Item G04M
C ounty of f Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor George Neugent, District 2
The Honda, Ke Se
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Mayor Pro Tern David Rice, District 4
Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
November 14, 2017
Agenda Item Number: G.4
Agenda Item Summary #3527
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Steve Williams (305) 289 -2584
N/A
AGENDA ITEM WORDING: Approval of Amendment No. 5 to the contract with M.T. Causley,
Inc., to modify Section II, Scope of Services, to add emergency protective measures following
Hurricane Irma.
ITEM BACKGROUND:
At the March 19, 2014 BOCC meeting, the Board approved a contract with M.T. Causley as the
external provider of professional services for plan review, inspection services and development
review for the Growth Management Division. On September 10, 2017 Hurricane Irma, a Category 4
hurricane, made landfall in the Florida Keys causing substantial damage to and loss of property.
Monroe County is in need of additional staff to assist with emergency protective measures as a result
of Hurricane Irma. Amendment No. 5 to the contract will modify Section 11, Scope of Services, to
add emergency protective measures following Hurricane Irma.
PREVIOUS RELEVANT BOCC ACTION:
January 20, 2016, BOCC approved Amendment No. 4.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval of Amendment No. 5
DOCUMENTATION:
REVISED MT Causley 5th Amendment (effective date 9/5/2017)
M.T. Causley Contract with amendments 1 -4
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
REVIEWED BY:
Steve Williams
Completed
10/30/2017 2:34 PM
10/30/2017 6:33 PM
Completed
Bob Shillinger Completed
Assistant County Administrator Christine Hurley
10/30/2017 6:35 PM
Mayte Santamaria Completed
Kathy Peters Completed
Board of County Commissioners Pending
10/30/2017 6:38 PM
10/31/2017 8:34 AM
11/14/2017 9:00 AM
AMENDMENT No. 5
TO CONTRACT FOR PROFESSIONAL SUPPORT SERVICES FOR PLAN REVIEW,
INSPECTION SERVICES AND PLANNING /ZONING DEVELOPMENT REVIEW
This Amendment No. 5 to Contract for Professional Services (Amendment) is entered
into this 14 day of November, 2017 between Monroe County, Florida (County) and M. T.
Causley, Inc. (Consultant).
WITNESSETH:
WHEREAS, the parties entered into a Contract for Professional Support Services for
Plan Review, Inspection Services and Planning /Zoning Development Review (Contract) on
March 19, 2014; and
WHEREAS, the parties executed Amendment No. 1 to the existing Contract for
Professional Services for Plan Review, Inspection Services and Planning /Zoning Development
Review on August 20, 2014; and
WHEREAS, the parties executed Amendment No. 2 to the existing Contract for
Professional Services for Plan Review, Inspection Services and Planning /Zoning Development
Review on February 18, 2015; and
WHEREAS, the parties executed Amendment No. 3 to the existing Contract for
Professional Support Services for Plan Review, Inspection Services and Planning /Zoning
Development Review on March 18, 2015; and
WHEREAS, the parties executed Amendment No. 4 to the existing Contract for
Professional Support Services for Plan Review, Inspection Services and Planning /Zoning
Development Review on January 20, 2016; and
WHEREAS, the Monroe County Mayor declared a State of Local Emergency on
September 5, 2017 due to Hurricane Irma, a "threat of danger to the populace inhabiting
Monroe County" and that the County "may require expedient action in order to protect the
health, safety and welfare of the community;" and
WHEREAS, Hurricane Irma, a Category 4 hurricane, made landfall in the Florida Keys
on September 10, 2017, causing substantial damage to and loss of property; and
WHEREAS, the Monroe County Mayor issued other declarations a State of Local
Emergency on September 13, 2017, September 20, 2017, September 25, 2017, September 26,
2017, October 3, 2017, and October 11, 2017, due to Hurricane Irma, a "threat of danger to the
populace inhabiting Monroe County" and that the County "may require expedient action in
order to protect the health, safety and welfare of the community;" and
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WHEREAS, Monroe County experienced a natural disaster, Hurricane Irma, which
caused significant damage to residences, businesses and infrastructure throughout the County;
and
WHEREAS, Monroe County is in need of additional staff to assist with necessary
emergency protective measures as a result of Hurricane Irma;
NOW, THEREFORE the parties agree as follows:
1. The Contract is modified in Section II, Scope of Services, to add services including
emergency protective measures following Hurricane Irma.
2. Termination
2.1 hl the event that the CONSULTANT shall be found to be negligent in any aspect of
service the COUNTY shall have the right to terminate this agreement after five days
written notification to the CONSULTANT.
2.2 Either of the parties hereto may cancel this Agreement without cause by giving the
other party sixty (60) days written notice of its intention to do so.
2.3 Termination for Cause and Remedies: hl the event of breach of any contract terms, the
COUNTY retains the right to terminate this Agreement. The COUNTY may also
terminate this agreement for cause with CONSULTANT should CONSULTANT fail
to perform the covenants herein contained at the time and in the manner herein
provided. In the event of such termination, prior to termination, the COUNTY shall
provide CONSULTANT with five (5) calendar days' notice and provide the
CONSULTANT with an opportunity to cure the breach that has occurred. If the breach
is not cured, the Agreement will be terminated for cause. If the COUNTY terminates
this agreement with the CONSULTANT, COUNTY shall pay CONSULTANT the sum
due the CONSULTANT under this agreement prior to termination, unless the cost of
completion to the COUNTY exceeds the funds remaining in the contract; however, the
COUNTY reserves the right to assert and seek an offset for damages caused by the
breach. The maximum amount due to CONSULTANT shall not in any event exceed
the spending cap in this Agreement. In addition, the COUNTY reserves all rights
available to recoup monies paid under this Agreement, including the right to sue for
breach of contract and including the right to pursue a claim for violation of the
COUNTY's False Claims Ordinance, located at Section 2 -721 et al. of the Monroe
County Code.
3. Termination for Convenience: The COUNTY may terminate this Agreement for
convenience, at any time, upon one (1) weeks' notice to CONSULTANT. The COUNTY
may also terminate this agreement for cause with CONSULTANT should CONSULTANT
fail to perform the covenants herein contained at the time and in the manner herein
provided. hl the event of such termination, prior to termination, the COUNTY shall provide
CONSULTANT with five (5) calendar days' notice and provide the CONSULTANT with
an opportunity to cure the breach that has occurred. If the breach is not cured, the
Agreement will be terminated for cause. If the COUNTY terminates this agreement with
the CONSULTANT, COUNTY shall pay CONSULTANT the sum due the
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CONSULTANT under this agreement prior to termination, unless the cost of completion to
the COUNTY exceeds the funds remaining in the contract. The maximum amount due to
CONSULTANT shall not exceed the spending cap in this Agreement. In addition, the
COUNTY reserves all rights available to recoup monies paid under this Agreement,
including the right to sue for breach of contract and including the right to pursue a claim for
violation of the COUNTY's False Claims Ordinance, located at Section 2 -721 et al. of the
Monroe County Code.
4. Nondiscrimination /Equal Employment Opportunity. CONSULTANT and COUNTY
agree that there will be no discrimination against any person, and it is expressly understood
that upon a determination by a court of competent jurisdiction that discrimination has
occurred, this Agreement automatically terminates without any further action on the part of
any party, effective the date of the court order. CONSULTANT or COUNTY agrees to
comply with all Federal and Florida statutes, and all local ordinances, as applicable,
relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil
Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the basis of race, color
or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC
ss. 1681 -1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3)
Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which
prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975,
as amended (42 USC ss. 6101 -6107) which prohibits discrimination on the basis of age; 5)
The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended, relating to
nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 -616), as
amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The
Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee -3), as
amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII
of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time,
relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter
13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion,
national origin, ancestry, sexual orientation, gender identity or expression, familial status or
age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may
apply to the parties to, or the subject matter of, this Agreement.
During the performance of this Agreement, the CONSULTANT, in accordance with Equal
Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964 -1965 Comp., p.
339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating
to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60
(Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶ C, agrees as follows:
4.1 The consultant will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national
origin. The consultant will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to their
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race, color, religion, sex, sexual orientation, gender identity, or national origin. Such
action shall include, but not be limited to the following: Employment, upgrading,
demotion, or transfer, recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the contracting
officer setting forth the provisions of this nondiscrimination clause.
4.2 The consultant will, in all solicitations or advertisements for employees placed by or on
behalf of the contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin.
4.3 The consultant will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has inquired
about, discussed, or disclosed the compensation of the employee or applicant or another
employee or applicant. This provision shall not apply to instances in which an employee
who has access to the compensation information of other employees or applicants as a
part of such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such
information, unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding, hearing, or action, including an
investigation conducted by the employer, or is consistent with the consultant's legal
duty to furnish information.
4.4 The consultant will send to each labor union or representative of workers with which it
has a collective bargaining agreement or other contract or understanding, a notice to be
provided by the agency contracting officer, advising the labor union or workers'
representative of the consultant's commitments under section 202 of Executive Order
11246 of September 24, 1965, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
4.5 The consultant will comply with all provisions of Executive Order 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
4.6 The consultant will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary
of Labor, or pursuant thereto, and will permit access to his books, records, and accounts
by the contracting agency and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and orders.
7 In the event of the consultant's non - compliance with the nondiscrimination clauses of
this contract or with any of such rules, regulations, or orders, this contract may be
canceled, terminated or suspended in whole or in part and the contractor may be
declared ineligible for further Government contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in Executive Order 11246 of
September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as
otherwise provided by law.
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5. Federal Contract Requirements. The CONSULTANT and its subcontractors must follow
the provisions as set forth in 2 C.F.R. §200.326 and 2 C.F.R. Part 200, as amended
including but not limited to:
5.1 Contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act (42 U.S.C. § §7401- 7671q) and the Federal Water
Pollution Control Act as amended (33 U.S.C. § §1251 -1387) and will reports violations
to FEMA and the Regional Office of the Environmental Protection Agency (EPA).
Davis -Bacon Act as amended (40 U.S.C. § §3141- 3148). When required by Federal
program legislation, which includes emergency Management Preparedness Grant
Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal
Homeland Security Grant Program, Port Security Grant Program and Transit Security
Grant Program, all prime construction contracts in excess of $2,000 awarded by non -
Federal entities must comply with the Davis -Bacon Act (40 U.S.C. § §3141 -3144, and
§ §3146 -3148) as supplemented by Department of Labor regulations (29 CFR Part 5,
"Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction "). In accordance with the statute, contractors must be required to
pay wages to laborers and mechanics at a rate not less than the prevailing wages
specified in a wage determination made by the Secretary of Labor. In addition,
contractors must be required to pay wages not less than once a week. If applicable, the
COUNTY must place a current prevailing wage determination issued by the
Department of Labor in each solicitation. The decision to award a contract or
subcontract must be conditioned upon the acceptance of the wage determination. The
COUNTY must report all suspected or reported violations to the Federal awarding
agency. When required by Federal program legislation, which includes emergency
Management Preparedness Grant Program, Homeland Security Grant Program,
Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port
Security Grant Program and Transit Security Grant Program (it does not apply to other
FEMA grant and cooperative agreement programs, including the Public Assistance
Program), the contractors must also comply with the Copeland "Anti- Kickback" Act
(40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part
3, "Contractors and Subcontractors on Public Building or Public Work Financed in
Whole or in Part by Loans or Grants from the United States "). As required by the Act,
each contractor or subrecipient is prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part
of the compensation to which he or she is otherwise entitled. The COUNTY must
report all suspected or reported violations to the Federal awarding agency.
Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. §
3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are
incorporated by reference into this contract.
Subcontracts. The contractor or subcontractor shall insert in any subcontracts
the clause above and such other clauses as the FEMA may by appropriate
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instructions require, and also a clause requiring the subcontractors to include
these clauses in any lower tier subcontracts. The prime contractor shall be
responsible for the compliance by any subcontractor or lower tier subcontractor
with all of these contract clauses.
Breach. A breach of the contract clauses above may be grounds for
termination of the contract, and for debarment as a contractor and
subcontractor as provided in 29 C.F.R. § 5.12.
5.2 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701 - 3708). Where
applicable, which includes all FEMA grant and cooperative agreement programs, all
contracts awarded by the COUNTY in excess of $100,000 that involve the employment
of mechanics or laborers must comply with 40 U.S.C. §§ 3702 and 3704, as
supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C.
§3702 of the Act, each contractor must compute the wages of every mechanic and
laborer on the basis of a standard work week of 40 hours. Work in excess of the
standard work week is permissible provided that the worker is compensated at a rate of
not less than one and a half times the basic rate of pay for all hours worked in excess of
40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to
construction work and provide that no laborer or mechanic must be required to work in
surroundings or under working conditions which are unsanitary, hazardous or
dangerous. These requirements do not apply to the purchases of supplies or materials or
articles ordinarily available on the open market, or contracts for transportation or
transmission of intelligence.
5.3 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets
the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that "funding agreement," the
recipient or subrecipient must comply with the requirements of 37 CFR Part 401,
"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms
Under Government Grants, Contracts and Cooperative Agreements," and any
implementing regulations issued by the awarding agency.
5.4 Clean Air Act (42 U.S.C. 7401- 7671q.) and the Federal Water Pollution Control Act
(33 U.S.C. 1251- 1387), as amended — Contracts and subgrants of amounts in excess of
$150,000 must comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act (42 U.S.C. 7401- 7671q) and the Federal Water Pollution
Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the
Federal awarding agency and the Regional Office of the Environmental Protection
Agency (EPA).
5.5 Debarment and Suspension (Executive Orders 12549 and 12689) —A contract award
(see 2 CFR 180.220) must not be made to parties listed on the governmentwide
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exclusions in the System for Award Management (SAM), in accordance with the OMB
guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986
Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and
Suspension." SAM Exclusions contains the names of parties debarred, suspended, or
otherwise excluded by agencies, as well as parties declared ineligible under statutory or
regulatory authority other than Executive Order 12549.
5.6 Byrd Anti - Lobbying Amendment (31 U.S.C. 1352)— Contractors that apply or bid for
an award exceeding $100,000 must file the required certification. Each tier certifies to
the tier above that it will not and has not used Federal appropriated funds to pay any
person or organization for influencing or attempting to influence an officer or employee
of any agency, a member of Congress, officer or employee of Congress, or an
employee of a member of Congress in connection with obtaining any Federal contract,
grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any
lobbying with non - Federal funds that takes place in connection with obtaining any
Federal award. Such disclosures are forwarded from tier to tier up to the non - Federal
award.
5.7 Compliance with Procurement of recovered materials as set forth in 2 CFR § 200.322.
CONTRACTOR must comply with section 6002 of the Solid Waste disposal Act, as
amendment by the Resource Conservation and Recovery Act. The requirements of
Section 6002 include procuring only items designed in guidelines of the Environmental
Protection Agency (EPA at 40 CPR part 247 that contain the highest percentage of
recovered materials practicable, consistent with maintaining a satisfactory level of
competition, where the purchase price of the item exceeds $10,000 or the value of the
quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid
waste management services in a manner that maximizes energy and resource recovery;
and establishing an affirmative procurement program for procurement of recovered
materials identified in the EPA guidelines.
6. Other Federal Requirements.
6.1 Americans with Disabilities Act of 1990 (ADA) – The CONTRACTOR will comply
with all the requirements as imposed by the ADA, the regulations of the Federal
government issued thereunder, and the assurance by the CONTRACTOR pursuant
thereto.
6.2 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of
the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part
with COUNTY funds under this Agreement. The DBE requirements of applicable
federal and state laws and regulations apply to this Agreement. The COUNTY and its
CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the
performance of this Agreement. In this regard, all recipients and contractors shall take
all necessary and reasonable steps in accordance with applicable federal and state laws
and regulations to ensure that the DBE's have the opportunity to compete for and
perform contracts. The COUNTY and the CONTRACTOR and subcontractors shall
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not discriminate on the basis of race, color, national origin or sex in the award and
performance of contracts, entered pursuant to this Agreement.
6.3 The Contractor shall utilize the U.S. Department of Homeland Security's E- Verify
system to verify the employment eligibility of all new employees hired by the
Contractor during the term of the Contract and shall expressly require any
subcontractors performing work or providing services pursuant to the Contract to
likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify
the employment eligibility of all new employees hired by the subcontractor during the
Contract term.
7. This Amendment No. 5 is retroactively effective to September 5, 2017 and is hereby
incorporated into and made a part of the Contract for Professional Support Services for
Plan Review, Inspection Services and Planning /Zoning Development Review entered into
on March 19, 2014.
8. All other provisions are to remain the same, except for those included in Amendment No
1, Amendment No. 2, Amendment No.3, and Amendment No. 4 to the Contract.
M.T. CAUSLEY, INC.
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
Michael T. Causley, President
Date
Witness
Witness
STATE OF FLORIDA
COUNTY OF MONROE
George Neugent, Mayor
ATTEST: Kevin Madok, Clerk
Deputy Clerk
On this day of October 2017 before me appeared Michael T. Causley, President of
M.T. Causley, Inc., the person whose name is subscribed above, and who produced
as identification, or is personally known to me, and
acknowledge that he is the person who executed the above Contract for the purposes therein
contained.
Notary Public
Print Name
My commission expires:
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Meeting Date: JebruM 10, 2016 Department: - ARM99 —
Bulkltem: Yes _?�— No _ Staff Contact /Phone 4: Christine Hurley, Ext. 2517
AGENDA ITEM WORDING: Approval of Amendment No. 4 to Contract for permitting, plan
review and inspections as needed professional support services with M.T. Causley, Inc. maintaining the
same rates and extending to September 30, 2020.
PREVIOUS RELEVANT BOCC ACTION:
March 18, 2015, BOCC approved Amendment No. 3 to the Contract
February 18, 2015 BOCC Approved Amendment No. 2 to the Contracl
August 20, 2014 BOCC Approved Amendment No. I to Contract
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COST TO COUNTY:
REVENUE PRODUCING: Yes — No — AMOUNT PER MONTH Year
APPROVED BY: County Attorneyv OMB/Purchasing Risk Management
DOCUMENTATION: Included x Not Required_
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Revised 6.15
AMIENDMIENT No.
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This Amendment No. 4 to Contract For Professional Services (Amendment) is entered
into this 20` day of January, 2016 between Monroe County, Florida (County) and M. T.
Causley, Inc. (Consultant).
WHEREAS, the parties entered into a Contract for Professional Support Services for
Plan Review, Inspection Services and Planning/Zoning Development Review (Contract) on
March 19, 2014; and
WHEREAS, the parties executed Amendment No. 1 to the existing Contract for
Professional Services for Plan Review, Inspection Services and Planning/Zoning Development
Review on August 20, 2014; and
WHEREAS, the parties executed Amendment No. 2 to the existing Contract for
Professional Services for Plan Review, Inspection Services and Planning/Zoning Development
Review on February 18, 2015; and
WHEREAS, the parties executed Amendment No. 3 to the existing Contract for
Professional Support Services for Plan Review, Inspection Services and Planning/Zoning
Development Review on March 18, 2015; and
WHEREAS, Section I TERM OF CONTRACT of the original contract states, in part:
"This Contract shall be effective on the date above, for a period of two (2) years. The term of
this Contract shall be renewable in accordance with Section V herein "; and
WHEREAS, Section V RENEWAL of the original contract states, in part: "The County
shall have the option to renew this Contract after the original term, for an additional period of
up to two (2) years with the same terms. "; and
WHEREAS, both parties desire that the renewal of the contract be extended for
additional MT Causley service periods; and
1. The Contract is modified in Section V RENEWAL to state: "The County shall have the
option to renew this Contract after the original term, for an additional period until to
two (2) years wM the same isam September 30, 2020. Said extension period places this
contract on the County fiscal budget calendar.
2. This Amendment No. 4 is effective January 20, 2016 and is hereby incorporated into
and made a part of the Contract for Professional Support Services for Plan Review,
Inspection Services and Planning/Zoning Development Review entered into on March 19,
2014.
3. All other provisions are to remain the same, except for those included in Amendment No.
1, Amendment No. 2, and Amendment No.3 to the Contract.
M.T. CAUSLEY, INC.
W=4155 - 0 i, i I I
LOLOINKI 6 1 4014JO 101 " 111031 Z
Heather Carruthers, Mayor
ATTEST: Amy Heavilin, Clerk
Deputy Clerk
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WHEREAS, the parties entered into a Contract for Professional Support Services for
Plan Review, Inspection Services and Planning/Zoning Development Review (Contract) on
March 19, 2014; and
WHEREAS, the parties executed Amendment No. I to the existing Contract for
Professional Services for Plan Review, Inspection Services and Planning/Zoning Development
Review on August 20, 2014; and
WHEREAS, the parties executed Amendment No. 2 to the existing Contract for
Professional Services for Plan Review, Inspection Services and Planning/Zoning Development
Review on February 18, 2015; and
WHEREAS, Amendments No. I and No. 2 failed to address the distinction in hourly rate
between an in-house Biologist and a traditional Causley hourly rate for a Biologist; and
WHEREAS, Exhibit B to the Contract is the hourly rates for the job classifications
covered under the Contract and the "In-house" and traditional hourly rates for both Biologist
and Planner need to be set forth in Exhibit B; and
WHEREAS, Section III COMPENSATION of the original contract states, in part: "Total
Contract shall not exceed $500,000-00 (Five Hundred Thousand dollars) per year."; and
WHEREAS, clarification is needed to state that Section III COMPENSATION applies to
a given "fiscal" year for accounting and record-keeping purposes; and
WHEREAS, the annual maximum contract compensation needs to be adjusted due to
the departure of former County employees, increased workload and the need for additional MT
Causley services as a result of those departures and workload; and
NOW, THEREFORE the parties agree as follows:
1. The Contract is modified to re-introduce the traditional hourly rate of the Biologist who is
not "In-house" that was removed from Exhibit B in Amendment No. I to the Contract.
V ., .
2. The Contract is modified in Section III COMPENSATION at the final sentence of said
section to state: "Total Contract shall not exceed $509, DGMA950A0-0 (Fiore Nine
Hundred and Fift fi year."
y Thousand Dollars) per L
3. This Amendment No. 3 is effective March 18, 2015, and is hereby incorporated into
and made a part of the Contract for Professional Support Services for Plan Review,
Inspection Services and Planning/Zoning Development Review entered into on March 19,
2014.
4. All other provisions are to remain the same, except for those included in Amendment No. I
and Amendment No. 2 to the Contract.
M.T. CAUSLEY, INC.
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
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Witness
Witness
MONROE COUNTY ATTORNEY
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ROV _EDA F ORM:
STEVEN T. WILLIAM
ASSISTANT-COUNTY ATTORNEY
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February 18, 2015
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STANDARD
BEYOND 5 PM
SERVICE
HOURLY RATE
AND SATURDAYS*
Inspectors- Building, Mechanical, Electrical,
$65.00
$97.50per hour
and Plumbing
4/hr minimum in Upper
2/hr minimum in the
Monroe County and 8/lu
upper Monroe County
minimum in the middle
and 4/hr minimum in
and lower Monroe
the middle and lower
County
Monroe County
Plans Examiner- Building, Mechanical,
$70.00 per hour
$105.00 per hour
Electrical, and Plumbing
4/hr minimum in Upper
2/hr minimum in the
Monroe County and 8/hr
upper Monroe County
minimum in the middle
and 4/hr minimum in
and lower Monroe
the middle and lower
C
Monroe county
Building Official
$72.50 per hour
$108.75 per hour
4/hr minimum in Upper
2/hr minimum in the
Monroe County and 8/hr
upper Mom +oe County
minimum in the middle
and 4/hr minimum in
and lower Monroe
the middle and lower
County
Monroe County
Fire Plans Examiners
$70.00 per hour
$105.00 per hour
4/hr minimum in Upper
2/hr minimum in the
Monroe County and 8/hr
upper Monroe County
minimum in the middle
and 4/hr minimum in
and lower Monroe
the middle and lower
County
Monroe County
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Page 1 of 3
Fire Inspectors
565.00 per hour
$97.50 per hour
41hr minimum in Upper
2/hr minimum in the
Monroe County and 8/hr
upper Monroe County
minimum in the middle
and 4/hr minimum in
and lower Monroe
the middle and lower
county
Monroe Co unty
Customer Service/ Permit Clerks
$38 per hour
57.00 per hour
4/hr minimum in Upper
2/hr minimum in the
Monroe County and 8/hr
upper Monroe County
minimum in the middle
and 4/hr minimum in
and lower Monroe
the middle and lower
County
Monroe County
Architects and Engineer Services
S 135 per how
$270 per hour
Mechanical, Electrical, Plumbing and
4/hr minimum in Upper
2/hr minimum in the
Structural
Monroe County and 8/hr
upper Monroe County
minimum in the middle
and 4/hr minimum in
and lower Monroe
the middle and lower
County
Monroe Coun
Biologist
$137.50 per 4/hr minimum
$206.25 per hour 2/hr
(when available)
in Upper Monroe County
minimum in the upper
and 81hr minimum in the
Monroe County and 4/hr
middle and lower Monroe
minimum in the middle
County
and lower Monroe
Coup
In- House Biologist
$65.00 per hour 4/hr
$97.50 per hour
(when available)
minimum in Upper
2/hr minimum in the
Monroe County and Whr
upper Monroe County
minimum in the middle
and 4/hr minimum in
and lower Monroe
the middle and lower
county
Monroe Coun
Planner
$192.50 per hour 4/hr
$288.67 per hour 2/hr
(when available)
minimum in Upper
minimum in the upper
Monroe County and 8/hr
Monroe County and 4/hr
minimum in the middle
minimum in the middle
and lower Monroe County
and lower Monroe
County
In- House Planner
$95.00 per hour 41hr
$142.50 per hour 2/hr
(when available)
minimum in Upper
minimum in the upper
Monroe County and 8/hr
Monroe County and 4/hr
minimum in the middle
minimum in the middle
and lower Monroe
and lower Monroe
County
county
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Monroe County July 17, 2014
Zoning Technician S 192.50 per hour 4/hr $288.75 per hour
(when available) minimum in Upper 2/hr minimum in the
Monroe County and 8/hr upper Monroe County
minimum in the middle and 4/hr minimum in
and lower Monroe the middle and lower
County Monroe County
:dr1 .-v l + :7..�� •. �r..�C• is =. .� VI � • 1 r. : ,.�. 1 c. ,l ' . � Ut�_._I � .
the Ondard hourly rate with 2/hr minimum in the upper Monroe County and 4/hr minimum in
the middle and Monroe County.
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AMENDMENT
III WAW�=M_ "WWA"W
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ThAendment No. 2 to Contract For Professional Services (Amendment) is entered
into this _ day of February, 2015 between Monroe County, Florida (County) and M. T.
Causley, Inc. (Consultant).
VA V NO 3
WHEREAS, the parties entered into a Contract for Professional Support Services for
Plan Review, Inspection Services and Planning/Zoning Development Review (Contract) on
March 19, 2014; and
WHEREAS, the parties executed Amendment No. I to the existing Contract for
Professional Services for Plan Review, Inspection Services and Planning/Zoning Development
Review on August 20, 2014; and
WHEREAS, Exhibit B to the Contract is the hourly rates for the job classifications
covered under the Contract and the "In-house" and traditional hourly rates for a Planner need to
be set forth in Exhibit B; and
WHEREAS, the hourly rate for the in-house Planner is being reduced and the services of
the in-house Planner are required as of February 18, 2015; and
NOW, THEREFORE the parties agree as follows:
1. The Contract is modified to reflect the revised hourly rate for the Planner as shown on
Exhibit B, attached hereto.
2. This Amendment No. 2 is effective February 18, 2015, and is hereby incorporated into
and made a part of the Contract for Professional Support Services for Plan Review,
Inspection Services and Planning/Zoning Development Review entered into on March 19,
2014.
3. All other provisions are to remain the same, except for those included in Amendment No. I
to the Contract.
M.T. CAUSLEY, INC.
Mich o T. Ca6rey, President
Date
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for Monro County
February 19, 2015
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STANDARD
STANDARD
BEYOND 5, PM
SERVICE
RATE
AND SATURDAYS*
Inspectors- Building, Mechanical, Electrical,
$65.00
$97.50per hour
and Plumbing
4/hr minimum in Upper
2/hr minimum in the
Monroe County and 8/hr
upper Monroe County
minimum in the middle
and 4/hr minimum in
and lower Mom+oe
the middle and lower
County
Monroe County
Plans Examiner- Building, Mechanical,
$70.00 per hour
$105.00 per hour
Electrical, and Plumbing
4/hr minimum in Upper
2/hr minimum in the
Monroe County and 8/hr
upper Monroe County
minimum in the middle
and 4/hr minimum in
and lower Monroe
the middle and lower
County
Monroe Co unty
Building Official
$72.50 per hour
$108.75 per hour
4/hr minimum in Upper
2/hr minimum in the
Monroe County and 8/hr
upper Monroe County
minimum in the middle
and 4/hr minimum in
and lower Monroe
the middle and lower
county
Momoc
Fire Plans Examiners
$70.00 per hour
$105.00 per hour
4/hr minimum in Upper
2/hr minimum in the
Monroe County and 8/hr
upper Monroe County
minimum in the middle
and 4/hr minimum in
and lower Monroe
the middle and lower
County
Monroe County
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Monroe County July 17, 2014
Fire Inspectors
$65.00 per hour
$97.50 per hour
4/hr minimum in Upper
2/hr minimum in the
Monroe County and 8/hr
upper Monroe County
minimum in the middle
and 4/hr minimum in
and lower Monroe
the middle and lower
county
Monroe County
Customer Service/ Permit CI
$38 per hour
57.00 per hour
4/hr minimum in Upper
2/hr minimum in the
Monroe County and 8/hr
upper Monroe County
minimum in the middle
and 4/hr minimum in
and lower Monroe
the middle and lower
County
Monroe County
Architects and Engineer Services
$135 per hour
$270 per hour
Mechanical, Electrical, Plumbing and
4/hr minimum in Upper
2/hr minimum in the
Structural
Monroe County and 8/hr
upper Monroe County
minimum in the middle
and 4/hr minimum in
and lower Monroe
the middle and lower
County
Monroe County
Biologist
$65.00 per hour 4/hr
$97.50 per hour
(when available)
minimum in Upper
2/hr minimum in the
Monroe County and 8/hr
upper Monroe County
minimum in the middle
and 4/hr minimum in
and lower Monroe
the middle and lower
county
Monroe Coun
Planner
$192.50 per hour 4/hr
$288:67 per hour
(when available)
minimum in Upper
2/hr minimum in the
Monroe County and 8/hr
upper Monroe County
minimum in the middle
and 4/hr minimum in
and lower Monroe
the middle and lower
county
Monroe Coun
In House Planner
$95.00 per hour 4/hr
$142.50 per hour 2/hr
(when available)
minimum in Upper
minimum in the upper
Monroe County and 8/hr
Monroe County and
minimum in the middle
4/hr minimum in the
and lower Monroe County
middle and lower
Monroe Colux
Zoning Technician
$192.50 per hour 4/hr
$288.75 per hour
(when available)
minimum in Upper
2/hr minimum in the
Monroe County and 8/hr
upper Monroe County
minimum in the middle
and 4/hr minimum in
and lower Monroe
the middle and lower
county
Monroe CT
*Services requested for US Federal Recognized Holdays and Sundays will be provided at 2 times
the standard hourly rate with 2/hr minim in the upper Monroe County and 41hr minimum in
the middle and Monroe County.
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I F FILN M
This AwendmentVo. I to Contract For Professional Services (Amendment) is entered
into thisad ay of , 2014 between Monroe County, Florida (County) and M. T.
Causley, Inc. (Consultant).
WITNESSETH:
WHEREAS, the parties entered into a Contract for Professional Support Services for
Plan Review, Inspection Services and Planning/Zoning Development Review (Contract) on
March 19, 2014; and
WHEREAS, Exhibit B to the Contract is the hourly rates for the job classifications
covered under the Contract; and
WHEREAS, the hourly rate for the Biologist is being reduced and the services of the
Biologist are required as of July 28, 2014;
NOW, THEREFORE the parties agree as follows:
1. The Contract is modified to reflect the revised hourly rate for the Biologist as shown on
Exhibit B, attached hereto.
2. This Amendment No. 1 is effective retroactive to July 28, 2014, and is hereby
incorporated into and made a part of the Contract for Professional Support Services for
Plan Review, Inspection Services and Planning/Zoning Development Review entered into
on March 19, 2014.
3. All other provisions are to remain the same.
M.T. CAUSLEY, INC.
'Miotel iAftyl President
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Date A
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t-: lyd Fra r e Y
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Clerk
MON 0 PUNTY-ATTORNEY,
P �R
�Wwd A PR DA T FORM
I'mi Ae. 7
BOCC082014(2) 1 of 1
P rofessi o nal i i #
f or M onroe C
July 17, 2014
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Page 1 of 2
STANDARD
BEYOND 5 PM
SERVICE
HOURLY RATE
AND SATURDAYS*
Inspectors- Building, Mechanical, Electrical,
$65.00
$97.50per hour
and Plumbing
4/hr minimum in Upper
2/hr minimum in the
Monroe County and 8/hr
upper Monroe County
minimum in the middle
and 4/hr minimum in
and lower Monroe
the middle and lower
County
Monroe County
Plans Examiner- Building, Mechanical,
$70.00 per hour
$105.00 per hour
Electrical, and Plumbing
4/hr minimum in Upper
2/hr minimum in the
Monroe County and 8/hr
upper Monroe County
minimum in the middle
and 4/hr minimum in
and lower Monroe
the middle and lower
County
Monroe County
Building Official
$72.50 per hour
$108.75 per hour
4/hr minimum in Upper
2/hr minimum in the
Monroe County and 8/hr
upper Monroe County
minimum in the middle
and 4/hr minimum in
and lower Monroe
the middle and lower
County
Monroe County
Fire Plans Examiners
$70.00 per hour
$105.00 per hour
4/hr minimum in Upper
2/hr minimum in the
Monroe County and 8/hr
upper Monroe County
minimum in the middle
and 4/hr minimum in
and lower Monroe
the middle and lower
County
Monroe County
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Page 1 of 2
Monroe County July 17, 2014
Fire Inspectors
$65.00 per hour
$97.50 per hour
4/hr minimum in Upper
2/hr minimum in the
Monroe County and 8/hr
upper Monroe County
minimum in the middle
and 4/hr minimum in
and lower Monroe
the middle and lower
County
Monroe Coun
Customer Service/ Permit Clerks
$38 per hour
57.00 per hour
4/hr minimum in Upper
2/hr minimum in the
Monroe County and 8/hr
upper Monroe County
minimum in the middle
and 4/hr minimum in
and lower Monroe
the middle and lower
County
Monroe Coun
Architects and Engineer Services
$135 per hour
$270 per hour
Mechanical, Electrical, Plumbing and
4/hr minimum in Upper
2/hr minimum in the
Structural
Monroe County and 8/hr
upper Monroe County
minimum in the middle
and 4/hr minimum in
and lower Monroe
the middle and lower
County
Monroe Coun
Biologist
$65.00 per hour 4/hr
$97.50 per hour
(when available)
minimum in Upper
2/hr minimum in the
Monroe County and 8/hr
upper Monroe County
minimum in the middle
and 4/hr minimum in
and lower Monroe
the middle and lower
County
Monroe Coun
Planner
$192.50 per hour 4/hr
$288.75 per hour
(when available)
minimum in Upper
2/hr minimum in the
Monroe County and 81lu
upper Monroe County
minimum in the middle
and 4/hr minimum in
and lower Monroe
the middle and lower
County
Monroe Coun
Zoning Technician
$192.50 per hour 4/hr
$288.75 per hour
(when available)
minimum in Upper
2/hr minimum in the
Monroe County and 8/hr
upper Monroe County
minimum in the middle
and 4/hr minimum in
and lower Monroe
the middle and lower
County
I Monroe Coun
*Services requested for US Federal Recognized Holdays and Sundays will be provided at 2 times
the standard hourly rate with 2/hr minimum in the upper Monroe County and 4/hr minimum in
the middle and Monroe County.
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-Y will be n r • ided at 9
and Sundki
times the standard hourly rate with 2/hr minimum in the upper Monroe County and 4/hr
Tr,ini-n,um in the middle and Monroe County.
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•I •:` •I • • •,
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THIS CONTRACT (Contract or Agreement) is entered into this 19th day of March 2014,
�y and between the Board of County Commissioners of Monroe County, Florida ("County" or
" Board "), and •
C ounty WHEREAS, the ob directed and established by ►•. • of
C ounty • • and which are co ns i s t ent • supportive of • • Build
resi dents Cocle, the Monroe County Code of Ordinances, and all other applicable Federal, State and Local
Laws governing work performed under this Contract; and
WHEREAS, it has been determined that it is in the best interests of Monroe County and
its • for PROFESSIONAL SUPPORT PL REVIEW,
INSPECTION SERVICES AN D DEVELOPMENT be entered into with a
private pro vider
WHEREAS, Consultant desires to provide such services.
NOW THEREFORE, in consideration of the mutual promises contained herein, the
parties agree as follows:
C ontract This be on date above for peri • •
term of • be • le in accordance with Section he rein.
C ontract • ntingent upon an annual appropriation by • . • of •
C
• • •
The County, in consideration of the Consultant substantially and satisfactorily
performing and carrying out the objectives of the County in providing professional
support services as detailed in the Scope of Services (attached hereto as Exhibit A),
shall pay the Consultant based on invoices submitted by Consultant to the County's
Division of Growth Management on a monthly basis. Hourly Rates will be those on
Exhibit B. Invoices must provide sufficient detail and documentation to support the
activities and services for the billing period covered by the invoice, including but not
limited to the exact dates, hours of service, job classification, and description of work
March 14, 2014 Final 030420140 210
completed each •'
attached as Exhibit C). Total Contract . $500,000.00 •
Thousand Dollars)
IV. PAYMENT
Prompt 1. Payment will be made after services are rendered in accordance with the Loc
Government
2. Any request for payment must be submitted by the Consultant as an invoice in a
form satisfactory to the County Clerk (Clerk).
3. Invoices must describe in detail the services performed and the payment amount
requested.
4. Invoices must be submitted in a timely manner to the office of Director, Growth
Management Division who will review the request and approve for payment
approved, the invoice is deemed to be accurate and complete. If the invoice is not
detailed
explanation of deficiency • disapproval 1 the invoice.
5. There are no reimbursable items.
f. After the Clerk of the Board examines and approves the request for
County shall reimburse the Consultant by check.
7. Consultant shall provide all Information necessary for the County to facilitate
V. RENEWAL
The County shall have the option to renew this Contract after the original term, for
an additional period of up to two (2) years with the same terms. Renewal is subject
to satisfactory performance by Consultant and the availability of County funds.
The Consultant shall secure, maintain and pay for any licenses necessary to perform
duties and services under this contract. It is the Consultant's responsibility to
maintain all professional licenses that may be required as well as any licenses or
other certifications for any staff provided to the County under this contract by the
Consultant. By signature hereon, the Consultant warrants that it is authorized by law
to engage in the performance of the activities herein described, subject to the terms
and conditions set forth in these contract documents. Proof of such licenses and
March 19, 2014 Final 030420140 210
approvals shall be submitted to the County upon request. The Consultant has, and
shall maintain throughout the term of this contract, appropriate licenses and
approvals required to conduct its business and will at all times conduct its business
activities in a reputable and professional manner.
At all times and for all purposes, the Consultant, its agents and employees are strictly
considered to be Independent Contractors in their performance of the work
contemplated hereunder. As such, the Consultant, its agents and employees shall
not be entitled to any of the benefits, rights or privileges of County employees.
Employees of the Consultant shall at all times exercise independent, professional
judgment and shall assume professional responsibility for the services to be
provided. The Consultant shall provide worker's compensation insurance, any
benefits as desired, and shall be responsible for all tax withholding.
Since this Contract is a service agreement, staffing is of paramount importance.
Consultant shall provide services using the following standards, as a minimum
requirement:
1. The Consultant shall provide at its own expense all necessary personnel to
provide the services under this Contract. The personnel shall not be employees
of or have any contractual relationship with the County.
2. All personnel engaged in performing services under this contract shall be fully
qualified, and, if required, to be authorized or permitted under State and local
law to perform such services, and Consultant shall provide immediate evidence of
such authorization or permission upon request by the County.
3. The County shall, at its sole discretion, have the option to reject any individual
provided to perform services under this Contract by the Consultant.
4. The Consultant shall require each of its employees to execute an
acknowledgement that he /she is not an employee of County and that he /she is
an employee of the Consultant and recognizes that no County benefits are
available, as attached as Exhibit D.
5. The following disciplines shall report to the Department Director or his /her
designee for each discipline as follows:
a. Planning: Senior Director of Planning and Environmental Resources
March 19, 2014 Final 030420140 210
• Environmental Resources: Senior Director of Planning •
Environmental Resources
C • .' •
d. Fire: Fire Marshal (AHJ — Authority Having Jurisdiction)
Each of the above referenced individuals shall have final authority to approve
decisions and work product .. -
above referenced individuals may designate additional
by the Consultant.
6. Employees of Consultant shall comply with the Work Policies and Regulations
of Consultant, attached as Exhibit E, as well as those attached as Exhibit F,
Prohibited Conduct.
Notwithstanding any minimum insurance requirements prescribed elsewhere in this
Contract, the Consultant covenants and agrees that he shall defend, indemnify and
hold the County and the County's elected and appointed officers and employees
harmless from and against (i) any claims, actions or causes of action, (ii) any
litigation, administrative proceedings, appellate proceedings, or other proceedings
relating to any type of injury (including death), loss, damage, fine, penalty or business
interruption, and (iii) any costs or expenses that may be asserted against, initiated
with respect to, or sustained by, any indemnified party by reason of, or in connection
with, (A) any activity of Consultant or any of its employees, agents, Consultants in any
tier or other invitees during the term of this Agreement, (B) the negligence or willful
misconduct of Consultant or any of its employees, agents, Consultants in any tier or
other invitees, or (C) Consultant's default in respect of any of the obligations that it
undertakes under the terms of this Agreement, except to the extent the claims,
actions, causes of action, litigation, proceedings, costs or expenses arise from the
intentional or sole negligent acts or negligent acts in part or omissions of the County
or any of its employees, agents, Consultants or invitees (other than
March 19, 2014 Final 030420140 210
Consultant). Insofar as the claims, actions, causes of action, litigation, proceedings,
costs or expenses relate to events or circumstances that occur during the term of this
Agreement, this section will survive the expiration of the term of this Agreement or
any earlier termination of this Agreement. In the event the work under this
Agreement is delayed or suspended as a result of the Consultant's failure to purchase
or maintain the required insurance, the Consultant shall indemnify the County from
any and all increased expenses resulting from such delay. The first ten dollars
($10.00) of remuneration paid to the Consultant is for the indemnification provided
for above.
♦ WXUM ere Will • . no discrimination against any person,
and it is expressly understood that upon a determination by a Court of competent
jurisdiction discrimination occurred, C ontract automatically
without any further action on the part of any party, effective the date of the court
order. r or • to comply with all Federal and Florida
• all local ordinances, to nondiscrimination. include
but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which
prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the
Education :1: • as amended 0 USC ss. 1681-1683, and 1685-1686),
which prohibits discrimination on basis of • 1. of the
Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits
discrimination on basis • : handicaps; 4) The Age :.i.n Act of 1975, as
amended (42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age;
5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended,
relating i nondiscrimination on basis of drug • Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970
P: 91-616), as amended, relating to nondiscrimination on the basis of alcohol
abuse
or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss.
900 and • f - amended, relating to confidentiality of • • ' and drug
Disabilities abuse patent records; 8) Title Vill of the Civil Rights Act of 1968 (42 USC s. et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; 9)
The Americans with of ••1
1201 Note), maybe
amended from time to time, relating to nondiscrimination on the basis of disability;
/ Monroe County C ode Ch. 13, Art. prohibiting discrimination on the bases of
gender race, color, sex, religion, disability, national origin, ancestry, sexual orientation,
1 or • I:• or it • -
nondiscrimination provisions in any Federal or state statutes which may apply to the
parties to, or • Contract.
R.r r s•
Consultant shall keep and maintain all books, records, and documents directly
March 19, 2014 Final 030420140 210
s /
Florida ' ' 1 1, Consultant and its subcontractors
public r the State of Florida, including but • : ..d
r maintain public records ordinarily and necessarily would be
required by Monroe County .. performance • Agreement.
b. Provide the public with access to public records on the same terms and
conditions that Monroe County would provide the records and at a cost that
does • exceed the cost provided Florida or as
otherwise provided M..
c. Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized
by law.
e. County may cancel this Contract immediately if there is a violation of this
Section.
The passing, approval, and /or acceptance by the County of any defect in the services
March 19, 2014 Final 030420140 210
furnished by the Consultant, shall not operate as a waiver by the County of strict
compliance with the terms of this Contract, and specifications covering the services.
Any Consultant breach of this agreement shall be governed by the article below on
termination for cause.
The County may terminate this agreement without cause by providing the Consultant
with written notice of termination at least fifteen (15) days prior to the date of
termination. Consultant shall immediately withdraw its employees; will cease work
(unless directed to finish work by County); and shall be paid through the date of
termination for work completed.
The County may terminate this agreement for cause if the Consultant shall default in
the performance of any of its obligations under this agreement. Default shall include
the occurrence of any one of the following events and same is not corrected to the
satisfaction of the County within fifteen (15) days after the County provides the
Consultant with written notice of said default:
a. Failure to provide services described in this contract.
b. Failure to comply with local, state, or federal rules or regulations pertaining to
this contract.
c. Breach o f an ot • : • f or requ o f this agreement.
Other than as a bove • f t C onsu l tant ♦ or • : •
ob • er t a except i n wr and w t p rior
approval of the Board of County Commissioners of Monroe County, which approval
shall be subject to such conditions and provisions as the Board may deem necessary.
This paragraph shall be incorporated by reference into any assignment or
su bcontract and •.., f.., • I• •. • I.� • • ♦..
1 •
1. The Consultant represents that it, its directors, principals and employees,
presently have no interest and shall acquire no interest, either direct or
indirect, which would conflict in any manner with the performance of services
required by this contract, as provided in Sec. 112.311, et. seq., Florida
Statutes. Upon execution of this contract, and thereafter as changes may
require, the Consultant shall notify the County of any financial interest it may
have in any and all contracts with Monroe County.
2. The County represents that its officers and employees recognize • will be
required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regardin& but
not a to, solicitation or • of doing business
unauthorized compensation; of public position, •
employment or • • disclosure or
3. Consultant' affiliated company is presently working as a private provider for
inspection services for Key Largo Ocean Resorts (KLOR). Consultant's affiliate
is also employed as a private provider at Howell Key for single family
residence. Consultant cannot perform county plan review or inspections on
the sites mentioned above. The Consultant guarantees that no work shall be
performed on private sites within unincorporated Monroe County other than
assigned by the County, whether or not there is any remuneration to
Consultant or Consultant's employees, whether employed by Consultant or
acting as individuals, during the entire term of this agreement. In addition,
the Consultant shall not have any direct or indirect relationships, business or
otherwise, with any entity having an interest in any project(s) being reviewed
or inspected on behalf of the County. it shall be the responsibility of the
Consultant to inform the County and refrain from performing services on such
jobs. The Consultant shall not perform work of any kind or description within
March 19, 2014 Final 030420140 210
Monroe County for any party other than the County during the term of this
Agreement whether related or unrelated to the types of services covered by
or contemplated under this agreement or in any other location which could
create a conflict of interest.
I. FINANCIAL RESPONSIBILITY
The Consultant shall not pledge the County's credit or make it a guarantor of
payment or surety for any contract, debt, obligation, judgment, lien, or any form of
indebtedness. The Consultant further warrants and represents that it has no
obligation or indebtedness that would impair its ability to fulfill the terms of this
contract.
n otice F'(X. NOTICES
Any t or pe un der and hand
delivered or mailed, postage prepaid, to the other party by certified mail, returne"t
receipt r equeste d , to the foll o wing:
FOR THE COUNTY:
Monroe County Administrator
1100 Simonton Street
Key West, FL 33040
FOR CONSULTANT:
Michael Causley
M.T. Causley, Inc.
97 NE 15 Street
Homestead, FL 33030
Growth Management Director Monroe County Attorney
2798 Overseas Highway 111112 th St., Suite 408
Marathon, FL 33050 Key West, FL 33041
►3f�`.f
The County is exempt from payment of Florida State Sales and Use taxes. The
Consultant shall not be exempted by virtue of the County's exemption from paying
sales tax to its suppliers for materials used to fulfill its obligations under this contract,
nor is the Consultant authorized to use the County's Tax Exemption Number in
securing such materials.
The Consultant shall be responsible for any and all taxes and withholding for any
required deductions from compensation paid to its employees related to services
March 19, 2014 Final 030420140 210
rendered under this agreement. County not be ! • b.! 1: payment for
of Consultant's
XXII. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES
The signatory for the Consultant, below, certifies and warrants that:
1. The Consultant's name in this agreement is its full name as designated in its
corporate charter.
.
corporate 3. This agreement has been approved in accordance with the Consultant's
policies and .
Further, Consultant shall, upon execution of this agreement, provide current proof of
active corporate or other status and a list of its Board of Directors.
March 19, 2014 Final 030420140 210
NNEW MHU -10
If any term, covenant, condition or provision of this Contract (or the application
thereof to any circumstance or person) shall be declared invalid or unenforceable to
any extent by a court of competent jurisdiction, the remaining terms, covenants,
conditions and provisions of this Contract, shall not be affected thereby; and each
remaining term, covenant, condition and provision of this Contract shall be valid and
shall be enforceable to the fullest extent permitted by law unless the enforcement of
the remaining terms, covenants, conditions and provisions of this Contract would
prevent the accomplishment of the original intent of this Contract. The County and
Consultant agree to reform the Contract to replace any stricken provision with a valid
provision that comes as close as possible to the intent of the stricken provision.
The terms, covenants, conditions, and provisions of this Contract shall bind and inure
to the benefit of the County and Consultant and their respective legal
representatives, successors, and assigns.
XXVIII. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Contract have been duly authorized by all necessary County
action and by action of the Consultant, as required by law.
In the event any administrative or legal proceeding is instituted against either party
relating to the formation, execution, performance, or breach of this Contract, County
and Consultant agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related to the
March 19, 2014 Final 030420140 210
substance of Contract or provision of under Contract. Coun
•. Consultant no party to Contract be - • .. • •.
enter into any arbitration proceedings related to this Contract.
XULDERM
The County and Consultant warrant that, in respect to itself, it has neither employed
nor retained any company or person, other than a bona fide employee working solely
for it, to solicit or secure this Contract and that it has not paid or agreed to pay any
person, company, corporation, individual, or firm, other than a bona fide employee
working solely for it, any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Contract. For the
breach or violation of the provision, the Consultant agrees that the County shall have
the right to terminate this Contract without liability and, at its discretion, to offset
from monies owed, or otherwise recover, the full amount of such fee, commission,
percentage, gift, or consideration.
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of
the County and the Consultant in this Contract and the acquisition of any commercial
liability insurance coverage, self - insurance coverage, or local government liability
insurance pool coverage shall not be deemed a waiver of immunity to the extent of
liability coverage, nor shall any contract entered into by the County be required to
contain any provision for waiver.
No person or entity shall be entitled to rely upon the terms, or any of them, of this
Contract to enforce or attempt to enforce any third -party claim or entitlement to or
benefit of any service or program contemplated hereunder, and the County and the
Consultant agree that neither the County nor the Consultant or any agent, officer, or
employee of either shall have the authority to inform, counsel, or otherwise indicate
that any particular individual or group of individuals, entity or entities, have
entitlements or benefits under this Contract separate and apart, inferior to, or
superior to the community in general or for the purposes contemplated in this
Agreement.
Consultant agrees to execute such documents as the County may reasonably require,
including but not limited to a Public Entity Crime Statement, an Ethics Statement, and
a Drug -Free Workplace Statement which are attached hereto in original form with
original signatures from Consultant's response to RFP, or as provided thereafter.
March 19, 2014 Final 030420140 210
q., • •
No covenant or agreement contained herein shall be deemed to b e a covenant
em p l oyee agreement of any member, officer, agent or employee of County in his or h
individual capacity, and no member, officer, agent or • ,-
pe rsonally liable accountability by reason of the execution of this agreement.
This Contract may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same
instrument and any of the parties hereto may execute this Contract by signing any
such counterpart.
• i
Section headings have been inserted in this agreement as a matter of convenience of
reference only, and it is agreed that such section headings are not a part of this
agreement and will not be used in the interpretation of any provision of this
agreement.
XXXVII. INSURANCE POLICIES
Upon execution of this Contract, Consultant shall provide to County evidence of
insurance coverage as follows:
i • i ! �I
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Prior to the commencement of work governed by this contract, the Consultant shall
obtain the following insurance. Coverage shall be maintained throughout the life of
the contract and include, as a minimum:
All insurance should be provided is insurance companies licensed t I
business County Board of County Commissioners shall be named as an Additional Insured. State •.. • 1 A. Best of 1.
SUBC ONTRACTO RS:
As a pre - requisite of the work governed, the CONTRACTOR shall obtain, at his /her
own expense, insurance as specified herein, which is made part of this contract. The
CONTRACTOR shall require all subcontractors to obtain insurance consistent with the
requirements specified in this Contract.
The CONTRACTOR shall provide to the COUNTY as satisfactory evidence of the
required insurance, either:
Certificate of Insurance
am
March 19, 2014 Final 030420140 210
Certified copy of the actual insurance policy
The County, at its sole option, has the right to request a certified copy of any or all
insurance policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non -
renewal, material change, or reduction in coverage unless a minimum of thirty (30)
days prior notification is given to the County by the insurer.
The acceptance and /or approval of the CONTRACTOR'S insurance shall not be
construed as relieving the CONTRACTOR from any liability or obligation assumed
under this contract or imposed by law.
The Monroe County Board of County Commissioners, its employees and officials will
be included as "Additional Insured" on all policies, except for Workers'
Compensation.
XXXVIII. ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the County and the
Consultant for the services contemplated herein. Any amendments or revisions to
this agreement must be in writing and be executed in the same manner as this
agreement.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and
date first written above in four (4) counterparts, each of which shall, without proof or
accounting for the other counterparts be deemed an original contract.
SIGNATURE PAGE TO FOLLOW
March 19, 2014 Final 030420140 210
HEAVIUN, CLERK OF COURT
OF MO
By:
eputy Clerk
BOARD OF COUNTY COMMISSIONERS
M. T. CAUSLEY, INC.
WITNESS By:
Mi hael T. u
WITNESS
• !=!W91"
Title: P esident
On this .
day of 201J before me appeared Michael T. Causley, President of
above, M. T. Causley, lnc.,the person whose name is subscribed .produced
as identification, or is perseffa .. person
commission who executed the above Contr for the purposes therein contained.
My exp ires:
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March 19, 2014 Final 030420140 210
MONROE COUNTY, FLORIDA March 19, 2014
Exhibit A to Contract MT Causley Inc
k : #1 a 17111111MC-11
A. BUILDING DEPARTMENT PLAN REVIEW AND INSPECTIONS (BUILDING/ELECTRIC/PLUMBING/
Consultant's employees must be qualified with the following;
1. Florida State Certified Fire Protection Engineer specializing in sprinkler systems and fire alarm
systems, but qualified to review all aspects of structure and architectural design.
ae
Packet Pg. 869
MONROE COUNTY, FLORIDA March 19, 2014
Exhibit A to Contract MT Causley Inc
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specify 6. The Consultant at the conclusion of its review of each building permit, shall state in writing on forms
provided by the County whether the plans reviewed or the construction inspection passed or failed.
The Consultant will f for • review or • •
re actions.
7. The Consultant shall provide to the County clear, specific, and definite written final
Paixe 2of5
Packet Pg. 870
MONROE COUNTY, FLORIDA
Exhibit A to Contract MT Causley Inc
March 19, 2014
recommendations and observations that support . nsultant's recommendations a r
conclusions r • . . t! •
S. Field inspections must be completed within response time of twenty -four hours of request, the
same or next business day, depending on when the call for inspection is received by the County
compensated 11. All services shall be at the hourly rates established in accordance -.
schedule, EKHIBiT8.
12. Tasks will be assigned by task number and given to the Consultant and to Consultant's employee on
site. If Consultant directs its staff member to proceed with the task, Consultant shall communicate
that decision to the relevant County staff.
r
a) The Consultant is to perform building, plumbing, mechanical and electrical inspections and plan
review. Work to include inspections and plan review for single and multi - family residential,
commercial, office or industrial projects for compliance with the technical codes applicable to
the project.
• be conducted
• ensure access to .- , plans.
c) The County Building Official will oversee the duties performed by
required by F.S. 468. The Consultant's staff must be available to work up to 40 hours per week
as well as some • weekend hours depending on • • .
Page 3 of 5
Packet'Pg. 871
MONROE COUNTY, FLORIDA
Exhibit A to Contract MT Causley Inc
March 19, 2014
2. Planning & Environmental Resources Department (under supervision of the Senior Direct
Planning .' Environmental Resources) I
c) The Consultant is to review site plans for residential, commercial, office, or industrial
dev elopment , and fence permits for • a • s use standards • r
in the • Development Cod e as well as application and site plan review for • •
3. Fire Prevention Services (under supervision of the Fire Marshal) <
Consultant a) The perform fire prevention inspections and plan review. Work to inclu •
inspections and plan review for single and multi-family residential, commercial, ffice
industrial •
. • r • relat
successors) and • .• • •. .•
b) Plan review must be conducted at the relevant • ensure access
available and plans.
c) Consultant's staff must be between up to 40 hours per week as well as somf
evening and weekend hours depending on the worklo
d) Inspectors and plan reviewers must be Florida State Certified Fire Protection Engineer;
specializing In sprinkler systems and fire alarm systems, and qualified to review all aspects o�
structure and architectural design. In addition, Consultant's employees are required to bE
Florida State Certified Fire Safety Inspector I or II.
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1. The County reserves the right to ensure that all persons supplied under this contract meet the
requirements listed below. If at any time they do not meet these requirements the successful firrr
shall immediately pull the assigned person and /or persons off the job at no cost to the County.
2. Temporary support personnel must be neat and clean experienced workers and drug fri
Temporary support personnel shall be mentally, emotionally, and physically competent to perfo
the services re qu i red .
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Packet Pg. 872
MONROE COUNTY, FLORIDA
Exhibit A to Contract MT Causley Inc
March 19, 2014
3. Temporary support personnel must provide their own transportation to and from the job site and
they are res ponsible • own p arking.
C onsultant 4. The a r r loyee relationship The County shall no • c
f or • rkere compensation or of Act claim that may arise from the
tem
S. National Crime Information Center backgrounds and police checks may be done on temporary
su pport personnel by r during the contract period.
•. P employed by • performance of pursuant to this co ntract
C ounty not be considered employees of the County, shall be independent thereof and shall have no claim
against the • pension worker n unemployment compensatio
sal ary , or other employee or privileges granted by operation of or by ► r
its officers and em p l o yees.
7. The Consultant agrees to reimburse the County for any improper charges, which can be
documented as a result of a em p l oyee ( s ) • -• long d istance
tele phone calls or other inappropriate of • property while w• or on behalf o
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iding, Mechanical,
and Plumbing
Plans Examiner- Building, Mechanical,
Electrical, and Plumbing
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$70.00 per hour
4 /hr minimum in Upper
Monroe County and 8/hr
minimum in the middle
and lower Monroe
$72.50 per hour
Page I of 3
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Monroe County February 14, 2014
Fire Plans Examiners
$70.00 per hour
$105.00 per hour
4/hr minimum in Upper
2/hr minimum in the
Monroe County and 8/hr
i upper Monroe County
minimum in the middle
and 4/hr minimum in
and lower Monroe
the middle and lower
County
Monroe County
Fire Inspectors
$65.00 per hour
$97.50 per hour
4/hr minimum in Upper
2/hr minimum in the
Monroe County and 8/hr
upper Monroe County
minimum in the middle
and 4/hr minimum in
and lower Monroe
the middle and lower
County
Monroe Coun
Customer Service/ Permit Clerics
$38 per hour
57.00 per hour
4/hr minimum in Upper
2/hr minimum in the
Monroe County and 8/hr
upper Monroe County
minimum in the middle
and 4/hr minimum in
and lower Monroe
the middle and lower
County
Monroe Coun
Architects and Engineer Services
$135 per hour
$270 per hour
Mechanical, Electrical, Plumbing and
4/hr minimum in Upper
2 /hr minimum in the
Structural
Monroe County and 8/hr
upper Monroe County
minimum in the middle
and 4/hr minimum in
and lower Monroe
the middle and lower
County
Monroe Coun
Biologist
$137.50 per hour 4 /hr
$206.25 per hour
(when available)
minimum in Upper
2/hr minimum in the
Monroe County and 8/hr
upper Monroe County
minimum in the middle
and 4/hr minimum in
and lower Monroe
the middle and lower
County
Monr Co un ty
Planner
$192.50 per hour 4/hr
$288.75 per hour
(when available)
minimum in Upper
2/hr minimum in the
Monroe County and 8/hr
upper Monroe County
minimum in the middle
and 4/hr minimum in
and lower Monroe
the middle and lower
County
Monroe Coun
Zoning Technician
$192.50 per hour 4 /hr
$288.75 per hour
(when available)
minimum in Upper
2/hr minimum in the
Monroe County and 8/hr
upper Monroe County
minimum in the middle
and 4/hr minimum in
and lower Monroe
the middle and lower
County
Monroe County
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times the standard hourly rate with 2/hr minimum in the upper Monroe County and 4/hr
minimum in the middle and Monroe County. I
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EXHIBIT 11
Page 3 of 3
WIN We C"r,iU�iLEY� INC.
C O N 9 T R U 0 T( O N I N S P 6 0r I O N S,
T9STI N 0 A 0 0NSULTI N0
Inspector's Daily Activity Report
County of Monroe
Inspector / Trade Date
Time in the office to meet with public and schedule inspections: to
Time in the office to meet with public and discuss inspections: to
Total time for the day:
P = Plan Review, I = Inspection, F = Field Consultation, L = Occupational License,
M = Meeting, S = Stop Work, O = Other, A = Approved, R = Rejected
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I am an employee with M.T. Causley, Inc. When assigned to work in Monroe County at the
Monroe County Building Department, Planning Department, or Fire Department, according
to a contract between M.T. Causley and Monroe County, I acknowledge that I am not an
employee of Monroe County and am not entitled to any benefits from Monroe County.
Compensation will be provided by M.T. Causley, Inc. and Monroe County is not responsible
for paying me for my work.
I will comply with the personnel policies of M.T. Causley, Inc. and will not engage in conduct
that Is prohibited according to Attachment 1, Prohibited Conduct, which has been provided to
me.
Signature
Print Name
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Page 1 of 6
500 Sectio:r, V
CARE OF EQUIPMENT AND FACILITIES
Employees should be concerned with the care and safe use of company-owned equipment
and facilities. Employees are expected to follow all operating instructions, safety
standards and guidelines. Good housekeeping is expected of every employee.
If any equipment, machines, tools, vehicles, telephones, etc. appear to be damaged,
defective, or in need of repair, notify the management immediately. Prompt reporting of
damages, defects, and the need for repairs could prevent deterioration of equipment and
possible injury to employees and others.
Unsafe, destructive, careless, negligent, or improper use or operation of equipment or
vehicles may result in disciplinary action, up to and including termination of
employment.
PERSONAL APPEARANCE/C LOT 11ING
Personal appearance, proper hygiene and appropriate attire are important to our work
practices. Our customers gauge the quality of our company by the attention we show to
personal appearance and attire.
Each employee personally represents the company and is required to dress in an
appropriate manner. Every employee of M.T. Causley, Inc. contributes to the company's
overall public image during work hours. Appropriate attire enhances the employee's
effectiveness in providing superior service.
Employees are expected to report to work wearing clean clothing. A neat, well-groomed
appearance is important to the employee, their fellow workers and to our customers.
The company does not object to employees having reasonably long hair if it is groomed.
Nor does it object to mustaches and/or beards if they are kept trimmed and do not hinder
.he employee's performance or safety on the job.
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Page 2 of 6
The success of this policy will depend upon the thoughtfulness, consideration and
cooperation of smokers and non-smokers. All employees share in the responsibility of
adhering to and enforcing this policy. Any conflict should be brought to the attention of
the management.
Safety Comes First — No object can interfere with job
safety as viewed by company management;
Nothing can be displayed that (in the opinion of
management) is derogatory to any person or system of
beliefs;
Objects that (in the opinion of management) are
inappropriate or hinder work efforts will not be allowed
and must be removed upon request.
SAFETY EQUIPMENT
Employees will be provided with safety equipment if it is a requirement for a particular
job. This equipment will be signed for by the employee and replaced at the employee's
expense if the equipment is lost, damaged, or stolen. Replacement will be provided if the
equipment is shown to be defective.
PERSONAL EQUIP /TOOLS
Employees who work in certain positions are required to provide their own equipment
and/or tools to perform job assignments. Management will advise employees of the
equipment or tools required and will make sure that each employee obtains the required
equipment. The company discourages employees from lending or borrowing equipment
or tools.
0 2003 M T. Causley, Inc. 31
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COMPANY EQUIPMENT /TOOLS
The company will furnish all necessary equipment and tools to complete job assignments.
Each employee is reminded that all items purchased by the company are the property of
M.T. Causley, Inc. and represent a very valuable asset of the company. It is the
responsibility of the employee to whom equipment and tools are assigned to maintain and
safeguard these assets as if they were his/her personal property.
An inventory of equipment and tools will be made periodically. If it is determined that
an employee is negligent in the proper storage of equipment, materials, tools, or supplies,
or they are misplaced or stolen, the employee will be asked to replace the same at fair
market value, or the cost of the item will be deducted from the employee's pay check.
When leaving a job site or a work area, it is required that all equipment and tools be
removed from the work area and secured in a safe location.
SOLICITATION AND/OR DISTRIBUTION
To prevent disruption of business activities, to minimize distractions for all employees,
and to preserve company security, solicitation and/or distribution of literature, materials,
goods, contest promotions, requests for donations, or any other solicitation and/or
distribution is prohibited during working time or in work areas.
SECURITY
All doors, files, desks, gates, and any other equipment with locks must be kept locked
securely when not in direct use and at the end of each day. Locks should be checked
regularly. Company vehicles should be kept locked at all times when not in use. Lost
keys must be reported to the Office immediately. Any concerns about security should be
directed to management.
OUTSIDE EMPLOYMENT
M.T. Causley, Inc. makes every effort to keep its employees as fully employed as
possible and at a good rate of pay. When an employee is on the job, this means that
100% of his/her effort is required. If an employee chooses to work outside of his/her job
and the outside employment competes with what is expected of him/her as an employee
of M.T. Causley, Inc. opportunities for promotion and advancement with M.T. Causley,
Inc. may be limited by his/her decision.
If management feels that outside employment prevents an employee from fulfilling
his /her obligation to the company, the employee will be asked to resign from M.T.
Causley, Inc. or to leave his/her outside employment.
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EXHIBIT "Ell
Page 4 of 6
All management and supervisory personnel are expected to enforce this policy and, by
example, refrain from conflicting outside employment.
COMMUNICATION SYSTEMS
The following procedures apply concerning M.T. Causley, Inc. communications:
• Company communications equipment is the sole property
of M.T. Causley, Inc;
• Commurucations equipment and services include
facsimiles, telephone systems, radio systems, computers,
pagers and cell phones;
• On-line services may be accessed only by employees
specifically authorized by NI.T. Causley, Inc;
• Employee's on-line use should be limited to work related
activities.
Employees should not use M.T. Causley, Inc.'s communication services and equipment
for personal use except in emergencies or when circumstances warrant it. When personal
use is unavoidable, employees must properly log any user charges and reimburse the
company for them. M.T. Causley, Inc.'s communications property or equipment may not
be removed from the premises without written authorization from management.
Improper use of M.T. Causley, Inc.'s communications services and equipment includes
any misuse as described in this policy as well as any harassing, offensive, demeaning,
insulting, defaming, intimidating, or sexually suggestive written, recorded, or
electronically transmitted messages.
PERSONAL MAIL AT THE WORK PLACE
The mail system is reserved for business purposes only. Employees will not be allowed
to send or receive personal mail at the workplace.
NEXTEL AND RADIO COMMUNICATIONS
Employees must use proper procedure and appropriate language when using the company
Nextel's and/or radio communications. Company policy mandates that when using the
phone, while driving, for business Or personal calls, you MUST pull over and stop before
accepting any phone calls.
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EXHIBIT "Ell
P age o
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Consumption of, possession of, or being under the influence of alcoholic beverages on
company property, in the Office, or in any vehicle used for company business, is strictly
prohibited. Any employee who violates this policy will be subject to disciplinary action
including immediate termination of employment. Any employee who reports to work or
who is at work is subject to blood/alcohol testing to determine the presence of alcohol in
the body.
DR UGS
The company has in place a substance abuse policy which incorporates the provisions of
the Drug -Free Workplace Act of 1988. All employees must abide by all of the terms and
conditions of this policy while employed by M.T. Causley, Inc. In this regard, employees
are required to read the policy and sign a statement acknowledging their understanding of
the policy and intent to follow the policy. Any employee who reports for work or who is
at work is subject to chemical screening and/or blood/alcohol testing to determine the
presence of unauthorized drugs in the body. The Dnig Free Workplace Policy is filly
described in a separate handbook provided in each employee's New dire Package.
POLICY ON HARASS
Consistent with our policy of equal employment opportunity, harassment in the
workplace based on a person's race, sex, religion, national origin, age, height, weight,
marital status, or disability, will not be tolerated concerning employees or applicants for
employment.
One aspect of our policy requiring some clarification is the prohibition of any form of
sexual harassment in the workplace. The following paragraphs describe the type of
conduct that is prohibited as well as the complaint provisions to investigate and remedy
any problems that may arise.
Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and
other verbal, visual or physical conduct of a sexual nature. No employee shall threaten or
insinuate, either explicitly or implicitly, that another employee's or applicant's refusal to
submit to sexual advances will adversely affect that person's employment, work status
evaluation, wages, advancement, assigned duties, or any other condition of employment
or career development. Similarly, no employee shall promise, imply, or grant any
preferential treatment in connection with another employee or applicant engaging in
sexual conduct.
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EXHIBIT "F"
Prohibited Conduct
A. Willful or repeated violations of County, State or Federal law or of these policies and
procedures.
B. Insubordination - Refusal to respond to authority's reasonable request(s) or instruction.
C. Itisco-rdmt - 136a%ior not confo=2�,�-, = i 05
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