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Item J5 J5 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting October 16, 2024 Agenda Item Number: J5 2023-3096 BULK ITEM: Yes DEPARTMENT: Building and Permitting TIME APPROXIMATE: STAFF CONTACT: Ed Koconis N/A AGENDA ITEM WORDING: Eleventh Amendment to Monroe County's Contract for National Flood Insurance Program (NFIP), Floodplain Regulations, and Community Rating System(CRS) Professional Support Services with Lori Lehr, related to assisting with coordination of elimination or amendment to Remedial Plan, with an estimated cost of$15,000, which therefore amends the total compensation not to exceed amounts to $298,500 composed of$99,750 for Fiscal Year 2025 and $198,750 for Fiscal Year 2026. ITEM BACKGROUND: NFIP policy holders in unincorporated Monroe County began receiving a CRS Class 3 (35%) annual savings starting April 1, 2022. To maintain the CSR Class 3, the County must have an ongoing process to maintain the CRS program. This includes addressing changes to the CRS program. Ms. Lehr is working on maintaining the annual tasks required as well as updating CRS related activities pursuant to the current CRS Coordinator's Manual for the 2026 Verification for Class 3. The efforts of Ms. Lehr have assisted Monroe County on its rise from a Class 6 (20% discount)with annual savings of about $3.6 Million to policyholders in 2017/2018 to its current Class 3 (35%) annual savings of about $7.5 Million. Total savings to policyholders since October 2017 have well exceeded $30 Million. This Eleventh Amendment adds Project 9 - Assist with coordination of elimination or amendment to Remedial Plan, which services include, but are not limited to, working with County staff and FEMA to eliminate or amend the Remedial Plan as it relates to development within unincorporated Monroe County, with an estimated cost of$15,000, which therefore amends the total compensation not to exceed amounts to $298,500 composed of$99,750 for Fiscal Year 2025 and $198,750 for Fiscal Year 2026. PREVIOUS RELEVANT BOCC ACTION: February 18, 2015 - Awarded two-year contract to assist Monroe County with FEMA Community Assistance Visit(CAV) audits and responses thereto; upon County eligibility to apply for CRS, 4710 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, 2020 - Sixth Amendment revised projects necessary for application for Class 4 which would have yielded a 30% discount for policy holders. These projects resulted in Monroe County being eligible for, and becoming a Class 3 community, on April 1, 2022. July 17, 2024 - Tenth Amendment updating required contract language, extending the term of the contract, updating projects and setting compensation for FY 2025 and 2026, adding project for post- storm damage assessment services. INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: Eleventh Amendment for FY25 - FY26 to adjust both the Scope of Services and Compensation as described in Exhibit A. STAFF RECOMMENDATION: Approval. DOCUMENTATION: 1 Ith Amendment Exhibit A.pdf Affidavit Attesting to Noncoercive Conduct for Labor and Services F.S. 787.06.pdf 2024 06 C01 GL & FL exp 4 25 25 signed.pdf Request_for_Waiver_of Insurance_Require ent.pdf DRAFT Lori Lehr 1 Ith Amendment cay stamp signed.pdf FINANCIAL IMPACT: Total Value of Contract is not to exceed $298,500; with FY25 $99,750 and FY26 $198,750. Source of Funds is Fund 180. 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Vendor FEIN: 81-1401221 Lori Lehr Vendor's Authorized Representative: (Name and Title) Address: 15175 Stringfellow Rd,#47 City: Bokeelia State; FL Zip: 33922 Phone Number: 727-235-3875 Email Address: lori@lorilehrinc.com As a nongovernmental entity executing, renewing, or extending a contract with a government entity, Vendor is required to provide an affidavit under penalty of perjury attesting that Vendor does not use coercion for labor or services in accordance with Section 787.06, Florida Statutes. As defined in Section 787.06(2)(a), coercion means: 1. Using or threating to use physical force against any person; 2. Restraining, isolating, or confining or threating to restrain, isolate, or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or service are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; 5. Causing or threating to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule II of Section 893.03 to any person for the purpose of exploitation of that person. As a person authorized to sign on behalf of Vendor, I certify under penalties of perjury that Vendor does not use coercion for labor or services in accordance with Section 787.06. Additionally, Vendor has reviewed Section 787.06, Florida Statutes, and agrees to abide by same. Certified By: Lori Lehr , who is authorized to sign on behalf of the above referenced company. Authorized Signature: C.. Print Name: Lori Lehr Title: President 4714 DATE(MM/DD/YYYY) ACORD® CERTIFICATE OF LIABILITY INSURANCE 06/27/2024 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(ies) must have ADDITIONAL INSURED provisions or 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). PRODUCER CONTACT NAME: HISCOXInc. PHONE $$$ 202-3007 FAX 5 Concourse Parkway -MA Lo Ext: ( ) vc No Suite 2150 ADDRESS: contact@hiscox.com Atlanta GA, 30328 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Hiscox Insurance Company Inc 10200 INSURED INSURER B LOCI Lehr Inc. INSURER 7 901 Walden Pond Drive Plant City, FL 33563 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 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, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICPOLICY NUMBER MM/DDY EFF MM/pY EXP LIMITS LTR X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DA CLAIMS-MADE � OCCUR PREM SESOEa occurrDence $ 100,000 MED EXP(Any one person) $ 5,000 A Y Y P100.226.922.6 04/25/2024 04/25/2025 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 2,000,000 X POLICY JE� LOC PRODUCTS-COMP/OP AGG $ S/T Gen.Agg. OTHER: $ AUTOMOBILE LIABILITY COMBINEDSINGLELIMIT $ APPROVED BY RISK MANAGEMENT Ea accident ANY AUTO BY �, � ,? BODILY INJURY(Per person) $ ALL AUTOS OWNED CHEDAUTOS DATE DATE 7/1/2024 ww-^" BODILYINJURY(Peraccident) $ NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS WAIVER N/A YES Per accident $ UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICE R/M EMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liability Y P100.226.114.6 04/25/2024 04/25/2025 Each Claim:$2,000,000 Aggregate:$2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) CERTIFICATE HOLDER CANCELLATION Monroe County BOCC 1 100 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. AUTHORIZED REPRESENTATIVE i yJ F @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 4715 cfl ti 2018 EdWon 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. ContractorNendor: Lori Lehr Inc. Project or Service ' UW95Y Ig .. .... ... ..... ContractorNendor ,eeha,,FL 33922 Address&Phone#• w15175 Strm e ow R #47 Bo ,,,, S General Scope of Work: ommunity Rm stem Support Services ------------------------- at p equirements Reason for Waiver or Exempt from Worker's Compensation R Modification: Policies Waiver or Modification will apply to: Worker's ompensatton Signature of ContractorNendor: Date; Approved .nrrr. Not Approved �,rrrr�,�rrrrrrrmmrrrrrrrrr. Risk Management Signature: Date: 71 .JQ.2� County Administrator appeal: Approved: Not Approve& Date:. Board of County Commissioners appeal: Approved Not Approved Meeting Date: Administrative Instruction 7500.7 1,04 ELEVENTH AMENDMENT TO MONROE COUNTY'S CONTRACT FOR National Flood Insurance Program (NFIP),Floodplain Regulations,and Community Rating System (CRS) Professional Support Services THIS ELEVENTH AMENDMENT is made and entered into this day of between MONROE COUNTY ("COUNTY"), a political subdivision of the State of Florida, and Lori Lehr ("CONTRACTOR"). WITNESSETH: 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 WHEREAS, the parties executed Amendment No. 2 to the existing Contract for National Flood Insurance Program (NFIP), Floodplain Regulations, and Community Rating System (CRS) Professional Support Service on October 19, 2016; and WHEREAS, the parties executed Amendment No. 3 to the existing Contract for National Flood Insurance Program (NFIP), Floodplain Regulations, and Community Rating System (CRS) Professional Support Service on September 27, 2017; and WHEREAS, the parties executed Amendment No. 4 to the existing Contract for National Flood Insurance Program (NFIP), Floodplain Regulations, and Community Rating System (CRS) Professional Support Service on March 21, 2018; and WHEREAS, the parties executed Amendment No. 5 to the existing Contract for National Flood Insurance Program (NFIP), Floodplain Regulations, and Community Rating System (CRS) Professional Support Service on November 20,2019; and WHEREAS, the parties executed Amendment No. 6 to the existing Contract for National Flood Insurance Program (NFIP), Floodplain Regulations, and Community Rating System (CRS) Professional Support Service on September 16,2020; and WHEREAS, the parties executed Amendment No. 7 to the existing Contract for National Flood Insurance Program (NFIP), Floodplain Regulations, and Community Rating System (CRS) Professional Support Service on September 15, 2021; and WHEREAS, the parties executed Amendment No. 8 to the existing Contract for National Flood Insurance Program (NFIP), Floodplain Regulations, and Community Rating System (CRS) Professional Support Service on March 15, 2022; and WHEREAS, the parties executed Amendment No. 9 to the existing Contract for National Flood Insurance Program (NFIP), Floodplain Regulations, and Community Rating System (CRS) Professional Support Service on October 19, 2022; and Page 1 of 3 4717 WHEREAS, the parties executed Amendment No. 10 to the existing Contract for National Flood Insurance Program (NFIP), Floodplain Regulations, and Community Rating System (CRS) Professional Support Service on July 17, 2024; and WHEREAS, the parties seek to amend the Contract to include additional Professional Support Services provided by Contractor, to assist with coordination of elimination or amendment of the Remedial Plan. NOW THEREFORE, in consideration of the mutual promises contained herein, the Agreement is amended as follows: Section 1. Recitals and Legislative 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 FY 24—FY 26—Exhibit A-which is attached hereto and made part of this Agreement. Project 9: Assist with coordination of elimination or amendment to the Remedial Plan, which services include,but are not limited to, working with County staff and FEMA to eliminate or amend the Remedial Plan as it relates to development within unincorporated Monroe County. 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 for all services under this Agreement.CONTRACTOR,as depicted in Exhibit A,may invoice in FY25 $99,750 and FY26 $198,750 for a not to exceed amount of$298,500 for the duration of the Agreement, except that in the event of a County-declared state of emergency, the CONTRACTOR may be authorized through written correspondence from either the County Administrator or the Building Official, to perform Project 8 Damage Assessment up to an amount of $100,000, per fiscal year, with accompanying written authorization, after which amount an Amendment to this Contract would be required. 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 by this Amendment, and continue in full force and effect. Page 2 of 3 4718 V& 11 FUSS ITHTFOK cach pary"auscd Als Amendment to Agrea,,nicnt be c'xccuted lby it,'J""'11"', d rc c A I B0,XRD OF MAIN CONTMISSIONE',RS Of," MON1401: COLINTY, ULORIDA AttesC, l(EVIN %L,-VD0K,('lTAU( ()VNIONROF (I-)UN'll", FLORIDA .......... ............. '��cr k llofly Raschein CONSL Attest N S I I'A? V� I ............ SWnmww n�l ...........(e. ............... c 44 ........... A P PRC)V LA'D A S 'I() FOR M P"I'll, ljlD`,,lllpll— Kelly Dulgan KI-AAADUCAN ASTSTANT Cl M 14 M( ATFORNEY We 3 of 3 4719