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Item G04M C ounty of f Monroe ELj » °o � BOARD OF COUNTY COMMISSIONERS /� r i � �� Mayor George Neugent, District 2 The Honda, Ke Se y I Mayor Pro Tern David Rice, District 4 Danny L. Kolhage, District I Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting November 14, 2017 Agenda Item Number: G.4 Agenda Item Summary #3527 BULK ITEM: Yes DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Steve Williams (305) 289 -2584 N/A AGENDA ITEM WORDING: Approval of Amendment No. 5 to the contract with M.T. Causley, Inc., to modify Section II, Scope of Services, to add emergency protective measures following Hurricane Irma. ITEM BACKGROUND: At the March 19, 2014 BOCC meeting, the Board approved a contract with M.T. Causley as the external provider of professional services for plan review, inspection services and development review for the Growth Management Division. On September 10, 2017 Hurricane Irma, a Category 4 hurricane, made landfall in the Florida Keys causing substantial damage to and loss of property. Monroe County is in need of additional staff to assist with emergency protective measures as a result of Hurricane Irma. Amendment No. 5 to the contract will modify Section 11, Scope of Services, to add emergency protective measures following Hurricane Irma. PREVIOUS RELEVANT BOCC ACTION: January 20, 2016, BOCC approved Amendment No. 4. CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval of Amendment No. 5 DOCUMENTATION: REVISED MT Causley 5th Amendment (effective date 9/5/2017) M.T. Causley Contract with amendments 1 -4 FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Grant: County Match: Insurance Required: Additional Details: If yes, amount: REVIEWED BY: Steve Williams Completed 10/30/2017 2:34 PM 10/30/2017 6:33 PM Completed Bob Shillinger Completed Assistant County Administrator Christine Hurley 10/30/2017 6:35 PM Mayte Santamaria Completed Kathy Peters Completed Board of County Commissioners Pending 10/30/2017 6:38 PM 10/31/2017 8:34 AM 11/14/2017 9:00 AM AMENDMENT No. 5 TO CONTRACT FOR PROFESSIONAL SUPPORT SERVICES FOR PLAN REVIEW, INSPECTION SERVICES AND PLANNING /ZONING DEVELOPMENT REVIEW This Amendment No. 5 to Contract for Professional Services (Amendment) is entered into this 14 day of November, 2017 between Monroe County, Florida (County) and M. T. Causley, Inc. (Consultant). WITNESSETH: WHEREAS, the parties entered into a Contract for Professional Support Services for Plan Review, Inspection Services and Planning /Zoning Development Review (Contract) on March 19, 2014; and WHEREAS, the parties executed Amendment No. 1 to the existing Contract for Professional Services for Plan Review, Inspection Services and Planning /Zoning Development Review on August 20, 2014; and WHEREAS, the parties executed Amendment No. 2 to the existing Contract for Professional Services for Plan Review, Inspection Services and Planning /Zoning Development Review on February 18, 2015; and WHEREAS, the parties executed Amendment No. 3 to the existing Contract for Professional Support Services for Plan Review, Inspection Services and Planning /Zoning Development Review on March 18, 2015; and WHEREAS, the parties executed Amendment No. 4 to the existing Contract for Professional Support Services for Plan Review, Inspection Services and Planning /Zoning Development Review on January 20, 2016; and WHEREAS, the Monroe County Mayor declared a State of Local Emergency on September 5, 2017 due to Hurricane Irma, a "threat of danger to the populace inhabiting Monroe County" and that the County "may require expedient action in order to protect the health, safety and welfare of the community;" and WHEREAS, Hurricane Irma, a Category 4 hurricane, made landfall in the Florida Keys on September 10, 2017, causing substantial damage to and loss of property; and WHEREAS, the Monroe County Mayor issued other declarations a State of Local Emergency on September 13, 2017, September 20, 2017, September 25, 2017, September 26, 2017, October 3, 2017, and October 11, 2017, due to Hurricane Irma, a "threat of danger to the populace inhabiting Monroe County" and that the County "may require expedient action in order to protect the health, safety and welfare of the community;" and 1 WHEREAS, Monroe County experienced a natural disaster, Hurricane Irma, which caused significant damage to residences, businesses and infrastructure throughout the County; and WHEREAS, Monroe County is in need of additional staff to assist with necessary emergency protective measures as a result of Hurricane Irma; NOW, THEREFORE the parties agree as follows: 1. The Contract is modified in Section II, Scope of Services, to add services including emergency protective measures following Hurricane Irma. 2. Termination 2.1 hl the event that the CONSULTANT shall be found to be negligent in any aspect of service the COUNTY shall have the right to terminate this agreement after five days written notification to the CONSULTANT. 2.2 Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. 2.3 Termination for Cause and Remedies: hl the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONSULTANT should CONSULTANT fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONSULTANT with five (5) calendar days' notice and provide the CONSULTANT with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONSULTANT, COUNTY shall pay CONSULTANT the sum due the CONSULTANT under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONSULTANT shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2 -721 et al. of the Monroe County Code. 3. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon one (1) weeks' notice to CONSULTANT. The COUNTY may also terminate this agreement for cause with CONSULTANT should CONSULTANT fail to perform the covenants herein contained at the time and in the manner herein provided. hl the event of such termination, prior to termination, the COUNTY shall provide CONSULTANT with five (5) calendar days' notice and provide the CONSULTANT with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONSULTANT, COUNTY shall pay CONSULTANT the sum due the 2 CONSULTANT under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONSULTANT shall not exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2 -721 et al. of the Monroe County Code. 4. Nondiscrimination /Equal Employment Opportunity. CONSULTANT and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONSULTANT or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the basis of race, color or 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 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 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 Note), 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; 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. During the performance of this Agreement, the CONSULTANT, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964 -1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶ C, agrees as follows: 4.1 The consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their 3 race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 4.2 The consultant will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 4.3 The consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the consultant's legal duty to furnish information. 4.4 The consultant will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the consultant's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4.5 The consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 4.6 The consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7 In the event of the consultant's non - compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. as �a 0 U 0 Ui 0 Z E as M 5. Federal Contract Requirements. The CONSULTANT and its subcontractors must follow the provisions as set forth in 2 C.F.R. §200.326 and 2 C.F.R. Part 200, as amended including but not limited to: 5.1 Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § §7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § §1251 -1387) and will reports violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). Davis -Bacon Act as amended (40 U.S.C. § §3141- 3148). When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of $2,000 awarded by non - Federal entities must comply with the Davis -Bacon Act (40 U.S.C. § §3141 -3144, and § §3146 -3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction "). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. If applicable, the COUNTY must place a current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the contractors must also comply with the Copeland "Anti- Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States "). As required by the Act, each contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate E instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. 5.2 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701 - 3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 5.3 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 5.4 Clean Air Act (42 U.S.C. 7401- 7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), as amended — Contracts and subgrants of amounts in excess of $150,000 must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 5.5 Debarment and Suspension (Executive Orders 12549 and 12689) —A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide 0 exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 5.6 Byrd Anti - Lobbying Amendment (31 U.S.C. 1352)— Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non - Federal award. 5.7 Compliance with Procurement of recovered materials as set forth in 2 CFR § 200.322. CONTRACTOR must comply with section 6002 of the Solid Waste disposal Act, as amendment by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designed in guidelines of the Environmental Protection Agency (EPA at 40 CPR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 6. Other Federal Requirements. 6.1 Americans with Disabilities Act of 1990 (ADA) – The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 6.2 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR and subcontractors shall 7 not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 6.3 The Contractor shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 7. This Amendment No. 5 is retroactively effective to September 5, 2017 and is hereby incorporated into and made a part of the Contract for Professional Support Services for Plan Review, Inspection Services and Planning /Zoning Development Review entered into on March 19, 2014. 8. All other provisions are to remain the same, except for those included in Amendment No 1, Amendment No. 2, Amendment No.3, and Amendment No. 4 to the Contract. M.T. CAUSLEY, INC. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Michael T. Causley, President Date Witness Witness STATE OF FLORIDA COUNTY OF MONROE George Neugent, Mayor ATTEST: Kevin Madok, Clerk Deputy Clerk On this day of October 2017 before me appeared Michael T. Causley, President of M.T. Causley, Inc., the person whose name is subscribed above, and who produced as identification, or is personally known to me, and acknowledge that he is the person who executed the above Contract for the purposes therein contained. Notary Public Print Name My commission expires: >t as U) 0 Ui 0 z (D E as E T as w iZ 04 as as Ul) E E LO M M Ca LU CO 5; LU as E 1 lye] WrO111INNIM11 a T • 110 DI Meeting Date: JebruM 10, 2016 Department: - ARM99 — Bulkltem: Yes _?�— No _ Staff Contact /Phone 4: Christine Hurley, Ext. 2517 AGENDA ITEM WORDING: Approval of Amendment No. 4 to Contract for permitting, plan review and inspections as needed professional support services with M.T. Causley, Inc. maintaining the same rates and extending to September 30, 2020. PREVIOUS RELEVANT BOCC ACTION: March 18, 2015, BOCC approved Amendment No. 3 to the Contract February 18, 2015 BOCC Approved Amendment No. 2 to the Contracl August 20, 2014 BOCC Approved Amendment No. I to Contract X 00 IF.1 MOSUL I IN 111 "131" 1K01813 lA I *-111 911PA Df CA RINT I M D1 n a k I DI " COST TO COUNTY: REVENUE PRODUCING: Yes — No — AMOUNT PER MONTH Year APPROVED BY: County Attorneyv OMB/Purchasing Risk Management DOCUMENTATION: Included x Not Required_ i Revised 6.15 AMIENDMIENT No. ATA 1' • 1' Wifff—JU0 IOU 1 3k A I 1 This Amendment No. 4 to Contract For Professional Services (Amendment) is entered into this 20` day of January, 2016 between Monroe County, Florida (County) and M. T. Causley, Inc. (Consultant). WHEREAS, the parties entered into a Contract for Professional Support Services for Plan Review, Inspection Services and Planning/Zoning Development Review (Contract) on March 19, 2014; and WHEREAS, the parties executed Amendment No. 1 to the existing Contract for Professional Services for Plan Review, Inspection Services and Planning/Zoning Development Review on August 20, 2014; and WHEREAS, the parties executed Amendment No. 2 to the existing Contract for Professional Services for Plan Review, Inspection Services and Planning/Zoning Development Review on February 18, 2015; and WHEREAS, the parties executed Amendment No. 3 to the existing Contract for Professional Support Services for Plan Review, Inspection Services and Planning/Zoning Development Review on March 18, 2015; and WHEREAS, Section I TERM OF CONTRACT of the original contract states, in part: "This Contract shall be effective on the date above, for a period of two (2) years. The term of this Contract shall be renewable in accordance with Section V herein "; and WHEREAS, Section V RENEWAL of the original contract states, in part: "The County shall have the option to renew this Contract after the original term, for an additional period of up to two (2) years with the same terms. "; and WHEREAS, both parties desire that the renewal of the contract be extended for additional MT Causley service periods; and 1. The Contract is modified in Section V RENEWAL to state: "The County shall have the option to renew this Contract after the original term, for an additional period until to two (2) years wM the same isam September 30, 2020. Said extension period places this contract on the County fiscal budget calendar. 2. This Amendment No. 4 is effective January 20, 2016 and is hereby incorporated into and made a part of the Contract for Professional Support Services for Plan Review, Inspection Services and Planning/Zoning Development Review entered into on March 19, 2014. 3. All other provisions are to remain the same, except for those included in Amendment No. 1, Amendment No. 2, and Amendment No.3 to the Contract. M.T. CAUSLEY, INC. W=4155 - 0 i, i I I LOLOINKI 6 1 4014JO 101 " 111031 Z Heather Carruthers, Mayor ATTEST: Amy Heavilin, Clerk Deputy Clerk MIA CJ 0 0 z E I 2 VA 0 1 a D�Mj W WHEREAS, the parties entered into a Contract for Professional Support Services for Plan Review, Inspection Services and Planning/Zoning Development Review (Contract) on March 19, 2014; and WHEREAS, the parties executed Amendment No. I to the existing Contract for Professional Services for Plan Review, Inspection Services and Planning/Zoning Development Review on August 20, 2014; and WHEREAS, the parties executed Amendment No. 2 to the existing Contract for Professional Services for Plan Review, Inspection Services and Planning/Zoning Development Review on February 18, 2015; and WHEREAS, Amendments No. I and No. 2 failed to address the distinction in hourly rate between an in-house Biologist and a traditional Causley hourly rate for a Biologist; and WHEREAS, Exhibit B to the Contract is the hourly rates for the job classifications covered under the Contract and the "In-house" and traditional hourly rates for both Biologist and Planner need to be set forth in Exhibit B; and WHEREAS, Section III COMPENSATION of the original contract states, in part: "Total Contract shall not exceed $500,000-00 (Five Hundred Thousand dollars) per year."; and WHEREAS, clarification is needed to state that Section III COMPENSATION applies to a given "fiscal" year for accounting and record-keeping purposes; and WHEREAS, the annual maximum contract compensation needs to be adjusted due to the departure of former County employees, increased workload and the need for additional MT Causley services as a result of those departures and workload; and NOW, THEREFORE the parties agree as follows: 1. The Contract is modified to re-introduce the traditional hourly rate of the Biologist who is not "In-house" that was removed from Exhibit B in Amendment No. I to the Contract. V ., . 2. The Contract is modified in Section III COMPENSATION at the final sentence of said section to state: "Total Contract shall not exceed $509, DGMA950A0-0 (Fiore Nine Hundred and Fift fi year." y Thousand Dollars) per L 3. This Amendment No. 3 is effective March 18, 2015, and is hereby incorporated into and made a part of the Contract for Professional Support Services for Plan Review, Inspection Services and Planning/Zoning Development Review entered into on March 19, 2014. 4. All other provisions are to remain the same, except for those included in Amendment No. I and Amendment No. 2 to the Contract. M.T. CAUSLEY, INC. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ;,p ;r iV,!g. or `�-Luty Elerk TT Witness Witness MONROE COUNTY ATTORNEY 11P ROV _EDA F ORM: STEVEN T. WILLIAM ASSISTANT-COUNTY ATTORNEY Ditto— ii — M CJ 0 6 z E I i for s * - County February 18, 2015 X68 tI8 0 d z Page 1 of 3 STANDARD BEYOND 5 PM SERVICE HOURLY RATE AND SATURDAYS* Inspectors- Building, Mechanical, Electrical, $65.00 $97.50per hour and Plumbing 4/hr minimum in Upper 2/hr minimum in the Monroe County and 8/lu upper Monroe County minimum in the middle and 4/hr minimum in and lower Monroe the middle and lower County Monroe County Plans Examiner- Building, Mechanical, $70.00 per hour $105.00 per hour Electrical, and Plumbing 4/hr minimum in Upper 2/hr minimum in the Monroe County and 8/hr upper Monroe County minimum in the middle and 4/hr minimum in and lower Monroe the middle and lower C Monroe county Building Official $72.50 per hour $108.75 per hour 4/hr minimum in Upper 2/hr minimum in the Monroe County and 8/hr upper Mom +oe County minimum in the middle and 4/hr minimum in and lower Monroe the middle and lower County Monroe County Fire Plans Examiners $70.00 per hour $105.00 per hour 4/hr minimum in Upper 2/hr minimum in the Monroe County and 8/hr upper Monroe County minimum in the middle and 4/hr minimum in and lower Monroe the middle and lower County Monroe County X68 tI8 0 d z Page 1 of 3 Fire Inspectors 565.00 per hour $97.50 per hour 41hr minimum in Upper 2/hr minimum in the Monroe County and 8/hr upper Monroe County minimum in the middle and 4/hr minimum in and lower Monroe the middle and lower county Monroe Co unty Customer Service/ Permit Clerks $38 per hour 57.00 per hour 4/hr minimum in Upper 2/hr minimum in the Monroe County and 8/hr upper Monroe County minimum in the middle and 4/hr minimum in and lower Monroe the middle and lower County Monroe County Architects and Engineer Services S 135 per how $270 per hour Mechanical, Electrical, Plumbing and 4/hr minimum in Upper 2/hr minimum in the Structural Monroe County and 8/hr upper Monroe County minimum in the middle and 4/hr minimum in and lower Monroe the middle and lower County Monroe Coun Biologist $137.50 per 4/hr minimum $206.25 per hour 2/hr (when available) in Upper Monroe County minimum in the upper and 81hr minimum in the Monroe County and 4/hr middle and lower Monroe minimum in the middle County and lower Monroe Coup In- House Biologist $65.00 per hour 4/hr $97.50 per hour (when available) minimum in Upper 2/hr minimum in the Monroe County and Whr upper Monroe County minimum in the middle and 4/hr minimum in and lower Monroe the middle and lower county Monroe Coun Planner $192.50 per hour 4/hr $288.67 per hour 2/hr (when available) minimum in Upper minimum in the upper Monroe County and 8/hr Monroe County and 4/hr minimum in the middle minimum in the middle and lower Monroe County and lower Monroe County In- House Planner $95.00 per hour 41hr $142.50 per hour 2/hr (when available) minimum in Upper minimum in the upper Monroe County and 8/hr Monroe County and 4/hr minimum in the middle minimum in the middle and lower Monroe and lower Monroe County county �a ca 0 d z �s E a� c� 0 E 9 Monroe County July 17, 2014 Zoning Technician S 192.50 per hour 4/hr $288.75 per hour (when available) minimum in Upper 2/hr minimum in the Monroe County and 8/hr upper Monroe County minimum in the middle and 4/hr minimum in and lower Monroe the middle and lower County Monroe County :dr1 .-v l + :7..�� •. �r..�C• is =. .� VI � • 1 r. : ,.�. 1 c. ,l ' . � Ut�_._I � . the Ondard hourly rate with 2/hr minimum in the upper Monroe County and 4/hr minimum in the middle and Monroe County. ca 0 d z E Page 3 of 3 AMENDMENT III WAW�=M_ "WWA"W cl 1J J K-100 IcLryklicl lacy 1) U11 M M_J wyl I;nk:l U Z4 WJ 4 41M ThAendment No. 2 to Contract For Professional Services (Amendment) is entered into this _ day of February, 2015 between Monroe County, Florida (County) and M. T. Causley, Inc. (Consultant). VA V NO 3 WHEREAS, the parties entered into a Contract for Professional Support Services for Plan Review, Inspection Services and Planning/Zoning Development Review (Contract) on March 19, 2014; and WHEREAS, the parties executed Amendment No. I to the existing Contract for Professional Services for Plan Review, Inspection Services and Planning/Zoning Development Review on August 20, 2014; and WHEREAS, Exhibit B to the Contract is the hourly rates for the job classifications covered under the Contract and the "In-house" and traditional hourly rates for a Planner need to be set forth in Exhibit B; and WHEREAS, the hourly rate for the in-house Planner is being reduced and the services of the in-house Planner are required as of February 18, 2015; and NOW, THEREFORE the parties agree as follows: 1. The Contract is modified to reflect the revised hourly rate for the Planner as shown on Exhibit B, attached hereto. 2. This Amendment No. 2 is effective February 18, 2015, and is hereby incorporated into and made a part of the Contract for Professional Support Services for Plan Review, Inspection Services and Planning/Zoning Development Review entered into on March 19, 2014. 3. All other provisions are to remain the same, except for those included in Amendment No. I to the Contract. M.T. CAUSLEY, INC. Mich o T. Ca6rey, President Date ela M 0 0 z E I I FA Own I MY 0 LIM Witness 0 0 z E E E E 0 (D E 1 r for Monro County February 19, 2015 X68 tI8 k� b d z kl STANDARD STANDARD BEYOND 5, PM SERVICE RATE AND SATURDAYS* Inspectors- Building, Mechanical, Electrical, $65.00 $97.50per hour and Plumbing 4/hr minimum in Upper 2/hr minimum in the Monroe County and 8/hr upper Monroe County minimum in the middle and 4/hr minimum in and lower Mom+oe the middle and lower County Monroe County Plans Examiner- Building, Mechanical, $70.00 per hour $105.00 per hour Electrical, and Plumbing 4/hr minimum in Upper 2/hr minimum in the Monroe County and 8/hr upper Monroe County minimum in the middle and 4/hr minimum in and lower Monroe the middle and lower County Monroe Co unty Building Official $72.50 per hour $108.75 per hour 4/hr minimum in Upper 2/hr minimum in the Monroe County and 8/hr upper Monroe County minimum in the middle and 4/hr minimum in and lower Monroe the middle and lower county Momoc Fire Plans Examiners $70.00 per hour $105.00 per hour 4/hr minimum in Upper 2/hr minimum in the Monroe County and 8/hr upper Monroe County minimum in the middle and 4/hr minimum in and lower Monroe the middle and lower County Monroe County X68 tI8 k� b d z kl Monroe County July 17, 2014 Fire Inspectors $65.00 per hour $97.50 per hour 4/hr minimum in Upper 2/hr minimum in the Monroe County and 8/hr upper Monroe County minimum in the middle and 4/hr minimum in and lower Monroe the middle and lower county Monroe County Customer Service/ Permit CI $38 per hour 57.00 per hour 4/hr minimum in Upper 2/hr minimum in the Monroe County and 8/hr upper Monroe County minimum in the middle and 4/hr minimum in and lower Monroe the middle and lower County Monroe County Architects and Engineer Services $135 per hour $270 per hour Mechanical, Electrical, Plumbing and 4/hr minimum in Upper 2/hr minimum in the Structural Monroe County and 8/hr upper Monroe County minimum in the middle and 4/hr minimum in and lower Monroe the middle and lower County Monroe County Biologist $65.00 per hour 4/hr $97.50 per hour (when available) minimum in Upper 2/hr minimum in the Monroe County and 8/hr upper Monroe County minimum in the middle and 4/hr minimum in and lower Monroe the middle and lower county Monroe Coun Planner $192.50 per hour 4/hr $288:67 per hour (when available) minimum in Upper 2/hr minimum in the Monroe County and 8/hr upper Monroe County minimum in the middle and 4/hr minimum in and lower Monroe the middle and lower county Monroe Coun In House Planner $95.00 per hour 4/hr $142.50 per hour 2/hr (when available) minimum in Upper minimum in the upper Monroe County and 8/hr Monroe County and minimum in the middle 4/hr minimum in the and lower Monroe County middle and lower Monroe Colux Zoning Technician $192.50 per hour 4/hr $288.75 per hour (when available) minimum in Upper 2/hr minimum in the Monroe County and 8/hr upper Monroe County minimum in the middle and 4/hr minimum in and lower Monroe the middle and lower county Monroe CT *Services requested for US Federal Recognized Holdays and Sundays will be provided at 2 times the standard hourly rate with 2/hr minim in the upper Monroe County and 41hr minimum in the middle and Monroe County. �a �a M ca 0 d Z �s a� E c� 0 E I F FILN M This AwendmentVo. I to Contract For Professional Services (Amendment) is entered into thisad ay of , 2014 between Monroe County, Florida (County) and M. T. Causley, Inc. (Consultant). WITNESSETH: WHEREAS, the parties entered into a Contract for Professional Support Services for Plan Review, Inspection Services and Planning/Zoning Development Review (Contract) on March 19, 2014; and WHEREAS, Exhibit B to the Contract is the hourly rates for the job classifications covered under the Contract; and WHEREAS, the hourly rate for the Biologist is being reduced and the services of the Biologist are required as of July 28, 2014; NOW, THEREFORE the parties agree as follows: 1. The Contract is modified to reflect the revised hourly rate for the Biologist as shown on Exhibit B, attached hereto. 2. This Amendment No. 1 is effective retroactive to July 28, 2014, and is hereby incorporated into and made a part of the Contract for Professional Support Services for Plan Review, Inspection Services and Planning/Zoning Development Review entered into on March 19, 2014. 3. All other provisions are to remain the same. M.T. CAUSLEY, INC. 'Miotel iAftyl President — I Date A ram t-: lyd Fra r e Y -A Clerk MON 0 PUNTY-ATTORNEY, P �R �Wwd A PR DA T FORM I'mi Ae. 7 BOCC082014(2) 1 of 1 P rofessi o nal i i # f or M onroe C July 17, 2014 IDM k� 0 0 z E Page 1 of 2 STANDARD BEYOND 5 PM SERVICE HOURLY RATE AND SATURDAYS* Inspectors- Building, Mechanical, Electrical, $65.00 $97.50per hour and Plumbing 4/hr minimum in Upper 2/hr minimum in the Monroe County and 8/hr upper Monroe County minimum in the middle and 4/hr minimum in and lower Monroe the middle and lower County Monroe County Plans Examiner- Building, Mechanical, $70.00 per hour $105.00 per hour Electrical, and Plumbing 4/hr minimum in Upper 2/hr minimum in the Monroe County and 8/hr upper Monroe County minimum in the middle and 4/hr minimum in and lower Monroe the middle and lower County Monroe County Building Official $72.50 per hour $108.75 per hour 4/hr minimum in Upper 2/hr minimum in the Monroe County and 8/hr upper Monroe County minimum in the middle and 4/hr minimum in and lower Monroe the middle and lower County Monroe County Fire Plans Examiners $70.00 per hour $105.00 per hour 4/hr minimum in Upper 2/hr minimum in the Monroe County and 8/hr upper Monroe County minimum in the middle and 4/hr minimum in and lower Monroe the middle and lower County Monroe County IDM k� 0 0 z E Page 1 of 2 Monroe County July 17, 2014 Fire Inspectors $65.00 per hour $97.50 per hour 4/hr minimum in Upper 2/hr minimum in the Monroe County and 8/hr upper Monroe County minimum in the middle and 4/hr minimum in and lower Monroe the middle and lower County Monroe Coun Customer Service/ Permit Clerks $38 per hour 57.00 per hour 4/hr minimum in Upper 2/hr minimum in the Monroe County and 8/hr upper Monroe County minimum in the middle and 4/hr minimum in and lower Monroe the middle and lower County Monroe Coun Architects and Engineer Services $135 per hour $270 per hour Mechanical, Electrical, Plumbing and 4/hr minimum in Upper 2/hr minimum in the Structural Monroe County and 8/hr upper Monroe County minimum in the middle and 4/hr minimum in and lower Monroe the middle and lower County Monroe Coun Biologist $65.00 per hour 4/hr $97.50 per hour (when available) minimum in Upper 2/hr minimum in the Monroe County and 8/hr upper Monroe County minimum in the middle and 4/hr minimum in and lower Monroe the middle and lower County Monroe Coun Planner $192.50 per hour 4/hr $288.75 per hour (when available) minimum in Upper 2/hr minimum in the Monroe County and 81lu upper Monroe County minimum in the middle and 4/hr minimum in and lower Monroe the middle and lower County Monroe Coun Zoning Technician $192.50 per hour 4/hr $288.75 per hour (when available) minimum in Upper 2/hr minimum in the Monroe County and 8/hr upper Monroe County minimum in the middle and 4/hr minimum in and lower Monroe the middle and lower County I Monroe Coun *Services requested for US Federal Recognized Holdays and Sundays will be provided at 2 times the standard hourly rate with 2/hr minimum in the upper Monroe County and 4/hr minimum in the middle and Monroe County. �a ca 0 LO d Z r 0 E Page 2 of 2 -Y will be n r • ided at 9 and Sundki times the standard hourly rate with 2/hr minimum in the upper Monroe County and 4/hr Tr,ini-n,um in the middle and Monroe County. 0 0 z E I •I •:` •I • • •, ` ! • 1 • THIS CONTRACT (Contract or Agreement) is entered into this 19th day of March 2014, �y and between the Board of County Commissioners of Monroe County, Florida ("County" or " Board "), and • C ounty WHEREAS, the ob directed and established by ►•. • of C ounty • • and which are co ns i s t ent • supportive of • • Build resi dents Cocle, the Monroe County Code of Ordinances, and all other applicable Federal, State and Local Laws governing work performed under this Contract; and WHEREAS, it has been determined that it is in the best interests of Monroe County and its • for PROFESSIONAL SUPPORT PL REVIEW, INSPECTION SERVICES AN D DEVELOPMENT be entered into with a private pro vider WHEREAS, Consultant desires to provide such services. NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: C ontract This be on date above for peri • • term of • be • le in accordance with Section he rein. C ontract • ntingent upon an annual appropriation by • . • of • C • • • The County, in consideration of the Consultant 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 Consultant based on invoices submitted by Consultant to the County's Division of Growth Management on a monthly basis. Hourly Rates will be those on Exhibit B. Invoices must 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 March 14, 2014 Final 030420140 210 completed each •' attached as Exhibit C). Total Contract . $500,000.00 • Thousand Dollars) IV. PAYMENT Prompt 1. Payment will be made after services are rendered in accordance with the Loc Government 2. Any request for payment must be submitted by the Consultant as an invoice in a form satisfactory to the County Clerk (Clerk). 3. Invoices must describe in detail the services performed and the payment amount requested. 4. Invoices must be submitted in a timely manner to the office of Director, Growth Management Division who will review the request and approve for payment approved, the invoice is deemed to be accurate and complete. If the invoice is not detailed explanation of deficiency • disapproval 1 the invoice. 5. There are no reimbursable items. f. After the Clerk of the Board examines and approves the request for County shall reimburse the Consultant by check. 7. Consultant shall provide all Information necessary for the County to facilitate V. RENEWAL The County shall have the option to renew this Contract after the original term, for an additional period of up to two (2) years with the same terms. Renewal is subject to satisfactory performance by Consultant and the availability of County funds. The Consultant shall secure, maintain and pay for any licenses necessary to perform duties and services under this contract. It is the Consultant's responsibility to maintain all professional licenses that may be required as well as any licenses or other certifications for any staff provided to the County under this contract by the Consultant. By signature hereon, the Consultant warrants that it is authorized by law to engage in the performance of the activities herein described, subject to the terms and conditions set forth in these contract documents. Proof of such licenses and March 19, 2014 Final 030420140 210 approvals shall be submitted to the County upon request. The Consultant has, and shall maintain throughout the term of this contract, appropriate licenses and approvals required to conduct its business and will at all times conduct its business activities in a reputable and professional manner. At all times and for all purposes, the Consultant, its agents and employees are strictly considered to be Independent Contractors in their performance of the work contemplated hereunder. As such, the Consultant, its agents and employees shall not be entitled to any of the benefits, rights or privileges of County employees. Employees of the Consultant shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. The Consultant shall provide worker's compensation insurance, any benefits as desired, and shall be responsible for all tax withholding. Since this Contract is a service agreement, staffing is of paramount importance. Consultant shall provide services using the following standards, as a minimum requirement: 1. The Consultant shall provide at its own expense all necessary personnel to provide the services under this 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, to be authorized or permitted under State and local law to perform such services, and Consultant shall provide immediate evidence of such authorization or permission upon request by the County. 3. The County shall, at its sole discretion, have the option to reject any individual provided to perform services under this Contract by the Consultant. 4. The Consultant shall require each of its employees to execute an acknowledgement that he /she is not an employee of County and that he /she is an employee of the Consultant and recognizes that no County benefits are available, as attached as Exhibit D. 5. The following disciplines shall report to the Department Director or his /her designee for each discipline as follows: a. Planning: Senior Director of Planning and Environmental Resources March 19, 2014 Final 030420140 210 • Environmental Resources: Senior Director of Planning • Environmental Resources C • .' • d. Fire: Fire Marshal (AHJ — Authority Having Jurisdiction) Each of the above referenced individuals shall have final authority to approve decisions and work product .. - above referenced individuals may designate additional by the Consultant. 6. Employees of Consultant shall comply with the Work Policies and Regulations of Consultant, attached as Exhibit E, as well as those attached as Exhibit F, Prohibited Conduct. Notwithstanding any minimum insurance requirements prescribed elsewhere in this Contract, the Consultant covenants and agrees that he shall defend, indemnify and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Consultant or any of its employees, agents, Consultants in any tier or other invitees during the term of this Agreement, (B) the negligence or willful misconduct of Consultant or any of its employees, agents, Consultants in any tier or other invitees, or (C) Consultant's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or negligent acts in part or omissions of the County or any of its employees, agents, Consultants or invitees (other than March 19, 2014 Final 030420140 210 Consultant). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event the work under this Agreement is delayed or suspended as a result of the Consultant's failure to purchase or maintain the required insurance, the Consultant shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Consultant is for the indemnification provided for above. ♦ WXUM ere Will • . no discrimination against any person, and it is expressly understood that upon a determination by a Court of competent jurisdiction discrimination occurred, C ontract automatically without any further action on the part of any party, effective the date of the court order. r or • to comply with all Federal and Florida • all local ordinances, to nondiscrimination. include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education :1: • as amended 0 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on basis of • 1. of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on basis • : handicaps; 4) The Age :.i.n 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 92-255), as amended, relating i nondiscrimination on basis of drug • Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 P: 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 900 and • f - amended, relating to confidentiality of • • ' and drug Disabilities abuse patent records; 8) Title Vill of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with of ••1 1201 Note), maybe amended from time to time, relating to nondiscrimination on the basis of disability; / Monroe County C ode Ch. 13, Art. prohibiting discrimination on the bases of gender race, color, sex, religion, disability, national origin, ancestry, sexual orientation, 1 or • I:• or it • - nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or • Contract. R.r r s• Consultant shall keep and maintain all books, records, and documents directly March 19, 2014 Final 030420140 210 s / Florida ' ' 1 1, Consultant and its subcontractors public r the State of Florida, including but • : ..d r maintain public records ordinarily and necessarily would be required by Monroe County .. performance • Agreement. b. Provide the public with access to public records on the same terms and conditions that Monroe County would provide the records and at a cost that does • exceed the cost provided Florida or as otherwise provided M.. 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. e. County may cancel this Contract immediately if there is a violation of this Section. The passing, approval, and /or acceptance by the County of any defect in the services March 19, 2014 Final 030420140 210 furnished by the Consultant, shall not operate as a waiver by the County of strict compliance with the terms of this Contract, and specifications covering the services. Any Consultant breach of this agreement shall be governed by the article below on termination for cause. The County may terminate this agreement without cause by providing the Consultant with written notice of termination at least fifteen (15) days prior to the date of termination. Consultant shall immediately withdraw its employees; will cease work (unless directed to finish work by County); and shall be paid through the date of termination for work completed. The County may terminate this agreement for cause if the Consultant shall default in the performance of any of its obligations under this 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 fifteen (15) days after the County provides the Consultant with written notice of said default: a. Failure to provide services described in this contract. b. Failure to comply with local, state, or federal rules or regulations pertaining to this contract. c. Breach o f an ot • : • f or requ o f this agreement. Other than as a bove • f t C onsu l tant ♦ or • : • ob • er t a except i n wr and w t p rior approval of the Board of County Commissioners of Monroe County, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or su bcontract and •.., f.., • I• •. • I.� • • ♦.. 1 • 1. The Consultant represents that it, its directors, principals and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sec. 112.311, et. seq., Florida Statutes. Upon execution of this contract, and thereafter as changes may require, the Consultant shall notify the County of any financial interest it may have in any and all contracts with Monroe County. 2. The County represents that its officers and employees recognize • will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regardin& but not a to, solicitation or • of doing business unauthorized compensation; of public position, • employment or • • disclosure or 3. Consultant' affiliated company is presently working as a private provider for inspection services for Key Largo Ocean Resorts (KLOR). Consultant's affiliate is also employed as a private provider at Howell Key for single family residence. Consultant cannot perform county plan review or inspections on the sites mentioned above. The Consultant guarantees that no work shall be performed on private sites within unincorporated Monroe County other than assigned by the County, whether or not there is any remuneration to Consultant or Consultant's employees, whether employed by Consultant or acting as individuals, during the entire term of this agreement. In addition, the Consultant shall not have any direct or indirect relationships, business or otherwise, with any entity having an interest in any project(s) being reviewed or inspected on behalf of the County. it shall be the responsibility of the Consultant to inform the County and refrain from performing services on such jobs. The Consultant shall not perform work of any kind or description within March 19, 2014 Final 030420140 210 Monroe County for any party other than the County during the term of this Agreement whether related or unrelated to the types of services covered by or contemplated under this agreement or in any other location which could create a conflict of interest. I. FINANCIAL RESPONSIBILITY The Consultant shall not pledge the County's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Consultant further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. n otice F'(X. NOTICES Any t or pe un der and hand delivered or mailed, postage prepaid, to the other party by certified mail, returne"t receipt r equeste d , to the foll o wing: FOR THE COUNTY: Monroe County Administrator 1100 Simonton Street Key West, FL 33040 FOR CONSULTANT: Michael Causley M.T. Causley, Inc. 97 NE 15 Street Homestead, FL 33030 Growth Management Director Monroe County Attorney 2798 Overseas Highway 111112 th St., Suite 408 Marathon, FL 33050 Key West, FL 33041 ►3f�`.f The County is exempt from payment of Florida State Sales and Use taxes. The Consultant shall not be exempted by virtue of the County's exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is the Consultant authorized to use the County's Tax Exemption Number in securing such materials. The Consultant shall be responsible for any and all taxes and withholding for any required deductions from compensation paid to its employees related to services March 19, 2014 Final 030420140 210 rendered under this agreement. County not be ! • b.! 1: payment for of Consultant's XXII. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES The signatory for the Consultant, below, certifies and warrants that: 1. The Consultant's name in this agreement is its full name as designated in its corporate charter. . corporate 3. This agreement has been approved in accordance with the Consultant's policies and . Further, Consultant shall, upon execution of this agreement, provide current proof of active corporate or other status and a list of its Board of Directors. March 19, 2014 Final 030420140 210 NNEW MHU -10 If any term, covenant, condition or provision of this Contract (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Contract, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Contract 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 Contract would prevent the accomplishment of the original intent of this Contract. The County and Consultant agree to reform the Contract to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The terms, covenants, conditions, and provisions of this Contract shall bind and inure to the benefit of the County and Consultant and their respective legal representatives, successors, and assigns. XXVIII. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Contract have been duly authorized by all necessary County action and by action of the Consultant, as required by law. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Contract, County and Consultant agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the March 19, 2014 Final 030420140 210 substance of Contract or provision of under Contract. Coun •. Consultant no party to Contract be - • .. • •. enter into any arbitration proceedings related to this Contract. XULDERM The County and Consultant 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 Contract and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Contract. For the breach or violation of the provision, the Consultant agrees that the County shall have the right to terminate this Contract without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the Consultant in this Contract and the acquisition of any commercial liability insurance coverage, self - insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. No person or entity shall be entitled to rely upon the terms, or any of them, of this Contract 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 Consultant agree that neither the County nor the Consultant or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Contract separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. Consultant agrees to execute such documents as the County may reasonably require, including but not limited to a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement which are attached hereto in original form with original signatures from Consultant's response to RFP, or as provided thereafter. March 19, 2014 Final 030420140 210 q., • • No covenant or agreement contained herein shall be deemed to b e a covenant em p l oyee agreement of any member, officer, agent or employee of County in his or h individual capacity, and no member, officer, agent or • ,- pe rsonally liable accountability by reason of the execution of this agreement. This Contract may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Contract by signing any such counterpart. • i Section headings have been inserted in this agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this agreement and will not be used in the interpretation of any provision of this agreement. XXXVII. INSURANCE POLICIES Upon execution of this Contract, Consultant shall provide to County evidence of insurance coverage as follows: i • i ! �I C Prior to the commencement of work governed by this contract, the Consultant shall obtain the following insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: All insurance should be provided is insurance companies licensed t I business County Board of County Commissioners shall be named as an Additional Insured. State •.. • 1 A. Best of 1. SUBC ONTRACTO RS: As a pre - requisite of the work governed, the CONTRACTOR shall obtain, at his /her own expense, insurance as specified herein, which is made part of this contract. The CONTRACTOR shall require all subcontractors to obtain insurance consistent with the requirements specified in this Contract. The CONTRACTOR shall provide to the COUNTY as satisfactory evidence of the required insurance, either: Certificate of Insurance am March 19, 2014 Final 030420140 210 Certified copy of the actual insurance policy The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non - renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and /or approval of the CONTRACTOR'S insurance shall not be construed as relieving the CONTRACTOR from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. XXXVIII. ENTIRE AGREEMENT This agreement constitutes the entire agreement between the County and the Consultant for the services contemplated herein. Any amendments or revisions to this agreement must be in writing and be executed in the same manner as this agreement. IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first written above in four (4) counterparts, each of which shall, without proof or accounting for the other counterparts be deemed an original contract. SIGNATURE PAGE TO FOLLOW March 19, 2014 Final 030420140 210 HEAVIUN, CLERK OF COURT OF MO By: eputy Clerk BOARD OF COUNTY COMMISSIONERS M. T. CAUSLEY, INC. WITNESS By: Mi hael T. u WITNESS • !=!W91" Title: P esident On this . day of 201J before me appeared Michael T. Causley, President of above, M. T. Causley, lnc.,the person whose name is subscribed .produced as identification, or is perseffa .. person commission who executed the above Contr for the purposes therein contained. My exp ires: hl7 1] 0 X 0 d z E March 19, 2014 Final 030420140 210 MONROE COUNTY, FLORIDA March 19, 2014 Exhibit A to Contract MT Causley Inc k : #1 a 17111111MC-11 A. BUILDING DEPARTMENT PLAN REVIEW AND INSPECTIONS (BUILDING/ELECTRIC/PLUMBING/ Consultant's employees must be qualified with the following; 1. Florida State Certified Fire Protection Engineer specializing in sprinkler systems and fire alarm systems, but qualified to review all aspects of structure and architectural design. ae Packet Pg. 869 MONROE COUNTY, FLORIDA March 19, 2014 Exhibit A to Contract MT Causley Inc D a • «• a r; •♦ • ♦ • • 1 1 11 11 • • specify 6. The Consultant at the conclusion of its review of each building permit, shall state in writing on forms provided by the County whether the plans reviewed or the construction inspection passed or failed. The Consultant will f for • review or • • re actions. 7. The Consultant shall provide to the County clear, specific, and definite written final Paixe 2of5 Packet Pg. 870 MONROE COUNTY, FLORIDA Exhibit A to Contract MT Causley Inc March 19, 2014 recommendations and observations that support . nsultant's recommendations a r conclusions r • . . t! • S. Field inspections must be completed within response time of twenty -four hours of request, the same or next business day, depending on when the call for inspection is received by the County compensated 11. All services shall be at the hourly rates established in accordance -. schedule, EKHIBiT8. 12. Tasks will be assigned by task number and given to the Consultant and to Consultant's employee on site. If Consultant directs its staff member to proceed with the task, Consultant shall communicate that decision to the relevant County staff. r a) The Consultant is to perform building, plumbing, mechanical and electrical inspections and plan review. Work to include inspections and plan review for single and multi - family residential, commercial, office or industrial projects for compliance with the technical codes applicable to the project. • be conducted • ensure access to .- , plans. c) The County Building Official will oversee the duties performed by required by F.S. 468. The Consultant's staff must be available to work up to 40 hours per week as well as some • weekend hours depending on • • . Page 3 of 5 Packet'Pg. 871 MONROE COUNTY, FLORIDA Exhibit A to Contract MT Causley Inc March 19, 2014 2. Planning & Environmental Resources Department (under supervision of the Senior Direct Planning .' Environmental Resources) I c) The Consultant is to review site plans for residential, commercial, office, or industrial dev elopment , and fence permits for • a • s use standards • r in the • Development Cod e as well as application and site plan review for • • 3. Fire Prevention Services (under supervision of the Fire Marshal) < Consultant a) The perform fire prevention inspections and plan review. Work to inclu • inspections and plan review for single and multi-family residential, commercial, ffice industrial • . • r • relat successors) and • .• • •. .• b) Plan review must be conducted at the relevant • ensure access available and plans. c) Consultant's staff must be between up to 40 hours per week as well as somf evening and weekend hours depending on the worklo d) Inspectors and plan reviewers must be Florida State Certified Fire Protection Engineer; specializing In sprinkler systems and fire alarm systems, and qualified to review all aspects o� structure and architectural design. In addition, Consultant's employees are required to bE Florida State Certified Fire Safety Inspector I or II. � r � 1. The County reserves the right to ensure that all persons supplied under this contract meet the requirements listed below. If at any time they do not meet these requirements the successful firrr shall immediately pull the assigned person and /or persons off the job at no cost to the County. 2. Temporary support personnel must be neat and clean experienced workers and drug fri Temporary support personnel shall be mentally, emotionally, and physically competent to perfo the services re qu i red . i'8 e4otJ Packet Pg. 872 MONROE COUNTY, FLORIDA Exhibit A to Contract MT Causley Inc March 19, 2014 3. Temporary support personnel must provide their own transportation to and from the job site and they are res ponsible • own p arking. C onsultant 4. The a r r loyee relationship The County shall no • c f or • rkere compensation or of Act claim that may arise from the tem S. National Crime Information Center backgrounds and police checks may be done on temporary su pport personnel by r during the contract period. •. P employed by • performance of pursuant to this co ntract C ounty not be considered employees of the County, shall be independent thereof and shall have no claim against the • pension worker n unemployment compensatio sal ary , or other employee or privileges granted by operation of or by ► r its officers and em p l o yees. 7. The Consultant agrees to reimburse the County for any improper charges, which can be documented as a result of a em p l oyee ( s ) • -• long d istance tele phone calls or other inappropriate of • property while w• or on behalf o C Page 5 of 5 X68 tI8 M 0 0 Z t�8 E t�8 for K County �a �a CJ 0 d z �s �s 5,. ".. t R .. iding, Mechanical, and Plumbing Plans Examiner- Building, Mechanical, Electrical, and Plumbing nimmffl $70.00 per hour 4 /hr minimum in Upper Monroe County and 8/hr minimum in the middle and lower Monroe $72.50 per hour Page I of 3 r; Monroe County February 14, 2014 Fire Plans Examiners $70.00 per hour $105.00 per hour 4/hr minimum in Upper 2/hr minimum in the Monroe County and 8/hr i upper Monroe County minimum in the middle and 4/hr minimum in and lower Monroe the middle and lower County Monroe County Fire Inspectors $65.00 per hour $97.50 per hour 4/hr minimum in Upper 2/hr minimum in the Monroe County and 8/hr upper Monroe County minimum in the middle and 4/hr minimum in and lower Monroe the middle and lower County Monroe Coun Customer Service/ Permit Clerics $38 per hour 57.00 per hour 4/hr minimum in Upper 2/hr minimum in the Monroe County and 8/hr upper Monroe County minimum in the middle and 4/hr minimum in and lower Monroe the middle and lower County Monroe Coun Architects and Engineer Services $135 per hour $270 per hour Mechanical, Electrical, Plumbing and 4/hr minimum in Upper 2 /hr minimum in the Structural Monroe County and 8/hr upper Monroe County minimum in the middle and 4/hr minimum in and lower Monroe the middle and lower County Monroe Coun Biologist $137.50 per hour 4 /hr $206.25 per hour (when available) minimum in Upper 2/hr minimum in the Monroe County and 8/hr upper Monroe County minimum in the middle and 4/hr minimum in and lower Monroe the middle and lower County Monr Co un ty Planner $192.50 per hour 4/hr $288.75 per hour (when available) minimum in Upper 2/hr minimum in the Monroe County and 8/hr upper Monroe County minimum in the middle and 4/hr minimum in and lower Monroe the middle and lower County Monroe Coun Zoning Technician $192.50 per hour 4 /hr $288.75 per hour (when available) minimum in Upper 2/hr minimum in the Monroe County and 8/hr upper Monroe County minimum in the middle and 4/hr minimum in and lower Monroe the middle and lower County Monroe County ca 0 L Q d z F 8 F a� E c� 0 F Page 2of3 WSM Y Or ST7, LI S 70 T r , " 0 1 " M # T PENO 7 - L O % A M 0 1 .7 times the standard hourly rate with 2/hr minimum in the upper Monroe County and 4/hr minimum in the middle and Monroe County. I CJ 0 0 z E I Page 3 of 3 BUI 70 Monroe County 1 ' r 1 i Phone (305) 246-0696 wwvv-mtdnspectorS. Fox (305) 242 -3716 0 d z �s E �s Page t BUIL DING - - O. M ONROE COU OR THE FEBRUARY 2/311 Electrical Inspection Inspector X 5 66-00 325.W 2/Q2014 Filectrical Inspection Inspector X 7 65.00 455.00 1 Electrical Inspec 1.1.. • I.I. 1 1 Ele ctrical I nspect i on :e.•n• 00 1.:1. Electrical Inspection Inspector X 2 66-00 130.00 a . HO it /, 0 12/312 Plumbing Phm Revie i / t f 1 Plumbing V Ins 7 0 . 00 42 M00 1 14 Plumbing Plans Review Inspector 7 0 - 00 280 2/1 0 1 20 1 4 ' Plumbinig Plumbing Plans Review _ :• 7 0 . 00 210 1 14 Plans Review Inspector 7 0 . 00 t L II' 2/1212 Plumbing Inspector 7 0 . 00 / / 1 2/112014 Plumbing PlIans Review Inspector Y 2 70.00 • , 1 "27 HOURS $1,8 / P Clerk Permit Te Z 36. 00 288 2/412 Permit Tech Z 36-00 J 288 2/512 0 14 Permit Clark Permit • /1 i.l 1 - _« : It t1 t - Ir 1 1. 2/1 P 'r 8 36 LII 1 ' Permit c« i/ 288. EMT Phone (305) 246-0696 wwvv-mtdnspectorS. Fox (305) 242 -3716 0 d z �s E �s Page t Invoice - Phone (305) 246-0696 www.mtcinspectors.com Paige 2 i.+ ';I if �a �a CJ 0 L Q 0 z �s E �s Permit Clark Permt Tech Z P ermR Clerk Peffrift Teich r m um PERMIT TECH 7, PERMIT TECH: :.: i. HOURS $2,880.00 - Phone (305) 246-0696 www.mtcinspectors.com Paige 2 i.+ ';I if �a �a CJ 0 L Q 0 z �s E �s EXHIBIT 11 Page 3 of 3 WIN We C"r,iU�iLEY� INC. C O N 9 T R U 0 T( O N I N S P 6 0r I O N S, T9STI N 0 A 0 0NSULTI N0 Inspector's Daily Activity Report County of Monroe Inspector / Trade Date Time in the office to meet with public and schedule inspections: to Time in the office to meet with public and discuss inspections: to Total time for the day: P = Plan Review, I = Inspection, F = Field Consultation, L = Occupational License, M = Meeting, S = Stop Work, O = Other, A = Approved, R = Rejected ca 0 d z �s F �s Page of M : Q(i O I am an employee with M.T. Causley, Inc. When assigned to work in Monroe County at the Monroe County Building Department, Planning Department, or Fire Department, according to a contract between M.T. Causley and Monroe County, I acknowledge that I am not an employee of Monroe County and am not entitled to any benefits from Monroe County. Compensation will be provided by M.T. Causley, Inc. and Monroe County is not responsible for paying me for my work. I will comply with the personnel policies of M.T. Causley, Inc. and will not engage in conduct that Is prohibited according to Attachment 1, Prohibited Conduct, which has been provided to me. Signature Print Name �a eta ca 0 d z �a E �a Date: EXHIBIT "El: Page 1 of 6 500 Sectio:r, V CARE OF EQUIPMENT AND FACILITIES Employees should be concerned with the care and safe use of company-owned equipment and facilities. Employees are expected to follow all operating instructions, safety standards and guidelines. Good housekeeping is expected of every employee. If any equipment, machines, tools, vehicles, telephones, etc. appear to be damaged, defective, or in need of repair, notify the management immediately. Prompt reporting of damages, defects, and the need for repairs could prevent deterioration of equipment and possible injury to employees and others. Unsafe, destructive, careless, negligent, or improper use or operation of equipment or vehicles may result in disciplinary action, up to and including termination of employment. PERSONAL APPEARANCE/C LOT 11ING Personal appearance, proper hygiene and appropriate attire are important to our work practices. Our customers gauge the quality of our company by the attention we show to personal appearance and attire. Each employee personally represents the company and is required to dress in an appropriate manner. Every employee of M.T. Causley, Inc. contributes to the company's overall public image during work hours. Appropriate attire enhances the employee's effectiveness in providing superior service. Employees are expected to report to work wearing clean clothing. A neat, well-groomed appearance is important to the employee, their fellow workers and to our customers. The company does not object to employees having reasonably long hair if it is groomed. Nor does it object to mustaches and/or beards if they are kept trimmed and do not hinder .he employee's performance or safety on the job. ca 0 0 z E I , 2003 MT. callile.11 Inc. 30 EKATffff ' r- Page 2 of 6 The success of this policy will depend upon the thoughtfulness, consideration and cooperation of smokers and non-smokers. All employees share in the responsibility of adhering to and enforcing this policy. Any conflict should be brought to the attention of the management. Safety Comes First — No object can interfere with job safety as viewed by company management; Nothing can be displayed that (in the opinion of management) is derogatory to any person or system of beliefs; Objects that (in the opinion of management) are inappropriate or hinder work efforts will not be allowed and must be removed upon request. SAFETY EQUIPMENT Employees will be provided with safety equipment if it is a requirement for a particular job. This equipment will be signed for by the employee and replaced at the employee's expense if the equipment is lost, damaged, or stolen. Replacement will be provided if the equipment is shown to be defective. PERSONAL EQUIP /TOOLS Employees who work in certain positions are required to provide their own equipment and/or tools to perform job assignments. Management will advise employees of the equipment or tools required and will make sure that each employee obtains the required equipment. The company discourages employees from lending or borrowing equipment or tools. 0 2003 M T. Causley, Inc. 31 CJ 0 0 z E I M ; s COMPANY EQUIPMENT /TOOLS The company will furnish all necessary equipment and tools to complete job assignments. Each employee is reminded that all items purchased by the company are the property of M.T. Causley, Inc. and represent a very valuable asset of the company. It is the responsibility of the employee to whom equipment and tools are assigned to maintain and safeguard these assets as if they were his/her personal property. An inventory of equipment and tools will be made periodically. If it is determined that an employee is negligent in the proper storage of equipment, materials, tools, or supplies, or they are misplaced or stolen, the employee will be asked to replace the same at fair market value, or the cost of the item will be deducted from the employee's pay check. When leaving a job site or a work area, it is required that all equipment and tools be removed from the work area and secured in a safe location. SOLICITATION AND/OR DISTRIBUTION To prevent disruption of business activities, to minimize distractions for all employees, and to preserve company security, solicitation and/or distribution of literature, materials, goods, contest promotions, requests for donations, or any other solicitation and/or distribution is prohibited during working time or in work areas. SECURITY All doors, files, desks, gates, and any other equipment with locks must be kept locked securely when not in direct use and at the end of each day. Locks should be checked regularly. Company vehicles should be kept locked at all times when not in use. Lost keys must be reported to the Office immediately. Any concerns about security should be directed to management. OUTSIDE EMPLOYMENT M.T. Causley, Inc. makes every effort to keep its employees as fully employed as possible and at a good rate of pay. When an employee is on the job, this means that 100% of his/her effort is required. If an employee chooses to work outside of his/her job and the outside employment competes with what is expected of him/her as an employee of M.T. Causley, Inc. opportunities for promotion and advancement with M.T. Causley, Inc. may be limited by his/her decision. If management feels that outside employment prevents an employee from fulfilling his /her obligation to the company, the employee will be asked to resign from M.T. Causley, Inc. or to leave his/her outside employment. �a ca 0 d z �s E �s 7 � 2003 M, T. Causley. Inc. 32 EXHIBIT "Ell Page 4 of 6 All management and supervisory personnel are expected to enforce this policy and, by example, refrain from conflicting outside employment. COMMUNICATION SYSTEMS The following procedures apply concerning M.T. Causley, Inc. communications: • Company communications equipment is the sole property of M.T. Causley, Inc; • Commurucations equipment and services include facsimiles, telephone systems, radio systems, computers, pagers and cell phones; • On-line services may be accessed only by employees specifically authorized by NI.T. Causley, Inc; • Employee's on-line use should be limited to work related activities. Employees should not use M.T. Causley, Inc.'s communication services and equipment for personal use except in emergencies or when circumstances warrant it. When personal use is unavoidable, employees must properly log any user charges and reimburse the company for them. M.T. Causley, Inc.'s communications property or equipment may not be removed from the premises without written authorization from management. Improper use of M.T. Causley, Inc.'s communications services and equipment includes any misuse as described in this policy as well as any harassing, offensive, demeaning, insulting, defaming, intimidating, or sexually suggestive written, recorded, or electronically transmitted messages. PERSONAL MAIL AT THE WORK PLACE The mail system is reserved for business purposes only. Employees will not be allowed to send or receive personal mail at the workplace. NEXTEL AND RADIO COMMUNICATIONS Employees must use proper procedure and appropriate language when using the company Nextel's and/or radio communications. Company policy mandates that when using the phone, while driving, for business Or personal calls, you MUST pull over and stop before accepting any phone calls. ca 0 0 Z E I : 2003 Mr causlev, Inc. 33 EXHIBIT "Ell P age o .' � Consumption of, possession of, or being under the influence of alcoholic beverages on company property, in the Office, or in any vehicle used for company business, is strictly prohibited. Any employee who violates this policy will be subject to disciplinary action including immediate termination of employment. Any employee who reports to work or who is at work is subject to blood/alcohol testing to determine the presence of alcohol in the body. DR UGS The company has in place a substance abuse policy which incorporates the provisions of the Drug -Free Workplace Act of 1988. All employees must abide by all of the terms and conditions of this policy while employed by M.T. Causley, Inc. In this regard, employees are required to read the policy and sign a statement acknowledging their understanding of the policy and intent to follow the policy. Any employee who reports for work or who is at work is subject to chemical screening and/or blood/alcohol testing to determine the presence of unauthorized drugs in the body. The Dnig Free Workplace Policy is filly described in a separate handbook provided in each employee's New dire Package. POLICY ON HARASS Consistent with our policy of equal employment opportunity, harassment in the workplace based on a person's race, sex, religion, national origin, age, height, weight, marital status, or disability, will not be tolerated concerning employees or applicants for employment. One aspect of our policy requiring some clarification is the prohibition of any form of sexual harassment in the workplace. The following paragraphs describe the type of conduct that is prohibited as well as the complaint provisions to investigate and remedy any problems that may arise. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal, visual or physical conduct of a sexual nature. No employee shall threaten or insinuate, either explicitly or implicitly, that another employee's or applicant's refusal to submit to sexual advances will adversely affect that person's employment, work status evaluation, wages, advancement, assigned duties, or any other condition of employment or career development. Similarly, no employee shall promise, imply, or grant any preferential treatment in connection with another employee or applicant engaging in sexual conduct. ca 0 d Z e �s F e ' 200 MT Causlev, Inc. 34 EXHIBIT "F" Prohibited Conduct A. Willful or repeated violations of County, State or Federal law or of these policies and procedures. B. Insubordination - Refusal to respond to authority's reasonable request(s) or instruction. C. Itisco-rdmt - 136a%ior not confo=2�,�-, = i 05 01107=1, .