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03/21/2019 Agreement ��icouera��l wpM704-V, Kevin Madok, CPA �� R.o.....u ; ; Clerk of the Circuit Court& Comptroller—Monroe County, Florida ‘; co DATE: May 16, 2019 TO: Ed Koconis, Administrative Director Building Department ATTN: Michelle Yzenas, Executive Assistant Building Department FROM: Pamela Hanc• .C. SUBJECT: March 21st BOCC Meeting Enclosed are two certified copies (same as an original) of Item I1, 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), for your handling. Should you have any questions,please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 PROFESSIONAL SUPPORT SERVICES FOR PLAN REVIEW, INSPECTION SERVICES AND PLANNING/ZONING DEVELOPMENT REVIEW THIS CONTRACT(Contract or Agreement) is entered into this 214- day of VI/IAA-4 , 2017 by and between the Board of County Commissioners of Monroe County, Florida(hereafter"County"or"Board"), and M.T. Causley, LLC(hereafter"Consultant"). WHEREAS, the County has certain objectives as directed and established by the Board of County Commissioners, and which are consistent with,and supportive of the Florida Building Code,the Monroe County Code of Ordinances, and all other applicable Federal, State and Local Laws governing work performed under this Contract;and WHEREAS, it has been determined that it is in the best interest of the residents of and visitors to the County that a contract for PROFESSIONAL SUPPORT SERVICES FOR PLAN REVIEW, INSPECTION SERVICES AND PLANNING/ZONING DEVELOPMENT REVIEW be entered into with a private provider of such services; and WHEREAS, Consultant desires to provide such services. NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: I. TERM OF CONTRACT This Contract shall be effective on the date above, for a period of two (2) years, commencing on October 1,2020. The term of this Contract shall be renewable in accordance with Section V herein. This Contract is contingent upon an annual appropriation by the Board of County Commissioners. II. SCOPE OF SERVICES A detailed Scope of Services is attached as EXHIBIT"A"SCOPE OF SERVICES. III. COMPENSATION The County, in consideration of the Consultant substantially and satisfactorily performing and carrying out the objectives of the County in providing professional support services as detailed in the Scope of Services (attached hereto as EXHIBIT "A" SCOPE OF SERVICES), shall pay the Consultant based on invoices submitted by Consultant to the County's Building Department on a monthly basis. Hourly 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 classification, and description of work completed for each individual providing service under this Contract. Total Contract shall not exceed $1,500,000 (one million five hundred thousand dollars) per fiscal year. Page 1 of 14 IV. PAYMENT 1. Payment will be made after services are rendered in accordance with the Local Government Prompt Payment Act. 2. Any request for payment must be submitted by the Consultant as an invoice in a form satisfactory to the County Clerk(Clerk). 3. Invoices must describe in detail the services performed and the payment amount requested. 4. Invoices must be submitted in a timely manner to the office of the Building Official who will review the request and approve for payment if the invoice is deemed to be accurate and complete. If the invoice is not approved,the Consultant will be informed in writing including a detailed explanation of the deficiency that caused the disapproval of the invoice. 5. There are no reimbursable items. 6. After the Clerk of the Board examines and approves the request for payment,the County shall reimburse the Consultant by check. 7. Consultant shall provide all information necessary for the County to facilitate payment. V. RENEWAL The County shall have the option to renew this Contract after the original term, for an additional period of up to two (2) years and may be adjusted annually in accordance with the percentage change in the Consumer Price Index for all urban consumers(CPI-U)for the most recent twelve(12) months available ending March 31. Renewal is subject to satisfactory performance by Consultant and the availability of County funds. VI. CONSULTANT'S RESPONSIBILITIES AND LICENSING The Consultant shall secure, maintain and pay for any licenses necessary to perform duties and services under this contract. It is the Consultant's responsibility to maintain all professional licenses that may be required as well as any licenses or other certifications for any staff provided to the County under this contract by the Consultant. By signature hereon, the Consultant warrants that it is authorized by law to engage in the performance of the activities herein described, subject to the terms and conditions set forth in these contract documents. Proof of such licenses and approvals shall be submitted to the County upon request. The Consultant has, and shall maintain throughout the term of this contract, appropriate licenses and approvals required to conduct its business and that it will at all times conduct its business activities in a reputable and professional manner. Page 2 of 14 VII. INDEPENDENT CONTRACTOR At all times and for all purposes,the Consultant, its agents and employees are strictly considered to be Independent Contractors in their performance of the work contemplated hereunder. As such, the Consultant, its agents and employees shall not be entitled to any of the benefits, rights or privileges of County employees. The provider shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. The Consultant shall provide worker's compensation insurance, any benefits as desired, and shall be responsible for all tax withholding. VIII. STAFFING Since this Contract is a service agreement, staffing is of paramount importance. Consultant shall provide services using the following standards, as a minimum requirement: 1. The Consultant shall provide at its own expense all necessary personnel to provide the services under this Contract. The personnel shall not be employees of or have any contractual relationship with the County. 2. All.personnel engaged in performing services under this contract shall be fully qualified, and, if required,to be authorized or permitted under State and local law to perform such services,and Consultant shall provide immediate evidence of such authorization or permission upon request by the County. 3. The County shall, at its sole discretion, have the option to reject any individual provided to perform services under this Contract by the Consultant. 4. The Consultant shall require each of its employees to execute an acknowledgement that he/she is not an employee of County and that he/she is an employee of the Consultant and recognizes that no County benefits are available, as attached as EXHIBIT"C"ACKNOWLEDGMENT. 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& Environmental Resources b. Environmental Resources: Senior Director of Planning& Environmental Resources c. Building: Building Official d. Fire: Fire Marshal (AHJ—Authority Having Jurisdiction) Each of the above referenced individuals shall have final authority to approve the decisions and work product of Consultant's employees. In addition,each of the above referenced individuals may designate additional function(s)to be performed by the Consultant. Page 3 of 14 IX. INDEMNIFICATION REQUIREMENTS Notwithstanding any minimum insurance requirements prescribed elsewhere in this Contract,the Consultant covenants and agrees that he shall defend, indemnify and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action,(ii)any litigation, administrative proceedings,appellate proceedings,or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Consultant or any of its employees, agents, Consultants in any tier or other invitees during the term of this Agreement, (B)the negligence or willful misconduct of Consultant or any of its employees,agents,Consultants in any tier or other invitees,or(C)Consultant's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or negligent acts in part or omissions of the County or any of its employees, agents, Consultants or invitees (other than Consultant). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement,this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event the work under this Agreement is delayed or suspended as a result of the Consultant's failure to purchase or maintain the required insurance, the Consultant shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Consultant is for the indemnification provided for above. X. NON-DISCRIMINATION County and Consultant agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a Court of competent jurisdiction that discrimination has occurred,this Contract automatically terminates without any further action on the part of any party,effective the date of the court order. County or Consultant agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1)Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107)which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse;6)The Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970(PL 91-616),as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)The Public Health Service Act Page 4 of 14 of 1912,ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title 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 maybe amended from time to time,relating to nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 13,Art. VI, prohibiting discrimination on the bases of race, color, sex, religion, disability, national origin, ancestry,sexual orientation,gender identity or expression,familial status or age;and 11)any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to,or the subject matter of, this Contract. Xl. RECORDS AND DOCUMENTS Consultant shall keep and maintain all books, records, and documents directly pertinent to performance under this Contract in accordance with generally accepted accounting principles consistently applied. Each party to this Contract or their authorized representatives shall have reasonable and timely access to such records of each other party to this Contract for public records purposes during the term of the Contract and for five (5) years following the termination of this Contract. If an auditor employed by the County or Clerk determines that monies paid to the Consultant pursuant to this Contract were spent for purposes not authorized by this Contract, the Consultant shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to Consultant. XII. PUBLIC RECORDS Pursuant to Florida Statute §119.0701, Consultant and its subcontractors shall comply with all public records laws of the State of Florida, including but not limited to: a. Keep and maintain public records that ordinarily and necessarily would be required by Monroe County in the performance of this Agreement. b. Provide the public with access to public records on the same terms and conditions that Monroe County would provide the records and at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. d. Meet all requirements for retaining public records and transfer, at no cost, to Monroe County all public records in possession of the Consultant upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to Monroe County in a format that is compatible with the information technology systems of Monroe County. Page 5 of 14 e. County may cancel this Contract immediately if there is a violation of this Section. XIII. BREACH OF TERMS BY CONSULTANT The passing, approval, and/or acceptance by the County of any defect in the services furnished by the Consultant, shall not operate as a waiver by the County of strict compliance with the terms of this Contract, and specifications covering the services. Any Consultant breach of this agreement shall be governed by the article below on termination for cause. XIV. TERMINATION WITHOUT CAUSE The County may terminate this agreement without cause by providing the Consultant with written notice of termination at least fifteen (15) days prior to the date of termination. Consultant shall immediately withdraw its employees; will cease work (unless directed to finish work by County); and shall be paid through the date of termination for work completed. XV. TERMINATION WITH CAUSE The County may terminate this agreement for cause if the Consultant shall default in the performance of any of its obligations under this agreement. Default shall include the occurrence of any one of the following events and same is not corrected to the satisfaction of the County within fifteen (15)days after the County provides the Consultant with written notice of said default: a. Failure to provide services described in this contract. b. Failure to comply with local,state,or federal rules or regulations pertaining to this contract. c. Breach of any other term, condition or requirement of this agreement. XVI. ASSIGNMENT The Consultant shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County,which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the board. XVII. COMPLIANCE WITH LAW In providing all services pursuant to this agreement, the Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, Page 6 of 14 rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the Consultant. The Consultant shall possess proper licenses to perform work in accordance with these specifications throughout the term of this contract. 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 manner with the performance of services required by this contract, as provided in Sec. 112.311, et. seq., Florida Statutes. Upon execution of this contract, and thereafter as changes may require,the Consultant shall notify the County of any financial interest it may have in any and all contracts with Monroe County. 2. The County represents that its officers and employees recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 3. The Consultant guarantees that no work shall be performed on private sites within the County other than assigned by the County, whether or not there is any remuneration to Consultant or Consultant's employees, whether employed by Consultant or acting as individuals, during the entire term of this agreement. In addition,the Consultant shall not have any direct or indirect relationships, business or otherwise, with any entity having an interest in any project(s) being reviewed or inspected on behalf of the County. It shall be the responsibility of the Consultant to inform the County and refrain from performing services on such jobs. The Consultant shall not perform work of any kind or description within Monroe County for any party other than the County during the term of this Agreement whether related or unrelated to the types of services covered by or contemplated under this agreement or in any other location which could create a conflict of interest. XIX. FINANCIAL RESPONSIBILITY The Consultant shall not pledge the County's credit or make it a guarantor of payment or surety for any contract,debt,obligation,judgment,lien,or any form of indebtedness. The Consultant further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. XX. NOTICES Page 7 of 14 Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR THE COUNTY: Monroe County Administrator and Assistant County Administrator and Monroe County Attorney 1100 Simonton Street 2798 Overseas Highway 1111 12th St.,Suite 408 Key West,FL 33040 Marathon,FL 33050 Key West,FL 33041 FOR CONSULTANT: Matt K.Causley and Michel Smld M.T.Causley, LLC 866 Ponce de Leon Blvd. Coral Gables,FL 33134 XXI. TAXES The County is exempt from payment of Florida State Sales and Use taxes. The Consultant shall not be exempted by virtue of the County's exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is the Consultant authorized to use the County's Tax Exemption Number in securing such materials. The Consultant shall be responsible for any and all taxes and withholding for any required deductions from compensation paid to its employees related to services rendered under this agreement. County shall not be responsible for payment for any of Consultant's employees. XXII. GOVERNING LAW,VENUE, INTERPRETATION,COSTS AND FEES This Contract shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Contract,the County and Consultant agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. Mediation proceedings initiated and conducted pursuant to this Contract shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. This Contract is not subject to arbitration. XXIII. PUBLIC ENTITY CRIME STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a response on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for construction or repair of a public building or public work; may not submit bids on leases of real property to public entity; may not be awarded or perform work as a Consultant,supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the Page 8 of 14 threshold amount provided in Section 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. (CATEGORY TWO: $35,000.00). XXIV. AUTHORIZED SIGNATURES The signatory for the Consultant, below,certifies and warrants that: 1. The Consultant's name in this agreement is its full name as designated in its corporate charter. 2. He or she is empowered to act and enter into contracts on behalf of Consultant. 3. This agreement has been approved in accordance with the Consultant's corporate policies and directives and in accordance with law. Further, Consultant shall, upon execution of this agreement, provide current proof of active corporate or other status and a list of its Board of Directors. XXV. SEVERABILITY If any term, covenant, condition or provision of this Contract (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction,the remaining terms,covenants, conditions and provisions of this Contract, shall not be affected thereby; and each remaining term, covenant,condition and provision of this Contract shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Contract would prevent the accomplishment of the original intent of this Contract. The County and Consultant agree to reform the Contract to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. XXVI. ATTORNEY'S FEES AND COSTS The County and Consultant agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs as an award against the non-prevailing party, and shall include attorney's fees and court costs in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. XXVII. BINDING EFFECT Page 9 of 14 The terms,covenants,conditions,and provisions of this Contract shall bind and inure to the benefit of the County and Consultant and their respective legal representatives, successors, and assigns. XXVIII. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Contract have been duly authorized by all necessary County action and by action of the Consultant,as required by law. XXIX. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Contract, County and Consultant agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Contract or provision of the services under this Contract. County and Consultant specifically agree that no party to this Contract shall be required to enter into any arbitration proceedings related to this Contract. XXX. NO SOLICITATION/PAYMENT The County and Consultant warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for It,to solicit or secure this Contract and that it has not paid or agreed to pay any person,company,corporation,individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Contract. For the breach or violation of the provision, the Consultant agrees that the County shall have the right to terminate this Contract without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. XXXI. — NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec.768.28,Florida Statutes,the participation of the County and the Consultant in this Contract and the acquisition of any commercial liability insurance coverage, self-insurance coverage,or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. XXXII. NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Contract to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Consultant agree that neither the County nor the Consultant or any agent, officer, or employee of either shall have the authority to Page 10 of 14 inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Contract separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. XXXIII. ATTESTATIONS Consultant agrees to execute such documents as the County may reasonably require,including but not limited to a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement which are attached hereto in original form with original signatures from Consultant's response to RFP, or as provided thereafter. XXXIV. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member,officer,agent or employee of County in his or her individual capacity,and no member, officer, agent or employee of_County shall be liable personally on this agreement or be subject to any personal liability or accountability by reason of the execution of this agreement. XXXV. EXECUTION IN COUNTERPARTS This Contract may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Contract by signing any such counterpart. XXXVI. SECTION HEADINGS Section headings have been inserted in this agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this agreement and will not be used in the interpretation of any provision of this agreement. XXXVII. INSURANCE POLICIES Upon execution of this Contract, Consultant shall provide to County evidence of insurance coverage as follows: A. INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN COUNTY AND CONSULTANT 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: Page 11 of 14 Insurance Coverage Type Required Limits Manual Form Workers'Compensation Statutory Employers' Liability $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease,policy limits WC2 $500,000 Bodily Injury by Disease, each employee Commercial General Liability $500,000 GL2 Vehicle Liability $300,000 VL2 Professional Liability $500,000 Per Occurrence $1,000,000 Annual Aggregate PRO2 All insurance should be provided by insurance companies that are licensed to do business in the State of Florida with a minimum A. M. Best Rating of A+. The Monroe County Board of County Commissioners shall be named as an Additional Insured. B. GENERAL INSURANCE REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS: As a pre-requisite of the work governed, the CONTRACTOR shall obtain, at his/her own expense, insurance as specified herein, which is made part of this contract. The CONTRACTOR shall require all subcontractors to obtain insurance consistent with the requirements specified in this Contract. The CONTRACTOR will not be permitted to commence work governed by this contract (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the COUNTY as specified below, and where applicable CONTRACTOR shall provide proof of insurance for all approved subcontractors. Delays in the commencement of work, resulting from the failure of the CONTRACTOR to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the CONTRACTOR'S failure to provide satisfactory evidence. The CONTRACTOR shall maintain the required insurance throughout the entire term of this contract and any extensions. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the CONTRACTOR to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended,except for the CONTRACTOR'S failure to maintain the required insurance. Page 12 of 14 The CONTRACTOR shall provide to the COUNTY as satisfactory evidence of the required insurance, either: • Certificate of Insurance or • Certified copy of the actual insurance policy The County,at its sole option,has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty(30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the CONTRACTOR'S insurance shall not be construed as relieving the CONTRACTOR from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies,except for Workers' Compensation. XXXVIII. ENTIRE AGREEMENT This agreement constitutes the entire agreement between the County and the Consultant for the services contemplated herein. Any amendments or revisions to this agreement must be in writing and be executed in the same manner as this agreement. BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Page 13 of 14 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 c�tS� )• .n original contract. ,� �L�� s MADOK,CLERK OF COURT BOARD OF COUNTY COMMISSIONERS Asa % OF MONROE / a UNTY OIDA rkl,NrO�T COY`+ ,-- \ ,if . By: 1/\/vi' By: Deputy Clerk Mayor 3 o _,., ' 2a (ri CD r-r?. -.<. M.T. CAUSLEY, LLC '. — -r; cn CD 70 Attest ` 1 114410 a ..s b r-) By: By: /i WITNES Thomas P. Wilkas - a c Title: C®n'6r tC - in c ta_5ex Title: Chief Financial Officer r-- —4 By: 4_6 P-v ' --- WITNESS Title: 1-.71rp r.-tom Ge- 1Yl1-C1ai Ves MONROE COUNTY ATTORNEY ApOVED :0E0RM Date: d STATE OF C41.,u-cc. COUNTY OF 1x.r'Ivet cif On this as day of (41 2019, before me appeared Thomas P. Wilkas, Chief Financial Officer of M.T. Causley, LLC,the person who''e name is subscribed above, and who produced S L t k V V1 as identification, or is personally known to me, and acknowledged that he/she is the person'vho executed the above Contract for the purposes therein contained. Om1L Notary Public AMANDAGSLL►ANi P&OTA:::::o UE:LBC ;�; Pienand ;f STATEOIO'RE.�+ G►�lCahn 11:: NOTARY I1 10i8400MY COMMI.SIOIRE=S O4 27_2099 Print Name My commission expires: 14 '11 't' Seal Page 14 of 14 EXHIBIT "A" SCOPE OF SERVICES A. BUILDING DEPARTMENT PLAN REVIEW AND INSPECTIONS (BUILDING/ELECTRIC/PLUMBING/ MECHANICAL/FLOOD): The Building Department is seeking a Consultant to conduct building, plumbing, mechanical,electrical, flood, and related Code compliance inspections, and plan review. Permit intake and issuance services may also be needed. Work will include inspections and plan review for single family and multi-family residential,commercial,office and/or industrial projects for compliance with the latest Florida Building Code in effect. Plan review must be conducted pursuant to protocols established by the Building Official at locations within the jurisdiction of the County that provide access to the relevant permit files and plans, i.e. Upper Keys (Key Largo area); Middle Keys (Marathon area) and Lower Keys(Stock Island area.) Consultant must be available to provide services to the County by employees available during County's business hours. Consultant should provide employees who are available to work up to 40 hours per work week. Some evening or weekend hours 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 & ENVIRONMENTAL RESOURCES PLAN REVIEW The Planning & Environmental Resources Department is seeking a Consultant to conduct zoning plan review. Work will include review of site plans for residential, commercial, office, or industrial development, sign and fence permits for compliance with the County's land use standards contained in the Land Development Code, as well as application and site plan review for compliance and review of development applications (i.e. conditional uses, variances, land use, etc.) Plan review must be conducted at the relevant County office to ensure access to permit files, plans, maps and human resources when needed. Consultant must be available to provide services to the County by employees available during County's business hours. Consultant should provide employees who are available to work up to 40 hours per work week. Some evening or weekend hours may be necessary, depending on workload. Consultant's employees should be very detail oriented, have good reasoning skills,work with checklists to complete reviews and be able to work independently with minimum supervision. C. FIRE PREVENTION PLAN REVIEW AND INSPECTIONS Consultant's employees must be qualified with the following: 1. Florida State Certified Fire Protection Engineer specializing in sprinkler systems and fire alarm systems, but qualified to review all aspects of structure and architectural design. 2. Florida State Certified Fire Safety Inspector I or II. Page 1 of 5 D. GENERAL PROVISIONS 1. The Consultant's services will be performed on behalf of and solely for the benefit and exclusive use of County for the limited purposes set forth in this Agreement. County acknowledges that the Consultant's services require decisions,which are based upon laws and jurisdiction, as well as best professional standards and judgment. 2. In the performance or furnishing of professional services hereunder,the Consultant,and those it is responsible for, shall exercise the degree of skill and care customarily accepted as prudent professional practices and procedures by members of the same profession currently practicing under similar conditions in the same locality("Standard of Care"). Consistent with this Standard of Care, the services shall conform to applicable laws; codes, ordinances and regulations of any governmental agency having jurisdiction over the project, at the time services are rendered. The Consultant shall perform its services within the response times provided herein and as expeditiously as is consistent with the Standard of Care and with the orderly progress of the Work. 3. The Consultant shall not be required to sign any documents, no matter by who requested, that would result in the Consultant having to certify, guaranty or warrant the existence of conditions whose existence the Consultant cannot ascertain. Any certification provided by the Consultant shall be so provided based on the Consultant's knowledge, information and belief subject to the preceding sentence, and shall be given in the Consultant's professional opinion consistent with the Standard of Care. 4. Nothing contained in this Agreement is intended to create a contractual relationship with, or a cause of action in favor of, a third party against either the County or the Consultant. The Consultant's services under this Agreement are being performed solely for the benefit of the County and it is the intent of the parties that no person or other entity shall have any claim against the County or the Consultant because of this Agreement. In addition, nothing herein shall be construed as creating a contractual relationship between the County and any employee or representative of the Consultant. 5. The Consultant will be responsible for coordination of its work with County officials. 6. The Consultant at the conclusion of its review of each building permit,shall state in writing on forms provided by the County whether the plans reviewed or the construction inspection passed or failed. The Consultant will specify the legal reasons for a failed review or inspection, and the necessary remedial actions. 7. The Consultant shall provide to the County clear, specific, and definite written final recommendations and observations that support the Consultant's recommendations and conclusions regarding each building inspection and plan review. Page 2of5 8. Field inspections must be completed within response time of twenty-four hours of request, the same or next business day, depending on when the call for inspection is received by the County excluding weekends and County Holidays. 9. The Consultant guarantees that no work shall be performed on private sites within the County other than assigned by the County, whether or not there is any remuneration to Consultant or Consultant's employees,whether employed by Consultant or acting as individuals,during the entire term of this agreement. In addition, the Consultant shall not have any direct or indirect relationships, business or otherwise, with any entity having an interest in any project(s) being reviewed or inspected on behalf of the County. It shall be the responsibility of the Consultant to inform the County and refrain from performing services on such jobs. 10.The Consultant shall not perform work of any kind or description within Monroe County for any party other than the County during the term of this Agreement whether related or unrelated to the types of services covered by or contemplated under this agreement or in any other location which could create a conflict of interest. 11. All services shall be compensated at the hourly rates established in accordance with the attached schedule, EXHIBIT"B" COST SUMMARY. However, the total compensation to the Consultant for services of the Consultant shall not, correspondingly, increase above those stated in the attached schedule. 12. Tasks will be assigned by task number and given to the Consultant and to Consultant's employee on site. If Consultant directs its staff member to proceed with the task, Consultant shall communicate that decision to the relevant County staff. E. DESCRIPTION OF SERVICES 1. Building Department Services (under supervision of the Building Official) a) The Consultant is to perform building, plumbing,mechanical, electrical,flood,and related Code compliance inspections,and plan review. Work to include inspections and plan review for single and multi-family residential, commercial, office or industrial projects for compliance with the technical codes applicable to the project. b) Plan review must be conducted at the relevant County offices in Key Largo(2), Marathon and/or Stock Island to ensure access to permit files and plans. c) The County Building Official will oversee the duties performed by the consultant's staff as required by F.S.468. The Consultant's staff must be available to work up to 40 hours per week as well as some evening and weekend hours depending on the workload. Page 3 of 5 2. Planning & Environmental Resources Department (under supervision of the Senior Director, Planning and Environmental Resources) a) The Consultant is to review site plans for residential, commercial, office, or industrial development,sign and fence permits for compliance with County land use standards contained in the Land Development Code, as well as application and site plan review for compliance with the Land Development Code. b) Plan review must be conducted at the relevant County offices in Key Largo(2), Marathon and/or Stock Island to ensure access to permit files, plans, maps and human resources when needed. c) County staff will advise and direct Consultant's staff concerning work approved under the task order. The Consultant's staff must be available to work between up to 40 hours per week as well as some evening and weekend hours depending on the workload. 3. Fire Prevention Services(under supervision of the Fire Marshal) a) The Consultant is to perform fire prevention inspections and plan review. Work to include inspections and plan review for single and multi-family residential, commercial, office or industrial projects for compliance with the Florida Fire Prevention Code, sixth Edition (and related successors) and other codes as adopted by the State of Florida (by F.S. 633 and F.A.C. 69-A). b) Plan review must be conducted at the relevant County offices to ensure access to permit files and plans. c) Consultant's staff must be available to work between up to 40 hours per week as well as some evening and weekend hours depending on the workload. d) Inspectors and plan reviewers must be Florida State Certified Fire Protection Engineers specializing in sprinkler systems and fire alarm systems, and qualified to review all aspects of structure and architectural design. In addition, Consultant's employees are required to be Florida State Certified Fire Safety Inspector I or II. F. SPECIAL CONDITIONS 1. The County reserves the right to ensure that all persons supplied under this Contract meet the requirements listed below. If at any time they do not meet these requirements the successful firm shall immediately pull the assigned person and/or persons off the job at no cost to the County. 2. Temporary support personnel must be neat and clean experienced workers and drug free. Temporary support personnel shall be mentally,emotionally,and physically competent to perform the services required. Page 4 of 5 3. Temporary support personnel must provide their own transportation to and from the job site and they are responsible for their own parking. 4. The Consultant must assume the employer/employee relationship. The County shall not be liable for any workers' compensation or Title VII of the Civil Rights Act claim that may arise from the temporary assignment. 5. National Crime Information Center backgrounds and police checks may be done on temporary support personnel by the County at any time during the Contract period. 6. Persons employed by the Consultant in the performance of services pursuant to this Contract shall not be considered employees of the County, shall be independent thereof and shall have no claim against the County as to pension, worker's compensation, unemployment compensation, insurance, salary, wages or other employee rights or privileges granted by operation of law or by the County to its officers and employees. 7. The Consultant agrees to reimburse the County for any improper charges, which can be documented as a result of the Consultant's employee(s) making unauthorized long distance telephone calls or other inappropriate use of County property while working at or on behalf of the County. 8. Professional behavior and conduct will be demonstrated by Consultant's employees at all times while performing work assignments under this contract. All employees provided by Consultant shall be required to dress in professional, conservative business-like attire, suitable for public exposure. No jeans, T-shirts, or athletic shoes will be allowed, unless approved by the County Department to which the temporary personnel are assigned. Consultant must provide its employees with suitable safety attire including puncture proof footwear for work assignments conducted in the field. In addition, Consultant must provide its employees with all necessary equipment and tools to perform 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 during the performance of any duties under this Agreement. Page 5 of 5 EXHIBIT "B" COST SUMMARY SERVICE STANDARD HOURLY RATE BEYOND 5 PM AND SATURDAYS* Inspectors — Building, Mechanical, $85 per hour $170 per hour Electrical, Plumbing and Floodplain 4/hr minimum in Upper Keys 2/hr minimum in Upper Keys and and 8/hr minimum in both 4/hr minimum in both Middle and Middle and Lower Keys Lower Keys Plans Examiner — Building, Mechanical, $90 per hour $180 per hour Electrical, Plumbing and Floodplain 4/hr minimum in Upper Keys 2/hr minimum in Upper Keys and and 8/hr minimum in both 4/hr minimum in both Middle and Middle and Lower Keys Lower Keys Building Official $120 per hour $240 per hour 4/hr minimum in Upper Keys 2/hr minimum in Upper Keys and and 8/hr minimum in both 4/hr minimum in both Middle and Middle and Lower Keys Lower Keys Fire Plans Examiner $110 per hour $220 per hour 4/hr minimum in Upper Keys 2/hr minimum in Upper Keys and and 8/hr minimum in both 4/hr minimum in both Middle and Middle and Lower Keys Lower Keys Fire Inspector $100 per hour $200 per hour 4/hr minimum in Upper Keys 2/hr minimum in Upper Keys and and 8/hr minimum in both 4/hr minimum in both Middle and Middle and Lower Keys Lower Keys Customer Service/ Permit Clerk $48 per hour $96 per hour 4/hr minimum in Upper Keys 2/hr minimum in Upper Keys and and 8/hr minimum in both 4/hr minimum in both Middle and Middle and Lower Keys Lower Keys Customer Service Supervisor / Senior $70 per hour $140 per hour Coordinator 4/hr minimum in Upper Keys 2/hr minimum in Upper Keys and and 8/hr minimum in both 4/hr minimum in both Middle and Middle and Lower Keys Lower Keys Zoning/Planning Plans Examiner $145 per hour $290 per hour 4/hr minimum in Upper Keys 2/hr minimum in Upper Keys and and 8/hr minimum in both 4/hr minimum in both Middle and 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 both Middle and Lower Keys. EXHIBIT "C" ACKNOWLEDGMENT I am an employee with M.T. Causley, LLC. 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, LLC and Monroe County BOCC, I acknowledge that I am not an employee of Monroe County BOCC and am not entitled to any benefits from Monroe County BOCC. Compensation will be provided by M.T.Causley, LLC and Monroe County BOCC is not responsible for paying me for my work. I will comply with the personnel policies of M.T.Causley, LLC and will not engage in conduct that is prohibited according to Attachment 1, Prohibited Conduct,which has been provided to me. Signature Print Name Date Attachment 1, 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. Misconduct- Behavior not conforming to prevailing standards- Misconduct may include, but is not limited to the following: Fighting or inflicting bodily harm on another person, gambling,dangerous horseplay, being under the influence or possession of illegal drugs or alcoholic beverages, immoral behavior, smoking in restricted areas, any violent act or language which adversely affects morale, production, or maintenance of discipline. Rudeness or acts of disrespect to members of the public, supervisors, or other employees on duty or off duty. Employees shall not consume or be under the influence of alcoholic beverages while on duty, nor shall they use or be under the influence of, consume or possess illegal substances while on duty, or on County property at any time. D. Criminal,dishonest, infamous or notoriously disgraceful conduct adversely affecting the County and Consultant (on duty or off duty). E. Conviction of(or a plea of nolo contendere in connection with) a felony or gross misdemeanor, or conviction of a misdemeanor or ordinance violation involving moral turpitude. F. Theft or pilfering- Possessing, unauthorized use of, taking, removing, destroying or tampering with County property without proper authorization. G. Fraud or Dishonesty- Falsification of County documents or records, or computer generated records. Intentionally making false statement either oral or written about the County, its employees,other employees of Consultant. H. Tardiness- Failure to report to assigned work station on or before the scheduled starting time. I. Misuse of Time -Sleeping or other acts of inattention or neglect of duty. Unauthorized sale of articles or services,distribution or posting of literature, canvassing, polling or petitioning. J. Safety Violations- Unauthorized possession and/or use of weapons, ammunition or explosives. Failure to observe general safety practices and regulations. Neglect in the safety of others or the committing of unsafe acts in the use and care of County property or equipment. K. Illegal driving- Driving for Consultant while performing tasks under the Agreement when not possessing a valid Florida driver's permit or liability insurance, in accordance with the provisions of the Agreement. L. Malicious or Negligent Destruction of Property-Willful or malicious destruction of County property. Damage of property by failing to use proper equipment, care and good judgment. P. Incompetence or Inefficiency - Inability or failure to perform work of an acceptable standard M. Discrimination in Employment Discriminating against an employee of Monroe County or Consultant's employees because of race, color, national origin, sex, religion,creed, sexual preference, handicap or age as defined in state or federal laws N. Acceptance of unauthorized compensation. O.Misfeasance -The doing of a lawful act in an unlawful or improper manner so that there is an infringement on the rights of another. P.Smoking- Smoking of tobacco products is prohibited in all Monroe County owned or occupied public facilities (buildings), vehicles, elevators, meeting rooms, hallways, corridors, lobbies, water fountain areas, stairwells and entryways.