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Item L4BOARD OF COUNTY COMMISSIONERS County of Monroe A Mayor Heather Carruthers, District 3 ( T$ne Florida Keys (, Mayor Pro Tem George Neugent, District 2 t� ) ��` �� �' Danny L. Kolhage, District 1 David Rice, District 4 Sylvia J. Murphy, District 5 County Commission Meeting October 19, 2016 Agenda Item Number: L.4 Agenda Item Summary #2101 BULK ITEM: No DEPARTMENT: Assistant County Administrator Christine Hurley TIME APPROXIMATE: STAFF CONTACT: Christine Hurley (305) 292-4441 N/A AGENDA ITEM WORDING: 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. ITEM BACKGROUND: See Attached Memorandum. Monroe County has achieved a Class 6 in the National Flood Insurance Program for FY16-17 approximately 16,000 policy holders within unincorporated Monroe County, with an average savings of $235 per policy annually, or $3,696,403 annually. We are seeking approval of a contract with consultant Lori Lehr for her assistance in completing additional program development and implementation over the next two FYs. Her tasks include: • Finalizing a Program for Public Information (PPI) to coordinate public outreach • Modification of the County's CRS application • Recertification for FY17 • Floodplain Community Assistance Visit (audit) • Repetitive Loss Area Analysis • Stormwater Master Plan for CRS • Drainage Maintenance Planning • Recertification for FY18 If we are successful in completing these tasks, with the assistance of the Engineering Department, we could achieve the following additional discounts: FY CRS Number of Percent Average Savings Total Classification Policies Discount per policy per Community year wide savings 2016-2017 6 16000 20% $235 $3,696,403 ACHIEVED 2017-2018 5 16000 25% $293 $4,608,340 2018-2019 4 16000 30% $360 $5,394,770 PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: 3rd Amendment for FY17 and FY18 CRS Recertification STAFF RECOMMENDATION: Approve DOCUMENTATION: Consultant Cost to achieve savings Lori Lehr Contract FINAL FINAL Memo to BOCC - CRS 17-18 objectives FINANCIAL IMPACT: Effective Date: 10/19/16 Expiration Date: Total Dollar Value of Contract: $412,500 Total Cost to County: $412,500 Current Year Portion: $296,250 (FY17) and $116,250 (FY18) Budgeted: Yes Source of Funds: Fund 180 / 52502 (Building) CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Additional Details: 10/01/16 180-52502 - BUILDING DEPARTMENT $296,250.00 FY17 (All 2017 projects and 1/2 ongoing 2018 projects) 10/01/17 180-52502 - BUILDING DEPARTMENT $116,250.00 FY18 (Balance 2018 Projects) Total: $412,500.00 REVIEWED BY: Christine Hurley Completed 10/03/2016 10:47 AM Steve Williams Completed 10/04/2016 10:43 AM Budget and Finance Completed 10/04/2016 11:18 AM Maria Slavik Completed 10/04/2016 11:21 AM Kathy Peters Completed 10/04/2016 11:24 AM Board of County Commissioners Pending 10/19/2016 9:00 AM LA.a FEMA COMMUNITY RATING SYSTEM -THREE YEAR PLAN WITH COSTS TO ACHIEVE CLASS 6, 5, AND 4 2016 GOAL: CLASS 6 - ACHIEVED 2017 GOAL: CLASS 5 - 2018 GOAL: CLASS 4 - Consultant Cost to Oct. 12016 2016 Approx. 'Consultant Cost ' 10J1/2017 2017' Approx. annual Consultant cost to 10J1/2018 2018 ApprOz, achieve savings CRS total annual annual Savings to achieve total annual savings per achieve sayings (10/1/17 total annual savings annual Savings (2015-9 /3D 1( / ) savings far per policy holder ' savings ' savings for policy holder - 9/30/18) for Monroe County policy holder per ''. Monre County 9J30/17) Monroe County in "SERA n SFHA Monroe County Submitted CRS Application, $207,975 $3,629,670 $233 April, 2016 PROGRAM FOR PUBLIC INFORMATION (PPI) ` $96,OOD $4,525;799 $290 March 2017 MODIFICATION OF MONROE COUNTY CRS $3D,000 APPLICATION DUE March 2017 REPETITIVE LOSS AREA ANALYSIS (RLAA) (Mandatory threshold item for all classes, in new FEMA manual for 2017/2020 applications, $13D50D modifications, and recertifications) March, 2018 RECERT2017R $18,OOD Community Assistance Visit, February 2017 $36,000 Class 4 pre -requisite: Watershed Master Plan $84000 $5,427,055 $348 and Drainage Maintenance Plan March, 2018* Class 4 pre -requisite: V freeboard (will be required in Florida Building Code in 2017) N/A March, 2018 RECERT2019 $18 000 Community Assistance Visit, 2020 TOTAL COSTS $207,975 $3,629,670 $233 $180,000 $4,528,799 $290 $232,500 1 $5,427,055 $348 * Engineering Department to complete both plans, oversight and CR5 credit analysis by consultant working with Engineering Packet Pg. 2400 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 1 e day of October, 2016 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 0 CONTRACTOR shall do, perform and carry out certain duties as described in the Monroe County Project Budget 2016-2018 — Exhibit A which is attached hereto and made part of this agreement. 0 J 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. Ser: 2 149. - Lobbying regutate4 (a) No,for mer county officer or employee shall, within tivo years following vacation of of jice or termination of'emp1o}7nen1, lobby on behalf of airy 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 arty other person or business entity, to: (1) Anv board, commission, authority, or advisory body of the county,- or (2) Any department, dit ision, special district or bureatt of the county, in cunnection with current or future procurement ofgoods and/or services. (b) 7 his section shall not apply in the case of collective bargaining or to off cers or employees in the emplov 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 of frce, or to an officer holding an appointment to any board, commission, or authority, on the effective date of the ordinance front which this article is derived except that if such off cer is elected or appointed for another term of uff ce, which tern commences after the effective date of the ordinance front which this article is derived, then this section shall apply. Section 2-150. -.appearance relating to procurement of goods, services: (a) Except as required by statitte, ordinance, resolution, ntle or custom for the proper discharge of official duty, no county officer or employee shall, if elected or appointed gfter the affective date of the ordinance fr orn which this article is derived, make a formal or informal appearance before, or, with the intent to influence, make any oral or written communication in connection with current or future procurement of goods mul/or services, to: (1) Anv board, commission, authority, or advisory body of the county; or (2) Any department, division, or bureatt of the county, (b) 77tis 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 fiscal years concluding on October 19, 2018, 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 temps. 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 shall pay the CONTRACTOR based on invoices submitted by Consultant to the County's Division of Growth Management, as follows: Projects 1,2,3,4,6,7 and 8 ($150 per hour projects) as hourly not to exceed 1880 hours at $282,000 annually on a fiscal year basis. In addition, project 5 which is not an hourly project paid in a lump sum $130,500. As depicted in Exhibit A. 2 No claims for reimbursement for expenses will be reimbursed. 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. J 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 3 the Contractor and recognizes that no County benefits are available. 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. Employee of Contractor or Contractor shall comply with the Work Policies and Regulations of County. Section S. 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 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. 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 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. 4 (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. 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. 5 Section 15. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and 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 VII 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 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 Vill of the Civil Rights Act of 1968 (42 USC ss. 3601 at 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. 0 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 tide 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 J 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, 7 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 specked 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 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 25. 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 8 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 contractor's services are needed in the County, the CONTRACTOR shall have a work spot in both Key Largo and Marathon. Section 28. TIME. CONTRACTOR will spend 50% of the total hours of the contract onsite. 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 1 e 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 County and 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. 0 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, FLOREDA By Mayor/Chairman By: tori Lehr Title: Contractor IN MO #ROE COUNTY A RNEY I"VfjAS T RM: t-,��,. STEV 'N T. WILLIAMS ASSISTANT � O N ATTORNEY Date - - STATE OF _ COUNTY OF On this day of 2016, before me appeared Lori Lebr, 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 purpose therein contained. Notary Public Print Name My commission expires: 11 Seal Exhibit A Monore County Project Budget 2016-2018 Project #1 Program for Public Information (PPI) Present - 3/1/2017 Step 1. Establish committee (complete) Step 2. Assess needs Step 3. Formulate messages Step 4. Identify outreach projects Step 5. Other initiatives Step 6. Prepare the document Step 7. Implement and evaluate Total for Prolect Project #2 CRS Modification 2017 to CRS Class 5 - 3/1/2017 Step 1. Review EC (required for Modifications) Step 2. Prepare and Submit Documentation Step 3. Follow-up Visit with ISO Total for Proiect Project #3 CRS Annual Recertification 2017 (Required)10/1/2017 Step 1. Review ECs February 2017 to October 2017 Step 2. Prepare Annual Report on the Local Mitigation Strategy Step 3. Collect and prepare documentation all CRS Activity to submit October Total for Prolect Project #4 Floodplain CAV February 2017 Step 1. Ongoing Consulting Floodplain Management for compliance with regulations and previous CAV requirments Step 2. Prepare EC and supporting documentation for CAV Step 3. Attend CAV Meeting in Key Largo and Marathon Step 4. Prepare and send follow-up documentation to FEMA Region IV Total for Protect Subtotal 2017 Proiects Project #5 10/1 /2016 to 311 /2018 Project Management of Repetitive Loss Area Analysis (RLAA) Requried for 2018 Class 4 Step 0. Management of GIS mapping for analysis Step 1, Property notification Step 2. Coordintation with other agencies (Lori Lehr, Inc.) Step 3. Data collection and site visits (Lori Lehr, Inc.) Step 4. Mitigation review (Lori Lehr, Inc.) Step 5. Analysis reports (Lori Lehr, Inc.) Hours Rate Cost 120 $150 $18,000 80 $150 $12,000 80 $150 $12,000 120 $150 $18,000 160 $150 $24,000 80 $150 $12,000 640 $96,000 Hours Rate Cost 40 $150 $6,000 120 $150 $18,000 40 $150 $6,000 200 $30,000 Hours Rate Cost 40 $160.00 $6,000 40 $150.00 $6,000 40 $150.00 $6,000 120 $18,000 Hours Rate Cost 120 $150.00 $18,000.00 40 $150.00 $6,000.00 40 $150.00 $6,000.00 40 $150.00 $6,000.00 240 $36,000.00 Hours Rate Cost Step 6. Follow through with Commission Total for Project 870 150 $130,500 Project #6 Hours Rate Cost 10/1 /2016 to 3/1 /2018 Project Management of Stormwater Master Plan for CRS Credit Total for Prolect 240 150 $36,000 Project #7 10/1/2017 to 3/1/2018 Project Management Drainage Maintenance Planning Step 1. Coordinate and review required mapping 80 $150 $12,000 Step 2. Review SOPs for compliance with CRS requirements 80 $150 $12.000 Step 3. Review and assist in development of record keeping In compliance with CRS requirements 160 $150 $24,000 Total for Prolect 320 $48,000 Project #8 Hours Rate Cost CRS Annual Recertification 2017 (Required)10/1/2017 Step 1. Review ECs February 2017 to October 2017 40 $150 6000 Step 2. Prepare Annual Report on the Local Mitigation Strategy 40 $150 6000 Step 3. Collect and prepare documentation all CRS Activity to sub 40 $150 6000 Total for Prolect 120 $18,000 UhIgial 2018 Projects Total for Projects 1, 2, 3, 4, 6, 7 and 8 ($150 per hour projects) 1880 $282,000 Total for Project 5 (lump sum RLAA) $130,500 2 Year Total $412,500 FY 17 (All 2017 Project and 1/2 Ongoing 2018 Projects $296,250 FY 18 (Balance 2018 Projects) $116,250 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO.010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE " Lori Lehr Inc (Company) "...warrants that hest 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: 1 __ STATE OF: COUNTY OF: _-- - Subscribed and sworn to (or affirmed) before me on 1L'g' (date) by / - (name of afftant). He/She is personally known to me or has produced 1_ , f (type _ of identification) as identification. NOTARY PUBLIC My Commission Expires: 13 CARMEuTA V. MENDOZA Notary Public, State of Flodda Commlasbnff FF 991969 My Mm. m#rea June 24, 2020 NON-COLLUSIONAFFEDAVIT I, Lori Lehr of the city of Dov r according to law on my oath, and under penalty of perjury, depose and say that 1. I am Lori Lehr of the firm of Lori Lehr Inc. the CONTRACTOR making the Proposal for the project described in the Request for Proposals for Monroe County 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 o 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: f' Subscribed and sworn to (or affirmed) before me orf Lo (date) by(name of affiant). He/She is personally known tome or has produced c_- !��C-(typeof iden ' tion) as idenf ication. £� 4 CARNEUTA V. IIAENooza NOTARY PUBLIC Notary Public, State of Flodde M Commission Expires: Commlaabnl► FF 991969 Y p - My oomm. w#res June 24, 2020 14 DRUG -FREE WO LACE 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 contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. J 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 i ments. thVbove.r_ - ign - ture) Date: STATE OF:�R-q leIDA COUNTY OF: P 0(,4 60_ Subscribed and sworn to (or affirmed) before me o 1_ (date) by bp L-T (name of affiant). He/She is personally known to me or has producedZ)R#1vr-;9-c_ (type of identification) as identification. a CARMEUTA V. MENDOZA NOTARY PUBLIC Notary Public, State of Flodde My Commission Expires: Commiesion# FF 991969 My oomm, 6p1= June 24, 2M0 15 PUBLIC ENTITY CFJN[E 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 Lori Lehr (Respondent's name) nor any Affiliate has been placed on the convicted vendor list in the last 36 months. (SignaturM Date: _ STATE OF: - - - - COUNTY OF: Subscribed and sworn to (or affirmed) before me oriJEMAWb P-0). (date) by Lff(name of affiant). He/She is personally known tome or has producedLope�'qwB_ (type of identifi bon) as identification 74 NOTARY PUBLIC My Commission Expires: 16 go 1� e of 9fi9 a 99une 24, Z02� MY 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 The minimum limits acceptable shall be: 300 000 Combined Single Limit (CSL) An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, Its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. 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 been granted the authority to waive this provision. And • The Indemnification and Hold Harmless provisions Waivina 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. v 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. 19 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 Meeting Date: BIDDER Not Approved 20 SIGNATURE 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 lmts $ 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 Vehicle Liability $ 200,000 per Person (Owned, non -owned and hired vehicles) $ 300,000 per Occurrence $ 200,000 Property Damage $ 300,000 Combined Single Limit Professional Liability $300,000 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 MEMORANDUM MONROE COUNTY We strive to be caring, professional, and fair. To: Monroe County Board of County Commissioners From: Christine Hurley, Assistant County Administrator Date: October 4, 2016 RE: Monroe County Community Rating System (CRS) and National Flood Insurance Program (NFIP) As you know, the National Flood Insurance Program's (NFIP) Community Rating System (CRS) is a voluntary incentive program that encourages community floodplain management activities that exceed the minimum NFIP requirements. Participation in the program is based on a point system and the more points you score; the more discounts you achieve for NFIP policy holders as follows: How much discount property owners in your community Can get D ISO ou lit Rate Class SFWAI Non- NA" Credit Poftits Required 1. 1`., 11 11, 1. 00 ''r; 1tJ'G 00 ,5 � 9 .. Q9 ? 1511 51, 1 501 999 g t.a"- ,n' 000 €,499 10 Monroe County requested participation in the program early 2016 and a community visit was conducted by Mr. Craig Carpenter, ISO on April 28, 2015. The County obtained 2468 credit points by simply documenting our existing programs, which results in a CRS Classification of 6 (see attached). There are close to 16,000 policy holders in unincorporated Monroe County. The average premium is $1,195/policy holder. CRS Classification 6 authorizes a 20% discount. which. usinLy the averaLye nolicv cost eauates to $235 per policy, with a total community discount of $3,696,403. These discounts should go into effect October 1, 2016, pending FEMA's final approval. Given the County's history with FEMA over the past decade, this is a substantial achievement. Each year a community must "recertify" to continue participation in the program. Further, it is possible for the County to gain additional points and receive even greater discounts for our citizens over the next couple of years. However, to do so requires additional program development and implementation. Page 1 of 4 Lori Lehr, the County's CRS consultant, has assisted in developing a plan to increase the points the County can achieve over the next two (2) years as follows: • FYI 7: Goal — Class 5 (25% discount) o Develop and Adopt a Program for Public Information (PPI), due to be completed March 2017. This should increase our score enough to achieve a CRS Classification of 5, which would authorize a 25% discount (5% more than the 2016 score. Using the average policy cost a 25% discount equates to $293 per policy, with a total community discount of $4,608,340 o Submit a CRS 2017 Recertification. The recertification process begins in August and is due to ISO on October 1 of each year. o FEMA CAV 2017 is required to demonstrate to FEMA that the County remains in good standing with the NFIP. • FYI 8: Goal —Class 4 (30% discount) o Develop and adopt a Repetitive Loss Area Analysis (RLAA) which will be a required step for the County to advance to a CRS Class 4. This is due to be completed by March 2018. o Develop and adopt a County Watershed Masterplan. This is to be completed by March 2018 o Develop County Drainage Maintenance Plan, which would include standard operating procedures and maintenance tracking for all County maintained drainage structures. o Submit a CRS 2018 Recertification. The recertification process begins in August and is due to ISO on October 1 of each year. o Submit a CRS Modification to ISO in March for a CRS Class 4, which would authorize a 30% discount, which, using the average policy cost equates to $360 per policy, with a total community discount of $5,394,770 o Implement a requirement that the lowest structural member of structures must be a mandatory 1' above the FEMA required elevation. This is called a freeboard requirement. (luckily for communities in Florida the Florida Building Code will have this as a mandatory requirement in 2017). If we are successful in these planned activities the following summary savings for the community will be achieved: FY CRS Classification Number of Policies Percent Discount Average Savings per policy per year Total Community wide savings 2016-2017 6 16000 20% $235 $3,696,403 2017-2018 5 16000 25% $293 $4,608,340 2018-2019 4 16000 30% $360 $5,394,770 More details on each of these additional requirements follow: Program for Public Information (PPI) — for coordinated public outreach efforts throughout Monroe County The County needs to develop and adopt the Program for Pubic Information (PPI). We are already underway with this activity. A PPI is an ongoing effort to prepare, implement, and monitor a range of public information activities. The objective of CRS credit for a PPI is to provide additional credit for Page 2 of 4 information programs that are designed to meet local needs and that are monitored, evaluated, and revised to improve their effectiveness. For CRS credit, the PPI must be developed according to a seven -step planning and public involvement process which includes adoption by the Board of County Commissioners. The PPI should be ready to present to the Board of County Commissioners in March of 2017. We may recommend an outside organization, such as FIRM, take over implementation of some or all of the activities documented in the PPI, to gain consistency in messaging to the citizens within the County and cities. Repetitive Loss Area Analysis (RLAA) FEMA is expected to adopt the new CRS Manual for the program period (2017 through 2020). Part of this manual will be a new requirement for a mandatory Repetitive Loss Area Analysis (RLAA). This will be a mandatory item. It requires the County to identify the geographic areas where flooding has occurred more than two times over 10 year period of time and to develop a plan [where things such as purchase of the homes where repetitive loss has occurred, razing the home, and returning the land to its natural state (for the county this would mean we would also be buying a ROGO allocation), raising the elevation of the home, or other solutions developed as options in the analysis, to assist with remedying the frequent loss associated with these areas. FEMA has grant programs to help address these properties as follows: • Hazard Mitigation Grant Program (HMGP) assists in implementing long-term hazard mitigation planning and projects following a Presidential major disaster declaration • Pre -Disaster Mitigation Grant Program (PDM) provides funds for hazard mitigation planning and projects on an annual basis • Flood Mitigation Assistance Grant Program (FMA) provides funds for planning and projects to reduce or eliminate risk of flood damage to buildings that are insured under the NFIP on an annual basis We have advertised a position to assist in this endeavor. We are seeking a person with experience in these FEMA grants to work with Ms. Lehr on developing the RLAA plan, which will also include inspecting each location and determining the "risk" to surrounding structures where repetitive loss has occurred. This is a vast amount of work and we need to begin this exercise now to meet the 2018 deadline. Watershed Masterplan and Drainage Maintenance Plan Finally, for 2018, for us to obtain a CRS classification of 4, the County must: • Develop and approve a Watershed Master Plan by: o Developing a methodology for road and drainage systems to evaluate projected Sea Level Rise and consider Seal Level Rise during design. o Evaluating the future conditions, including the impacts of a median projected sea level rise for the year 2100, on the local drainage system during multiple rainfall events, including the 100-year rainfall event. This option is for coastal communities without conveyance channels/canals. o Amending, if needed, the County's land development code to eliminate any exemptions to storm water improvements required. • Develop a Drainage Maintenance Plan, whereby a standard operating procedure and maintenance tracking of all segments of the county maintained drainage system will be implemented annually. Page 3 of 4 We are seeking approval of the contract with Lori Lehr to accommodate this work plan. In addition, we will be hiring a new position (funded) and Engineering will be completing the Watershed Master Plan and Drainage Maintenance Plan. Page 4 of 4