03. 2nd Amendment 10/19/2016AMY REAVILIN, CPA
CLERK Of CIRCUIT COURT &COMPTROLLER
MoxnoE couxn, FLORIDA
DATE: November 21, 2016
TO: Roman Gastesi
County Administrator
ATTN.• Christine Hurley
Assistant County Administrator
FROM. • Cheryl Robertson Executive Aide to the Clerk of Court & Comptroller
At the October 19, 2016 Board of County Commissioner's meeting the Board granted approval and
authorized execution of Item L4 Approval of 3rd amendment to contract with Lori Lehr in the amount of
$412,500, with $296,250 in FY17 and $116,250 in FY18 to accomplish activities that are needed for
FY17 and FY18 CRS recertification and presentation of status of Monroe County Federal Emergency
Management Agency (FEMA) Community Rating System (CRS) application, and two year plan to
improve CRS rating, which is expected to save National Flood Insurance Program policy holders
$4,608,340 beginning in FY17 and $5,394,770 annually beginning in FY18.
Enclosed is a duplicate original of the above -mentioned for your handling. Should you have any questions,
please feel free to contact my office.
County Attorney
Finance
File ./
500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305-295-3130 Fax: 305-295-3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305-289-6027 Fax: 305-289-6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852-7145 Fax: 305-852-7146
MONROE COUNTY CONTRACTO
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 Lod Lehr
(*CONTRACTORO), whose address Is 3441 Pittman Road, Dover, Florida 33527
(collectively,
WWI
agree as follows,
agreement
IF
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
Ste. -1 . -Lobbyingl .
(a) No,former county offlcer or eniployee shall, viithin Avoyearsfolimving weation of offlee, or
termination qj'emplq)mera, lobhy on behaffqfwy otherpersoff or business en(ItY in anyforTnal or
informal appearance before, or with the intent to influence, make any oral or written communication on
beha�fqfother person or bivrinem entity, to:
(1) An ' v board, commimion. audwrivy. or adviTary bo4v ofthe courmy; or
(2) A ap department, dh4slon, Vecial district or bureau of the cojenly, In connection ulth cla7-em or
fisture procurement qj*goods andlar senkes.
(b) This section shall not apply in the case pfcollective bargaining or so ogicers or emp*ees in the
V --Wktri -1� -Ail
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requested.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
2. Continuation of this Agreement Is contingent upon annual appropriation by Monra-ft
County Board of County Commissioners.
3. The Contractor will submit such Invoice monthly for services provided during the
preceding month.
r'
4. There are no reimbursable
County5. After the Clerk of the Board examines and approves the request for payment, the
by
At all times and for all purposes, the Contractor, its agents and employees are considered
to be Independent 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
compensabon insurance, any benefits as desired, and shall be responsible for all tax
Section 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:
I . 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
the Contractor and recognizes that no County benefits are available.
F. Contractorshall reportisthe Building Official, the Growth
Division Director and the Permit Administrator as necessary. The Building Offictal
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.
f. Employee of Contractor or Contractor shall comply with the Work Policies and
Regulations of County.
is ! � ■ t: # .,,,.4 :. ' 4 �. ■. - l,:
County provides the with written notice of sold efault
1. Failure to providedescribed . contract
2. Failure e to comply y with local,state, federalrulesor regulations pertaining to
this contracL
3. Breach of any other term, condition, or requirement of this agreement.
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
. t 1. • _ _ 4MAI
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(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, I
E.
be provided to the public agency In a format that Is compatible with the Information
technology systems of the public agency.
Section[his 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 pmceeding Is Instituted for the
Monroe County, Florida.
If any term, covenant, condition or provision of this Agreement (or the application thereof
terms, covenantsconditions 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
d provision that comes: close possible to the Intentof stricken provision.
Section ATTORNEYS FEES AND COSTS
SectionThe COUNTY and CONTRACTOR agree that In the event any cause of action or
or interpretation of this Agreement, the prevailing party shall be entitled to reasonable
attorneys fees, and court costs, as an award against the non -prevailing party.
BINDING u
successors,of tVj Acreement shall bind and inure to
4assigns.
Section
k_J
IF
Kell
gift, rconsideration.
Section 19. NON -WAIVER OF IMMUNITY
Notwithstanding provisions A - 768.28. FloridaStatutes, theparticipation 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 coverage, nor shall any Agreement entered into by the COUNTY be required to
contain provision for
OBLIGATIONSSection 20. PRIVILEGES AND IMMUNITIES
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 E 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, 4,
case law.
SectionNON-RELIANCE BY NON-PARTIES
.: Agreement
liable personallybesubjecttoanypersonal liabilityor accou
byreasonofthe executionof this Agreement
Certificateof Insurance
or
change,
.. .. .. coverage unless
s ...
uction
inimum of thirty (30) days prior
notification Is given to the County by the insurer.
relieving the Contractor from any liability or obligation assumed under this contract or
Imposed by law.
PILM11111 WIN:,
11 WNW
v,
a Board
tractor
I with
to
his/her employees, contractors, servants or agents to be employees of the Board
ye
County Cornmissioners for Monroe County. As an Independent contractor
CONTRACTOR shall provide independent, professional judgment and comply with
o
federal, state, and local statutes, ordinances, rules and regulations applicable to
services to is provided.
Section 27. SERVICES.
When the ractoes services are needed
n the
the CONTRACTOR
have a
p Y 1 County, FI
work spot in
Section
T TIME. yq
requiredCONTRACTOR veil spend 50% of
he total hours of the contract onsite.
Section 29. NOTICES.
Any notice ithis agreement shall be In writing and hand
mail,delivered or mailed, postage prepaid, to the other party by cartifled returned receipt
requested to the following:
Monroe County
Administrator
l .■. ,�
.. SI1:..
Lori Lahr
3441 Road
Dover, of
x
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IN WITAESS-NAEREOF,-be pardes nersto nave causec Imnese prmusan
on the _ day of 20 -------
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RIX m. .1.4-110- Mm
WrrNESS
Print Name:
g "M 01,11. N-1 L
OF MONROE COUNTY, FLORIDA
B
mayor/cmirx=
By' A BA&e AA�1—
Lofi Lehr
Title: Contmctor
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STATE oF. Ro A 1-0 4
COUNW OF M 0 V RO t�
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the purpose. therein containe&
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WO MAYRA TRAMOS
Notay 1, Notary Public - StAto of F
Coff"111111" 0 FF "3418
4MM, Expitgel May 19 2020
Bonded thfough itatfonal Notar,
My C
AIRA Z-A IJO y 'Aus in.
Nanie
My commission expires: Seal
k
diep 1. Establish committee (complete)
Stop 2. Assess needs
:#' 3. Formulate
Step 4. Identffy outreach projects
Stop S. Other Y
Stop & Prepare the document
:i 7. ImplementY evailuate
...... i 4. rx
Project ,,.
R.: Modification
s. 2017
. .. .
to CRS
Stop 1. Review EC (required for Modifications)
Step 2. Prepare and Submit Documentation
Stop 3. Follow-up Vlsk with ISO
Project ::
Stop 1. Review ECs February 2017 to October 2017
Step 2. Prepare Annual Report an the Local Mitigation Strategy
Stop 3. Called and prepare documentation all CRS Activity to
submit October
Step 1. Ongoing Consulting Ploodplain Management
Step 2. Prepare EC and supporting documentation for CAV
Stop 3. Attend CAV Meeting in Key Largo and Marathon
Step 4. Prepare and send follow-up documentation
to FEMA Region IV
114m I.r :
Project #6
:.. 2}S # to .#.
Step 0. Management of G IS mapping for analysis
Step Propertynotdication
Step 2. Coordintation with other agencies (Lori Lehr, Inc.)
Step 3. Data collection and site visits (Lori Lehr, Inc.)
Stop 4. Mitigation review (Lori Lehr, Inc.)
Stop 5. Analysis# #.(Lori
f 000
$12.000
i 000
120
1$18,000
4 000
000
Hours
Rote
cost
000
000
MR
Hours
Rate
Cost
40
1
Stop B. FollowCommission
-- IGM
Me Me
Hours Rate Cost
i 16 to 3/112018
ManagementProject of Stormandert I r CBS Credit
project
i it
ManagementPtAbse Drainage MaintenancePlanning
CoordinateStop 1. Iew required mapping
Stop 2. Review SON for compliance withI$12.000
ReviewStep 3. sweet In Ikeeping
In compliance with CBS requirementsr
"act #8
Hours Rate t
AnnualCBS 1011/2017
tep 1 . Review ECs February 2017 to October
i
AnnualStep 2- Prepare
i
CollectStep 3.
Total for E!EW20
120
Total for Projects „ 3, 4, r
Total for Project 5 (lump sum FILAR)
$130,500
I 2017 Project and 1/2 Ongoing 2018 Projects
$298250
i$116.250
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ETHICS CLAUSE
;.......r .' COUNTY, FLORIDA
(Company)
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n w. .�:,,... Iti 'Mi, . ♦ ?I::'*' # .. :w '. i , , , ' i i i
Date:
COUNTY OF:STATE OF:
s i.
known to me or has produced r 6
NOTARY PUBLIC
.
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The undersigned vendor in accordance with Florida Statutes Section 287.087 herell
ce-AnTies that
COUNTY OR 1-1
Subscribed and swam to (or affirmed) before me ona-,:$/—
r
has produced 8:L)�JD.#r, (type ofidentification) � Identification.
NOTARY ■ .
IC 4oWrjFJ*�%*ofFWW
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My Commission Expires,
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I have read the above and state that neither Lad r "
t any AffiliateI t rift within
(Signr
t
STATE OF- OX-PVA
COUNTY OF:
In
Subscribed and aware to (or affirmed) before me
(date)- Is personally
to me or has produced . P r
NOTARYklent ton) as Identification.
PUBLIC
My Commission Expires:
16
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INSURANCE REQUIREMENTS
t
BETWEEN
MONROE COUNTY,FLORIDA
N
In addition,ltiecontractor 51 41i.:.r: J- F v • r
tit
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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-insurerthe
County : _r il recognize and honor the Contractor's
Contractor'sContractor may be required to submit a Letter of Authorization Issued by the Oepartmeffi-
of Labor and a Certificate of Insurance, providing details on the
Insurance
.,_ Program.
�r
County.If the Contractor participates in a self-insurance fund, a Certificate of Insurance will ba
required. In addition, the Contractor may be required to submit updated financial'�
statements from the fund upon request from the
17
GENERAL LIABIUTY
INSURANCE REQUIREMENTS
FOR
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior
.7 to commencement of workgoverned by contracL theContractor obtain
contractGeneral Liability Insurance. Coverage shall be maintained throughout the life of the
I:Include,
• Premises Opta
• Products and Completed Operations
• Blanket ContractualLiability • nal Injury Liability
11 M Isui,!
• Professional Liability
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1$
-_ A-i
E - s
There will be times when it will be necessary, or In the beat Interest of the County, to
deviate from the standard insurance requirements specified within this manual.
Recognizing this potential and acting an the advioe of the County Attorney, the Board of
County Commissioners has granted authorization to Risk Management to waive and
modify various Insurance provisions.
e The Indemnification and Hold Harmless provisions
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
County Attorney whowill submit
_ Waiver _ other contract
1 _ documents i
executionbythe Clarkof f xs.
decision -making authority.
E
Request For Waiver
of
Insurance Requirements
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:
gji
Approved Not Approved
Meeting Date:
BIDDER SIGNATURE
9.01
:FIGURES ARE _ EXAMPLE * TAILOR■ FIT THE INDIVIDUAL
TITUATION]
Worker's Compensation $-AD%9D-Q_ Bodily Injury by Acc.
$ 100,000 Bodily In]. by Disease, each ernp.
Liability,
Professional
r i Liability 0i`E y� i0 per Occurrence Aggregate
insured an :1and vehicle Ilabilfty policies.
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