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Item J7
} J.7 `, County of Monroe �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS Mayor Heather Carruthers,District 3 �1 `ll Mayor Pro Tem Michelle Coldiron,District 2 The Florida.Keys` )-.�ff` Craig Cates,District 1 David Rice,District 4 w � Sylvia J.Murphy,District 5 County Commission Meeting September 16, 2020 Agenda Item Number: J.7 Agenda Item Summary #7267 BULK ITEM: Yes DEPARTMENT: Building TIME APPROXIMATE: STAFF CONTACT: Ed Koconis (305) 453-8727 N/A AGENDA ITEM WORDING: Approval of Sixth Amendment to contract with Lori Lehr related to projects necessary for a Community Rating System (CRS) application for Class 4 which would yield a 30% discount (going from a savings of $5,135,345 to $6,156,964 annually) for National Flood Insurance Program (NFIP) following October 2020; decreasing the total FY 2020 - FY 2021 cost by $1,800 from $327,525 to $325,725; postponing certain projects or portions thereof from FY 2020 to FY 2021; deleting or discontinuing certain projects; and adding a new CRS Program Management Support Services project. ITEM BACKGROUND: Monroe County achieved a Class 5 in the Community Rating System (CRS) under the National Flood Insurance Program (NFIP) effective October 1, 2017. Based on the work of Lori Lehr, CFM, Consultant,property owners having flood insurance through the NFIP are receiving a 25% discount on their annual premiums. Ms. Lehr is currently working on completing the remaining Projects required to elevate Monroe County to a Class 4 (the original goal was to reach Class 4 in 2020, however, the request was not approved, since the applicable County floodplain management ordinance allowed mobile homes to be replaced on 36 inch piers for certain mobile home parks, which meant that that applicable County ordinance did not require full and complete compliance with applicable Federal floodplain regulations). The Board approved an ordinance amendment in 2020 removing the aforementioned allowance for mobile home replacement on 36 inch piers. Therefore, Ms. Lehr will be seeking Class 4 in the next application cycle for the County. The tasks in the amended contract include: * Project Management Drainage Maintenance Planning (commencing after October 1, 2020) * Class 4 ISO Verification Visit * Substantial Damage (used if the County is hit by a storm and we have to conduct damage assessments) * Drafting ordinances to amend Monroe County Code Chapters 122 and 6 to be more consistent with State of Florida model ordinances that can be considered one or more companions to the Florida Building Code * Community Rating System Program Management Support Services Packet Pg. 2599 J.7 - Local Mitigation Strategy Update - Annual Review of Elevation Certificates required for recertification - Repetitive Loss Annual Report -Program for Public Information (PPI) Management - CRS Annual recertification Processes and Submission If successful in reaching a Class 4 in CRS the discount for all policyholders would increase from 25%to 30%,providing an estimated $6,156,964 community-wide savings, as illustrated in the table below. YEAR CRS Class/ Avg. Savings Total Savings Cumulative % Discount Per Household Savings 10/1/2017 Class 6/20% $233 $3,629,670 $ 3,629,670 10/1/2018 Class 5/25% $350 $5,135,345 $ 8,765,015 10/1/2019 Class 5/25% $350 $5,135,345 $13,900,360 10/1/2020 Class 5/25% $350 $5,135,345 $19,035,605 10/2/20 - 4/30/21 (6 months) Class 5/25% $372 $5,135,345 $21,638,140 GRAND TOTAL $21,638,140 GOAL CRS Class 4 Effective Date Class 4/30% $447 $3,213,287 $24,851,427 5/1/21 - 9/30/22 (6 months) 10/l/2021 - 9/30/2022CIass 4/30% $447 $6,426,573 $31,278,000 GRAND TOTAL $31,278,000 Attachment A illustrates all costs and cumulative savings. PREVIOUS RELEVANT BOCC ACTION: February 18, 2015 - Awarded two-year contract to assist County with FEMA Community Assistance Visit(CAV) audits and responses thereto; upon County eligibility to apply for CRS, develop, fill out, and apply for CRS on behalf of County; and assist with developing floodplain regulation programs and review projects for compliance with said regulations. September 16, 2015 - Amendment No. 1 clarified term of Agreement and compensation is on a fiscal year basis. October 19, 2016 - Amendment No. 2 expanded professional services to include eight(8)projects through October 19, 2018. 1. Program for Public Information (PPI); 2. CRS modification 2017 to Class 5; 3. CRS annual recertification 2017; 4. Floodplain CAV February 2017; 5. Project management of Repetitive Loss Area Analysis (RLAA)which is required for Class 4; 6. Project management of Stormwater Master Plan for CRS credit; 7. Project management of Drainage Maintenance Planning; and 8. CRS annual recertification 2018. Total two-year total cost$412,500. September 27, 2017 - Amendment No. 3 added Scope of Services for post-Hurricane Irma damage assessment at an hourly rate of$150 per hour. March 21, 2018 - Amendment No. 4 amended the Scope of Services by: eliminating Projects 1-4 from Amendment No. 2 due to their completion; renumbering Projects 5-8 (to 1-4) as follows - 5 to 2, 6 to 3, 7 to 4, and 8 to 1; and adding Project 5. CRS annual recertification 2019 and Project 6. Packet Pg. 2600 J.7 CRS Class 4 ISO verification visit. Total two-year total cost from March 21, 2018 to March 21, 2020 of$294,750. November 20, 2019 - Amendment No. 5 added Projects including drafting a new floodplain ordinance, assisting with floodplain mapping, and developing a mobile home replacement analysis; amended the compensation remaining to $327,525; and extended the date of the contract through September 30, 2021. CONTRACT/AGREEMENT CHANGES: Sixth Amendment for FY20 and FY21 to adjust timelines of, delete, revise, and discontinue certain projects and adding one new project, resulting in a net decrease of$1,800 from Fifth Amendment. STAFF RECOMMENDATION: Approval. DOCUMENTATION: Lehr Contract Amendment Attachment A Costs and Cumulative Savings Certificate of Liability Insurance Lehr.02_18_2015.Original Contract FINANCIAL IMPACT: Effective Date: September 16, 2020 Expiration Date: September 30, 2021 Total Dollar Value of Contract: $325,725 over a two FY period Total Cost to County: Current Year Portion: Budgeted: Yes Source of Funds: Fund 180 CPI: N/A Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Yes Additional Details: Cost savings to residents $5.1 - $6.4 Million annually Total contract amount for extension period totals $325,725, a decrease of$1,800 from Fifth Amendment. Amendment would decrease FY 2020 from $267,525 to $159,450 and increase FY 2021 from $60,000 to $166,275. Packet Pg. 2601 J.7 REVIEWED BY: Rick Griffin Completed 08/27/2020 1:27 PM Assistant County Administrator Christine Hurley Completed 09/01/2020 9:03 AM Peter Morris Completed 09/01/2020 1:38 PM Maureen Proffitt Completed 09/01/2020 1:41 PM Purchasing Completed 09/01/2020 1:43 PM Budget and Finance Completed 09/01/2020 2:41 PM Maria Slavik Completed 09/01/2020 4:03 PM Ed Koconis Completed 09/01/2020 8:13 PM Liz Yongue Completed 09/01/2020 9:05 PM Board of County Commissioners Pending 09/16/2020 9:00 AM Packet Pg. 2602 SIXTH AMENDMENT TO MONROE COUNTY'S CONTRACT FOR National Flood Insurance Program (NFIP), Floodplain Regulations, and Community Rating System (CRS) Professional Support Services THIS SIXTH AMENDMENT is made and entered into this day of September, 2020 by and between MONROE COUNTY("COUNTY"), a political subdivision of the State of Florida, and Lori Lehr ("CONTRACTOR"). WITNESSETH: 0 WHEREAS, the contract between LORI LEHR and the COUNTY was entered into February 18, 2015; and WHEREAS, the parties executed Amendment No. 1 to the existing Contract for National Flood Insurance Program("NFIP"),Floodplain Regulations,and community Rating System("CRS") Professional Support Service on September 16, 2015; and U 0 WHEREAS, the parties executed Amendment No. 2 to the existing Contract for NFIP, Floodplain Regulations, and CRS Professional Support Service on October 19, 2016; and E WHEREAS, the parties executed Amendment No. 3 to the existing Contract for NFIP, E Floodplain Regulations, and CRS Professional Support Service on September 27, 2017; and x WHEREAS, the parties executed Amendment No. 4 to the existing Contract for NFIP, Floodplain Regulations, and CRS Professional Support Service on March 21,2018; and m WHEREAS, the parties executed Amendment No. 5 to the existing Contract for NFIP, Floodplain Regulations, and CRS Professional Support Service on November 20,2019; and e( NOW THEREFORE, in consideration of the mutual promises contained herein, together with other good and valuable consideration, the adequacy, sufficiency, and receipt of which are hereby acknowledged: c Section 1. Recitals and Leeislative Intent.The foregoing recitals,findings of fact,and statements of legislative intent are true and correct and are hereby incorporated as if fully stated �. herein. Section 2. The Agreement is amended as follows: Section 1. SCOPE OF SERVICES.Pursuant to Section 1.of the Agreement this Section is amended to include the following: CONTRACTOR shall do,perform and carry out certain duties as described in the Monroe County Project Budget 2020-2021 — Exhibit A- which is attached hereto and made part of this Agreement. Section 3. TERM OF AGREEMENT. The Agreement will begin on September 16, 2020 and terminate on September 30, 2021. The term of this Contract shall be renewable for two additional i of 2 Packet Pg. 2603 periods of up to two(2)years with the same terms upon agreement of both parties.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 Building Department, as follows: 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 0 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. The remainder of the terms and conditions of the Agreement, as amended,remain unchanged 0 by this Amendment, and continue in full force and effect. c IN WITNESS WHEREOF, each party caused this Amendment to the Agreement to be executed by its duly authorized representative. x (SEAL) BOARD OF COUNTY COMMISSIONERS ,U OF MONROE COUNTY, FLORIDA Attest: KEVIN MADOK,CLERK OF MONROE COUNTY,FLORIDA By: By: As Deputy Clerk Mayor Heather Carruthers Date: MONROE COUNTY ATTORNEY A�P . VED TOF0FW Date: sivzo CONSULTANT'S Witnesses Attest: CONSULTANT: Lori Lehr Signature: Signature: Date: Date: Signature: Date: 2 of 2 Packet Pg. 2604 (ay 'a® ql!m}a a}u®a ®}}uewpuew q4x' ) 4uewpuewv}a a}u ay :}uqua 3 }} R o n: C N N 0 0 0 0 O :a. 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N. h M 00 M Oi N H. m m 7 E 7 V O Ln Ln Ln Ln N a a a M LO M M N Ln m Ln Ln Ln N IR N N N m OD M Ln Ln Ln N •> Vf Vf Vf Vf Vf O Ln O O F 0 C M O O O N yL M to to to N M M MM 0 V} L} L} L} L} •> O m10 L h � Q L N O O Ln N LLft,.. 0 m N M a N M',. mI n N n 01 O 0t M N N N N N Q.. N. V M N N N N x^1- rl {/! t4 O F O' O' N O N N N'',. N: 0 O V Ln W Ln n O O LOn N In 0: m n Ln a n vi a N N N m O 1 M: N N N N N CQC.,': m: 0 O V C 7 C O V C O 0 0 0 0 0 0 0 � O Ln Ln Ln Ln O 'a Ln Ln Ln Ln V in in in in in V V V V V V n 00 M O H 'i 'i 'i N L O O O O = N N N N C O f6 O O O O E N � O � O 3 M � a o v o N Q, Q (U � \ Q Q tt Q V I w fo �-1 .c ACOR" CERTIFICATE OF LIABILITY INSURANCE ffOT7/0'5E12O20' E` THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEI REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorse< If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement o this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: HISCDx Inc. AICONNo Ext: ($$$)202-3007 FAX No, No): 520 Madison Avenue -ADDRESS:32nd Floor SS: contact@hiscox.com New York, NY 10022 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Hiscox Insurance Company Inc 10200 INSURED INSURER B: Lori Lehr Inc. 3441 Pittman Road INSURER C: Dover, FL 33527 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM: EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. O INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS U LTR POLICY NUMBER MM/DD MM/DD O X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 FIVI DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES Ea occurrence $ 100,000 MED EXP(Any one person) $ 5,000 A Y UDC-4141233-CGL-20 04/25/2020 04/25/2021 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICYEl PELT LOC PRODUCTS-COMP/OPAGG $ S/T Gen.Agg OTHER: $ _ AUTOMOBILE LIABILITY COMBINEDSINGLELIMIT $ Ea accident w ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLA LAB OCCUR EACH OCCURRENCE $ �y EXCESS LAB CLAIMS-MADE AGGREGATE $ ®_ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under cu DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 2 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) � Monroe County BOCC is listed as additional insured. U CERTIFICATE HOLDER CANCELLATION Monroe County BOCC 1100 Simonton Street SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOR Key West FL 33040 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED I ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE J1/ @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Packet Pg. 2609 J.7d AMY REAVILIN, CPA CLERK OF CIRCUIT COURT & COMPTROLLER IIIIONROE COUNTY,FLORIOA DATE. March 26, 2015 TO: Christine Hurley, Director of J Growth Management r ATTN. Mayra Tezanos Executive Assistant s r FROM: Lindsey Ballard, D.CJ" U 0 r r At the February 18, 24ft*, Board of County Commissioner's meeting the Board granted approval and authorized execution of Item J 1 Approval of contract with Lori Lehr for assistance to staff for National Flood Insurance Program (NFIP) participation, Floodplain Regulation development and E implementation, FEMA audit assistance, and Community Rating System(CRS) application Professional Support Services and elimination of FTE originally budgeted as permanent position. r U r Enclosed is duplicate originals executed on behalf of Monroe County,for your handling. Should you �° have any questions,please feel free to contact me. 6 00 N i r i N J cc: County Attorney(Electronic Copy) Finance File r r SCANNED 500 Whitehead Street Suite 101,PO Box 1980,Key West FL 33040 Phone:305-295-3130 Fax:305-295-3663 3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fax:305-289-6025 88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fox:305-852-7146 Packet Pg.2610 MONROE COUNTY CONTRACT FOR National Flood Insurance Program (NFIP), Floodplain Regulations, and Community Rating System (CRS) Professional Support Services 1g� T THIS AGREEMENT("Agreement") is made and entered into this day of JaAuary- u 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"). 0 J 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), U 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 0 governing work performed under this Contract; and 0 r 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 M WHEREAS, CONTRACTOR desires to provide such services. 25 in NOW THEREFORE, in consideration of the mutual promises contained herein,the parties agree as follows: 0 Section 1. SCOPE OF SERVICES U M 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 LO hereto and made a part of this agreement. co Language required by Section 2-152, Monroe County Code: N 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 J 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. 1 Packet Pg.2611 f J.7d Sec.2-149.-Lobbying regulated. (a)No former county officer or employee shall,within two years following vacation of office or termination of employment;lobby on behalf of any other person or business entity in any formal or informal appearance before,or with the intent to Influence,make any oral or written communication on behalf of any other person or business entity,to: (1)Any board,commission,authority,or advisory body of the count)r or (2)Any department;division,special district or bureau of the county,in connection with current or future procurement of goods and/or services. (b)This section shall not apply in the case of collective bargaining or to officers or employees in the employ of the county on the effective date of the ordinance from which this article is derived. This 0 section shall also not apply to any officer holding an elected office,or to an officer holding an appointment to any board,commission, or authority,on the effective date of the ordinance from which this article is derived except that;if such officer is elected or appointed for another term of U office,which term commences after the effective date of the ordinance from which this article is 2 derived,then this section shall apply. o U Section 2-150.-Appearance relating to procurement of goods,services. 0 r r (a)Except as required by statute,ordinance,resolution,rule or custom for the proper discharge of official duty,no county officer or employee shall,if elected or appointed after the effective date of the ordinance from which this article is derived,make a formal or informal appearance before,or, with the intent to influence,make any oral or written communication in connection with current or M future procurement of goods and/or services,to: 25 (1)Any board,commission,authority,or advisory body of the county;or (2)Any department.;division,or bureau of the county. (b)This section shall not apply in the case of collective bargaining. 0 Section 2.QUALIFICATIONS NECESSARY OF CONTRACTOR U M The CONTRACTOR must have experience with FEMA NFIP, Floodplain regulations, and CRS. 6 r Section 3. TERM OF AGREEMENT 04 co i The Agreement will begin on the date entered above and will continue for a period of 2 years, unless terminated in accordance with Section 8, below.The term of this Contract shall be renewable for two additional periods of up to two(2)years with the same terms. J 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. r r Section 4. COMPENSATION Compensation to the CONTRACTOR will be as follows("Contract Price"): The County, in consideration of the CONTRACTOR substantially and satisfactorily performing and carrying out the objectives of the County in providing professional support services as detailed in the Scope of Services(attached hereto as Exhibit A), shall pay the CONTRACTOR based on invoices submitted by Consultant to the County's Division of 2 Packet Pg.2612 J.7d Growth Management on a monthly basis.The Contract Prices in Exhibit A are all inclusive. No claims for reimbursement for expenses will be reimbursed. Hourly Rates will be those on Exhibit A. Invoices much provide sufficient detail and documentation to support the activities and services for the billing period covered by the invoice, including but not limited to the exact dates, hours of service,job classification, and description of work completed for each individual providing service under this contract. Total Contract shall not exceed $120,000 annually. By entering into this Agreement,the CONTRACTOR warrants that it understands that the Contract Price represents the full compensation for all services under this J 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 r expenses. U r Section 5. PAYMENT TO CONTRACTOR U 0 r 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 E Monroe County Board of County Commissioners. 3. The Contractor will submit such invoice monthly for services provided during the U 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 S. INDEPENDENT CONTRACTOR Ui r At all times and for all purposes, the Contractor, its agents and employees are 00 considered to be Independent Contractors in their performance of the work r i 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 J 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. r r 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 3 Packet Pg.2613 J.7d provide the services under the Contract. The personnel shall not be employees of or have any contractual relationship with the County. 2. All personnel engaged in performing services under this contract shall be fully qualified, and if required, be authorized or permitted under state or local law to perform such services. 3. The County shall, at its sole discretion, have the option to reject any individual provided to perform services under the Contract by the Contractor. 4. The Contractor shall require each of its employees to execute an acknowledge- ment that he/she is not an employee of County and that he/she is an employee of the Contractor and recognizes that no County benefits are available,as attached as Exhibit C. J 5. The Contractor shall report to the Building Official, the Growth Management Division Director and the Permit Administrator as necessary.The Building Official r has the final authority to approve the decision and work products of the U Contractor related to Floodplain regulation and enforcement.Other work products may be approved by the Permit Administrator or Growth Management Division U Director. r 6. Employees of Contractor or Contractor shall comply with the Work Policies and Regulations of County attached as Exhibit B. Section 8. CONTRACT TERMINATION M Either party may terminate this Agreement because of the failure of the other party to perform its obligations under the Agreement. COUNTY may terminate this Agreement for cause if the Contractor shall default in the performance of any obligations under this U agreement. Default shall include the occurrence of any one of the following events and same is not corrected to the satisfaction of the County within thirty (30) days after the County provides the Contractor with written notice of said default: M 1. Failure to provide services described in this contract. 2. Failure to comply with local, state, federal rules or regulations pertaining to this 0 contract. 3. Breach of any other term, condition, or requirement of this agreement. co i COUNTY shall pay CONTRACTOR for work performed through the date of termination. Section 9. RECORDS J r CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied.Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Section 55.03 of the Florida Statutes, running from the date the monies were paid to 4 Packet Pg.2614 J.7d 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 J 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. r (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. 0 (d) Meet all requirements for retaining public records and transfer, at no cost,to the U public agency all public records in possession of the contractor upon termination of the o contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically -E must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. M r 25 Section 10. GOVERNING LAW,VENUE, INTERPRETATION, COSTS AND FEES r U 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. M 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 L6 agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. col r N i Section 11. SEVERABILITY If any term, covenant, condition or provision of this Agreement(or the application thereof J 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, U covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 5 Packet Pg.2615 J.7d 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 J representatives, successors, and assigns. r Section 14. AUTHORITY U r Each party represents and warrants to the other that the execution, delivery and U performance of this Agreement have been duly authorized by all necessary County and o corporate action, as required by law. Section 15. COOPERATION E 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 U 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. U Section 16. NONDISCRIMINATION L6 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 co jurisdiction that discrimination has occurred, this Agreement automatically terminates r� 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 J 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 6 Packet Pg.2616 J.7d 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. 0 J Section 17. CODE OF ETHICS r CONTRACTOR and COUNTY both understand and agree that officers and employees U 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 U limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Section 18. NO SOLICITATION/PAYMENT M 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 U 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. M 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, L6 commission, percentage, gift, or consideration. co Section 19. NON-WAIVER OF IMMUNITY r, N 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 J commercial liability insurance coverage, self-insurance coverage, or local govemment 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 U 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 7 Packet Pg.2617 J.7d 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 J 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 r constitution, state statute, and case law. U r Section 22. NON-RELIANCE BY NON-PARTIES U 0 r 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, E 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. U r Section 23. NO PERSONAL LIABILITY 0 U 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 6 be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement 00 04 i Section 24. INSURANCE POLICIES As a pre-requisite of the work governed,the CONTRACTOR shall obtain, at his/her own J expense, insurance as specified in any attached schedules, which are made part of this contract. Within 10 days following execution of this agreement,the CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required insurance, either: Certificate of Insurance or A Certified copy of the actual insurance policy. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty(30)days prior 8 Packet Pg.2618 J.7d 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 0 J The CONTRACTOR does hereby consent and agree to indemnify and hold harmless the COUNTY, its Mayor, the Board of County Commissioners, appointed Boards and r Commissions, Officers, and the Employees, and any other agents, individually and U 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 U CONTRACTOR or substantial and unnecessary delay caused by the willful o 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 E 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. in At all times and for all purposes hereunder, the CONTRACTOR is an independent U 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 0 services to be provided. co Section 26.ASSIGNMENT. r, N No assignment of this contract is permitted. J 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 9 Packet Pg.2619 J.7d to be here when he is here and then rm not sure of the time it will take for you to work with Mary Wingate to review things and help respond to Prasad. Section 29.NOTICES. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid,to the other party by certified mail, returned receipt requested to the following: J FOR THE COUNTY: J r Monroe County Monroe County Attorney Monroe County Administrator 1111 121 St. Suite 408 Growth Management 1100 Simonton Street Key West, FL 33041 2798 Overseas Hwy Key West, FL 33040 Marathon, FL 33050 U 0 r r FOR CONTRACTOR: Lori Lehr 3441 Pittman Road Dover, Florida 33527 E r Section 30. Entire Agreement in This agreement constitutes the entire agreement between the Count and the Contractor U 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 WHEREgF,the parties hereto have caused these presents to be executed on the 0 day of Fc�r�pr 2015 LO r L) BOARD OF COUNTY COMMISSIONERS00 t:AMY HEAVILIN, CLERK OF MONROE COUNTY, FLORIDA04 i F ONROE COUNTY, FLORIDA P By OF Deputy Clerk May r/Ch ' an WITNES BYA Vl-1 Print me. Lori Lehr Title: Contractor WITNESS WbuC Print Name. C ROE COUTF ORNEY .QAORM: STEVEN T.WILUTAuS 10 �8I8TAtIT�I?TY ATTORNEY Date_ 1'12A I Packet Pg.2620 J.7d STATE OF P(0 0 0' -- COUNTY OF I-f i S r Oug On this 03' day ofFJJJ- 2015, before me appeared Lori Lehr, Contractor the person whose name is subscribed above, and who produced F,L 5L 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. J Notary Pu iic i LORRAINEPROVEDEL 0 Notary Public,State of Florida J Commission#FF 14301 My comm.expires May 17,2017 Z-() �1'N� t�o �e� Print Name 0 My commission expires: 0:5 I ZZ Seal r E M r 25 in r U r 0 U M 6 r N co r i N J r E U r r 11 Packet Pg.2621 J.7d EXHIBIT A SCOPE OF SERVICES SPECIFICATIONS Scope of Services: a. Contractor shall assist the County with Community Assistant Visit(CAVs)audits and J assist in writing responses to the CAVs to Federal Emergency Management Agency (FEMA). J 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 r 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. U 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 E Maximum 800 hours annually Maximum not to exceed $120,000 r No reimbursables for travel and per diem expenses r 0 U M L6 r N 00 r i N J r U r r 12 Packet Pg.2622 J.7d LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE J (Company) J r "...warrants that heAt 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, o 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 -E E M (Signature) in Date.. M r STATE OF: F110 U � ) g�COUNTY OF: l"T���S1 D r 0U Subscribed and swom to(or affirmed)before me on r.0 a ;ZO t (date) co' r I by L-&H L (name of affiant). He/She is personally �ri known to me or has produced �u� n a/a ✓fr r (type of identification)as identification. U r r LORRAINE PROVEDEL Notary Public,State of Florida NOTARY PUBLIC 5 ! .2.� Commission�F= 144301 My Commission Expires: ( � My,oomm.expires May 17.2017 13 Packet Pg.2623 J.7d NON-COLLUSION AFFIDAVIT I, L®c- hf of the city of ve r"- according to law on my oath, and under penalty of perjury, depose and say that 1. 1 am t-;-©f t V-E-h r of the firm of f► YNY" the CONTRACTOR making the Proposal for a proje described in the Request for Proposals for roe 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, J 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; U 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 0 disclosed by the bidder prior to bid opening, directly or indirectly,to any other o 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 M knowledge that Monroe County relies upon the truth of the statements contained E in this affidavit in awarding contracts for said project. r U r i re) �5 o Date: U M STATE OF: /Or I Qll, COUNTY OF: �1111Shor0LJgA L' ���.�u-tarnl -Za tSCo Subscribed and sworn to(or affirmed) before me on L r I (date)by Lo ei LcH/2--- (name of affiant). He/She is personally known to me or has produced Z— (type of identification)as identification. U r r 1& LORRMNE PROVEDEL IL vt�cA`� :Notary Public,State of Florida NOTARY PUBLIC $ commission s FF 14301 My Commission Expires: 05 14 / oamm.expires May 17,2017 14 Packet Pg.2624 J.7d 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 J employees for violations of such prohibition. 0 2. Informs employees about the dangers of drug abuse in the workplace, the J 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). U 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 -E employer of any conviction of, or plea of guilty or polo contenders to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of E 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 r assistance or rehabilitation program if such is available in the employee's U 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. M As the person authorized to sign the statement, I certify that this firm complies fully with e bove requ' nts. L6 r Date: �Gti� 15 co r STATE OF: Ho ri dn, COUNTY OF: �f 1��.�<20 rOUQ J r Subscribed and sworn to(or affirmed) before me on �� 3 .20 6 (date) by Lo i4 Liz- (name of affiant). He/She is personally known to me or has produced F-1, 12 (type of identification)as identification. r LORRAINE PROVEDEL NOTARY PUBLIC �� Notary Public,State or Florida My Commission Expires: �� commission t FF 14301 My comm.expires May 17,2017 IS Packet Pg.2625 J.7d PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity In excess of the threshold J 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." J I have read the above and state that neither �--�t P_ice r' (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. 0 U 0 r r *Dagte: -E STATE OF: r-10 ri Y,,-, COUNTY OF: r Subscribed and sworn to(or affirmed) before me on F4,1,?rLV rti 3roc . 15 (date) by Zo�, �— (name of affiant). He/She is personally known to me or has produced Flat ;de, Dr+ ✓-er 6 (type of identification)as identification. co �a LOR�0 EDEL 04 Notary Public,State of�iorida NOTARY PUIKIC commis ion 0 FF 1401 My Commission Expires: 05 ( My Comm.expires May 17,201 J r E U m r r 16 Packet Pg.2626 J.7d MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL INSURANCE REQUIREMENTS FOR J EMPLOYEE BENEFITS CONSULTING SERVICES BETWEEN MONROE COUNTY, FLORIDA AND r 0 U 0 r Prior to the commencement of work governed by this contract, the Contractor shag 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 M less than: X in $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee 0 U 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. co i 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 J 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 r statements from the fund upon request from the County. 17 Packet Pg.2627 J.7d GENERAL LIABILITY INSURANCE REQUIREMENTS FOR EMPLOYEE BENEFITS CONSULTING SERVICES BETWEEN MONROE COUNTY, FLORIDA AND J 0 J 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 r the contract and include, as a minimum: r • Premises Operations U • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability • Professional Liability • Expanded Definition of Property Damage E The minimum limits acceptable shall be: in $300.000 Combined Single Limit(CSL) U r If split limits are provided,the minimum limits acceptable shall be: M $ 100,000 per Person $ 300,000 per Occurrence $ 50.000 Property Damage L6 r An Occurrence Form policy is preferred. If coverage is provided on a Claims Made 1 co policy, its provisions should include coverage for claims filed on or after the effective r, 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. J r The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. U r r 18 Packet Pg.2628 J.7d 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 J 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 J County Commissioners has granted authorization to Risk Management to waive and modify various insurance provisions. U Specifically excluded from this authorization is the right to waive: U • The County as being named as an Additional Insured — If a letter from the r 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 E not been granted the authority to waive this provision. M And r • The Indemnification and Hold Harmless provisions r U Waiving Qf insurance provisions could expgse ft County Y4 economic Jga, 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 L6 the County Attorney who will submit the Waiver with the other contract documents for execution by the Clerk of the Courts. col r i 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. J r E U r r 19 Packet Pg.2629 J.7d 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: L6 c'tih'r 0 Contract for: —C) LeAN Address of Contractor. 3�I �i C�YI`�d.� r,�)D v'n` � 335.--19 Phone:�`1 a-l) Q 3 S- 2%r1 J5 o t( Scope of Work: e b: t* c� ( n�{`c�c�- )c�f kxi n 1' ► �', '-1 Reason for Waiver: `5oape o- World dee-s nol rcl(rwe E Policies waiver 'FrAC ►( 1 L ►C}t of- U)D r r s will applrY1 o � L, o r UJor k��S O, , -c ors Signature of Contractor. h� 0 Approved N Approv M Risk Management: 6 Date: N co County Administrator appeal: i N Approved Not Approved J Date: Board of County Commissioners appeal: a r Approved Not Approved Meeting Date: BIDDER SIGNATURE 20 Packet Pg.2630 J.7d 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. J 0 J General Liability,Including $300.000 Combined Single Limit Premises Operation U Products and Completed Operations Blanket Contractual Liability 0 Personal Injury Liability o Expanded Definition of Property Damage Vehicle Liability $60,000 per Person (Owned, non-owned and hired vehicles) $J00.000 per Occurrence � $ ,&= Property Damage E $100.000 Combined Single Limit 25 in Professional Liability $250,000 per Occurrence U $500,000 Aggregate r 0 U The Monroe County Board of County Commissioners shall be named as Additional Insured on general liability and vehicle liability policies. 6 co r N J r E U r r 21 Packet Pg.2631 J.7d EXHIBIT B EMPLOYMENT POLICIES SECTION 2 2.01 APPOINTING AUTHORITY The Board of County Commissioners shall be the appointing authority for the County Administrator and County Attorney. All other positions under the jurisdiction of the Board of County Commissioners shall be employed and supervised by the County Administrator. Employment of Division and Department Heads will require the confirmation of the Board of County Commissioners. The County Administrator will be responsible for: J A. Approval of all changes in employee status ensuring that all changes are in accordance with the Personnel J 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 s accordance with Personnel Policies and Procedures and the Pay/Classification Plan. E r- 0 U 2.02 JOSMON CONTROL 0 r c 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 M 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 in year basis do not require the prior approval of the Board of County Commissioners. The personnel in s these positions will be trained and utilized on an as needed basis before,during,or after an emergency or E disaster and will be paid for by the Hurricane Account Funds. o to 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. .c B. For training and transitional purposes,two individuals may fill a budgeted position simultaneously for up to r thirty (30) calendar days contingent on available funding. Both individuals shall accrue full benefits and be i classified as a Full-time Regular employee. ' N C. Personnel to fill approved new positions shall be appointed after the position has been evaluated,classified and assigned a pay grade. J r c 2.03 TYPES OF EMPLOYMENT E 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-Tune Regular Employee 2. Substitute Employee 3. Temporary Employee 4. Emergency Temporary Employee 5. Part-Time Employee September 17,2014 13 of 80 Packet Pg.2632 J.7d 6. Trainee 7. Contract Participation in the Social Security program and the Florida State Retirement System will be in accordance with the rules and regulations governing said programs. Any employee paid on an hourly basis will not be eligible for fringe benefits. B. Definitions of types of original employment: 1. Full-Time Regular Employee a. Full-Time Regular employment will be made to a classification for regularly budgeted J County positions,working 25 hours or more per week. J b. A Full-Time Regular employee shall be eligible for all County fringe benefits as set forth in these policies. s 2 r c. An employee serving in a full-time regular position shall be eligible for career service status r as described in Section 1.01. o .2 r c 2. Substitute Employee c a. Substitute employment may be made to fill positions for which leaves of absences are granted to a regular employee. M M r b. Substitute employment shall be only for a period of time for which the regular employee is in granted leave. 2 c. A substitute employee shall not be eligible for County fringe benefits. o to d. A substitute employee shall be exempt from career service status if employed for less than one continuous year. .c Ui 3. Temporary Employee N a. Temporary employment may be made when the work of a department requires the services cV of one or more employees on a seasonal or intermittent basis,or in a position not classified as a regular County position. J 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. U a r c. A 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 September 17,2014 14 of 80 Packet Pg.2633 J.ld considered regular employees of the County, and shall only have the rights of temporary employees as set forth in these policies and procedures, except as might be specifically set forth in the special grant or project requirements. Grant employees, who do not qualify as temporary employees,are entitled to the same benefits as a regular employee except for Career Service status, and any benefit not eligible for reimbursement under the grant funding for the position. 4. Emergency Temporary Employee a. Emergency temporary employment may be made when a short-term emergency exists. b. Emergency temporary employment may be made without regard to the person's training or experience. .c 0 c. No person shall be given one or more emergency employments for more than three (3) r calendar months. r U d. An Emergency Temporary Employee shall not be eligible for County fringe benefits. 0 e. An employee hired on an emergency basis shall be exempt from career service status. o r r 5. Part-Tune Employee An employee is to be considered part-tine if the employee works less than twenty-five(25) hours per week. The salaried part-time employee who works at least twenty (20) hours per week will accrue m 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. in r U 6. Trainee Employee r- 0 An employee appointed to fill an established position on a regular full-time or part-time basis shall be U 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) Ui 7. Contract Employee N Anyone whose employment is project specific will be a contract employee. Said employee(s)will not coattain Career Service Status. Each proposed contract will be submitted by the County Administrator c4l to the Board of Commissioners for approval. J 2.04 PROBATIONARY PERIOD A. The standard probationary period for new employees will be twelve (12) months from the date the employee begins working as a regular employee for the County. If at any time during the probationary period it is determined that the employee does not meet performance standards, the employee may be terminated without recourse. The County Administrator, or a designee,shall either. (1) approve,in writing,retention of the employee, at which time the employee shall be granted career service status: or (2) decide that the probationary period will be extended for no longer than an additional 90 days if the employee has not met performance standards : or (3) in the event the County shall fail to approve the employees' retention the employee shall automatically be separated from employment with the County,said separation being absolutely final,with no rights of appeal to any authority,including the grievance procedure contained herein. September 17.2014 15 of 80 Packet Pg.2634 J.7d Temporary employees, Federal or State Grant employees as well as employees originally hired under the CETA Program will retain their original date of hire if transferred to or hired in a regular County position for use in procedures governing fringe benefits and evaluation purposes,when applicable. Said employee must then serve the standard 12-month probationary period,before becoming eligible for career service status. B. During the probationary period,the Department Head or duly-appointed representative must observe the employee's work habits,attitude and attendance to see if continued employment in the job is desirable. C. In the event an employee receives a promotion through the promotional opportunity process, said employee will serve a 90 day probationary period, or the remainder of their original probationary period, whichever is greater. If during this probationary period the employee does not meet performance standards, he or she may be terminated without right of appeal if recommended by the Department Head and the J Division Director and approved by the Administrator, but will be able to apply for another County position `0 through the promotional opportunity system for 1 year, after which time he or she must wait until a desired r position is open to the public. r U 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 r the Department Head and Division Director and approved by the Administrator but will not serve an 0 r additional probationary period. (See Section 3.04 and 3.05.) 2.05 DEFINITION OF SERVICE A. Creditable Service shall be defined as service during which the employee was on the payroll of the County, m or on approved leave of absence without pay. M in B. An employee's continuous service date shall be established as the most recent date of hire and may not s precede the date of actual job performance. 0 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. .c 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 r begin as a new employee in all respects, except for Retirement Benefits which are governed by Florida 1 CO Statutes. i N 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. J r 2.06 ,MEDICAL EXANO NATIONS A. In order to maintain a vigorous and healthy work force the County shall require post offer medical examinations by a physician designated by the County. B. The County Administrator may require that an employee submit to a physical and/or psychiatric examination by a physician or other qualified practitioner at any time during their employment,which may include blood and/or urine testing for drug or alcohol usage. Charges for same will be the responsibility of the County. September 17.2014 16 of 80 Packet Pg.2635 J.7d Grant Programs will provide funding for medical examinations for their employees in their respective budgets. C. Should an examination result in disclosure of inability to meet the required minimum standards of the specific occupation,the results of the examination shall be reviewed by the Human Resources office and the employee's Department Head and/or Division Director. Findings and recommendations shall be forwarded to the County Administrator for final disposition. Payment of any expense incurred by the applicant/employee other than the initial examination required by the County will be the responsibility of the applicant/employee. D An employee determined to be physically or mentally unfit to continue working in his/her current classification may be terminated,but may apply through the promotional opportunity system for any available position for which said employee is determined to be qualified as well as physically and mentally fit to perform all required duties of the position. Said employee will have promotional opportunity rights for one year after J his/her termination date. 0 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. 0 2.07 BASIS FOR CHANGE OF STATUS o r r 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. M r An evaluation of the applicant's knowledge, skills,and abilities as reflected in education,experience,licensure in or certification as outlined on the employment application shall be compared to the required minimum s qualifications of the position. All applicants who appear to possess the required minimum qualifications shall 2 be evaluated according to uniform and consistently applied selection techniques established by Personnel o Policies and Procedures. These selection techniques shall be designed to provide maximum validity, U reliability, and objectivity and result in selection from among the applicants who are most qualified for the position. as In determining change of status as a result of demotion,recall from layoff or transfer, job performance shall r be the sole criterion. Job performance being equal,length of continuous service shall be the criterion. i CO r 2.09 SELECTION PROCESS 04 All interviews whether for new hire or in-house promotion must follow the interview procedures outlined in J Administrative Instruction 4705. 2.09 TRANSFERS U a r A. The County Administrator may,at any time, transfer an employee from one area to another and/or from one position to another when he determines that it is in the best interest of the operation of the County to do so. Transfers will be made by the County Administrator based upon a recommendation by the employee's Department Head and Division Director. September 17.2014 17 of 80 Packet Pg.2636 J.7d B. Employees will be notified in writing of the County Administrator's decision to transfer them. Employees who claim that a transfer is made arbitrarily and capriciously or that it is being recommended for disciplinary reasons may appeal a transfer decision pursuant to Section 10(Employee Complaint/Grievance Procedure). 2.10. EMPLOYEE TRAINING The County may require any employee to attend any and all training deemed necessary to perform his or her job duties adequately and safely. Prior to employment with Monroe County,it is the applicant's responsibility to provide proof of completion of said training requirements. Once employed, any certification or training deemed necessary for continued employment is to be paid by the individual with reimbursement made after successful completion. See 2.11,item A. J 2.11 EDUCATIONAL ASSISTANCE PROGRAM `o J A. EDUCATIONAL ASSISTANCE POL.iCY' r U 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 o employee's value and potential growth in the County service. Employees required to maintain o 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. M r B. ELIGIBILITY in r An employee will be considered eligible for participation in the Educational Assistance Program if he uT has been a full-time employee of the County for one year or more, and is so recommended by the o Supervisor and Department Head. U An exception may be made for those employees referred to in Ordinance No. 008-1987,as approved by the Board of Commissioners. .c C. APPLICATIONS r An Employee must submit the completed Request for Educational Assistance Form to the immediate oo Supervisor and Department Head for approval prior to the employee enrolling in the course. 1 The Department Head shall review the employee's eligibility to participate in the Educational J 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. r Q Upon completion of the course, the employee shall submit to the Department Head the proof of successful completion. The tuition and textbook receipts, the Audit Slip or Purchase Order and the proof of successful completion will be sent to the Finance Department for processing. A copy of all 'See Florida Statutes 112.063 September 17.2014 18 of 80 Packet Pg.2637 J.7d the documentation will be sent to the Human Resources office and placed in the employee's personnel file. D. TIME OFF FROM WORK Qualified employees may be permitted time off from work with pay to attend educational training classes or seminars which are related to their job duties but which are not available during non- working hours,if approved by the applicable Department Head and/or Division Director. Allowable time off will be restricted to a maximum of 160 hours in any calendar year unless specifically otherwise approved by the County Administrator. Employees are attending this training on a volunteer basis and time allowed for attending such training M does not constitute hours worked for the purpose of computing required overtime payments. J .c 0 E. REIMBURSEMENT r 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, o textbooks, online access fees, distance learning fees, and lab fees to the Department. Requests for o 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. m 3. Reimbursement for tuition will be made only to employees who are on the active payroll when E payment is due. in r 4. Where tuition is covered under benefits from the Veterans Administration or a philanthropic source, qualified employees may participate only in the "time off from work" feature of the o program. 5. Reimbursement under the Educational Assistance Program constitutes income to the employee. ` a The County must withhold taxes from this income and report to government agencies in the L6 same manner.nn N 6. Employees must provide their own transportation to and from training. COI ri N 7. Refunds shall be limited subject to the availability of funds and the number of participants in the program. J r 8. This program may be amended or terminated at any time, however, such amendment or termination will not affect any courses of study previously approved. U a r F. CONDITIONS OF REIM&ME_MFNT Employees who obtain reimbursement for any educational assistance program shall remain with the County at least one (1) year after completion of courses, otherwise any reimbursement which was made by the County to the employee shall be refunded to the County, if the employee terminates within less than one (1) year from date of completion of educational assistance courses. Further September 17.2014 19 of 80 Packet Pg.2638 J.7d funding to the County shall be accomplished by deducting all reimbursement due from the employee's final paycheck. 2.12 EMPLOYEE SAFETY It is the responsibility of the County to promote and pursue a safe and healthy environment for all employees. Monroe County has a viable safety program administered and enforced by the Monroe County Safety Officer according to the Safety Policies and Procedures adopted by the Board of County Commissioners. Employees will observe all safety rules and regulations established by the State of Florida and County Government. Division Directors,Department Heads and Supervisors are responsible for the observance of those rules within their jurisdiction. Failure to comply may result in disciplinary action. J 2.13 PROMOTIONAL OPPORTUNITIES J 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 ro- of the County to waive this rule, prior approval of the appropriate Division Director(s) and the County o 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. M r 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 2 all in-house applications to the Department with the vacancy for consideration. o to 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 m .c 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 i seven (7)day period is to be considered a priority. In the event the Promotional Opportunity is not received co within the seven (7) day period,the in-house employee shall lose preferential treatment. N D.Eligible veterans and spouses of veterans will receive preference in initial employment pursuant to Florida's J Veterans' Preference Law (Chapter 295, Florida Statutes), with the exception of those positions which are exempt under said law. 2.14 EQUAL OPPORTUNITYPOLICY r Q A. The County is firmly committed to equal employment opportunity, and does not discriminate in any employment-related decisions on the basis of race, color, religion, national origin, sex, sexual orientation, gender identity or expression,age,disability or other similar factors that are not job-related. The County's policy of equality of opportunity applies to all organizational levels of the County and to all job classifications. It is the responsibility of each elected or appointed public official, Division Director, September 17.2014 20 of 80 Packet Pg.2639 J.7d Department Head and Supervisor to give the County's non-discrimination policy full support through leadership,and by personal example. In addition,it is the duty of each public official and each employee to help maintain a work environment which is conducive to, and which reflects, the County's commitment to equal employment opportunity- B. All personnel actions shall be based solely on ability and fitness of the individual. C. The Human Resources office shall see that information about job opportunities is readily available to all employees and citizens of the County, and a continuing program shall be conducted to make the Equal Employment policies known to all citizens of the County. D. In this capacity, the Human Resources office will be responsible for anticipating problems, formulating M solutions, presenting complete analysis of alternatives and recommended corrective actions and coordinating J the recommended actions with public officials,Division Directors,Department Heads and employees. J 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. s 2 r This policy is specifically included and will be a continuing and essential component of the Personnel Policies o U and Procedures. O r E. Harassment of any kind is prohibited and will not be tolerated. A violation of this policy will subject an employee to disciplinary action,up to and including termination of employment. Any violation which cannot be remedied through the disciplinary process set forth in these policies and procedures may be considered by the Board of County Commissioners for any other avenues legally available, such as, but not limited to, m 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. in r U Harassment is defined as verbal or physical conduct which: 2 1. Denigrates or shows hostility or aversion toward an individual because of his or her race, color, o religion,gender,national origin,age,veteran status,marital status, familial status,sexual orientation, to 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, r 4. Otherwise adversely affects an individual's employment opportunities. i Prohibited harassing conduct includes, but is not limited to, epithets, slurs, jokes, negative stereotyping, or co threatening,intimidating or hostile acts that relate to race, color,religion,gender,age,national origin,veteran c4l 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 J 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: M 1. Unwelcome sexual advances; 2. Requests for sexual favors; 3. Verbal or physical conduct of a sexual or otherwise offensive nature,particularly where: a. submission to such conduct is made, explicitly or implicitly, a term or condition of employment; b. submission to or rejection of such conduct is used as a basis for decisions affecting an individual's employment;or September 17.2014 21 of 80 Packet Pg.2640 J.7d c. such conduct has the purpose or effect of creating an intimidating, hostile or offensive working environment. 4. Sexually offensive jokes,innuendoes,and other sexually oriented statements or behavior. If an individual experiences or observes any form of harassment of an employee by any person (regardless of the offender's identity or position),he/she is required to promptly report the incident to a Division Director, Department Head, the Human Resources Administrator or the County Administrator. Division Directors and Department Heads are responsible for promptly reporting the allegations or concerns to the Human Resources Administrator or the County Administrator. (It is encouraged that the individual put such a complaint in writing). If the complaint is about the County Administrator or any other person whose official or political position leads an employee to believe that the complaint may be ignored or handled improperly, the individual who experiences or sees any prohibited form of harassment which he/she is required to report M may report the conduct to a county commissioner,who shall see that it is properly processed by staff in an J objective manner. The complaint will be immediately investigated and kept confidential to the extent .S possible. Individuals who make complaints have an obligation to assist and cooperate with the County's r investigation. r cs 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 o the offender,up to and including termination. If the harassment involves a third party such as a contractor, o vendor,supplier,or other visitors to County buildings or the workplace, that person may be barred from the premises. The County prohibits any form of retaliation or coercion (including intimidation, interference or discrimination for lodging a bona fide complaint under this policy or for assisting in the investigation of a m 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 o that the individual put such a complaint in writing. The complaint will be immediately investigated and kept U 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 'fix 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 uJ 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 co extent legally possible. Any bona fide complaint will in no way be used or held against an employee (or non- l 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 polity should be addressed to Human Resources. U a F. If one believes that the County has violated the equal opportunity policy,as stated in this section,he/she should submit a written complaint to the EEO Coordinator. The EEO Coordinator shall investigate the complaint and respond to the complaint. September 17,2014 22 of 80 Packet Pg.2641 J.7d 2.15 EhRLO _ E RECOGNITION A-EMPLOYEE OF THE QUARTER/YEAR PROGRAM Monroe County has established an Employee Service Award which is designed to recognize employees who demonstrate superior performance and dedication to their work which is above and beyond the call of duty. (See Monroe County Administrative Instruction Series 4000.) The employee selected for the quarter shall be awarded a $300 one time lump sum payment and an appreciation plaque. The employee of the year shall receive a one-time lump sum payment of$3,000 and an appreciation plaque. B-YEARS OF SERVICE PROGRAM Monroe County has established a program to recognize County employees who have been in the County J Service for Five, Ten, Fifteen, Twenty, Twenty-five, Thirty, and Thirty-five years. Grant and part-time J employees will be eligible for the years-of-service program. r 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 o for completing and providing a letter of recognition to the employee along with providing a copy to Human o Resources to be placed in the employee's personnel file,noting the years of service and the award that will be given. Payment of the award will be distributed as outlined below and will be included in the employee's paycheck. A letter to the Payroll Department will be completed by the Division informing Payroll what the amount of the award shall be and a copy of the letter provided to Human Resources to be placed in the employee's personnel file. It is the Division's responsibility to discuss the presentation opportunity with the m 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 o a lump sum payment to the employee: U a-For 5 years of service,a decorative pin and a$100.00 award; r_ b-For 10 years of service,a decorative pin and a$175.00 award and recognition at the BOCC Meeting; ' a 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; r e-For 25 years of service,a decorative pin and a$500.00 award and recognition at the BOCC Meeting; i f- For 30 years of service,a decorative pin and a$1,000.00 award and recognition at the BOCC co Meeting; g—For 35 years of service,an engraved Lucite desk clock and a$1,500.00 award and recognition at the BOCC meeting. J r C. EMPLOYEE SUGGESTION PROGRAM The employee suggestion program is designed to incentivize ideas by providing monetary awards to 'M employees who provide suggestions. (See Monroe County Administrative Instruction Series 4010). All employees are eligible to submit suggestions with the exception of the County Administrator,Deputy County Administrator,and the County Attorney. The suggestion shall be submitted on the appropriate form and submitted to the Human Resources Administrator for appropriate routing. Once the Department Head has properly reviewed the suggestion,it will be forwarded to a Committee consisting of all four Division Directors and the Deputy Administrator or September 17,2014 23 of 80 Packet Pg.2642 J.7d 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 J • Improvement in public relations 0 J • Improvement in public service without increased cost r 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 0 • Matters requiring legal adjudication requiring legislative or court action other than by County ordinance o • 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 M • Solution to a problem which is already within the scope of the duties, assignments and responsibilities of the employee's position • Suggestions that involve work hours and other conditions of employment cs • Suggestions or changes in procedures,new buildings,equipment,and installations in operation less than 2 r 12 months, since such ideas generally cover items that are part of the normal trial-run adjustments which ordinarily are made within that time U • 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 LO • Suggestions which would impose new or additional taxes or fees for revenue purposes N • Petition or anonymous suggestion col • Ideas which involve State,Federal or Local Grant funds i • Matters within the scope of collective bargaining Eligible suggestions will be considered for an award when they are implemented or when an implementation r 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. U Tangible: Suggestions that generate measurable,identifiable savings will receive a lump sum award of • 10%of the first year's savings with a maximum of$2,500 • The minimum award shall be$50.00 Suggestions where a savings cannot initially be accurately determined upon implementation: September 17,2014 24 of 80 Packet Pg.2643 J.7d • Partial award of 5% of the estimated savings up to a maximum of$1,000. After the first year's savings can be accurately determined,the employee will receive an additional amount up to 10%of the total of the first year's savings which shall not exceed$1,500. Intangible: Suggestions that significantly improve the quality of work life or have an overall benefit but do not generate measurable, identifiable savings or income, or suggestions that significantly improve customer service. Suggestions may involve improvements in working conditions,changes in procedures,improved morale,public relations,employee health or safety. • A minimum award of$25 with a maximum award of$1,000. The amount of the award shall be recommended by the Committee and approved by the County Administrator. The awardee(s)shall be recognized at a Board of County Commissioner's meeting. J .c 0 J r r U 0 r c 0 U 0 r r c c E M M r 25 in r U r c 0 U M c .c Ui r N 00 r i N J r c E M U r r Q September 17,2014 25 of 80 Packet Pg.2644 J.7d DATE(MMIDD/YYYY) ACORD CERTIFICATE OF LIABILITY INSURANCE 02/02,2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(iss)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME: PHONE 888 202-3007 a No: FAX Hiscox Inc. ( ) 520 Madison Avenue E-MAIL contact@hiscox.com 32nd Floor INSURER(S)AFFORDING COVERAGE NAIC rI New York,NY 10022 INSURERA: Hiscox Insurance Company Inc 10200 INSURED INSURER 8: Lori Lehr INSURERC: J 3441 Pittman Road INSURER D: y® INSURER E: J Dover FL 33527 INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, M EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I TYPE OF INSURANCE INSD WVD PULPOLICY NUMBER MMIDIDY/YYYY MM/DDIYYYY LIMITS O LT. LTR () X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 _ 0 19 OCCUR PREMISES DAMAGE RENTED 100,000 CLAIMS-MADE PREMISESS(Ea occurrence $ MED EXP(Any one person) $ 5,000 A Y UDC-1538299-CGL-15 02/02/2015 02/02/2016 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PEA - LOC PRODUCTS-COMP/OPAGG $ S/TGen.Ag . OTHER: $ M AUTOMOBILE LIABILITY Ee_ideDtSINGLE LIMIT $ r ANY AUTO BODILY INJURY(Per person) $ K ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTONON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident L) p GEM" $ r UMBRELLA LIAB OCCUR D EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE WA � AGGREGATE $ � DED RETENTION$ SER OTH- $ WORKERS COMPENSATION STATUTE ER AND EMPLOYERS'LIABILITY ANYPROPRIETORIPARTNER/EXECUTIVE Y❑ E.L.EACH ACCIDENT $ OF FICER/MEMBEREXCLUDED? NIA', i (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under E.L.DISEASE-POLICY LIMIT $ U) DESCRIPTION OF OPERATIONS below r N 00 r DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) NI The Monroe County Board of County Commissioners are additional insureds on the Hiscox General Liability Policy UDC-1 538299-CGL-1 5. J r E CERTIFICATE HOLDER CANCELLATION U r The Monroe County Board of County Commissioners 1100 Simonton Street SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Key West,FL 33040 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZEDREPRESENTATIVE 1j 2 V{ 01988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD Packet Pg.2645 Community Rating System 6t" Amendment to Lori Lehr contract: Allows for an $1,800 cost reduction between FY20 and FY21 ($327,525 down to $325,725) and a time extension for Class 4 application Projected CRS Class 4 (30% discount to policy holders) on May 1, 2021 Work tasks include: * Project Management Drainage Maintenance Planning (commencing after October 1, 2020) * Class 4 ISO Verification Visit * Substantial Damage (used if County is hit by a storm and we have to conduct damage assessments) * Drafting ordinances to amend Monroe County Code Chapters 122 and 6 to be more consistent with State of Florida model ordinances that can be considered one or more companions to the Florida Building Code * Community Rating System Program Management Support Services - Local Mitigation Strategy Update - Annual Review of Elevation Certificates required for recertification - Repetitive Loss Annual Report - Program for Public Information (PPI) Management - CRS Annual recertification Processes and Submission 1 CRS Credit Point Structure and Premium Reduction premium Reducti©r� Class: . Credit '©ants < ln'SHA . . :OutsMde SFHA . 1 4,500+ 45% 10% 2 4,000-4,499 40% 10% 3 3,500-3,999 35% 10% . : . , 4 ...:::: o ....:...::: < < 4 ....:... 5 2,500-2,999 25% 10% 6 21000-21499 20% 10% 7 1,500-1,999 15% 5% 8 1,000-1,499 10% 5% 9 500-999 5% 5% 10 0-499 0% 0% History of CRS Participation and Discount D t Y r.... :: ... CR C a T© a Sawn s C m t v n s l u a e ea S 1 s scaun ...:.:. Sa s I . .. . i. . ...... PO c. Y.. 10/1/2017 Class 6/20% $233 $3,629,670 $3,629,670 10/1/2018 Class 5/25% $350 $5,135,345 $8,765,015 10/1/2019 Class 5/25% $350 $5,135,345 $13,900,360 10/1/2020 Class 5/25% $350 $5,135,245 $19,035,605 10/2/2020- 4/30/2021 (6 months) Class 5/25% $372* $2,602,535 $21,638,140 GRAND TOTAL $21,638,140 L O ., GRA D T T L 27 U N O A 'fl 3 Community Rating System Consulting Contract/ Savings Return on Investment Consultant Costs (2016 through 9/30/21) $ 904,000 Cumulative Savings to Community (2017 through 9/30/21) $ 21,000,000 Return on Investment: 2223% Expected savings to community as of 9/30/22 : $31,278,000 Return on Investment as of 9/30/22 * : 3359% * Assuming consultant costs remain $904,000 CRS Tasks and Timeline for Class 4 GOAL Adopt Repetitive Work with ISO to complete CRS Class 4 Loss Analysis CRS Verification Effective February 2020 August- December 2020 May 1, 2021 300%0 Discount ISO Verification Visit Draft Verification for CRS Class 4 Report from ISO August 2020 January 2021 Examp le Future Discounts for CRS Class 4 ANNUAL SUBTOTAL: $2,226.00 ANNUAL SUBTOTAL: $7 0� DEDUCTIBLE DISCOUNT/SURCHARGE: $0.00 SRL PREMIUM -. 5% ICC PREMIUM: $56.00 INCREASED COST OF COMPLIANCE: $49�00 11 - - - COMMUNITY COMMUNITY RATING DISCOUNT: SUB Q:57 1.0 COMMUNITY RATING DISCOUNT* R54S tsq,919.88�RESERVE FUND ASSESSMENT: 15.0% $861.00 TOTAL: $1,711.00 PROBATION SURCHARGE: $0.00 RESERVE FUND ASSESSMENT: $257.00 ANNUAL PREMIUM: $6 600.00 PROBATION SURCHARGE: $0.00 HFIAA SURCHARGE: $25 00 FEDERAL POLICY SERVICE FEE- $50i00 FEDERAL POLICY SERVICE FEE: $50.00 HFIAA SURCHARGE- $ 5.00 TOTAL: $6,675.00 Community Rating Discount 30% = $2,296 TOTAL WRITTEN PREMIUM AND FEES: $2,043.00 ICommunity Rating Discount 30% $685