Item H30BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 16, 2015 Division: Growth Management
Bulk Item: Yes X No _ Department:
Staff Contact /Phone #: Christine Hurley
(305) 289-2517
AGENDA ITEM WORDING: Approval of amended contract with Lori Lehr for assistance to staff
regarding 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. Lehr in this effort. Instead of a full-time
permanent position, Lori Lehr was hired as an outside consultant. Due to additional services being
provided to assist with FEMA responses, her contract should be modified for budgetary purposes to be
consistent with our fiscal year.
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: 2/18/15 Original Contract Approval
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 _ IVo AMOUNT PER MONTH Year
APPROVED BY: County Atty' x OMB/Purchasing x Risk Management x
DOCUMENTATION: Included x Not Required
DISPOSITION:
Revised 7/09
AGENDA ITEM #
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 9th 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. - Lobbyi ag regulated.
(a) No former county officer or employee shall, within hvo. ears following vacation of office or
termination of employment, lobby on behalf of any o: her person at- business entity 'n any formal or
informal appearance before, at -with the intent to influence, snake any oral or++mitten comm unication on
behalf of any other person or business entity, to:
(1) Any board, commission, authority, or advisory body of }.'',e county; at-
(2) Anv department, division, special district or bureat of, he county, in connection with current or
ftuttreprocurement ofgoods and/orsen•ices.
(b) This section shall not apply in the case of collective bargaining or to off cers or employees in the
employ of the county on the eJj'ective date of the ordinance from .vhich this article is derived This section
shall also not apply to anv 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 froth which this article is derived
except that. ifsuch officer is elected or appointed for another term ofoffice. which tetra commences after
the effective date of the ordinance from which this article is derived, then this section shall apply.
Section 1-150.-appearance relating to procurement ofgoods, services.
(a) Except as required by statute, ordinance, resolution, rule or custom for the proper discharge of official
duty, no count), officer or employee shall, if elected or appointed after the effective date of die ordinance
from which this article is derived, snake 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 and/or services, to:
1) Any board, commission, authori(y, or advisory body of the county; or
(1) Anv department, division, or bureau of the count),.
b) This.section shall not apply in the case ofcollective 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, 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
Growth Management on a monthly basis.The Contract Prices in Exhibit A are all inclusive.
PA
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 on a fiscal year basis.
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 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
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
3
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. Employee 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 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.
(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 Ile 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. ATTORNEYS 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,
5
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 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 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.
6
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 IS. 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
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
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
to be here when he is here and then I'm not sure 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
E
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 12'h 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.
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
:A
Mayor/Chairman
By:
Lori Lehr
Title: Contractor
10
MONROE COUNTY ATTORNEY
A AS T ORM:
STEVEN T. WILLIAMS
ASSISTANT OUN ►6TTORNEY
Date jr7,4
11
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
Minimum 800 hours annually
Maximum not to exceed $120,000 annually on a fiscal_year_basis
No reimbursables for travel and per diem expenses
i?
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO.010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
(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 considUation paid to the former County officer or employee."
(Sigrfature)
Date:
STATE OF:�®g
COUNTY OF:iL�U�
Subscribed and sworn to (or affirmed) before me on
&G"X7- J / AplJ� (date)
by LON / L -E Z-L—Ae- (name of affiant). He/She is personally
known tome or has produced /-&PO/} U,'4Lf49eV Ns (type
of identification) as identification.
[*MY
CARME A V. iW�Do:A
Notary Public, State of Florida
Commissions June
a 24 2
� Comm, expires June 24, 2016
NOTARY PUBLIC
My Commission Expires: 06 ' a -104
12
NON -COLLUSION AFFIDAVIT
I, Lor t" h tr of the city of 1�o Vr—r according to law
on my oath, and under penalty of perjury, depose and say that
1. 1 am �_ `I._ of the firm of
i.._. r ' 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 o;
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.
(Signs r Date:
STATE OF:
COUNTY OF: Pt LDS'60P'0i((59-
Subscribed and sworn to (or affirmed) before me on �u a
(date) by "/u ar Lffrr- (name of affiant). He/She is
personally known to me or has produced FP,0.4 09109RJ Z4t2191E (type of
identification) as identiffcat' n. _
KAANNotaryWENDOZA
e of Flonda
210479
ne 24, 2016
NOTARY PUBLIC �� �—�
My Commission Expires: imp
13
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 bova requ. me ts.
s
(Slgnatu
Date: 1
STATE OF: �40paop"
COUNTY OF: HIU."r6newoo
Subscribed and sworn to (or affirmed) before me on A 4 r Vf(date) by
Loper (name of affiant). He/She is personally known to me or
has produced f i-0404 �e ' (type of identification) as identification.
cAAMRITn V. MENooaa
1 6 Notary Public. State of Florida .a
NOTARY PUBLIC _ / Commission # EE 210479
My Commission Expires: 0� i/� My comm. expires June 24, 2016
14
PUBLIC ENTITY CR M 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
name) nor any Affiliate has been placed on
m hs.
(Signs )
Date: l ,Aokls
STATE OF: F")WA-
�r t_ (Respondent's
the convicted vendor list within the last 36
COUNTY OF: 441L(--�9 0R005
Subscribed'' and sworn to (or affirmed) before me on G&M- a� 020/5
(date) by LOP 149:Ftoy?-- (name of affiant). He/She is personally known
to me or has produced T y;yw " topyw `l otivz (type of
iden ication) as i entiflcatlon.
/Y✓i y / RMN018rY
CARMUITA V. MRNDOZA Public, state of Florida
NOTARY PUBLIC Commission N EE 210479
/,�Y Comm. expires June 24, 2016
My Commission Expires:
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.
16
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 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.
17
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.
RI.
• 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.
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.
18
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. \'oc-i -
Contract for. �-bi � �'� �
.� rr 1 vcr
Address of Contractor. 3'�t �.. 1
Phone: C-1a-1) "a35 - 3%-15
Scope of Work: )C), o� S
? Cl5
eason for Waiver � � lY-'
o r 5 � 1 �1�er� C�rnpcn�a`�or
Policies Wai r �\.0.1� k�A-y (or
lJ�
l . �,J�
will apply to:-Pc�eS�oma-1 L-�
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
19
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 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.
20
EXHIBIT B
O"LOYN ENT POLICIES
SECTION 2
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.
.1. 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.
1 i• . M_M. • ► KIKONNM.MT•
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.
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
Emergency Temporary Employee
5. Part Tune Employee
Septe—ow 7 20', 13 of80
6. Ttainee
7. Contract
Participation in the Social Security program and the Florida State Retirement System will be in accordance
with the riles 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-71=e 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 employer-
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.
3. 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. 3 temporary employee shall not be eligible for County benefits or paid holidays, except as
stated in'e' 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
Seote^- -er 7 2. 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 tema 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 pan -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 Hoard of Commissioners for approval.
t•:•:W•_�
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 7, 20 4 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 tight 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.)
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 M.
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.
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 7 2^ - 16 of 8o
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 perfomm
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 that an employee is under the influence of, or using
alcoholic or illegal substances, that Department Head may require that said employee be examined by a
physician who may include blood and/or urine testing.
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.
All interviews whether for new hire or in-house promotion must follow the interview procedures outlined in
Administrative Instruction 4705.
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 7, 20 4 17 of 80
H. 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).
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.
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.
u-i
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 Hoard of Commissioners.
:. M_Mmim
An Employee must submit the completed Request for Educational Assistance Foam 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 112.083
September 7 20'4 18 of 80
the documentation will be sent to the Human Resources office and placed in the employee's personnel
file.
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.
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 "titre 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 manger.
6. Employees must provide their own transportation to and from twining.
7. Refunds shall be limited subject to the availability of funds and the number of participants in the
S. This program may be amended or terminated at any time, however, such amendment or
termination will not affect any courses of study previously approved
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
vAthin less than one (1) year from date of completion of educational assistance courses. Further
Sectembw 17 20't 19 of80
funding to the County shall be accomplished by deducting all reimbursement due from the employee's
final paycheck.
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 riles within their jurisdiction. Failure to comply may result in disciplinary action.
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 () 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.
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 7 V'4 20 of80
Department Head and Supervisor to give the County's non-discdmmzwn policy full support through
leadership, and by personal exataple. 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.
A 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 Hoard 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
21 of 80
,eptem.-er 7, 2^ .
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 Eosin 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 fermi don. 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 Ode 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.
Sep e—ber ' 7. 2- - 22 of 80
PENff".1 a v- ;_.. �'. �1�[y •
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 Sexism 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-time
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 Hunan 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 51,000.00 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 7, 20'4 23 of 80
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 dudes, 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' o of the first year's savings with a maximum of $2,500
a The minimum award shall be $50.00
Suggestions where a savings cannot initially be accurately determined upon implementation
Sep,e nber 17. 2' `4 24 of SO
a Partial award of 5% of the estimated savings up to a ma3dmum 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 11,000. 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.
Sep•e -~ber 7 24 ` 26 of 90