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Item G08 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 17, 2013 Division: Growth Management Bulk Item: Yes M No ❑ Department: Building Department Staff Contact Person: Christine Hurley/Division Director Phone: 289-2519 Jerry Smith, Sr. Director/Building Official 453-8729 AGENDA ITEM WORDING: Permission to advertise a Request for Proposals (RFP) for a Consultant to furnish temporary, part-time "on-call" licensed professionals to conduct plan review, inspection services, development and environmental review to support the day-to-day operations of the Growth Management Division and Fire Department related to issuance of building permits. ITEM BACKGROUND: The Growth Management Division is requesting approval to seek proposals from external providers to support the County's Growth Management and Fire Department staff in providing timely, effective and responsive inspections and reviews to meet the needs of our citizens, our unique community and our environment, while maintaining strict adherence to all federal, state, local laws and specific rules and ordinances of Monroe County. Examples of the work performed, while not all inclusive, may include physical on-site structural/building, mechanical, plumbing, electrical, flood and fire plan/permitting reviews and inspections, planning, zoning, development review, and other functions relating to issuance of building and construction permits, certificates of occupancy and other duties. All staff provided by the selected firm will be properly licensed/certified and have the qualifications and experience necessary to perform the duties required by the County. Recruiting multi-discipline licensed individuals as full- time County employees is difficult and creates a substantial challenge within the geographic expanse of Monroe County. The volume of work and technical requirements may not match our exact licensed staff qualifications at all times. The selection of a consulting firm to provide these services when needed would establish a mechanism to quickly supply qualified and licensed individuals to match the volume of work during times when existing County staff may not be available for various reasons, such as illness, vacation, employee resignations, retirement, etc. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: $ TBD INDIRECT COST: $ BUDGETED: Yes ❑ No ❑ DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: $ SOURCE OF FUNDS: $ REVENUE PRODUCING: Yes ❑ No ® AMOUNT PER MONTH Year APPROVED BY: County Attorney: ❑ OMB/Purchasing: ❑ Risk Management: ❑ DOCUMENTATION: Included: ❑ Not Required: ❑ DISPOSITION: AGENDA ITEM#: Revised 7/09 MONROE DA REQUEST FOR PROPOSALS ............ I NOFESSIONAL SUPPORT SERVICES FOR KAN REVIEW, INSPECTION SERVICES AND PtANNINGAONING DEVELOPMENT REVIEW Nk BOMB OF C' TY C � NEAS llsvof Geoff Noduent Di CI 2 Never Pro TOM N089W Oundhom MsM 3 BMW 1 OUNNIMBIMet4 Mvmbv,M 5 SEPTEMBER 17, 2013 COVINVADMINIVIATOR l CRSTIN NVAUY,BREMN . DIRECTOR SR. DIRECTOR, PIANNING BUILDING FFICIAL FIRE MARSHAL ENVI ONMEN " RESOURCES ERA 'm JAMES CALLAHAN TOWNSLEY SCHWAR MONROE COUNTY,FLORIDA September 17,2013 REQUEST FOR PROPOSALS# SUMMARY OF REQUEST FOR PROPOSALS Monroe County, Florida is requesting proposals from qualified firms to provide licensed, professional services in support of the Monroe County Growth Management Division Building and Planning Departments to perform plan review, inspection services, and development review on site to expedite the County's building permit process. The level of provider service will be determined as needed by the Monroe County Building Official in consultation with the Senior Director of Planning and Environmental Resources and the Fire Marshal. Monroe County will use an external provider of temporary staff to augment and support the County's Growth Management (Building and Planning) and Fire Department staff to provide timely, effective and responsive inspections and reviews to meet the needs of our citizens, our unique community and our environment, while maintaining strict adherence to all federal, state, local laws and specific rules and ordinances of Monroe County governance. Services to be provided are more completely described in EXHIBIT A — SCOPE OF SERVICES. Examples of the work performed, while not all inclusive, may include physical on-site: 1. Structural/building, mechanical, plumbing, electrical, and flood plan/permitting reviews and inspections, and other functions relating to issuance of building and construction permits, certificates of occupancy and other duties as determined by the Monroe County Building Official in accordance with the Florida Building Code; Chapter 6 of the Monroe County Code of Ordinances; the Monroe County Land Development Code, including Chapter 122, Federal Flood Plain Regulations and other applicable documents. 2. Planning, zoning, development review, permit plan review, environmental review and inspections in accordance with the Monroe County Comprehensive Plan, Land Development Code and other applicable documents. 3. Fire plan permitting reviews and inspections in accordance with the 2010 Florida Fire Prevention Code and other applicable documents. All staff provided by the selected firm will be properly licensed and have the qualifications and experience necessary to perform the duties required by the County. The County reserves the right to select more than one provider in order to fully meet the needs and requirements of the County in meeting business demands based on workload, volume, internal staffing levels and other factors to be determined by the Building Official. Submission of any documents relating to this RFP does not guarantee the providing company will receive a contract from Monroe County, nor does it imply that the company has any type of procurement and/or contractual relationship with the County now or in the future. Information provided by any entity in response to this RFP will be subject to public disclosure pursuant to the laws of the State of Florida. Concurrent with this policy, the County conducts its procurement activities and formal bid processes in a competitive 2 1 P a g e MONROE COUNTY,FLORIDA September 17,2013 REQUEST FOR PROPOSALS# environment that fosters equal opportunity for qualified companies to provide services that meet our requirements. ALL RESPONSES TO THIS REQUEST FOR PROPOSALS MUST BE RECEIVED BY MONROE COUNTY PURCHASING DEPARTMENT, ROOM 2-213, 1100 SIMONTON STREET, KEY WEST, FLORIDA 33040 ON OR BEFORE: (DATE AND TIME TO BE DETERMINED) If you should have any questions regarding this application package, please submit them by e-mail only to Deborah Lofberg, Sr. Administrative Assistant, at: Lofberg-debbie@monroecounty-fl.gov. All responses will be by Addendum only. 3 1 P a g e MONROE COUNTY, FLORIDA September 17,2013 REQUEST FOR PROPOSALS# TABLE OF CONTENTS SECTION ONE: INSTRUCTIONS TO RESPONDENTS.................................................................6 A. Overview and General Description of Services ................................................................................................6 B. Purpose and Objectives of the Request for Proposals .....................................................................................7 C. Proposal Submission Requirements .................................................................................................................8 D. Disqualification of Respondents.......................................................................................................................9 E. Examination of RFP Documents........................................................................................................................9 F. Interpretation, Clarification and Addenda........................................................................................................9 G. Governing Laws and Regulations......................................................................................................................9 H. Preparation of Responses...............................................................................................................................10 I. Responsibility for Response.............................................................................................................................10 J. Copies of Request for Proposal Documents....................................................................................................10 K. Content of Proposal ........................................................................................................................................10 L. Receipt and Opening of Responses.................................................................................................................14 M. Proposal Evaluation and Selection Process...................................................................................................14 N. Award of Contract ..........................................................................................................................................14 O. Certificate of Insurance ..................................................................................................................................15 SECTION TWO: DRAFT CONTRACT......................................................................................16 I. Term of Contract...................................................................................................................................16 H. Scope of Services...................................................................................................................................16 III. Compensation.......................................................................................................................................16 IV. Payment................................................................................................................................................17 V. Renewal.................................................................................................................................................17 VI. Contractor's Responsibilities & Licensing.............................................................................................17 VII. Independent Contractor.......................................................................................................................18 VIII. Staffing..................................................................................................................................................18 IX. Indemnification Requirements.............................................................................................................18 X. Non-Discrimination...............................................................................................................................19 XI. Records and Documents.......................................................................................................................19 XI1. Public Records.......................................................................................................................................20 XI11. Breach of Terms by Contractor.............................................................................................................20 XIV. Termination without Cause ..................................................................................................................20 XV. Termination with Cause........................................................................................................................20 XVI. Assignment............................................................................................................................................20 XVII. Compliance with Law............................................................................................................................21 XVIII. Disclosure, Conflict of Interest and Code of Ethics...............................................................................21 XIX. Financial Responsibility.........................................................................................................................21 XX. Notices ..................................................................................................................................................21 XXI. Taxes .....................................................................................................................................................22 XXII. Governing Law, Venue, Interpretation, Costs & Fees...........................................................................22 4 1 P a g e MONROE COUNTY, FLORIDA September 17,2013 REQUEST FOR PROPOSALS# XXIII. Public Entity Crime Statement..............................................................................................................22 XXIV. Authorized Signatures...........................................................................................................................22 XXV. Severability............................................................................................................................................23 XXVI. Attorney's Fees and Costs.....................................................................................................................23 XXVII. Binding Effect........................................................................................................................................23 XXVIII. Authority...............................................................................................................................................23 XXIX. Cooperation ..........................................................................................................................................23 XXX. No Solicitation/ Payment.....................................................................................................................24 XXXI. Non-Waiver of Immunity......................................................................................................................24 XXXII. Non-Reliance by Non-Parties................................................................................................................24 XXXIII. Attestations...........................................................................................................................................24 XXXIV. No Personal Liability..............................................................................................................................25 XXXV. Execution in Counterparts ....................................................................................................................25 XXXVI. Section Headings...................................................................................................................................25 XXXVII. Insurance Policies..................................................................................................................................25 XXXVIII. Entire Agreement..................................................................................................................................25 SECTION THREE: COUNTY FORMS.......................................................................................27 1. Response Form...............................................................................................................................................28 2. Lobbying and Conflict of Interest Clause.......................................................................................................29 3. Non-Collusion Affidavit..................................................................................................................................30 4. Drug-Free Workplace.....................................................................................................................................31 5. Public Entity Crime Statement.......................................................................................................................32 6. Insurance and Indemnification Statement....................................................................................................33 7. Local Preference Form...................................................................................................................................34 SECTION FOUR: INSURANCE REQUIREMENTS.....................................................................35 5 1 P a g e MONROE COUNTY,FLORIDA September 17,2013 REQUEST FOR PROPOSALS# EXHIBITS: A. Scope of Services B. Monroe County Permitting Overview C. Cost Summary D. license Information for Staff Assigned to Contract 6 1 P a g e MONROE COUNTY, FLORIDA September 17,2013 REQUEST FOR PROPOSALS# SECTION ONE: INSTRUCTIONS TO RESPONDENTS A. OVERVIEW AND GENERAL DESCRIPTION OF SERVICES The Board of County Commissioners of Monroe County, Florida, (hereinafter "County") is seeking proposals from respondents (hereinafter "Consultant" or "Organization" or "Respondent" or "Provider") to provide PROFESSIONAL SUPPORT SERVICES FOR PLAN REVIEW, INSPECTION SERVICES AND PLANNING/ZONING DEVELOPMENT REVIEW throughout the unincorporated areas of the Florida Keys within Monroe County for the Growth Management Division Building Official, the Senior Director of Planning & Environmental Resources and the Monroe County Fire Marshal. The Growth Management Division is primarily responsible for floodplain management, permitting, plan review, development approvals, and inspections. The disciplines that review permits and/or construction plans for compliance with federal, state, and Monroe County regulations include: • Building/Structural Review • Mechanical • Plumbing • Electric • Floodplain (Monroe County Code Chapter 122) • Planning & Environmental Resources (Monroe County Code; Comprehensive Plan and Land Development Code plus other state &federal laws) • Fire (under direction of Fire Marshal) The Planning Director, Fire Marshal, and ultimately, the Building Official authorize permit issuance for applicable discipline review. Each of these disciplines participates in the review of permit applications as found in EXHIBIT B: Monroe County Permitting Overview. This document is referred to as a matrix that indicates for each permit type issued by Monroe County, which disciplines have to review it for compliance with applicable regulations. After permits are issued, inspections are made to ensure the construction is consistent with the approved permit/plans/regulations. Typically, Monroe County has a 24-hour turnaround time to complete inspections, although if a certain discipline has licensed reviewers or inspectors out of the office (vacation/sick)then it may be necessary to augment staff. B. PURPOSE AND OBJECTIVES OF THE REQUEST FOR PROPOSALS Over the past several years, County staff has worked with industry representatives to document in writing the standard operating procedures and processes required for adequate review and consistency of each permit type under the law. Permit applications have been revised and checklists created to better assure compliance and consistent application for all permit applicants to promote fairness in the process, especially between the current offices - Key Largo (Upper Keys), Marathon (Middle Keys), and Stock Island (Lower Keys). While the County has worked hard to improve and streamline these processes, and is moving closer toward automation with the Interactive Voice Response System and the Electronic Plan Review system, staffing and adequate human resources still remain a challenge. Recruiting multi-discipline licensed individuals is difficult and creates a substantial challenge 7 1 P a g e MONROE COUNTY, FLORIDA September 17,2013 REQUEST FOR PROPOSALS# within the geographic expanse of Monroe County for inspecting - sending an individual for each discipline for inspections when required. Further, given the limited growth permitted, the volume of permits, especially in the past several years has been lower than in the mid-2000's. The division is required to have every discipline available to review plans and permits. There are alternative methods for delivering these required services which include retaining a private firm to perform permitting, plan review and inspections. The County is seeking to utilize the services of an external provider(s) to augment and supplement County staff at different times on a temporary basis and to provide timely, effective and responsive inspections and reviews. The level and type of service needed will differ based on circumstances at any given time. The workload can be affected by various factors such as internal staff illness or vacation, staff training, resignations, staff shortage, volume of construction work ongoing within the County, new regulations, laws or requirements implemented from time to time, as well as geographic and environmental factors involving severe weather, potential flooding, storm damage, etc. The County may have a need for one or several external professionals to meet the technicalities of single or multiple disciplines at any given time. Staffing will be the responsibility of the Consultant/Provider and all of Provider's staff will be employees of Provider. Contractor may change personnel at will with reasonable notice to the County. Please see special conditions in Exhibit A: Scope of Services. More specific details of the requirements to be performed by the Contractor if awarded a Contract resulting from this Request for Proposals are provided in EXHIBIT A: Scope of Services. C. PROPOSAL SUBMISSION REQUIREMENTS 1. All proposals must be received by the Monroe County Purchasing Office, 1100 Simonton Street, Room 2-213, Key West, Florida 33040, on or before DATE AND TIME TO BE DETERMINED. Two (2) signed originals and four (4) complete copies of each proposal shall be submitted in a sealed envelope marked on the outside, "Sealed Proposal for PROFESSIONAL SUPPORT SERVICES FOR PLAN REVIEW, INSPECTION SERVICES AND PLANNING/ZONING DEVELOPMENT REVIEW". If sent by mail or by courier, the above mentioned envelope shall be enclosed in another envelope addressed to the entity and address stated in the RFP. Faxed or e-mailed responses shall be automatically rejected. 2. All submissions must remain valid for a period of one hundred and twenty (120) days from the date of the deadline for submission indicated above. The Board will automatically reject the response of any person or affiliate who appears on the convicted vendor list prepared by the Department of General Services, State of Florida, under Sec. 287.133(3)(d), Florida Statutes (2012). The Board reserves the right to reject any or all proposals, to waive informalities in the proposals and to re- advertise for proposals. The Board also reserves the right to separately accept or reject any item or items of a proposal and to award and/or negotiate a contract in the best interest of the County. 3. The County reserves the right to reject any and all responses and to waive technical errors and 8 1 P a g e MONROE COUNTY, FLORIDA September 17,2013 REQUEST FOR PROPOSALS# irregularities as may be deemed best for the interests of the County. Responses which contain modifications; are incomplete, unbalanced, conditional, obscure, or which contain additions not requested or irregularities of any kind, or which do not comply in every respect with the Instruction to Respondents, and the contract documents, may be rejected at the option of the County. D. DISQUALIFICATION OF RESPONDENTS Failure to complete all required County Forms (SECTION THREE) in every detail and submit them with your Response may result in immediate disqualification of your Response. 1. RESPONSE FORM: Please fill out as indicated. 2. LOBBYING AND CONFLICT OF INTEREST CLAUSE: Any person submitting a bid or proposal in response to this invitation must execute the enclosed LOBBYING AND CONFLICT OF INTEREST CLAUSE and submit it with his bid or proposal. Failure to complete this form in every detail and submit it with the bid or proposal may result in immediate disqualification of the bid or proposal. 3. NON-COLLUSION AFFIDAVIT: Any person submitting a proposal in response to this invitation must execute the enclosed NON-COLLUSION AFFIDAVIT. If it is discovered that collusion exists among the Respondents, the proposals of all participants in such collusion shall be rejected, and no participants in such collusion will be considered in future bids for the same work. 4. DRUG-FREE WORKPLACE FORM: Any person submitting a bid or proposal in response to this invitation must execute the enclosed DRUG-FREE WORKPLACE FORM and submit it with his bid or proposal. Failure to complete this form in every detail and submit it with your bid or proposal may result in immediate disqualification of your bid or proposal. 5. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit Proposals on leases or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Category Two: $35,000.00 6. INDEMNIFICATION AND HOLD HARMLESS FORM 7. LOCAL PREFERENCE FORM E. EXAMINATION OF RFP DOCUMENTS 9 1 P a g e MONROE COUNTY, FLORIDA September 17,2013 REQUEST FOR PROPOSALS# 1. Each Respondent shall carefully examine the RFP (Request for Proposals) and other contract documents, and inform himself thoroughly regarding any and all conditions and requirements that may in any manner affect cost, progress, or performance of the work to be performed under the contract. Ignorance on the part of the Contractor will in no way relieve him of the obligations and responsibilities assumed under the contract. 2. Should a Respondent find discrepancies or ambiguities in, or omissions from, the specifications, or should he be in doubt as to their meaning, he shall at once notify the County. F. INTERPRETATION, CLARIFICATION AND ADDENDA No oral interpretations will be made to any Respondent as to the meaning of the RFP documents. Any inquiry or request for interpretation received in writing seven(7) or more days prior to the date fixed for opening of responses will be given consideration. Written inquiries should be sent to Deborah Lofberg, Monroe County Building Department, 2798 Overseas Highway, Marathon, Florida 33050. All such changes or interpretation will be made in writing in the form of an addendum and, if issued, will be furnished to all known prospective Respondents prior to the established response opening date. Each Respondent shall acknowledge receipt of such addenda in their Response. In case any Respondent fails to acknowledge receipt of such addenda or addendum, his response will nevertheless be construed as though it had been received and acknowledged and the submission of his response will constitute acknowledgment of the receipt of same. All addenda are a part of the contract documents and each Respondent will be bound by such addenda, whether or not received by him. It is the responsibility of each Respondent to verify that he has received all addenda issued before responses are opened. Respondents may not request nor rely upon any verbal representations concerning these specifications. G. GOVERNING LAWS AND REGULATIONS The Respondent is required to be familiar with and shall be responsible for complying with all federal, state, and local laws, ordinances, rules, and regulations that in any manner affect the work. H. PREPARATION OF RESPONSES Signature of the Respondent: The Respondent must sign the response forms in the space provided for the signature. If the Respondent is an individual, the words "doing business as ", or "Sole Owner" must appear beneath such signature. In the case of a partnership, the signature of at least one of the partners must follow the partnership's name and the words "Member of the Firm" should be written beneath such signature. If the Respondent is a corporation, the title of the officer signing the Proposal on behalf of the corporation must be stated along with the Corporation Seal Stamp and evidence of his authority to sign the Proposal must be submitted. The Respondent shall state in the response the name and address of each person interested therein. I. RESPONSIBILITY FOR RESPONSE 101Page MONROE COUNTY,FLORIDA September 17,2013 REQUEST FOR PROPOSALS# The Respondent is solely responsible for all costs of preparing and submitting the response, regardless of whether a contract award is made by the County. J. COPIES OF REQUEST FOR PROPOSAL DOCUMENTS 1. Only complete sets of Request for Proposal documents will be issued and shall be used in preparing responses. The County does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets. 2. Complete sets of Request for Proposal documents may be obtained in the manner and at the locations stated in the Notice of Request for Proposals. K. CONTENT OF PROPOSAL 1. The proposal package submitted in response to this Request for Proposals (RFP) shall be typed on 8- 1/2" x 11" white paper and bound; shall be clear and concise and provide the information requested herein. Statements submitted without the required information will not be considered. Proposals shall be organized and sections tabbed. The Respondent should not withhold any information from the written response in anticipation of presenting the information orally or in a demonstration, since oral presentations or demonstrations may not be solicited. Each Respondent must submit adequate documentation to certify the Respondent's compliance with the County's requirements. Respondent should focus specifically on the information requested. Additional information, unless specifically relevant, may distract rather than add to the Respondent's overall evaluation. 2. The response, at a minimum, shall include the following: a) COVER PAGE that reads "PROFESSIONAL SUPPORT SERVICES FOR PLAN REVIEW, INSPECTION SERVICES AND PLANNING/ZONING DEVELOPMENT REVIEW". The cover page should contain Respondent's name, address, telephone number, and the name of the Respondent's contact person. b) TABBED SECTIONS consisting of the following: TAB ONE: Respondent's approach to this project a. Provide a description of the project approach, including: a statement that reflects a clear understanding of project needs based on the objectives stated in Section One, Part B above, and a business plan that details the approach. 111Page MONROE COUNTY,FLORIDA September 17,2013 REQUEST FOR PROPOSALS# TAB TWO: Cost Matrix a. Describe the anticipated charges for each service to be provided to the County using the attached cost matrix contained in EXHIBIT C. COST SUMMARY TAB THREE: Past Performance, Qualifications, and Service Description a. Provide details of past performance and professional accomplishments including a description of similar work completed by the Respondent, any current contracts for similar work, any outstanding accomplishments of the Respondent, and any outstanding accomplishments of the Respondent that relate directly to this type of work. b. Provide details of technical, educational, and training experience of the Respondent and/or assigned staff; if the Respondent and/or any of the assigned staff are located in Monroe County; if they have familiarity with the geography and environment of the Florida Keys; and/or if they have any related experience. c. Completion of the attached spreadsheet EXHIBIT D: LICENSE INFORMATION FOR STAFF ASSIGNED TO CONTRACT to include copies of all licenses, certifications and other documentation verifying the current qualifications and experience of staff assigned to the County under the terms of the proposed contract. d. Service area. Describe any cost variances associated with performance of duties within the three jurisdictions overseen by the Growth Management Division, i.e. Upper Keys; Middle Keys; and Lower Keys. e. Service availability. Describe the availability of proposed staff (i.e. hours/days per week) and/or any limitations of availability that could arise under performance of this contract. TAB FOUR: References a. Each Respondent shall provide at least five (5) references for which the Respondent has provided the same or similar services during the past three (3)years. It is preferred that the references are from state or local governments, but private industry clients may also be used as references. Each reference shall include, at a minimum: • Name and full address of reference organization • Name of Contact person for contract • Telephone number(s) • Date of initiation of contract with reference • Brief summary comparing the referenced services to these proposed services b. Credit references (minimum of three), including name, current address and current telephone 121Page MONROE COUNTY,FLORIDA September 17,2013 REQUEST FOR PROPOSALS# number. TAB FIVE: Staffing a. Respondent shall include a list of the proposed staff positions that will provide the work required if awarded this contract. b. If particular staff with certifications and qualifications directly related to this proposal are to be used for the performance of services under the contract, if awarded, specify the names, proposed job titles, and qualifications of said personnel. c. Describe your turn-over rate or list the length of time each current employee has been with the organization. TAB SIX: Respondent's Background Information a. Respondent shall provide a list of shareholders with 5% or more of the stock, or, if a general partnership, a list of the general partners; or, if a limited partnership, a list of the members. b. Respondent shall provide a list of the officers and directors of the Respondent's organization. c. Respondent shall provide details about the number of years the Respondent has been in business, and, if different, the number of years the Respondent has provided the type of services requested. d. Respondent shall provide details about the number of years the Respondent has operated under its present name and the number of years the business has operated under any other name, and such names under which it has operated. e. Respondent shall provide the past three (3) years' financial statements, including profit and loss, for the Respondent or any subsidiary to establish that Respondent has the financial stability and capacity to provide the services required by this RFP. f. Respondent shall provide information regarding any professional or operational permits and licenses held by its organization and/or key staff. Also, provide here information about the Respondent's membership, or individual memberships, in any state or national organization that may be relevant. TAB SEVEN: Litigation, Claims and Suits a. Has the person, principals, entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, ever failed to complete work or provide the goods for which it has contracted? If yes, provide details; 131Page MONROE COUNTY,FLORIDA September 17,2013 REQUEST FOR PROPOSALS# b. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the person, principal of the entity, or entity, or any entity previously owned, operated or directed by any of its officers, directors, or general partners? If yes, provide details; c. Has the person, principal of the entity, entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, within the last five years, been a party to any lawsuit, arbitration, or mediation with regard to a contract for services, goods or construction services similar to those requested in the specifications with private or public entities? If yes, provide details; d. Has the person, principal of the entity, or any entity previously owned, operated or directed by any of its officers, owners, partners, major shareholders or directors ever initiated litigation against the County or been sued by the County in connection with a contract to provide services, goods or construction services? If yes, provide details; e. Whether, within the last five years, the owner, an officer, general partner, principal, controlling shareholder or major creditor of the person or entity was an officer, director, general partner, principal, controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for competitive solicitation; TAB EIGHT: County Forms and Licenses Respondent shall complete and execute the forms specified below and found in Section Three of this RFP, as well as copies of all professional and occupational licenses: 1. Response Form 2. Lobbying and Conflict of Interest Clause 3. Non-Collusion Affidavit 4. Drug Free Workplace Form 5. Public Entity Crime Statement 6. Insurance and Indemnification Statement 7. Local Preference Form (if applicable) L. RECEIPT AND OPENING OF RESPONSES Responses will be received until the designated time and will be publicly opened and announced at the appointed time and place stated in the Summary of Request for Proposal. Monroe County's representative authorized to open the responses will decide when the specified time has arrived and no responses received thereafter will be considered. No responsibility will be attached to anyone for the premature opening of a response not properly addressed and identified. Responses are confidential 141 Page MONROE COUNTY, FLORIDA September 17,2013 REQUEST FOR PROPOSALS# pursuant to F.S. 119.071(1)(b)2. and (b)3. M. PROPOSAL EVALUATION AND SELECTION PROCESS 1. Proposals will be evaluated based on the following matrix: a. Proposed project approach and business plan (15 points) b. Cost Matrix (30 points) c. Past Performance, Qualifications and Service Description (15 points) d. References (10 points) e. Staffing(20 points) f. Respondent's Background Information (10 points) g. Local business preference-see Local Preference Form (3 points) 2. Proposals will be ranked in order of preference at a publicly noticed meeting of a selection committee based on the above criteria and a recommendation will be made to the County Commission to negotiate a contract with the selected Respondent(s). Should the County Commission so direct, and a mutually satisfactory agreement cannot be reached between staff and the first recommended Respondent(s), staff may negotiate with the next preferred Respondent(s) and so forth. When staff has agreed with the Respondent(s) upon a mutually satisfactory contract, the contract will be brought before the County Commission for final approval. No binding contract is created between any Respondent and the County until a contract is approved by the County Commission. N. AWARD OF CONTRACT 1. Due to the nature of the project, the County reserves the right to refine/complete the Contract based on proposed responses and the direction of the Board of County Commissioners. The County, upon selection of Respondent(s) and approval of the Board of County Commissioners, will negotiate with the Respondent to further develop the Contract. 2. The County reserves the right to award separate Contracts for various areas of the Keys and to waive any informality in any response, or to re-advertise for all or part of the work contemplated. 3. If the award of a contract is annulled, the County may award the Contract to another Respondent or the work may be re-advertised or may be performed by other qualified personnel as the County decides. 4. A Contract will be awarded to the Respondent deemed to provide the services which are in the best interest of the County, considering cost, qualifications, and other factors deemed relevant. 5. The County also reserves the right to reject the response of a Respondent who has previously failed to perform properly or to complete contracts of a similar nature on time. 151Page MONROE COUNTY, FLORIDA September 17,2013 REQUEST FOR PROPOSALS# 6. The recommendations of the County Administrator or his designee will be presented to the Board of County Commissioners of Monroe County, Florida,for final awarding or otherwise. 7. The County shall consider preference to local businesses in making a purchase or awarding a contract who meet the criteria for a local business as defined by Section 2-349 of the Monroe County Code. Individuals or firms which meet all the criteria in Section 2-349 of the Monroe County Code and are a responsive and responsible respondent shall receive local preference and shall be given three (3) points in the scoring criteria. 8. The application of local preference may be waived upon written recommendation by the County and approval by the Monroe County Board of County Commissioners at the time of Award of Contract. Waiver of the application of the local preference is based upon analysis of the marketplace and in consideration of the special or unique quality of goods, services, or professional services sought to be purchased by the County. O. CERTIFICATE OF INSURANCE The Respondent will be responsible for all necessary insurance coverage for the PROFESSIONAL SUPPORT SERVICES FOR PLAN REVIEW, INSPECTION SERVICES AND PLANNING/ZONING DEVELOPMENT REVIEW as detailed in Section Four: Insurance Requirements. Certificates of Insurance must be provided to Monroe County within fifteen (15) days after award of Contract, with Monroe County BOCC listed as additionally insured on all except Workers Compensation. If the proper insurance forms are not received within the fifteen (15) days,the Contract may be awarded to the next selected Respondent. 161Page MONROE COUNTY,FLORIDA September 17,2013 REQUEST FOR PROPOSALS# SECTION TWO: DRAFT CONTRACT PROFESSIONAL SUPPORT SERVICES FOR PLAN REVIEW, INSPECTION SERVICES AND PLANNING/ZONING DEVELOPMENT REVIEW THIS CONTRACT (Contract or Agreement) is entered into this day of , 20 by and between the Board of County Commissioners of Monroe County, Florida (hereafter "County" or "Board"), and (hereafter "Consultant"). WHEREAS, the County has certain objectives as directed and established by the Board of County Commissioners, and which are consistent with, and supportive of the Florida Building Code, 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 interest of the residents of and visitors to the County that a contract for PROFESSIONAL SUPPORT SERVICES FOR PLAN REVIEW, INSPECTION SERVICES AND PLANNING/ZONING DEVELOPMENT REVIEW be entered into with a private provider of such services; and WHEREAS, Consultant desires to provide such services. NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: I. TERM OF CONTRACT 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. This Contract is contingent upon an annual appropriation by the Board of County Commissioners. 11. SCOPE OF SERVICES A detailed Scope of Services is attached as EXHIBIT A. III. COMPENSATION 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. 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 171 Page MONROE COUNTY,FLORIDA September 17,2013 REQUEST FOR PROPOSALS# service, job classification, and description of work completed for each individual providing service under this Contract. IV. PAYMENT 1. Payment will be made after services are rendered in accordance with the Local Government Prompt Payment Act. 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 if the invoice is deemed to be accurate and complete. If the invoice is not approved, the Consultant will be informed in writing including a detailed explanation of the deficiency that caused the disapproval of the invoice. S. There are no reimbursable items. 6. After the Clerk of the Board examines and approves the request for payment, the County shall reimburse the Consultant by check. 7. Consultant shall provide all information necessary for the County to facilitate payment. 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 at the same terms. Renewal is subject to satisfactory performance by Consultant and the availability of County funds. VI. CONSULTANT'S RESPONSIBILITIES AND LICENSING 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 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 that it will at all times conduct its business activities in a reputable and professional manner. 181 Page MONROE COUNTY, FLORIDA September 17,2013 REQUEST FOR PROPOSALS# VII. INDEPENDENT CONTRACTOR 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. The provider 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. Vill. STAFFING 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. 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 b. Environmental Resources: Senior Director of Planning and Environmental Resources c. Building: Building Official d. Fire: Fire Marshal (AHJ —Authority Having Jurisdiction) Each of the above referenced individuals shall have final authority to approve the decisions and work product of Consultant's employees. In addition, each of the above referenced individuals may 191Page MONROE COUNTY,FLORIDA September 17,2013 REQUEST FOR PROPOSALS# designate additional function(s)to be performed by the Consultant. IX. INDEMNIFICATION REQUIREMENTS 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 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. X. NON-DISCRIMINATION County and Consultant 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 Contract automatically terminates without any further action on the part of any party, effective the date of the court order. County or Consultant agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1)Title 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 201Page MONROE COUNTY,FLORIDA September 17,2013 REQUEST FOR PROPOSALS# 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8)Title Vlll 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 maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the bases of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of,this Contract. XI. RECORDS AND DOCUMENTS Consultant shall keep and maintain all books, records, and documents directly pertinent to performance under this Contract in accordance with generally accepted accounting principles consistently applied. Each party to this Contract or their authorized representatives shall have reasonable and timely access to such records of each other party to this Contract for public records purposes during the term of the Contract and for five (5) years following the termination of this Contract. If an auditor employed by the County or Clerk determines that monies paid to the Consultant pursuant to this Contract were spent for purposes not authorized by this Contract, the Consultant shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to Consultant. XII. PUBLIC RECORDS Pursuant to Florida Statute §119.0701, Consultant and its subcontractors shall comply with all public records laws of the State of Florida, including but not limited to: a. Keep and maintain public records that ordinarily and necessarily would be required by Monroe County in the performance of this 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 not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. d. Meet all requirements for retaining public records and transfer, at no cost, to Monroe County all public records in possession of the Consultant upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to Monroe County in a format that is compatible with the information 211Page MONROE COUNTY, FLORIDA September 17,2013 REQUEST FOR PROPOSALS# technology systems of Monroe County. e. County may cancel this Contract immediately if there is a violation of this Section. XIII. BREACH OF TERMS BY CONSULTANT The passing, approval, and/or acceptance by the County of any defect in the services 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. X1V. TERMINATION WITHOUT 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. XV. TERMINATION WITH CAUSE 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 of any other term, condition or requirement of this agreement. XVI. ASSIGNMENT The Consultant shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written 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 subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the board. XVII. COMPLIANCE WITH LAW 22IPage MONROE COUNTY,FLORIDA September 17,2013 REQUEST FOR PROPOSALS# In providing all services pursuant to this agreement, the Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the Consultant. The Consultant shall possess proper licenses to perform work in accordance with these specifications throughout the term of this contract. Will. DISCLOSURE,CONFLICT OF INTEREST, AND CODE OF ETHICS 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 and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 3. The Consultant guarantees that no work shall be performed on private sites within the 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 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. XIX. 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. 231Page MONROE COUNTY,FLORIDA September 17,2013 REQUEST FOR PROPOSALS# XX. NOTICES Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR THE COUNTY: Monroe County Administrator and Growth Management Director and Monroe County Attorney 1100 Simonton Street 2798 Overseas Highway 1111 12`h St.,Suite 408 Key West, FL 33040 Marathon, FL 33050 Key West, FL 33041 FOR CONSULTANT: XXI. TAXES 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 rendered under this agreement. County shall not be responsible for payment for any of Consultant's employees. XXII. GOVERNING LAW,VENUE, INTERPRETATION, COSTS AND FEES This Contract shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Contract, the County and Consultant agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. Mediation proceedings initiated and conducted pursuant to this Contract shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. Both parties specifically waive their right to a trial by jury. This Contract is not subject to arbitration. XXIII. PUBLIC ENTITY CRIME STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for 241Page MONROE COUNTY,FLORIDA September 17,2013 REQUEST FOR PROPOSALS# public entity crime may not submit a response on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for construction or repair of a public building or public work; may not submit bids on leases of real property to public entity; may not be awarded or perform work as a Consultant, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. (CATEGORY TWO: $35,000.00). XXIV. AUTHORIZED SIGNATURES 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. 2. He or she is empowered to act and enter into contracts on behalf of Consultant. 3. This agreement has been approved in accordance with the Consultant's corporate policies and directives and in accordance with law. 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. XXV. SEVERABILITY 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. XXVI. ATTORNEYS FEES AND COSTS The County and Consultant agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs as an award against the non-prevailing party, and shall include attorney's fees and court costs in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in 251Page MONROE COUNTY, FLORIDA September 17,2013 REQUEST FOR PROPOSALS# accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. XXVI1. BINDING EFFECT 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. XXIX. COOPERATION 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 substance of this Contract or provision of the services under this Contract. County and Consultant specifically agree that no party to this Contract shall be required to enter into any arbitration proceedings related to this Contract. XXX. NO SOLICITATION/PAYMENT 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. XXXI. NON-WAIVER OF IMMUNITY 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. 261Page MONROE COUNTY,FLORIDA September 17,2013 REQUEST FOR PROPOSALS# XXXII. NON-RELIANCE BY NON-PARTIES 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. XXXIII. ATTESTATIONS 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. )=IV. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of County in his or her individual capacity, and no member, officer, agent or employee of County shall be liable personally on this agreement or be subject to any personal liability or accountability by reason of the execution of this agreement. XXXV. EXECUTION IN COUNTERPARTS 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. XXXVI. SECTION HEADINGS 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: A. INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN COUNTY AND CONSULTANT 271Page MONROE COUNTY,FLORIDA September 17,2013 REQUEST FOR PROPOSALS# 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: Insurance Coverage Type Required Limits Manual Form Workers' Compensation Statutory Employers' Liability $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits WC1 $100,000 Bodily Injury by Disease, each employee Commercial General Liability $1,000,000 GL3 Vehicle Liability $1,000,000 VL3 Professional Liability $1,000,000 Per Occurrence PR03 $2,000,000 Annual Aggregate All insurance should be provided by insurance companies that are licensed to do business in the State of Florida with a minimum A. M. Best Rating of A+. The Monroe County Board of County Commissioners shall be named as an Additional Insured. B. GENERAL INSURANCE REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS: 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 will not be permitted to commence work governed by this contract (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the COUNTY as specified below, and where applicable CONTRACTOR shall provide proof of insurance for all approved subcontractors. Delays in the commencement of work, resulting from the failure of the CONTRACTOR to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the CONTRACTOR'S failure to provide satisfactory evidence. The CONTRACTOR shall maintain the required insurance throughout the entire term of this contract and any extensions. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the CONTRACTOR to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the CONTRACTOR'S failure to maintain the required insurance. 281Page MONROE COUNTY,FLORIDA September 17,2013 REQUEST FOR PROPOSALS# The CONTRACTOR shall provide to the COUNTY as satisfactory evidence of the required insurance, either: • Certificate of Insurance or • 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. 291Page MONROE COUNTY, FLORIDA September 17,2013 REQUEST FOR PROPOSALS# 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. (SEAL) Attest: AMY HEAVIUN,CLERK OF COURT BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLOIDA By: By: Deputy Clerk Mayor (SEAL) (INSERT CONSULTANT'S NAME HERE) Attest: By: By: WITNESS Title: Title: By: WITNESS Title: STATE OF COUNTY OF On this day of 2013, before me the person whose name is subscribed above, and who produced as identification, acknowledged that he/she is the person who executed the above Contract for the purposes therein contained. Notary Public Print Name My commission expires: Seal 301Page MONROE COUNTY, FLORIDA September 17,2013 REQUEST FOR PROPOSALS# SECTION THREE: COUNTY FORMS FORMS TO BE SUBMITTED WITH TABBED INFORMATION (SEE SECTION ONE: K) 311Page MONROE COUNTY, FLORIDA September 17,2013 REQUEST FOR PROPOSALS# RESPONSE FORM RESPOND TO: MONROE COUNTY PURCHASING OFFICE HISTORIC GATO CIGAR FACTORY ROOM 1-213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 Name of Proposer: 1 acknowledge receipt of Addenda Number(s): I have included: • lobbying and Conflict of Interest Clause • Non-Collusion Affidavit • Drug Free Workplace Form • Public Entity Crime Statement • Insurance and Indemnification Statement • local Preference Form(if applicable) (Check mark items above,as reminder that they are included) In addition, I have included a current copy of the following professional and occupational licenses: Mailing Address: Telephone: Fax: Date: Signed: Witness: Witness: (Name) (Title) 32 Page MONROE COUNTY, FLORIDA September 17,2013 REQUEST FOR PROPOSALS# LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE: ., (Company) "...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee." (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by (name of affiant). He/she is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC My Commission Expires: 331Page MONROE COUNTY, FLORIDA September 17,2013 REQUEST FOR PROPOSALS# NON-COLLUSION AFFIDAVIT I, of the city of according to law on my oath, and under penalty of perjury, depose and say that a. I am of the firm of the bidder making the Proposal for the project described in the Request for Proposals for and that I executed the said proposal with full authority to do so; b. the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; C. unless otherwise required by law,the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and d. no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; e. the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification)as identification. NOTARY PUBLIC My Commission Expires: 34lPage MONROE COUNTY, FLORIDA September 17,2013 REQUEST FOR PROPOSALS# DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug- free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5)days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community,or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by (name of affiant). He/she is personally known to me or has produced (type of identification)as identification. NOTARY PUBLIC My Commission Expires: 351 Page MONROE COUNTY, FLORIDA September 17,2013 REQUEST FOR PROPOSALS# PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or contractor under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC My Commission Expires: 361Page MONROE COUNTY,FLORIDA September 17,2013 REQUEST FOR PROPOSALS# INSURANCE AND INDEMNIFICATION STATEMENT Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the Respondent 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 Respondent or any of its employees, agents, contractors in any tier or other invitees during the term of this Agreement, (B) the negligence or willful misconduct of Respondent or any of its employees, agents, respondents in any tier or other invitees, or (C) Respondent'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, contractors or invitees (other than RESPONDENT). 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 completion of the project(including the work of others) is delayed or suspended as a result of the Respondent's failure to purchase or maintain the required insurance,the Respondent shall indemnify the County from any and all increased expenses resulting from such delay. In the event the work under this Agreement is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor 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 Respondent is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. RESPONDENT'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Respondent Signature Date 371Page MONROE COUNTY,FLORIDA September 17,2013 REQUEST FOR PROPOSALS# LOCAL PREFERENCE FORM A. Vendors claiming a local preference according to Ordinance 023-2009 must complete this form. Failure to complete this form will result in disqualification from receiving local vendor preference. Name of Bidder/Responder Date: 1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least one year prior to the notice or request for bid or proposal? (Please furnish copy). 2. Does the vendor have a physical business address located within Monroe County from which the vendor operates or performs business on a day to day basis that is a substantial component of the goods or services being offered to Monroe County? Address: Tel. Number: B. Does the vendor/prime contractor intend to subcontract 50%or more of the goods,services or construction to local businesses meeting the criteria above as to licensing and location? If yes, please provide: 1.Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one year prior to the notice or request for bid or proposal. 2.Subcontractor Address within Monroe County from which the subcontractor operates: Address: Tel. Number: Signature and Title of Authorized Signatory for Print Name Responder STATE OF COUNTY OF On this day of 20 before me, the undersigned notary public, personally appeared known to me to be the person whose name is subscribed above or who produced as identification, and acknowledged that he/she is the person who executed the above Local Preference Form for the purposes therein contained. Notary Public Print Name My commission expires: Seal 381Page MONROE COUNTY,FLORIDA September 17,2013 REQUEST FOR PROPOSALS# SECTION FOUR: INSURANCE REQUIREMENTS A. INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN COUNTY AND CONSULTANT 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: Insurance Coverage Type Required Limits Manual Form Workers' Compensation Statutory Employers' Liability $100,000 Bodily Injury by Accident WC1 $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Commercial General Liability $1,000,000 GL3 Vehicle Liability $1,000,000 VL3 Professional Liability $1,000,000 Per Occurrence PR03 $2,000,000 Annual Aggregate All insurance should be provided by insurance companies that are licensed to do business in the State of Florida with a minimum A. M. Best Rating of A+. The Monroe County Board of County Commissioners shall be named as an Additional Insured. B. GENERAL INSURANCE REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS: 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 will not be permitted to commence work governed by this contract (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the COUNTY as specified below, and where applicable CONTRACTOR shall provide proof of insurance for all approved subcontractors. Delays in the commencement of work, resulting from the failure of the CONTRACTOR to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the CONTRACTOR'S failure to provide satisfactory evidence. The CONTRACTOR shall maintain the required insurance throughout the entire term of this contract and any extensions. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the CONTRACTOR to maintain the required insurance shall not extend deadlines specified in this 391 Page MONROE COUNTY,FLORIDA September 17,2013 REQUEST FOR PROPOSALS# contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the CONTRACTOR'S failure to maintain the required insurance. The CONTRACTOR shall provide to the COUNTY as satisfactory evidence of the required insurance, either: • Certificate of Insurance or • 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. 401Page MONROE COUNTY,FLORIDA September 17,2013 REQUEST FOR PROPOSALS# EXHIBIT "A" SCOPE OF SERVICES In order to provide the level of service desired by the Building Industry and the local citizens, the County is accepting proposals for PROFESSIONAL SUPPORT SERVICES FOR PERMITTING PLAN REVIEW, INSPECTION SERVICES AND PLANNING/ZONING DEVELOPMENT REVIEW. Responding firm(s) and/or individual(s) shall provide and perform one, some or all of the following professional services, which shall constitute the General Scope of Services under the covenants,terms and provisions of this Agreement. A. BUILDING DEPARTMENT PLAN REVIEW AND INSPECTIONS (BUILDING/ELECTRIC/PLUMBING/ MECHANICAL): The Building, Permitting and Inspections Department is seeking a Consultant to conduct building, plumbing, mechanical, electrical and flood inspections, and plan review. Permit intake and issuance services may also be needed. Work will include inspections and plan review for single family and multi- family residential, commercial, office and/or industrial projects for compliance with the latest Florida Building Code in effect. Plan review must be conducted pursuant to protocols established by the Building Official at locations within the jurisdiction of the County that provide access to the relevant permit files and plans, i.e. Upper Keys (Key Largo area); Middle Keys (Marathon area) and Lower Keys (Stock Island area). Consultant must be available to provide services to the County by employees available during County's business hours. Consultant should provide employees who are available to work up to 40 hours per work week. Some evening or weekend hours maybe necessary, depending on workload. Consultant's employees should be very detail oriented, have good reasoning skills, work with checklists to complete reviews and be able to work independently with minimum supervision. Minimum licensure as exhibited in the attached "EXHIBIT D—Section 3 (Building)" is required. B. PLANNING & ENVIRONMENTAL RESOURCES PLAN REVIEW The Planning & Environmental Resources Department in the Growth Management Division is seeking a Consultant to conduct zoning plan review. Work will include review of site plans for residential, commercial, office, or industrial development, sign and fence permits for compliance with the County's land use standards contained in the Land Development Code, as well as application and site plan review for compliance and review of development applications (i.e. conditional uses, variances, land use, etc.) Plan review must be conducted at the relevant County office to ensure access to permit files, plans, maps and human resources when needed. Consultant must be available to provide services to the County by employees available during County's business hours. Consultant should provide employees who are available to work up to 40 hours per work week. Some evening or weekend hours may be necessary, depending on workload. Consultant's employees should be very detail oriented, have good reasoning skills, work with checklists to complete reviews and be able to work independently with Page 1 of 6 MONROE COUNTY,FLORIDA September 17,2013 REQUEST FOR PROPOSALS# minimum supervision. Minimum licensure as exhibited in the attached "EXHIBIT D — Section 2 (Planning) and Section 3 (Environmental Resources)" is required. C. FIRE PREVENTION PLAN REVIEW AND INSPECTIONS 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. 2. Florida State Certified Fire Safety Inspector I or 11. Minimum licensure/certification as exhibited in the attached "EXHIBIT D—Section 4 (Fire)" is required. D. GENERAL PROVISIONS 1. The Consultant's services will be performed on behalf of and solely for the benefit and exclusive use of County for the limited purposes set forth in this Agreement. County acknowledges that the Consultant's services require decisions, which are based upon laws and jurisdiction, as well as best professional standards and judgment. 2. In the performance or furnishing of professional services hereunder, the Consultant, and those it is responsible for, shall exercise the degree of skill and care customarily accepted as prudent professional practices and procedures by members of the same profession currently practicing under similar conditions in the same locality ("Standard of Care"). Consistent with this Standard of Care, the services shall conform to applicable laws; codes, ordinances and regulations of any governmental agency having jurisdiction over the project, at the time services are rendered. The Consultant shall perform its services within the response times provided herein and as expeditiously as is consistent with the Standard of Care and with the orderly progress of the Work. 3. The Consultant shall not be required to sign any documents, no matter by who requested, that would result in the Consultant having to certify, guaranty or warrant the existence of conditions whose existence the Consultant cannot ascertain. Any certification provided by the Consultant shall be so provided based on the Consultant's knowledge, information and belief subject to the preceding sentence, and shall be given in the Consultant's professional opinion consistent with the Standard of Care. 4. Nothing contained in this Agreement is intended to create a contractual relationship with, or a cause of action in favor of, a third party against either the County or the Consultant. The Consultant's services under this Agreement are being performed solely for the benefit of the County and it is the intent of the parties that no person or other entity shall have any claim against the County or the Consultant because of this Agreement. In addition, nothing herein shall be construed Page 2 of 6 MONROE COUNTY,FLORIDA September 17,2013 REQUEST FOR PROPOSALS# as creating a contractual relationship between the County and any employee or representative of the Consultant. 5. The Consultant will be responsible for coordination of its work with County officials. 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 specify the legal reasons for a failed review or inspection, and the necessary remedial actions. 7. The Consultant shall provide to the County clear, specific, and definite written final recommendations and observations that support the Consultant's recommendations and conclusions regarding each building inspection and plan review. 8. 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 excluding weekends and County Holidays. 9. The Consultant guarantees that no work shall be performed on private sites within the 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. 10. The Consultant shall not perform work of any kind or description within 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. 11. All services shall be compensated at the hourly rates established in accordance with the attached schedule, EXHIBIT C. However, the total compensation to the Consultant for services of the Consultant shall not, correspondingly, increase above those stated in the attached schedule. 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. E. DESCRIPTION OF SERVICES 1. Building, Permitting and Inspection Department Services (under supervision of the Building Official) Page 3 of 6 MONROE COUNTY,FLORIDA September 17,2013 REQUEST FOR PROPOSALS# 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. b) Plan review must be conducted at the relevant County offices in Key Largo, Marathon and/or Stock Island to ensure access to permit files and plans. c) The County Building Official will oversee the duties performed by the consultant's staff as required by F.S. 468. The Consultant's staff must be available to work up to 40 hours per week as well as some evening and weekend hours depending on the workload. 2. Planning& Environmental Resources Department (under supervision of the Senior Director, Planning and Environmental Resources) a) The Consultant is to review site plans for residential, commercial, office, or industrial development, sign and fence permits for compliance with County land use standards contained in the Land Development Code, as well as application and site plan review for compliance with the Land Development Code. b) Plan review must be conducted at the relevant County offices in Key Largo, Marathon and/or Stock Island to ensure access to permit files, plans, maps and human resources when needed. c) County staff will advise and direct Consultant's staff concerning work approved under the task order. The Consultant's staff must be available to work between up to 40 hours per week as well as some evening and weekend hours depending on the workload. 3. Fire Prevention Services (under supervision of the Fire Marshal) a) The Consultant is to perform fire prevention 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 2010 Florida Fire Prevention Code (and related successors) and other codes as adopted by the State of Florida (by F.S. 633 and F.A.C. 69-A). b) Plan review must be conducted at the relevant County offices to ensure access to permit files and plans. c) Consultant's staff must be available to work between up to 40 hours per week as well as some evening and weekend hours depending on the workload. d) Inspectors and plan reviewers must be Florida State Certified Fire Protection Engineers Page 4 of 6 MONROE COUNTY,FLORIDA September 17,2013 REQUEST FOR PROPOSALS# specializing in sprinkler systems and fire alarm systems, and qualified to review all aspects of structure and architectural design. In addition, Consultant's employees are required to be Florida State Certified Fire Safety Inspector I or It. F. SPECIAL CONDITIONS 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 firm 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 free. Temporary support personnel shall be mentally, emotionally, and physically competent to perform the services required. 3. Temporary support personnel must provide their own transportation to and from the job site and they are responsible for their own parking. 4. The Consultant must assume the employer/employee relationship. The County shall not be liable for any workers' compensation or Title VII of the Civil Rights Act claim that may arise from the temporary assignment. 5. National Crime Information Center backgrounds and police checks may be done on temporary support personnel by the County at any time during the contract period. 6. Persons employed by the Consultant in the performance of services pursuant to this contract shall not be considered employees of the County, shall be independent thereof and shall have no claim against the County as to pension, worker's compensation, unemployment compensation, insurance, salary, wages or other employee rights or privileges granted by operation of law or by the County to its officers and employees. 7. The Consultant agrees to reimburse the County for any improper charges, which can be documented as a result of the Consultant's employee(s) making unauthorized long distance telephone calls or other inappropriate use of County property while working at or on behalf of the County. 8. Professional behavior and conduct will be demonstrated by Consultant's employees at all times while performing work assignments under this contract. All employees provided by Consultant shall be required to dress in professional, conservative business-like attire, suitable for public exposure. No jeans, T-shirts, or athletic shoes will be allowed, unless approved by the County Department to which the temporary personnel are assigned. Consultant must provide its employees with suitable safety attire including puncture proof footwear for work assignments conducted in the field. In addition, Consultant must provide its employees with all necessary equipment and tools to perform Page 5 of 6 MONROE COUNTY,FLORIDA September 17,2013 REQUEST FOR PROPOSALS# tasks assigned under this agreement. Failure to be adequately prepared for work assignments may result in rejection of the Consultant's employees at no cost to County. 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