Item J14 J.14
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County of Monroe
�y,4 ' ?, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 `_ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys ��� � � Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
January 20, 2021
Agenda Item Number: J.14
Agenda Item Summary #7701
BULK ITEM: Yes DEPARTMENT: Building
TIME APPROXIMATE: STAFF CONTACT: Ed Koconis (305) 453-8727
N/A
AGENDA ITEM WORDING: Approval of Waiver of Purchasing Policy Chapter 2.(F.)(1.)
Competitive Bid Process Requirement for Awards of Agreements in Excess of $49,999.99 and
Approval of a Sole Source Agreement for Professional Services Between All Aspects Inspection
Services and Monroe County, Florida, for Alternative Inspection Services for a Term of One Year
and in an Amount of Up to $50,000.00
ITEM BACKGROUND:
Monroe County strives in serving its population with excellent services. Included is the daily
performance of all requested inspections related to building/development permits. On occasion the
number of requested inspections may be of a volume high enough that Monroe County staff cannot
accomplish all requests and/or may justify the requirement of overtime for the inspection personnel.
Alternative inspection services would provide the County with another solution to ensuring the
continued high level of inspection services provided to the public. The proposed contract with All
Aspects Inspection Services, LLC, would serve to assist in the continuation of providing excellent
inspection services to the public at times deemed necessary by the Monroe County Building Official.
The proposed sole source contract is for a term of one year with compensation of up to $50,000.00.
Approval of a waiver of Purchasing Policy Chapter 2.(F.)(1.)'s competitive bid process requirement
for agreements in excess of$49,999.99 is necessitated on the basis that the subject agreement is one
penny over said $49,999.99 amount.
PREVIOUS RELEVANT BOCC ACTION:
None
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
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J.14
Contract and Scope of Services 010821 - Inspection Services
Building Department Basis for Sole Source Request
FINANCIAL IMPACT:
Effective Date: January 20, 2021
Expiration Date: January 31, 2022
Total Dollar Value of Contract: Not to Exceed $50,000.00
Total Cost to County: Not to Exceed $50,000.00
Current Year Portion: Not to Exceed$50,000.00
Budgeted: No
Source of Funds: Fund 180
CPI: N/A
Indirect Costs: None
Estimated Ongoing Costs Not Included in above dollar amounts: None
Revenue Producing: No If yes, amount:
Grant: No
County Match: N/A
Insurance Required: Yes
Additional Details: Funding expected from unused salaries due to position vacancies.
N/A
REVIEWED BY:
Rick Griffin Completed 01/05/2021 12:07 PM
Assistant County Administrator Christine Hurley Completed
01/05/2021 3:01 PM
Peter Morris Completed 01/05/2021 3:14 PM
Purchasing Completed 01/05/2021 3:16 PM
Budget and Finance Completed 01/05/2021 3:24 PM
Maria Slavik Completed 01/05/2021 3:29 PM
Ed Koconis Completed 01/05/2021 3:41 PM
Liz Yongue Completed 01/05/2021 3:52 PM
Board of County Commissioners Pending 01/20/2021 9:00 AM
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J.14.a
AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN ALL ASPECTS
INSPECTION SERVICES AND MONROE COUNTY, FLORIDA, FOR ALTERNATIVE
INSPECTION SERVICES a
THIS AGREEMENT hereinafter("Agreement" or"Contract") is made and entered into
this day of 20 between the Monroe County Board of County r_
Commissioners (hereinafter"BOCC", "Board", "Monroe County", or the "County") and All
Aspects Inspection Services LLC, a Florida-incorporated and registered for-profit business
organization (hereinafter"CONTRACTOR").
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WITNESSETH:
WHEREAS, Monroe County has certain objectives as directed and established by the
BOCC, and which are consistent with, and supportive of the Florida Building Code, the Monroe
County Code(s), and all other applicable federal, state, and local laws and regulations governing
work performed under this Agreement; and
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WHEREAS, it has been determined that it is in the best interest of the residents of the 2
County that a contract for alternative inspection services (hereinafter"Service", or the "service",
"service(s)", or the"work")be entered into with a private provider of such service(s); and
WHEREAS, the Contractor specified herein mutually desires to provide such service(s); T
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained herein,
the parties have entered into this Agreement as follows:
Article 1.1.0 Representations and Warranties and Term of Contract )
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By executing this Contract, the CONTRACTOR makes the following express representations and u
warranties to the COUNTY:
1.1.1 The CONTRACTOR shall maintain all necessary licenses,permits, or other authorizations
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necessary to act as CONTRACTOR for the COUNTY until the CONTRACTOR'S duties
hereunder have been fully satisfied. y
1.1.2 The CONTRACTOR shall prepare all documentation required by this Contract in such a
manner that they will be accurate, coordinated, and adequate for use in verifying work
completed and associated costs and shall be in conformity and comply with all applicable 0
law, codes, and regulations. The CONTRACTOR warrants that the documents prepared as
part of this Contract will be adequate and sufficient to document costs in a manner that is U
acceptable for reimbursement by government agencies, therefore eliminating any additional -�
cost due to missing or incorrect information.
1.1.3 The CONTRACTOR assumes full responsibility to the extent allowed by law with regard to 2
his performance and with regard to those directly under his employ or authority. 0
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1.1.4 The CONTRACTOR's services shall be performed expeditiously as will be the
CONTRACTOR's orderly progress of Tasks assigned by the COUNTY. In providing all E
services pursuant to this Contract, the CONTRACTOR shall abide by all statutes,
ordinances, rules and regulations pertaining to, or regulating the provisions, of such services,
including those now in effect and hereafter adopted. Any violation of said statutes,
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ordinances, rules or regulations shall constitute a material breach of this Contract and shall
entitle the COUNTY to terminate this contract immediately upon delivery of written notice
of termination to the CONTRACTOR.
1.1.5 At all times and for all purposes under this Contract the CONTRACTOR is an independent
contractor and is not an employee of the COUNTY. No statement contained in this Contract )
shall be construed so as to find the CONTRACTOR or any of his/her employees,
subcontractors, servants, or agents to be employees of the COUNTY. As an independent
CONTRACTOR the CONTRACTOR shall provide independent, professional judgment and
comply with all federal, state, and local statutes, ordinances, rules and regulations applicable
to the services to be provided. u
1.1.6 The CONTRACTOR shall not discriminate against any person on the basis of race, creed
color, national origin, sex, sexual orientation, age, or any other characteristic or aspect et
which is not job related, in its recruiting, hiring,promoting, terminating, or any other area
affecting employment under this Contract or with the provision of services or goods under
this Contract. a
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1.1.7 The effective date of this Contract shall be the last day on which this Contract is signed by 2
both of the parties.
1.1.8 Term of Agreement. The term of the Agreement shall commence on January 20th 2021,
and end on January 20th, 2022, unless terminated earlier under the terms of the Contract. o
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Article 2.0 Scope of Services. The CONTRACTOR shall do,perform, and carry out in a
professional and proper manner the Scope of Services described below.
2.1.1 A detailed Scone of Services is attached as Exhibit "A." The CONTRACTOR shall be the
exclusive provider of alternative inspection services for the County. r-
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2.1.2 Correction of Errors, Omissions, Deficiencies. The CONTRACTOR shall, without
additional compensation,promptly correct any errors, omissions, deficiencies, or conflicts in the
work product of the CONTRACTOR.
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Article 3.0 Amount of Compensation and Availability of Funds. T-
3.1 The CONTRACTOR shall not charge any fees to any other party or person for any service
rendered under this Agreement including, but not limited to, alternative inspections. In addition,
CONTRACTOR shall not accept any tips or gifts for providing this service.
The County, in consideration of the CONTRACTOR satisfactorily performing and carrying out this 0
Contract and the County's objectives as expressed herein, as to/for providing inspection services, v)
shall pay to the CONTRACTOR the sum of up to $50,000.00 DOLLARS for the term of this
contract, based on a per inspection unit price of$90.00 (i.e., $90.00 per inspection).
This Agreement may be terminated immediately at the option of the Board by written notice of 0
termination delivered to the CONTRACTOR. The Board shall not be obligated to pay for any
services or goods provided by the CONTRACTOR after the CONTRACTOR has received written
notice of termination. Payment under this Agreement is contingent upon an annual appropriation by
the Monroe County Board of County Commissioners.
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3.2 Payment. The County shall pay the CONTRACTOR in current funds for the
CONTRACTOR's performance of authorized work. Payments (as described above)will be made
monthly by the County to the CONTRACTOR. The monthly payments shall be based upon a per
inspection unit rate of$90.00. Conditions for payment are as follows:
(A)At the end of each month, the CONTRACTOR shall provide an invoice acceptable to the
Monroe County Clerk of Court (hereinafter the "Clerk"), along with documentation of
service(s) as described in the attached incorporated Scope of Services. Monthly invoicing
shall be based on the payment provisions outlined herein.
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Consulting, lobbying, travel and lodging are specifically excluded from payment. Payment
shall be made only for services provided (i.e., individual inspections) and there are no et
reimbursable items.
LQ CONTRACTOR's final invoice must be received within sixty (60) days after the termination
or expiration of this contract.
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In addition,the CONTRACTOR shall provide monthly invoicing documentation, as described above. 2
Invoicing shall be made within fifteen (15) calendar days of the end of each month.
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3.3 Local Government Prompt Payment Act. Payment will be made according to the Local
Government Prompt Payment Act. Any request for payment must be in a form satisfactory to the T
Monroe County Clerk of Court. The request must describe in detail the services performed, the
payment amount requested, and supporting documentation.
The CONTRACTOR must furnish to the County the following (prior to the payment of any
invoices, items LA)through ffi)must be provided): v)
LAI List of the CONTRACTOR's officers (e.g. managing members, managers, directors, etc.). u
For each officer please indicate when elected to serve and the length of term of service; if
the CONTRACTOR is a sole proprietorship,provide name of owner(s) and duration of
ownership;
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The CONTRACTOR's Articles of Incorporation and Bylaws;
The CONTRACTOR's Policies and Procedures Manual, which must include hiring policies y
for all staff, drug and alcohol free workplace provisions, and equal employment opportunity
provisions;
LQJ Cooperation with County monitoring visits that the County may request during the
effectiveness of the contract; and c
Other reasonable reports and information related to compliance with applicable laws, 0
contract provisions, and the scope of services that the County may request during the U)
contract year.
3.4 Budget. The CONTRACTOR may not be entitled to receive, and the COUNTY is not 2
obligated to pay, any fees or expenses in excess of the amount budgeted for this Contract in the
County's fiscal year (October 1 - September 30)by the COUNTY's Board of County
Commissioners. The budgeted amount may only be modified by an affirmative act of the
COUNTY's Board of County Commissioners. The COUNTY's performance and obligation to pay E
under this Contract is contingent upon an annual appropriation by the Board of County
Commissioners and the approval of the Board members at the time of Contract initiation.
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Article 4.0 Contractor's License. The CONTRACTOR shall secure, maintain and pay for any
permits and licenses necessary to perform alternative inspections consistent with and in compliance
with Florida Statutes § 553.791. It is the CONTRACTOR's responsibility to maintain all permits
and licenses that may be required.
By signature hereon, the CONTRACTOR 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 CONTRACTOR has, and shall maintain throughout the term of this contract,
appropriate licenses and approvals required to conduct its business, and hereby represents that it
will at all times conduct its business activities in a reputable manner.
Article 5.1.0 Insurance
5.1.1 The CONTRACTOR shall obtain insurance as specified and maintain the required insurance
at all times that this Contract is in effect. In the event the completion of authorized work is delayed
or suspended as a result of the CONTRACTOR's failure to purchase or maintain the required E
insurance, the CONTRACTOR shall indemnify the County from any and all increased expenses
resulting from such delay.
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5.1.2 Failure to maintain coverage shall be considered a valid reason for the County to terminate
this Contract. T
5.1.3 The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this Contract.
5.1.4 Delays in the commencement or completion of work, resulting from the failure of the )
CONTRACTOR to provide satisfactory evidence of the insurance required under this Contract,
shall not extend deadlines or other requirements specified in this Contract, and any penalties and
failure to perform assessments as required herein shall be imposed as if the work commenced on the
specified date and time.
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5.1.5 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.
5.1.6 The Monroe County Board of County Commissioners shall be named as Additional Insured
and as a Loss Payee on all of the CONTRACTOR's insurance policies issued to satisfy this 0
Contract's requirements, except for Workers' Compensation. 0
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5.1.7 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. 2
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5.2.0 General Liability Insurance
5.2.1 As a pre-requisite of the work governed, or other goods supplied under this Contract, the
CONTRACTOR shall obtain, at his/her/its own expense, insurance as specified in the attached
schedules, which are made part of this Contract. The CONTRACTOR shall require all <
subcontractors to obtain insurance consistent with the attached schedules. The CONTRACTOR
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shall ensure that any and all sub-contractors maintain the same types and amounts of insurance
required of CONTRACTOR. The CONTRACTOR shall be named as an additional insured on all
subcontractors' liability policies. Upon request of County, the CONTRACTOR shall provide such
evidence of insurance required of the subcontractor.
5.2.2 The CONTRACTOR will not be permitted to commence work governed by this Contract
until satisfactory evidence of the insurance required by this Contract has been furnished to the
County as specified herein, and, when requested by the County and/or where otherwise applicable,
the CONTRACTOR shall provide proof of insurance for all approved subcontractors.
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5.2.3 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI
or better, that is licensed to business in the State of Florida and that has an agent for service of
process within the State of Florida. The coverage shall contain an endorsement providing sixty (60)
days' notice to the County prior to any cancellation of said coverage. Said coverage shall be written
by an insurer acceptable to the County and shall be in a form acceptable to the COUNTY.
Prior to the commencement of work governed by this Contract, the CONTRACTOR shall obtain E
and maintain General Liability insurance. Coverage shall be continuously maintained and include, 2
at a minimum:
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Insurance Requirement Required Limits
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Worker's Compensation $100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease,policy limits
$100,000 Bodily Injury by Disease, each employee
General Liability $300,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall o
be:
$200,000 per person
$300,000 per occurrence
$200,000 property damage
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Professional Liability Minimum Limits of$300,000 per Occurrence y
$500,000 Aggregate
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Vehicle Liability $300,000 Combined Single Limit c
If split limits are provided, the minimum limits acceptable shall 0
be: c i
$200,000 per person
$300,000 per occurrence
$200,000 property damage 2
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Monroe County and its Board of County Commissioners shall be named as Additional Insured and
as a Loss Payee on all policies issued to satisfy the above requirements.
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The CONTRACTOR shall maintain the insurance required by this Contract throughout the entire
term of the Contract and any extensions specified in the attached schedules. Failure to comply with
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these provisions may result in the immediate suspension of all work until the required insurance has
been reinstated or replaced.
The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required
insurance, either: U)
• Certificate of Insurance c
or
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• A certified copy of the actual insurance policy.
The CONTRACTOR must provide a certified copy of the/its actual insurance policy or policies —
upon request by the County, notwithstanding that the CONTRACTOR may have already provided a
Certificate of Insurance.
5.2.4 Coverage shall be maintained throughout the entire term of the contract. a
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5.2.5 Coverage shall be provided by a company or companies authorized to transact business in
the state of Florida.
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5.2.6 If the CONTRACTOR has been approved by the Florida Department of Labor as an o
authorized self-insurer, the COUNTY shall recognize and honor the CONTRACTOR'S status. The T
CONTRACTOR may be required to submit a Letter of Authorization issued by the Department of
Labor and a Certificate of Insurance,providing details on the CONTRACTOR'S Excess Insurance
Program.
5.2.7 If the CONTRACTOR participates in a self-insurance fund, a Certificate of Insurance will
be required. In addition, the CONTRACTOR may be required to submit updated financial
statements from the fund upon request from the County.
5.2.8 The CONTRACTOR shall require its subcontractors to be adequately insured at least to the
limits prescribed above, and to any increased limits of the CONTRACTOR if so required by the
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COUNTY during the term of this Contract. The COUNTY will not pay for increased limits of T-
insurance for subcontractors.
5.2.9 The CONTRACTOR shall provide to the COUNTY certificates of insurance and/or a copy
of all insurance policies including those naming the COUNTY as an additional insured and as a loss v-
payee. The COUNTY reserves the right to require a certified copy of such policies upon request.
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Article 6. Staffing. Since this contract is a service agreement, staffing is of paramount importance.
CONTRACTOR shall provide services using the following standards, as a minimum requirement:
LAIThe CONTRACTOR shall provide at its own expense all necessary personnel to provide the 2
services under this Agreement. The personnel shall not be employees of or have any 0
contractual relationship with the County.
All personnel engaged in performing services under this Agreement shall be fully qualified
and, if required, to be authorized or permitted under Federal, State, and local laws to
perform such services. et
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Article 7.0 Indemnification and Hold Harmless.
7.1 The CONTRACTOR covenants and agrees to hold harmless the COUNTY/Monroe County
and Monroe County Board of County Commissioners, and its officers and employees, from
liabilities, damages, losses, and costs, including but not limited to, all fines, suits, claims, demands, U)
actions, costs, obligations, and attorney's fees, or liability of any kind (1) arising out of, related to, r_
or in connection with the negligence, recklessness, or intentional wrongful conduct of the
CONTRACTOR, subcontractor(s), and other persons employed or utilized by the CONTRACTOR
in the performance of the CONTRACT, or (2) arising out of, related to, or in connection with the
willful non-performance of the CONTRACTOR. The CONTRACTOR shall be solely responsible
and answerable for any and all accidents or injuries to persons or property arising out of its
performance of the Contract, including those of any subcontractors. et
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7.2 The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is for the
indemnification provided for above. The extent of liability is in no way limited to, reduced, or
lessened by the insurance requirements contained elsewhere within this Contract. Should any claims
be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans, E
specifications, documentation, inspections or work provided by the CONTRACTOR, the 2
CONTRACTOR agrees and warrants that he shall hold the COUNTY harmless and shall indemnify
him from all losses occurring thereby and shall further defend any claim or action on the
COUNTY's behalf.
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7.3 In the event completion of the work assigned (to include the work of others) is delayed or
suspended as a result of the CONTRACTOR's failure to purchase or maintain the required
insurance, the CONTRACTOR shall indemnify the COUNTY from any and all increased expenses
resulting from such delays. Should any claims be asserted against the COUNTY by virtue of any
deficiencies or ambiguity in the plans, specifications, documentation, inspections or work provided v)
by the CONTRACTOR, the CONTRACTOR agrees and warrants that the CONTRACTOR shall
hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall u
further defend any claims or action on the COUNTY's behalf.
7.4 The CONTRACTOR agrees that no charges or claims for damages shall be made by it for
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any delays or hindrances attributable to the COUNTY, for whatever cause, during the progress of
any portion of the services specified in this Contract. The CONTRACTOR agrees that it shall not be
entitled to damages for delay.
7.5 The CONTRACTOR shall be responsible for the completeness and accuracy of its plans, U)
supporting data, documentation, and inspections or work prepared or compiled under its obligations c
and requirements under this contract, and shall correct at its expense all significant errors or 0
omissions therein which may be disclosed. The cost of the work necessary to correct those errors i)
attributable to the CONTRACTOR and any damage incurred by the COUNTY as a result of
additional costs caused by such errors shall be chargeable to the CONTRACTOR.
7.6 The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere in this Contract.
7.7 This indemnification shall survive the expiration or early termination of the Contract.
Article 8. Facilities and Equipment. The CONTRACTOR hereby accepts the use of any County
facilities or equipment that may be, if properly authorized by the County, made available for use in
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the course of completing the work, in "as is" condition. In addition, any and all supplies and any
and all necessary equipment shall be the sole responsibility of the CONTRACTOR.
Article 9. Contractor's Assumption of Premises and Conditions. The CONTRACTOR hereby
agrees that it has carefully examined the facilities and equipment that may be made available by the
County and has made investigations to fully satisfy itself that such facilities and/or equipment are
suitable for this work and it assumes full responsibility therefor. The provisions of this Agreement
shall control any inconsistent provisions contained in the Scope of Work. The Scope of Work has
been read and carefully considered by the CONTRACTOR, who understands the same and agrees
to their sufficiency for the work to be done. Under no circumstances, conditions, or situations, shall
this Agreement be more strongly construed against the County than against the CONTRACTOR.
Article 10. Breach of Terms by Contractor. The passing, approval, and/or acceptance by the
County of any defect in the services furnished by the CONTRACTOR, shall not operate as a waiver
by the County of strict compliance with the terms of this Agreement, and specifications covering
the services. Any CONTRACTOR's breach of this Agreement shall be governed by the Article
below on termination for cause. E
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Article 11. Termination Without Cause. The County may terminate this Contract without cause
by providing the CONTRACTOR with written notice of termination at least thirty (30) days prior to
the date of termination. Compensation shall be paid to the CONTRACTOR through the end of
provision of County-authorized services or for the thirty (30) days, whichever is shorter. .T
Article 12. Termination with Cause. In addition to all the terms set forth herein, the County may
terminate this Agreement for cause if the CONTRACTOR shall default in the performance of any
of its obligations under this Agreement. Bases for default shall include, but is/are not limited to, the
occurrence of any one of the following events and same is not corrected to the satisfaction of the v)
County within fifteen (15) days after the County provides the CONTRACTOR with written notice
of said default: u
LAIFailure to provide services as described in this Agreement.
Failure to comply with local, state, or federal rules or regulations pertaining to services
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provided.
Breach of any other term, condition, or requirement of this Agreement.
Article 13. Maintenance of Records. The CONTRACTOR shall comply with all public records
and records retention requirements mandated by Section 24, Article I, of the Florida Constitution v)
and Chapter 119, Florida Statutes, and shall maintain and keep all books, documents, and records c
directly pertinent to performance under this Contract as are necessary to document the performance 0
of this Agreement/Contract and expenses as incurred and in accordance with generally accepted U)
accounting principles consistently applied. Records shall be retained for a period of 7 years from the
termination of this Contract or for a period of 3 years from the date of submission of the final
expenditure report in accordance with 2 CFR § 200.333, whichever is greater. The COUNTY shall
have the right to unilaterally cancel this Contract upon violation of this provision by the
CONTRACTOR. Failure of the CONTRACTOR to abide by the terms of this provision shall be
deemed a material breach of this Contract and the COUNTY may enforce the terms of this
provision in the form of a court proceeding and shall, as a prevailing party, be entitled to E
reimbursement of all attorney's fees and costs associated with that proceeding. This provisions shall
survive any termination or expiration of the Contract. Each party to this Contract or its authorized <
representatives shall have reasonable and timely access to such records of each other party to this
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Contract during the term of the Contract and for four years following the termination of this
Contract. If an auditor employed by the COUNTY or Monroe County Clerk of Court determines
that monies paid to the CONTRACTOR pursuant to this Agreement/Contract were spent for
purposes not authorized by this Agreement, or were wrongfully retained by the CONTRACTOR,
the CONTRACTOR shall repay the monies together with interest calculated pursuant to Florida U)
Statute § 55.03, Florida Statutes, running from the date the monies were paid by the COUNTY. r-
Article 14. Public Access and Public Records Compliance. The CONTRACTOR must comply
with all Florida public records laws, including but not limited to Chapter 119, Florida Statutes and
Section 24, Article I, of the Florida Constitution. The COUNTY and the CONTRACTOR shall
allow and permit reasonable access to, and inspection of, all documents, records,papers, letters, or
other"public record" materials in its possession or under its control subject to the provisions of
Chapter 119, Florida Statutes, and made or received by the COUNTY and CONTRACTOR in <
conjunction with and in connection with this Contract and related to Contract performance. The
COUNTY shall have the right to unilaterally cancel this Contract upon violation of this provision by
the CONTRACTOR. Failure of the CONTRACTOR to abide by the terms of this provision shall be
deemed a material breach of this Contract and the COUNTY may enforce the terms of this E
provision in the form of a court proceeding and shall, as a prevailing party, be entitled to 2
reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall
survive any termination or expiration of the Contract.
The CONTRACTOR is encouraged to consult with its advisors about Florida's public records laws T
in order to comply with this provision. Pursuant to Section 119.0701, Florida Statutes, and the terms
and conditions of this contract, the CONTRACTOR is required to:
Keep and maintain public records that would be required by the COUNTY to perform the
service. v)
Upon receipt from the COUNTY's custodian of records, provide the COUNTY with a copy
of the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided in this chapter or as otherwise provided
by law. co
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Ensure that public records that are exempt or confidential and exempt from public records T-
disclosure requirements are not disclosed except as authorized by law for the duration of the
Contract term and following completion of the Contract if the CONTRACTOR does not
transfer the records to the COUNTY.
Upon completion of the Contract, transfer, at no cost, to the COUNTY all public records in 0
possession of the CONTRACTOR or keep and maintain public records that would be 0
required by the COUNTY to perform the service. If the CONTRACTOR transfers all public U
records to the COUNTY upon completion of the contract, the CONTRACTOR shall destroy
any duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the CONTRACTOR keeps and maintains public records upon
completion of the Contract, the CONTRACTOR shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the COUNTY, t�
upon request from the COUNTY's custodian of records, in a format that is compatible with
the information technology systems of the COUNTY. E
A request to inspect or copy public records relating to a COUNTY Contract must be made
directly to the COUNTY, but if the COUNTY does not possess the requested records, the
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COUNTY shall immediately notify the CONTRACTOR of the request, and the
CONTRACTOR must provide the records to the COUNTY or allow the records to be
inspected or copied within a reasonable time.
If the CONTRACTOR does not comply with the COUNTY's request for records, the COUNTY
shall enforce the Contract's maintenance of records and/or public access and public compliance )
provisions, notwithstanding the COUNTY's option and right to unilaterally cancel this Contract
upon violation of said provision(s)by the CONTRACTOR. A CONTRACTOR who fails to provide
the public records to the COUNTY or pursuant to a valid public records request within a reasonable
time may be subject to penalties under Section 119.10, Florida Statutes.
The CONTRACTOR shall not transfer custody, release, alter, destroy or otherwise dispose of any
public records unless or otherwise provided in this provision or as otherwise provided by law. —
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 W
BRADLEY-BRIAN(&,MONROECOUNTY-FL.GOV, MONROE
COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY y
WEST, FL 33040.
Article 15. Compliance with Law. In providing all services pursuant to this Agreement, the
CONTRACTOR 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. v)
Any violation of said statutes, ordinances, rules, and regulations shall constitute a material breach of o
this Agreement and shall entitle the Board to terminate this contract immediately upon delivery of
written notice of termination to the CONTRACTOR. The CONTRACTOR shall possess proper
licenses and certifications to perform work in accordance with these specifications throughout the ;
term of this Agreement.
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Article 16. Disclosure, Conflict of Interest, and Code of Ethics.
The CONTRACTOR represents that it, its directors,principals, officers, and employees �
presently have no interest and shall acquire no interest, either direct or indirect, which would v)
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conflict in any manner with the performance of services required by this Agreement, as c
provided in Section 112.311, et. seq., Florida Statutes.
Upon execution of this Agreement, and thereafter as changes may require, the
CONTRACTOR shall notify the County of any financial interest it may have in any and all
contracts with Monroe County. 2
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County agrees that officers and employees of the County 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 E
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.
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Article 17. Notice Requirements. 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 MONROE COUNTY, FLORIDA:
Monroe County Administrator and Monroe County Assistant and Monroe County Attorney y
1100 Simonton Street County Administrator 1111 12th St. Suite 408
Key West, FL 33040 C/O Christine Hurley Key West, FL 33041
2798 Overseas Hwy.
Marathon, FL 33050
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FOR THE CONTRACTOR:
James C. Reynolds, PE, Manager
All Aspects Inspection Services Authorized Representative E
24478 Overseas Highway 2
Summerland Key, FL 33042
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Article 18. Taxes. The County is exempt from payment of Florida State Sales and Use taxes. The
CONTRACTOR shall not be exempted by virtue of the County's exemption from paying sales tax T
to its suppliers for materials used to fulfill its obligations under this Agreement, nor is the
CONTRACTOR authorized to use the County's Tax Exemption Number in securing such materials.
The CONTRACTOR shall be responsible for any and all taxes, or payments of withholding, related
to services rendered under this Agreement.
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Article 19. Financial Responsibility. The CONTRACTOR shall not pledge the County's credit or o
make it a guarantor of payment or surety for any contract, debt, obligation,judgment, lien, or any u
form of indebtedness. The CONTRACTOR further warrants and represents that it has no obligation
or indebtedness that would impair its ability to fulfill the terms of this Agreement.
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Article 20.1.0 Miscellaneous
20.1.1 Successors and Assigns. The CONTRACTOR shall not assign or subcontract its obligations
under this Contract, except in writing and with the prior express written approval of the
COUNTY and consistent with the Contract, which approval shall be subject to such v)
conditions and provisions as the COUNTY may deem necessary. This paragraph shall be c
incorporated by reference into any assignment or subcontract and any assignee or 0
subcontractor shall comply with all of the provisions of this Contract. Subject to the U)
provisions of the immediately preceding sentence, each party hereto binds itself, its
successors, assigns and legal representatives to the other and to the successors, assigns and
legal representatives of such other party. 2
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20.1.2 No Third-Party Beneficiaries. Nothing contained herein shall create any relationship,
contractual or otherwise, with or any rights in favor of, any third party.
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20.1.3 Termination. In the event the CONTRACTOR shall be found to be negligent in any aspect
of the service or work, the COUNTY shall have the right to terminate the Contract after five
(5) days' written notification to the CONTRACTOR.
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20.1.4 Public Entities Crimes/Convicted Vendor. A person or affiliate who has been placed on
the convicted vendor list following a conviction for public entity crime may not submit a bid
on contracts to provide any goods or services to a public entity, may not submit a bid on a
contract with a public entity for the construction or repair of a public building or public U)
work, may not submit bids on leases of real property to public entity, may not be awarded or r_
perform work as a contractor, 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 of the Florida Statutes, for CATEGORY
TWO for a period of 36 months from the date of being placed on the convicted vendor list.
By signing this Contract, CONTRACTOR represents that the execution of this Contract will
not violate the Public Entity Crimes Act(Section 287.133, Florida Statutes). Violation of <
this section shall result in termination of this Contract and recovery of all monies paid
hereto, and may result in debarment from COUNTY's competitive procurement activities.
In addition to the foregoing, CONTRACTOR further represents that there has been no E
determination, based on an audit, that it or any subcontractor has committed an act defined 2
by Section 287.133, Florida Statutes, as a"public entity crime" and that it has not been
formally charged with committing an act defined as a"public entity crime" regardless of the
amount of money involved or whether CONTRACTOR has been placed on the convicted
vendor list. N
CONTRACTOR will/shall promptly notify the COUNTY if it or any
subcontractor or subconsultant is formally charged with an act defined as
a "public entity crime" or has been placed on the convicted vendor list.
20.1.5 Claims for Federal Aid. CONTRACTOR and COUNTY agree that each shall be, and
is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of
this Contract;provided that all applications, requests, grant proposals, and funding
solicitations shall be approved by each party prior to submission.
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20.1.6 Non-Discrimination. CONTRACTOR and COUNTY agree that there will be no
discrimination against any person, and it is expressly understood that upon a determination
by a court of competent jurisdiction that discrimination has occurred, this Contract .2
automatically terminates without any further action on the part of any party, effective the 0)
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date of the court order. CONTRACTOR or COUNTY agrees to comply with all Federal and -
Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These
include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which U
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
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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
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527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol
and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et
seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing;
9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended
from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe U)
County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, r_
color, sex, religion, national origin, ancestry, sexual orientation, gender identity or
expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal
or state statutes which may apply to the parties to, or the subject matter of, this Contract.
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20.1.7 No Solicitation/Payment. The CONTRACTOR and COUNTY 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 CONTRACTOR agrees that the COUNTY shall have the right E
to terminate this Contract without liability and, at its discretion, to offset from monies owed, 2
or otherwise recover, the full amount of such fee, commission,percentage, gift, or
consideration.
20.1.8 Employees Subject to County Ordinance Nos. 010-1990 and 020-1990. The T
CONTRACTOR warrants that it has not employed, retained or otherwise had act on its
behalf any former COUNTY officer or employee subject to the prohibition of Section 2 of
Ordinance No. 010-1990 or any COUNTY officer or employee in violation of Section 3 of
Ordinance No. 020-1990. For breach or violation of this provision the COUNTY may, in its
discretion, terminate this Contract without liability and may also, in its discretion, deduct v)
from the Contract or purchase price, or otherwise recover the full amount of any fee o
commission,percentage, gift, or consideration paid to the former COUNTY officer or
employee.
20.1.9 Covenant of No Interest. CONTRACTOR and COUNTY covenant that neither presently
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has any interest, and shall not acquire any interest, which would conflict in any manner or
degree with its performance under this Contract, and that only interest of each is to perform
and receive benefits as recited in this Contract.
20.2.0 Federal Contract Requirements. The CONTRACTOR and its subcontractors must follow
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the provisions as set forth in Appendix II to Part 200, as amended, including but not limited to: c
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20.2.1 Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of"federally assisted construction contract" in 41 CFR Part 60-1.3
must include the equal opportunity clause provided under 41 CFR 60-1.4(b).
20.2.2 Davis-Bacon Act, as Amended (40 U.S.C. 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of$2,000 awarded by non-Federal entities
must comply with the Davis-Bacon Act(40 U.S.C. 3141-3144, and 3146-3148) as supplemented by
Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to E
Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute,
contractors must be required to pay wages to laborers and mechanics at a rate not less than the <
prevailing wages specified in a wage determination made by the Secretary of Labor. In addition,
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contractors must be required to pay wages not less than once a week. The COUNTY must place a
copy of the current prevailing wage determination issued by the Department of Labor in each
solicitation. The decision to award a contract or subcontract must be conditioned upon the
acceptance of the wage determination. The COUNTY must report all suspected or reported
violations to the Federal awarding agency. The contractors must also comply with the Copeland U)
"Anti-Kickback" Act(40 U.S.C. 3145), as supplemented by Department of Labor regulations (29
CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole
or in Part by Loans or Grants from the United States"). As required by the Act, each contractor or
subrecipient is prohibited from inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the compensation to which he or she is
otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal
awarding agency. et
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20.2.3 Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708). Where
applicable, all contracts awarded by the COUNTY in excess of$100,000 that involve the
employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented
by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each E
contractor must compute the wages of every mechanic and laborer on the basis of a standard work 2
week of 40 hours. Work in excess of the standard work week is permissible provided that the
worker is compensated at a rate of not less than one and a half times the basic rate of pay for all
hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are
applicable to construction work and provide that no laborer or mechanic must be required to work T
in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These
requirements do not apply to the purchases of supplies or materials or articles ordinarily available
on the open market, or contracts for transportation or transmission of intelligence.
20.2.4 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets )
the definition of"funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient
wishes to enter into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or research
work under that"funding agreement," the recipient or subrecipient must comply with the
requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and
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Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any
implementing regulations issued by the awarding agency.
20.2.5 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see
2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the v)
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System for Award Management(SAM), in accordance with the OMB guidelines at 2 CFR 180 that c
implement Executive Orders 12549 (3 CFR part 1986 Comp.,p. 189) and 12689 (3 CFR part 1989 0
Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties U)
debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under
statutory or regulatory authority other than Executive Order 12549.
20.2.6 Byrd Anti-Lobbying Amendment(31 U.S.C. 1352). Contractors that apply or bid for an
award exceeding $100,000 must file the required certification. Each tier certifies to the tier above
that it will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of Congress, E
officer or employee of Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must
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also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any
Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
20.2.7 Procurement of recovered materials as set forth in 2 CFR § 200.322.
20.2.8 Other Federal Requirements. r_
20.2.9 Americans with Disabilities Act of 1990 (ADA). The CONTRACTOR will comply with y
all the requirements as imposed by the ADA, the regulations of the Federal government issued
thereunder, and the assurance by the CONTRACTOR pursuant thereto.
20.3.0 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the <
COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to
participate in the performance of contracts financed in whole or in part with COUNTY funds under
this Contract. The DBE requirements of applicable federal and state laws and regulations apply to
this Contract. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the
opportunity to participate in the performance of this Contract. In this regard, all recipients and E
contractors shall take all necessary and reasonable steps in accordance with applicable federal and 2
state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform
contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the
basis of race, color, national origin or sex in the award and performance of contracts, entered
pursuant to this Contract. T
20.3.1 The CONTRACTOR shall utilize the U.S. Department of Homeland Security's E-Verify
system to verify the employment eligibility of all new employees hired by the CONTRACTOR
during the term of the Contract and shall expressly require any subcontractors or subconsultants
performing work or providing services pursuant to the Contract to likewise utilize the U.S. v)
Department of Homeland Security's E-Verify system to verify the employment eligibility of all new
employees hired by the subcontractor or subconsultant during the Contract term.
20.3.2 NRCS Regulations. NRCS administers the EWP program through the following authorities:
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• Section 216, Public Law 81-516 (33 U.S.C. Section 701b);
• Section 403 of Title IV of the Agricultural Credit Act of 1978, Public Law 95-334; and
• Section 382, Title III, of the 1996 Farm Bill Public Law 104-127; and
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• Codified rules for administration of the EWP program are set forth in 7 CFR 624. c
20.3.3 The CONTRACTOR, by executing all of the attachments to this Contract, all of which are U
hereby incorporated into this Contract as if fully stated herein, hereby attests that all of his -�
statements and affirmances therein are true and correct based upon his personal knowledge.
Article 21. Non-Waiver of Immunity. Notwithstanding the provisions of Section 768.28, Florida
Statutes, the participation of the CONTRACTOR and the COUNTY 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
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extent of liability coverage, nor shall any contract entered into by the COUNTY be required to
contain any provision for waiver.
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Article 22. Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or employees of
any public agents or employees of the COUNTY, when performing their respective functions under
this Contract within the territorial limits of the COUNTY shall apply to the same degree and extent
to the performance of such functions and duties of such officers, agents, volunteers, or employees
outside the territorial limits of the COUNTY.
Article 23. Legal Obligations and Responsibilities -Non-Delegation of Constitutional or
Statutory Duties. This Contract is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law except to
the extent of actual and timely performance thereof by any participating entity, in which case the et
performance may be offered in satisfaction of the obligation or responsibility. Further, this Contract <
is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or
statutory duties of the COUNTY, except to the extent permitted by the Florida Constitution, state
statute, and case law.
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Article 24. No Personal Liability. No covenant or agreement contained herein shall be deemed to 2
be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or
her individual capacity, and no member, officer, agent or employee of Monroe County shall be
liable personally on this Contract or be subject to any personal liability or accountability by reason
of the execution of this Contract. T
Article 25. 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
CONTRACTOR and the COUNTY agree that neither the CONTRACTOR nor the COUNTY or v)
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 u
benefits under this Contract separate and apart, inferior to, or superior to the community in general
or for the purposes contemplated in this Contract.
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Article 26. 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,
COUNTY and CONTRACT agree that venue shall lie in the 16th Judicial Circuit, Monroe County, U)
Florida, in the appropriate court or before the appropriate administrative body. This Contract shall c
not be subject to arbitration. The construction and interpretation of this Contract and all Monroe 0
County Comprehensive Plan provision(s), Florida Statutes, and Monroe County Code(s)provisions U)
shall be deferred in favor of the County and such construction and interpretation shall be entitled to
great weight in adversarial administrative proceedings, at trial, bankruptcy, and on appeal
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.
Article 27. Attorney's Fees and Costs. The COUNTY and CONTRACTOR agree that in the event
any cause of action or administrative proceeding is initiated or defended by any parry relative to the
enforcement or interpretation of this Contract, the prevailing parry shall be entitled to reasonable <
attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-
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prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket
expenses in appellate proceedings.
Article 28. Adjudication of Disputes or Disagreements. The COUNTY and CONTRACTOR
agree that all disputes and disagreements shall be attempted to be resolved by meet and confer U)
sessions between representatives of each of the parties. If the issue or issues are still not resolved to r_
the satisfaction of the parties, then any parry shall have the right to seek such relief or remedy as
may be provided by this Contract or by Florida law. This provision does not negate or waive the
preceding provisions of this Contract concerning termination or cancellation.
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Article 29. 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 CONTRACTOR agree to participate, to the extent required by the other parry, 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 CONTRACTOR
specifically agree that no party to this Contract shall be required to enter into any arbitration
proceedings related to this Contract. E
Article 30. 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, T)
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 CONTRACTOR 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. v)
Article 31. Attestations and Truth in Negotiation. CONTRACTOR agrees to execute such u
documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an
Ethics Statement, and a Drug-Free Workplace Statement. Signature of this Contract by
CONTRACTOR shall act as the execution of a truth in negotiation certificate stating that wage rates
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and other factual unit costs supporting the compensation pursuant to the Contract are accurate,
complete, and current at the time of contracting. The original contract price and any additions
thereto shall be adjusted to exclude any significant sums by which the agency determines the
contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other
factual unit costs. All such adjustments must be made within one year following the end of the v)
Contract. c
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Article 32. Authorized Signatory. The signatory for the CONTRACTOR, below, certifies and
warrants that:
(A)The CONTRACTOR's name in this Agreement is its full name. 2
(B)He or she is authorized to act and contract on behalf of CONTRACTOR.
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Article 33. Authority. Each parry represents and warrants to the other that the execution, delivery
and performance of this Contract have been duly authorized by all necessary County and corporate E
action, as required by law.
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Article 34.Entire Agreement. This Agreement constitutes the entire Agreement between the
County and the CONTRACTOR 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.
Article 35. Binding Effect. The terms, covenants, conditions, and provisions of this Contract shall
bind and inure to the benefit of the COUNTY and CONTRACTOR and subcontractors and their
respective legal representatives, successors, and assigns. y
Article 36. Section Headings. Section headings have been inserted in this Contract as a matter of
convenience of reference only, and it is agreed that such section headings are not a part of this
Contract and will not be used in the interpretation of any provision of this Contract.
Article 37.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. m
In Witness Whereof, the parties have executed this Contract as indicated below. W
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(SEAL) BOARD OF COUNTY COMMISSIONERS OF y
KEVIN MADOK, CLERK MONROE COUNTY, FLORIDA
As Deputy Clerk Mayor Michelle Coldiron
MONROE COMYTY ATTORNEY L
AFP TO FORM
--
ASSISTANT COUNTY ATTORNEY
Date:_ 1/8/21
By: Signature:
ltness (Print Nam Jam C. Rey olds, E
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By: ono l�a� �ayu�2 Z On beha f of: AlI Aspects Ins -MONROE co_L4TY ATTORNEY
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Witness (Signature) AP- TO FORM
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PETER MORR1
ASSISTANT COUNTY ATTORNEY �
Date:
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[THIS SPACE INTENTIONALLY LEFT BLANK]
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STATE OF Florida
COUNTY OF Monroe
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The foregoing instrument was acknowledged and attested before me this day of
20 I,by y is S , who is personally known to me or produced y
as proof of identification and did take an oath.
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otary Public Seal
MIA
SANTOS
Print Name
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ATTACHMENT A
LOBBYING AND CONFLICT OF INTEREST CLAUSE y
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY,FLORIDA
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ETHICS CLAUSE
GG All Aspects Inspection Services, Inc. N
(Company)
"...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former
County officer or employee in violation of Section 2 of Ordinance No.010-1990 or any County officer
or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this
provision the County may, in its discretion,terminate this Agreement without liability and may also,
in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount
of any fee, commission, percentage, gift, or consideration paid to the former my officer or
employee."
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Ignature) Ln
Date: v,
STATE OF: Florida
COUNTY OF: Monroe
Subscribed and sworn to (or affirmed)before me, by means of physical presence or ❑ online
notarization, on A6 6
(date)by James C. Reyn Ids (name of affiant). He/She is ersonally
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known_to me or has produced (type of identification) as
identification.
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MIA SAN
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NOTARY PUBLIC
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My Commission Expires: *-1
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ATTACHMENT B
NON-COLLUSION AFFIDAVIT
I, James C. Reynolds of the County of Monroe
according to law on my oath, and under penalty of perjury, depose and say that:
I am Managing Partner of the firm of
All Aspects Inspection Services, Inc. the respondent making the Proposal for the
project described in the Notice for Calling for bids for: Alternative Inspection Services
and that I executed the said proposal with full authority to do
SO.
The prices in this bid have been arrived at independently without collusion, consultation,
communication or agreement for the purpose of restricting competition, as to any matter relating to
such prices with any other respondent or with any competitor;
Unless otherwise required by law, the prices which have been quoted in this bid have not been
knowingly disclosed by the respondent and will not knowingly be disclosed by the respondent prior
to bid opening, directly or indirectly, to any other respondent or to any competitor; and
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No attempt has been made or will be made b the respondent to induce any other person,partnership
or corporation to submit, or not to submit, a bid for the purpose of restricting competition; and
The statements contained in this affidavit r rue and correct, and made with full knowledge that
Monroe County relies uporlAhe trot o statements contained in this affidavit in awarding
Agreements for said pr 'ec . a,
(Sign re of 0 (Date)
STATE OF. Florida
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COUNTY OF: Monroe County
PERSONALLY APPEARED BEFORE ME, the undersigned authority, James C. Reynolds
who, after first being sworn by me, Vlame of individual signing) affixed his/her
signature in t s ace provided above on this day of 20_�.
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NO AR LIC
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My Commission Expires:
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ATTACHMENT C
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
All Aspects Inspection Services
(Name of Business)
1. Publishes a statement notifying employees that the unlawful manufacture, distribution,dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the actions
that will be taken against employees for violations of such prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of =
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
assistance programs,and the penalties that may be imposed upon employees for drug abuse violations.
3. Gives each employee engaged in providing the commodities or contractual services that are under
bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection(1),notifies the employees that, as a condition of working W
on the commodities or contractual services that are under bid, the employee will abide by the terms
of the statement and will notify the employer of any conviction of,or plea of guilty or nolo contendere `2
to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United
States or any state, for a violation occurring in the workplace no later than five (5) days after such
conviction.
5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, or any employee who is so
convicted.
6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation 9
of this section.
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As the person authorized to sign the statement, I certi is firm complies fully with the above
requirements.
STATE OF Florida
ignature Respond t
COUNTY OF Monroe m /
Date 0.
PERSONALLY APPEARED BEFORE ME,the undersigned authority, U
James C. Reynolds who,after first being sworn by me,(name of individual signing)affixed C
his/her signature in the space provided above on this
day of 120Z4 ¢-
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/-7 y commission expires: NOTARY PUBLIC F°
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ATTACHMENT D
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a public
entity,may not submit a bid on a contract with a public entity for the construction or repair of a public
building or public work, may not submit bids on leases of real property to public entity, may not be
awarded or perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under a
contract with any public entity, and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months
from the date of being placed on the convicted vendor list." _
I have read the above and state that neither James C. Reynolds (Respondent's name)nor any
Affiliate has been placed on the convicted vendor list within the last 36 months.
cv
(S' ature)
Date: >
STATE OF: Florida
COUNTY OF: Monroe
Subscribed and sworn to (or affirmed) before me, by means of Erphysical presence or ❑ online
notarization, on 6 / (date) by
James C. Reynolds (name of affiant). He/She is personally known to me coCD
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or has produced e of identification) as identification.
Aar
MIA SANTOS
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NO ARY PUBLIC
Iy Commission Expires: 4/11/w
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EXHIBIT "A" SCOPE OF SERVICES
A. INSPECTIONS
CONTRACTOR shall conduct building, plumbing, mechanical, and electrical inspections, as )
requested by County. Services will include inspections for single family and multi-family residential 2
commercial office and/or industrial projects for compliance with the latest Florida Building Code in
effect. Inspections 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). CONTRACTOR must be available to provide services to the County by employees
available during County's business hours.
CONTRACTOR should provide employees who are available to work Lip to 40 hours per work week.
Some evening or weekend hours may be necessary, depending on workload. CONTRACTOR'S
employees should be very detail oriented, have good analytical and reasoning shills, work with
checklists to complete reviews and be able to work independently with minimum supervision.
B. N
GENERAL PROVISIONS
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1. The CONTRACTOR'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. The County
acknowledges that the CONTRACTOR'S Services require decisions, which are based upon laws
and jurisdiction, as well as the highest professional standards and the best exercise of professional
judgment. v)
2. In the performance or furnishing of professional Services hereunder, the CONTRACTOR, and
those it is responsible for, shall exercise the degree of shill and care customarily accepted as prudent
professional practices and procedures by members of the same profession currently practicing Linder
similar conditions in the same locality ("Standard of Care"). Consistent with this Standard of Care,
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the Services shall conform to applicable laws codes, ordinances and regulations of any governmental T_
agency having jurisdiction over the project, at the time Services are rendered. The CONTRACTOR
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 Services.
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3. The CONTRACTOR shall not be required to sign any documents, no matter by who requested,
that would result in the CONTRACTOR having to certify, guaranty, attest, or warrant the existence 0
of conditions whose existence the CONTRACTOR cannot ascertain. Any certification provided by v)
the CONTRACTOR shall be so provided based on the CONTRACTOR'S knowledge, information
and belief subject to the preceding sentence, and shall be given in the CONTRACTOR'S
professional opinion consistent with the Standard of Care.
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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 CONTRACTOR. The
CONTRACTOR'S services Linder 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 CONTRACTOR 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 CONTRACTOR.
Packet Pg. 2103
J.14.a
5. The CONTRACTOR will be responsible for coordination of its work with County officials.
6. The CONTRACTOR at the conclusion of its review of each building permit, shall state in writing on
forms,i provided by the County, whether the construction inspection passed or failed. The Consultant
will specify the legal reasons for a failed inspection, and the necessary remedial actions. The COUNTS
may additionally provide access to CONTRACTOR to the Interactive Voice Response (IVR) system i)
and if provided CONTRACTOR shall utilize IVR and record results avid state in writing the legal
reasons for a failed inspection, and the necessary remedial actions.
7. The CONTRACTOR shall provide to the County clear, specific, and definite written final
N
recommendations and observations that support the CONTRACTOR'S recommendations and
conclusions regarding each building inspection.
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8. Inspections must be completed within response time of twenty-four (24) 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. Any request of CONTRACTOR to perform inspections in the
unincorporated area between the City of Layton and the Monroe—Miami Dade County line shall E
include a minimum of five (5) inspections on that day. 2
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9. The CONTRACTOR 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 CONTRACTOR or
CONTRACTOR'S employees, whether employed by CONTRACTOR or acting as individuals, during .T
the entire term of this Agreement. In addition, the CONTRACTOR shall not have any direct or
indirect relationships, business or otherwise, with any natural person or legal person (entity) having an
interest in any project(s) being inspected on behalf of the County. It shall be the responsibility of the 2
CONTRACTOR to inform the County and refrain from performing services on such jobs.
10. The CONTRACTOR shall not perform work of any bind 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 or violate federal, state, or local ethics
or lobbying laws, rules, or regulations. co
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11. All services shall be compensated at the hourly rates established in accordance with the schedule
attached as Exhibit`B."
12. All tasks to be performed by CONTRACTOR must be authorized by, and will be validly 4-
assigned, by the Monroe County Building Official or his authorized designee(s), by task number, and
given to the CONTRACTOR and to CONTRACTOR'S employee on site. If CONTRACTOR directs 0
its staff member to proceed with the task, CONTRACTOR shall communicate that decision v)
to the relevant County staff.
C. DESCRIPTION OF SERVICES
1. Building.Permitting and Inspection Department Services (under supervision of the Building
Official).
a) The CONTRACTOR is to perform building, plumbing, mechanical and electrical inspections.
Services to include inspections for single and multi-family residential, commercial, office or industrial
projects for compliance with the technical codes applicable to the project.
b) The County Building Official will oversee the duties performed by the CONTRACTOR'S
1 Such forms must first be approved and authorized by the Monroe County Building Official or his authorized designee Packet Pg. 2104
J.14.a
staff as required by federal, Florida, and local law, including but not limited to Florida Statutes
Chapters 468 and 553.The CONTRACTOR'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.
D. SPECIAL CONDITIONS g
1. The County reserves the right to ensure that all persons supplied under this Agreement meet the C
requirements listed below. If at any time they do not meet these requirements the CONTRACTOR c
shall immediately pull the assigned person and/or persons off the job at no cost, expense, or liability to
the County.
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2. Temporary support personnel must be neat and clean experienced workers and drug free.
Temporary support personnel shall be mentally, emotionally, and physically competent to
perform the services required.
3. Temporary support personnel must provide their own transportation to and from thej ob site and they are
responsible for their own parking.
E
4. TheCONTRACTOR must assume the employer/employee relationship. The County shall notbe liable
for any workers' compensation or Title VIIof the Civil Rights Act claim that may arise from the temporary
assignment.
0
5. National Crime In formation Centerbackgrounds 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 CONTRACTOR in theperformance of services pursuant to this Agreement shall
notbe considered employees of the County,shall be independent thereof and shall have no claim against the
County as topension,worker's compensation,unemployment compensation, insurance,salary,wages orother r_
employee rights orprivileges grantedby operation of law orby the County to its officers andemployees. 2
7. The CONTRACTOR agrees to reimburse the County for any improper charges, which can be
documented as a result of the CONTRACTOR'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.
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8. Professional behavior and conduct will be demonstrated by C ONTRACTOR'S employees at all times
while performing work assignments under this Agreement. All employees provided by CONTRACTOR
shall berequired to dress in professional, conservative business-like attire,suitable forpublic exposure.No
jeans,T-shirts,or athletic shoes will be allowed,unless approved by the County Department to which the v)
temporary personnel are assigned. CONTRACTOR mustprovide its employees with suitable safety attire 0
including puncture proof footwear for work assignments conducted in the field. In addition,CONTRACTOR
must provide its employees with all necessary equipment and tools to perform tasks assigned under this U
Agreement. Failure to be adequately prepared forwork assignments may result in rejection of the -�
CONTRACTOR'S employees at no cost to County. Identification cards provided by the County and the
CONTRACTOR mustbe carried by Consultant's employees atall times during the performance of any duties
under this Agreement.
0
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J.14.b
Yongue-Liz
From: Koconis-Ed
Sent: Tuesday, January 12, 2021 12:36 PM
To: Morris-Peter
Subject: FW: Contract requirements and sole source
0
Ed Koconis, AICP
Administrative Director
Monroe County BOCC
102050 Overseas Highway
Key Largo, FL 33037
Office: 305.453.8727
E-mail: Koconis-Ed@MonroeCounty-FL.Gov =
From: Koconis-Ed <Koconis-Ed@MonroeCounty-FL.Gov>
Sent:Tuesday,January 12, 2021 12:36 PM E
To: Koconis-Ed <Koconis-Ed@MonroeCounty-FL.Gov>
Subject: Contract requirements and sole source
I called and spoke with Assistant Building Official Rey Ortiz at approximately 11:00am on January 12, 2021. Mr. Ortiz
Cr
stated that his knowledge of private providers operating in Monroe County results in only the firm All Aspects able to 0)
meet contract requirements including:
Provide inspections for exam/structural, mechanical, electrical, and plumbing; and 0
Provide these for single-family, multi-family, commercial, office, or industrial category inspections; and T
0
Provide inspections in all three sub-areas of the County(upper Keys, Middle Keys, and Lower Keys) on the same day
when requested; and
Provide inspections for up to 40 hours a week,which could include evenings and weekends. y
T
Ed Koconis,AICP
Administrative Director
Monroe County BOCC
102050 Overseas Highway
Key Largo, FL 33037
Office: 305.453.8727
E-mail: Koconis-EdMonroeCounty-FL.Gov
1
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