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Item J1BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Febmm 18 2015 Bulk Item: Yes X No — Division: Growth Management Department: Staff Contact /Phone #: Christine Hurl (305) 289-2517 AGENDA ITEM WORDING: Approval of contract with Lori Lehr for assistance to staff for National Flood Insurance Program (NFIP) participation, Floodplain Regulation development and implementation, FEMA audit assistance, and Community Rating System (CRS) application Professional Support Services and elimination of FTE originally budgeted as permanent position. ITEM BACKGROUND: The Board budgeted funding to recruit a full time employee (FTE) for the items listed above and funding for a consultant to assist Ms. -Leta in this effort. Instead of a full-time permanent position, we are seeking to -retain Lori Lehr as a consultant to perform these same services. FEMA has conducted 6 audits to date with substantial detailed findings. Staff has been addressing these findings and the Floodplain Program implementation must be found adequate by FEMA for the County to be eligible to enter the Community Rating System (CRS). PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval TOTAL COST: Maximum $120.000 INDIRECT COST: BUDGETED: Yes: X No: DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS: 180-52502-530340 REVENUE PRODUCING: Yes — No AMOUNT PER MONTH r� Year APPROVED BY: County Atty x�1 /flMB/Purchasing�Risk Management x� DOCUMENTATION: DISPOSITION: Revisers 7/09 Included x Not Required. AGENDA ITEM #, MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMN IARY V Contract with: Lori Lehr Contract.,# Effective Date: 2/18/2015 Expiration Date: 2/18/2017 Contract Purpose/Description: Assistance for National Flood Insurance Program (NFIP) Participation, floodplain regulations and implementation, FEMA audit assistance, and Comminity Rating System CRS application professional su ort services. Contract Manager: Christine Hurley 2517 11 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 2/18/15 Agenda Deadline: 2/3/15 CONTRACT COSTS Total Dollar Value of Contract: $ $120,000 Current Year Portion: $ 70,000 Budgeted? Yes® No ❑ Account Codes: 180-52502-530-340- Grant: $ - - - County Match: $ N/A - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e . maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out Date In Needed Reviewer Division Director Yes[-] No❑ r Risk Management 145 i Yes❑ NeO v O.M.B./Purchasing ' �� Yes[—] NoD/ UnL� a J S County Attorney 5� � I� YesE No❑ Comments: OMB Form Revised 2/27/0I MCP I#2 MONROE COUNTY CONTRACT FOR National Flood Insurance Program (NFIP), Floodplain Regulations, and Community Rating System (CRS) Professional Support Services THIS AGREEMENT ("Agreement') is made and entered into this _ day of January, 2015 by and between MONROE COUNTY ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 and Lori Lehr ("CONTRACTOR"), whose address is 3441 Pittman Road, Dover, Florida 33527 (collectively, the "Parties"). WHEREAS, the County has certain objectives as directed and established by the Board of County Commissioners, and which are consistent with, and supportive of the Federal Emergency Management Agency (FEMA) National Flood Insurance Program (NFIP), Floodplain Regulations, the Community Rating System (CRS) within the NFIP, and the Monroe County Code of Ordinances, and all other Federal, State, and Local laws governing work performed under this Contract; and WHEREAS, it has been determined that it is in the best interests of Monroe County and its residents that a contract for NFIP, Floodplain Regulations, and CRS Support Services be entered into with a private provider of such services; and WHEREAS, CONTRACTOR desires to provide such services. NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: Section 1. SCOPE OF SERVICES CONTRACTOR shall do, perform and carry out in a professional and proper manner certain duties as described in the Scope of Services — Exhibit A — which is attached hereto and made a part of this agreement. Language required by Section 2-152, Monroe County Code: By entering into this Agreement, the CONTRACTOR warrants that it has not employed, retained or otherwise had act on its behalf any former county officer or employee subject to the prohibition of Section 2-149 of the Monroe County Code or any current county officer or employee in violation of Section 2-150 of the Monroe County Code. For breach or violation of this provision the county may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift or consideration paid to the former county officer or employee or current county officer or employee. Sec. 2-149. - Lobbying regulated. (a) No former county officer or employee shall, within two years following vacation of office or termination of employment lobby on behalf of any other person or business entity in any formal or informal appearance before, or with the intent to influence, make any oral or written communication on behalf of any other person or business entity, to: (1) Any board, commission, authority, or advisory body of the county; or (2) Any department division, special district or bureau of the county, in connection with current or future procurement of goods and/or services. (b) This section shall not apply in the case of collective bargaining or to officers or employees in the employ of the county on the effective date of the ordinance from which this article is derived This section shall also not apply to any officer holding an elected office, or to an officer holding an appointment to any board, commission, or authority, on the effective date of the ordinance from which this article is derived except that, if such officer is elected or appointed for another term of office, which term commences after the effective date of the ordinance from which this article is derived, then this section shall apply. Section 2-150. - Appearance relating to procurement of goads, services. (a) Except as required by statute, ordinance, resolution, rule or custom for the proper discharge of official duty, no county officer or employee shall, if elected or appointed after the effective date of the ordinance from which this article is derived, make o formal or informal appearance before, or, with the intent to influence make any oral or written communication in connection with current or future procurement ofgoods and/or services, to: (1) Any board, commission, authority, or advisorybody of the county; or (2) Any department, division, or bureau of the county. (b) This section shall not apply in the case of collective bargaining. Section 2. QUALIFICATIONS NECESSARY OF CONTRACTOR The CONTRACTOR must have experience with FEMA NFIP, Floodplain regulations, and CRS. Section 3. TERM OF AGREEMENT The Agreement will begin on the date entered above and will continue for a period of 2 years, unless terminated in accordance with Section 8, below. The term of this Contract shall be renewable for two additional periods of up to two (2) years with the same terms. Renewal is subject to satisfactory performance by CONTRACTOR and the availability of County funds. This Agreement is subject to annual appropriation by the Board of County Commissioners. Section 4. COMPENSATION Compensation to the CONTRACTOR will be as follows ("Contract Price"): The County, in consideration of the CONTRACTOR substantially and satisfactorily performing and carrying out the objectives of the County in providing professional support services as detailed in the Scope of Services (attached hereto as Exhibit A), shall pay the CONTRACTOR based on invoices submitted by Consultant to the County's Division of 2 Growth Management on a monthly basis.The Contract Prices in Exhibit A are all inclusive. No claims for reimbursement for expenses will be reimbursed. Hourly Rates will be those on Exhibit A. Invoices much provide sufficient detail and documentation to support the activities and services for the billing period covered by the invoice, including but not limited to the exact dates, hours of service, job classification, and description of work completed for each individual providing service under this contract. Total Contract shall not exceed $120,000 annually. By entering into this Agreement, the CONTRACTOR warrants that it understands that the Contract Price represents the full compensation for all services under this Agreement.There will be no payment for any additional expenses, including but not limited to telephone, facsimile, postage, mileage, per diems, or any other travel expenses. Section 5. PAYMENT TO CONTRACTOR 1. Payment will be made according to the Florida Local Government Prompt Payment Act, Section 218.70, Florida Statutes, following presentation of an invoice in a form satisfactory to the Clerk of Courts for Monroe County (Clerk). The request must describe in detail the services performed and the payment amount requested. 2. Continuation of this Agreement is contingent upon annual appropriation by Monroe County Board of County Commissioners. 3. The Contractor will submit such invoice monthly for services provided during the preceding month. 4. There are no reimbursable items. 5. After the Clerk of the Board examines and approves the request for payment, the County shall reimburse the Consultant by Check. Section 6. INDEPENDENT CONTRACTOR At all times and for all purposes, the Contractor, its agents and employees are considered to be Independant Contractors in their performance of the work contemplated hereunder. As such, the Consultant, its agents and employees shall not be entitled to any of the benefits, rights or privileges of County employees. Employees of the Consultant shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. The contractor shall provide worker's compensation insurance, any benefits as desired, and shall be responsible for all tax withholding. Section 7. STAFFING Since this Contract is a service agreement, staffing is of paramount importance. Contractor shall provide services using the following standards, as a minimum requirement: 1. The Contractor shall provide at its own expense all necessary personnel to provide the services under the Contract. The personnel shall not be employees of or have any contractual relationship with the County. 2. All personnel engaged in performing services under this contract shall be fully qualified, and if required, be authorized or permitted under state or local law to perform such services. 3. The County shall, at its sole discretion, have the option to reject any individual provided to perform services under the Contract by the Contractor. 4. The Contractor shall require each of its employees to execute an acknowledge- ment that he/she is not an employee of County and that he/she is an employee of the Contractor and recognizes that no County benefits are available, as attached as Exhibit C. 5. The Contractor shall report to the Building Official, the Growth Management Division Director and the Permit Administrator as necessary. The Building Official has the final authority to approve the decision and work products of the Contractor related to Floodplain regulation and enforcement. Other work products may be approved by the Permit Administrator or Growth Management Division Director. 6. Employees of Contractor or Contractor shall comply with the Work Policies and Regulations of County attached as Exhibit B. Section 8. CONTRACT TERMINATION Either party may terminate this Agreement because of the failure of the other party to perform its obligations under the Agreement. COUNTY may terminate this Agreement for cause if the Contractor shall default in the performance of any obligations under this agreement. Default shall include the occurrence of any one of the following events and same is not corrected to the satisfaction of the County within thirty (30) days after the County provides the Contractor with written notice of said default: 1. Failure to provide services described in this contract. 2. Failure to comply with local, state, federal rules or regulations pertaining to this contract. 3. Breach of any other term, condition, or requirement of this agreement. COUNTY shall pay CONTRACTOR for work performed through the date of termination. Section 9. RECORDS CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied.Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Section 55.03 of the Florida Statutes, running from the date the monies were paid to 4 CONTRACTOR. Florida Statutes Section 119.0701: CONTRACTOR will: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. Section 10. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements 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 Agreement, the COUNTY and CONTRACTOR agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. Section 11. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 5 Section 12. ATTORNEY'S FEES AND COSTS The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, and court costs, as an award against the non -prevailing party. Section 13. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. Section 14. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Section 16. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. Section 16. NONDISCRIMINATION COUNTY and CONTRACTOR 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 Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties 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 VI1 of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination in employment on the basis of race, color, 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 29-255), as amended, relating to nondiscrimination on the basis of drug 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 6 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 V[ll of the Civil Rights Act of 1968 (42 USC ss. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. Section 17. CODE OF ETHICS CONTRACTOR and COUNTY both understand and agree that officers and employees of the COUNTY are required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Section 18. NO SOLICITATION/PAYMENT The COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. Section 19. NON -WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the COUNTY and the CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the COUNTY be required to contain any provision for waiver. Section 20. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. Section 21. LEGAL OBLIGATIONS AND RESPONSIBILITIES Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. Section 22. NON -RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. Section 23. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. Section 24. INSURANCE POLICIES As a pre -requisite of the work governed, the CONTRACTOR shall obtain, at his/her own expense, insurance as specified in any attached schedules, which are made part of this contract. Within 10 days following execution of this agreement, the CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required insurance, either: Certificate of Insurance or A Certified copy of the actual insurance policy. 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 8 notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on general liability and vehicle liability policies. Section 26. INDEMNIFICATION The CONTRACTOR does hereby consent and agree to indemnify and hold harmless the COUNTY, its Mayor, the Board of County Commissioners, appointed Boards and Commissions, Officers, and the Employees, and any other agents, individually and collectively, from all fines, suits, claims, demands, actions, costs, obligations, attorneys fees, or liability of any kind arising out of the sole negligent actions of the CONTRACTOR or substantial and unnecessary delay caused by the willful nonperformance of the CONTRACTOR and shall be solely responsible and answerable for any and all accidents or injuries to persons or property arising out of its performance of this contract. The amount and type of insurance coverage requirements set forth hereunder shall in no way be construed as limiting the scope of indemnity set forth in this paragraph. Further the CONTRACTOR agrees to defend and pay all legal costs attendant to acts attributable to the sole negligent act of the CONTRACTOR. At all times and for all purposes hereunder, the CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners. No statement contained in this agreement shall be construed so as to find the CONTRACTOR or any of his/her employees, contractors, servants or agents to be employees of the Board of County Commissioners for Monroe County. As an independent contractor the CONTRACTOR shall provide independent, professional judgment and comply with all federal, state, and local statutes, ordinances, rules and regulations applicable to the services to be provided. Section 26. ASSIGNMENT. No assignment of this contract is permitted. Section 27. SERVICES. When the contractors services are needed in the County, the CONTRACTOR shall have a work spot in both Key Largo and Marathon. Section 28. TIME. The CAVs are the big issue right now. Prasad visits every 6 months. The findings are accumulating and many of the files have already received certificates of occupancy. So our ability to require them to change things is legally gone. But Prasad won't give them up. I'm meeting with our County Attorney 1/26 to start getting him in the loop. I would want you E to be here when he is here and then I'm not sure of the time it will take for you to work with Mary Wingate to review things and help respond to Prasad. Section 29. NOTICES. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested to the following: FOR THE COUNTY: Monroe County Administrator 1100 Simonton Street Key West, FL 33040 FOR CONTRACTOR: Lori Lehr 3441 Pittman Road Dover, Florida 33527 Monroe County Attorney 1111 121h St. Suite 408 Key West, FL 33041 Section 30. Entire Agreement Monroe County Growth Management 2798 Overseas Hwy Marathon, FL 33050 This agreement constitutes the entire agreement between the Count and the Contractor for the services contemplated herein. Any amendments or revisions to this agreement must be in writing and be executed in the same manner as this agreement. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day of 20—. (SEAL) Attest: AMY HEAVILIN, CLERK OF MONROE COUNTY, FLORIDA By Deputy Clerk WITNESS Print Name: WITNESS Print Name: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Z Mayor/Chairman M Lori Lehr Title: Contractor MONROE COUN TTORNEY ED A FORM: STEVEN T. WILLIAMS 10 ASSISTAINT COU TY ATTORNEY Data 1 STATE OF _ COUNTY OF On this day of 2015, before me appeared Lori Lehr, Contractor, the person whose name is subscribed above, and who produced as identification, or is personally known to me, and acknowledged that she is the person who executed the above Contract for the purposes therein contained. Notary Public Print Name My commission expires: Seal EXHIBIT A SCOPE OF SERVICES SPECIFICATIONS Scope of Services: a. Contractor shall assist the County with Community Assistant Visit (CAVs) audits and assist in writing responses to the CAVs to Federal Emergency Management Agency (FEMA). b. Once County is found eligible to apply for Community Rating System (CRS) Program, Consultant shall develop, fill out, and apply for CRS using FEMA's most current workbook and application. This is anticipated to take approximately one year. c. Contractor shall assist with developing Floodplain regulation programs and reviewing projects for compliance with Floodplain regulations. d. Consultant will work remotely, as well as in Monroe County in week long intervals not to exceed 4 weeks in succession. Hourly Rate: $150 Maximum 800 hours annually Maximum not to exceed $120,000 No reimbursables for travel and per diem expenses 12 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE (Company) "...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation 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, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee." (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC My Commission Expires: 13 NON -COLLUSION AFFIDAVIT I, of the city of according to law on my oath, and under penalty of perjury, depose and say that 1. 1 am of the firm of the CONTRACTOR making the Proposal for the project described in the Request for Proposals for and that I executed the said proposal with full authority to do so; 2. The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter 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, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; and 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 affidavit in awarding contracts for said project. (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC My Commission Expires: 14 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statutes Section 287.087 hereby certifies that: (Name of Business) 1. Publishes 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. Informs employees about the dangers of drug abuse in the workplace, the business' 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. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies 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 contenders to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes 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. Makes 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. (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by or has produced NOTARY PUBLIC My Commission Expires: (name of affiant). He/She is personally known to me (type of identification) as identification. 15 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on 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." I have read the above and state that neither (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by (name of affant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC My Commission Expires: 16 MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL INSURANCE REQUIREMENTS FOR EMPLOYEE BENEFITS CONSULTING SERVICES BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self -insurer, the County shall 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. 17 GENERAL LIABILITY INSURANCE REQUIREMENTS FOR EMPLOYEE BENEFITS CONSULTING SERVICES BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability • Professional Liability • Expanded Definition of Property Damage The minimum limits acceptable shall be: 300 000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 100,000 per Person $ 300 000 per Occurrence $ 50 000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims fled 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. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 18 MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL WAIVER OF INSURANCE REQUIREMENTS There will be times when it will be necessary, or in the best interest of the County, to deviate from the standard insurance requirements specified within this manual. Recognizing this potential and acting on the advice of the County Attorney, the Board of County Commissioners has granted authorization to Risk Management to waive and modify various insurance provisions. Specifically excluded from this authorization is the right to waive: • The County as being named as an Additional Insured — If a letter from the Insurance Company (not the Agent) is presented, stating that they are unable or unwilling to name the County as an Additional Insured, Risk Management has not been granted the authority to waive this provision. And • The Indemnification and Hold Harmless provisions Waiving of insurance provisions could expose the County to economic loss. For this reason, every attempt should be made to obtain the standard insurance requirements. If a waiver or a modification is desired, a Request for Waiver of Insurance Requirement form should be completed and submitted for consideration. After consideration by Risk Management and if approved, the form will be returned, to the County Attorney who will submit the Waiver with the other contract documents for execution by the Clerk of the Courts. Should Risk Management deny this Waiver Request, the other party may file an appeal with the County Administrator or the Board of County Commissioners, who retains the final decision -making authority. lull MONROE COUNTY, FLORIDA Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract: Contractor: Contract for: Address of Contractor: Phone: Scope of Work: Reason for Waiver: Policies Waiver will apply to: Signature of Contractor: Approved Not Approved Risk Management: Date: County Administrator appeal: Approved Not Approved Date: Board of County Commissioners appeal: Approved Not Approved Meeting Date: BIDDER SIGNATURE 20 INSURANCE REQUIREMENTS (FIGURES ARE FOR EXAMPLE ONLY — TAILOR TO FIT THE INDIVIDUAL SITUATION] Worker's Compensation $ 100.000_ Bodily Injury by Acc. $500,000 Bodily Inj. by Disease, policy Imts $�100,000_Bodily Inj. by Disease, each emp. General Liability, including $_300,000 Combined Single Limit Premises Operation Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Expanded Definition of Property Damage Vehicle Liability $ 50.000 per Person (Owned, non -owned and hired vehicles) $100,000 per Occurrence $ 25.000 Property Damage $100,000 Combined Single Limit Professional Liability $250,000 per Occurrence $500,000 Aggregate The Monroe County Board of County Commissioners shall be named as Additional insured on general liability and vehicle liability policies. 21 EXHIBIT B EMPLOYMENT POLICIES SECTION 2 2.01 APPOINTING AUTHORITY The Board of County Commissioners shall be the appointing authority for the County Administrator and County Attorney. All other positions under the jurisdiction of the Board of County Commissioners shall be employed and supervised by the County Administrator. Employment of Division and Department Heads will require the confirmation of the Board of County Commissioners. The County Administrator `will be responsible for: A. Approval of all changes in employee status ensuring that all changes are in accordance with the Personnel Policies and Procedures and the Pay/Classification Plan. B. Ensuring that all positions in all Divisions have been fairly and equally evaluated, rated and classified in accordance with Personnel Policies and Procedures and the Pay/Classification Plan. 2.02 POSITION CONTROL All positions in the County Service are established and maintained through a budget each fiscal year, approved by the Board of County Commissioners. A. The establishment of new additional positions, or an increase in hours of a position can only be authorized by the Board of County Commissioners and the County Administrator, subject to adequate justification of need and availability of funds. Establishment of Emergency Disaster positions on a year to year basis do not require the prior approval of the Board of County Commissioners. The personnel in these positions will be trained and utilized on an as needed basis before, during, or after an emergency or disaster and will be paid for by the Hurricane Account Funds. Positions created on a temporary basis as described below in 2.03 B (3&4) do not require the prior approval of the Board of County Commissioners. B. For training and transitional purposes, two individuals may fill a budgeted position simultaneously for up to thirty (30) calendar days contingent on available funding. Both individuals shall accrue full benefits and be classified as a Full-time Regular employee. C. Personnel to fill approved new positions shall be appointed after the position has been evaluated, classified and assigned a pay grade. 2.03 TYPES OF EMPLOYMENT A. Original employment is subject to budgetary restrictions. When a person is initially employed in a position in County Service, he shall be employed in at least one of the following types of original employment status: 1. Full -Time Regular Employee 2. Substitute Employee 3. Temporary Employee 4. Emergency Temporary Employee 5. Part -Time Employee September 17, 2014 13 of 80 6. Trainee 7. Contract Participation in the Social Security program and the Florida State Retirement System will be in accordance `with the rules and regulations governing said programs. Any employee paid on an hourly basis will not be eligible for fringe benefits. B. Definitions of types of original employment: 1. Full -Time Regular Employee a. Full -Time Regular employment will be made to a classification for regularly budgeted County positions, working 25 hours or more per week. b. A Full -Time Regular employee shall be eligible for all County fringe benefits as set forth in these policies. c. An employee serving in a full-time regular position shall be eligible for career service status as described in Section 1.01. 2. Substitute Employee a. Substitute employment may be made to fill positions for which leaves of absences are granted to a regular employee. b. Substitute employment shall be only for a period of time for which the regular employee is granted leave. c. A substitute employee shall not be eligible for County fringe benefits. d. A substitute employee shall be exempt from career service status if employed for less than one continuous year. I Temporary Employee a. Temporary employment may be made when the work of a department requires the services of one or more employees on a seasonal or intermittent basis, or in a position not classified as a regular County position. b. An employee shall not be allowed to serve on temporary employment of more than 12 consecutive months or, in the case of intermittent employment, for more than 1,040 hours during any 12-month period, except as set forth below. c. A temporary employee shall not be eligible for County benefits or paid holidays, except as stated in V below. d. A temporary employee shall be exempt from career service status. e. All employees who are employed under special grants/projects shall be temporary employees throughout the duration of the grant/project. Such employees shall at no time be September 17, 2014 14 of 80 considered regular employees of the County, and shall only have the rights of temporary employees as set forth in these policies and procedures, except as might be specifically set forth in the special grant or project requirements. Grant employees, who do not qualify as temporary employees, are entitled to the same benefits as a regular employee except for Career Service status, and any benefit not eligible for reimbursement under the grant funding for the position. 4. Emergency Temporary Employee a. Emergency temporary employment may be made when a short-term emergency exists. b. Emergency temporary employment may be made without regard to the person's training or experience. c. No person shall be given one or more emergency employments for more than three (3) calendar months. d. An Emergency Temporary Employee shall not be eligible for County fringe benefits. e. An employee hired on an emergency basis shall be exempt from career service status. 5. Part -Time Employee An employee is to be considered part-time if the employee works less than twenty-five (25) hours per week. The salaried part-time employee who works at least twenty (20) hours per week will accrue vacation and sick leave according to scheduled work hours. Anyone working less than twenty (20) hours per week will not accrue sick or annual leave. 6. Trainee Employee An employee appointed to fill an established position on a regular full-time or part-time basis shall be given trainee status when qualified applicants are not available for the position and the employee does not meet the minimum training and experience requirements for the position. (Refer to Section 4.07.) 7. Contract Employee Anyone whose employment is project specific will be a contract employee. Said employee(s) will not attain Career Service Status. Each proposed contract will be submitted by the County Administrator to the Board of Commissioners for approval. 2.04 PROBATIONARY PERIOD A. The standard probationary period for new employees will be twelve (12) months from the date the employee begins working as a regular employee for the County. If at any time during the probationary period it is determined that the employee does not meet performance standards, the employee may be terminated without recourse. The County Administrator, or a designee, shall either: (1) approve, in writing, retention of the employee, at which time the employee shall be granted career service status: or (2) decide that the probationary period will be extended for no longer than an additional 90 days if the employee has not met performance standards : or (3) in the event the County shall fail to approve the employees' retention the employee shall automatically be separated from employment with the County, said separation being absolutely final, with no rights of appeal to any authority, including the grievance procedure contained herein. September 17, 2014 15 of 80 Temporary employees, Federal or State Grant employees as well as employees originally hired under the CETA Program will retain their original date of hire if transferred to or hired in a regular County position for use in procedures governing fringe benefits and evaluation purposes, when applicable. Said employee must then serve the standard 12-month probationary period, before becoming eligible for career service status. B. During the probationary period, the Department Head or duly -appointed representative must observe the employee's work habits, attitude and attendance to see if continued employment in the job is desirable. C. In the event an employee receives a promotion through the promotional opportunity process, said employee will serve a 90 day probationary period, or the remainder of their original probationary period, whichever is greater. If during this probationary period the employee does not meet performance standards, he or she may be terminated without right of appeal if recommended by the Department Head and the Division Director and approved by the Administrator, but will be able to apply for another County position through the promotional opportunity system for 1 year, after which time he or she must wait until a desired position is open to the public. D. Any employee whose position evolves into accepting additional or different duties and/or responsibilities within the same department may be reclassified to another pay grade and/or title upon recommendation of the Department Head and Division Director and approved by the Administrator but will not serve an additional probationary period. (See Section 3.04 and 3.05.) 2.05 DEFINITION OF SERVICE A. Creditable Service shall be defined as service during which the employee was on the payroll of the County, or on approved leave of absence without pay. B. An employee's continuous service date shall be established as the most recent date of hire and may not precede the date of actual job performance. C. Authorized leaves of absence to the extent provided in Section 8 of these policies shall not be considered a break in service effective at the end of the employee's regular shift on the last day of work. D. If an employee has a break of service of 48 hours or more, he/she cannot be reinstated to his/her former employment status. If he/she is selected for County employment after such a break in service, he/she must begin as a new employee in all respects, except for Retirement Benefits which are governed by Florida Statutes. E. Any unauthorized leave without pay for three consecutive work days or more may be considered a break in service, and may result in termination. 2.06 MEDICAL EXAMINATIONS A. In order to maintain a vigorous and healthy work force the County shall require post offer medical examinations by a physician designated by the County. B. The County Administrator may require that an employee submit to a physical and/or psychiatric examination by a physician or other qualified practitioner at any time during their employment, which may include blood and/or urine testing for drug or alcohol usage. Charges for same will be the responsibility of the County. September 17, 2014 16 of 80 Grant Programs will provide funding for medical examinations for their employees in their respective budgets. C. Should an examination result in disclosure of inability to meet the required minimum standards of the specific occupation, the results of the examination shall be reviewed by the Human Resources office and the employee's Department Head and/or Division Director. Findings and recommendations shall be forwarded to the County Administrator for final disposition. Payment of any expense incurred by the applicant/employee other than the initial examination required by the County will be the responsibility of the applicant/ employee. D An employee determined to be physically or mentally unfit to continue working in his/her current classification may be terminated, but may apply through the promotional opportunity system for any available position for which said employee is determined to be qualified as well as physically and mentally fit to perform all required duties of the position. Said employee will have promotional opportunity rights for one year after his/her termination date. E. If a Department Head has reasonable suspicion alcoholic or illegal substances, that Department He-2 physician who may include blood and/or urine testing. 2.07 BASIS FOR CHANGE OF STATUS that an employee is under the influence of, or using d may require that said employee be examined by a Selection of applicants for new hire and in-house promotion shall be based on the applicant's ability to perform the job as outlined in the job description of the position being filled. The job description shall identify the specific knowledge, skills, and abilities necessary for the successful performance of the duties of the position. An evaluation of the applicant's knowledge, skills, and abilities as reflected in education, experience, licensure or certification as outlined on the employment application shall be compared to the required minimum qualifications of the position. All applicants who appear to possess the required minimum qualifications shall be evaluated according to uniform and consistently applied selection techniques established by Personnel Policies and Procedures. These selection techniques shall be designed to provide maximum validity, reliability, and objectivity and result in selection from among the applicants who are most qualified for the position. In determining change of status as a result of demotion, recall from layoff or transfer, job performance shall be the sole criterion. Job performance being equal, length of continuous service shall be the criterion. 2.08 SELECTION PROCESS All interviews whether for new hire or in-house promotion must follow the interview procedures outlined in Administrative Instruction 4705. 2.09 TRANSFERS A. The County Administrator may, at any time, transfer an employee from one area to another and/or from one position to another when he determines that it is in the best interest of the operation of the County to do so. Transfers will be made by the County Administrator based upon a recommendation by the employee's Department Head and Division Director. September 17, 2014 17 of 80 B. Employees will be notified in writing of the County Administrator's decision to transfer them. Employees who claim that a transfer is made arbitrarily and capriciously or that it is being recommended for disciplinary reasons may appeal a transfer decision pursuant to Section 10 (Employee Complaint/Grievance Procedure). 2.10. EMPLOYEE TRAINING The County may require any employee to attend any and all training deemed necessary to perform his or her job duties adequately and safely. Prior to employment with Monroe County, it is the applicant's responsibility to provide proof of completion of said training requirements. Once employed, any certification or training deemed necessary for continued employment is to be paid by the individual with reimbursement made after successful completion. See 2.11, item A. 2.11 EDUCATIONAL ASSISTANCE PROGRAM A. EDUCATIONAL ASSISTANCE POLICY' The County may provide financial assistance to County employees for educational courses which are applicable to the employee's field of work, or of such nature and quality to directly contribute to the employee's value and potential growth in the County service. Employees required to maintain training and certification requirements as a condition of employment are also eligible for this program. In the case of a degree -seeking student; although attainment of said degree may provide job enhancement for the employee, courses taken in the pursuit of the degree must have some relation to County employment. B. ELIGIBILITY An employee will be considered eligible for participation in the Educational Assistance Program if he has been a full-time employee of the County for one year or more, and is so recommended by the Supervisor and Department Head. An exception may be made for those employees referred to in Ordinance No. 008-1987, as approved by the Board of Commissioners. C. APPLICATIONS An Employee must submit the completed Request for Educational Assistance Form to the immediate Supervisor and Department Head for approval prior to the employee enrolling in the course. The Department Head shall review the employee's eligibility to participate in the Educational Assistance Program and shall be responsible for the administration of the program. Upon enrollment in the course, the employee shall submit to the Department Head the enrollment receipt and textbook receipt. Upon completion of the course, the employee shall submit to the Department Head the proof of successful completion. The tuition and textbook receipts, the Audit Slip or Purchase Order and the proof of successful completion will be sent to the Finance Department for processing. A copy of all ' See Florida Statutes 112.063 September 17, 2014 18 of 80 the documentation will be sent to the Human Resources office and placed in the employee's personnel file. D. TIME OFF FROM WORK Qualified employees may be permitted time off from work with pay to attend educational training classes or seminars which are related to their job duties but which are not available during non- working hours, if approved by the applicable Department Head and/or Division Director. Allowable time off will be restricted to a maximum of 160 hours in any calendar year unless specifically otherwise approved by the County Administrator. Employees are attending this training on a volunteer basis and time allowed for attending such training does not constitute hours worked for the purpose of computing required overtime payments. E. REIMBURSEMENT 1. Upon the successful completion of approved courses, the employee will be eligible for reimbursement of tuition, textbooks, online access fees, distance learning fees, and lab fees. The employee must present a certification of successful course completion and a paid receipt for tuition, textbooks, online access fees, distance learning fees, and lab fees to the Department. Requests for reimbursement must be made within sixty days after completion of the course. 2. Textbook reimbursement allowance is limited to $125 per course. The employee is responsible for paying any difference. 3. Reimbursement for tuition will be made only to employees who are on the active payroll when payment is due. 4. Where tuition is covered under benefits from the Veterans Administration or a philanthropic source, qualified employees may participate only in the "time off from work" feature of the program. 5. Reimbursement under the Educational Assistance Program constitutes income to the employee. The County must withhold taxes from this income and report to government agencies in the same manner. 6. Employees must provide their own transportation to and from training. 7. Refunds shall be limited subject to the availability of funds and the number of participants in the program. 8. This program may be amended or terminated at any time, however, such amendment or termination will not affect any courses of study previously approved. F. CONDITIONS OF REIMBURSEMENT Employees who obtain reimbursement for any educational assistance program shall remain with the County at least one (1) year after completion of courses, otherwise any reimbursement which was made by the County to the employee shall be refunded to the County, if the employee terminates within less than one (1) year from date of completion of educational assistance courses. Further September 17, 2014 19 of 80 funding to the County shall be accomplished by deducting all reimbursement due from the employee's final paycheck. 2.12 EMPLOYEE SAFETY It is the responsibility of the County to promote and pursue a safe and healthy environment for all employees. Monroe County has a viable safety program administered and enforced by the Monroe County Safety Officer according to the Safety Policies and Procedures adopted by the Board of County Commissioners. Employees will observe all safety rules and regulations established by the State of Florida and County Government. Division Directors, Department Heads and Supervisors are responsible for the observance of those rules within their jurisdiction. Failure to comply may result in disciplinary action. 2.13 PROMOTIONAL OPPORTUNITIES A. It is the policy of the Board of County Commissioners to consider qualified County employees for promotional opportunities before applicants from the general public are considered. An employee must remain in his or her respective position for a period of at least six (6) months before transferring to another position through the Promotional Opportunity system. If it is thought to be in the best interest of the County to waive this rule, prior approval of the appropriate Division Director(s) and the County Administrator must be obtained. Please review Section 2.04 Probationary Period. Promotional Opportunities will be posted on bulletin boards throughout the County system for seven (7) calendar days. a. Contractual Commissioner Aide positions (Executive Assistants) will not be required to be posted and/or advertised unless at the request of the Commissioner with the vacancy. B. An eligible employee wishing to apply for a promotional position will complete the Promotional Opportunity Application Form within the seven (7) day period (date of posting is day one (1)) and submit it to the Human Resources office. The Human Resources office will review these completed forms and forward all in-house applications to the Department with the vacancy for consideration. C. During the seven (7) days the position is posted, any qualified County applicant is to be given preference in the vacant position. All Promotional Opportunity applications must be reviewed by the department with the vacancy. It is the responsibility of the hiring department to review in-house applications and conduct interviews for qualified County applicants. Any qualified employee filing a Promotional Opportunity within the required seven (7) day period is to be considered a priority. In the event the Promotional Opportunity is not received within the seven (7) day period, the in-house employee shall lose preferential treatment. D. Eligible veterans and spouses of veterans will receive preference in initial employment pursuant to Florida's Veterans' Preference Law {Chapter 295, Florida Statutes), with the exception of those positions which are exempt under said law. 2.14 EQUAL OPPORTUNITY POLICY A. The County is firmly committed to equal employment opportunity, and does not discriminate in any employment -related decisions on the basis of race, color, religion, national origin, sex, sexual orientation, gender identity or expression, age, disability or other similar factors that are not job -related. The County's policy of equality of opportunity applies to all organizational levels of the County and to all job classifications. It is the responsibility of each elected or appointed public official, Division Director, September 17, 2014 20 of 80 Department Head and Supervisor to give the County's non-discrimination policy full support through leadership, and by personal example. In addition, it is the duty of each public official and each employee to help maintain a work environment which is conducive to, and which reflects, the County's commitment to equal employment opportunity. B. All personnel actions shall be based solely on ability and fitness of the individual. C. The Human Resources office shall see that information about job opportunities is readily available to all employees and citizens of the County, and a continuing program shall be conducted to make the Equal Employment policies known to all citizens of the County. D. In this capacity, the Human Resources office will be responsible for anticipating problems, formulating solutions, presenting complete analysis of alternatives and recommended corrective actions and coordinating the recommended actions with public officials, Division Directors, Department Heads and employees. In the implementation of this policy, the County will aggressively seek personnel for all job levels within the organization through upgrading and recruitment from minority group members and women. This policy is specifically included and will be a continuing and essential component of the Personnel Policies and Procedures. E. Harassment of any kind is prohibited and will not be tolerated. A violation of this policy will subject an employee to disciplinary action, up to and including termination of employment. Any violation which cannot be remedied through the disciplinary process set forth in these policies and procedures may be considered by the Board of County Commissioners for any other avenues legally available, such as, but not limited to, contractual remedies, no trespass orders, injunctive relief, removal of workplace accommodations which have been abused, or through federal or state laws protecting workers in the workplace. Harassment is defined as verbal or physical conduct which: 1. Denigrates or shows hostility or aversion toward an individual because of his or her race, color, religion, gender, national origin, age, veteran status, marital status, familial status, sexual orientation, gender identity or expression, or disability/handicap, or that of his or her relatives, friends or associates. 2. Has the purpose or effect of creating an intimidating, hostile or offensive working environment; 3. Has the purpose or effect of unreasonably interfering with an individual's work performance or; 4. Otherwise adversely affects an individual's employment opportunities. Prohibited harassing conduct includes, but is not limited to, epithets, slurs, jokes, negative stereotyping, or threatening, intimidating or hostile acts that relate to race, color, religion, gender, age, national origin, veteran status, marital status, familial status, sexual orientation, gender identity or expression, or disability/handicap. Prohibited harassing conduct includes written or graphic material that is placed on walls, bulletin boards or elsewhere on the premises or that is circulated in the workplace. The above policy includes, but is not limited to, sexual harassment. Sexual harassment is defined as: 1. Unwelcome sexual advances; 2. Requests for sexual favors; 3. Verbal or physical conduct of a sexual or otherwise offensive nature, particularly where: a. submission to such conduct is made, explicitly or implicitly, a term or condition of employment; b. submission to or rejection of such conduct is used as a basis for decisions affecting an individual's employment; or September 17, 2014 21 of 80 c. such conduct has the purpose or effect of creating an intimidating, hostile or offensive working environment. 4. Sexually offensive jokes, innuendoes, and other sexually oriented statements or behavior. If an individual experiences or observes any form of harassment of an employee by any person (regardless of the offender's identity or position), he/she is required to promptly report the incident to a Division Director, Department Head, the Human Resources Administrator or the County Administrator. Division Directors and Department Heads are responsible for promptly reporting the allegations or concerns to the Human Resources Administrator or the County Administrator. (It is encouraged that the individual put such a complaint in writing). If the complaint is about the County Administrator or any other person whose official or political position leads an employee to believe that the complaint may be ignored or handled improperly, the individual who experiences or sees any prohibited form of harassment which he/she is required to report may report the conduct to a county commissioner, who shall see that it is properly processed by staff in an objective manner. The complaint will be immediately investigated and kept confidential to the extent possible. Individuals who make complaints have an obligation to assist and cooperate with the County's investigation. If the County determines that an employee (including public officials, Division Director, Department Head, or supervisor) or third -party has harassed another individual, appropriate remedial action will be taken against the offender, up to and including termination. If the harassment involves a third party such as a contractor, vendor, supplier, or other visitors to County buildings or the workplace, that person may be barred from the premises. The County prohibits any form of retaliation or coercion (including intimidation, interference or discrimination for lodging a bona fide complaint under this policy or for assisting in the investigation of a claim of harassment. If an individual experiences or observes any form of retaliation by any person, employee or non -employee (regardless of the offender's identity or position) he/she is required to promptly report the incident to a Division Director, Department Head, the Human Resources Administrator or the County Administrator. Division Directors and Department Heads are responsible for promptly reporting the allegations or concerns to the Human Resources Administrator or the County Administrator. It is encouraged that the individual put such a complaint in writing. The complaint will be immediately investigated and kept confidential to the extent possible. Individuals who make complaints have an obligation to assist and cooperate with the County's investigation. If the complaint is about the County Administrator or any other person whose official or political position leads an employee to believe that the complaint may be ignored or handled improperly, the individual who experiences or sees any prohibited form of harassment which he/she is required to report may report the conduct to a county commissioner, who shall see that it is properly processed by staff in an objective manner. The county will protect individuals who make a complaint to the extent legally possible. Any bona fide complaint will in no way be used or held against an employee (or non - employee) nor will it leave an adverse impact on the complaining employee's employment. Individuals shall not assume that the County is aware of a harassment problem and are required to adhere to this policy and make a report so that the problem can be resolved. Any questions concerning this policy should be addressed to Human Resources. F. If one believes that the County has violated the equal opportunity policy, as stated in this section, he/she should submit a written complaint to the EEO Coordinator. The EEO Coordinator shall investigate the complaint and respond to the complaint. September 17, 20I4 22 of 80 2.15 EMPLOYEE RECOGNITION A - EMPLOYEE OF THE QUARTER/YEAR PROGRAM Monroe County has established an Employee Service Award which is designed to recognize employees who demonstrate superior performance and dedication to their work which is above and beyond the call of duty. (See Monroe County Administrative Instruction Series 4000.) The employee selected for the quarter shall be awarded a $300 one time lump sum payment and an appreciation plaque. The employee of the year shall receive a one-time lump sum payment of $3,000 and an appreciation plaque. B - YEARS OF SERVICE PROGRAM Monroe County has established a program to recognize County employees who have been in the County Service for Five, Ten, Fifteen, Twenty, Twenty-five, Thirty, and Thirty-five years. Grant and part -tune employees will be eligible for the years -of -service program. At the employee's anniversary date, or as soon thereafter as is feasible, the Human Resources office will send Division Directors a list of employees that are eligible for a years of service award that month along with a template letter for recognizing the employee and notifying the Payroll office. Each Division will be responsible for completing and providing a letter of recognition to the employee along with providing a copy to Human Resources to be placed in the employee's personnel file, noting the years of service and the award that will be given. Payment of the award will be distributed as outlined below and will be included in the employee's paycheck. A letter to the Payroll Department will be completed by the Division informing Payroll what the amount of the award shall be and a copy of the letter provided to Human Resources to be placed in the employee's personnel file. It is the Division's responsibility to discuss the presentation opportunity with the employee and together come to a decision as to whether the employee would like to be recognized at the BOCC meeting. If the employee chooses to be recognized at the BOCC meeting, the Division must coordinate with the Human Resources office regarding the appropriate award as outlined below, and with the County Administrator's office to ensure that said recognition is placed on the meeting agenda. Whenever possible, this presentation will take place at the BOCC meeting in the employee's location. The following will be provided in a lump sum payment to the employee: a - For 5 years of service, a decorative pin and a $100.00 award; b - For 10 years of service, a decorative pin and a $175.00 award and recognition at the BOCC Meeting; c - For 15 years of service, a decorative pin and a $200.00 award and recognition at the BOCC Meeting; d - For 20 years of service, a decorative pin and a $350.00 award and recognition at the BOCC Meeting; e - For 25 years of service, a decorative pin and a $500.00 award and recognition at the BOCC Meeting; f - For 30 years of service, a decorative pin and a $1,000.00 award and recognition at the BOCC Meeting; g — For 35 years of service, an engraved Lucite desk clock and a $1,500.00 award and recognition at the BOCC meeting. C. EMPLOYEE SUGGESTION PROGRAM The employee suggestion program is designed to incentivize ideas by providing monetary awards to employees who provide suggestions. (See Monroe County Administrative Instruction Series 4010). All employees are eligible to submit suggestions with the exception of the County Administrator, Deputy County Administrator, and the County Attorney. The suggestion shall be submitted on the appropriate form and submitted to the Human Resources Administrator for appropriate routing. Once the Department Head has properly reviewed the suggestion, it will be forwarded to a Committee consisting of all four Division Directors and the Deputy Administrator or September 17, 2014 23 of $0 their designee for review. The Committee shall either vote to implement or not implement the suggestion and forward to the County Administrator for final review. The County Administrator shall then provide direction to the appropriate individuals to proceed with any recommendations and/or implementation of the suggestion if it is decided to proceed with implementation. Eligible suggestions must result in one or more of the following: • Identifiable savings in time, material or cost • Significant improvement in a process • Improvement in tools or equipment • Increase in efficiency • Elimination of hazard to personnel • Improvement in working conditions • Improvement in public relations • Improvement in public service without increased cost Ineligible suggestions (list is not all inclusive): • Matters already under study or review by management • Duplicate suggestion already received or very similar to any suggestion previously received by program • Matters requiring legal adjudication requiring legislative or court action other than by County ordinance • Stricter enforcement of already existing rules, regulations or laws • Suggestions that require costly testing or experimentation before acceptance and implementation • Requests for additional equipment of a common nature or for obvious or normal replacements, repairs or maintenance • Solution to a problem which is already within the scope of the duties, assignments and responsibilities of the employee's position • Suggestions that involve work hours and other conditions of employment • Suggestions or changes in procedures, new buildings, equipment, and installations in operation less than 12 months, since such ideas generally cover items that are part of the normal trial -run adjustments which ordinarily are made within that time • Suggestions pertaining to salary schedules, job classifications, benefits and grievances • A statement indicating the need for change or improvement without suggesting how to make the change or improvement • Suggestions which would impose new or additional taxes or fees for revenue purposes • Petition or anonymous suggestion • Ideas which involve State, Federal or Local Grant funds • Matters within the scope of collective bargaining Eligible suggestions will be considered for an award when they are implemented or when an implementation date is established to occur within one year of the date of receipt of the suggestion. Rewards are contingent upon there being available funds budgeted by the Board of County Commissioners. Tangible: Suggestions that generate measurable, identifiable savings will receive a lump sum award of: • 10% of the first year's savings with a maximum of $2,500 • The minimum award shall be $50.00 Suggestions where a savings cannot initially be accurately determined upon implementation: September 17, 2014 24 of 80 Partial award of 5% of the estimated savings up to a maximum of $1,000. After the first year's savings can be accurately determined, the employee will receive an additional amount up to 10% of the total of the first year's savings which shall not exceed $1,500. Intangible: Suggestions that significantly improve the quality of work life or have an overall benefit but do not generate measurable, identifiable savings or income, or suggestions that significantly improve customer service. Suggestions may involve improvements in working conditions, changes in procedures, improved morale, public relations, employee health or safety. • A minimum award of $25 with a maximum award of $1,000. The amount of the award shall be recommended by the Committee and approved by the County Administrator. The awardee(s) shall be recognized at a Board of County Commissioner's meeting. September 17, 2014 25 of 80 Loril.lejir 3441 Pittman Road • Dover, Florida.33527• (727) 235-3875 OBJECTIVE o To obtain a challenging position with the possibility of advancement and to share my experience in Floodplain Management. QUALIFICATIONS ➢ Adult Instruction Skills ➢ Public Service ➢ Self Motivated ➢ Excellent Interpersonal Skills ➢ Extensive Computer Program Management ➢ Office Management Skills ➢ Bookkeeping Skills EXPERIENCE INSURANCE SERVICES OFFICE National Flood Insurance Field Representative ➢ Floodplain management ➢ Program audit ➢ Liaison between FEMA and local government ➢ National instructor for the CRS program ➢ CFM CITY OF ST. PETERSBURG Planner ➢ Certified Floodplain Manager ➢ Building construction review ➢ Building construction inspections ➢ Code enforcement ➢ Liaison between the City and FEMA ENTERPRISE VILLAGE, PINELLAS COUNTY SCHOOLS Office Manager ➢ Staff management ➢ Account management for the school ➢ Account management for construction of a new school ➢ Program design FRESHENS YOGURT, ST. PETERSBURG, FLORIDA Manager ➢ Staff scheduling ➢ Account management ➢ Inventory management ➢ Payroll 2007 - Present 2000 - 2007 1996- 2000 1991-1996 MEMORANDUM MONROE COUNTY GROWTH MANAGEMENT DIVISION We strive to be caring, professional, and fair. To: Board of County Commissioners From: Christine Hurley, Division Director Jerry Smith, Building Official Date: May 2, 2014 RE: Monroe County Application to FEMA to enter Community Rating System (CRS) As you know, FEMA ended the Federal Pilot Inspection Program for downstairs enclosures in June of 2013. FEMA has conducted 3 audits of our Floodplain program in the last year and a half. In response to their suggestions we have made a change to the data collection methods. The audits overall have gone well. FEMA staff has indicated Monroe County is now eligible for entry into the FEMA Community Rating System (CRS). The CRS program gives residents between a 5%-45% discount on their annual flood insurance premiums. The discount is dependent upon the class rating achieved in the application process. The class rating is from 1 to 10. In 2013, Monroe County flood premiums totaled $18 Million. Depending on the County's ranking in CRS, the County's policyholders would realize a savings of between $900,000 under a 5% discount to a maximum $8,100,000 under a 45% discount by participating in CRS. In Florida the maximum class any government has achieved is a Class 5, which equates to a25% discount. However, only 15 communities have achieved such a high rating. The County hopes to achieve a Class 6 rating, which would mean an annual savings of $3,600,000 to County policy holders. The following table demonstrates the various classes and the discounts that can be realized from those rankings for policy holders. Premium Reduction (18 million in premiums in 2013) CRS Class Credit Points (CT) % In SFHA $ Amount % Outside SFHA $ Amount 1 4,500+ 45% $8.1 million 10% $1.8 million 2 4,000-4,499 40% $7.2 million 10% $1.8 million 3 3,500-3,999 35% $6.3 million 10% $1.8 million 4 3,000-3,499 30% $5.4 million 10% $1.8 million 5 2,500-2,999 25% $4.5 million 10% $1.8 million 6 2,000-2,499 20% $3.6 million 10% $1.8 million 7 1,500-1,999 15% $2.7 million 5% $900,000 8 1,000-1,499 10% $1.8 million 5% $900,000 9 500-999 5% $900,000 5% $900,000 10 0-499 0 0 0 0 Staff is recommending the following actions prior to application into CRS: Phase 1—estimated cost FYIS: $150,000 ($80,000 recurring annual, S70,000 consultant one time) fees: 1. Retain one full time staff person to manage the application process, the on -going annual audit and program implementation. $80,000 recurring, annual loaded salary 2. Complete Request for Proposals (RFP) for a consultant to assist the county with achieving a Class 6 (20% discount or $3,600,000 savings to flood policy holders) - $70,000 consultant fees: 3. Complete Application for a CRS classification with minimum requirements of credit points adding to 500; class 9 prerequisites (see Exhibit A); sending a letter of interest from the Mayor to FEMA Regional Office stating: the county is interested in joining the CRS, designating the community's CRS Coordinator, the community will cooperate with the verification process, and the community understands that approval from the FEMA Regional Office is needed for the ISO/CRS Specialist to visit the community and verify the creditable activities. 4. Site visit conducted by FEMA or ISO or both. 5. Form a Committee that includes an architect, Certified Floodplain Administrator (Jerry Smith, Building Official), Contractor, Insurance Agent, Banker, Elected Official, and a person that will serve as a Public Information Officer (bonus points for having a committee) to develop: a. Program for Public Information (PPI) b. Flood Insurance Assessment c. Coverage Improvement Plan d. Floodplain Management Plan e. Repetitive Loss Plan to be included in County Local Mitigation Strategy 6. Amend County Local Mitigation Strategy to include a Repetitive Loss Plan that identifies those sites that have had repetitive loss and severe repetitive loss, with a plan to mitigate those structures (options include: raising structure, demolishing structure, etc.). This planning effort will gain points in the overall application system, when the County applies. Phase 2 -- estimated cost FY16. $80,000 recurdn& annual, $40,000 consultant one time fees: 1. CRS application development and submittal to FEMA to accomplish scoring The following table demonstrates the maximum points for each activity in the CRS program: ACTIVITY MAX POINTS 300 Series: Public Information Activities 310 (Eievation Certificates) 116 320 (Map Information Service) 150 330 (Outreach Projects) 380 340 (Hazard Disclosure) 80 350 (Flood Protection Information) 125 360 (Flood Protection Assistance) 110 370 (Flood Insurance Promotion) 110 400 Series: Mapping and Regulations 410 (Floodplain Mapping) 802 420 (Open Space Preservation) 2,870 430 (Higher Regulatory Standards) 3,512 440 (Flood Data Maintenance) 222 450 (Stormwater Management) 755 500 Series: Flood Damage Reduction Activities 510 (Floodplain Management Planning) 622 520 (Acquisition and Relocation) 2,250 530 (Flood Protection) 2,600 540 (Drainage System Maintenance) 570 600 Series: Warning and Response 610 (Flood Warning and Response) 395 620 (levees) 235 630 (Dams) 160 The following Exhibit A indicates the prerequisites needed to meet levels 9, 6, 4, and 1 of the CRS program. EXHIBIT Prerequisites i s Classes of the Community Rating System (CRS) Class Class 6 Class 4 Class 1 (1) The community must have been in the (1) The community must have been in the (1) The communitymust have been in the (1) The community must have been in the Regular Phase of the National Flood Regular Phase of the National Flood Regular Phase of the National Flood Regular Phase of the National Flood Insurance Insurance Insurance Insurance Program (NFIP) for at least one year. Program (NFIP) for at least one year. Program (NFIP) for at least one year. Program (NFIP) for at least one year. (2) The community must be in full (2) The community must be in full (2) The communitymust be in full (2) The community must be in full compliance with the minimum compliance with the minimum compliance with the minimum compliance with the minimum requirements of the NFIP. There must requirements of the NFIP. There must requirements of the NFIP. There must requirements of the NFIP. There must be correspondence from the Regional be correspondence from the Regional be correspondence from the Regional be correspondence from the Regional Office of the Federal Emergency Office of the Federal Emergency Office of the Federal Emergency Office of the Federal Emergency Management Agency (FEMA) stating that Management Agency (FEMA) stating that Management Agency (FEMA) stating that Management Agency (FEMA) stating that the community is in full compliance with the community is in full compliance with the community is in full compliance with the community is in full compliance with the NFIP. The correspondence must the NFIP. The correspondence must the NFIP. The correspondence must the NFIP. The correspondence must have been sent within six months of have been sent within six months of have been sent within six months of have been sent within six months of the initial CRS verification visit. The the initial CRS verification visit. The the initial CRS verification visit. The the initial CRS verification visit. The FEMA Regional Office or State NFIP FEMA Regional Office or State NFIP FEMA Regional Office or State NFIP FEMA Regional Office or State NFIP Coordinator may need to conduct a Coordinator may need to conduct a Coordinator may need to conduct a Coordinator may need to conduct a Community Assistance Visit if neither has Community Assistance Visit if neither has Community Assistance Visit if neither has Community Assistance Visit if neither has been in the community recently. Ifa been in the community recently. Ifa been in the community recently. Ifa been in the community recently. Ifa community is determined at any time to community is determined at any time to community is determined at any time to community is determined at any time to be in less -then- full compliance, it will be in less -then- full compliance, it will be in less -then- full compliance, it will be in less -then- full compliance, it will retrograde to a CRS Class 10. retrograde to a CRS Class 10. retrograde to a CRS Class 10. retrograde to a CRS Class 10. (3) The community must maintain FEMA (3) The community must maintain FEMA (3) The community must maintain FEMA (3) The community must maintain FEMA Elevation Certificates on all new Elevation Certificates on all new Elevation Certificates on all new Elevation Certificates on all new buildings an substantial improvements buildings an substantial improvements buildings an substantial improvements buildings an substantial improvements constructed in the Special Flood constructed in the Special Flood constructed in the Special Flood constructed in the Special Flood Hazard Area (SHFA after the Hazard Area (SHFA after the Hazard Area (SHFA afterthe Hazard Area (SHFA afterthe community applies for CRS credit. This community applies for CRS credit. This community applies for CRS credit. This community applies for CRS credit. This is explained in Activity 310 (Elevation is explained in Activity 310 (Elevation is explained in Activity 310 (Elevation is explained in Activity 310 (Elevation Certificates). Certificates). Certificates). Certificates). (4) If there are one or more repetitive 1 (4) If there are one or more repetitive 1 (4) If there are one or more repetitive 1 (4) If there are one or more repetitive Page 1 of 16 Class Class 6 Class 4 Class 1 loss properties in the community, the loss properties in the community, the loss properties in the community, the loss properties in the community, the community must take certain actions community must take certain actions community must take certain actions community must take certain actions as specified in Sections 501-504. as specified in Sections 501-504. as specified in Sections 501-504. as specified in Sections 501-504. These include reviewing and These include reviewing and These include reviewing and These include reviewing and updating the list of repetitive loss updating the list of repetitive loss updating the list of repetitive loss updating the list of repetitive loss properties, mapping repetitive loss properties, mapping repetitive loss properties, mapping repetitive loss properties, mapping repetitive loss areas, areas, areas, areas, describing the causes of the losses, and describing the causes of the losses, and describing the causes of the losses, and describing the causes of the losses, and sending an outreach project to those sending an outreach project to those sending an outreach project to those sending an outreach project to those areas each year. A community with 10 areas each year. A community with 10 areas each year. A community with 10 areas each year. A community with 10 or more repetitive loss properties (a or more repetitive loss properties (a or more repetitive loss properties (a or more repetitive loss properties (a "Category C" "Category C" "Category C" "Category C" _community) must also prepare a plan for _community) must also prepare a plan for _community) must also prepare a plan for _community) must also prepare a plan for addressing its repetitive flood problem. addressing its repetitive flood problem. addressing its repetitive flood problem. addressing its repetitive flood problem. (5) The community must maintain all flood (5) The community must maintain all flood (5) The community must maintain all flood (5) The community must maintain all flood insurance policies insurance policies insurance policies insurance policies carry on properties owned by the carry on properties owned by the carry on properties owned by the carry on properties owned by the community. The community (CEO) community. The community (CEO) community. The community (CEO) community. The community (CEO) signs the verification visit cover sheet, signs the verification visit cover sheet, signs the verification visit cover sheet, signs the verification visit cover sheet, which includes a statement that the signer which includes a statement that the signer which includes a statement that the signer which includes a statement that the signer certifies that the community has all the certifies that the community has all the certifies that the community has all the certifies that the community has all the flood insurance policies that it has been flood insurance policies that it has been flood insurance policies that it has been flood insurance policies that it has been required to maintain on properties required to maintain on properties required to maintain on properties required to maintain on properties owned by the community. As part of the owned by the community. As part of the owned by the community. As part of the owned by the community. As part of the verification documentation, the verification documentation, the verification documentation, the verification documentation, the community's chief executive officer must community's chief executive officer must community's chief executive officer must community's chief executive officer must certify that the community has all the flood certify that the community has all the flood certify that the community has all the flood certify that the community has all the flood insurance policies it has been required to insurance policies it has been required to insurance policies it has been required to insurance policies it has been required to have. The CRS is not concerned with past have. The CRS is not concerned with past have. The CRS is not concerned with past have. The CRS is not concerned with past lapses in flood insurance coverage. Flood lapses in flood insurance coverage. Flood lapses in flood insurance coverage. Flood lapses in flood insurance coverage. Flood insurance must be in effect at the time of insurance must be in effect at the time of insurance must be in effect at the time of insurance must be in effect at the time of the verification visit and must be kept in the verification visit and must be kept in the verification visit and must be kept in the verification visit and must be kept in the future. The CRS Coordinator should the future. The CRS Coordinator should the future. The CRS Coordinator should the future. The CRS Coordinator should make every effort to determine the make every effort to determine the make every effort to determine the make every effort to determine the community's legal requirementto purchase community's legal requirementto purchase community's legal requirement to purchase community's legal requirementto purchase flood insurance. flood insurance. flood insurance. flood insurance. Page 2 of 16 Class 9 Class 6 Class 4 Class 1 Congress has taken steps to encourage Congress has taken steps to encourage Congress has taken steps to encourage Congress has taken steps to encourage public agencies and private property public agencies and private property public agencies and private property public agencies and private property owners to purchase flood insurance owners to purchase flood insurance owners to purchase flood insurance owners to purchase flood insurance instead of relying exclusively on disaster instead of relying exclusively on disaster instead of relying exclusively on disaster instead of relying exclusively on disaster assistance for help after a flood. assistance for help after a flood. assistance for help after a flood. assistance for help after a flood. Therefore, disaster assistance for a Therefore, disaster assistance for a Therefore, disaster assistance for a Therefore, disaster assistance for a community- owned building will be community- owned building will be community- owned building will be community- owned building will be reduced by the amount of NFIP flood reduced by the amount of NFIP flood reduced by the amount of NFIP flood reduced by the amount of NFIP flood insurance coverage (structure and insurance coverage (structure and insurance coverage (structure and insurance coverage (structure and contents) the community should be contents) the communityshould be contents) the community should be contents) the community should be carrying on the building- regardless of carrying on the building- regardless of carrying on the building- regardless of carrying on the building- regardless of whetherthe community is actually whetherthe community is actually whetherthe community is actually whether the community is actually carrying a policy. carrying a policy. carrying a policy. carrying a polity. In effect, disaster assistance for a public In effect, disaster assistance for a public In effect, disaster assistance for a public In effect, disaster assistance for a public agency has a very large deductible equal to agency has a very large deductible equal to agency has a very large deductible equal to agency has a very large deductible equal to the flood insurance policy the agency should the flood insurance policy the agency should the flood insurance policy the agency should the flood insurance policy the agency should carry. The law expects public agencies to be carry. The law expects public agencies to be carry. The law expects public agencies to be carry. The law expects public agencies to be appropriately insured as a condition of appropriately insured as a condition of appropriately insured as a condition of appropriately insured as a condition of receiving federal disaster assistance. receiving federal disaster assistance. receiving federal disaster assistance. receiving federal disaster assistance. There have also been recent cases in which There have also been recent cases in which There have also been recent cases in which There have also been recent cases in which communities were underinsured. Some communitieswere underinsured. Some communitieswere underinsured. Some communities were underinsured. Some communities have purchased only the communities have purchased only the communities have purchased only the communities have purchased only the required amount of coverage (e.g., coverage required amount of coverage (e.g., coverage required amount of coverage (e.g., coverage required amount of coverage (e.g., coverage equal to the amount of a previousfederal equal to the amount of a previousfederal equal to the amount of a previousfederal equal to the amount of a previousfederal grant). The disaster assistance rule requires grant). The disaster assistance rule requires grant). The disaster assistance rule requires grant). The disaster assistance rule requires that a flood -damaged community fund all that a flood -damaged community fund all that a flood -damaged community fund all that a flood -damaged community fund all repairs up to the amount of flood insurance repairs up to the amount of flood insurance repairs up to the amount of flood insurance repairs up to the amount of flood insurance that It could have purchased. that it could have purchased. that it could have purchased. that it could have purchased. Whether there was a requirement to Whether there was a requirement to Whether there was a requirement to Whether there was a requirement to purchase and maintain flood insurance as a purchase and maintain flood insurance as a purchase and maintain flood insurance as a purchase and maintain flood insurance as a condition of a previous federal grant or not, condition of a previous federal grant or not, condition of a previous federal grant or not, condition of a previous federal grant or not, the community's risk manager or other the community's risk manager or other the community's risk manager or other the community's risk manager or other appropriate official should ensure that all appropriate official should ensure that all appropriate official should ensure that all appropriate official should ensure that all community -owned buildings exposed to community -owned buildings exposed to community -owned buildings exposed to community -owned buildings exposed to flooding are insured for flood damage. Some flooding are insured for flood damage. Some flooding are insured for flood damage. Some flooding are insured for flood damage. Some communities have found out too late that communities have found out too late that communities have found out too late that communities have found out too late that their all-risk insurance policies did not cover I their all-risk insurance policies did not cover their all-risk insurance policies did not cover their all-risk insurance policies did not cover Page 3of16 Class 9 `, Class 6 Class 4 Class 1 flooding. floodin . flooding. flooding. (6) Ifa coastal community receives a (6) Ifa coastal community receives a (6) Ifa coastal community receives a (6) Ifa coastal community receives a draft Flood Insurance Rate Map draft Flood Insurance Rate Map draft Flood Insurance Rate Map draft Flood Insurance Rate Map (FIRM) that delineates the Limit of (FIRM) that delineates the Limit of (FIRM) that delineates the Limit of (FIRM) that delineates the Limit of Moderate Wave Action (LiMWA), the Moderate Wave Action (LiMWA), the Moderate Wave Action (Li MWA), the Moderate Wave Action (LiMWA), the community must agree to show the community must agree to show the community must agree to show the community must agree to show the UMWA onits final published FIRM. LiMWA onits final published FIRM. UMWA onits final published FIRM. LiMWA onits final published FIRM. Although showing a UMWA on a Although showing a LiMWA on a Although showing a UMWA on a Although showing a LiMWA on a FIRM is voluntary for non-CRS FIRM is voluntary for non-CRS FIRM is voluntary for non-CRS FIRM is voluntary for non-CRS communities, it is a prerequisite for communities, it is a prerequisite for communities, it is a prerequisite for communities, it is a prerequisite for CRS participation. The LiMWA CRS participation. The LiMWA CRS participation. The LiMWA CRS participation. The LiMWA delineationis for informational delineationis for informational delineationis for informational delineationis for informational purposes only. There is no CRS purposes only. There is no CRS purposes only. There is no CRS purposes only. There is no CRS requirementto regulate the area requirementto regulate the area requirement to regulate the area requirement to regulate the area differently, but the series of differently, but the series of differently, but the series of differently, but the series of InternationalCodes has special InternationalCodes has special InternationalCodes has special InternationalCodes has special construction requirements in areas construction requirements in areas construction requirements in areas construction requirements in areas subject to breaking waves of 1.5 feet subject to breaking waves of 1.5 feet subject to breaking waves of 1.5 feet subject to breaking waves of 1.5 feet or higher. Communities are or higher. Communities are or higher. Communities are or higher. Communities are encouraged to meet the criteria for encouraged to meet the criteria for encouraged to meet the criteria for encouraged to meet the criteria for coastal A Zone credit (CAZ) in coastal A Zone credit (CAZ) in coastal A Zone credit (CAZ) in coastal A Zone credit (CAZ) in Activity 430 (Higher Regulatory Activity 430 (Higher Regulatory Activity 430 (Higher Regulatory Activity 430 (Higher Regulatory Standards). Standards). Standards). Standards). (7) The community must have received and (7) The community must have received and (7) The community must have received and continue to maintain a classification of continue to maintain a classification of continue to maintain a classification of 5/5 or better under the Building Code 5/5 or better under the Building Code 5/5 or better under the Building Code Effectiveness Grading Schedule Effectiveness Grading Schedule Effectiveness Grading Schedule (BCEGS). Both BCEGS classifications (BCEGS). Both BCEGS classifications (BCEGS). Both BCEGS classifications (residential/ personal and commercial) (residential/ personal and commercial) (residential/ personal and commercial) must be a class 5 or meet the BCEGS must be a class 5 or meet the BCEGS must be a class 5 or meet the BCEGS prerequisite in order to achieve or prerequisite in order to achieve or prerequisite in order to achieve or remain a CRS Class 6 or better. remain a CRS Class 6 or better, remain a CRS Class 6 or better. Page 4 of 16 Class Class 6 Class 4 Class 1 The BCEGS program measures The BCEGS program measures The BCEGS program measures a community's building code a community's building code a community's building code adoption and enforcement as adoption and enforcement as adoption and enforcement as they relate to natural hazards they relate to natural hazards they relate to natural hazards mitigation. More information on mitigation. More information on mitigation. More information on the program can be found at the program can be found at the program can be found at www.isomitigation.com/bcegs/00 www.isomitigation.com/bcegs/00 www.isomitigation.com/bcegs/00 00/bcegs0001. Credit is also 00/bcegs0001. Credit is also 00/bcegs0001. Credit is also provided for BCEGS provided for BCEGS provided for BCEGS classifications of 5/5 or better classifications of 5/5 or better classifications of 5/5 or better under the building code credit under the building code credit under the building code credit (BC) in Section 432.h. (BC) in Section 432.h. (BC) in Section 432.h. In accordance with Section 113.d, In accordance with Section 113.d, In accordance with Section 113.d, communities may propose communities may propose communities may propose alternative approaches to meet the alternative approaches to meet the alternative approaches to meet the objectives of a prerequisite. For objectives of a prerequisite. For objectives of a prerequisite. For example, communities that are example, communities that are example, communities that are prohibited by state law from prohibited by state law from prohibited by state law from adopting and enforcing building adopting and enforcing building adopting and enforcing building codes may submit comprehensive codes may submit comprehensive codes may submit comprehensive building construction regulations building construction regulations building construction regulations and administration and inspection and administration and inspection and administration and inspection procedures for review to determine procedures for review to determine procedures for review to determine the equivalent BCEGS the equivalent BCEGS the equivalent BCEGS classification. Such regulations must classification. Such regulations must classification. Such regulations must be enforced throughout the be enforced throughout the be enforced throughout the community, not just in the community, not just in the community, not just in the floodplain. floodplain. floodplain. A Class 4 or better community A Class 4 or better community must demonstrate that it has must demonstrate that it has programs that minimize flood programs that minimize flood losses, minimize increases in losses, minimize increases in future flooding, protect natural future flooding, protect natural Page 5 of 16 Class laClass 4 Class 1 floodplain functions, and protect floodplain functions, and protect people from the dangers of people from the dangers of flooding. Even though it may have flooding. Even though it may have enough points, a community that enough points, a community that cleared most of the buildings from cleared most of the buildings from its floodplain with disaster its floodplain with disaster assistance funds after a flood assistance funds after a flood cannot be a Class 4 or better if it cannot be a Class 4 or better if it does not have an effective does not have an effective regulatory program to prevent a regulatory program to prevent a recurrence of the problem. recurrence of the problem. In order to be a Class 4 or better, a In order to be a Class 4 or better, a community must demonstrate that community must demonstrate that it has enough points to warrant it has enough points to warrant the class AND meet the following the class AND meet the following prerequisites. prerequisites. (8) The community must have received and (8) The community must have received and continue to maintain a classification of 4/4 or continue to maintain a classification of 4/4 or better under the BCEGS. better under the BCEGS. (9) The community must (9) The community must demonstrate that it has demonstrate that it has taken appropriate steps to taken appropriate steps to eliminate or minimize future eliminate or minimize future flood losses. To do this, a flood losses. To do this, a Class 4 or better community Class 4 or better community must receive credit for the must receive credit for the following CRS activities. following CRS activities. (a) Activity 430 (Higher Regulatory (a) Activity 430 (Higher Regulatory Standards) -The community must Standards) -The community must show that it enforces higher show that it enforces higher regulatory standards to manage regulatory standards to manage new development in the floodplain. new development in the floodplain. (1) The community must adopt and (i) The community must adopt and enforce a freeboard enforce a freeboard Page 6 of 16 Class Class Class 4 Class i requirement that receives at requirement that receives at least 100 points for FRB in least 100 points for FRB in Section 432.b. For this Section 432.b. For this prerequisite, the value for FRB prerequisite, the value for FRB is the value before factoring in is the value before factoring in the impact adjustment. the impact adjustment. (ii) The community must receive at (ii) The community must receive at least 700 points under the least 700 points under the other elements of Activity 430 other elements of Activity 430 and under Sections 422.a, e, and under Sections 422.a, e, and f under Activity 420 (Open and f under Activity 420 (Open Space Preservation). For this Space Preservation). For this prerequisite, the points are prerequisite, the points are calculated after factoring in the calculated after factoring in the impact adjustment. impact adjustment. (b) Activity 450 (Stormwater (b) Activity 450 (Stormwater Management) -The Management) -The community must receive community must receive the following credits for the following credits for its watershed its watershed management plan(s) management plan(s) (WMP) under Section (WMP) under Section 451. b: 451. b: (i) 90 points (before the impact (i) 90 points (before the impact adjustment) for meeting all of the adjustment) for meeting all of the credit criteria for credit criteria for WMP, WMP, (ii) 30 points (before the (ii) 30 points (before the impact adjustment) for impact adjustment) for managing the runoff managing the runoff from all storms up to from all storms up to and including the 100- and including the 100- year event, and year event, and (iii) An impact adjustment value (iii) An impact adjustment value iClass I 'Class 4 Class i of rWMP = 0.5 or more. As of rWMP = 0.5 or more. As an alternative, the community an alternative, the community may show that at least 50% may show that at least 50% of the watershed area where of the watershed area where future growth is expected is future growth is expected is covered by one or more covered by one or more credited watershed credited watershed management plans. management plans. (c) Activity 510 (Floodplain (c) Activity 510 (Floodplain Management Planning) -The Management Planning) -The community must have adopted community must have adopted and be implementing a floodplain and be implementing a floodplain management plan that receives management plan that receives at least at least 50% of the maximum credit 50% of the maximum credit under Activity 510, under Activity 510, calculated after the impact calculated after the impact adjustment. This 50% of the adjustment. This 50% of the maximum credit must maximum credit must include at least 50% of the include at least 50% of the available points in each of available points in each of planning steps 2, 5, and 8. planning steps 2, 5, and 8. (10) Obtain a minimum total credit of 100 (10) Obtain a minimum total credit of 100 points (after the impact adjustment) points (after the impact adjustment) from one or a combination of the from one or a combination of the following elements that credit following elements that credit protecting natural floodplain functions: protecting natural Floodplain functions: 420 Natural Functions Open Space (NFOS) 420 Natural Functions Open Space (NFOS) 420 Natural Shoreline Protection (NSP) 420 Natural Shoreline Protection (NSP) 430-Prohibition of fill (DL1) 430-Prohibition of fill (DLi) 440-Additional map data (AMD12) natural 440-Additional map data (AMD12) natural functions layer functions layer 450 — Managing the volume of stormwater runoff 450 — Managing the volume of stormwater runoff Page 8 of 16 Class Class 6 Class 4 Class 1 (SMR,DS (SMR,DS 450 -0 Low impact development (LID) 450 -0 Low impact development (LID) 450 Watershed management plan (WMP) credit 450 Watershed management plan (WMP) credit point items 3,5,6, and 7 point items 3,5,6, and 7 450— Erosion and sediment control (ESC) 450— Erosion and sediment control (ESC) 450— Water quality (WQ) 450— Water quality (WQ) 510— Natural Floodplain functions plan (NFP) 510 — Natural Floodplain functions plan (NFP) (11) Document the following life safety (11) Document the following life safety measures: measures: (a) Obtain some credit under Activity 610 (a) Obtain some credit under Activity 610 (Flood Warning and Response). (Flood Warning and Response). (b) Have a map of all levees and all (b) Have a map of all levees and all areas protected by levees, and an areas protected by levees, and an inventory of the buildings and inventory of the buildings and critical facilities that would be critical facilities that would be flooded if the levees were flooded if the levees were overtopped. This is the same as overtopped. This is the same as activity credit criterion (3) under activity credit criterion (3) under Activity 620 (Levees), Section Activity 620 (Levees), Section 621. b. 621. b. (c) Have a description of the dam (c) Have a description of the dam failure threat, including a map of failure threat, including a map of all areas that would be flooded by all areas that would be flooded by the failure of each high -hazard- the failure of each high -hazard - potential dam that affects the potential dam that affects the community, and an inventory of community, and an inventory of the buildings and critical facilities the buildings and critical facilities that would be flooded. This is the that would be flooded. This is the same as activity credit criteria (2) same as activity credit criteria (2) under Activity 630 (Dams), Section under Activity 630 (Dams), Section 631. b. 631. b. In accordance with Section 113.d, the In accordance with Section 113.d, the community may propose alternative I community may propose alternative Page 9 of 16 Class Class 6 Class 4', Class 1 approaches to these prerequisites that are approaches to these prerequisites that are more appropriate for local conditions. more appropriate for local conditions. (12) Meet the minimum standards of the NFIP as determined by a Community Assistance Visit conducted by FEMA within the previous 12 months. (13) Promote flood insurance as a vital way to protect residents and businesses from the financial impact of a flood. This is demonstrated by having at least 50% of the buildings in the community's SFHA covered by a flood insurance policy or obtaining at least 50% of the maximum points under Activity 370 (Flood Insurance Promotion). (14) Demonstrate that it has a "no adverse impact" approach to floodplain management. A no adverse impact approach is one in which the action of one property owner or community does not adversely affect the flood risks for other properties or communities. "Adverse impact" is measured by increased flood stages, increased flood velocity, increased flows, or the increased potential for erosion and sedimentation. The "no adverse impact" concept is explained in more detail in papers published by the Association of State Floodplain Managers, which can be accessed at www.floods.org. This prerequisite is Page 10 of 16 Class Class 0 Gass 1 demonstrated by receiving credit under the following: (a) For all of the floodplains in the community: (i) The community must be enforcing regulations that discourage development in the floodplain. This is demonstrated by receiving a combined total of at least 150 points under open space incentives (OSI) in Section 422.e and development limitations (DQ in Section 432.a. (ii) All new critical facilities must be protected to the 500-year flood level. This is demonstrated by receiving credit under protecting critical facilities (PCF) in Section 432.f in Activity 430 (Higher Regulatory Standards) and by enforcing the regulations throughout the 500-year floodplain. NO The community must have mapped and be enforcing regulations appropriate for all flood -related hazards within its jurisdiction. This is demonstrated by Page 11 of 16 Class I Class Class 1 receiving credit under Activities 410 and 430 for all special flood -related hazards that are identified in the community's floodplain management or hazard mitigation plan credited under Activity 510 (Floodplain Management Planning). (b) In the community's riverine floodplains: (i) Regulatory flood elevations must be provided for all SFHAs in the community. This is demonstrated by receiving at least 80 points for new studies (NS) in all approximate A Zones under Section 412.a in Activity 410 (Additional Flood Data). For this prerequisite, the value for NS is the value before factoring in the impact adjustment. (ii) The community's program must address potential increases in riverine flood elevations caused by new development. This is demonstrated by receiving the following credits: ((I)) Activity 450 (Stormwater Management) -an impact adjustment Page 12 of 1 Class 9 Class ClassClass i value of rWMP = 0.75 or more. As an alternative, the community may show that at least 75% of the watershed area where future growth is expected is covered by one or more credited watershed management plans; AND ((2)) All riverine floodplains must be mapped using future conditions hydrology as credited under the higher study standard credit (HSS) in Section 412.d. (c) In the community's coastal floodplains: (i) The community must receive credit for regulating new development in coastal A Zones under CAZ in Section 432.k. (ii) The community must receive credit for using regulatory flood elevations in the V Zones and coastal A Zones Page 13 of 1 Class 9 Class 6 Class Class 1 that reflect future conditions, including sea level rise. This is demonstrated by receiving credit for future -conditions hydrology under the higher study standard credit (HSS) in Section 412.d. (iii) The community must receive credit for regulating new development in areas subject to erosion under CER in Section 432CE.a in CRS Credit for Management of Coastal Erosion Hazards (or demonstrate that it does not have a coastal erosion problem). (15) Have a commitment to mitigate its repetitive loss problem as well as problems caused by other natural hazards. (a) Section 501 (Repetitive Loss List): The community must demonstrate that at least 25% of the properties on its current FEMA repetitive loss list have been protected from damage from repetitive flooding through acquisition, retrofitting, or structural flood control projects. (b) Activity 510 (Floodplain Management Planning): The Page 14 of 1 l Class Class Class 1 community must have a multi - hazard mitigation plan that has been approved by FEMA as meeting all of the requirements outlined under 44 CFR 5201.6. (16) Protect natural floodplain functions. This is demonstrated by having a total credit of at least 50 points (after the impact adjustment) from one or a combination of the elements listed under the Class 4 prerequisite in Section 211.c(4). (7) Have a program to address the threat to life safety that flooding poses to the residents of the community. This is demonstrated by receiving the following credits: (a) The community must obtain some credit under all the elements in Activity 620 (Levees) for all levees mapped and identified in the inventory prepared for the Class 4 prerequisite in Section 211.c(5)(b). (b) The community must obtain some credit under all the local elements in Activity 630 (Dams) for all areas mapped and identified as subject to dam failure flooding in the inventory prepared for the Class 4 Page 15 of 1 prerequisite in Section 211.c(5)(c). The credit for the state's program(SDS) is not counted toward this prerequisite. In accordance with Section 113.d, the community may propose alternative approaches to these prerequisites that are more appropriate for local conditions. Page 16 of 16