z .
Ef9 Commissioner Danny Kolhage Yes Z.�Q
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Commissioner George Neugent Yes
x yM Commissioner Heather Carruthers YesNW
BOARD OF COUNTY COMMISSIONERS
VIN MADOK, CLERK OF MONROE OUN �ii', FLORIDA
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By: By:
Deputy Clerk Mayor David Rice 0
MONROE COUNTY ATTORNEY'S OFFICE
AP ROVED,AS TO 0
PATRICIA EABLES
ASSISTANT COU TY_ATT RNEY
DATE:
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LAND LEASE AGREEMENT
MONROE COUNTY LONG TERM RECOVERY GROUP,INC. E_
THIS LEASE AGREEMENT is made and entered into this August 15, 2018, by and c
between MONROE COUNTY, a political subdivision of the State of Florida, whose address is
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1100 Simonton Street, Key West, Florida 33040 ("Lessor"), and MONROE COUNTY LONG
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TERM RECOVERY GROUP, INC., a non-profit corporation of the State of Florida, whose
principal address is P. O. Box 4767, Key West, Florida, 33041 ("Lessee" / "Long Term c
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Recovery Group").
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WHEREAS, Monroe County in 2004 purchased and now owns the property located at
30320 Overseas Highway, Big Pine Key, Florida("Premises"); and
WHEREAS, the Lessee desires to use the Premises for its primary purpose of providing
recovery services to individuals and families affected by disasters in the Florida Keys
Community; and
WHEREAS, the Lessor has determined that the availability of affordable housing for
persons in the work force is critically low in Monroe County; and
WHEREAS, Lessee's mission includes providing temporary housing facilities for relief
workers coordinated by the Long Term Recovery Group providing services to the Florida Keys
community after a disaster; and
WHEREAS, the parties recognize that a primary purpose of the County acquiring the
Premises was to be able to use the Premises for the staging of pre-disaster and post-disaster
operations; and
WHEREAS, the County finds that the best interests of the citizens of the Florida Keys
are served by the placement of temporary housing facilities, including but not limited to,
recreational vehicles,modular units, trailers, fold out shelters, and site built structures, to be used
as sheltering units for the relief workers at the Premises; and
WHEREAS, the parties desire to enter into this Land Lease Agreement("Lease") for the
Premises for the purposes as set forth herein; and
NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants 0
set forth below,the parties agree as follows:
1. Premises. The Lessor does hereby lease to Lessee and Lessee leases from the
Lessor, the undeveloped land only at 30320 Overseas Highway, Big Pine Key,
Florida, 33043 ("Exhibit A"), a copy of which is attached hereto and made a part
hereof. This Lease is subject to that certain Easement as set forth in a Special
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G.9.a
= Warranty Deed dated August 27, 1990, and recorded in Official Records Book 1142,
at Page 1544 of the Public Records of Monroe County, Florida, as indicated on
Exhibit"A"to this Lease.
2. Term and Effective Date. Subject to and upon the terms and conditions set
forth herein, this Lease shall continue in full force and effect for a term of two (2) c
years commencing as of August 15, 2018, and terminating on August 14, 2020.
Lessee shall have an option, at Lessor's discretion, to renew for two additional one-
year terms as set forth in paragraph 3 herein.
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3. Extension Period. Lessee may be granted two (2) additional one (1) year
renewal terms, conditioned upon satisfactory compliance with the terms of this Lease
as a prerequisite to exercising any option to renew. Lessee may, at least sixty (60)
days prior to the expiration of this Lease, request in writing, that Lessor renew the
Lease, under the same terms and conditions, for an additional Term of not more than
one(1)year for each renewal("Extension Period").
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4. Rent. Lessee shall pay the Lessor the sum of Ten Dollars ($10.00) per Term,
plus applicable sales tax, due on the first day of each Term, including any extension
periods, payable in advance and remitted to Monroe County Clerk's Office, 500
Whitehead Street,Key West,Florida 33040.
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5. Taxes. The Lessee shall pay all taxes and assessments, if any, including any
sales or use tax, levied by any governmental agency with respect to the Lessee's
operations on the Premises.
6. Insurance. Prior to commencement of work governed by this contract(including the
pre-staging of any personnel and temporary housing facilities), Lessee shall obtain, at
Lessee's own expense, insurance as specified in Exhibit "B" attached hereto and
made a part hereof.
Lessee shall provide to the Lessor, as satisfactory evidence of the required insurance,
either (1) a Certificate of Insurance or, (2) a Certified copy of the actual insurance
policy. The Lessor, at its sole option, has the right to request a certified copy of any
or all insurance policies required by this Lease.
All insurance policies must specify that they are not subject to cancellation, non-
renewal, material change, or reduction in coverage unless a minimum of thirty (30)
days prior notification is given to the Lessor by the insurer.
The acceptance and/or approval of Lessee's insurance shall not be construed as
relieving Lessee from any liability or obligation assumed under this contract or
imposed by law.
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The Monroe County Board of County Commissioners, its employees and officials
shall be included as "Additional Insured" on all policies, except for Worker's
Compensation.
The All Risk Property Insurance, as shown in Exhibit`B" attached hereto,will not be
required until some type of temporary housing facilities or structures are actually
placed on the Premises, if a Waiver of Insurance form is properly submitted and
approved by the Monroe County Risk Administrator. The All Risk Property
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G.9.a
Insurance must be in place, however, prior to any type of structure being delivered to
the Premises.
If the insurance policies originally purchased which meet the requirements of this
Lease are cancelled, terminated, or reduced in coverage, then the Lessee shall
immediately substitute complying policies so that no gap in coverage occurs. Copies c
of current policy certificates shall be filed with the Monroe County Risk Department
whenever acquired, amended, and annually during the term of this Lease.
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7. Utilities. Lessee shall be responsible for paying any and all costs of utilities,
including any development fees, connection fees and/or lines associated with
connection to any of the utility services, and monthly utility fees, such as water,
electric, sewer, solid waste, telephone, or cable. If any additional infrastructure is
required for any such utilities, Lessee shall be responsible for payment of all costs or
fees associated thereto.
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8. Mechanic's Liens. The Lessee shall not permit any mechanic's lien or liens to
be placed on the Premises or on improvements thereon. If a mechanic's lien is filed, it
shall be the sole responsibility of the Lessee or its officer, employee, agent,
contractor, or other representative causing the lien to be filed to discharge the lien and Z
to hold harmless and defend Monroe County against enforcement of such lien.
Pursuant to Section 713.23, Fla. Stat., the liens authorized in Ch. 713, Fla. Stat. does
not apply to the Lessor.
9. Records—Access and Audits. The Lessee shall maintain all books, records, and
documents directly pertinent to performance under this Agreement in accordance with
generally accepted accounting principles consistently applied and maintain such
records for a period of four (4) years after termination of this Lease. The Lessor, its
officers, employees, agents, and contractors shall have access to the Lessee's books,
records, and documents related to this Lease upon request. The access to the
inspection of such books, records, and documents by the Lessor shall occur at any
reasonable time.
10. Relationship of Parties. The Lessee is, and shall be an independent
contractor and not an agent or servant of the Lessor. The Lessee shall exercise
control, direction, and supervision over the means and manner that its personnel,
relief workers, and volunteers perform the work for which purpose this lease is
entered. The Lessee shall have no authority whatsoever to act on behalf and /or as
agent for the Lessor in any promise, lease, or representation other than specifically
provided for in this Lease. The Lessor shall at no time be legally responsible for any
negligence on the part of the Lessee, its employees, agents, relief workers, or
volunteers resulting in either bodily or personal injury or property damage to any
individual,property,or corporation.
11. Termination. This Lease may be terminated at the discretion of the Lessor in the
following circumstances:
A. Lessee fails to pay the rent when due;
B. Lessee fails to obtain the insurance required under this Lease or allows the
required insurance coverage to lapse or fall below the minimum required;
C. Lessee otherwise breaches the terms of this Lease.
D. Lessor may terminate this Lease upon giving sixty (60) days' prior written notice
to the Lessee.
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G.9.a
Unless the Lessor has accepted in writing a delay in performance of duties, the E
failure to perform said duties shall constitute a default under the terms of this Lease.
In the case of default/breach, the County Administrator or his designee shall first give
Lessee a written notification stating the default/breach and that Lessee has seven (7) o
days to correct the default/breach. if the Lessee has not corrected the default/breach
at the end of the seven (7) days, then the Lessor may terminate the Lease in its
discretion. If it shall be necessary to employ the services of an attorney in order to
enforce its rights under this Lease, the Lessor shall be entitled to reasonable
attorney's fees. Waiver of a default in any particular month shall not bind the Lessor
to forego the provisions of this paragraph and any subsequent default shall be grounds
for termination. °b
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12. Use and Conditions. P
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A. The Premises shall be used solely for the purposes of conducting the Lessee's o
activities related to providing recovery services to individuals and families °b
affected by disasters in the Florida Keys, including the provision of affordable
housing for relief workers coordinated by the Long Term Recovery Group, who
may be providing services for Lessee. ,
B. Lessee may use exterior utility connections such as water, electricity, and any
other utilities currently located on the Premises. Lessee shall be responsible for o
the cost of such utilities as set forth in paragraph 7 of this Lease.
C. Lessee may place only temporary housing facilities to be used as sheltering units, E
on the Premises that are in compliance with all rules and regulations of Monroe
County, including but not limited to, recreational vehicles, modular units, trailers,
fold out shelters, and site built structures, on an as needed basis. Lessee will P
advise Lessor when such placement or removal will occur.
D. Lessee will further use and occupy the Premises in a careful and proper manner, <
and not commit any waste thereon. The Lessee shall not cause, or allow to be
caused, any nuisance or objectionable activity of any nature on the Premises. Any
activities in any way involving hazardous materials or substances of any kind
whatsoever, either as those terms may be defined under any state or federal laws
or regulations or as those terms are understood in common usage, shall strictly
comply with all federal, state, and local laws. Lessee shall not use or occupy the
Premises for any unlawful purpose and will,at the Lessee's sole cost and expense, E
conform to and obey any present or future ordinance and/or rules, regulations,
requirements, and orders of governmental authorities or agencies respecting the
use and occupation of the Premises.
E. Lessee shall be solely responsible for operating and maintaining the Premises,
including all utilities, security, enforcement of rules and regulations, programs,
transportation, and any and all other aspects of operations.
F. During the Term of this Lease, Lessee shall annually provide Lessor with a
Summary of Activities Report which details actions taken to support recovery in g
Monroe County. A statistical analysis should be incorporated which details
number of families served, number of relief worker hours contributed, and
resources distributed.
G. If the Premises are used for any other purpose, without the Lessor Administrator's
prior written consent, the Lessor shall have the option of immediately terminating
this Lease. The Lessee shall not permit any use of the Premises in any manner that
would obstruct or interfere with any Lessor functions and duties. Further, the E
Lessee shall not sublease any space or antenna use to any other entity.
H. The Lessee acknowledges-that the Premises contain soil contamination. The
Lessee accepts the property in its "AS-IS" condition. The Lessee does hereby
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accept the leased Premises as now being in fit and tenantable condition for all
purposes of the Lessee.
I. No structure or improvements of any kind, whether temporary or permanent, shall
be placed upon the land without prior approval in writing by the Monroe County
Administrator.
J. Lessee shall preform, at its sole expense, all work required in the preparation of
the Premises hereby used for occupancy by the Lessee, except as otherwise
provided in this Lease.
K. Lessor reserves the right to inspect the leased area and to require whatever
adjustment to structures or improvements that Lessor, in its sole discretion, deems
necessary. Any adjustments shall be done at the Lessee's sole cost and expense.
L. Signage of any type shall comply with the County's sign regulations.
M. At any time that the Premises are needed by the Lessor for pre-disaster and/or
post-disaster staging operations, Lessee shall accommodate Lessor to the fullest
degree possible. This shall include, when necessary, but not limited to, cessation
of the Long Term Recovery Group's activities and purposes, as fully as possible
to accommodate storage of materials by Lessor, and the like.
13. Lessee Covenants. Lessee covenants and agrees as follows:
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A. Lessee will vacate the structures and the Premises on or before August 14, 2020,
unless it exercises its option to renew this Lease.
B. To maintain the grounds of the Premises including but not limited to; mowing,
weeding,trimming of plants and trees, and trash removal.
C. Lessee will limit access to the Premises to staff, employees, registered relief
workers,volunteers, or any others authorized by a staff member of the Lessee.
D. Lessee may allow limited access by the public for the purpose of processing the
donation of an approved temporary housing facility/structure. Any member of the
public making such a donation will be accompanied on the Premises by a staff
member of the Lessee.
E. Lessee will provide restroom facilities on the Premises for the use of the staff,
employees, registered relief workers, volunteers, and any others authorized by a
staff member of the Lessee.
F. Lessee shall maintain any and all appropriate Federal, State, County, or City
occupational license during the period of this lease.
G. Lessee agrees to keep the leased Premises in a safe, clean, and well-maintained
order at no expense to the Lessor. This provision is to be monitored by the
Director of Facilities or his representative.
H. Lessee agrees to operate its business in a business like manner.
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14. Lessor Covenants. In connection with the above demised Premises, the Lessor
covenants with the Lessee that conditioned upon Lessee's performance and
observance of Lessee's covenants herein, Lessee shall have quiet enjoyment and
peaceable possession of the Premises during the term of this Lease. In the event the
Monroe County BOCC elects to maintain and/or use the Premises in any manner in
the vicinity of the leasehold herein, either by necessity, or by choice, such activity
will not be considered as a breach of any covenant of this Lease.
Lessor further covenants and agrees as follows:
A. Monroe County Director of Facilities, or his representative, will secure the
Premises on August 15, 2020, unless the Lessee exercises any extension period
pursuant to the terms of this Lease.
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B. Lessor shall provide to Lessee access to the secured Premises for the purpose of
evaluating the condition and status of any existing utility services for the repair or
replacement of the existing utilities by the Lessee.
15. Maintenance and Condition of the Premises. During the term of this Lease,
Lessee is responsible for all maintenance and repairs, including major repairs. Lessee
must keep the Premises in good order and condition. Lessee must promptly repair
damage to the Premises. At the end of the term of this Lease, the Lessee must
surrender the Premises to the Lessor in the same good order and condition as the �s
Premises were on the commencement of the term, normal wear and tear excepted.
The Lessee shall not commit waste on the Premises, nor maintain or permit a
nuisance on the Premises. After termination or expiration of this Lease, the Lessee
shall pay the Lessor the cost of any repairs and clean-up necessary to restore the
Premises to its condition at the commencement of the Lease.
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16. Assignment. Lessee may not assign this Lease or assign or subcontract any of its
obligations under this Lease without the prior written approval of the Monroe County
BOCC. All the obligations of this Lease will extend to and bind the legal
representatives, successors, and assigns of the Lessee and the Lessor.
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17. Subordination. This Lease is subordinate to the laws and regulations of the United
States, the State of Florida, and Monroe County, whether in effect on commencement
of this Lease or adopted after that date.
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18. Licenses. Lessee shall be responsible for and provide all licenses required by all
local, state, and federal agencies.
19. Cessation of Long Term Recovery Group Operations. Upon the natural
expiration or early termination of this Lease, the operation of a temporary housing
facility shall immediately be ceased and all improvements, equipment, and other
personalty of the Lessee, its officers, staff, employees, agents, relief workers,
volunteers, and invitees shall immediately be removed from the Premises. Any
damage to the Premises which has occurred due to the use contemplated under this
Lease shall be immediately repaired and the Premises restored to its original
condition, unless the parties agree at the cessation of operations that the Premises
need not be repaired or restored due to other benefits installed by Lessee during the
Term of this Lease. Should the Lessee determine to cease operation prior to natural
termination of this Lease, the Lessee shall give Lessor prior written notice of such
intended cessation sixty (60) days before the effective date of the cessation of
operation.
20. Premises to be Used for Lawful Purposes. It is expressly covenanted between
the parties hereto that the Lessee will not use, suffer nor permit any person to use in
any manner whatsoever the leasehold property, nor any portion thereof, for purposes
calculated to injure the reputation of the leasehold property or of the neighboring
property,nor for any purpose or use in violation of the laws of the Untied States, or of
the State of Florida, or of the Ordinances of Monroe County, Florida. Lessee will
keep and save the Lessor forever harmless from any penalty or damage or charges
imposed for any violation of any of said laws, whether occasioned by neglect of
Lessee and Lessee will indemnify and save and keep harmless the Lessor against and
from any loss, cost, damage, and expense arising out of any accident or other
occurrence, causing injury to any person or property whomsoever or whatsoever, and
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due directly or indirectly to the use of the leasehold Premises or any part thereof by
Lessee.
21. Limitation of Lessor's Liability. It is further agreed that in no case shall the Lessor
herein be liable, under any express or implied covenants in the Lease, for any
damages whatsoever to the Lessee beyond the rent reserved by the Lease accruing,
for the act, or breach of covenant, for which damages may be sought to be recovered
against said Lessor, and that in the event said Lessee shall be ousted from the
possession of said property by reason of any defect in the title of said Lessor or said
Lessor's authority to make this Lease, said Lessee shall not be required to pay rent
under this Lease while it is so deprived of said property, and that said Lessor shall not
incur any liability as a result of such ouster.
22. No Waiver of Breach. It is further mutually covenanted and agreed between the
parties hereto that no waiver of a breach of any of the covenants of this Lease shall be
construed to be a waiver of any succeeding breach of the same covenant.
23. Rules and Regulations.
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A. COMPLIANCE. Lessee shall comply with all reasonable rules and regulations Z
with respect to use of the Premises, as the same may be amended from time to
time, all additional laws, statutes, ordinances,regulations, and rules of the federal,
state, and county governments, and any and all plans and programs developed in
compliance therewith, which may be applicable to its operations, including E
specifically, without limiting the generality thereof, federal safety laws and
regulations, and federal, state, and county environmental, hazardous waste and
materials and natural resources laws,regulations, and permits.
B. VIOLATIONS. Lessee agrees to pay on behalf of the Lessor any penalty,
assessment, or fine, issued against the Lessor, or to defend in the name of the
Lessor any claim, assessment, or civil action, which may be presented or initiated
by any agency or office of the federal, state, or county governments, based in
whole or substantial part upon a claim or allegation that Lessee, its agents,
employees, or invitees have violated any law, ordinance, regulation, rule, or
directives described in 23(A) above.
24. County's Right of Entry. The Lessor reserves the right hereunder to enter
upon the Premises at any reasonable time during normal operating hours for the
purpose of inspecting said Premises to determine whether Lessee has complied and is
complying with the terms and conditions of this Lease. The Lessee hereby agrees to
keep the Premises at all times in a clean and sanitary condition, and not to maintain or
keep upon said Premises any properties or equipment not used in connection with the
operation of said business, unless authorized by the Lessor to do so.
25. Leasehold Improvements. The Lessee agrees not to make any alterations to
said Premises, without first obtaining written consent of the Lessor to do so. Such
alterations shall be based on plans approved by the Monroe County Administrator and
shall be subject to all State and County code provisions governing construction.
Lessee shall be responsible for obtaining any permits required by any governmental
agency. All site improvements shall be pre-approved by the Monroe County Board of
County Commissioners.
26. Responsibility for Property on Leasehold. All property of any kind that may be
on the Premises during the term of this Lease shall be at the sole risk of the Lessee.
7
Packet Pg. 1212
• G.9.a
The Lessor shall not be liable to the Lessee or any other person for any injury, loss, or
damage to property or person on the Premises.
27. Damage to Leasehold. In the event that the demised Premises, or a major part
thereof, are destroyed by fire, storm, or any other casualty, the Lessor at its option
may forthwith repair the damage to the Premises and any structures located thereon at c
its own cost and expense. The rental thereon shall cease until the completion of such
repairs. If Lessor exercises its option to repair the Premises, Lessee agrees to assign
its right to the insurance proceeds to.the Lessor. �s
0
28. Rights Reserved. Rights not specifically granted to Lessee by this Lease are
reserved to the Lessor.
29. Indemnification / Hold Harmless. The Lessee covenants and agrees to defend,
indemnify and hold harmless Monroe County Board of County Commissioners, and
its elected and appointed officers, officials, agents, servants, and employees from any
and all claims, demands, or causes of action for bodily injury (including death),
personal injury, and property damage (including property owned by Monroe County)
and any other losses, damages, costs, penalties, and expenses (including attorney's
fees) which arise out of, in connection with, or by reason of the Lessee utilizing the Z
property governed by this lease/rental agreement. The extent of liability is in no way
limited to, reduced, or lessened by the insurance requirements contained elsewhere
within this agreement.
cu
30. Governing Law, Venue, and Interpretation: This Lease 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. In the event that any cause of action
or administrative proceeding is instituted for the enforcement or interpretation of this
Lease, the Lessor and Lessee agree that venue will lie in the appropriate court or
before the appropriate administrative body in Monroe County, Florida.
The Lessor and Lessee agree that, in the event of conflicting interpretations of the
terms or a term of this Lease by or between any of them the issue shall be submitted
to mediation prior to the institution of any other administrative or legal proceeding.
31. Entire Agreement. This writing embodies the entire agreement and understanding
between the parties hereto, and there are no other agreements and understandings,
oral or written, with reference to the subject matter hereof that are not merged herein
and superseded hereby. Any amendment to this Lease shall be in writing, approved
by the Board of County Commissioners, and signed by both parties before it becomes
effective.
32. Severability. If any term, covenant, condition, or provision of this Lease (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 Lease, shall not be affected thereby; and
each remaining term, covenant, condition, and provision of this Lease 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 Lease would
prevent the accomplishment of the original intent of this Lease. The Lessor and
Lessee agree to reform the Lease to replace any stricken provision with a valid
provision that comes as close as possible to the intent of the stricken provision.
8
Packet Pg. 1213
G.9.a
33. Attorney's Fees and Costs. The Lessor and Lessee agree that in the event any cause
of action or administrative proceeding is initiated or defended by any parry relative to
the enforcement or interpretation of this Agreement, the prevailing parry shall be
entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket
expenses, as an award against the non-prevailing parry, and shall include attorney's
fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings.
Mediation proceedings initiated and conducted pursuant to this Lease shall be in
accordance with the Florida Rules of Civil Procedure and usual and customary �s
procedures required by the circuit court of Monroe County.
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34. Binding Effect. The terms, covenants, conditions, and provisions of this Lease shall
bind and inure to the benefit of the Lessor and Lessee and their respective legal
representatives, successors, and assigns.
0
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35. Authority. Each party represents and warrants to the other that the execution,
delivery and performance of this Lease have been duly authorized by all necessary
County and corporate action, as required by law.
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36. Claims for Federal or State Aid. Lessor and Lessee agree that each shall be, and is, Z
empowered to apply for, seek, and obtain federal and state funds to further the
purpose of this Lease; provided that all applications, requests, grant proposals, and
funding solicitations shall be approved by each parry prior to submission.
37. Adiudication of Disputes or Disagreements. Lessor and Lessee 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 Lease or by Florida law.
38. Cooperation. In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution,performance, or breach of this Lease,
Lessor and Lessee agree to participate, to the extent required by the other parry, in all
proceedings, hearings, processes, meetings, and other activities related to the
substance of this Lease or provision of the services under this Lease. Lessor and
Lessee specifically agree that no party to this Lease shall be required to enter into any
arbitration proceedings related to this Lease.
39. Nondiscrimination. Lessor and Lessee agree that there will be no discrimination
against any person, and it is expressly understood that upon a determination by a
court of competent jurisdiction that discrimination has occurred, this Lease
automatically terminates without any further action on the part of any party, effective
the date of the court order. Lessor and Lessee agree to comply with all Federal and
Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination.
These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL
88-352) which prohibits discrimination in employment on the basis of race, color,
religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972,
as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination
on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended(20
USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age
Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) which prohibits
discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of
1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug
9
Packet Pg. 1214
abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment
and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The,Public Health
Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of
the Civil Rights Act of 1968 (42 USC s.3601 et seq.), as amended, relating to e
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to
time, relating to nondiscrimination on the basis of disability; 10) Monroe County �s
Code, Chapter 14, Article II, which prohibits discrimination on the basis of race,
color, sex, religion, disability, national origin, ancestry, sexual orientation, gender
identity or expression, familial status or age; 11) Any other nondiscrimination
provisions in any Federal or state statutes which may apply to the parties to, or the
subject matter of, this Lease.
0
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40. Covenant of No Interest. Lessor and Lessee 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 Lease, and that the only interest of each is to
perform and receive benefits as recited in this Lease.
Z
41. Code of Ethics. Lessor agrees that officers and employees of the Lessor 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; E
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
0
42. No Solicitation/Payment. The Lessor and Lessee 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 Lease 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
Lease. For the breach or violation of this provision,the Lessee agrees that the Lessor
shall have the right to terminate this Lease 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.
43. Public Access. The Lessor and Lessee 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 Lessor and Lessee in conjunction with this Lease; and the Lessor
shall have the right to unilaterally cancel this Lease upon violation of this provision
by Lessee.
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44. Non-Waiver of Immunity. Notwithstanding the provisions of Chapter 768.28,
Florida Statutes, the participation of the Lessor and Lessee in this Lease 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
Lessor be required to contain any provision for waiver.
10
Packet Pg. 1215
G.9.a
45. 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 Lessor, when
performing their respective functions under this Lease within the territorial limits of
the County shall apply to the same degree and extent to the performance of such e
functions and duties of such officers, agents, volunteers, or employees outside the
territorial limits of the County.
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46. Legal Obligations and Responsibilities. Non-Delegation of Constitutional or
Statutory Duties. This Lease 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 Lease is not intended to, nor shall it be
construed as, authorizing the delegation of the constitutional or statutory duties of the
Lessor, except to the extent permitted by the Florida constitution, state statute, and
case law.
47. Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the
terms, or any of them, of this Lease to enforce or attempt to enforce any third-party
claim or entitlement to or benefit of any service or program contemplated hereunder,
and the Lessor and Lessee agree that neither the Lessor nor the Lessee or any agent,
officer, or employee of either shall have the authority to inform, counsel, or otherwise E
indicate that any particular individual or group of individuals, entity or entities, have
entitlements or benefits under this Lease separate and apart, inferior to, or superior to
the community in general or for the purposes contemplated in this Lease.
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48. Attestations. Lessee agrees to execute such documents as the Lessor may reasonably
require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-
Free Workplace Statement.
49. 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 Lease or be subject to any
personal liability or accountability by reason of the execution of this Lease.
50. Execution in Counterparts. This Lease 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 Lease by signing any such counterpart.
51. Section Headings. Section headings have been inserted in this Lease as a matter of
convenience of reference only, and it is agreed that such section headings are not a
part of this Lease and will not be used in the interpretation of any provision of this
Lease.
52. Cancellation of Agreement. Lessor may cancel this Lease Agreement by giving
Lessee sixty (60) days' advanced written notice upon the happening of any of the
following events: the appointment of a receiver of Lessee's assets; the divesting of
Lessee's leasehold estate by other operation of law; the abandonment by Lessee of
the premises for a period of sixty (60) days. By the end of the sixty (60) days' notice
11
Packet Pg. 1216
G.9.a
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F.=BIT "A' TO LEASB
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arcel 1
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TRACT no. 3, as per unrecorded sketch of Tropic-Island Ranchetts, Big Pine Key, c
Florida and now particularly described by metes and bounds as follows:
On the island of Big Pine Key, Monroe County, Florida, begin at the center of c
Section 26,Township 66 South, Range 29 East; thence run.due Westerly 548.75
feet to the POINT OF BEGINNING; thence continue due Westerly 299.375 feet;
thence run due Southerly 160.0 feet, thence run due Easterly 299.375 feet; thence0.
run due Northerly 160.0 feet to the POINT OF BEGINNING.
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Parcel Il
Easement for the purpose of vehicular and pedestrian ingress and egress as c
reserved in Special Warranty Deed from Carnival Fruit Company, a Florida
corporation, to Bruce H. Seigal and Leda Grodsky Seigal, his wife, dated August 27,
1990, recorded August 27, 1990 in Official Records Book 1142, at Page 1544, of the
Public Records of Monroe County, Florida.
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Packet Pg. 1218
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EXHIBIT "B" TO LEASE
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Insurance Requirements
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Packet Pg. 1219
G.9.a
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tots Edition
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GENERAL LIABILITY INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY,FLORIDA
AND
0
Prior to the commencement of work governed by this contract, the Contractor will obtain
Commercial General Liability Insurance. Coverage will be maintained throughout the life of the
contract and include,as a minimum:
• Premises Operations U)
• Products and Completed Operations
• Blanket Contractual Liability
• Personal Injury Liability
4-
The minimum limits acceptable is:
S 1,000,000 Combined Single Limit(CSL) E
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12)months following the acceptance of work by the County. 0.
The Monroe County Board of County Commissioners will be named as Additional Insured on all
policies issued to satisfy the above requirements.
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Administrative Instruction 7500.7
53
Packet Pg. 1220
G.9.a
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WORKERS'COMPENSATION INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract,the Contractor will obtain Workers'
Compensation Insurance with limits sufficient to respond to the applicable Workers'
Compensation state statutes and the requirements of Chapter 440,Florida Statutes.
In addition, the Contractor will obtain Employers' Liability Insurance with limits of not less U)
than:
a�
$1,000,000 Bodily Injury by Accident
$1,000,000 Bodily Injury by Disease,policy limits
$1,000,000 Bodily Injury by Disease,each employee
Coverage will be maintained throughout the entire term of the.contract. E
Coverage will be provided by a company or companies authorized to transact business in the state
of Florida.
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If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-
insurer, the County may recognize and honor the Contractor's status. The Contractor may be
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
of Insurance,providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
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Administrati-r tnstmcdon 7500.7
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G.9.a
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2018 131ition
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BUSINESS AUTOMOBILE LIABILITY INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY,FLORIDA
AND
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Recognizing that the work governed by(his contract requires the use of vehicles, the Contractor,
prior to the commencement of work, shall obtain Business Automobile Liability Insurance.
Coverage will be maintained throughout the life of the contract and include,as a minimum,liability
coverage for:
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• Owned,Non-Owned,and Hired Vehicles
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The minimum limits acceptable is:
$1,000,000 Combined Single Limit(CSL)
if split limits are provided,the minimum limits acceptable are:
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$ 500,000 per Person
$1,000,000 per Occurrence
$ 100,000 Property Damage 0.
The Monroe County Board of County Commissioners will be named as Additional Insured on all
policies issued to satisfy the above requirements.
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Administrutiw Instruction 7500.7
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F018 Cdidan
ALL RISK PROPERTY INSURANCE REQUIREMENTS
FOR o
LEASESIRENTALS OF COUNTY-OWNED PROPERTY
0
BETWEEN im
MONROE COUNTY,FLORIDA o
AND
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Prior to the Lessee occupying the leased property that is the subject of this agreement,the Lessee
will obtain All Risk Property Insurance (to include the perils of Flood and Wind)with limits no
less than the Full Replacement Cost Value of the property being leased or rented. Coverage will
be maintained throughout the life of the lease and will include,as a minimum,coverage for. U)
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Fire Lightning Vandalism
Sprinkler Leakage Sinkhole Collapse Falling Objects
Windstorm Smoke Explosion
Civil Commotion Aircraft and Vehicle Damage Flood
The Monroe County Board of County Commissioners must be named as Loss Payee on all >
policies issued to satisfy the above requirements.
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Administrative Instruction 7500.7
39
Packet Pg. 1223
G.9.a
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NON-COLLUSION AFFIDAVIT
I, 14, Lvc1c.4,4 of the city of I� xoo IftwL, Flayi4a,
according to law on my oath, and under penalty of perjury, depose and say that:
1. I am vs, D im4or
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of the firm ofoh re Co�.+ STarrv� Q•a,wutrw
the bidder making the Proposal for the project described in the Request for
Qualifications for: n `1 I' (� 1
$ia► Y�r�e �e�. Va►c.ou,-�- - ���ce�r I+nuitrk3 \1"o�c�
and that I executed the said propo al with full authority to do so: 1�
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2. the prices in this bid have been arrived at independently without collusion, consultation, W
communication or agreement for the purpose of restricting competition, as to any matter U)
relating to such prices with any other bidder or with any competitor;
3. unless otherwise required by law, the prices which have been quoted in this bid have
not been knowingly disclosed by the bidder and will not knowingly be disclosed by the
bidder prior to bid opening, directly or indirectly, to any other bidder or to any
competitor; and
4. no attempt has been made or will be made by the bidder to induce any other person, E
partnership or corporation to submit, or not to submit, a bid for the purpose of restricting
competition; (n
5. the statements contained in this affidavit are true and correct, and made with full >
knowledge that Monroe County relies upon the truth of the statements contained in this
a idavit in award' g contracts for said project.
(Signature of Respondent) ( ate)
STATE OF: j�l.�
COUNTY OF: f ►oo,)2ob/
to c- 6
PERSONALLY APPEARED BEFORE ME, the undersigned authority, N LLd 4(XKZTI
who, after first being sworn by me, (name of individual signing) affixed his/her signature in the
space provided above on this -day of 20 Imo.
�.= G J LINDEBERG
NO ARY PUBLIC
* * _ Notary Public-State of Florida U)
My Comm.Expires Sep 29,2018 .
Commission#FF 164055
My Commission Expires:
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G.9.a
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PUBLIC ENTITY CRIME STATEMENT
e
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"A person or affiliate who has been placed on the convicted vendor list following a conviction for public
entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may
not submit a bid on a contract with a public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any
public entity, and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from
the date of being placed on the convicted vendor list."
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I have read the above and state that neither Weal it. � �� (Proposer's
name) nor any Affiliate has been placed on the convicted vendor list ithin the last 36 m nths.
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(Signature) c
Date: �
STATE OF:
COUNTY OF: M0 02)e
Subscribed and sworn to(or f rmed)before me on the day of �61PT-6,qisak
20�,by /�'lILN,6l✓(.f3 LyC a� (name of affiant). He/She is personally known to
me or has produced (type of identification)as
identification. e
My Comm*' "ExeasL i �
N TA Y PUBLIC
�,00iPaYP�e�;., G J LINDEBERG
Notary Public-State of Florida
My Comm.Expires Sep 29,2018
Commission#FF 164055 U)
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DRUG-FREE WORKPLACE FORM
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The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
Y V&& Q,r cVt Gr rev
Name of Business) 0
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
assistance programs,_and the penalties that may be imposed upon employees for drug abuse
violations.
3. Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection (1).
Z
4. In the statement specified in subsection (1), notify the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will abide
by the terms of the statement and will notify the employer of any conviction of, or plea of guilty
or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled
substance law of the United States or any state, for a violation occurring in the workplace no
later than five (5) days after such conviction.
0
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, or any employee who is
so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the
above requirements.
Respondent's Signature r
Dal
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Lf
V PU,"", G J LINDESERG
$ ' Notar Public-State of Florida NO A Y P l_ICU)
My Comm.Expires Sep 29,2018
Commission#FF 164055
— e�-My Commission Expires:
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The Monroe County Long Term Recovery Group (LTRG)was formed in 2018 to coordinate and increase
collaboration between nonprofits and the faith-based community assisting Hurricane Irma victims in the Florida
Keys. Through collective action, creative problem solving and a firm commitment to helping residents of Monroe
County recover, the Monroe County LTRG has become recognized around the state and the country as a model to
follow.
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The focus of the Monroe County Long Term Recovery Group is three-fold: identify unmet needs,
coordinate with disaster case management organizations, and deliver services to support those unmet U)
needs. Over the last 14 months, the LTRG and 25 partner organizations have served 11,157 households and
have a combined 50,406 hours of volunteer service related to disaster recovery in Monroe County. With an
average national value of$25.43 per hour, these Hurricane Irma volunteer relief workers have contributed over
$1.28 million in time, talent and expertise to the Florida Keys. Resources distributed to the community through the
LTRG partner network includes food cards, tarps, rent assistance, utility assistance, muck and gut services, mold
remediation, roof repair and replacement, drywall and appliance purchases, relocation assistance, weekly food
distribution, emotional and mental health small groups coordination and no-cost legal assistance. Since August
2018, the LTRG has specifically supported outreach and engagement for those eligible for the Hurricane Irma
Financial Assistance (HIFA)funds, developed and executed volunteer housing on Big Pine Key, secured funding
and coordination of roof replacement in the highest impact areas of the storm, purchased furniture and appliances
for those returning home as well as provided and distributed financial assistance for home repairs and rebuilds.
Focus J.... - IIdentlify Unirnet Needs
Unmet needs are defined as needs that persists after the insurance assistance, Federal and State assistance, and
personal resources have been exhausted. The process of identifying these needs begins with conversations with
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the disaster case managers and supporting local agencies like the Monroe County LTRG. In the Florida Keys, 0
there are two organizations charged with disaster case management. The first is the disaster case management
provider, Compass 82 who received a $7 million FEMA-funded grant under the supervision of Volunteer Florida to 0
provide disaster case management services to Irma-impacted residents of Miami-Dade and Monroe counties. 0
Compass 82 has 21 case managers for Monroe County. The second organization is the Florida Conference of the
United Methodist Church (FLUMC)and it has four full-time case managers in the Keys. Last fall, the greatest 0
needs for the community were roof repair/replacement, and for those individuals finishing repairs, furniture and
appliances. Within a week, initiatives were undertaken to address both these areas.
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Another need that was highlighted in the July 2018 Board of County Commissioners meeting was the significant
shortage of volunteer housing to support the nonprofit builders. With the Monroe BOCC approval the lease in
September, housing units were designed, approved and readied for installation in March. The final installation of
the utilities and the closure of county permits and inspections allowed the LTRG to host its first group in June.
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The 15-month anniversary also marked another need that required significant and immediate attention —the end
of the FEMA Direct Housing Assistance Program and the plight of 68 households. With Monroe County
Emergency Management as the lead, representatives from FEMA, the disaster case management organizations,
Volunteer Florida, various social service agencies and the LTRG worked tireless) to solve housing issues so that
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these Monroe residents had safe, secure and sanitary plans when the housing deadline arrived on March 10th
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The challenges with FEMA direct housing residents also exposed another unmet need category—the renter
fifteen months after the storm. A task force was formed with Compass 82, FLUMC case managers and the LTRG
to explore how to delineate between storm related hardship versus life choices. As a result, a prioritization
worksheet was specifically designed for renters, to ensure that any case coming before the LTRG's Funding &
Allocations Committee truly reflected an individual with struggles directly related to Hurricane Irma. Two years
after the storm, disaster case managers are still struggling with how to best assist the renter community in the
Florida Keys. 1�
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In mid-November 2018, the LTRG was notified that less than a third of eligible Monroe residents (renters and
homeowners) had registered for the American Red Cross' funding for basic or complex financial needs U)
assistance. From December 2018 through July 2019, the LTRG assisted in coordinating volunteers to build
outreach teams who went door-to-door using a GIS, cross-referenced report to register individuals for the
Hurricane Irma Financial Assistance (HIFA)funds.
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The second anniversary of Hurricane Irma has brought a resurgence of unmet needs as many in the community
realize that they are not eligible for Rebuild Florida because of a duplication of services disqualification. The E
outpouring of individuals coming forward asking questions about LTRG assistance indicates that furniture,
appliances, roofs and contractor fee assistance are not simply the needs of the past, but will continue to dominate
the unmet needs of the next few years.
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The alignment of work between the disaster case management organizations and a long term recovery group is
important. The effective coordination of case management with LTRG programs has required direct
communication, clear expectations of what is to happen and when, and a commitment to help as many people as
possible. The disaster case managers meet weekly and a county-wide resource guide is updated regularly
ensuring that individual case managers know what is available to their clients.
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Compass 82, the disaster case management provider who is monitored and funded by Volunteer Florida,
currently has 21 disaster case managers working on Monroe County cases. As of October 22nd, 2019 they have
worked on a total of 1,449 cases. They have closed 966 cases since its services commenced in August 2018,
and currently has 483 open cases in Monroe County. Compass 82's ongoing outreach campaigns via, phone
calls, a-mails and postcards that have yielded 90 new individuals in the queue waiting to be assigned. Bridget
Holmes, the Disaster Case Manager Program Manager for Compass 82, reported that it has secured over$4.1 CL
million in recovery assistance for Florida Keys residents. The DCMP program was scheduled to end in
September 2019; however, it was extended until mid-December 2019. There is a likelihood that a second
extension will be applied for by Volunteer Florida and Compass 82.
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This would prolong the disaster case management program through March 2020.
Outside of the state grant for disaster case management, the Florida Conference of the United Methodist Church
has a small team of three disaster case managers working in the Keys. These case managers are part of a 0
larger team that handles everything from unmet needs to construction to volunteer coordination. FLUMC has
closed 152 cases and currently have 128 open. According to Phillip Decker, the Regional Team Leader, FLUMC
has helped clients received over$2.8 million in monetary contributions, in-kind donations and volunteer labor.
Community feedback has been very positive regarding the quality of services rendered by the FLUMC disaster
case management team.
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The first initiative to support
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appliance distribution with FarmShare and Operation Blessing.
Working closely with Compass 82 and FLUMC case managers, � � c
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27 families were identified and vetted to receive assistance. Within 4-
ten days, furniture and appliances were assigned, packed and �o� , �Grw ��,////i� /� 0
delivered to San Pablo's Catholic Church in Marathon. The
distribution event was held on the first anniversary of Hurricane ���
Irma's landfall with a delegation of elected officials that included
US Senator Marco Rubio, Congressman Carlos Curbelo, State
Senator Anitere Flores, State Representative Holly Raschein,
Monroe County Mayor David Rice, Marathon Mayor Michelle
Coldiron, County Commissioner George Neugent and representatives from the Marathon City Council. From
mattress sets to living room furniture to refrigerators and washers and dryers, over$60,000 worth of items were
given to these pre-vetted families. A similar event was held in mid-November 2018. This second distribution
valued at$40,000 helped pre-vetted 23 families move back into their homes just in time for the holiday season.
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In October 2018, the Monroe County LTRG received funding through the American Red Cross' Recovery
& Repair fund. The goal was to repair or replace at least 40 roofs in the highest impact area of the storm
by February 2019. A Construction Committee was established with representatives from the nonprofit 0
builders to review quotes from roofing companies. The Funding &Allocations Committee met to review
how to track the funding and how to best split the expenses as to extend the funds as much as possible.
However, by the end of the November, it became clear that the February deadline was too aggressive
given the amount of time needed to process roofing permits. At the same time, the pipeline of client
referrals coming from the DCMP began to dry up. In February, the LTRG requested and received a grant
amendment to revise the goal to 25 and extended the deadline to June 2019.
By the end of the grant, 27 roofs were repaired or replaced at a value of$328,000. Funding partners for 0
this project included The Salvation Army, Centro Campesino, and Keys Strong. 0
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From August 2018 until present day, the LTRG's Funding &Allocations Committee hears requests from >
case managers regarding unmet needs. Chaired by Leah Stockton from the United Way of the Florida
Keys, the Committee is comprised of representatives of local and national funders such as The Salvation
Army and Centro Campesino. Volunteers from the Islamorada Chamber of Commerce, KAIR, Catholic
Charities, and Legal Services of Greater Miami serve on the committee. Since August 2018, this
Committee has allocated over$800,000 in financial assistance to over 70 families. This is in addition to
what local and national partners have already done.
United Way of the Florida Keys has allocated and distributed over$1.6 million to over 35 partner
agencies since the storm. The Salvation Army has helped over 400 families in increments of$30 to
$15,000. In Monroe County, that totals to be just over$1 million in assistance. The American Red Cross
helped over 2,550 households with long-term basic assistance with 1,347 of those receiving long-term
complex assistance, totally$11.1 million in direct financial recovery assistance to households in Monroe
County.
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As of December 2018, there were 62 households living in FEMA trailers in the Keys and 12 households
living in FEMA direct-leased properties. Thanks to
the insistence of Monroe County Emergency
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representatives from FEMA, disaster case
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appropriate agencies. Calls were held from c
December 2018 through the end of March 2019.
Solutions sometimes came in the form deposit
assistance for rent or utilities or with the reality of
having to relocate out of the Keys to stay with friends or family. There were several cases where home
repairs were accelerated or timed to be finished within a week of the March deadline. Assistance was
then provided for a few nights in a hotel until the individual could move home. 1�
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The story of the Monroe County Long Term Recovery Group's Volunteer Village is one of collective
action, creative problem solving and a firm commitment to community. Steve Jobs once said, "When you
first start off trying to solve a problem, the first solutions you come up with are very complex, and most
people stop there. But if you keep going, live with the problem and peel more layers of the onion off, you
can often times arrive at some very elegant and solutions."
During the design phase for the Village in September 2018, an initial concept was presented to the
Monroe County Building Department and
summarily discarded after significant , w
concerns were raised. Several weeks of
rethinking and recalibrating the project led to
the intermodal steel building units, or shipping :
containers, for the bunkhouse and bathhouse
structures. Initially this was done for cost
saving measures. However, taking the
thought process one step further, it was
proposed that the containers stay mounted on
a chassis. This appeased the building department and then fundraising went into full swing in November
2018. When the concept paper was written in November, the proposed budget for the Volunteer Village
project was $162,800. Today, actual project budget is $169,097. Additional costs for the Village included
upgrading the quality of the chassis so that transportation and distance would not be an issue.
What inspired funders to give was the uniqueness of the project—a mobile response for volunteer
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housing that could be moved as needed. FEMA, Fannie Mae, the Florida Housing Coalition, and others
have requested presentations about the project concept and implementation.
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The development and execution of the
Village have brought several realizations.
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The first is that there is a true cycle to
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volunteerism. As advised by National
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June. Unfortunately, the Volunteer Village
missed the 2019 hosting season by a few
weeks due to the time required to close
permits. The Village hosted two groups in
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June, but the later summer months were very '�'�
quiet as expected. Groups were discouraged from coming in August and early September due to the
peak of the Atlantic hurricane season. The great news is that the Village had groups booked in 0
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September and October 2019 and are thrilled to already have reservations from January through July
2020. The Village is listed on several national registries for groups looking for volunteer experiences.
The reservation calendar and intake process is handled by the Presbyterian Disaster Assistance Network 0
at no charge to the LTRG. Weekly calendar reports are emailed to the Executive Director to ensure that
LTRG partner organizations know which weeks are available.
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The second insight is that the collaboration 4-
between the Monroe County Long Term '�' r
Recovery Group and the non-profit builders is m
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the Village are slated with one of these groups. 2D
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critical for a smooth experience. Furthermore, the ���
Habitats have assisted with the operations of the �I
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Village. Habitat of Key West allows its
construction manager to serve as the E
maintenance lead for the Village. The Florida E
Conference of the United Methodist Church has
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allowed its Volunteer Coordinator to work directly onsite when groups are staying at the Village. This has
provided a "staff' contact in case a need arises or there is an emergency. Thanks to a staffing grant from CL
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Presbyterians Disaster Assistance Network, the LTRG will be hiring a Village Coordinator by the end of
November 2019.
Strategies to increase the number of volunteers staying at the Village include identifying a way for the
groups to cook on the site. Currently, cooking is not permitted on the property. As a result, many groups
have used kitchen at the United Methodist Church in Big Pine Key, but that will not be an option when the
Village has large groups coming through weekly in the spring.
Another strategybeing considered is the reduction of the nightly rate. Current) the cost is $20 per 0
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person, per night. Since the units are very energy efficient, the operating costs are not as high as 0
originally expected. Dropping the nightly rate will make the Volunteer Village and coming to the Florida
Keys a top choice for church mission trips and university groups who are on limited budgets. With an
average of 117 major disasters declared in the United States annually, there is an ongoing pull for
volunteers to go to the newest event. It is critical that the recovery story in the Florida Keys continues to
be shared and volunteers recruited to help with repairs and rebuilds.
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A third strategy involves the addition of RV hook-ups to the Village site. Several national volunteer
groups are interested in working with the nonprofit builders, but given the length of their stay(3-4
months), they would like to bring their RVs but are hesitant given the cost during the winter months.
The Disaster Recovery Volunteer Village has changed the narrative about how nonprofits can assist with
volunteer housing. Although the timeline for readiness and operation took about five months longer than
expected, the concept works. The feedback from the three volunteer groups have been very positive. E
And now each group leaves a care package behind for the next group along with a letter of
encouragement.
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Over the last six months, there were several conversations between the LTRG and Monroe County
Emergency Management about the LTRG supporting the Emergency Support Function 15 — Donations
Management— in case of an activation. As a result, the LTRG's Executive Director has taken the various
FEMA courses required to serve in the EOC including IS 100, 200, 700, 800 and 288. The LTRG is
working closely with the lead pastor with the Florida Conference of the Seventh Day Adventists in Key
West to identify potential warehouse space throughout the county that matches the logistics expectations
after an incident.
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The LTRG has also begun to compile a roster of organizations and the services they render after a storm. 1�
This information will be shared with Emergency Management once completed.
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Seen as a collaborative and coordinating organization, the Monroe County Long Term Recovery Group's
Executive Committee recognized the need to define the LTRG's role during times of calm. Should the
Florida Keys not be impacted by a natural disaster or occurrence that causes significant impacts to the
community, the LTRG will transition to the following "Blue Skies" model in mid-March 2020:
• The Monroe County LTRG will move to a reduced administration role dedicated to the
management of the Volunteer Village, reporting on completion of grants, and management of
LTRG records and minutes. The new part-time Administrator will submit a written report to
the Executive Committee once a month reporting activity at the Village, occupation rate,
current financial status of the Monroe County LTRG, and other items related to the LTRG's
operations. The Administrator position will terminate when the Volunteer Village services are
no longer needed, and a plan has been executed for the Village's units.
• The Volunteer Village will be managed by a part-time Village Coordinator whose role is grant
funded by the Presbyterian Disaster Assistance Network. This person will be responsible for
coordinating groups with the non-profit builders as well as handling maintenance and onsite
issues with the Village units. This position is funded through December 2020 with the option
for additional funding if the lease with Monroe County is extended past August 2020.
• The Monroe County LTRG membership will reduce the regular meeting schedule from twice
a month, to once a quarter, meeting four times a year in January, April, July, and September.
Each quarter, membership will be asked to report their current plans for disaster response
and work to address potential gaps in services.
• The Monroe County LTRG Administrator and Executive Committee will maintain a list of what
agencies plan to provide what services in the event of a disaster or emergency impacting
Monroe County.
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• The Monroe County LTRG Board Chair will meet twice a year with Monroe County
Emergency Management to share the roles that the MC LTRG has confirmed local
organizations will play in recovery and to present gaps in services noted.
• An activation plan will be written to serve as a guide for bringing the Monroe County LTRG to
full activation should another disaster occur. This plan will include maintaining a job
description for an Executive Director as well as a hiring and funding strategy.
• Should all volunteer efforts related to Hurricane Irma be exhausted and the Volunteer Village
no longer needed, the Monroe County LTRG Executive Committee will explore the most
financially prudent option for the Village bunkhouses and bathhouse. The units could be
leased to outside communities for use, or sold outright. These funds will be placed in a
reactivation account for future needs.
• The Monroe County LTRG Executive Committee will be selected each January and serve for
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one year, there is no limitation on terms that can be served.
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In conclusion, the Monroe County Long Term Recovery Group symbolizes the strong community spirit
here in the Florida Keys, and offers encouragement to other areas of the state and nation who are
struggling to recover in the challenging months after a natural disaster. It demonstrates the power of
collective action and the saying, that no time is better spent than that spent in the service of your fellow
man. On behalf of our 25 partner organizations, the LTRG's Executive and Standing Committees, thank 1�
you for your ongoing support.
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