Item H5 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 19.2014 Division: Growth Management
Bulls Item: Yes X No _ Department:Building Department
Staff Contact: Jerry Smith/453-9729
AGENDA ITEM WORDING:
Approval of a contract with M.T. Causley, Inc. for Professional Support Services for plan review,
inspection services and development review to support day-today operations of the Growth
Management Division and Fire Department related to issuance of building permits.
ITEM BACKGROUND:
At the January 16, 2013 BOCC meeting,the Board approved M.T. Causley as the external provider to
support the County's Growth Management and Fire Department staff in providing timely,effective and
responsive inspections and reviews for building permit applications. Previously, at the September 17,
2013 BOCC meeting, the BOCC approved M.T. Causley, Inc. as the provider of choice. The proposal
was evaluated and scored by a Selection Committee at a publicly advertised meeting on December 10,
2013 at 10:00 am.
PREVIOUS RELEVANT BOCC ACTION:
September 17, 2013: Approval to advertise the RFP for Professional Support Services for Plan
Review,Inspection Services&Development Review.
January 16,2014: BOCC approved M.T.Causley,Inc.as the provider of choice.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval of M.T.Causley,Inc. Contract.
TOTAL COST: INDIRECT COST:_BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes T No_ AMOUNT PER MONTH Year
APPROVED BY: County Atty 3 K& O 6= Mg " Risk Management_ .., .
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM#
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: M.T. Causely, Inc. Contract#
Effective Date:
Expiration Date:
Contract Purpose/Description:
Approval of a contract with M.T.Causley,Inc, for Professional Support Services for
lan MdM i=999.2t f ft
Growth MEagement Division and Fire Department related to issuance of building 'ts.
Contract Manager:
(Name) (Ext.) (Department/Stop#)
for BOCC meeting on March 19,2014 Agenda Deadline:
March 4,2014
CONTRACT COSTS
Total Dollar Value of Contract: $ 500,000.00 Current Year Portion: $
Budgeted?Yes❑ No❑ Account Codes: /f0 SIR X10A - D - -�• �
Grant:
County Match: $ N/A lme -gra yoo seo Ova �
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For.
of included in dollar value above maintenance,utilities,jmftriA salaries,etc.
CONTRACT REVIEW
Changes Date Out
Date In Needed Reviewer
Division Director Yes❑No❑
" 1),
Risk Management � �' "' Yes[]No � :4A
.� :�° Ict
O.M.B./Purc1!Q / Yes❑No /l
County Attorney Yes[]NoR A4.
Comments:
OMB Form Revised 2/27ro1 MCP#2
CONTRACT FOR PROFESSIONAL SUPPORT SERVICES FOR PLAN REVIEW, INSPECTION SERVICES
AND PLANNING/ZONING DEVELOPMENT REVIEW
THIS CONTRACT(Contract or Agreement) is entered into this 19th day of March , 2014,
by and between the Board of County Commissioners of Monroe County, Florida ("County" or
"Board"), and M. T. Causley, Inc. ("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 interests of Monroe County and
its residents that a contract for PROFESSIONAL SUPPORT SERVICES FOR PLAN REVIEW,
INSPECTION SERVICES AND PLANNING/ZONING DEVELOPMENT REVIEW be entered into with a
private provider of such services; and
WHEREAS, Consultant desires to provide such services.
NOW THEREFORE, in consideration of the mutual promises contained herein, the
parties agree as follows:
I. TERM OF CONTRACT
This Contract shall be effective on the date above, for a period of two (2) years. The
term of this Contract shall be renewable in accordance with Section V herein. This
Contract is contingent upon an annual appropriation by the Board of County
Commissioners.
II. SCOPE OF SERVICES
A detailed Scope of Services is attached as EXHIBIT A.
III. COMPENSATION
The County, in consideration of the Consultant substantially and satisfactorily
performing and carrying out the objectives of the County in providing professional
support services as detailed in the Scope of Services (attached hereto as Exhibit A),
shall pay the Consultant based on invoices submitted by Consultant to the County's
Division of Growth Management on a monthly basis. Hourly Rates will be those on
Exhibit B. Invoices must provide sufficient detail and documentation to support the
activities and services for the billing period covered by the invoice, including but not
limited to the exact dates, hours of service,job classification, and description of work
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completed for each individual providing service under this Contract. (See invoice
attached as Exhibit Q. Total Contract shall not exceed $500,000.00 (Five Hundred
Thousand Dollars) per year.
IV. PAYMENT
1. Payment will be made after services are rendered in accordance with the Local
Government Prompt Payment Act.
2. Any request for payment must be submitted by the Consultant as an invoice in a
form satisfactory to the County Clerk (Clerk).
3. Invoices must describe in detail the services performed and the payment amount
requested.
4. Invoices must be submitted in a timely manner to the office of Director, Growth
Management Division who will review the request and approve for payment if
the invoice is deemed to be accurate and complete. If the invoice is not
approved, the Consultant will be informed in writing including a detailed
explanation of the deficiency that caused the disapproval of the invoice.
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 with the same terms. Renewal is subject
to satisfactory performance by Consultant and the availability of County funds.
VI. CONSULTANT'S RESPONSIBILITIES AND LICENSING
The Consultant shall secure, maintain and pay for any licenses necessary to perform
duties and services under this contract. It is the Consultant's responsibility to
maintain all professional licenses that may be required as well as any licenses or
other certifications for any staff provided to the County under this contract by the
Consultant. By signature hereon, the Consultant warrants that it is authorized by law
to engage in the performance of the activities herein described, subject to the terms
and conditions set forth in these contract documents. Proof of such licenses and
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approvals shall be submitted to the County upon request. The Consultant has, and
shall maintain throughout the term of this contract, appropriate licenses and
approvals required to conduct its business and will at all times conduct its business
activities in a reputable and professional manner.
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.
Employees of the Consultant shall at all times exercise independent, professional
judgment and shall assume professional responsibility for the services to be
provided. The Consultant shall provide worker's compensation insurance, any
benefits as desired, and shall be responsible for all tax withholding.
Vill. STAFFING
Since this Contract is a service agreement, staffing is of paramount importance.
Consultant shall provide services using the following standards, as a minimum
requirement:
1. The Consultant shall provide at its own expense all necessary personnel to
provide the services under this Contract. The personnel shall not be employees
of or have any contractual relationship with the County.
2. All personnel engaged in performing services under this contract shall be fully
qualified, and, if required, to be authorized or permitted under State and local
law to perform such services, and Consultant shall provide immediate evidence of
such authorization or permission upon request by the County.
3. The County shall, at its sole discretion, have the option to reject any individual
provided to perform services under this Contract by the Consultant.
4. The Consultant shall require each of its employees to execute an
acknowledgement that he/she is not an employee of County and that he/she is
an employee of the Consultant and recognizes that no County benefits are
available, as attached as Exhibit D.
5. The following disciplines shall report to the Department Director or his/her
designee for each discipline as follows:
a. Planning: Senior Director of Planning and Environmental Resources
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b. Environmental Resources: Senior Director of Planning and
Environmental Resources
c. Building: Building Official
d. Fire: Fire Marshal (AHJ —Authority Having Jurisdiction)
Each of the above referenced individuals shall have final authority to approve the
decisions and work product of Consultant's employees. In addition, each of the
above referenced individuals may designate additional function(s) to be performed
by the Consultant.
6. Employees of Consultant shall comply with the Work Policies and Regulations
of Consultant, attached as Exhibit E, as well as those attached as Exhibit F,
Prohibited Conduct.
7. The County shall not negotiate with or hire any individual who was employed
by the Consultant during the term of this agreement for at least one year
after termination of their employment with the Consultant. During the term
of this agreement, and for a period of one year after termination of this
agreement, the County shall not negotiate with or hire any individual who is
employed with the Consultant at the termination of this agreement without
the Consultant's prior authorization. The County may hire the Consultant's
employee provided the Consultant is compensated the employee's annual
salary.
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
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Consultant). Insofar as the claims, actions, causes of action, litigation, proceedings,
costs or expenses relate to events or circumstances that occur during the term of this
Agreement, this section will survive the expiration of the term of this Agreement or
any earlier termination of this Agreement. In the event the work under this
Agreement is delayed or suspended as a result of the Consultant's failure to purchase
or maintain the required insurance, the Consultant shall indemnify the County from
any and all increased expenses resulting from such delay. The first ten dollars
($10.00) of remuneration paid to the Consultant is for the indemnification provided
for above.
X. NON-DISCRIMINATION
County and Consultant agree that there will be no discrimination against any person,
and it is expressly understood that upon a determination by a Court of competent
jurisdiction that discrimination has occurred, this Contract automatically terminates
without any further action on the part of any party, effective the date of the court
order. County or Consultant agree to comply with all Federal and Florida statutes,
and all local ordinances, as applicable, relating to nondiscrimination. These include
but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which
prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the
Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686),
which prohibits discrimination on the basis of sex; 3) Section 504 of the
Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as
amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age;
5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended,
relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970
(PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse
or alcoholism; 7) The Public Health Service Act of 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.
XI. RECORDS AND DOCUMENTS
Consultant shall keep and maintain all books, records, and documents directly
March 19,2014 Final 030420140 210
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.
II. 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.
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
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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.
V. 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 may subcontract for services requiring a Biologist, Planner and Zoning
Technician. Consultant will be responsible to verify eligibility for employment and
licensing according to this Contract. These subcontractors shall be treated as
employees of Consultant under this Contract and shall be covered by Consultant's
insurance. Subcontractors are expressly not third party beneficiaries under this
contract.
Other than as above mentioned, 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.
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VII. 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, 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. Consultant' affiliated company is presently working as a private provider for
inspection services for Key Largo Ocean Resorts (KLOR). Consultant's affiliate
is also employed as a private provider at Howell Key for single family
residence. Consultant cannot perform county plan review or inspections on
the sites mentioned above. The Consultant guarantees that no work shall be
performed on private sites within unincorporated Monroe County other than
assigned by the County, whether or not there is any remuneration to
Consultant or Consultant's employees, whether employed by Consultant or
acting as individuals, during the entire term of this agreement. In addition,
the Consultant shall not have any direct or indirect relationships, business or
otherwise, with any entity having an interest in any project(s) being reviewed
or inspected on behalf of the County. It shall be the responsibility of the
Consultant to inform the County and refrain from performing services on such
jobs. The Consultant shall not perform work of any kind or description within
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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
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 Growth Management Director Monroe County Attorney
1100 Simonton Street 2798 Overseas Highway 1111 12`h St.,Suite 408
Key West, FL 33040 Marathon,FL 33050 Key West, FL 33041
FOR CONSULTANT:
Michael Causley
M.T. Causley, Inc.
97 NE 15 Street
Homestead, FL 33030
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
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rendered under this agreement. County shall not be responsible for payment for any
of Consultant's employees.
XXII. GOVERNING LAW,VENUE, INTERPRETATION, COSTS AND FEES
This Contract shall be governed by and construed in accordance with the laws of the
State of Florida applicable to contracts made and to be performed entirely in the
State. In the event that any cause of action or administrative proceeding is instituted
for the enforcement or interpretation of this Contract, the County and Consultant
agree that venue shall lie in the appropriate court or before the appropriate
administrative body in Monroe County, Florida. Mediation proceedings initiated and
conducted pursuant to this Contract shall be in accordance with the Florida Rules of
Civil Procedure and usual and customary procedures required by the circuit court of
Monroe County. Both parties specifically waive their right to a trial by jury. This
Contract is not subject to arbitration.
XXIII. PUBLIC ENTITY CRIME STATEMENT
A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a response on a contract to provide
goods or services to a public entity; may not submit a bid on a contract with a public
entity for construction or repair of a public building or public work; may not submit
bids on leases of real property to public entity; may not be awarded or perform work
as a Consultant, supplier, subcontractor, or consultant under a contract with any
public entity; and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017, F.S. for CATEGORY TWO for a period
of 36 months from the date of being placed on the convicted vendor list. (CATEGORY
TWO: $35,000.00).
XXIV. AUTHORIZED SIGNATURES
The signatory for the Consultant, below, certifies and warrants that:
1. The Consultant's name in this agreement is its full name as designated in its
corporate charter.
2. He or she is empowered to act and enter into contracts on behalf of Consultant.
3. This agreement has been approved in accordance with the Consultant's
corporate policies and directives and in accordance with law.
Further, Consultant shall, upon execution of this agreement, provide current proof of
active corporate or other status and a list of its Board of Directors.
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V. SEVERABILITY
If any term, covenant, condition or provision of this Contract (or the application
thereof to any circumstance or person) shall be declared invalid or unenforceable to
any extent by a court of competent jurisdiction, the remaining terms, covenants,
conditions and provisions of this Contract, shall not be affected thereby; and each
remaining term, covenant, condition and provision of this Contract shall be valid and
shall be enforceable to the fullest extent permitted by law unless the enforcement of
the remaining terms, covenants, conditions and provisions of this Contract would
prevent the accomplishment of the original intent of this Contract. The County and
Consultant agree to reform the Contract to replace any stricken provision with a valid
provision that comes as close as possible to the intent of the stricken provision.
XXVI. ATTORNEYS FEES AND COSTS
The County and Consultant agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be
entitled to reasonable attorney's fees and court costs as an award against the non-
prevailing party, and shall include attorney's fees and court costs in appellate
proceedings. Mediation proceedings initiated and conducted pursuant to this
Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual
and customary procedures required by the circuit court of Monroe County.
XXVII. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Contract shall bind and inure
to the benefit of the County and Consultant and their respective legal
representatives, successors, and assigns.
XXVIII. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Contract have been duly authorized by all necessary County
action and by action of the Consultant, as required by law.
XXIX. COOPERATION
In the event any administrative or legal proceeding is instituted against either party
relating to the formation, execution, performance, or breach of this Contract, County
and Consultant agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related to the
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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 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.
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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:
Insurance
Coverage Type Required Limits Manual
Form
Workers' Compensation Statutory
Employers' Liability $100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, WC1
policy limits
$100,000 Bodily Injury by Disease,
each employee
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Commercial General $1,000,000 GL3
Liability
Vehicle Liability $1,000,000 VL3
Professional Liability $1,000,000 Per Occurrence PR03
$2,000,000 Annual Aggregate
All insurance should be provided by insurance companies that are licensed to do
business in the State of Florida with a minimum A. M. Best Rating of A+. The Monroe
County Board of County Commissioners shall be named as an Additional Insured.
B. GENERAL INSURANCE REQUIREMENTS FOR CONTRACTORS AND
SUBCONTRACTORS:
As a pre-requisite of the work governed, the CONTRACTOR shall obtain, at his/her
own expense, insurance as specified herein, which is made part of this contract. The
CONTRACTOR shall require all subcontractors to obtain insurance consistent with the
requirements specified in this Contract.
The CONTRACTOR will not be permitted to commence work governed by this
contract (including pre-staging of personnel and material) until satisfactory evidence
of the required insurance has been furnished to the COUNTY as specified below, and
where applicable CONTRACTOR shall provide proof of insurance for all approved
subcontractors. Delays in the commencement of work, resulting from the failure of
the CONTRACTOR to provide satisfactory evidence of the required insurance, shall
not extend deadlines specified in this contract and any penalties and failure to
perform assessments shall be imposed as if the work commenced on the specified
date and time, except for the CONTRACTOR'S failure to provide satisfactory evidence.
The CONTRACTOR shall maintain the required insurance throughout the entire term
of this contract and any extensions. Failure to comply with this provision may result
in the immediate suspension of all work until the required insurance has been
reinstated or replaced. Delays in the completion of work resulting from the failure of
the CONTRACTOR to maintain the required insurance shall not extend deadlines
specified in this contract and any penalties and failure to perform assessments shall
be imposed as if the work had not been suspended, except for the CONTRACTOR'S
failure to maintain the required insurance.
The CONTRACTOR shall provide to the COUNTY as satisfactory evidence of the
required insurance, either:
• Certificate of Insurance
or
March 19,2014 Final 030420140 210
Certified copy of the actual insurance policy
The County, at its sole option, has the right to request a certified copy of any or all
insurance policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non-
renewal, material change, or reduction in coverage unless a minimum of thirty (30)
days prior notification is given to the County by the insurer.
The acceptance and/or approval of the CONTRACTOR'S insurance shall not be
construed as relieving the CONTRACTOR from any liability or obligation assumed
under this contract or imposed by law.
The Monroe County Board of County Commissioners, its employees and officials will
be included as "Additional Insured" on all policies, except for Workers'
Compensation.
XXXVIII. ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the County and the
Consultant for the services contemplated herein. Any amendments or revisions to
this agreement must be in writing and be executed in the same manner as this
agreement.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and
date first written above in four (4) counterparts, each of which shall, without proof or
accounting for the other counterparts be deemed an original contract.
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
March 19,2014 Final 030420140 210
(SEAL)
Attest: AMY HEAVILIN, CLERK OF COURT BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLOIDA
By: By:
Deputy Clerk Mayor
M.T. CAUSLEY, INC.
WITNESS By:
Michael T. Causley
Title: President
WITNESS
STATE OF
COUNTY OF
On this_day of 2013, before me appeared Michael T. Causley, President of
M.T. Causley, Inc. the person whose name is subscribed above, and who produced
as identification, or is personally known to me, and acknowledged that he is the person
who executed the above Contract for the purposes therein contained.
Notary Public
Print Name
My commission expires: Seal
M M N P C UN Y ATTORNEY
11ME
ON COUNILY ATTOPNEY
S
A VED AS TO RM
March 19, 2014 Final 030420140 210 Date:
ONROE COUNTY,FLORIDA March 1 ,201
Exhibit A to Contract MT Causiey Inc
EXHIBIT "A"
SCOPE OF SERVICES
A. BUILDING DEPARTMENT PLAN REVIEW AND INSPECTIONS (BUILDING/ELECTRIC/PLUMBING/
MECHANICAL):
Consultant shall conduct building, plumbing, mechanical, electrical and flood inspections, and plan
review, as requested by County. Permit intake and issuance services may also be provided and
requested. 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
Zoning plan review shall be provided by Consultant to the Planning & Environmental Resources
Department in the Growth Management Division. Biological review may be provided and
subcontracted. 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.
Page 1 of 5
MONROE COUNTY,FLORIDA March 19,2014
Exhibit A to Contract MT Causley Inc
2. Florida State Certified Fire Safety Inspector I or II.
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
Page 2 of 5
OROE COUNTY,FLORIDA March 1 ,214
Exhibit A to Contract MT Causley Inc
recommendations and observations that support the Consultant's recommendations and
conclusions regarding each building inspection and plan review.
8. Field inspections must be completed within response time of twenty-four hours of request, the
same or next business day, depending on when the call for inspection is received by the County
excluding weekends and County Holidays.
9. The Consultant guarantees that no work shall be performed on private sites within the County other
than assigned by the County, whether or not there is any remuneration to Consultant or
Consultant's employees, whether employed by Consultant or acting as individuals, during the entire
term of this agreement. In addition, the Consultant shall not have any direct or indirect
relationships, business or otherwise, with any entity having an interest in any project(s) being
reviewed or inspected on behalf of the County. It shall be the responsibility of the Consultant to
inform the County and refrain from performing services on such jobs. (See Contract for exceptions
in Paragraph XVIII.)
10. The Consultant shall not perform work of any kind or description within unincorporated 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.
12. Tasks will be assigned by task number and given to the Consultant and to Consultant's employee on
site. If Consultant directs its staff member to proceed with the task, Consultant shall communicate
that decision to the relevant County staff.
E. DESCRIPTION OF SERVICES
1. Building, Permitting and Inspection Department Services (under supervision of the Building Official)
a) The Consultant is to perform building, plumbing, mechanical and electrical inspections and plan
review. Work to include inspections and plan review for single and multi-family residential,
commercial, office or industrial projects for compliance with the technical codes applicable to
the project.
b) Plan review must be conducted at the relevant County offices in Key Largo, Marathon and/or
Stock Island to ensure access to permit files and plans.
c) The County Building Official will oversee the duties performed by the consultant's staff as
required by F.S. 468. The Consultant's staff must be available to work up to 40 hours per week
as well as some evening and weekend hours depending on the workload.
Page 3 of 5
MONROE COUNTY,FLORIDA March 1 ,201
Exhibit A to Contract MT Causley Inc
2. Planning& Environmental Resources Department (under supervision of the Senior Director,
Planning and Environmental Resources)
a) The Consultant is to review site plans for residential, commercial, office, or industrial
development, sign and fence permits for compliance with County land use standards contained
in the Land Development Code, as well as application and site plan review for compliance with
the Land Development Code.
b) Plan review must be conducted at the relevant County offices in Key Largo, Marathon and/or
Stock Island to ensure access to permit files, plans, maps and human resources when needed.
c) County staff will advise and direct Consultant's staff concerning work approved under the task
order. The Consultant's staff must be available to work between up to 40 hours per week as
well as some evening and weekend hours depending on the workload.
3. Fire Prevention Services (under supervision of the Fire Marshal)
a) The Consultant is to perform fire prevention inspections and plan review. Work to include
inspections and plan review for single and multi-family residential, commercial, office or
industrial projects for compliance with the 2010 Florida Fire Prevention Code (and related
successors) and other codes as adopted by the State of Florida (by F.S. 633 and F.A.C. 69-A).
b) Plan review must be conducted at the relevant County offices to ensure access to permit files
and plans.
c) Consultant's staff must be available to work between up to 40 hours per week as well as some
evening and weekend hours depending on the workload.
d) Inspectors and plan reviewers must be Florida State Certified Fire Protection Engineers
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
MONROE COUNTY,FLORIDA March 19,201
Exhibit A to Contract MT Causley Inc
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 If If
M.T.
CAUSUEY, INC.
BUILDING & GOVERNMENT
PANT SERVICES
FebruaryProfessional Support Services
for Monroe County
1
—M
SERVICE STANDARD BEYOND 5 PM
HOURLY RATE AND SATURDAYS*
..nnnnnnnnnnnnnn....nnn... nnnnnn....nnn...
Inspectors- Building, Mechanical, Electrical, $65.00 $97.50er hour
and Plumbing 4/hr minimum in Upper 2/hr minimum in the
Monroe County and 8/hr upper Monroe County
minimum in the middle and4/hr minimum in
and lower Monroe the middle and lower
County Monroe County
nnnnnnnunnnnnnnnnnnnnnnn nnnimninuwmiwnnnmm�ninnni�rwnnnnnnnnnini irennnnnnmm�iwv�nnnnnnnnmmmmnunnmm�nnnnnnnnnnnnn nnnnnnnnnimm�innnnnnnn mnnnnnnnnninmmmm�nnnnnnnnwwuxmnnnnnnninnnnmnnniwnnnnnnnuuwxnnnnnwunnnnnnnnni
noon non
Plans Examiner- Building, Mechanical, $70.00 per hour $105.00 per hour
Electrical, and Plumbing 4/hr minimum in Upper 2 minimum in the
Monroe County and 8/hr upper Monroe County
minimum in the middle and 4/hr minimum in
and lower Monroe the middle and lower
Countv Monroe Count
Building ficil $72.50 per hour $108.75 per hour
4/hr minimum in Upper 2/hr minimum in the
Monroe County and 8/hr upper Monroe County
minimum in the middle and 4/hr minimum in
and lower Monroe the middle and lower
Coun Monroe Count
uu non nnnuni
Page 1 of 3
EXHIBIT fl 11
Monroe County February 14, 2014
n u mminlm�mllmnlnurmrmmnnnnlmrll Inm�,wmulmwwati mn Imrmnrrtrtnn
Fire Plans Examiners $70.00 per hour $105.00 per hour
4 minimum in Upper 2/hr minimum in the
Monroe County and 8/hr upper Monroe County
minimum in the middle and minimum in
and lower Monroe the middle and lower
County Monroe County
qW I I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Fire Inspectors $65.00 per hour $97.50 per hour
4/hr minimum in Upper 2/hr minimum in the
Monroe County and 8/hr upper Monroe County
minimum in the middle and 4/hr minimum in
and lower Monroe the middle and lower
NIIIIIIWOIIU County IIIIIII IllllllllllllllllllllllllllllnonZoe County
Customer Service/Permit Clerks $38 per hour 57.00 per hour
4/hr minimum in Upper 2/hr minimum in the
Monroe County and 8/ r upper Monroe County
minimum in the middle and4/hr minimum in
and lower Monroe the middle and
UUlower
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIUIUWIIIIWOInN �W,N ................... COlint IIIIIInIIIIIMIIIIIIIIIIIIIIIIIIIIIIIIIII M®�II�II®III�IIIIIIIIIIIIIIIIIIIOIIIIIIIIpIII�IIIIIIfAIMAfinflNmIIIIIIIIIIIIIIIIIII
Architects and Engineer Services $135 per o 270 per hour
Mechanical, Electrical, Plumbing and4/hr minimum in Upper 2/hr minimum in the
Structural Monroe County and 8 upper Monroe County
minimum in the middle and4/hr minimum in
and lower Monroe the middle®/a-yn lower
M1IMnIWNNnII IIIIIIIIINrinIIIIInY�IININnIIIIIIINflnlll%MAnCnll®unty Illllllllllllllllllllllllllllllllnllllllllmllllllllllllllnlllllllllllnlll II Monroe V ountlllllllllllllllllllllllllllllll
Biologist $137.50 per hour 4/hr $206.25 per hour
(when available) minimum in Upper 2/hr minimum in the
Monroe County and 8/hr upper Monroe County
minimum in the middle and4/hr minimum in
and lower Monroe the middle and lower
Co Monroe Count
III�IIIIfiNllNfnflNIIIIIrvpPn'WPoWmmmlmllllwllnlnllllllllllllllllllllllllllllllllwlmMlWmmllww III Illlllllllllllnllllllllllmlllllllllllllnlnnlllllmllnll IIInIIIWMMIINAIIWIIIIIINAnllllllllllnllnlllmlll IIIIIInwIIIIIIIIIAMAnllllllllllllllllllllnlllllllllllllll IIWIIIIII Inl.............................IIII IIIIII
Planner $192.50 per hour 4/hr $288.75 per hour
(when available) minimum in Upper 2/hr minimum in the
Monroe County and 8/hr upper Monroe County
minimum in the middle and 4/hr minimum in
and lower Monroe the middle and lower
Coun Monroe Count
II IIIIIIIIIIII
Zoning Technician $192.50 per hour 4/hr $288.75 per hour
(when available) minimum in Upper 2/hr minimum in the
Monroe County and 8/hr upper Monroe County
minimum in the middle and 4/hr minimum in
and lower Monroe the middle and lower
Coun Monroe Count
Page 2 of 3
EXHIBIT "B"
Monroe County February 14, 2014
*Services requested for US Federal Recognized Holidays and Sundays will be provided at 2
times the standard hourly rate with 2/hr minimum in the upper Monroe County and 4/hr
minimum in the middle and Monroe County.
Page 3 of 3
EXHIBIT 11 11
Page 1 of
M.T. CAUSLEY ENC.
— BUILDING
Homestead,DEPARTMENT SERVICES
97 NE 15th Street
I I
Invoince 211512014 02=1 4-100
Bill TO
ProjectCounty
Date I t a
BUILDING I
MONROE COUNTY FOR THE FEBRUARY
1-152014
2/3/2014 Electrical I Inspector
214/2014 ElectricalI n Inspector
2/6/2014 Electrical Inspection Inspector
2/7/2014 ElectricalIn Inspector
2/10/2014 ElectricalIn Inspector X 3 65.00 195.00
2/13=14 Electrical " Inspector
2/14/2014 Electrical Inspection Inspector X 2 65.00 130.00
INSPECTOR X, ELECTRICAL
INSPECTION: 1
2/3/2014 Plumbing IReview Inspector
2/5/2014 PlumbingI i Inspector
2/6/2014 PlumbingPlans i Inspector ,
1 Plumbing I Inspector
2/11/2014 Plumbingf i Inspector
2/12/2014 PlumbingI i Inspector
/1 Plumbing InspectDr Y 2 7 .
PLUMBINGREVIEW:
2/3/2014 PermitI i s
2/4/2014 PermitI i
Permit2/5/2014 I
2/612014 PermitI r '
217/2014 Permit
2/10/2014 Permit Clark Permit
2/11/2014 PermitI i
Total
. ti r .com Fax (305) 242-3716
Page 1
EXHIBIT tt n
Page 2 f
BUILDING&GMRN MENIT
97 NE DEPARTMENT SERVICES
Homestead, I ri
I I
Invoice 211612014 0214-100
Bill T
ProjectMonroe County
ect
Date i -4t
T12/2-014 Permit Clerk PermitT
2/13/2014 Permit ClarkPermit
2/14/2014 Permitl i T
TECH:PERMIT TECH Z, PERMIT
HOURS $2,880.00
Total $6,990.0
t i t .com Fax (305) 242-3716
EXHIBIT 11 ff
Page 3 of 3
T R U 071 N i P M 0-rl
TESTINQ CQNSULTINCI
County Inspector's Daily Activity Report Monroe
Inspector Trade Date
Time in the officeit li inspections:
Time in the officei ic and discuss inspections:
Total time
Plan Review, I=inspection, F= Field Consultation, L=Occupational License,
Meeting, =Stop Work, 0=Other,A=Approved, R=Rejected
EXHIBIT "D"
ACKNOWLEDGMENT
I am an employee with M.T. Causley, Inc.When assigned to work in Monroe County at the
Monroe County Building Department, Planning Department, or Fire Department,according
to a contract between M.T. Causley and Monroe County, I acknowledge that I am not an
employee of Monroe County and am not entitled to any benefits from Monroe County.
Compensation will be provided by M.T.Causley, Inc. and Monroe County is not responsible
for paying me for my work.
I will comply with the personnel policies of M.T. Causley, Inc. and will not engage in conduct
that is prohibited according to Attachment 1, Prohibited Conduct,which has been provided to
me.
Signature
Print Name
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 polo contenders 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.
EXHIBIT "Ell
Page I of
Work Policies and Regulations
CARE OF EQUIPMENT AND FACILITIES
Employees should be concerned with the care and safe use of company-owned equipment
and facilities. Employees are expected to follow all operating ctions, safety
standards and guidelines. Good housekeepingis expected of every employee.
If any equipment, machines, tools, vehicles, telephones, etc. appear to be damaged,
defective,or in need of repair, notify the management immediately. Prompt reporting of
damages, defects, and the need for repairs could prevent deterioration of equipment and
possible injury to employees and others.
Unsafe, destructive, careless, negligent, or improper use or operation of equipment or
vehicles may result in disciplinary action, up to and including termination of
employment.
PERSONAL APPEARANCE/CLOTHING
Personal appearance, proper hygiene and appropriate attire are important to our work
practices. Our customers gauge the quality of our company by the attention we show to
personal appearance and attire.
Each employee personally represents the company and is required to dress in an
appropriate manner. Every employee of M.T. Causley, Inc. contributes to the company's
overall public image during workhours. Appropriate attire enhances the employee's
effectiveness in providing superior service.
Employees are expected to report to work wearing clean clothing. A neat, well-groomed
appearance is important to the employee,their fellow workers and to our customers.
e company does not object to employees having reasonably long hair if it is groomed.
Nor does it object to mustachesand/or beards if they are kept trimmed o not hinder
e employee's performance or safety on the job.
r 2003 MT. Causkr,Inc. 30
EXHIBIT "Ell
Page 2 of 6
SMOKING POLICY
M.T. Causley, Inc. is dedicated to providing a healthy, comfortable, productive work
environment for our employees as well as a healthy, comfortable environment for our
customers. This goal can only be achieved through ongoing efforts to protect non-
smokers and to help employees adjust to restrictions on smoking. Therefore, smoking is
prohibited throughout company facilities,except in designated smoking areas.
The success of this policy will depend upon the thoughtfulness, consideration and
cooperation of smokers and non-smokers. All employees share in the responsibility of
adhering to and enforcing this policy. Any conflict should be brought to the attention of
the management.
PERSONAL BELONGINGS
M.T. Causley, Inc. recognizes an employee's desire to display mementos pertaining to
his/her family or other personal items. While M.T. Causley, Inc. can take no
responsibility for the safekeeping of these items, it welcomes its employees to
personalize their work areas for added comfort or pleasantness. However, several
guidelines must be observed. They are as follows:
• Safety Comes First - No object can interfere with job
safety as viewed by company management;
• Nothing can be displayed that (in the opinion of
management) is derogatory to any person or system of
beliefs;
• Objects that (in the opinion of management) are
inappropriate or hinder work efforts will not be allowed
and must be removed upon request.
SAFETY EQUIPMENT
Employees will be provided with safety equipment if it is a requirement for a particular
job. This equipment will be signed for by the employee and replaced at the employee's
expense if the equipment is lost,damaged,or stolen. Replacement will be provided if the
equipment is shown to be defective.
PERSONAL EQUWMENT/TOOLS
Employees who work in certain positions are required to provide their own equipment
and/or tools to perform job assignments. Management will advise employees of the
equipment or tools required and will make sure that each employee obtains the required
equipment. The company discourages employees from lending or borrowing equipment
or tools.
Q 2003 M.T. Causley,Inc. 31
EXHIBIT "Ell
Page 3 of 6
COMPANY EQUIPMENT/TOOLS
The company will furnish all necessary equipment and tools to complete job assignments.
Each employee is reminded that all items purchased by the company are the property of
M.T. Causley, Inc. and represent a very valuable asset of the company. It is the
responsibility of the employee to whom equipment and tools are assigned to maintain and
safeguard these assets as if they were his/her personal property.
An inventory of equipment and tools will be made periodically. If it is determined that
an employee is negligent in the proper storage of equipment,materials,tools,or supplies,
or they are misplaced or stolen, the employee will be asked to replace the same at fair
market value,or the cost of the item will be deducted from the employee's pay check.
When leaving a job site or a work area, it is required that all equipment and tools be
removed from the work area and secured in a safe location.
SOLICITATION AND/OR DISTRIBUTION
To prevent disruption of business activities, to minimize distractions for all employees,
and to preserve company security, solicitation and/or distribution of literature, materials,
goods, contest promotions, requests for donations, or any other solicitation and/or
distribution is prohibited during working time or in work areas.
SECURITY
All doors, files, desks, gates, and any other equipment with locks must be kept locked
securely when not in direct use and at the end of each day. Locks should be checked
regularly. Company vehicles should be kept locked at all times when not in use. Lost
keys must be reported to the Office immediately. Any concerns about security should be
directed to management.
OUTSIDE EMPLOYMENT
M.T. Causley, Inc. makes every effort to keep its employees as fully employed as
possible and at a good rate of pay. When an employee is on the job, this means that
100%of his/her effort is required. If an employee chooses to work outside of his/her job
and the outside employment competes with what is expected of him/her as an employee
of M.T. Causley, Inc. opportunities for promotion and advancement with M.T. Causley,
Inc. may be limited by his/her decision.
If management feels that outside employment prevents an employee from fulfilling
his/her obligation to the company, the employee will be asked to resign from M.T.
Causley,Inc.or to leave his/her outside employment.
0 2003 M.T. CausleT,Inc. 32
EXHIBIT "Ell
Page of 6
All management and supervisory erso el are expected to enforce this policy and, by
example,refrain from conflicting tsi employment.
COMMUNICATION SYSTEMS
e following procedures apply concerning . . Causley, Inc. communications:
• Company communications equipment is the sole property
of M.T. Causley,Inc;
• Communications equipment and services include
facsimiles, telephone systems, radio systems, computers,
pagers and cell hones;
• -line services may be accessed only by employees
specifically authorize . . Causley,Inc;
• Employee's on-line use should be limited to work related
activities.
Employees should not use M.T. Causley, Inc.'s communication services and equipment
for personal use except in emergencies or when circumstances warrant it. When personal
use is unavoidable, employees must properly log any user charges and reimburse the
company for theM.T. Causley, Inc.'s communications property or equipment may not
e removed from the premises without written authorization from a et.
Improper use of M.T. Causley, Inc.'s communications services and equipment includes
any misuse as described in this policy as well as any harassing, offensive, demeaning,
insulting, of , intimidating, or sexually suggestive itte , recorded, or
electronically s i messages.
PERSONAL MAIL AT THE WORK PLACE
The ail system is reservedfor business purposes only. Employees will not be allowed
to send or receive personal mail at the workplace.
NEXTEL AND RADIO COMMUNICATIONS
Employees must use proper procedure and appropriate language when using the company
extel'sand/or radio communications. Company policy mandates that when using the
phone, while driving,for business or personal calls,you MUST pull over and stop before
accepting any phone calls.
2003 T. Causley,Inc. 33
EXHIBIT "Ell
Page 5 of 6
ALCOHOL
Consumption of, possession of, or being under the influence of alcoholic beverages on
company property, in the Office, or in any vehicle used for company business, is strictly
prohibited. Any employee who violates this policy will be subject to disciplinary action
including immediate termination of employment. Any employee who reports to work or
who is at work is subject to blood/alcohol testing to determine the presence of alcohol in
the body.
DRUGS
The company has in place a substance abuse policy which incorporates the provisions of
the Drug-Free Workplace Act of 1988. All employees must abide by all of the terms and
conditions of this policy while employed by M.T. Causley,Inc. In this regard,employees
are required to read the policy and sign a statement acknowledging their understanding of
the policy and intent to follow the policy. Any employee who reports for work or who is
at work is subject to chemical screening and/or blood/alcohol testing to determine the
presence of unauthorized drugs in the body. The Drug-Free Workplace Policy is filly
described in a separate handbook provided in each employee's New Hire Package.
POLICY ON HARASSMENT
Consistent with our policy of equal employment opportunity, harassment in the
workplace based on a person's race, sex, religion, national origin, age, height, weight,
marital status, or disability, will not be tolerated concerning employees or applicants for
employment.
One aspect of our policy requiring some clarification is the prohibition of any form of
sexual harassment in the workplace. The following paragraphs describe the type of
conduct that is prohibited as well as the complaint provisions to investigate and remedy
any problems that may arise.
Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and
other verbal,visual or physical conduct of a sexual nature. No employee shall threaten or
insinuate, either explicitly or implicitly, that another employee's or applicant's refusal to
submit to sexual advances will adversely affect that person's employment, work status
evaluation, wages, advancement, assigned duties, or any other condition of employment
or career development. Similarly, no employee shall promise, imply, or grant any
preferential treatment in connection with another employee or applicant engaging in
sexual conduct.
Cd 2003 M.T. Causley,hic. 34
EXHIBIT "Ell
Page 6 of 6
Sexual harassment also includes unwelcome sexual flirtations, advances or propositions,
verbal abuse of a sexual nature, subtle pressure or requests for sexual activities,
unnecessary touching of an individual, graphic or verbal commentaries about an
individual's body, sexually degrading words used to describe an individual, a display of
sexually suggestive objects or pictures in the workplace, sexually explicit or offensive
jokes,or physical assault.
Any employee who feels that he/she is a victim of sexual harassment, including but not
limited to, any of the conduct listed previously, by any supervisor, management official,
other employee, customer, client or any other person in connections with employment at
M.T. Causley, Inc. should bring the matter to the immediate attention of the
President/Owner.
If that would prove to be uncomfortable, an employee may directly contact any other
member of management. Every effort will be made to promptly investigate all
allegations of harassment in as confidential a manner as possible and appropriate
corrective action taken if warranted.
After an investigation,any employee determined to have engaged in sexual harassment in
violation of this policy will be subject to appropriate disciplinary action up to and
including termination of employment.
0 2003 MT. Causley,Inc. 35
EXHIBIT "F"
Prohibited Conduct
A. Willful or repeated violations of County, State or Federal law or of these policies and
procedures.
B. Insubordination- Refusal to respond to authority's reasonable request(s) or instruction.
C. 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.