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Item I1 1.1 G BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Sylvia Murphy,District 5 The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1 �pw° Michelle Coldiron,District 2 Heather Carruthers,District 3 David Rice,District 4 County Commission Meeting March 21, 2019 Agenda Item Number: I.1 Agenda Item Summary #5194 BULK ITEM: Yes DEPARTMENT: Building TIME APPROXIMATE: STAFF CONTACT: Ed Koconis (305) 453-8727 N/A AGENDA ITEM WORDING: Approval of a contract with M.T. Causley, LLC to provide professional support services for plan review, inspection services and planning/zoning development review beginning October 1, 2020 (Current contract expires September 30, 2020) ITEM BACKGROUND: Following a May 16, 2018 approval 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 related to issuance of building permits, on November 20, 2018 the BOCC approved to award a bid and negotiate an agreement with M.T. Causley, LLC to provide professional support services for plan review, inspection services and planning/zoning development review beginning October 1, 2020 (current contract expires September 30, 2020.) PREVIOUS RELEVANT BOCC ACTION: May 16, 2018 —Approval to advertise the RFP for consultant to provide professional support for plan review, inspection services and planning/zoning development review. November 20, 2018 —Approval to award a bid and negotiate a contract with M.T. Causley, LLC. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: M.T. Causley new contract 2020 EXECUTED FINANCIAL IMPACT: Packet Pg. 1412 1.1 Effective Date: October 1, 2020 Expiration Date: September 20, 2022 (may be extended an additional two years) Total Dollar Value of Contract: Not to exceed$1,500,000.00 per fiscal year Total Cost to County: Not to exceed $1,500,000.00 per fiscal year Current Year Portion: $0.00 Budgeted: Yes (will be) Source of Funds: 180-52502-530340 Could also include 148-50500-530340 and 148-52000- 530340 CPI: Contract includes clause in section V. that may include annual CPI-U Indirect Costs: No Estimated Ongoing Costs Not Included in above dollar amounts: No. Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Additional Details: Current contract will expire on September 30, 2020. N/A REVIEWED BY: Rick Griffin Completed 01/30/2019 3:35 PM Assistant County Administrator Christine Hurley Completed O1/31/2019 9:51 AM Steve Williams Completed 02/04/2019 8:52 AM Budget and Finance Completed 02/04/2019 12:14 PM Maria Slavik Completed 02/04/2019 12:20 PM Ed Koconis Completed 02/04/2019 12:25 PM Kathy Peters Completed 02/04/2019 12:26 PM Board of County Commissioners Pending 03/21/2019 9:00 AM Packet Pg. 1413 PROFESSIONAL SUPPORT SERVICES FOR PLAN REVIEW, INSPECTION SERVICES AND PLANNING/ZONING DEVELOPMENT REVIEW U) 0 .2 THIS CONTRACT (Contract or Agreement) is entered Into this day of - 20 it by and between the Board of County Commissioners of Monroe County, Florida(hereafter"County"®or"Board"), 65 1� and M.T. Causley, LLC(hereafter"Consultant"). 0 91 WHEREAS, the County has certain objectives as directed and established by the Board of County Commissioners, avid which are consistent with,and supportive of the Florida Building Code,-the Monroe County 2 Code of Ordinances, and all other applicable Federal, State and Local Laws governing work performed under 'U) U) this Contract; and 4T 0 I- IL L WHEREAS, it has been determined that it is in the best interest of the residents of and visitors to the 0 County that a contract for PROFESSIONAL SUPPORT SERVICES FOR PLAN REVIEW, INSPECTION SERVICES AND 2 4>-, PLAINT ING/ZONlNG DEVELOPMENT REVIEW be entered into with a private provider of such services; and U) WHEREAS, Consultant desires to provide such services. NOW THEREFORE, in consideration of the rnutual prorrilses contained herein, the parties agree as follows: 1. TERM OF CONTRACT 0 This Contract shall be effective on the date above, for a period of two (2) years® cornmencing on W October 1,2020. The term of this Contract shall be renewable in accordance with Section V herein. m U This Contract is contingent upon an annual appropriation by the Board of County Commissioners. W X W IL, SCOPE OF SERVICES C14 Q C14 A detailed Scope of Services is attached as EXHIBIT"A"SCOPE OF SERVICES, 0 Ill. 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 I-iereto as EXHIBIT "A" SCOPE OF SERVICES), shall pay the Consultant based on invoices submitted by Consultant: to the County's Building Department on a monthly basis. Dourly rates will be those on EXHIBIT"B"COST SUMMARY. 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 E classification, and description of work completed for each individual providing service under this Contract. Total Contract shall not exceed $1,500,000 (one miflpon five hundred thousand dollars) per fiscal year. Page I of 14 Packet Pg. 1414 1.1.a P AY MENT 1. Payment will be made after services are rendered in accordance with the Local Government 2 Prompt Payment Act. it 2. Any request for payment rest be submitted by tlmmrm Cormsmmltant as an iunvoice irm a form CL satisfactory to the County Clerk (Clerk). 1 Invoices must describe in detail the services performed and the p,mmaymwrm t arnount. requested. U) to Offl(:immml who will 4„ review theirequest and a submitted approve timelyrif thee`invomice mis deemed t�r:, pp payment be ar;r::u.mcate mmirmrf complete. If the invoice is riot approved,the Consultant will be inforrvied 41 wdt:ing including a detailed explanation of the deficiency that caumsed time disapproval of the invoice. U) . There are no reimbursable items. 5. After time Clerk of the Board examines and approves dre rempu,mest for paymmam!:Hrmt,the(','ouruty shall reimburse the Consultant by check. T Consultant shall provide all information necessary for tlmme Com.mm°mt:y to facilitate payn°uermt. V. RENEWAL The County shall have the option to renew this Contract after the o0girkml term, for an additiomnam cs period of up to two (2) years and may be adjusted annually in accordance with the peu°r.mmntageµ change in the Consunner Price index for all urban consumers(CPkU)for the most recent twelve(:111.2) months available ending (March 31. Renewal is subject to satisfactory performance by Cor°usuitant and the availability of County funds. CONSULTANTS RESPONSIBILITIES AND LICENSING 3 'The Consultant shall secure, maintain and pay for any licenses necessary to perform duties and services under this contract. Ilt 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 U 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 relputable and (professional manner. I°l'age 2 of 14 Packet Pg. 1415 ................................................................."I'l""I'll""I'll'll,'ll""I'll""I'll",'ll""I'll""I'll",'ll""I"ll""I'll""I'll",ll,--,---........................................ ............... ............... —-------------------------------- ...................................... .............................. VII. INDEPENDENT CONTRACTOR At all times and for all purposes, the Consultant, its agents and employees are strictly considered (n to be Independent Contractors in their performance of the work contemplated hereunder. As such, � 0 0. 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 (n 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 .2 U) responsible for all tax withholding,, U) 4T Since this Contract is a service agreerrent, staffing is of paramount importance. Consultant shall .2 U) provide services using the following standards, as a minimum requirement: cs 1- The Consultant shall provide at[its own expense all necessary personnel to provide the services under this Contract. The personnel shall riot 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. W M 3. The County shall, at its sole discretion, have the option to reject any individualU provided to W X perform services under this Contract by the Consultant. W cv 4o 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"T"ACKNOWLEDGMENT. 0 5. The following disciplines shall report to the Department (Director or his/her designee for each discipline as follows: U) a. Planning: Senior Director of Planning& Environmental Resources b. Environmental Resources: Senior Director of Planning& Environmental Resources c. Building: Building Official d. Fire: Fire Marshal (AHJ—Authority Having Jurisdiction) E 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 designate additional function(s)to be performed by the Consultant. ---—----- -...... .... ......................... ...... ............................................. Page 3 of 14 Packet Pg. 1416 1.1.a I ® INDEMNIFICATION REQUIREMENTS � a Notwithstanding any rrminimurn insurance requirements prescribed else here in this Contract,the Consultant covenants and agrees that he shall defend, indemnify and hold the County and time 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 (ili) any costs or expenses that may be asserted against, initiated with U) respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any 0 activity of Consultant or any of its employees, agents, Consultants in any tier or other invitees ILL during the terra of this Agreement, ( )the negligence or willful misconduct of Consultant or any of ,0 its employees,agents,Consultants in any tier or other invitees,or(C)Consultant's default in respect of any of the obligations that it u,mndertakes under the terms of this Agreement, except to the extent the claims, actions, cause's 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 Agreementgor an earlier termination of tlmis Agreement. In the event hof the term of this �the terra of this Agreement,this section will survive the expiration y the work under this � Agreement is delayed or suspended as a result of the Cormsultant®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 ($1 .0 ) of remuneration paid to the Consultant is for the indemnification provided for above. cs X. NON-DISCRIMINATIO CD 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 3 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 aH local ordinances, as applicable, relllating to nondiscrimination. These include but are not limited to: 1)'Title Vl of the Civil Rights Act of 1964 1 U) (PL 88.352) which prohibits discdrrmination on the basis of race, color or national origin„ 2) Title IX cs of the Education Amendment of 1972, as amended (20 USC ss. 16 1-16 .3, and 16 S-16g6), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (26 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC s . 61 1- 61 7) which prohibits discrimination on the basis of age; S) 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 Alcoholisrn Prevention,Treatment and Rehabilitation Act of 1970(PL 91-61 ),as amended, relating the basis of alcohol abuse or alcoh6li^ aith Service Act i..... to nondiscrimination on gym, 7....The Public Ile.. . Page 4 of 14 Packet Pg. 1417 1.1.a ...................................................................................................... of '1 1 , ss. 523 arnd 527 (42 USC ss. 6 0dd_3 and 290ee....3), as arnnernded, relaflng to confidentiality I of alcohol and drug abuse patent records; 8) "Title Vill of the Civil Rights Act of 1.968 (42 USC s. et U) ,seq.), as amended, relatiiun tou anondiscrirnnirnaturnn in the Salle, u°erntai or financing of housing; ) °'the 0 Ar'rnerucarns with IC isabihties Act of 1990 (42 IUSC s. 1.201 Norte), as maybe amended 'fr rn time to � time, r6aturn8 to rnorndiscrirrnirnatilcrn on the basis of disability; 1 ) Monroe nrose County Code Ch. 13,Art. Vl, prohibiting discrimination on the gases of race, color, sex, r0gio n, disability, national origin, ancestry,seWall orientation, gender identity or expression,far'rnilial status oar age,and 11)any other encrndiscrir'rnu mflorn provisions in any Federal or state statutes wlhWhn may apply to the parties to, or the subject matter of, this Contract. U) .................................................................. U) hw RECORDS AND D CUA„J 1YTS 0- IL Consultant shall keel:) and maintain all books, records, and dccuurnernts directly pertlunerut to 8 perfosrmarnce under this Contract in accordance w thn generally accepted accounting prur'n�iples � consistently applied. Each party to this Contract or tlhelr authorized representatives shall have reasonable and timely access to such records of each other party to this Contract for public records purposes duudrn8 the term of the Contract and for five (S) years fosil w i n8 the tierrrnurnatio n of this Contract. if an auditor employed by the County or Clerlo determines that rnornies paid to the Consultant IpUr:'suuarnt to this Contract were spent for purposes not authorized by this Contract, the Consultant shall repay the rrnornues together with interest cakulated purr uarnt to Sec. 55.03, FS, � irunning frosrrn the date the mounles were paid to Cornsuulltainto 0 ._._.. .. _ .. .................................................... ...........� _.._ ... ors hlw PUBLIC IIREC RIII)S puursuaunt. to Florida Statute §11 . 701., Consultant and its st.jisco ntrao:tors shall comply with ally U public records laws of the State of Florida, including but not hmited to: w cv a. Keep and maintain public records that ordinarily and necessarily would be required Ihy cv Monroe County in the performance of this Agreement. b. Provide the public with access topublic recordsonthe sairn°ne terms and conditions that 0 Monroe County would provide the records and at a cost that dues not exceed the cost � provided in Florida Statutes, Chapter 11.9 or as onth'ne ise provided by lawn. U) c. Ensure that public records that are exempt or confidential and exempt firornn public records disclosure irequ.uureirrnernts are not disclosed except as authorized by law. d. Meet all requirements for retaurd n8 public records and transfer, at no cost, to Monroe County all public records !in possession of the Consultant upOrn termination of this E Agreement and destroy any duplicate public records that are exempt or confidential and 0 exempt from public records duWOsuure requirements, All records stored electronically rrnuust be provided to Monroe County in a format that is compatible with the information technology gy systems of II' ornroe County, ..............................................................................................................._.................................................................................................................................................................................................................................................................................................................................. ....................................._.........__.................................................. � .......�... .... ..�.....�.. Packet Pg. 1418 1.1.a e, County may cancel this Contract immediate) if there is violation of y f this Sectional Xilie BREACH OF TERMS BY CONSULTANT � a The passing, approval, and/or acceptance by the County of any defect in the services furnished by w the Consultant, shall not operate as a waiver by the County of.strut 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. IVm . .. z,TERMINATION WITHOUT .2 U) T 0 The County may terminate this agreement without cause by providing the Consultant with written notice of termination at least fifteen (1 ) 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. .............. .._ ................, .. cs TERMINATION WIT CAUSE rhe forrmmarmce of any of its obligationsmnder tFuisa agreement, County y i agreement f the Consultant shall default in tht. Default shall include the occurrermce � of any one of the following evermts and same is not corrected to the satisfaction of the County within fifteen (15)days after the County provides the Consu➢tant with written notice of said default: 0 a. Failuure to provide services described in this contract.. cs b. Failure to comply with local, state,or federal rules or regulations pertaining to this contract. c. Preach of any other term, condition or requirement of this agreement, � ... .... ....... .. .. .. .... m, . .. . .. ... .... Id ASSIGNMENT 0 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 U expressly provided for therein, such approvalshall in no manner or event be deemed to impose 17 any additional obligation upon the board. XVII. COMPLIANCE WITH LAW E 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, usuon , s including those. now in effect and hereinafter adopted. Any violation of said onance , Page 6 of 14 Packet Pg. 1419 rWes and regWations 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 U� Consultant.. The Consultant shall possess proper licenses to perform work in accordance with these 0 .2 specifications throughout the term of this contract. XVIII. 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 .2 manner with the performance of services required by this contract, as provided in Sec. U) U) 112.311, et. seq., Horida Statutes. Upon execution of this contract, and thereafter as 4T 0 changes may require, the Consultant shall notify the County of any financial interest it may (L I- have in any and all contracts with Monroe County. 0 1 The County represents that its officers and employees recognize and will be required to U) 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 The 1performed on private sites within thecs 0 County other than assigned by the County, whether or not there is any remuneration to Consultant or Consuultant®s employees, whether employed by Consultant or acting as W individuals, during the entire term of this agreement. In addition, the Consultant shall not cs :D have any direct or indirect relationships, business or otherwise, with any entity having an W X interest in any project(s) being reviewed or inspected on behalf of the County, It shall be W the responsibility of the Consultant to inform the County and refrain from perforrnlng 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 cs 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. E X-X. NOTICES < Page 7 of 14 Packet Pg. 1420 1.1.a ........ ...................................... ........... ............. ............. ............. .................... Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage (prepaid, to the other panty by certified mail, returned receipt requested, to the � following: � it FOR THE COUNTY: (n Monroe County Administrator and Assistant County Administrator and Monroe County Attorney CL 1100 Surnonton Street 2798 overseas Highway 1111 12e"Ste„Seine 40 Key west„FL 33040 Marathon,FL 33050 Key west,FL 33041 FOR CONSULTANT: Putt K.Cauusley jnd i iche0 Smid U) E .T.Cuusiey, ILi.0 GG Ponce de Leon Blvd. Coral Galles,FP. 33134 0 The County is exempt from payment of Florida State Sales and Use taxes. The Consultant shall not be exempted by virtue of the CouuUnty°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 Couurnty"s Tax Exemption Number in securing such materials. � The Consultant shall be responsible for any and all taxes and wRhhoUing 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. ...... I VE I ........... ,VENUE, INTERPRET To ®COSTS AND FEES. W °Finis 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 He 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 irequired by the circuit court of IMonroe � County. This Contract is not subject to arlbitration. ........... ............ ................ . .... .................... us III® PUBLIC ENTITY CRIME STATEMENT person or affiliate who has been placed on the convicted vendor list following a conviction for 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 � buflding or public work; may not submit bids on leases of real property to public entity; may not I e 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 Page 8 of 14 Packet Pg. 1421 1.1.a threshold amount provided in Section 287.017, F.S. for CATEGORY TWO for period of 36 months from the date of being placed on the convicted vendor list. (CATEGORY TWO: 35®000o00). � a I d 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. U) U) 2. He or she is empowered to act and enter into contracts on (behalf of Consultant. 0 3. This agreement has been approved in accordance with the Consultant's corporate policies and directives and in accordance with lama. � U) 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. V. SE ERA9ILITY if any term, covenant® condition or provision of this Contract (or the application thereof to any circumstance or person) shall he declared invalid or unenforceable to any extent by a court of cs competent jurisdiction,the remaining terms,covenants, conditions and provisions of this Contract, shall not he affected thereby® and each remainft term, covenant, condition and provision of this Contract shall he valid and shall be enforceable to the fullest extent permitted by lama runless the cs 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 chase as possible to the intent of the stricken provision. XXV1. ATTORNEYS FEES AND COSTS � 3 The County and Consultant agree that in the event any cause of action or administrative proceediin � is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorneys fees and court costs as cs an award against the non-prevalling party® and shall include attorney®s fees and court crests in appellate proceedings. Mediation proceedings initiated and conducted pursuant to dais Agreement shall he in accordance with the Florida Rules of Civil Procedure and usual and customary � procedures required by the circuit court of (Monroe County. ...XXVIL BINDING EFFECT (page 9 of 14 Packet Pg. 1422 1.1.a The terms,covenants,conditions,and provisions o. . . f this Contract shall bind and inure to the benefit of the County and Consultant and their respective (legal representatives, successors, and assigns. III, "AUT'l-10147T as Each party represents and warrants to the other that the execution, delivery and performance of this Contract have been dulyauthorized by all necessary County action and by action of the Consultant, as required by law. (n ............................. ........ _ .®_ c IX. COOPERATION U) T 0 In the event any administrative or legal proceeding is instituted against either party relating to the L formation, execution, performance, or breach of this Contract, County and Consultant agree to participate, to the extent required by the other party, in alfl proceedings, hearings, processes, � rneetirngs, 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 SOUCITATION/PAYMENT The County and Consultant warrant that, in respect to itself, it has neither ernployed 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 D cs 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, too set from monies owed, or otherwise recover, the full amount of such fee, commission, percentage„ gift, or cv consideration. XXXI. NON-WAIVER IMMUNITY 3 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. . ...... ..... . .. . .... .. ... ...... ... .. ................ . ..... ... . ....... ..... . ....... ....... XXXII. INON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of therm, of this Contract to enforce or attempt to enforce any third party clairn or entitlement to or benefit of any service or prograrn contemplated hereunder, arid 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 Page 10 of 14 Packet Pg. 1423 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, interior to, or. U� 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 Staternent, and a Dru&Tree Workplace Statement which are attached hereto in original form with original signatures from Consultant's response to RFP, or as provided thereafter. U) .................................... ...... .. .....A_.. --,.....................---...................... XXXIV. NO PERSONAL LIABILITY 4T 0 I- (L No covenant or agreement contained herein shall be deemed to be a covenant or agreement of '05 any mernber,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 U) 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. 0 XXXVI. SECTION HEADINGS W M U Section headings have been inserted in this agreement as a matter of convenience of reference W X only, and it is agreed that such section headings are not a part of this agreement and will not be w used in the interpretation of any provision of this agreement. --------.. .......................... .®.................................. --------------..................... .. ......®, ...................... XXXVIL INSURANCE POLICIES 0 Upon execution of this Contract, Consultant shall provide to County evidence of insurance coverage as follows: A U). INSURANCE REQW,REN4,ENIS FOR CONTRACT BETWEEN COUNTY AND CONSULTANT ............... ............................................ ......................................................................... ...............�11111�11............... ....................................... cs 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 miniimurn: E Page 11 of 14 1 Packet Pg. 1424 Ins u ran ce Coverage Type Required Limits Manual .2 F it Form . it.. ................................................................................................................................................................................................................................. ................... �tatutory Worler5' Com pen5alion 0 Employers' LiabHity $500,000 Bodily injury by Accident 0. CL $500,000 Bodfly injury by D sease, pokcy Hirnits WC2 $500,000 Bodily Injury by Disease, each employee Commercial General Liability' ��06060 ------ YeNc,le-Liaby, ......... VL2 �0 Professional Liability $500,000 Per Occurrence a. $1,000,000 Annuai Aggregate PR02 as 40- AH 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 INSU,RAN,CE,RE ....................................................—".............................................,............. ...................................................................................................................................................................................................................................... g,Vi,RP,M,K,NTS FOR CONTRACTORS AND SUBCONTRACTORS: As a pre requisite of the work governed, the CONTRACTOR shall obtain, at his/her own expense, 0 lnsurance as specified herein, which is made part of this contract, 'rhe CONTRACTOR shall require U all subcontractors to obtain insurance consistent with the requirements specified in this Contract. a W the CONTRACTOR will not be permitted to commence work governed by this contract (iWuding U W pre-staging of personnel and material) unfli satisfactory evidence of the required insurance has X W been furnished to the COUNTY as specified below, and where applicable CONTRACTOR shall Q N Q provide proof of insurance for all approved subcontractors. Delays in the commencement of work, N resulting from the failure of the CONTRAC70R to provide satisfactory evidence of the required 0 insurance, shall not extend deadlines specified in this contract and any penalties and faflure to r- perform assessments shall be imposed as if the work commenced on the specified date and time, 0 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, Ways in the completion of work resulting from the failure of the CONTRACTOR to maintain the required insurance shall not extend deadHnes 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 E maintain the required insurance, .................................................................................................................................................................................................. ............. ..................... ........................"................. ................ .................................... .................. Page 12 of 14 1 Packet Pg. 1425 The CONTRACTOR shaH provide to the COUNTY as satisfactory evidence of the required insurance, either: ­ U) 0 • Certificate of Insurance it or 0 • 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 :�mhci e�i, U) U) required by this contract. 4T 0 (L AH insurance p6icies must specify that they are not subject to canceHation, non-renewal, inialli,:1 rW 0 4- change, or reduction in coverage unless a rninlmum of thirty(30) days prior notification is gNeu,i to the County by the insurer. U) The acceptance and/or approval of the CONTRACTOR'S insurance shall not Ihre corisli rueiiJ as relieving the CONTRACTOR from any liability or obligation assumed under this contras or imposed by law. The IMonroe County Board of County Commissioners, its emp oyees and officials vi�i°ifl be 1ricWded as "Additional Insured" on all policies, except for Workers' Compensation. 0 III® ENTIRE AGREEMENT W D This agreement constitutes the entire agreement between the County and the Consultant for t U he W X services contemplated herein. Any amendments or revisions to this agreement must be in writing W CD ent, 1 C4 CD N 0 BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW U) E Page 13 of 14 1 Packet Pg. 1426 IN WITNESSWHIEREOFthe parties hereto have executed this Agreement on the day and date first wirlitteri above Un four (4) counterparts, each of which shall, without proof or accounting for the other counterparts be U) deern 2 ed an original contract. 0 . (SEAL) 0 Attest: KEVIN MADOK,CLERK OF COURT BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLOIDA U) U) 4T 0 By:.......... .......... .,.Deputy...................................................................... By: I- ........... .......... .. IL I- Oerk Mayor 0 U) M.T. CAUSLEY, MC— Attest: > By: By., Tho as P. Wilkas Tifle o n 4rox,+� 'rwe: Chief HnainciaI Officer 0 ........ ........................ ................... By W WITNESS M Tifle: VeS MONROE COUNTY ATTORNEY W A��P T ,W' VEDAQ' QFORM X W @4 C14 STATE OF C14 COIJNTY OF On this cA day oLj(tyLqA1 2019, before me appeared Thomas I:-'. Wflkas, Chief Hnancial Officer of m T Causley, 1,LC, then he person wl-idle narne is subscribed above, and who produced'-P&SX2Y as identificatIon, or is personaMy known to Me, and acknowledged that Ihe/she is the persorro 110 executed the above Contract for the purposes therein contained, AT ............. Notary Pubhc pu� �na; 04(')'V'P'S'i�"� 201, 2 J E PrInt Narne My commission ex, ores Seal Page 14 of 14 1 Packet Pg. 1427 EXHIBIT "A"t SCOPE OF SERVICES .2 A. BUII DING DEPARTMENT PLAN REVIEW AND INSPECTIONS (BUILDING/El ECTRIC/PLUMBING/ 0 MECHANICAL/FLOOD): The 130ding Department is seeking a Consultant to conduct building, plumbing, mechanical, electrical, flood, and related Code cornphance inspections, and plan review. Permit intake and issuance services .2 U) may also be needed. Work will include inspections and plan review for single family and multi-farnfly U) 4T residential,commercial,office and/or industrial projects for compliance with the latest Florida Building 0- IL Code in effect. Plan review must be conducted pursuant to protocols established by the Building L 0 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 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 minimum supervision. B. PLANNING & ENVIRONME14TAL RESOURCES PLAN REVIEW 0 U The Planning & Environmental Resources Department is seeking a Consultant to conduct zoning plan a W review. Work will include review of site plans for residential, commerciai, office, or industrial M development, sign and fence permits for compliance with the County®s iand use standards contained U W x in the Land Development Code, as well as application and site plan review for compliance and review W 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, plains, maps and human N 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, dep 0ending 0 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. U) C. FIRE PREVENTION PLAN REVIEW AND INSPECTIONS Consultant's employees must be quahfied with the following„ 1. Florida State Certified Fire (Protection Englineer specializing in sprinkler systems and fire alarm E systems, but quaiffied to review all aspects of structure and architectural design, 2. Florida State Certified Fire Safety Inspector i or il. Page I of 5 Packet Pg. 1428 D. GENERAL PROVISIONS .2 1. The Consultant's services will be performed on behalf of and solely for the benefit and exclusive it 0 use of County for the limited purposes set forth in this Agreement. County acknoMedges that the (n 1� Consultant's services require decisions, which are based upon laws and jurisdiction, as well as best 0 professional standards and judgment. 2. In the performance or furnishing of professional services hereunder, the Consultant,and those it is 0 responsible for, shall exercise the degree of skill and care customarily accepted as prudent U) U) professional practices and procedures by rnembers of the same profession currently practicing 4T 0 under similar conditions in the same locality("Standard of Care"). Consistent with this Standard of IL Care, the services shall conform to applicable laws; codes, ordinances and regulations of any 0 4- governmental agency having jurisdiction over the project, at the time services are rendered. The Consultant shall perform its services within the response firnes 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 Consulltant's professional opinion consistent with the 0 Standard of Care. w 4. Nothing contained in this Agreement is intended to create a contractual relationship with, or a M cause of action in favor of, a third party against either the County or the Consultant. The w X Consultant's services under this Agreement are being performed solely for the benefit of the w CD County and it is the intent of the parties that no person or other entity shall have any claim against N the County or the Consultant because of this Agreement. In addition, no-thing herein shall be 0 construed as creating a contractual relationship between the County and any employee or representative of the Consultant. 0 5. The Consultant will be responsible for coordination of its work with County officials. & The Consultant at the conclusion of its review of each building permit,shall state in writing on forms U) provided by the County whether the plans reviewed or the construction inspection passed or failed. U 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 E M recornmendations arid observations that support the Consultant's recornmenclations and conclusions regarding each building inspection and plan review. Page 2 of 5 Packet Pg. 1429 1.1.a . IField inspections must be completed within response tirrne of twenty-four hours of request, the U� same or next business day, depending on when the call for inspection is received by the County 0 excluding weekends and County Ihlolldays. � ° The Consultant guarantees that no work shall be performed on Private sites within the County other CL 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 anyproject(s) being U) 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. IL 0 10.The Consultant shah 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 ion 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 "B"' COST SUMMARY. However, the total compensation to the Consultant for � services of the Consultant shall not, correspond ingly, increase above those stated in the attached schedule. 0 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. W Fw DESCRIPTION OF SERVICES N 1. Buflftg Department Services (under supervision of the Buuilldirn fficW) 0 a) The Consultant is to perform bu.uuldlrn ® plumbing, mechanical, electrical,flood®and related Code compliance inspections,and plan review. Work to include Inspections and plan review for single and ,multi-farnnily residential, commercial, office or industrial projects for compliance with the � technical codes applicable to the project. �s b) Plan review must be conducted at the relevant County offices in Ivey largo(2), Marathon and/or Stock Wand to ensure access to permit files and plans. cb 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 creek � as well as some evening and weekend hours depending on the workload. Page 3 of Packet Pg. 1430 2. Planning & Environmental Resources Department (under supervision of the Senior Director, Planning and Environmental Resources) .2 a) The Consultant is to review site plans for residential, commercial, office, or industrial (n 1� development, sign and fence permits for compliance with County land use standards contained 0 in the Land Development Code, as well as application and site plan review for compliance with the Land Development Code. 0 b) Han review must be conducted at the relevant County offices in Key Largo(2), Marathon and/or U) Stock lsland to ensure access to permit ffles, plans, maps avid human resources when needed. 4T 0 c) County staff wHI advise and direct Consultant's staff concerning work approved under the task 0 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. U) 3° Fire Prevention Services (under supervision of the Fire Marshal) a) The Consultant is to perform fire prevention inspections and 1plan review. Work to include inspections arid plan review for single and multi-farnily residential, commercial, office or industrial projects for compliance with the Florida Fire Prevention Code, sixtl-1 Edition (and related successors) and other codes as adopted by the State of Florida (by F.S. 633 and F.A.C. 0 69-A). w b) Plan review must be conducted at the relevant County offices to ensure access to permit files M and plans, w x w Q c) Consulta vit's staff must be available to work between up to 40 hours per week as well as some C14 evening and weekend hours depending on the workload. d) Inspectors avid plan reviewers must be Florida State Certified Fire Protection Engineers 0 specializing in sr.:)rinMer systerns and fire alarrn systerns, and qualified to review all aspects of structure avid archltectural design. ln addition, Consultant's employees are required to be 4) Florida State Certified Fire Safety Inspector l or IL U) F. SPECIAL CONMT10INS 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 urnrnediately pull the assigned person and/or persons off the jolb at no cost to the County. E 2, Temporary support personnel must The neat and clean experlenced workers and drug free. < 'Temporary support personnel shall be mentally,emotionally,and physically competent to perform the services required., Page 4 of 5 Packet Pg. 1431 1.1.a ° Temporary support personnel must provide their own transportation to and from the job site and 2 they are responsible for their own parking. 4° the Consultant must assume the employer/employee relatioinship. The County shall not be liable 0. for any workers" compensation or Title Vil of the Civil Rights Act claim that may arise from the temporary assignment. (n 5o NationalCrime Information Center back rouunds and police checks may be done on temporary U) support personnel by the County at any time during the Contract period, 0 I- . 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 lain or by the County to its officers and employees. 7a 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. 0 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 W 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 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. Identification cards provided by the County and the Consultant must be carried by Consultant's employees at all times louring the performance of any duties under this Agreement. � U) trs Page 5 of Packet Pg. 1432 1.1.a EXHIBIT " " COST SUMMARY SERVICE STANDARD HOURLYT * it _ . _.. .. ..... Inspectors BUilding, Mechanical, S per hour 170 per .... � hour c Ftectftal, Plumbing and Flood lain 4/hr minimum IIn Upper Keys 2/ r minimum in Lipper Keys and0. and R/ r minimum in both 4/hr minimum in bath Middle and Middle and Lower Keys Lower Keys Plans ExaminerBuilding, Mechanical,..... .... ..... ......... . �. ...... U) ® ....... ...... .._..������..� $90 per hear $10 per hour U) '.lect6cal, Plumbing and FloodpWn 4/hr rninimurn in Lipper Keys 2/hr rnlnlmur m in Upper Keys and 0 and R/hr minimum in both 4/hr crmimmurn ki both Addle and � a Diddle and Lower Keys Lower Keys ,0 as Building Official $120 per hour 9 $240 per hour, 2 4/hr minimum in Upper, Keys 2/hr minimum in Upper Keys and and R/hr mininiurn in both 4/hr minimum in both Addle and � Fiddle and Lower Keys Lower Keys ............ .................. ... .. _.-.. ......e.. .. ,- ® . . Fire Plans (Examiner $110 per hour 1 $220 per hour 3 4/hr rniriiirnu.uirn in Upper Keys /hr mininmurn in Upper Keys and and R/hr rn mrnurn in berth 4/hr rrminimurn in both Middle and � Middle and Lower Keys J, Lower Keys Fire Inspector - $100 per hour, $20 .r. .. . . ...... per hour W 4/hr minimum in Lipper Keys /hr minimum in Lipper Keys and and R/hr minimum in both 4/hr minimum in both Addle and ' Us Fiddle and Lower Keys Lower Keys W Customer Service/ Permit Clerk $48 per hour �.. .. ...$96 per ..hour c4 4/hr minimum in Upper Keys 1 2/hr minimum in Upper Keys and and /hr minimurn in both 1' 4/hr minimum in both Middle and Middle and Lower Keys Lower Keys ........................... . .... ................. .� Customer Service Supervisor / Senm or $70 per hour 140 per hour � Coordinator 4/hr minimum in Upper Keys 2/hr minimum in Upper Keys and � and R/hr, minimum in both 4/hr rrmimmum in both Middle and J � Addle and Lower Keys Lower Keys Zoning/Nanning Plans Examiner $1 S per hour $290 per hour 4/hr minimum in Upper Keys 2/hr minimum in Upper Keys and and 3/hr minimum in both 4/hr minimurn iM both Middle and 0 Middle and Lower Keys � Lower Keys � � *Services requested for US Federal Recognized Holidays and Sundays will be provided at 2 times the standard hourly rate with 2/hr minimum in Upper Keys and 4/hr minimum in bath Middle and Lower Keys. Packet Pg. 1433 1.1.a EXHIBIT )l ACKNOWLEDGMENT I aunr7n an employee with M.T. Caunsley, LLC. When assigned to work in Monroe County at the 1� 0 Monroe County Building Department, Planning Department, or fire Department, according to a Contract between M.T. Causley, LLC and Monroe County BOCC, I acknowledge that I am not an � employee of Monroe nroae County BOCC and am not entitled to any benefits from Monroe County BOCC. Us U) 4T 0 Compensation will be provided by M.T.Caunsley, LLC and Monroe County BOCC is not responsible CIL for paying rune for my work. U) I will comply with the personnel policies of IM .°I"°Causley, LLC and will not engage in conduct that Is prohibited according to Attachment 1, Prohibited Conduct, which has been provided to me. ° om 0 Signature .......................................................... ........................................................................................................ Print Narn°ne N ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.................................................................................................................. N Date 0 3 Packet Pg. 1434 Attadivitteint I, i'ru ohflshiillmd Coii'lduf�t A. AMU or repeaterf%A6,Rkns of County Me or Ill cferall k�nkt or, of Vi'iiese and 1mvicedue, .2 B. NsubaAhotion - Refusal to respond to authority's ieasonab,Iie iii�u�juest(s) or instiniotion. C, Mis(x�iinduist - Behavior not canharming to prevaMnig standards - Misconduct may indude, cis [itit is niot hiinfted tic) the R�Woviving! Rglqlng or Mricting bcidiiy har in on another ;)erson, 0 CL garriNifing, dangensus harseiHay, being iinder the influence it l.*ssq"",ssioir of fliegal drugs or CL alcohohc beveiiages, uiinrnwa� smoking in rvshkted area' arry dent aa or language (n which adversdy aReds morale, producHon, or maintenance or discipHne. Ruckmess or acts of drsiiesy�iiect to inembers of the pubhq supervisors, oir,otheii, enipioyees Oir (Juiky m off duW, .2 EnNNoyees shaU 1110t COMAInie rn be unrim he Mwerwe of aholrokic ii)everages whke cin dutyll nor shall they use or bis ud r� eii' I i ie influence cd, cmnsurne or ymnsess Hie gal substaines YMe oiii 1 2 Mutt, 011i CHI COU111ty propwirty at ainy dirine, IL D. CrImIj dGhamn, hAmmous or notor'icusly Isgraceful canduct advemety allecUng the Coumty and Consuiltant (on duly or Of duto, E, Convk�!Lknn (or a pha of ndb conWindere iri ci�ninectkm with) a N�uktny or, gross nisdemearrar, or umviction of a nAdenrewrwr or wdMance mdoiaticin invo[ving mo4l turialtude, F, N hefil! � ulf6Po �, wm artakig ieiinoving, destrt��ykig r�ii'tarnp)eri widi Cotonty 13")per wftirouL larloper autho��zadssn, G M AMish . y aa Cowity doi uirieiiits or m4:oids, cortiputer,^. IT generated recards. IntenUanaRy inaWng fabe statenrent efldiei sn-ai q!)r wriILIII en i Lilie 0 County, its enrq'flil�)yees,othel"eiillipII'cryees of Cioirrsulumt,' H, Tartness- Failure Ito report to assigned wivo;T stath3n on or behDre die scheduWd Marbing Ane. W L I'Asusie of Time - Meeong or camr acts of Inattention or negWct ad duty UnwAharized sale M of w ticies oir services, AwbutIon or poming of Hterature, canvassing, poMng(�ir petit�orilnjgl W x I. Safety Vioiatir!m!!; Unauffisrii'led l3lossession and/s!ir use of wealmns, anin-runition m W exj"liiosrves, Fadure to sri�:isemve general safety jaractices and reguiatk:mins, Neg[ect in the safety IC:q' CD of others irmni. the canunitting of uinsifie acM in UO Me mid care III COUnty pricrijerty isr C14 equipment, t M 1. K, Hiegal dMAng- DrNfing foo Consultant Mile perhorrAng tasks undu the AWnement when not r_ 0 possesshi" w mWl lmdd i rh'Tiver"s i�!�)e,�rnk sw Na My Vistmanc, in accMance vWth the pnadshnsca oil the Agree immm it. L MAW=or Negligent Desbiwhon of Rnopeny - YVMkd oll rTiahicious destrucHoin of County ty. Damiige of pmpeny [)V faihng to use i��ropier eqWpinein, cme and goodWidgmeint, as ii) in(�:ornj�)etence cw Inefficiency - InablUty or FaMe to per-foan vKxk of an ameptable sUndard ICU NA Discrindriation in Emplopment - DhoWhafirilig a&nst an enqAayee of Monroe County or ConsultanCs snnpiaiyr�u!es becausii��m of race,, r Ooii, rathnal smigin, sex, rekt;k:in, cii eed, sexual pmleiienicis, itiainsikap o"ge as defined 4m Mateor fedeiiia is\A`5 \1 Accei�itaiiu�!e of u,mau t rir:�ri zed coin perrsatk:ai. E 0J1Vfl!!;feasanre The dAng of a WU as in an Wawhd or Aproper manner so that thene is an infrAgement on Hie rights of another, P, Siniuking Smoking of Wbama products is lirohilsked k"M FArrmne Counry owned w occuisied l�nfl',iihc fadilhes (buMngsL veNcles, elevator% meeting roorrm, haUmmys, coMidoirs, WbbW% %warter fountain areas, stay rwrAs aind ii��intryways, Packet Pg. 1435