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Item Q2 * BOCC Sept. 9th Budget He~ BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 9/9/09 - KL Bulk Item: Yes -X- No DivisionIDepartment: County Attorney Staff Contact Person: Suzanne Hutton #3470 ~ AGENDA ITEM WORDING: 0 ' j, 'f r Appro~ ~f Windstorm Insurtl1W~te Challenge Memorandums of,lJr/fJefitanding with the cities of a) Key West ~~arathon c) Key Cold'riY Beach d) Islamorada, Village of Isnmds and e) Layton to share the cost of legal and actuarial services to challenge the intended increase in windstorm rates. ITEM BACKGROUND: On 7/15/09, FIRM requested assistance in providing legal counsel and a professional actuary to fight the intended increase in windstorm rates by Citizens over the next several years, as was successfully done back in 2006. While all residents of the Florida Keys realized the success of the 2006 endeavor, which cost the County approximately $108,000, only two(2) municipalities contributed toward the cost. BOCC directed staff to contact the municipalities to request monetary assistance before committing the County to solely incur current costs of a rate challenge. A letter was forwarded to the municipalities on 7/16/09. On 8/3/09~ the BOCC tabled this matter pending commitments of monetary assistance from the municipalities. Realizing the critical financial impact these increases would have on all citizens throughout the Florida Keys and the time sensitivity of beginning the challenge, the BOCC called a special meeting on 8/12/09 to discuss windstorm insurance. In anticipation of monetary commitments from the municipalities, on 8/12/09 the BOCC approved contracts with the parties who successfully worked on behalf of Monroe County back in 2006 on the windstorm insurance rate challenge: Timothy Volpe for legal services (maximum payment $100,000) and AIS Risk Consultants for actuarial services (maximum payment $50,000). The attached MOD's between the COWlty and each municipality sets forth their monetary commitment representing their share of the total costs. .PREVIOUS RELEVANT BOCC ACTION: 7/15/09 BOCC directed staff to request monetary assistance from municipalities to share costs 8/3/09 BaeC tabled contracts with Volpe (legal) and AIS (actuarial) 8/12/09 BOCC approved contracts with Volpe (legal services) and AIS (actuarial services) CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDA nONS: Approval. TOTAL COST: Maximum $150.000 INDIRECT COST: N/A BUDGETED: Yes _No DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: Maximum $150,,000 SOURCE OF FUNDS: REVENUE PRODUCING: Yes No -.X. AMOUNT PER MONTH Year APPROVED BY: County Atty~MBlPurcbasing _ Risk Management_ DOCUMENTATION: DISPOSITION: Included x Not Required_ AGENDA ITEM # GL. d- WINDSTORM INSURANCE RATE CHALLENGE MEMORANDUM OF UNDERSTANDING This Agreement is made and entered into by Monroe County (County), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040, and the City of Key West (City), a municipal corporation of the State of Florida and whose address is 525 Angela Street. P. O. Box 1409, Key West, Florida 33040. WHEREAS, the grass-roots organization Fair Insurance Rates in Monroe (FIRM) requested assistance in providing legal counsel and a professional actuary to fight the intended increase in windstorm rates by Citizens over the next several years; and WHEREAS, in 2006, the County, with subsidization from Key West and Marathon. contracted with Volpe, Bajafia, Wickes, Rogerson, & Wachs, PIA. C'Firmn) to handle the provide legal services and AIS Risk Consultants ("AIS") to provide actuarial services in challenging an earlier insurance rate filing in by Citizens Property Insurance Corporation; and WHEREAS, that challenge was highly successful in reducing the proposed rates to below the then-existing rates charged for Monroe County properties; and WHEREAS, Citizens Property Insurance Corporation has recently filed new rates affecting Monroe County; and WHEREAS, on August 12, 2009, the County entered into contracts with maximum payments for services in challenging the windstorm insurance rates of $100,000 for the legal services and $50,000 for the actuarial services; now therefore, IN CONSIDERATION OF the mutual promises and conditions contained herein. the Parties agree as follows: 1. TERM. Subject to and upon the terms and conditions set forth herein, this Agreement shall be effective August 12, 2009, and continue through December 31, 2009, unless earlier terminated pursuant to the provisions in Section 11, below. Additionally. the term of this Agreement may be extended by a written amendment executed by both parties. 2. OBLIGATIONS OF PARTIES. (A) MONROE COUNTY (1) The County shall contract with TIMOTHY WAYNE VOLPE ("Attorney") of the firm of Volpe, Bajalia, Wickes. Rogerson. & Wachs, P A. ("Firmll) at an amount not to exceed $100,000 for legal services for the purpose of challenging insurance rate filing in 2009 by Citizens Property Insurance Corporation. (2) The County shall contract with AIS Risk Consultants ("Consultanr) at an amount not to exceed $50.000 for actuarial services the purpose of challenging the insurance rate filing in 2009 by Citizens Property Insurance Corporation. (3) Upon payment of the final invoices of the Firm and Consultant, County shall submit a bill to City for payment of the applicable share of the costs which is based on residency of Key West. In the event the total amount of the expenditures by the County under the combined contracts with Firm and Consultant, is less than $150,000, then County will bill City based on the percentage that the combined costs to County are to the combined maximum of $150,000, which percentage shall be applied to the maximum set by City. (8) KEY WEST. City shall pay to County up to $25,000 (or $41.000), based on the application of the percentage of residency of Key West to the total costs to the County, as further described in 2(A)(3), above. ...................,.... 3. SCOPE OF SERVICES The County shall provide, through contracts for legal and aduarial services, a challenge to windstorm insurance rates filed in 2009 ~by Citizens Property Insurance Corporation, including administrative hearings and litigation, as necessary, and any other tasks reasonably related to the goals of the Parties regarding windstorm insurance. 4. COMPENSATION. The Parties agree to collectively fund the costs for windstorm insurance rates filed in 2009 by Citizens during the term of this agreement. Mac-roe County shall submit invoices to City for its share of the County.s current billing from the Firm and Consultant with copies of documentation that support the current billing. Payment shall be made by City pursuant to the Local Government Prompt Payment Act. City has been assured that similar memoranda of understanding are being entered between the County and other municipalities based on residency and a $2.08 per resident basis, with pro rata reductions if the services cost less than the maximum allowed by the contracts with the Firm and Consultant. 5. RECORDS - ACCESS AND AUDITS. The Parties shall maintain adequate and complete records for a period of four years after each fiscal year allocation. Each of the Parties, its officers, employees, agents and contractors shall have access to each of the Parties' books, records, and documents related to this Agreement upon request. The access to and inspection of such books, records, and documents by the Parties shall occur at any reasonable time. 6. RELATIONSHIP OF PARTIES. The Parties are independent of each other and shall at no time be legally responsible for any negligence on the part of the other Party, its employees, agents or volunteers resulting in either bodily or personal injury or property damage to any individual, property or corporation. It is understood and agreed that the Firm is acting as an independent contractor and not as an employee of either of the Parties. Furthermore, it is acknowledged that the Firm is not a party to this Agreement and nothing in this Agreement should be construed to create any sort of contractual relationship between City and the Firm. 7 . TAXES. The Parties are not subject to taxes and assessments with regard to the funds shared under this Agreement. MOU Windstorm Challenge Cost Sharing Page 2 of 4 8. INSURANCE. The Parties to this Agreement stipulate that each entity is a state governmental agency as defined by Florida Statutes and represent to the other that it has purchased suitable Public Liability, Vehicle Liability, and Workers- Compensation insurance, or is self-insured, in amounts adequate to respond to any and all claims under federal or state actions for civil rights violations. which are not limited by Florida Statutes Section 768.28 and Chapter 440, as well as any and all claims within the limitations of Florida Statutes Section 768.28 and Chapter 440, as well as any and all claims within the limitations of Florida Statutes arising out of the activities governed by this Agreement Each party agrees to keep in full force and effect the required insurance coverage during the term of this Agreement. 9. HOLD HARMLESS. To the extent allowed by law, each Party is liable for and must fully defend. release, discharge, indemnify and hold harmless the other party 1 the members of their governing boards, officers and employees, agents and contractors, from and against any and all claims, demands, causes of action, losses, costs and expenses of whatever type - including investigation and witness costs and expenses and attorneys' fees and costs - that arise out of or are attributable to the operations under this Agreement except for those claims, demands, damages, liabilities, actions, causes of aCtion, losses, costs and expenses that are the result of the sole negligence or malfeasance of the respective Party. The purchase of the insurance required under this Agreement does not release or vitiate any Party's obligations under this Section. No Party waives any of its sovereign immunity rights, including but not limited to, those expressed in Section 768.28, Florida Statutes. ~ 10. COMPLIANCE WITH .LAWS. Each Party shall comply with all applicable laws of the State of Florida and the federal government in carrying out their obligations under this agreement. 11. GOVERNING LAWSNENUE AND ATTORNEY FEES. This Agreement is govemed by the laws of the State of Florida and the United States. Venue for any dispute arising under this Agreement must be in Monroe County, Florida. In the event of any litigation, the prevailing party is entitled to a reasonable attorney's fee and costs. 12. ETHICS CLAUSE. Each party warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010..1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision. the County may, in its discretion, terminate this agreement without liability and may also, in its discretion, recover the full amount of any fee, commission, percentage, gift or consideration paid to the former County officer or employee. 13. NOTICES. Notices in this Agreement, unless otherwise specified, must be sent by certified mail to the following: COUNTY: County Administrator 1100 Simonton Street Key West. FL 33040 & KEY WEST: City Manager Jim Scholl P. O. Box 1409 Key West, FL 33041 & MOU Windstorm Challenge Cost Sharing Page 3 of 4 County Attomey PO Box 1026 Key West, FL 33041-1026 City Attorney Shawn Smith P. O. Box 1409 Key West, FL 33041 14. NON-RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the termst of this Agreement to enforce or attempt to enforce any third-party claim or entitlement or benefit of any service or program contemplated hereunder. and each party agrees that neither the party nor any officer. agentt or employee of the Party shall have the authority to inform, counselor otherwise indicate that any particular individual or groups 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 under this Agreement. 15. FULL UNDERSTANDING. This Agreement is the parties' final mutual understanding regarding the subject matter hereof. I t replaces any earlier agreements or understandings, whether written or oral. This Agreement cannot be modified or replaced except by another written and signed agreement. I N WITNESS WHEREOF, each Party has caused this Agreement to be executed by its duly authorized representative. (SEAL) ATTEST: DANNY L. KOLHAGE. CLERK By: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Deputy Clerk Mayor (SEAL) ATTEST: CITY OF KEY WEST By: By: Clerk Mayor APPROVED AS TO FORM: City Attorney MOU Windstorm Challenge Cost Sharing Page 4 of 4 WINDSTORM INSURANCE RATE CHALLENGE MEMORANDUM OF UNDERSTANDING This Agreement is made and entered into by Monroe County (County), a pOlitical subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040, and the City of Marathon (City), a municipal corporation of the State of Florida and whose address is 9805 Overseas Highway. Marathon, Florida 33050. WHEREAS, the grass-roots organization Fair Insurance Rates in Monroe (FIRM) requested assistance in providing legal counsel and a professional actuary to fight the intended increase in windstorm rates by Citizens over the next several years; and WHEREAS, in 2006, the County, with subsidization from Key West and Marathon, contracted with Volpe, Bajalia, Wickes, Rogerson. & Wachs, P.A. ('IFirmlt) to handle the provide legal services and AIS Risk Consultants ("AISn) to provide actuarial services in challenging an earlier insurance rate filing in by Citizens Property Insurance Corporation; and WHEREAS, that challenge was highly successful in reducing the proposed rates to below the then-existing rates charged for Monroe County properties; and WHEREAS, Citizens Property Insurance Corporation has recently filed new rates affecting Monroe County; and WHEREAS, on August 12, 2009) the County entered into contracts with maximum payments for services in challenging the windstorm insurance rates of $100,000 for the legal services and $50,000 for the actuarial services; now therefore, IN CONSIDERATION OF the mutual promises and conditions contained herein, the Parties agree as follows: 1. TERM. Subject to and upon the terms and conditions set forth herein, this Agreement shall be effective August 12, 2009, and continue through December 31, 2009, unless earlier terminated pursuant to the provisions in Section 11, below. Additionally, the term of this Agreement may be extended by a written amendment executed by both parties. 2. OBLIGATIONS OF PARTIES. (A) MONROE COUNTY (1) The County shall contract with TIMOTHY WAYNE VOLPE ("Attorney") of the firm of Volpe, Bajalia, Wickes, Rogerson. & Wachs, P.A. C'Firm'l) at an amount not to exceed $100,000 for legal services for the purpose of challenging insurance rate filing in 2009 by Citizens Property Insurance Corporation. (2) The County shall contract with AIS Risk Consultants ("Consultant'l) at an amount not to exceed $50,000 for actuarial services the purpose of chaUenging the insurance rate filing in 2009 by Citizens Property Insurance Corporation. (3) Upon payment of the final invoices of the Firm and Consultant, County shall submit a bill to City for payment of the applicable share of the costs which is based on residency of Marathon. In the event the total amount of the expenditures by the County under the combined contracts with Firm and Consultant, is less than $150,000, then County will bill City based on the percentage that the combined costs to County are to the combined maximum of $150,000, which percentage shall be applied to the maximum set by City. (B) MARATHON. City shall pay to County up to $21,000, based on the application of the percentage of residency of Marathon to the total costs to the County, as further described in 2(A)(3}, above. 3. SCOPE OF SERVICES The County shall provide, through contracts for legal and actuarial services, a challenge to windstorm insurance rates filed in 2009 by Citizens Property Insurance Corporation, including administrative hearings and litigation, as necessary, and any other tasks reasonably related to the goals of the Parties regarding windstorm insurance. 4. COMPENSATION. The Parties agree to collectively fund the costs for windstorm insurance rates filed in 2009 by Citizens during the term of this agreement. Mooroe County shall submit invoices to City for its share of the County.s current billing from the Firm and Consultant with copies of documentation that support the current billing. Payment shall be made by City pursuant to the Local Government Prompt Payment Act. City has been assured that similar memoranda of understanding are being entered between the County and other municipalities based on residency and a $2.08 per resident basis, with pro rata reductions if the services cost less than the maximum allowed by the contracts with the Firm and Consultant. 5. RECORDS - ACCESS AND AUDITS. The Parties shall maintain adequate and complete records for a period of four years after each fiscal year allocation. Each of the Parties, its officers, employees. agents and contractors shall have access to each of the Parties' books, records, and documents related to this Agreement upon request. The access to and inspection of such books, records, and documents by the Parties shall occur at any reasonable time. 6. RELATIONSHIP OF PARTIES. The Parties are independent of each other and shall at no time be legally responsible for any negligence on the part of the other Party, its employees, agents or volunteers resulting in either bodily or personal injury or property damage to any individual, property or corporation. It is understood and agreed that the Firm is acting as an independent contractor and not as an employee of either of the Parties. Furthermore, it is acknowledged that the Firm is not a party to this Agreement and nothing in this Agreement should be construed to create any sort of contractual relationship between City and the Firm. 7. TAXES. The Parties are not subject to taxes and assessments with regard to the funds shared under this Agreement MOU Windstorm Challenge Cost Sharing Page 2 of 4 8. INSURANCE. The Parties to this Agreement stipulate that each entity is a state governmental agency as defined by Florida Statutes and represent to the other that it has purchased suitable Public Liability, Vehicle Liability, and Workers' Compensation insurance, or is self-insured, in amounts adequate to respond to any and all claims under federal or state actions for civil rights violations, which are not limited by Florida Statutes Section 768.28 and Chapter 440, as well as any and all claims within the limitations of Florida Statutes Section 768.28 and Chapter 440, as well as any and all claims within the limitations of Florida Statutes arising out of the activities govemed by this Agreement. Each party agrees to keep in full force and effect the required insurance coverage during the term of this Agreement. 9. HOLD HARMLESS. To the extent allowed by law, each Party is liable for and must fully defend. release, discharge, indemnify and hold harmless the other party, the members of their governing boards, officers and employees, agents and contractors, from and against any and all claimst demands, causes of action, losses, costs and expenses of whatever type - including investigation and witness costs and expenses and attorneys' fees and costs - that arise out of or are attributable to the operations under t~is Agreement except for those claims, demands, damages, liabilities, actions, causes of action, losses, costs and expenses that are the result of the sole negligence or malfeasance of the respective Party. The purchase of the insurance required under this Agreement does not release or vitiate any Party's obligations under this Section. No Party waives any of its sovereign immunity rights, including but not limited to, those expressed in Section 768.28, Florida Statutes. ~ 10. COMPLIANCE WITH LAWS. Each Party shall comply with all applicable laws of the State of Florida and the federal government in carrying out their obligations under this agreement 11. GOVERNING LAWSNENUE AND ATTORNEY FEES. This Agreement is governed by the laws of the State of Florida and the United States. Venue for any dispute arising under this Agreement must be in Monroe County, Florida. In the event of any litigation, the prevailing party is entitled to a reasonable attomey.s fee and costs. 12. ETHICS CLAUSE. Each party warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision, the County may. in its discretion, terminate this agreement without liability and may also. in its discretion, recover the full amount of any fee, commission, percentage, gift or consideration paid to the former County officer or employee. 13. NOTICES. Notices in this Agreement, unless otherwise specified, must be sent by certified mail to the following: COUNTY: County Administrator 1100 Simonton Street Key West, FL 33040 & MARATHON: Mayor Mike Cinque 9805 Overseas Highway Marathon, FL 33050 & MOD Windstorm Challenge Cost Sharing Page 3 of4 County Attorney PO Box 1026 Key West. FI. 33041-1026 Jimmy Morales City Attorney for Marathon 150 W. Flagler Street, Suite 2200 Miami, FL 33130 14. NON-RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement or benefit of any service or program contemplated hereunder, and each party agrees that neither the party nor any officer, agent, or employee of the Party shall have the authority to inform, counselor otherwise indicate that any particular individual or groups 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 under this Agreement. 15. FULL UNDERSTANDING. This Agreement is the parties' final mutual understanding regarding the subject matter hereof. I t replaces any earlier agreements or understandings, whether written or oral.. This Agreement cannot be modified or replaced except by another written and signed agreement. I N WITNESS WHEREOF t each Party has caused this Agreement to be executed by its duly authorized representative. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Deputy Clerk Mayor (SEAL) ATTEST: By: CITY OF MARATHON By: Clerk Mayor APPROVED AS TO FORM: City Attorney MOU Windstorm Challenge Cost Sharing Page 4 of 4 WINDSTORM INSURANCE RATE CHALLENGE MEMORANDUM OF UNDERSTANDING This Agreement is made and entered into by Monroe County (County), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040, and the City of Key Colony Beach (City), a municipal corporation of the State of Florida and whose address is PO Box 510141, 600 West Ocean Drive, Key Colony Beach. Florida 33051. WHEREAS, the grass-roots organization Fair Insurance Rates in Monroe (FIRM) requested assistance in providing legal counsel and a professional actuary to fight the intended increase in windstorm rates by Citizens over the next several years; and WHEREAS, in 2006, the County, with subsidization from Key West and Marathon, contracted with Volpe, BajaliaJ Wickes, Rogerson, & Wachs, P.A. rrFirm11 to handle the provide. legal services and AIS Risk Consultants ("AIS") to provide actuarial services in challenging an earlier insurance rate filing in by Citizens Property Insurance Corporation; and WHEREAS, that challenge was highly successful in reducing the proposed rates to below the then-existing rates charged for Monroe County properties; and WHEREAS, Citizens Property Insurance Corporation has recently filed new rates affecting Monroe County; and '. WHEREAS, on August 12. 2009, the County entered into contracts with maximum payments for services in challenging the windstorm insurance rates of $100,000 for the legal services and $50,000 for the actuarial services; now therefore, IN CONSIDERATION OF the mutual promises and conditions contained herein, the Parties agree as follows: 1. TERM. Subject to and upon the terms and conditions set forth herein, this Agreement shall be effective August 12, 2009, and continue through December 31, 2009. unless earlier terminated pursuant to the provisions in Section 11, below. Additionally, the term of this Agreement may be extended by a written amendment executed by both parties. 2. OBLIGATIONS OF PARTIES. (A) MONROE COUNTY (1) The County shall contract with TIMOTHY WAYNE VOLPE f'Attomeyj of the firm of Volpe, Bajalia. Wickes, Rogerson, & Wachs, P A. (IIFirm") at an amount not to exceed $100,000 for legal services for the purpose of challenging insurance rate filing in 2009 by Citizens Property Insurance Corporation. (2) The County shall contract with AIS Risk Consultants ("Consultant") at an amount not to exceed $50,000 for actuarial services the purpose of challenging the insurance rate filing in 2009 by Citizens Property Insurance Corporation. (3) Upon payment of the final invoices of the Firm and Consultant, County shall submit a bill to City for payment of the applicable share of the costs which is based on residency of Key Colony Beach. In the event the total amount of the expenditures by the County under the combined contracts with Firm and Consultant, is less than $150,000, then County will bill City based on the percentage that the combined costs to County are to the combined maximum of $150,000, which percentage shall be applied to the maximum set by City. (8) KEY COLONY BEACH. City shall pay to County up to $2t200, based on the application of the percentage of residency of Key Colony Beach to the total costs to the County, as further described in 2(A)(3), above. 3. SCOPE OF SERVICES The County shall provide, through contracts for Jegsl and actuarial services, a challenge to windstorm insurance rates filed in 2009 by Citizens Property Insurance Corporation, including administrative hearings and litigation, as necessary, and any other tasks reasonably related to the goals of the Parties regarding windstorm insurance. 4. COMPENSATION. The Parties agree to collectively fund the costs for. windstorm insurance rates filed in 2009 by Citizens during the term of this agreement. Monroe County shall submit invoices to City for its share of the County's current billing from the Firm and Consultant with copies of documentation that support the current billing. Payment shall be made by City pursuant to the Local Government Prompt Payment Act. City has been assured that similar memoranda of understanding are being entered between the County and other municipalities based on residency and a $2.08 per resident basis, with pro rata reductions if the services cost less than the maximum allowed by the contracts with the Firm and Consultant. 5. RECORDS - ACCESS AND AUDITS. The Parties shall maintain adequate and complete records for a period of four years after each fiscal year allocation. Each of the Parties, its officers, employees, agents and contractors shall have access to each of the Parties' books, records, and documents related to this Agreement upon request. The access to and inspection of such books, records, and documents by the Parties shall occur at any reasonable time. RELATIONSHIP OF PARTIES. The Parties are independent of each other and shall at no time be legally responsible for any negligence on the part of the other Party, its employees. agents or volunteers resulting in either bodily or personal injury or property damage to any individual, property or corporation. It is understood and agreed that the Firm is acting as an independent contractor and not as an employee of either of the Parties. Furthermore, it is acknowledged that the Firm is not a party to this Agreement and nothing in this Agreement should be construed to create any sort of contractual relationship between City and the Firm. 6. T AXES. The Parties are not subject to taxes and assessments with regard to the funds MOD Windstonn Challenge Cost Sharing :Page 2 of 4 shared under this Agreement 8. INSURANCE. The Parties to this Agreement stipulate that each entity is a state governmental agency as defined by Florida Statutes and represent to the other that it has purchased suitable Public Liability, Vehicle Liability, and Workers' Compensation insurance, or is self-insured, in amounts adequate to respond to any and all claims under federal or state actions for civil rights violations, which are not limited by Florida Statutes Section 768.28 and Chapter 440, as well as any and all claims within the limitations of Florida Statutes Section 768.28 and Chapter 440, as well as any and all claims within the limitations of Florida Statutes arising out of the activities governed by this Agreement. Each party agrees to keep in full force and effect the required insurance coverage during the term of this Agreement. 9. HOLD HARMLESS. To the extent allowed by law, each Party is liable for and must fully defend, release, discharge, indemnify and hold harmless the other party, the members of their governing boards, officers and employees, agents and contractors, from and against any and all claims, demands, causes of action. losses, costs and expenses of whatever type - including investigation and witness costs and expenses an~ attorneys' fees and costs - that arise out of or are attributable to the operations under this Agreement except for those claims, demands, damages, liabilities, actions, causes of action, losses) costs and expenses that are the result of the sole negligence or malfeasance of the respective Party. The purchase of the insurance required under this Agreement does not release or vitiate any Party.s obligations under this Section. No Party waives any of its sovereign imm~nity rights, including but not limited to, those expressed in Section 768.28, Florida Statutes. . 10. COMPLIANCE WITH LAWS. Each Party shall comply with all applicable laws of the State of Florida and the federal government in carrying out their obligations under this agreement. 11. GOVERNING LAWSNENUE AND ATTORNEY FEES. This Agreement is governed by the laws of the State of Florida and the United States. Venue for any dispute arising under this Agreement must be in Monroe County, Florida. In the event of any litigation, the prevailing party is entitled to a reasonable attomey.s fee and costs. 12. ETHICS CLAUSE. Each party warrants that it has not employed, retained or otherwise had act on its behatf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010..1990. For breach or violation of this provision. the County may, in its discretion, terminate this agreement without liability and may also, in its discretion, recover the full amount of any fee, commission, percentage. gift or consideration paid to the former County officer or employee. 13. NOTICES. Notices in this Agreement, unless otherwise specified. must be sent by certified mail to the following: COUNTY: County Administrator 1100 Simonton Street Key West, FL 33040 KEY COLONY BEACH: Thomas D. Wright City Attorney for Key Colony Beach 9711 Overseas Highway Marathon, FL 33050 MOU Windstonn Challenge Cost Sharing Page 3 of4 & & County Attorney PO Box 1026 Key West, FJ. 33041-1 026 Mayor Ron Sutton PO Box 510141 Key 1Colony Beach. FL 33051 14. NON-RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms. of this Agreement to enforce or attempt to enforce any third-party claim or entitlement or benefit of any service or program contemplated hereunder, and each party agrees that neither the party nor any officer, agent, or employee of the Party shall have the authority to inform, counselor otherwise indicate that any particular individual or groups 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 under this Agreement. 15. FULL UNDERSTANDING. This Agreement is the parties' final mutual understanding regarding the subject matter hereof. It replaces any earlier agreements or understandings, whether written or oral. This Agreement cannot be modified or replaced except by another written and signed agreement. I N WITNESS WHEREOF, each Party has caused this Agreement to be executed by its duly authorized representative. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. FLORIDA By: Deputy Clerk Mayor (SEAL) ATTEST: CITY OF KEY COLONY BEACH By: By: Clerk Mayor APPROVED AS TO FORM: City Attorney MOU Windstorm Challenge Cost Sharing Page 4 of 4 WINDSTORM INSURANCE RATE CHALLENGE MEMORANDUM OF UNDERSTANDING This Agreement is made and entered into by Monroe County (County), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040, and Islamorada, Village of Islands (City), a municipal corporation of the State of Florida and whose address is 81990 Overseas Highway, Islamorada, Florida 33036. WHEREAS, the grass-roots organization Fair Insurance Rates in Monroe (FIRM) requested assistance in providing legal counsel and a professional actuary to fight the intended increase in windstorm rates by Citizens over the next several years; and WHEREAS, in 2006, the County, with subsidization from Key West and Marathon. contracted with Volpe, Bajalia, Wickes, Rogerson, & Wachs, P .A. C'Firmll) to handle the provide legal services and AIS Risk Consultants (UAIS") to provide actuarial services in challenging an earlier insurance rate filing in by Citizens Property Insurance Corporation; and WHEREAS, that challenge was highly successful il1 reducing the proposed rates to below the then-existing rates charged for Monroe County properties; and WHEREAS, Citizens Property Insurance Corporation has recently filed new rates affecting Monroe County; and WHEREAS, on August 12, 2009, the County entered into contracts with maximum payments for services in challenging the windstorm insurance rates of $100,000 for the legal services and $50,000 for the actuarial services; now therefore, IN CONSIDERATION OF the mutual promises and conditions contained herein, the Parties agree as follows: 1. TERM. Subject to and upon the terms and conditions set forth herein, this Agreement shall be effective August 12, 2009, and continue through December 31. 2009, unless earlier terminated pursuant to the provisions in Section 11, below. Additionally, the term of this Agreement may be extended by a written amendment executed by both parties. 2. OBLIGATIONS OF PARTIES. (A) MONROE COUNTY (1) The County shall contract with TIMOTHY WAYNE VOLPE ("Attorneyj of the firm of VolpeJ Bajalia, Wickes, Rogerson, & Wachs. P A. (IIFirm") at an amount not to exceed $100,000 for legal services for the purpose of challenging insurance rate filing in 2009 by Citizens Property Insurance Corporation. (2) The County shall contract with AIS Risk Consultants (aConsultanf) at an amount not to exceed $50,000 for actuarial selVices the purpose of challenging the insurance rate filing in 2009 by Citizens Property Insurance Corporation. (3) Upon payment of the final invoices of the Firm and Consultant, County shall submit a bill to City for payment of the applicable share of the costs which is based on residency of Islamorada. In the event the total amount of the expenditures by the County under the combined contracts with Firm and Consultant, is less than $150,000, then County will bill Islamorada based on the percentage that the combined costs to County are to the combined maximum of $150,000, which percentage shall be applied to the maximum set by Islamorada. (B) ISLAMORADA. City shall pay to County up to $15,000, based on the application of the percentage of residency of Islamorada to the total costs to the County, as further described in 2(A)(3), above. 3. SCOPE OF SERVICES The County shall provide, through contracts for legal and actuarial services, a challenge to windstorm insurance rates filed in 2009 'by Citizens Property Insurance Corporation, including administrative hearings and litigation, as necessary, and any other tasks reasonably related to the goals of the Parties regarding windstorm insurance. 4. COMPENSATION. The Parties agree to collectively fund the costs for windstorm insurance rates filed in 2009 by Citizens during the term of this agreement. Monroe County shall submit invoices to Islamorada for its share of the County's current billing from the Firm and Consultant with copies of documentation that support the current billing. Payment shall be made by Islamorada pursuant to the Local Government Prompt Payment Act. Islamorada has been assured that similar memoranda of understanding are being entered between the County and other municipalities based on residency and a $2.08 per resident basis, with pro rata reductions if the services cost less than the maximum allowed by the contracts with the Firm and Consultant. 5. RECORDS - ACCESS AND AUDITS. The Parties shall maintain adequate and complete records for a period of four years after each fiscal year allocation. Each of the Parties, its officers, employees, agents and contractors shall have access to each of the Parties' books, records, and documents related to this Agreement upon request. The access to and inspection of such books, records, and documents by the Parties shall occur at any reasonable time. 6. RELATIONSHIP OF PARTIES. The Parties are independent of each other and shall at no time be legally responsible for any negligence on the part of the other Party, its employees, agents or volunteers resulting in either bodily or personal injury or property damage to any individual, property or corporation. It is understood and agreed that the Firm is acting as an independent contractor and not as an employee of either of the Parties. Furthermore, it is acknowledged that the Firm is not a party to this Agreement and nothing in this Agreement should be construed to create any sort of contractual relationship between Islamorada and the Firm. MOU Windstonn Challenge Cost Sharing Page 2 of4 7 . TAXES. The Parties are not subject to taxes and assessments with regard to the funds shared under this Agreement. 8. INSURANCE. The Parties to this Agreement stipulate that each entity is a state governmental agency as defineq by Florida Statutes and represent to the other that it has purchased suitable Public Liability, Vehicle Liability, and Workers' Compensation insurance, or is self-insured, in amounts adequate to respond to any and all claims under federal or state actions for civil rights violations, which are not limited by Florida Statutes Section 768.28 and Chapter 440, as well as any and all claims within the limitations of Florida Statutes Section 768.28 and Chapter 440, as well as any and all claims within the limitations of Florida Statutes arising out of the activities governed by this Agreement. Each party agrees to keep in full force and effect the required insurance coverage during the term of this Agreement. 9. HOLD HARMLESS. To the extent allowed by law, each Party is liable for and must fully defend, release, discharge, indemnify and hold harmless the other party, the members of their governing boards, officers and employees, agents and contractors, from and against any and all claims, demands, causes of action, losses, costs and expenses of whatever type - including investigation and witness costs and expenses and attorneys' fees and costs - that arise out of or are attributable to the operations under this Agreement except for those claims, demands, damages, liabilities, actions, causes of action, losses, costs and expenses that are the result of the sole negligence or malfeasance of the respective Party. The purchase of the insurance required under this Agreement does not release or vitiate any Party's obligations under this Section. No Party waives any of its sovereign immt:lnity rights, including but not limited to, those expressed in Section 768.28, Florida Statutes. 10. COMPLIANCE WITH LAWS. Each Party shall comply with all applicable laws of the State of Florida and the federal government in carrying out their obligations under this agreement 11. GOVERNING LAWSNENUE AND ATTORNEY FEES. This Agreement is govemed by the laws of the State of Florida and the United States. Venue for any dispute arising under this Agreement must be in Monroe County, Florida. In the event of any litigation. the prevailing party is entitled to a reasonable attorney's fee and costs. 12. ETHICS CLAUSE. Each party warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 01 0-1990~ For breach or violation of this provision. the County may, in its discretion, terminate this agreement without liability and may also, in its discretion, recover the full amount of any feel commission, percentage, gift or consideration paid to the former County officer or employee. 13. NOTICES. Notices in this Agreement, unless otherwise specified, must be sent by certified mail to the following: COUNTY: County Administrator 1100 Simonton Street Key We&, FL 33040 ISLAMORADA: Village Manager P.O. Box 568 Islamorada, FL 33036 MOU Windstorm Challenge Cost Sharing Page 3 of 4 & County Attorney Suzanne Hutton P. O. Box 1026 Key West, FL 33041 & Nina Boniske, Village Attorney 2665 S. Bayshore Drive, Suite 420 Miami,FL 33133 14. NON-RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement or benefit of any service or program contemplated hereunder, and each party agrees that neither the party nor any officer, agent, or employee of the Party shall have the authority to inform, counselor otherwise indicate that any particular individual or groups 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 under this Agreement. 15. FULL UNDERSTANDING. This Agreement is the parties' final mutual understanding regarding the subject matter hereof. I t replaces any earlier agreements or understandings, whether written or oral. This Agreement cannot be modified or replaced except by another written and signed agreement. I N WITNESS WHEREOF, each Party has caused this Agreement to be executed by its duly authorized representative. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Deputy Clerk Mayor (SEAL) ATTEST: By: ISLAMORADA, VILLAGE OF ISLANDS By: Clerk Village Manager APPROVED AS TO FORM: VILLAGE ATTORNEY Weiss, Serota. Helfman. Pastoriza, Cole & Boniske, P.L. MOU Windstorm Challenge Cost Sharing WINDSTORM INSURANCE RATE CHALLENGE MEMORANDUM OF UNDERSTANDING This Agreement is made and entered into by Monroe County (County), a political subdivision of the State of Florida, whose address is 1100 Simonton Street. Key West, FL 33040, and the City of Layton (City), a municipal corporation of the State of Florida and whose address is P. O. Box 778, Long Key, Florida 33001. WHEREAS, the grass-roots organization Fair Insurance Rates in Monroe (FIRM) requested assistance in providing legal counsel and a professional actuary to fight the intended increase in windstorm rates by Citizens over the next several years; and WHEREAS, in 2006, the County, with subsidization from Key West and Marathon, contracted with Volpe, Bajalia, Wickes, Rogerson, & Wachs. P A. (nFirm'j to handle the provide legal services and AIS Risk Consultants ("AIS") to provide actuarial services in challenging an earlier insurance rate filing in by Citizens Property Insurance Corporation; and WHEREAS, that challenge was highly successful in' reducing the proposed rates to below the then-existing rates charged for Monroe County properties; and I WHEREAS, Citizens Property Insurance Corporation has recently filed new rates affecting Monroe County; and WHEREAS, on August 12, 2009. the County entered into contracts with maximum payments for services in challenging the windstorm insurance rates of $100,000 for the legal services and $50,000 for the actuarial services; now therefore, IN CONSIDERATION OF the mutual promises and conditions contained herein, the Parties agree as follows: 1. TERM. Subject to and upon the terms and conditions set forth herein, this Agreement shall be effective August 12, 2009, and continue through December 31, 2009, unless earlier terminated pursuant to the provisions in Section 11, below. Additionally. the term of this Agreement may be extended by a written amendment executed by both parties. 2. OBLIGATIONS OF PARTIES. (A) MONROE COUNTY (1) The County shall contract with TIMOTHY WAYNE VOLPE ("Attorney") of the finn of Volpe, Bajalia, Wickes, Rogerson, & Wachs, P A. ('IFirm") at an amount not to exceed $100,000 for legal services for the purpose of challenging insurance rate filing in 2009 by Citizens Property Insurance Corporation. (2) The County shall contract with AIS Risk Consultants ("Consultant") at an amount not to exceed $50,000 for actuarial services the purpose of challenging the insurance rate filing in 2009 by Citizens Property Insurance Corporation. (3) Upon payment of the final invoices of the Firm and Consultant, County shall submit a bill to City for payment of the applicable share of the costs which is based on residency of Layton. ~ In the event the total amount of the expenditures by the County under the combined contracts with Firm and Consultant, is less than $150,000, then County will bill City based on the percentage that the combined costs to County are to the combined maximum of $150,000, which percentage shall be applied to the maximum set by City. (B) LAYTON. City shall pay to County up to $500, based on the application of the percentage of residency of Layton to the total costs to the County, as further described in 2 (A) (3) , above. 3. SCOPE OF SERVICES The County shall provide, through contracts for legal and actuarial services, a challenge to windstorm insurance rates filed in 2009 1by Citizens Property Insurance Corporation, including administrative hearings and litigation, as necessary, and any other tasks reasonably related to the goals of the Parties regarding windstorm insurance. 4. COMPENSA liON. The Parties agree to collectively fund the costs for windstorm insurance rates filed in 2009 by CiUzens during the term of this agreement. MOl)roe County shall submit invoices to City for its share of the County's current billing from the Firm and Consultant with copies of documentation that support the current billing. Payment shall be made by City pursuant to the Local Government Prompt Payment Act City has been assured that similar memoranda of understanding are being entered between the County and other municipalities based on residency and a $2.08 per resident basis, with pro rata reductions if the services cost less than the maximum allowed by the contracts with the Firm and Consultant. 5. RECORDS - ACCESS AND AUDITS. The Parties shall maintain adequate and complete records for a period of four years after each fiscal year allocation. Each of the Parties, its officers, employees, agents and contractors shall have access to each of the Parties' books, records, and documents related to this Agreement upon request. The access to and inspection of such books, records. and documents by the Parties shall occur at any reasonable time. 6. RELATIONSHIP OF PARTIES. The Parties are independent of each other and shall at no time be legally responsible for any negligence on the part of the other Party, its employees, agents or volunteers resulting in either bodily or personal injury or property damage to any individual, property or corporation. It is understood and agreed that the Firm is acting as an independent contractor and not as an employee of either of the Parties. Furthermore, it is acknowledged that the Firm is not a party to this Agreement and nothing in this Agreement should be construed to create any sort of contractual relationship between City and the Firm. 7. TAXES. The Parties are not subject to taxes and assessments with regard to the funds shared under this Agreement. MOU Windstorm Challenge Cost Sharing Page 2 of4 8. INSURANCE. The Parties to this Agreement stipulate that each entity is a state governmental agency as defined by Florida Statutes and represent to the other that it has purchased suitable Public Liability, Vehicle Liability, and Workers' Compensation insurance, or is self-insured. in amounts adequate to respond to any and all claims under federal or state actions for civil rights violations, which are not limited by Florida Statutes Section 768.28 and Chapter 440, as well as any and all claims within the limitations of Florida Statutes Section 768.28 and Chapter 440, as well as any and all claims within the limitations of Florida Statutes arising out of the activities governed by this Agreement. Each party agrees to keep in full force and effect the required insurance coverage during the term of this Agreement. 9. HOLD HARMLESS. To the extent allowed by law, each Party is liable for and must fully defend, release, discharge, indemnify and hold harmless the other party, the members of their governing boards, officers and employees. agents and contractors, from and against any and all claims, demands, causes of action, losses, costs and expenses of whatever type . - including investigation and witness costs and expenses and attorneys' fees and costs - that arise out of or are attributable to the operations under ti)is Agreement except for those claims, demands, damages, liabilities. actions, causes of action, losses. costs and expenses that are the result of the sole negligence or malfeasance of the respective Party. The purchase of the insurance required under this Agreement does not release or vitiate any Party's obligations under this Section. No Party waives any of its sovereign immunity rights. including but not limited to. those expressed in Section 768.28, Florida Statutes. . 10. COMPLIANCE WITH J-AWS. Each Party shall comply with all applicable laws of the state of Florida and the federal government in carrying out their obligations under this agreement. 11. GOVERNING LAWSNENUE AND ATTORNEY FEES. This Agreement is governed by the laws of the State of Florida and the United States. Venue for any dispute arising under this Agreement must be in Monroe County, Florida. In the event of any litigation, the prevailing party is entitled to a reasonable attomeyls fee and costs. 12. ETHICS CLAUSE. Each party warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 01 0-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision. the County may, in its discretion. terminate this agreement without liability and may also, in its discretion, recover the full amount of any fee. commission, percentage. gift or consideration paid to the former County officer or employee. 13. NOTICES. Notices in this Agreement, unless otherwise specified, must be sent by certified mail to the following: COUNTY: County Administrator 1100 Simonton Street Key West, FL 33040 LAYTON: Mr. Dirk Smits~ Esq City Attorney for Layton 81990 Overseas Highway, Third Floor Islamorada, FL 33036 MOU Windstorm Challenge Cost Sharing Page 3 of 4 & & County Attorney PO Box 1026 Key West, Fl. 33041-1026 Mayor Norman Anderson PO Box 778 Long Key, FL 33001 14. NON-RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement or benefit of any service or program contemplated hereunder, and each party agrees that neither the party nor any officer, agent, or employee of the Party shall have the authority to inform, counselor otherwise indicate that any particular individual or groups 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 under this Agreement 15. FULL UNDERSTANDING. This Agreement is the parties' final mutual understanding regarding the subject matter hereof. I t replaces any earlier agreements or understandings, whether written or oral. This Agreement cannot be modified or replaced except by another written and signed agreement. I N WITNESS WHEREOF. each Party has caused this Agreement to be executed by its duly authorized representative. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Deputy Clerk Mayor (SEAL) ATTEST: By: CITY OF LAYTON By: Clerk Mayor APPROVED AS TO FORM: City Attorney MOll Windstonn Challenge Cost Sharing Page 40f4 Page 1 of 1 Peters-Katherine From: Hutton...suzanne Sent: Thursday, July 16t 2009 10:03 AM To: McPherson-Morgan; mayor@keycolo~nybeach.net; Jim Scholl (jscholl@keywestcity.com); Clyde Burnett (burnettc@ci.marathon.fl.us); (ken.fields@islamorada.fl.us); Shawn Smith (sdsmith@keywestcity.com); NBoniske; Jimmy Morales Esq. (jmoraJes@swmwas.com); Dirk Smits (dsmits@florida-Iaw.com); City Clerk - Key Colony Beach; Tom Wright (twlaw@bellsouth.net); Jerry Sanders Cc: County Commissioners and Aides; County Administrator; County Attorney Subject: Windstorm Rate Challenge Dear Municipal Officials: Attached is a letter which I am also sending to you in hard copy pursuant to direction from the soce at yesterday's meeting to seek your assistance in a new challenge regarding windstorm rates. You may recall that in the late spring or early summer of 2006. a lot of folks received huge increases in their insurance rates and those who had not yet been billed were warned of even greater increases. At that time. the County hired Tim Volpe ofVolpeJ Bajalia, Wickes. Rogerson & Wachs, P.A., and Allan Schwartz. AIS Risk Consultants. to fight the increased rates. with a wonderful, although apparently short-lived victory for the citizens of the Florida Keys. The need has again arisen to challenge proposed increases and we are seeking your help. r s~ A. ~1IttM County Attorney Monroe County PO Box 1026 Key West, Fl. 33041-1026 305-292-~70 8126/2009 OK~~Y ~o~~~E (305) 294.~1 Suzanne A. Hutton, County Attomey** ~ Robert B. Shillinger, Chief Assistant County Attorney ** Pedro J. Mercado, Assistanl County Attorney Susan M. Grimsley, Assistant County Attorney ** Natileene W. Cassel. Assistant County Attorney Cynthia L Hall" Assistant County Attorney Christine Limbert-Barrows, Assistant County Attorney Derek V. Howard, Assistant County Attorney Lisa Granger, Assislanl County Attorney ** Board Ccnified in CitYt COurtlY &. ~al Govt. Law Mayor Cathi Hill Village Manager Kenneth Fields lslamorada, Village of Islands P. O. Box 178 Islamorada, FL 33036 and Nina Boniske, Esq. Weiss Serota Helfman Pastoriza, Cole & Boniske, P.L. 2525 Ponce de Leon Blvd., Suite 700 Coral Gables, FL 33134 Mayor Norman Anderson Dirk Smits, Esq., City Attorney City of Layton P. O. Box 568 Long Key, FL 33001 RE: Windstorm Insurance Rates Dear Municipal Officials: f....... '-......... BOARD OF COUNTY COMMISSIONERS Mayor George Neugent, District 2 Mavor Pro Tem Sytvia J. Murphv, District 5 Kim Wigington, OJstrict 1 Heather Carruthers, District 3 Mario OJ Gennaro, District 4 omce of the County Attorney 1111 It' Slreet. Suite 408 Key West, FL 33040 (305) 292.3470 - Phone (305) 292-3516 - Fax July 16, 2009 , Mayor Ron Sutton City of Key Colony Beach P. O. Box 510427 Key Colony Beach, FL 3305] and Thomas D. Wright, Esq. Attorney for City of Key Colony Beach 9711 Overseas Highway Mayor Morgan MacPherson City Manager Jim Scholl City Attorney Shawn Smith P. O. Box 1409 Key West, FL 33041-1409 Mayor Mike Cinque City Manager Clyde Burnett City of Marathon 9805 Overseas Highway Marathon, FL 33050 And Jimmy L. Morales, Esq. Steams Weaver Miller Weissler Alhadeff & Sitterson, P.A. 150 W. Flagler Street, Suite 2500 Miami, FL 33130 At the July 15, 2009 meeting of the Board of County Commissioners for Monroe CountYt the grass-roots organization Fair Insurance Rates in Monroe (FIRM) requested assistance in providing legal counsel and a professional actuary to fight the intended 1150/0 increase in windstorm rates by Citizens over the next several years. You may recall that when this issue arose in 2006 that the County did contract for such services and . .!. . " asked for contributions to the cause from the municipalities. Despite the success which was achieved in that endeavor) only one municipality apparently fulfilled its commitment. The BOCC directed me to contact you regarding the extreme need for new efforts to be lodged and to request that you provide monetary assistance, this time through an interlocal agreement.. The prior efforts cost the county approximately $108,000, and we greatly appreciate the contribution received from the City of Marathon toward that effort. It is expected that the cost this time will be Jess than that for several reasons. First. the County, if it takes action on the request, intends to contract for the services of attorney Tim Volpe who handled the previous administrative challenges, and who has remained in contact with FIRM since the contracted services ceased, and therefore has no learning curve required to prepare for representation of the residents of the Florida Keys.. Mr.. Volpe has already graciously offered to represent our citizens without charge at a hearing scheduled next week. The County also intends, if it goes forward with a contract for services, to include the actuary previously employed so there is, again, no learning curve needed, and the prior success for the insured of the County speaks for itself. Further, FIRM represents that they have been busy gathering additional data since their inception so the efforts to gamer evidence and data which was experienced in the last representation should be significantly reduced. However, in this time of great budgetary strain on all governments, the County needs assistance from its partners. Your participation is greatly needed to protect all the insured property owners in the Florida Keys. My suggestion is to use the same basic format of the gas tax ILA for the additional three cents just levied, and base a contribution on population.. The market values of property in each area would be another possibility, but it may be more difficult to obtain that information quickly. Those are just suggestions, and I am sure that if your municipality would be willing to enter an ILA with the county to provide any percentage of the total costs, even if subject to a cap, the offered participation win be greatly appreciated. The degree of participation will no doubt be important to the BOCC in its determining whether to move forward with contracts for legal and actuarial services to fight against unfair windstorm insurance rates. Due to the quick-moving nature of the scheduled hearings, the County will probably have to make a decision at its August 3rd special meeting, an no later than its August 19 regul ar meeting. Jf you would be so kind as to relay your council's wishes prior to August 3rd. I will relay that information to the BOCCI If you cannot obtain conceptual approval for a commitment prior to August 3rd, please let me know and provide an indication of your council's position before August 19. Based on your responses and the negotiations for legal services with Mr. Volpe, I will prepare the ILAs as soon as I possibly can and will keep you posted as we progress. Thank you for your consideration of this request. cc: County Commissioners County Administrator July J 6.2009 Windstorm Req. MUD. Officials