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HomeMy WebLinkAboutItem J06 J6 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor James K.Scholl,District 3 The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Board of County Commissioners Meeting September 10, 2025 Agenda Item Number: J6 2023-4486 BULK ITEM: Yes DEPARTMENT: Building and Permitting TIME APPROXIMATE: STAFF CONTACT: Ed Koconis N/A AGENDA ITEM WORDING: Approval of a contract between Monroe County and C.A.P. Government, Inc. to provide secondary backup professional support services for plan review, inspection services, and planning/zoning development review beginning September 11, 2025. ITEM BACKGROUND: Following a March 25, 2025 approval to advertise a Request for Proposals (RFP) for a consultant to provide professional support for plan review, Inspections services and planning/zoning development review, on August 20, 2025 the BOCC approved to award a bid and negotiate an agreement with C.A.P. Government, Inc. as secondary backup contractor to M.T. Causley, LLC, the primary contractor. M.T. Causley, LLC was the highest ranked responsible respondent to the RFP, C.A.P. Government, Inc. was the second highest ranked responsible respondent. Additionally the BOCC approved to award a bid and negotiate a separate tertiary backup contract with All Aspects Inspection Service, LLC as the third highest ranked responsible respondent. This contract is with C.A.P. Government, Inc., as secondary backup contractor to M.T. Causley, LLC, the primary contractor. Should the primary contractor be unable to perform any service requested by the County, the County may then request the service from C.A.P. Government, Inc. PREVIOUS RELEVANT BOCC ACTION: March 25, 2025 - Approval to advertise the RFP for consultant to provide professional support for plan review, Inspections services and planning/zoning development review. August 20, 2025 - Approval to award a bid and negotiate a contract with C.A.P. Government, Inc. as secondary/backup to M.T. Causley, LLC INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: 6243 New Contract STAFF RECOMMENDATION: Approval DOCUMENTATION: CONTRACT for CAP 08252025Executed.pdf R-FP—FOR—PRI VAT'S—PROVIDER—FORA S—NEEDED—SUPPORT—SERVICES—with ATT—June-2025.pdf County Forms Monroe County- C.A.P. Government Inc. 06.26.2025.pdf 2025 08 COI CAP Government GL AL WC PL exp 1.1.26 signed.pdf FINANCIAL IMPACT: Source of funds 180-52502-530340 and could also include 148-50500-530340, 148-52000-530340, and 148-14000-530310. 6244 PROFESSIONAL SUPPORT SERVICES FOR PLAN REVIEW, INSPECTION SERVICES AND PLANNING/ZONING DEVELOPMENT REVIEW THIS CONTRACT (Contract or Agreement) is entered into this day of , 20_, by and between the Board of County Commissioners of Monroe County, Florida (hereafter"County"or"Board"), and C.A.P. Government Services, Inc. (hereafter"Consultant"or"Contractor"), and designated as the secondary backup contract for these services. WHEREAS, the County has certain objectives as directed and established by the Board of County Commissioners, and which are consistent with, and supportive of the Florida Building Code, the Monroe County Code of Ordinances, and all other applicable Federal, State and Local Laws governing work performed under this Contract; and WHEREAS, it has been determined that it is in the best interest of the residents of and visitors to the County that a primary 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 (M.T. Causley, LLQ and WHEREAS, it has been determined that it is in the best interest of the residents of and visitors to the County that contract(s) be entered into with backup contractor(s) should the primary contractor be unable to provide services as requested by the County; and WHEREAS, Consultant desires to provide such services as the secondary backup contractor. Consultant will serve as the secondary backup contractor, to provide services if the primary contractor is unable to provide services as requested by the County. 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. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. II. SCOPE OF SERVICES This contract is designated as the secondary backup contract for these services. Should the primary contractor be unable to provide services requested by the County, the County may then contact Consultant in order to request those services be provided by Consultant. :I age I of 34 6245 This may result in individual services being provided by more than one contractor at the same time. A detailed Scope of Services is attached as EXHIBIT"A"SCOPEOFSERVICES. In order to request a service pursuant to this Paragraph and under Exhibit A, Scope of Services, the County will email the Consultant at carlos.a.penin@bureauveritas.com , with a description of the service sought. This is separate from Paragraph XXIII, Notices. Should the Consultant be unable to provide any service as described in Exhibit "A" and requested by the County, the County may obtain coverage for such service from the third backup contractor. Upon the County sending an email requesting services, Consultant shall respond within 48 hours to inform the County whether Consultant is able to provide the service. If Consultant responds that it is unable to provide the requested service,the County may contact the next backup provider to seek their performance of the service. If Consultant does not respond within 48 hours,that shall be considered a denial of the service allowing the County to contact the next backup provider. Consultant shall maintain its status as secondary backup contractor unless this Contract is terminated pursuant to Paragraph XVIII. III. COMPENSATION The County, in consideration of the Consultant substantially and satisfactorily performing and carrying out the objectives of the County in providing professional support services as detailed in the Scope of Services (attached hereto as EXHIBIT "A" SCOPE OF SERVICES), shall pay the Consultant based on invoices submitted by Consultant to the County's Building Department on a monthly basis. Hourly rates will be those on EXHIBIT"B" COST SUMMARY. Invoices must provide sufficient detail and documentation to support the activities and services for the billing period covered by the invoice, including but not limited to the exact dates, hours of service, job classification, and description of work completed for each individual providing service under this Contract. Invoices will be paid in accordance with the Florida Local Government Prompt Payment Act, F.S. 218.70 et seq. Contractor shall submit invoices to the County with supporting documentation that is acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. IV. PAYMENT 1. Payment will be made after services are rendered in accordance with the Local Government Prompt Payment Act. :I age 2 of 34 6246 2. Any request for payment must be submitted by the Consultant as an invoice in a form satisfactory to the County Clerk (Clerk). 3. Invoices must describe in detail the services performed and the payment amount requested. 4. Invoices must be submitted in a timely manner to the office of the Building Official who will review the request and approve for payment if the invoice is deemed to be accurate and complete. If the invoice is not approved, the Consultant will be informed in writing including a detailed explanation of the deficiency that caused the disapproval of the invoice. 5. There are no reimbursable items. 6. After the Clerk of the Board examines and approves the request for payment, the County shall reimburse the Consultant by check. 7. Consultant shall provide all information necessary for the County to facilitate payment. V. RENEWAL The County shall have the option to renew this Contract after the original term, for up to four (4) additional periods of up to two (2)years each at 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 approvals shall be submitted to the County upon request. The Consultant has, and shall maintain throughout the term of this contract, appropriate licenses and approvals required to conduct its business and that it will at all times conduct its business activities in a reputable and professional manner. VII. INDEPENDENT CONTRACTOR At all times and for all purposes, the Consultant, its agents and employees are strictly considered to be Independent Contractors in their performance of the work contemplated hereunder. As such, the Consultant, its agents and employees shall not be entitled to any of the benefits, rights or privileges of County employees. The provider shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. :Iage3 of34 6247 The Consultant shall provide worker's compensation insurance, any benefits as desired, and shall be responsible for all tax withholding. VIII. STAFFING Since this Contract is a service agreement, staffing is of paramount importance. Consultant shall provide services using the following standards, as a minimum requirement: 1. The Consultant shall provide at its own expense all necessary personnel to provide the services under this Contract. The personnel shall not be employees of or have any contractual relationship with the County. 2. All personnel engaged in performing services under this contract shall be fully qualified, and, if required, to be authorized or permitted under State and local law to perform such services, and Consultant shall provide immediate evidence of such authorization or permission upon request by the County. 3. The County shall, at its sole discretion, have the option to reject any individual provided to perform services under this Contract by the Consultant. 4. The Consultant shall require each of its employees to execute an acknowledgement that he/she is not an employee of County and that he/she is an employee of the Consultant and recognizes that no County benefits are available, as attached as EXHIBIT"C" ACKNOWLEDGMENT. 5. The following disciplines shall report to the Department Director or his/her designee for each discipline as follows: a. Planning: Senior Director of Planning & Environmental Resources b. Environmental Resources: Senior Director of Planning & Environmental Resources c. Building: Building Official d. Fire: Fire Marshal (AHJ —Authority Having Jurisdiction) Each of the above-referenced individuals shall have final authority to approve the decisions and work product of Consultant's employees. In addition, each of the above referenced individuals may designate additional function(s) to be performed by the Consultant. IX. INDEMNIFICATION REQUIREMENTS To the fullest extent permitted by law, the Contractor covenants and agrees to defend, indemnify and hold harmless Monroe County Board of County Commissioners, and its elected and appointed officers, officials, agents, servants, employees, etc., from any and all claims, demands, or causes of action for negligence, bodily injury (including death), personal injury, and property damage :I age 4 of 34 6248 (including property owned by Monroe County) and any other losses, liabilities, damages, costs, penalties, and/or expenses (including but not limited to, attorney's fees and costs, such legal expenses to include costs incurred in establishing the indemnification and other rights agreed to in this Agreement, to persons or property) which arise out of and/or, in connection with, this Contract agreement. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. The indemnification obligations under the Contract shall not be restricted in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor under workers' compensation acts, disability benefits acts, or other employee benefits acts, and shall extend to and include any actions brought by or in the name of any employee of the Contractor or of any third party to whom Contractor may subcontract a part or all of the Work. This indemnification shall continue beyond the date of completion of the work. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, nothing herein nor the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government insurance pool coverage shall be deemed a waiver of immunity by the County. 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 disability; 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 :I age 5 of 34 6249 nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Contract. During the performance of this Agreement, the CONTRACTOR, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor), see 2 C.F.R. Part 200, Appendix II, ¶ C, agrees as follows: 1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin.The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation,gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race,color, religion,sex,sexual orientation, gender identity, or national origin. 3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 4) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding,a notice to be provided,advising the said labor union or workers' representative of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. :I age 6 of 34 6250 5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. XI. RECORDS AND RIGHT TO AUDIT Consultant shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven (7) years from the termination of this agreement or in accordance with the State of Florida retention schedules (https://dos.fl.gov/library-archives/records-management/general-records-schedules/), whichever is greater. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for the applicable retention period following the termination of this Agreement. :I age 7 of 34 6251 Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by County or the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in County's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by County's representative and/or agents or the County Clerk. County or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site,witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors,suppliers, and contractors' representatives. All records shall be kept for ten (10)years after Final Completion of the Project. The County Clerk possesses the independent authority to conduct an audit of Records, assets, and activities relating to this Project. If any auditor employed by the Monroe County or County Clerk determines that monies paid to Contractor pursuant to this Agreement 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 Section 55.03, F.S., running from the date the monies were paid to Contractor. The right to audit provisions survives the termination or expiration of this Agreement. XI I. STATE OF FLORIDA E-VERIFY Beginning January 1, 2021, in accordance with Section 448.095, Florida Statutes, as may be amended from time to time, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. The Contractor shall comply with and be subject to the provisions of Section 448.095, Florida Statutes. Pursuant to Section 448.095: 1. A public agency, Bidder, or subcontractor who has a good faith belief that a person or an entity with which it is contracting has knowingly violated s. 448.09(1) shall terminate the contract with the person or entity. :I age 3 of 34 6252 2. A public agency that has a good faith belief that a subcontractor knowingly violated this subsection, but the Bidder otherwise complied with this subsection, shall promptly notify the Bidder and order the Bidder to immediately terminate the contract with the subcontractor. 3. A contract terminated under this paragraph is not a breach of contract and may not be considered as such. If a public agency terminates a contract with a Bidder under this paragraph, the Bidder may not be awarded a public contract for at least 1 year after the date on which the contract was terminated. A Bidder is liable for any additional costs incurred by a public agency as a result of the termination of a contract. XIII. CLAIMS FOR FEDERAL OR STATE 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 Agreement. Any conditions imposed as a result of funding that affect the Project will be provided to each party. XIV. PUBLIC RECORDS Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24, Article I of the Constitution of Florida. The County and 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 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 provision in the form of a court proceeding and shall,as a prevailing party, be entitled to 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 Public Records Law in order to comply with this provision. 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 would be required by the County to perform the service. b. Upon request 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. :I age 9 of 34 6253 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 for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. d. Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public 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, 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 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 public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision 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. Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless 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 AT: MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH STREET, SUITE 408, KEY WEST, FL 33040; licr r r ty® I. v; (305) 292- 3470. XV. UNCONTROLLABLE CIRCUMSTANCE Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, :I age 30 of 34 6254 without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d)government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project;(each, a "Uncontrollable Circumstance"). CONTRACTOR'S financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within seven (7) days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, or as soon as possible after such Uncontrollable Circumstance has occurred if reasonably unanticipated, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek a no cost Change Order for such reasonable time as the Owner's Representative may determine. XVI. ADJUDICATION OF DISPUTES OR DISAGREEMENTS Adjudication of Disputes or Disagreements: COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of Paragraph XVIII. XVII. BREACH OF TERMS BY CONSULTANT The passing, approval, and/or acceptance by the County of any defect in the services furnished by the Consultant, shall not operate as a waiver by the County of strict compliance with the terms of this Contract, and specifications covering the services. Any Consultant breach of this agreement shall be governed by Paragraph XVIII(B) below on termination for cause. XVIII. TERMINATION In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONTRACTOR. A. Either of the parties hereto may cancel this Agreement without cause by giving the other party thirty (30) days written notice of its intention to do so. :I age I I I of 34 6255 B. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with five (5) calendar days' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. C. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon 30 days' notice to CONTRACTOR. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONTRACTOR shall not exceed the spending cap in this Agreement. D. For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of(1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. E. For contracts of$1,000,000 or more: (1) If the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, the County shall have the option of(1) immediately terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement, at the County's option, if the conditions of Section 287.135(4), Florida Statutes, are met. or (2) If the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or if the Contractor/Consultant has been 6256 placed on a list created pursuant to Section 215.473, relating to scrutinized active business operations in Iran, or been engaged in business operations in Cuba or Syria, the County shall have the option of(1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement, at the County's option, if the conditions of Section 287.135(4), Florida Statutes, are met." XIX. ASSIGNMENT The Consultant shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the board. XX. 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. XXI. DISCLOSURE, CONFLICT OF INTEREST, AND CODE OF ETHICS 1. Contractor warrants that he/she/it had not employed, retained, or otherwise had act on his/her/its 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 contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. 2. County and Consultant covenant that neither presently has any interest, and shall not acquire any interest, either direct or indirect, which would conflict in any manner or degree with its performance under this contract, as provided in Sec. 112.311, et. seq., :Iage13 of34 6257 Florida Statutes, and the only interest of each is to perform and receive benefits as recited in this Agreement. 3. 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. 4. The Consultant shall not provide services under this contract and shall not accept an assignment from the County for plans review or inspections on any property for which Consultant has been retained to perform plans review or inspections as a private provider. 5. The Consultant shall not perform or market private services to any property owner while Consultant is conducting plans review or inspections on behalf of the County. 6. The Consultant is required, on the first business day of each month, to inform the County of all permits in unincorporated Monroe County for which Consultant has been retained to conduct plans review or inspections as a private provider. 7. Upon execution of this Contract, Consultant shall provide the County with a list of all open permits in unincorporated Monroe County for which Consultant is or has provided plans review or inspection services as a private provider. XXII. 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. XXIII. NOTICES All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested. Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested and postage pre-paid, or by courier with proof of delivery and delivery pre-paid, to the following: FOR THE COUNTY: Monroe County Administrator and Administrative Director and Monroe County Attorney 1100 Simonton Street Monroe County Building Department 1111 12t"St., Suite 408 :Iage1.3. f344 6258 Key West, FL 33040 2798 Overseas Highway Key West, FL 33041 Marathon, FL 33050 Notice is deemed received by CONSULTANT/CONTRACTOR when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. FOR CONSULTANT: Carlos A. Penin, PE President C.A.P. Government, Inc. 343 Almeria Avenue Coral Gables, FL 33134 XXIV. TAXES The County is exempt from payment of Florida State Sales and Use taxes. The Consultant shall not be exempted by virtue of the County's exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is the Consultant authorized to use the County's Tax Exemption Number in securing such materials. The Consultant shall be responsible for any and all taxes and withholding for any required deductions from compensation paid to its employees related to services rendered under this agreement. County shall not be responsible for payment for any of Consultant's employees. XXV. GOVERNING LAW, VENUE, INTERPRETATION This Agreement 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 Agreement, the County and Contractor agree that venue will lie exclusively with the appropriate court, or before the appropriate administrative body, in Monroe County, Florida. XXVI. 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). XXVII. MONROE COUNTY CODE OF ORDINANCES SECTION 2-347 :I age 15 of 34 6259 The eligibility of persons to bid for the award of county contracts may be suspended pursuant to Subsection 2-347(I), Monroe County Code of Ordinances. After the contract is awarded, the employment of a suspended person is a material breach of the contract and entitles the County, in its sole discretion, to terminate the contract with no further liability to the contractor beyond payment of the portion of the contract price that may be due for work satisfactorily completed up to the date of termination. XXVIII. 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. XXIX. 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. :I age 16 of 34 6260 XXX. ATTORNEY'S FEES AND COSTS The County and Consultant agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs as an award against the non-prevailing party, and shall include attorney's fees and court costs in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. XXXI. 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. XXXII. 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. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this Contract freely, voluntarily, and with advice of counsel. XXXIII. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Contract, County and Consultant agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Contract or provision of the services under this Contract. County and Consultant specifically agree that no party to this Contract shall be required to enter into any arbitration proceedings related to this Contract. XXXIV. 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 :I age 17 of 34 6261 monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. XXXV. 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. XXXVI. 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. XXXVII. 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. XXXVIII. 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. XXXIX. EXECUTION OF CONTRACT Upon Notice of Intent to Award by the County, the contract shall be put in final form by the Administrative Director and, upon consent and approval of the County Attorney, given to the Contractor for signature. Within ten (10) days after receipt of the contract from Administrative Director, the Contractor shall fully execute, scan and return via email one (1) original electronic copy of the Contract Agreement to the Administrative Director or designee, along with all other Contract Documents attached, including original Insurance Certificate(s) and proof of any required :I age 18 of 34 6262 licenses not previously provided. If applicable, a certified copy of the recorded Public Construction Bond must be provided prior to the issuance of the Notice to Proceed as soon as possible. After approval by the BOCC and upon full execution by the County Clerk,the Administrative Director will return one fully executed copy of the Contract Agreement to the Contractor with all other Contract Documents attached as soon as practicable. In no event shall the Bidder's failure to provide satisfactory insurance certificates extend the contract time. XL. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which will be deemed to be an original, but all of which when taken together will constitute the Agreement. If any signature is delivered by email delivery of a ".pdf" format data file, such signature will create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if the ".pdf" signature was an original signature. The Contractor's transmitting an electronic signature will provide the inked original to the County, at the County's request. XLI. 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. XLII. 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 WC2 Employers' Liability $500,000 Bodily Injury by Accident :I age 19 of 34 6263 $500,000 Bodily Injury by Disease, policy limits $500,000 Bodily Injury by Disease, each employee Commercial General Liability $500,000 GL2 Vehicle Liability ($200,000 Claim; $300,000 Occurrence) -or- V L2 $300,000 Combined Single Limit Professional Liability $500,000 Per Occurrence PR02 $1,000,000 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 :I age 20 of 34 6264 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. XLIII. 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. XLIV. BREACH PENALTY AND DAMAGES DURING EMERGENCY RECOVERY PERIOD Effective January 1, 2026 and in accordance with F.S. 252.505, the Parties agree that if the Contractor/Consultant breaches this Contract for goods or services related to emergency response for a natural emergency during an emergency recovery period,the Contractor/Consultant shall pay Monroe County a penalty of Five Thousand Dollars ($5,000) and damages. In addition to the penalty, the Contractor/Consultant shall be liable for damages, which may be assessed, at the County's sole discretion, as either: 1. Actual and consequential damages suffered as a result of the breach; OR 2. Liquidated damages in the amount specified in this Contract. The remedies provided in this section are cumulative and are in addition to any other rights or remedies available at law or in equity. For purposes of this provision, "emergency recovery period" shall have the meaning assigned under F.S. 252.505. MONROE COUNTY ATTORNEY APPROVED AS TO FORM BALANCE OF PAGE INTENTIONALLY LEFT BLANK Digitally signed by Kelly SIGNATURE PAGE TO FOLLOW Kelly Dugan Da ea2025.08.26 16:16:10-04'00' KELLY DUGAN ASST.COUNTY ATTORNEY :I age 21. f 34. 6265 IN WITNESS WHEREOF, each party has caused this Contract to be executed by a duly authorized representative. (SEAL) Attest: KEVIN MADOK, CLERK OF COURT BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLOIDA By: By: Deputy Clerk Mayor (SEAL) C.A.P G VIE NT, !C. Signature of person authorized to legally bind (entity) Attest: , % w By: By: Carlos A. Penin, PE �ATN ESS Title: nior Operations Director Title: President N By: WITNESS Title: Offict STATE OF V 1; 1"O COUNTY OFInAICAIMi - bbckk Sworn to (or affirmed) and subscribed before me by means of physical presence or ❑ online notarization, this t ay of , " (year) , by rl LLA. (name of person making statement)„ Personally Known OR_ Produced Identification Type of Identification Produced: MONICA DE CD295746 Notary PUbIIC n ° Notary Public-Sta Commission#H l �o wr My Comm.ExpiresBanded through Nationa Print Name My commission expires: I Seal Page 22 of 34 6266 EXHIBIT "A" SCOPE OF SERVICES A. BUILDING DEPARTMENT PLAN REVIEW AND INSPECTIONS (BUILDING/ELECTRIC/PLUMBING/ MECHANICAL/FLOOD): The Building Department is seeking a Consultant to conduct building, plumbing, mechanical, electrical, flood, and related Code compliance inspections, and plan review. Permit intake and issuance services may also be needed. Work will include inspections and plan review for single family and multi-family residential, commercial, office and/or industrial projects for compliance with the latest Florida Building Code in effect. Plan review must be conducted pursuant to protocols established by the Building Official at locations within the jurisdiction of the County that provide access to the relevant permit files and plans, i.e. Upper Keys (Key Largo area); Middle Keys (Marathon area) and Lower Keys (Stock Island area), when needed for paper-based applications/permits. 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. Geographic and environmental factors involving severe weather, potential flooding, storm damage, etc. can affect the workload and may necessitate related inspections and plan review services. 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. Minimum licensure as exhibited in the attached EXHIBIT "D"—Section 1 (Building)" is required. B. PLANNING & ENVIRONMENTAL RESOURCES PLAN REVIEW The Planning & Environmental Resources Department is seeking a Consultant to conduct zoning plan review. Work will include review of site plans for residential, commercial, office, or industrial development, sign and fence permits for compliance with the County's land use standards contained in the Land Development Code, as well as application and site plan review for compliance and review of development applications (i.e. conditional uses, variances, land use, etc.) Plan review must be conducted at the relevant County office to ensure access to permit files, plans, maps and human resources when needed for paper-based applications/permits. 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. Minimum licensure as exhibited in the attached EXHIBIT"D"—Section 2 (Planning) and Section 3 (Environmental Resources)" is required. C. FIRE PREVENTION PLAN REVIEW AND INSPECTIONS :I age 23 of 34 6267 Consultant's employees must be qualified with the following: 1. Florida State Certified Fire Protection Engineer specializing in sprinkler systems and fire alarm systems, but qualified to review all aspects of structure and architectural design. 2. Florida State Certified Fire Safety Inspector I or 11. Minimum licensure/certification as exhibited in the attached EXHIBIT"D"—Section 4(Fire)" is required. 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. :I age 24. f 34 6268 The Consultant will specify the legal reasons for a failed review or inspection, and the necessary remedial actions. 7. The Consultant shall provide to the County clear, specific, and definite written final recommendations and observations that support the Consultant's recommendations and conclusions regarding each building inspection and plan review. 8. Field inspections must be completed within response time of twenty-four hours of request, the same or next business day, depending on when the call for inspection is received by the County excluding weekends and County Holidays. 9. The Consultant guarantees that no work shall be performed on private sites within the County other than assigned by the County, whether or not there is any remuneration to Consultant or Consultant's employees,whether employed by Consultant or acting as individuals,during the entire term of this agreement. In addition, the Consultant shall not have any direct or indirect relationships, business or otherwise, with any entity having an interest in any project(s) being reviewed or inspected on behalf of the County. It shall be the responsibility of the Consultant to inform the County and refrain from performing services on such jobs. 10. The Consultant shall not perform work of any kind or description within Monroe County for any party other than the County during the term of this Agreement whether related or unrelated to the types of services covered by or contemplated under this agreement or in any other location which could create a conflict of interest. 11. All services shall be compensated at the hourly rates established in accordance with the attached schedule, EXHIBIT "B" COST SUMMARY. However, the total compensation to the Consultant for services of the Consultant shall not, correspondingly, increase above those stated in the attached schedule. 12. Tasks will be assigned by task number and given to the Consultant and to Consultant's employee on site. If Consultant directs its staff member to proceed with the task, Consultant shall communicate that decision to the relevant County staff. E. DESCRIPTION OF SERVICES 1. Building Department Services (under supervision of the Building Official) a) The Consultant is to perform building, plumbing, mechanical, electrical, flood, and related Code compliance inspections,and plan review. Work to include inspections and plan review for single and multi-family residential, commercial, office or industrial projects for compliance with the technical codes applicable to the project. :I age 25 of 34 6269 b) Plan review must be conducted at the relevant County offices in Key Largo (2), Marathon and/or Stock Island to ensure access to permit files and plans, when needed for paper-based a ppl ications/perm its. 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. 2. Planning & Environmental Resources Department (under supervision of the Senior Director, Planning and Environmental Resources) a) The Consultant is to review site plans for residential, commercial, office, or industrial development, sign and fence permits for compliance with County land use standards contained in the Land Development Code, as well as application and site plan review for compliance with the Land Development Code. b) Plan review must be conducted at the relevant County offices in Key Largo (2), Marathon and/or Stock Island to ensure access to permit files, plans, maps and human resources when needed for paper-based applications/permits. 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 up to 40 hours per week as well as some evening and weekend hours depending on the workload. 3. Fire Prevention Services (under supervision of the Fire Marshal) a) The Consultant is to perform fire prevention inspections and plan review. Work to include inspections and plan review for single and multi-family residential, commercial, office or industrial projects for compliance with the Florida Fire Prevention Code, sixth Edition (and related successors) and other codes as adopted by the State of Florida (by F.S. 633 and F.A.C. 69-A). b) Plan review must be conducted at the relevant County offices to ensure access to permit files and plans when needed for paper-based applications/permits. c) 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. 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 :I age 26 of 34 6270 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. 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. :I age 27 of 34 6271 CN I- CN tG '6 'cj 'it ......... 3; -E CL r E F= lb ER .......... In, di ......... z ui a fx rvrvrvrvrvrvry m rD .......... rvrvrvrvrvrvrvrvrvrvrvry 091 ob CD .......... 091 CD � .......... l Z m 73 1 ui 09, ui rD .......... 0 09, O LLrciO 'al rw j all .......... 09" 09, x LL Lul -7 cm, cN 2 E E 'ro qn .......... ......... UJ :T 0 > LO uj 10 091 W 4A z z 10 ). u Ow j S I& Im 0 uj luj 0 CV) I- CN tG w fNd Z tj a tR Q u o L z ,LA 7. TJ oo 11. 41 w 00 c w u w LAA 65 t? cc w,, 6' yx It I w 10, 0 ri 0 V.5 u t5 C, w 16 fw wp CD C. -, (", w J", YAY m J7 j� ss 0 E 5 rj (1 m �TJ 0 72 g 5 c{A OM9L w ry) a CL u Oa 0 IF Q cu T5 W uo N E F6 E 9 m 2 li, q, W w E 22 8 6 L WE E klb rim E Ir= z 10 ra C ..... t,h "0 13 W, 0 k, 0 -- a 'o G q a E 9 T� E t E W qaP 2",0, fu 70 del k E < J E 2p a LL EM E Fp 'D E q R, a ,I! m u. S CL f, m "i UJ LL LL z 3 CIL uj w 0 w Z 0 to 2 0 1 ca EXHIBIT "C" ACKNOWLEDGMENT I am an employee with C.A.P. Government, Inc. When assigned to work in Monroe County at the Monroe County Building Department, Planning Department, and/or Fire Department, according to a Contract between C.A.P. Government, Inc. and Monroe County BOCC, I acknowledge that I am not an employee of Monroe County BOCC and am not entitled to any benefits from Monroe County BOCC. Compensation will be provided by C.A.P. Government, Inc. and Monroe County BOCC is not responsible for paying me for my work. I will complywith the personnel policies of C.A.P.Government, 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 :Iage3 f34 6274 Attachment l, Prohibited Conduct A. Willful mr repeated violations mfCounty, State mr Federal law mrmf these policies and procedures. B. Insubordination Refusal tm respond to authority's reasonable requesLb\ mrinstruction. C. Misconduct Behavior not conforming tm 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, smolkIng in restricted areas, any violent act or language which adversely affects morale, production, mr maintenance mfdiscipline. Rudeness mr acts mfdisrespect tm members mf 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 cluty, nor slhalI they use or be under the influence of, consume or possess illegal substances while on duty, or on County property at anytime. O. Criminal, dishonest, infamous or notoriously disgraceful conduct adversely affecting the County and Consultant (on duty mr off dutyi E. Conflict of Interest— Performing or marketing private services to any property owner while conducting plans review mf inspections mn behalf mf the County. F. Conviction of (or a plea of nolo contenclere in connection with) a felony or gross misdemeanor, or conviction mfa misdemeanor mr ordinance violation involving moral turpitude. <5.Theft mrpilfering Possessing, unauthorized use of, taking, removing, destroying or tampering with County property without proper authorization. H. Fraud mrDishonesty Falsification mf County documents mr records, mrcomputer-generated records. Intentionally making false statement either oral or written about the County, its employees, other employees mf Consultant. i Tardiness Failure to report to assigned workstation on or before the scheduled starting time. J. Misuse mfTime Sleeping or other acts of inattention or neglect of duty. Unauthorized sale of articles mr services, distribution or posting mfliterature, canvassing, polling or petitioning. K.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 orequipment. L. 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. M. Malicious or Negligent Destruction of Property VVi!!ful or malicious destruction of County property. Damage mf property byfailing tm use proper equipment, care and good judgment. N. Incompetence or Inefficiency - Inability or failure to perform work of an acceptable standard 0. Discrimination inEmployment Discriminating against an employee mf Monroe County mr Consultant's employees because of race, color, national origin, sex, religion, creed, sexual preference, handicap mr age as defined in state mrfedera! laws P. Acceptance mf unauthorized compensation. [\. Misfeasance The doing mfa lawful act inan unlawful mr improper manner so that there isan infringement mn the rights mfanother. R. Smoking- Smoking of tobacco products is prohibited in all Monroe County owned or occupied public facilities (buildings), vehicles, elevators, meeting rooms, hallways, corriclors, lobbies, water fountain areas, stairwells and entryways. Page 31Of34 6275 cfl ti CN tG C_ as m C14 E '41 �Zl 3: cc A CL E 2 mo M x Cl) E m z u 2: z im ca r z N LU E C= m -8 CD 44 0 0Bey co C) CD i_- to E m ET ui a M 0 w E z > ca > z M 4A z LU 0 a. GY LIJ Lq Q- ui co 17 0 LLJ Lu +0 cvj C) LO SCD LO 4 EL wE LO U. m r— &5 Lo E E- ui o Qc CID E 00 CID ko 14 E CF) x C14 z :E m LO 00 z m In cm x 'S U- I 0 LU can' c C_ 0 uj E m au E In E M 0 UA c an 6w r4 E .0 M -00 -. -; .sgg '.' Cm 2 2 = T r: w lz i: g - E E m m 'Eg u Wa to ui uj L L m m m m Via Id t t as ti ti CN tG El ErL IS 0 0 z u w LU Ili lu uj (D z M M 0 0 Z 0- z a0 M LU 0 4-0 4.0 CL 'a 10 0) Z qJ c z o 4A z *4A Z a o E 0 E ry)U z Z M LU m 4.0 4-0 0 0 a IIA i ry) 2 - z ui w ry) EE LU U. W a: cu E E uo LL WJ 0 r w *0 P 4m- M .2 z E z L- — E o, E 42 W w v 0 4) PIZ ui %A: ;A x F a 5 .5 Q,� z X ujNi 17J E E W 2 x ui 0 z CL W WA 0 IM z w wy a�n U Ln 3z E M E W z z A LU LU C7 a�am u w LU ®a cta 3.1 0 A 9 c c M 2 M CL CL wo wo U, I-- 0 0 w (L U U N fn MI, CIO I- C14 tG M z z z LLJ 4a LLJ LU 1A z chi. Ln LAJ 0 ry) m u E III 0 0 m 0 Q. z 1�lfl ce ry) z U10 0 0 E uj m C 2 U LU E .2 m E (U M co C x ui 0 LU z 32 z w W 0- z 0 tn b LU tn 0. U, U, CL r u LU uLU 10 MONROE COUNTY, FLORIDA REQUEST FOR PROPOSALS PROFESSIONAL SUPPORT SERVICES FOR PLAN REVIEW, INSPECTION SERVICES AND PLANNING/ZONING DEVELOPMENT REVIEW ir t"t W`iw� xFr ' BOARD OF COUNTY COMMISSIONERS Mayor lames K.Scholl,District 3 Mayor Pro Tem Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 COUNTY ADMINISTRATOR CHRISTINE HURLEY SR. DIRECTOR FIRE CHIEF R.L. COLINA SR. DIRECTOR, PLANNING& BUILDING OFFICIAL ENVIRONMENTAL RESOURCES RICK GRIFFIN FIRE MARSHAL CRAIG MARSTON DEVIN TOLPIN 6279 SUMMARY OF REQUEST FOR PROPOSALS Monroe County, Florida is requesting proposals from qualified firms to provide licensed, professional services in support of the Monroe County Building and Planning & Environmental Resources Departments to perform plan review, inspection services, and development review on site to expedite the County's building permit process. The level of provider service will be determined as needed by the Monroe County Building Official in consultation with the Senior Director of Planning & Environmental Resources and the Fire Marshal. Monroe County will use an external provider of temporary staff to augment and support the County's Building, Planning & Environmental Resources, and Fire Department staff to provide timely, effective and responsive inspections and reviews to meet the needs of our citizens, our unique community and our environment, while maintaining strict adherence to all federal, state, local laws and specific rules and ordinances of Monroe County governance. Services to be provided are more completely described in EXHIBIT"A"—SCOPE OF SERVICES. Examples of the work performed, while not all inclusive, may include physical on-site: 1. Structural/building, mechanical, plumbing, electrical, and flood plan/permitting reviews and inspections, and other functions relating to issuance of building and construction permits, certificates of occupancy and other duties as determined by the Monroe County Building Official in accordance with the Florida Building Code; Chapter 6 of the Monroe County Code of Ordinances; the Monroe County Land Development Code, including Chapter 122, Federal Flood Plain Regulations and other applicable documents. 2. Planning, zoning, development review, permit plan review, environmental review and inspections in accordance with the Monroe County Comprehensive Plan, Land Development Code and other applicable documents. 3. Fire plan permitting reviews and inspections in accordance with the Florida Fire Prevention Code and other applicable documents. All staff provided by the selected firm will be properly licensed and have the qualifications and experience necessary to perform the duties required by the County. The County reserves the right to select more than one provider in order to fully meet the needs and requirements of the County in meeting business demands based on workload,volume, internal staffing levels and other factors to be determined by the Building Official. Submission of any documents relating to this RFP does not guarantee the providing company will receive a contract from Monroe County, nor does it imply that the company has any type of procurement and/or contractual relationship with the County now or in the future. Information provided by any entity in response to this RFP will be subject to public disclosure pursuant to the laws of the State of Florida. Concurrent with this policy, the County conducts its procurement activities and formal bid processes in a competitive environment that fosters equal opportunity for qualified companies to provide services that meet our requirements. 2 e 6280 NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS NOTICE IS HEREBY GIVEN that on Thursday, June 26, 2025, at 3:00 P.M., the Monroe County Purchasing Office will receive and open sealed responses for the following: PROFESSIONAL SUPPORT SERVICES FOR PLAN REVIEW, INSPECTION SERVICES AND PLANNING/ZONING DEVELOPMENT REVIEW Pursuant to F.S. § 50.0211(3)(a), all published competitive solicitation notices can be viewed at: www.flloiriidalpuIblliicrnodces.coinn, a searchable Statewide repository for all published legal notices. Requirements for submission and the selection criteria may be requested from the County's electronic bidding platform at Inttlps://irnnoirniroecouinty--fll.lbornfiiirelhulb.coinn OR www.irnnoirniroecouinty--fll.gov/[3ornfiiirelBiids.The Public Record is available upon request. Monroe County Purchasing Department receives bids via the Bonfire electronic bidding platform. Please do not email, mail or attempt to deliver in person any sealed bids. Emailed/mailed/physically delivered bids/proposals/responses WILL NOT be accepted. The Monroe County Purchasing Department hereby directs that bids be submitted via the Bonfire electronic bidding platform at Ihnttlps://irnnoirniroecouinty.-fll.lbornfiiirelhulb.coirnn, no later than 3:OOP.M. on Thursday, June 26, 2025 There is no cost to the bidder to use the Bonfire platform. Please do not submit your confidential financial information as part of your proposal. There are separate uploads for each set of documents, including confidential financial information. All proposals, including financial information unless exempt, will be made public on the platform after an intended decision or 30 days, whichever is earlier, unless the bids/proposals are rejected in accordance with F.S. 119.071. If your proposal document includes financial information, that information will not be considered confidential and will be available and viewable to the public in accordance with public records law. In the event of a discrepancy between the bid amount on the Proposal Form and the bid amount entered in Bonfire, the bid amount listed in the proposal documents 'Proposal Form' provided by Monroe County in the competitive solicitation is the amount that will be utilized by the County when considering the bid proposal. The County reserves the right to waive any proposal/bid irregularity. The bid opening for this solicitation will be held virtually, via the internet, at 3:00 P.M., on Thursday,June 26, 2025.You may call in by phone or internet using the following: Join Zoom Meeting lhttlps://innclbocc.zooinn.us/i/45093261.56 Meeting ID: 450 932 6156 One tap mobile +16465189805„4509326156# US(New York) +16699006833„4509326156# US(San Jose) Dial by your location +1 646 518 9805 US(New York) Publication Dates +1 669 900 6833 US (San Jose) Keys Citizen: Sat., 05-10-2025 Keys Weekly:Thur., 05-15-2025 Barometer: 05-16-2025 3 I1) ag e 6281 TABLE OF CONTENTS SECTION ONE: INSTRUCTIONS TO RESPONDENTS ................................................................ 7 A. Overview and General Description of Services ................................................................................................7 B. Purpose and Objectives of the Request for Proposals.....................................................................................7 C. Proposal Submission Requirements .................................................................................................................8 D. Required County Forms....................................................................................................................................9 E. Examination of RFP Documents......................................................................................................................11 F. Interpretation, Clarification and Addenda......................................................................................................11 G. Governing Laws and Regulations ...................................................................................................................12 H. Preparation of Proposals................................................................................................................................12 I. Responsibility for Response.............................................................................................................................12 J. Copies of Proposal Documents........................................................................................................................12 K. Content of Proposal ........................................................................................................................................13 L. Receipt and Opening of Proposals ..................................................................................................................17 M. Determination of Successful Respondent......................................................................................................17 N. Award of Contract ..........................................................................................................................................18 O. Execution of Contract.....................................................................................................................................20 P. Certificate of Insurance...................................................................................................................................20 Q. Indemnification Requirements.......................................................................................................................21 SECTION TWO: DRAFT CONTRACT...................................................................................... 22 I. Term of Contract...................................................................................................................................22 II. Scope of Services ..................................................................................................................................22 III. Compensation.......................................................................................................................................22 IV. Payment................................................................................................................................................23 V. Renewal.................................................................................................................................................23 VI. Contractor's Responsibilities and Licensing..........................................................................................23 VII. Independent Contractor.......................................................................................................................24 Vil l. Staffing..................................................................................................................................................24 IX. Indemnification Requirements.............................................................................................................25 X. Non-Discrimination...............................................................................................................................25 XI. Records and Right to Audit...................................................................................................................28 XII. State of Florida E-Verify........................................................................................................................28 XIII. Claims for Federal or State Aid .............................................................................................................29 XIV. Public Records.......................................................................................................................................29 XV. Uncontrollable Circumstances..............................................................................................................31 XVI. Adjudication of Disputes or Disagreements.........................................................................................31 XVII. Breach of Terms by Consultant.............................................................................................................32 XVIII. Termination...........................................................................................................................................32 XIX. Assignment............................................................................................................................................33 XX. Compliance with Law............................................................................................................................33 4 e 6282 XXI. Disclosure, Conflict of Interest and Code of Ethics...............................................................................34 XXII. Financial Responsibility.........................................................................................................................35 XXIII. Notices ..................................................................................................................................................35 XXIV. Taxes .....................................................................................................................................................35 XXV. Governing Law, Venue, Interpretation.................................................................................................35 XXVI. Public Entity Crime Statement..............................................................................................................36 XXVII. Monroe County Code of Ordinances Section 2-347.............................................................................36 XXVIII. Authorized Signatures...........................................................................................................................36 XXIX. Severability............................................................................................................................................36 XXX. Attorney's Fees and Costs.....................................................................................................................37 XXXI. Binding Effect........................................................................................................................................37 XXXII. Authority...............................................................................................................................................37 XXXIII. Cooperation ..........................................................................................................................................37 XXXIV. No Solicitation/Payment.......................................................................................................................38 XXXV. Non-Waiver of Immunity......................................................................................................................38 XXXVI. Non-Reliance by Non-Parties................................................................................................................38 XXXVII. Attestations...........................................................................................................................................38 XXXIII. No Personal Liability .............................................................................................................................38 XXXIX. Execution of Contract ...........................................................................................................................39 XL. Execution in Counterparts ....................................................................................................................39 XLI. Section Headings...................................................................................................................................39 XLII. Insurance Policies..................................................................................................................................39 XLIII. Entire Agreement..................................................................................................................................41 SECTION THREE: COUNTY FORMS...................................................................................... 43 1. Response Form ..............................................................................................................................................44 2. Lobbying and Conflict of Interest Clause.......................................................................................................45 3. Non-Collusion Affidavit..................................................................................................................................46 4. Drug-Free Workplace.....................................................................................................................................47 5. Public Entity Crime Statement.......................................................................................................................48 6. Insurance and Indemnification Statement....................................................................................................49 7. Local Preference Form...................................................................................................................................50 8. Vendor Certification Regarding Scrutinized Companies List.........................................................................51 9. Affidavit Attesting to Noncoercive Conduct for Labor or Services................................................................52 10. Foreign Entities Affidavit F.S. 287.138...........................................................................................................53 11. Common Carrier Responsibilities Affidavit F.S. 908.111...............................................................................54 SECTION FOUR: INSURANCE REQUIREMENTS .................................................................... 55 51I) age 6283 EXHIBITS: EXHIBIT "A" SCOPE OF SERVICES EXHIBIT "B" MONROE COUNTY PERMITTING OVERVIEW EXHIBIT "C" COST SUMMARY EXHIBIT "D" LICENSE INFORMATION FOR STAFF ASSIGNED TO CONTRACT 6 1 ii:) 6284 SECTION ONE: INSTRUCTIONS TO RESPONDENTS A. OVERVIEW AND GENERAL DESCRIPTION OF SERVICES The Board of County Commissioners of Monroe County, Florida, (hereinafter "County") is seeking proposals from respondents (hereinafter "Consultant" or "Organization" or "Respondent" or "Provider") to provide PROFESSIONAL SUPPORT SERVICES FOR PLAN REVIEW, INSPECTION SERVICES AND PLANNING/ZONING DEVELOPMENT REVIEW throughout the unincorporated areas of the Florida Keys within Monroe County for the Building Official, the Senior Director of Planning & Environmental Resources and the Monroe County Fire Marshal, who are primarily responsible for floodplain management, permitting, plan review, development approvals, and inspections. The disciplines that review permits and/or construction plans for compliance with federal, state, and Monroe County regulations include: • Building/Structural Review • Mechanical • Plumbing • Electric • Floodplain (Monroe County Code Chapter 122) • Planning & Environmental Resources (Monroe County Code; Comprehensive Plan and Land Development Code plus other state &federal laws) • Fire (under direction of Fire Marshal) The Planning Director, Fire Marshal, and ultimately, the Building Official authorize permit issuance for applicable discipline review. Each of these disciplines participates in the review of permit applications as found in EXHIBIT"B"MONROECOUNTY PERMITTING OVERVIEW. This document is referred to as a matrix that indicates for each permit type issued by Monroe County, which disciplines have to review it for compliance with applicable regulations. After permits are issued, inspections are made to ensure the construction is consistent with the approved permit/plans/regulations. Typically, Monroe County has a 24-hour turnaround time to complete inspections, although if a certain discipline has licensed reviewers or inspectors out of the office (vacation/sick) then it may be necessary to augment staff. B. PURPOSE AND OBJECTIVES OF THE REQUEST FOR PROPOSALS County staff has worked to document standard operating procedures and processes required for adequate review and consistency of each permit type under the law. Permit applications have been revised to better assure compliance and consistent application for all permit applicants to promote fairness in the process, especially between the current offices - Key Largo (2) (Upper Keys), Marathon (Middle Keys), Big Pine Key and Stock Island (Lower Keys). While the County has worked hard to improve and streamline these processes, including implementation of an electronic permitting application, staffing and adequate human resources still remain a challenge. Recruiting multi-discipline licensed individuals is difficult and creates a substantial challenge within the geographic expanse of Monroe 7 e 6285 County for inspecting - sending an individual for each discipline for inspections when required. The Building Department is required to have every discipline available to review plans and permits. There are alternative methods for delivering these required services which include retaining a private firm to perform permitting, plan review and inspections. The County is seeking to utilize the services of an external provider(s) to augment and supplement County staff at different times on a temporary basis and to provide timely, effective and responsive inspections and reviews. The level and type of service needed will differ based on circumstances at any given time. The workload can be affected by various factors such as internal staff illness or vacation, staff training, resignations, staff shortage,volume of construction work ongoing within the County, new regulations, laws or requirements implemented from time to time, as well as geographic and environmental factors involving severe weather, potential flooding, storm damage, etc. The County may have a need for one or several external professionals to meet the technicalities of single or multiple disciplines at any given time. Staffing will be the responsibility of the Consultant/Provider and all of Provider's staff will be employees of Provider. Contractor may change personnel at will with reasonable notice to the County. Please see special conditions in EXHIBIT "A" SCOPE OF SERVICES. More specific details of the requirements to be performed by the Contractor if awarded a Contract resulting from this Request for Proposals are provided in EXHIBIT "A" SCOPE OF SERVICES. C. PROPOSAL SUBMISSION REQUIREMENTS 1. Interested firms or individuals shall submit one (1) electronic copy of the Proposal(s), tabbed, and indexed in Adobe Acrobat file (.PDF) format. 2. Proposals shall be submitted to Monroe County not later than the time and date for receipt of Proposals indicated in the Notice of Request for Competitive Solicitations, or any extension thereof made by Addendum. Bonfire will not allow any Proposals to be uploaded after the time and date for receipt of Proposals. Proposals received after the time and date for receipt of Proposals will not be considered. Bonfire will not allow any Proposals to be uploaded after the time and date for receipt of Proposals. 3. Monroe County Purchasing Department receives bids via the Bonfire electronic bidding platform. Please do not email, mail, or attempt to deliver in person any sealed bids. Emailed/mailed/physically delivered bids/proposals/responses WILL NOT be accepted. 4. The Monroe County Purchasing Department hereby directs bids be submitted via the Bonfire electronic bidding platform at https://monroecounty-f1.bonfire hub.com, no later than 3:00 P.M. on Thursday,June 26, 2025. There is no cost to the bidder to use the Bonfire platform. 8 e 6286 5. Please do not submit your confidential financial information as part of your proposal upload. There are separate uploads for each set of documents, including confidential financial information. All proposals will be made public on the platform after an intended decision or thirty (30) days, whichever is earlier, unless the bids/proposals are rejected in accordance with F.S. Sec. 119.071. If your proposal document includes financial information,that information will not be considered confidential and will be available and viewable to the public in accordance with public records law. In the event of a discrepancy between the bid amount on the Proposal Form and the bid amount entered into Bonfire,the bid amount listed in the proposal documents is the amount that will be utilized by staff when considering the bid proposal. The County reserves the right to waive any proposal/bid irregularity. The bid opening for this solicitation will be held virtually, via the internet, at 3:00 P.M., on Thursday,June 26, 2025. You may call in by phone or internet using the following: Join Zoom Meeting lhttp,s://irncbocc.zooirn.u,s/i/45093261.56 Meeting ID: 450 932 6156 One tap mobile +16465189805„4509326156# US (New York) +16699006833„4509326156# US (San Jose) Dial by your location +1 646 518 9805 US (New York) +1 669 900 6833 US (San Jose) 6. The Proposer shall assume full responsibility for timely delivery via upload to Bonfire as the location designated for receipt of Proposals. 7. Oral, telephonic, telegraphic, emailed, and faxed Proposals are invalid and will not receive consideration. 8. All submissions must remain valid for a period of ninety (90) days from the date of the deadline for submission stated above. The Board will automatically reject the response of any person or affiliate who appears on the convicted vendor list prepared by the Department of General Services, State of Florida, under Sec. 287.133(3)(d), Florida Statutes (1997). Monroe County declares that all or portions of the documents and work papers and other forms of deliverables pursuant to this request shall be subject to reuse by the County. D. REQUIRED COUNTY FORMS Failure to complete all required County Forms (SECTION THREE) in every detail and submit them with your Response may result in immediate disqualification of your Response. 1. RESPONSE FORM: Please fill out as indicated. 9 e 6287 2. LOBBYING AND CONFLICT OF INTEREST CLAUSE: Any person submitting a bid or proposal in response to this invitation must execute the enclosed LOBBYING AND CONFLICT OF INTEREST CLAUSE and submit it with his/her/its bid or proposal. Failure to complete this form in every detail and submit it with the bid or proposal may result in immediate disqualification of the bid or proposal. 3. NON-COLLUSION AFFIDAVIT: Any person submitting a bid or proposal in response to this invitation must execute the attached COUNTY FORMS AFFIDAVIT and submit with his/her/its bid or proposal. If it is discovered that collusion exists among the respondents, the bid or proposals of all participants in such collusion shall be rejected, and no participants in such collusion will be considered in future bids for the same work. 4. DRUG-FREE WORKPLACE FORM: Any person submitting a bid or proposal in response to this invitation must execute the enclosed DRUG-FREE WORKPLACE FORM and submit it with his/her/its bid or proposal. Failure to complete this form in every detail and submit it with your bid or proposal may result in immediate disqualification of your bid or proposal. 5. PUBLIC ENTITY CRIME: All requests for competitive solicitation and any contract document shall contain a statement which reads as follows (Section 287.133 F.S.): "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or 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 Florida Statutes, Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months following the date of being placed on the convicted vendor list. Category Two: $35,000.00 6. INDEMNIFICATION AND HOLD HARMLESS FORM 7. LOCAL PREFERENCE FORM 8. ETHICS CLAUSE: Each contract/agreement entered into by the County shall contain in accordance with Section 5 (b) Monroe County Ordinance No. 010-1990 the following ethics clause: "(Person or business entity) warrants that he/she/it had not been employed, retained or otherwise had act on his/her/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. 010-1990. 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 from the contract or purchase price, or otherwise recover the full amount of 10 e 6288 any fee, commission, percentage, gift, or consideration paid to the former County officer or employee." E. EXAMINATION OF RFP DOCUMENTS 1. Each Respondent shall carefully examine the RFP (Request for Proposals) and other contract documents, and inform himself thoroughly regarding any and all conditions and requirements that may in any manner affect cost, progress, or performance of the work to be performed under the contract. Ignorance on the part of the Contractor will in no way relieve him of the obligations and responsibilities assumed under the contract. 2. Should a Respondent find discrepancies or ambiguities in, or omissions from, the proposal documents, or should the organization be in doubt as to their meaning, the organization shall at once notify the County in writing by email to Ed Koconis at IKoconii,s is:d 1MoniroeCounty If::1...Gov . 3. The submission of a Proposal will constitute a representation by the Proposer that he/she/it has complied with every requirement of Section E and that the Proposal Documents are sufficient in scope and detail to indicate and convey an understanding of all terms and conditions for performance of the work. Submission of a Proposal will be considered evidence that the Proposer has familiarized themselves with the nature and extent of the work, and any equipment, materials, and labor required. F. INTERPRETATION, CLARIFICATION AND ADDENDA No oral interpretations will be made to any Respondent as to the meaning of the contract documents. Any inquiry or request for information/interpretation received in writing ten (10) or more days prior to the date fixed for opening of responses will be given consideration. Written inquiries should be sent by email to Ed Koconis at IKoconii,s is:d 1MoniroeCounty If::1...Gov. All such changes or interpretation will be made in writing in the form of an Addendum and, if issued, will be furnished by posting on the website at IhttiPso//irnoniroecountyf1.bonfi ire Inub.coirn OR www.irnoniroecounty iLgov/lBonfiirelBId,s prior to the established response opening date. Interpretations, corrections, or changes of the Proposal Documents made in any other manner will not be binding, and Proposers shall not rely upon such interpretations, corrections, and changes. Oral and other interpretations or clarifications will be without legal effect. Each Respondent shall acknowledge receipt of such Addenda in their Response. In case any Respondent fails to acknowledge receipt of such Addenda or Addendum, his/her/its response will nevertheless be construed as though it had been received and acknowledged and the submission of his response will constitute acknowledgment of the receipt of same. All Addenda are a part of the contract documents, and each Respondent will be bound by such Addenda, whether or not received by him/her/it. It is the responsibility of each Respondent to verify that he has received all Addenda issued before responses are opened. a g e 6289 No Addenda will be issued later than five (5) business days prior to the date for receipt of Proposals except for an Addendum withdrawing the Request for Proposals or one which includes postponement of the date for receipt of Proposals. G. GOVERNING LAWS AND REGULATIONS 1. The Respondent is required to be familiar with and shall be responsible for complying with all federal, state, and local laws, ordinances, rules, and regulations that in any manner affect the work. Knowledge of occupational license requirements and obtaining such licenses for Monroe County, State of Florida, and/or municipalities within Monroe County are the responsibility of the Bidder/Respondent. 2. Respondent shall be required to obtain a Monroe County Business Tax Receipt before beginning operations. Respondent shall also be responsible for obtaining any additional licenses which may be required to conduct the work under the Contract prior to performance. The Bidder/Respondent shall include in his/her/its bid prices for all sales,consumer, use,and other taxes required to be paid in accordance with the law of the State of Florida, County of Monroe. H. PREPARATION OF PROPOSALS Signature of the Respondent: The Respondent must sign the Proposal forms in the space provided for the signature. If the Respondent is an individual,the words "doing business as ", or"Sole Owner" must appear beneath such signature. In the case of a partnership, the signature of at least one (1) of the partners must follow the partnership's name and the words "Member of the Firm" should be written beneath such signature. If the Respondent is a corporation, the title of the officer signing the Proposal on behalf of the corporation must be stated along with the Corporation Seal Stamp and evidence of his authority to sign the Proposal must be submitted. The Respondent shall state in the response the name and address of each person interested therein. I. RESPONSIBILITY FOR RESPONSE The Respondent is solely responsible for all costs and/or expenses associated or incurred in attending any Pre-bid Conferences, preparation of bid documents and/or submitting a bid, regardless of whether a contract award is made by the County. This competitive solicitation does not constitute an offer for employment or contract for services. J. COPIES OF PROPOSAL DOCUMENTS 1. Only complete sets of Proposal Documents will be issued and shall be used in preparing proposals. The County does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets. Neither the County nor its agents assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Proposal Documents. 12 e 6290 2. Complete sets of Proposal Documents may be obtained in the manner and at the location stated in the Notice of Request for Competitive Solicitations. 3. Submitted Proposals MUST include an Insurance Agent's Statement and a completed Insurance Checklist, and all forms and requirements as called for in the Request for Proposals. Failure to include all necessary forms and licenses will result in a non-responsive proposal. K. CONTENT OF PROPOSAL 1. The Proposal submitted in response to this RFP shall be submitted on Bonfire in 8-1/2" x 11" letter size form; shall be clear and concise, and provide the information requested herein. The Proposal shall be organized and tabbed. Statements submitted without the required information will not be considered. Proposals shall be organized as indicated below. The Respondent should not withhold any information from the written response in anticipation of presenting the information orally or in a demonstration. Each Respondent must submit adequate documentation to certify the Respondent's compliance with the County's requirements. Respondent should focus specifically on the information requested. 2. The response, at a minimum, shall include the following: a) COVER PAGE that reads "PROFESSIONAL SUPPORT SERVICES FOR PLAN REVIEW, INSPECTION SERVICES AND PLANNING/ZONING DEVELOPMENT REVIEW". The cover page should contain Respondent's name, address, telephone number, and the name of the Respondent's contact person. b) TABBED SECTIONS consisting of the following: TAB ONE: Respondent's approach to this project (Maximum of 15 points) a. Provide a description of the project approach, including: a statement that reflects a clear understanding of project needs based on the objectives stated in Section One, Part B above, and a business plan that details the approach. TAB TWO: Cost Matrix(Maximum of 30 points) a. Describe the anticipated charges for each service to be provided to the County using the attached cost matrix contained in EXHIBIT"C"COSTSUMMARY TAB THREE: Past Performance, Qualifications, and Service Description (Maximum of 15 points) a. Provide details of past performance and professional accomplishments including a description of similar work completed by the Respondent, any current contracts for similar work, any 13 e 6291 outstanding accomplishments of the Respondent, and any outstanding accomplishments of the Respondent that relate directly to this type of work. b. Provide details of technical, educational, and training experience of the Respondent and/or assigned staff; if the Respondent and/or any of the assigned staff are located in Monroe County; if they have familiarity with the geography and environment of the Florida Keys; and/or if they have any related experience. c. Completion of the attached spreadsheet EXHIBIT "D" LICENSE INFORMATION FOR STAFF ASSIGNED TO CONTRACT to include copies of all licenses, certifications and other documentation verifying the current qualifications and experience of staff assigned to the County under the terms of the proposed contract. d. Service area. Describe any cost variances associated with performance of duties within the three areas overseen by the County, i.e. Upper Keys; Middle Keys; and Lower Keys. e. Service availability. Describe the availability of proposed staff(i.e. hours/days per week) and/or any limitations of availability that could arise under performance of this contract. TAB FOUR: References (Maximum of 10 points) a. Each Respondent shall provide at least three (3) references for which the Respondent has provided the same or similar services during the past three (3) years. It is preferred that the references are from state or local governments, but private industry clients may also be used as references. Each reference shall include, at a minimum: • Name and full address of reference organization • Name of Contact person for contract • Telephone number(s) • Date of initiation of contract with reference • Brief summary comparing the referenced services to these proposed services b. Credit references (minimum of three), including name, current address and current telephone number. TAB FIVE: Staffing (Maximum of 20 points) a. Respondent shall include a list of the proposed staff positions that will provide the work required if awarded this contract. b. If particular staff with certifications and qualifications directly related to this proposal are to be used for the performance of services under the contract, if awarded, specify the names, 14 e 6292 proposed job titles, and qualifications of said personnel, including relevant licensure or certification. c. Describe your turn-over rate or list the length of time each current employee has been with the organization. TAB SIX: Respondent's Background Information (Maximum of 10 points) a. Respondent shall provide a list of shareholders with 5% or more of the stock, or, if a general partnership, a list of the general partners; or, if a limited partnership, a list of the members; or, if a solely owned proprietorship, name(s) or owner(s). b. Respondent shall provide a list of the officers and directors of the Respondent's organization. c. Respondent shall provide details about the number of years the Respondent has been operating, and, if different, the number of years the Respondent has provided the type of services requested. d. Respondent shall provide details about the number of years the Respondent has operated under its present name and the number of years the business has operated under any other name, and such names under which it has operated. e. Respondent shall provide information regarding any professional or operational permits and licenses held by its organization and/or key staff. Also, provide here information about the Respondent's membership, or individual memberships, in any state or national organization that may be relevant. TAB SEVEN: Litigation, Claims and Suits All responses must contain answers to the following questions: a. Has the person, principals, entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors,ever failed to complete work or provide the goods for which it has contracted? If yes, provide details; b. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the person, principal of the entity,or entity,or any entity previously owned,operated or directed by any of its officers, directors, or general partners? If yes, provide details; c. Has the person, principal of the entity, or entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, within the last five years, been a party to any lawsuit, arbitration, or mediation with regard to a contract for services, goods or 15 e 6293 construction services similar to those requested in the specifications with private or public entities? If yes, provide details; d. Has the person, principal of the entity, or any entity previously owned, operated or directed by any of its officers, owners, partners, major shareholders or directors ever initiated litigation against the County or been sued by the County in connection with a contract to provide services, goods or construction services? If yes, provide details; and e. Whether, within the last five years, the owner, an officer, general partner, principal, controlling shareholder or major creditor of the person or entity was an officer, director, general partner, principal, controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for competitive solicitation; TAB EIGHT: County Forms and Licenses Respondent shall complete and execute the forms specified below and found in Section Three of this RFP, as well as copies of all professional and occupational licenses: 1. Response Form 2. Lobbying and Conflict of Interest Clause 3. Non-Collusion Affidavit 4. Drug Free Workplace Form 5. Public Entity Crime Statement 6. Insurance and Indemnification Statement 7. Local Preference Form (if applicable) (3 points) 8. Vendor Certification Regarding Scrutinized Companies List 9. Affidavit Attesting to Noncoercive Conduct for Labor Services 10. Foreign entities Affidavit F.S. 287.138 11. Common Carrier Responsibilities Affidavit F.S. 908.111 Respondent shall produce evidence of proper licensing to perform the services described herein. Copies of all professional and occupational licenses shall be included in this section. Proof of payment of any required business tax receipts (previously occupational license), including Monroe County, is required to be provided to the County within fifteen (15) days of award of the contract if not already provided with the proposal response. Respondent shall, by separate upload from all other documents including the proposal, upload the following: (1) Financial statements for the prior three (3) years for the responding entity or for any entity that is a subsidiary to the responding entity. 16 e 6294 ("Any financial statement that an agency requires a prospective bidder to submit in order to prequalify for bidding or for responding to a bid for a road or any other public works project is exempt from F.S. 119.07(1) and s.24(a), Art. 1 of the State Constitution.") Please do not submit your confidential financial information as part of your proposal. Please mark as "Confidential"to exercise exemption under F.S. 119.071(1)(c) and upload by separate upload to Bonfire to maintain confidentiality. There are separate uploads for each set of documents, including confidential financial information. However, any financial information the Contractor includes in the proposal packet,which is not marked as"Confidential', and is uploaded incorrectly, may be disclosed in any public records request and will not be treated as "Confidential." The County shall incur no liability for inadvertent disclosure of financial records that are not properly marked or submitted. (2) Any financial information requested by the County department involved in the competitive solicitation, related to the financial qualifications, technical competence, the ability to satisfactorily perform within the contract time constraints, or other information the department deems necessary to enable the department and Board of County Commissioners to determine if the Respondent is responsible. L. RECEIPT AND OPENING OF PROPOSALS Proposals shall be received in the manner provided in Section K. No responsibility will be attached to anyone for the premature opening of a proposal not properly addressed and identified. The bid opening for this solicitation will be held virtually, via the internet, at 3:00 P.M., on Thursday, June 26, 2025. The public may attend either by phone or internet as specified in the Notice of Request for Competitive Solicitations. Any Proposal not received on Bonfire on or before the deadline for receipt of proposals designated in the Notice of Request for Competitive Solicitations will not be considered. Responses are confidential pursuant to F.S. 119.071(1)(b)2 and (b)3, until such time as the agency provides notice of an intended decision or until 30 days after opening the bids, proposals,or final replies, whichever is earlier. M. DETERMINATION OF SUCCESSFUL RESPONDENT Following the receipt of the proposals, the Selection Committee will meet in a publicly noticed meeting and evaluate the responses based on the criteria and point total below. The County reserves the right to reject any and all Proposals, or any part of a Proposal. The County reserves the right to waive informalities,technical errors,variations, and irregularities in any or all Proposals that do not render the 17 e 6295 Proposal non-conforming, to re-advertise for Proposals,to separately accept or reject any item or items and/or to award and/or negotiate a contract as may be deemed best for the interests of the County. Proposals which contain modifications, are incomplete, conditional,obscure, or which contain additions not requested or irregularities of any kind, or which do not comply in every respect with the Instruction to Respondents, and the proposal documents, may be rejected at the option of the County. The County may contact a Respondent to request clarification of an ambiguity in the Respondent's proposal. Each TAB section will be given points used to score and evaluate firms and individuals. The point structure is as follows: CRITERIA MAXIMUM POINTS Proposed project approach and business plan 15 Cost Matrix 30 Past Performance, Qualifications and Service Description 15 References 10 Staffing 20 Respondent's Background Information 10 Local business preference- see Local Preference Form 3 TOTAL N. AWARD OF CONTRACT 1. The County reserves the right to reject any or all proposals, or any part of any proposal, to waive any informality in any proposal, or to re-advertise for all or part of the services contemplated. 2. If proposals are found to be acceptable by the County and the Contract is to be awarded,the County will issue the Notice of Award to the successful Proposer within ninety (90) days after the date of receipt of proposals. The written notice will be given to the selected Respondent of the acceptance of their proposal and of the award of the Contract to them, subject to the approval of the Monroe County Board of County Commissioners. 3. Due to the nature of the project, the County reserves the right to refine/complete the Contract based on proposed responses and the direction of the Board of County Commissioners. The County, upon selection of Respondent(s) and approval of the Board of County Commissioners, will negotiate with the Respondent to further develop the Contract. 4. The County reserves the right to award separate Contracts for various areas of the Keys. 5. The County may conduct such investigations, as deemed necessary to assist in the evaluation of any Proposal and to establish the responsibility, qualifications, and financial ability of the Proposers, 18 e 6296 proposed subcontractors, and other persons or organizations to do the work in accordance with the Contract Documents to the Owner's satisfaction within the prescribed time. 6. The County reserves the right to request any additional information related to the financial qualifications, technical competence, the ability to satisfactorily perform within the contract time constraints, or other information the Department deems necessary to enable the Department and Board of County Commissioners to determine if the person responding is responsible. The County reserves the right to reject the Proposal of any Proposer who does not pass any such evaluation to its satisfaction. 7. If the award of a contract is annulled, the County may award the Contract to another Respondent, or the work may be re-advertised or may be awarded to other qualified personnel as the County decides. 8. The Contract will be awarded to the highest ranked responsible, responsive conforming Respondent complying with the applicable conditions of the proposal documents, based on the ranking criteria provided herein, and deemed to provide the services which are in the best interests of the County. 9. The County also reserves the right to reject the response of a Respondent who has previously failed to perform properly or to complete contracts of a similar nature on time. 10. The recommendations of the County Administrator or his designee will be presented to the Board of County Commissioners of Monroe County, Florida, for final awarding or otherwise. 11. The County shall consider preference to local businesses in making a purchase or awarding a contract who meet the criteria for a local business as defined by Section 2-349 of the Monroe County Code. Individuals or firms which meet all the criteria in Section 2-349 of the Monroe County Code and are a responsive and responsible respondent shall receive local preference and shall be given three (3) points in the scoring criteria. 12. The application of local preference may be waived upon written recommendation by the County and approval by the Monroe County Board of County Commissioners at the time of Award of Contract. Waiver of the application of the local preference is based upon analysis of the marketplace and in consideration of the special or unique quality of goods, services, or professional services sought to be purchased by the County. 13. Tie Responses: In the event the same competitive solicitation amounts are received from two (2) or more responders who are considered by the BOCC to be equally qualified and responsive or when two or more responders are equal in rank and score, and only one (1) of the responders has a principal place of business in Monroe County, Florida, the award shall be to the responder who has a principal place of business located in Monroe County, Florida,except where prohibited byfederally funded contracts. Otherwise, the tie will be resolved by draw from an opaque container. 19 e 6297 14. Protest Procedure: Any Bidder/Respondent/Proposer who claims to be adversely affected by the decision or intended decision to award a contract shall submit in writing a notice of protest which must be received bythe CountyAttorney's Office within seventy-two(72) hours orthree (3) business days, whichever is greater, after the posting of the Notice of Decision or Intended Decision on the electronic bidding platform or posting of the Notice of Decision or Intended Decision on the Monroe County Board of County Commissioners' (BOCC) agenda, whichever occurs first. Additionally, a formal written protest must be submitted in writing and must be received by the County Attorney's Office seventy-two (7) hours or three (3) business days prior to the Board of County Commissioner's meeting date in which the agenda item for award of contract by the Board of County Commissioners will be heard. The only opportunity to address protest claims is before the BOCC at the designated public meeting in which the agenda item awarding the contract is heard. In accordance with the Rules of Debate as set forth in the Monroe County Board of County Commissioners Administrative Procedures, the Bidder/Respondent/Proposer that filed the protest is responsible for providing the Clerk with his/her name and residence prior to the agenda item to award the contract being called in order to preserve their opportunity to be heard on this matter. An individual has three(3) minutes to address the Commission and a person representing an organization has five (5) minutes to address the Commission. The BOCC decision to award the contract is final and at their sole discretion. Failure to timely protest within the times and in the manner prescribed herein shall constitute a waiver of the ability to protest the award of the contract, unless the BOCC determines that it is in the best interest of the County to do so. The filing of a protest shall not stop the solicitation, negotiations, or contract award process, unless it is determined it is in the best interest of the County to do so. The filing of a protest shall not stop the solicitation, negotiations, or contract award process, unless it is determined that it is in the best interest of the County to do so. Each Bidder, by submission of a bid, acknowledges that in the event of any legal action challenging the award of a contract; damages, if any, shall be limited to the actual cost of the preparation of the bid. O. EXECUTION OF CONTRACT Upon Notice of Intent to Award by the County, the contract shall be put in final form by the Administrative Director and, upon consent and approval of the County Attorney,given to the Contractor for signature. Within ten (10) days after receipt of the contract from Administrative Director, the Contractor shall fully execute, scan and return via email one (1) original electronic copy of the Contract Agreement to the Administrative Director or designee, along with all other Contract Documents attached, including original Insurance Certificate(s) and proof of any required licenses not previously provided. If applicable, a certified copy of the recorded Public Construction Bond must be provided prior to the issuance of the Notice to Proceed as soon as possible. After approval by the BOCC and upon full execution by the County Clerk, the Administrative Director will return one fully executed copy of the Contract Agreement to the Contractor with all other Contract Documents attached as soon as practicable. In no event shall the Contractor's failure to provide satisfactory insurance certificates extend the contract time. P. CERTIFICATE OF INSURANCE 20 e 6298 1. The Respondent will be responsible for obtaining and maintaining all necessary insurance coverage for the PROFESSIONAL SUPPORT SERVICES FOR PLAN REVIEW, INSPECTION SERVICES AND PLANNING/ZONING DEVELOPMENT REVIEW as detailed in Section Four: Insurance Requirements. Certificates of Insurance must be provided to Monroe County within fifteen (15) days after award of Contract, with Monroe County BOCC listed as additionally insured on all except Workers Compensation. If the proper insurance forms are not received within the fifteen (15) days, the Contract may be awarded to the next selected Respondent. 2. All forms of insurance required above shall be from insurers acceptable to the County. Policies shall be written by companies licensed to do business in the State of Florida and having an agent for service of process in the State of Florida. Companies shall have an A.M. Best rating of VI or better. The required insurance shall be maintained at all times while Respondent/Contractor is providing service to the County. Contractor shall provide County with updated Certificates of Insurance annually on the renewal date of each policy. 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. Q. INDEMNIFICATION REQUIREMENTS To the fullest extent permitted by law, the Contractor covenants and agrees to defend, indemnify and hold harmless Monroe County Board of County Commissioners, and its elected and appointed officers, officials, agents, servants, employees, etc., from any and all claims, demands, or causes of action for negligence, bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, liabilities, damages, costs, penalties, and/or expenses (including but not limited to, attorney's fees and costs, such legal expenses to include costs incurred in establishing the indemnification and other rights agreed to in this Agreement, to persons or property) which arise out of and/or, in connection with, this Contract agreement. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. The indemnification obligations under the Contract shall not be restricted in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor under workers' compensation acts, disability benefits acts, or other employee benefits acts, and shall extend to and include any actions brought by or in the name of any employee of the Contractor or of any third party to whom Contractor may subcontract a part or all of the Work. This indemnification shall continue beyond the date of completion of the work. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, nothing herein nor the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government insurance pool coverage shall be deemed a waiver of immunity by the County. 21 e 6299 SECTION TWO: DRAFT CONTRACT PROFESSIONAL SUPPORT SERVICES FOR PLAN REVIEW, INSPECTION SERVICES AND PLANNING/ZONING DEVELOPMENT REVIEW THIS CONTRACT (Contract or Agreement) is entered into this day of_ , 20_, by and between the Board of County Commissioners of Monroe County, Florida (hereafter"County"or"Board"), and (hereafter "Consultant"). WHEREAS, the County has certain objectives as directed and established by the Board of County Commissioners, and which are consistent with, and supportive of the Florida Building Code,the Monroe County Code of Ordinances, and all other applicable Federal, State and Local Laws governing work performed under this Contract; and WHEREAS, it has been determined that it is in the best interest of the residents of and visitors to the County that a contract for PROFESSIONAL SUPPORT SERVICES FOR PLAN REVIEW, INSPECTION SERVICES AND PLANNING/ZONING DEVELOPMENT REVIEW be entered into with a private provider of such services; and WHEREAS, Consultant desires to provide such services. NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: I. TERM OF CONTRACT This Contract shall be effective on the date above, for a period of two (2) years. The term of this Contract shall be renewable in accordance with Section V herein. Monroe County's performance and obligation to pay under 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"SCOPEOFSERVICES. III. COMPENSATION The County, in consideration of the Consultant substantially and satisfactorily performing and carrying out the objectives of the County in providing professional support services as detailed in the Scope of Services (attached hereto as EXHIBIT "A" SCOPE OF SERVICES), shall pay the Consultant based on invoices submitted by Consultant to the County's Building Department on a monthly basis. 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 22 e 6300 dates, hours of service, job classification, and description of work completed for each individual providing service under this Contract. Invoices will be paid in accordance with the Florida Local Government Prompt Payment Act, F.S. 218.70 et seq. Contractor shall submit invoices to the County with supporting documentation that is acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. IV. PAYMENT 1. Payment will be made after services are rendered in accordance with the Local Government Prompt Payment Act. 2. Any request for payment must be submitted by the Consultant as an invoice in a form satisfactory to the County Clerk (Clerk). 3. Invoices must describe in detail the services performed and the payment amount requested. 4. Invoices must be submitted in a timely manner to the office of the Building Official who will review the request and approve for payment if the invoice is deemed to be accurate and complete. If the invoice is not approved, the Consultant will be informed in writing including a detailed explanation of the deficiency that caused the disapproval of the invoice. 5. There are no reimbursable items. 6. After the Clerk of the Board examines and approves the request for payment, the County shall reimburse the Consultant by check. 7. Consultant shall provide all information necessary for the County to facilitate payment. V. RENEWAL The County shall have the option to renew this Contract after the original term, for up to four (4) additional periods of up to two (2)years each at 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 23 e 6301 to the terms and conditions set forth in these contract documents. Proof of such licenses and approvals shall be submitted to the County upon request. The Consultant has, and shall maintain throughout the term of this contract, appropriate licenses and approvals required to conduct its business and that it will at all times conduct its business activities in a reputable and professional manner. VI I. INDEPENDENT CONTRACTOR At all times and for all purposes, the Consultant, its agents and employees are strictly considered to be Independent Contractors in their performance of the work contemplated hereunder. As such, the Consultant, its agents and employees shall not be entitled to any of the benefits, rights or privileges of County employees. The provider shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. The Consultant shall provide worker's compensation insurance, any benefits as desired, and shall be responsible for all tax withholding. VIII. STAFFING Since this Contract is a service agreement, staffing is of paramount importance. Consultant shall provide services using the following standards, as a minimum requirement: 1. The Consultant shall provide at its own expense all necessary personnel to provide the services under this Contract. The personnel shall not be employees of or have any contractual relationship with the County. 2. All personnel engaged in performing services under this contract shall be fully qualified, and, if required, to be authorized or permitted under State and local law to perform such services, and Consultant shall provide immediate evidence of such authorization or permission upon request by the County. 3. The County shall, at its sole discretion, have the option to reject any individual provided to perform services under this Contract by the Consultant. 4. The Consultant shall require each of its employees to execute an acknowledgement that he/she is not an employee of County and that he/she is an employee of the Consultant and recognizes that no County benefits are available. 5. The following disciplines shall report to the Department Director or his/her designee for each discipline as follows: a. Planning: Senior Director of Planning & Environmental Resources b. Environmental Resources: Senior Director of Planning & Environmental Resources c. Building: Building Official 24 e 6302 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. IX. INDEMNIFICATION REQUIREMENTS To the fullest extent permitted by law, the Contractor covenants and agrees to defend, indemnify and hold harmless Monroe County Board of County Commissioners, and its elected and appointed officers, officials, agents, servants, employees, etc., from any and all claims, demands, or causes of action for negligence, bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, liabilities, damages, costs, penalties, and/or expenses (including but not limited to, attorney's fees and costs, such legal expenses to include costs incurred in establishing the indemnification and other rights agreed to in this Agreement, to persons or property) which arise out of and/or, in connection with, this Contract agreement. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. The indemnification obligations under the Contract shall not be restricted in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor under workers' compensation acts, disability benefits acts, or other employee benefits acts, and shall extend to and include any actions brought by or in the name of any employee of the Contractor or of any third party to whom Contractor may subcontract a part or all of the Work. This indemnification shall continue beyond the date of completion of the work. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, nothing herein nor the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government insurance pool coverage shall be deemed a waiver of immunity by the County. 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 disability; 4) The Age 25 II'' a g e 6303 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. During the performance of this Agreement, the CONTRACTOR, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor), see 2 C.F.R. Part 200, Appendix II, ¶ C, agrees as follows: 1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation,gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion,sex,sexual orientation, gender identity, or national origin. 3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's 26 e 6304 essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 4) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding,a notice to be provided,advising the said labor union or workers' representative of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. 27 e 6305 XI. RECORDS AND RIGHT TO AUDIT Consultant shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven (7) years from the termination of this agreement or in accordance with the State of Florida retention schedules (https:Hdos.fl.gov/library-archives/records-management/general-records-schedules/), whichever is greater. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for the applicable retention period following the termination of this Agreement. Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by County or the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in County's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by County's representative and/or agents or the County Clerk. County or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors' representatives. All records shall be kept for ten (10)years after Final Completion of the Project. The County Clerk possesses the independent authority to conduct an audit of Records, assets, and activities relating to this Project. If any auditor employed by the Monroe County or County Clerk determines that monies paid to Contractor pursuant to this Agreement 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 Section 55.03, F.S., running from the date the monies were paid to Contractor. The right to audit provisions survives the termination or expiration of this Agreement. XI I. STATE OF FLORIDA E-VERIFY Beginning January 1, 2021, in accordance with Section 448.095, Florida Statutes, as may be amended from time to time, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization 28 e 6306 status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. The Contractor shall comply with and be subject to the provisions of Section 448.095, Florida Statutes. Pursuant to Section 448.095: 1. A public agency, Bidder, or subcontractor who has a good faith belief that a person or an entity with which it is contracting has knowingly violated s. 448.09(1) shall terminate the contract with the person or entity. 2. A public agency that has a good faith belief that a subcontractor knowingly violated this subsection, but the Bidder otherwise complied with this subsection, shall promptly notify the Bidder and order the Bidder to immediately terminate the contract with the subcontractor. 3. A contract terminated under this paragraph is not a breach of contract and may not be considered as such. If a public agency terminates a contract with a Bidder under this paragraph, the Bidder may not be awarded a public contract for at least 1 year after the date on which the contract was terminated. A Bidder is liable for any additional costs incurred by a public agency as a result of the termination of a contract. XIII. CLAIMS FOR FEDERAL OR STATE 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 Agreement. Any conditions imposed as a result of funding that effect affect the Project will be provided to each party. XIV. PUBLIC RECORDS Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24, Article I of the Constitution of Florida. The County and 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 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 provision in the form of a court proceeding and shall,as a prevailing party, be entitled to 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 Public Records Law in order to comply with this provision. 29 II'' a g e 6307 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 would be required by the County to perform the service. b. Upon request 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. 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 for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. d. Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public 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, 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 directlyto the County, but if the County does not possess the requested records,the 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 public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision 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. Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless otherwise provided in this provision or as otherwise provided by law. 30 e 6308 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 AT: MONROE COUNTY ATTORNEYS OFFICE, 1111 12TH STREET, SUITE 408, KEY WEST, FL 33040; Ipul lli it oir imoi irO cOui ,tY,,,;fl. Ov; (305) 292- 3470. XV. UNCONTROLLABLE CIRCUMSTANCE Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d)government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project;(each, a "Uncontrollable Circumstance"). CONTRACTOR'S financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within seven (7) days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, or as soon as possible after such Uncontrollable Circumstance has occurred if reasonably unanticipated, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek a no cost Change Order for such reasonable time as the Owner's Representative may determine. XVI. ADJUDICATION OF DISPUTES OR DISAGREEMENTS Adjudication of Disputes or Disagreements: COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties,then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of Paragraph XVIII. 31 e 6309 XVII. BREACH OF TERMS BY CONSULTANT The passing, approval, and/or acceptance by the County of any defect in the services furnished by the Consultant, shall not operate as a waiver by the County of strict compliance with the terms of this Contract, and specifications covering the services. Any Consultant breach of this agreement shall be governed by Paragraph XVIII(B) below on termination for cause. XVIII. TERMINATION In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONTRACTOR. A. Either of the parties hereto may cancel this Agreement without cause by giving the other party thirty (30) days written notice of its intention to do so. B. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with five (5) calendar days' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. C. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon 30 days' notice to CONTRACTOR. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONTRACTOR shall not exceed the spending cap in this Agreement. D. For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of(1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to 32 e 6310 demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. E. For contracts of$1,000,000 or more: (1) If the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, the County shall have the option of(1) immediately terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement, at the County's option, if the conditions of Section 287.135(4), Florida Statutes, are met. or (2) If the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or if the Contractor/Consultant has been placed on a list created pursuant to Section 215.473, relating to scrutinized active business operations in Iran, or been engaged in business operations in Cuba or Syria, the County shall have the option of(1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or(2) maintaining the Agreement, at the County's option, if the conditions of Section 287.135(4), Florida Statutes, are met." XIX. ASSIGNMENT The Consultant shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the board. XX. 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 33 e 6311 Consultant. The Consultant shall possess proper licenses to perform work in accordance with these specifications throughout the term of this contract. XXI. DISCLOSURE, CONFLICT OF INTEREST,AND CODE OF ETHICS 1. Contractor warrants that he/she/it had not employed, retained, or otherwise had act on his/her/its 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 contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. 2. County and Consultant covenant that neither presently has any interest, and shall not acquire any interest, either direct or indirect,which would conflict in any manner or degree with its performance under this contract, as provided in Sec. 112.311, et. seq., Florida Statutes, and the only interest of each is to perform and receive benefits as recited in this Agreement. 3. 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. 4. The Consultant shall not provide services under this contract and shall not accept an assignment from the County for plans review or inspections on any property for which Consultant has been retained to perform plans review or inspections as a private provider. 5. The Consultant shall not perform or market private services to any property owner while Consultant is conducting plans review or inspections on behalf of the County. 6. The Consultant is required, on the first business day of each month, to inform the County of all permits in unincorporated Monroe County for which Consultant has been retained to conduct plans review or inspections as a private provider. 7. Upon execution of this Contract, Consultant shall provide the County with a list of all open permits in unincorporated Monroe County for which Consultant is or has provided plans review or inspection services as a private provider. 34 e 6312 XXII. 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. XXIII. NOTICES All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested and postage pre-paid, or by courier with proof of delivery and delivery pre-paid, to the following: FOR THE COUNTY: Monroe County Administrator and Administrative Director and Monroe County Attorney 1100 Simonton Street Monroe County Building Department 1111 121h St.,Suite 408 Key West, FL 33040 2798 Overseas Highway Key West, FL 33041 Marathon, FL 33050 Notice is deemed received by CONSULTANT/CONTRACTOR when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. FOR CONSULTANT: XXIV. TAXES The County is exempt from payment of Florida State Sales and Use taxes. The Consultant shall not be exempted byvirtue of the County's exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is the Consultant authorized to use the County's Tax Exemption Number in securing such materials. The Consultant shall be responsible for any and all taxes and withholding for any required deductions from compensation paid to its employees related to services rendered under this agreement. County shall not be responsible for payment for any of Consultant's employees. XXV. GOVERNING LAW,VENUE, INTERPRETATION This Agreement 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 35 II'' a 5 e 6313 any cause of action or ad min istrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue will lie exclusively with the appropriate court, or before the appropriate administrative body, in Monroe County, Florida. XXVI. 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). XXVII. MONROE COUNTY CODE OF ORDINANCES SECTION 2-347 The eligibility of persons to bid for the award of county contracts may be suspended pursuant to Subsection 2-347(I), Monroe County Code of Ordinances. After the contract is awarded, the employment of a suspended person is a material breach of the contract and entitles the County, in its sole discretion, to terminate the contract with no further liability to the contractor beyond payment of the portion of the contract price that may be due for work satisfactorily completed up to the date of termination. XXVIII. 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. XXIX. 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, 36 e 6314 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. XXX. ATTORNEY'S FEES AND COSTS The County and Consultant agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs as an award against the non-prevailing party, and shall include attorney's fees and court costs in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. XXXI. 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. XXXII. 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. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this Contract freely, voluntarily, and with advice of counsel. XXXIII. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Contract, County and Consultant agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Contract or provision of the services under this Contract. County and Consultant specifically agree that no party to this Contract shall be required to enter into any arbitration proceedings related to this Contract. 37 e 6315 XXXIV. 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. XXXV. 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. XXXVI. 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. XXXVII. 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. XXXVIII. 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. 38 e 6316 XXXIX. EXECUTION OF CONTRACT Upon Notice of Intent to Award by the County, the contract shall be put in final form by the Administrative Director and, upon consent and approval of the County Attorney, given to the Contractor for signature. Within ten (10) days after receipt of the contract from Administrative Director, the Contractor shall fully execute, scan and return via email one (1) original electronic copy of the Contract Agreement to the Administrative Director or designee, along with all other Contract Documents attached, including original Insurance Certificate(s) and proof of any required licenses not previously provided. If applicable, a certified copy of the recorded Public Construction Bond must be provided prior to the issuance of the Notice to Proceed as soon as possible. After approval by the BOCC and upon full execution by the County Clerk, the Administrative Director will return one fully executed copy of the Contract Agreement to the Contractor with all other Contract Documents attached as soon as practicable. In no event shall the Bidder's failure to provide satisfactory insurance certificates extend the contract time. XL. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which will be deemed to be an original, but all of which when taken together will constitute the Agreement. If any signature is delivered by email delivery of a ".pdf" format data file, such signature will create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if the ".pdf" signature was an original signature. The Contractor's transmitting an electronic signature will provide the inked original to the County, at the County's req uest. XLI. 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. XLII. 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 39 II'' a g e 6317 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 Form Workers' Compensation Statutory Employers' Liability $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease,policy limits WC2 $500,000 Bodily Injury by Disease, each employee Commercial General Liability $500,000 GL2 Vehicle Liability ($200,000 Claim; $300,000 Occurrence) -or- $300,000 Combined Single Limit VL2 Professional Liability $500,000 Per Occurrence $1,000,000 Annual Aggregate PR02 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. 40 II'' a 5 e 6318 The CONTRACTOR shall provide to the COUNTY as satisfactory evidence of the required insurance, either: • Certificate of Insurance or • Certified copy of the actual insurance policy The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty(30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the CONTRACTOR'S insurance shall not be construed as relieving the CONTRACTOR from any liability or obligation assumed underthis 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. XLIII. 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. 41 e 6319 IN WITNESS WHEREOF, each party has caused this Contract to be executed by a duly authorized representative. (SEAL) Attest: KEVIN MADOK, CLERK OF COURT BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLOIDA By: By: Deputy Clerk Mayor (SEAL) (INSERT CONSULTANT'S NAME HERE) Signature of person authorized to legally bind (entity) Attest: By: By: WITNESS Title: Title: By: WITNESS Title: STATE OF COUNTY OF On this day of 2025, before me the person whose name is subscribed above, and who produced as identification, acknowledged that he/she is the person who executed the above Contract for the purposes therein contained. Notary Public Print Name My commission expires: Seal 42 e 6320 SECTION THREE: COUNTY FORMS FORMS TO BE SUBMITTED WITH TABBED INFORMATION (SEE SECTION ONE: K) 43 e 6321 RESPONSE FORM RESPOND TO: MONROE COUNTY PURCHASING OFFICE HISTORIC GATO CIGAR FACTORY ROOM 1-213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 Name of Proposer: I acknowledge receipt of Addenda Number(s): I have included: • Lobbying and Conflict of Interest Clause • Non-Collusion Affidavit • Drug Free Workplace Form • Public Entity Crime Statement • Insurance and Indemnification Statement • Local Preference Form (if applicable) (Check mark items above,as reminder that they are included) In addition, I have included a current copy of the following professional and occupational licenses: Mailing Address: Telephone: Fax: Date: Signed: Witness: Witness: (Name) (Title) 44 Sim 6322 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE: (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 County officer or employee." (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online notarization, on (date) by (name of affiant). He/she is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC My Commission Expires: 45 II'' a g e 6323 NON-COLLUSION AFFIDAVIT I, of the city of according to law on my oath, and under penalty of perjury, depose and say that a. lam of the firm of the bidder making the Proposal for the project described in the Request for Proposals for and that I executed the said proposal with full authority to do so; b. 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 bidder or with any competitor; C. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and d. no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; e. the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online notarization, on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification)as identification. NOTARY PUBLIC My Commission Expires: 46 Sim 6324 DRUG-FREE WORKPLACE FORM In accordance with the Florida Statutes,Section 287.087, preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids or replies that are equal with respect to price, quality and service are received by the State or by any political subdivision for the procurement of commodities or contractual services,a bid,or reply received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing the bids will be followed if none of the tied vendors have a drug-free workplace program. The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publish 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. Inform employees about the dangers of drug abuse in the workplace, the business' 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. Give 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), notify the employees that, as a condition of working 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 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. Impose 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. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to(or affirmed) before me, by means of❑ physical presence or o online notarization,on (date) by (name of affiant). He/she is personally known to me or has produced (type of identification)as identification. NOTARY PUBLIC My Commission Expires: 47 ge 6325 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, proposal, or reply 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, proposals, or replies on leases of real property to a public entity, may not be awarded or 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, Florida Statutes,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 (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me by means of ❑ physical presence or ❑ online notarization, on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC My Commission Expires: 48 e 6326 INSURANCE AND INDEMNIFICATION STATEMENT Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the Respondent 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 Respondent or any of its employees, agents, contractors in any tier or other invitees during the term of this Agreement, (B) the negligence or willful misconduct of Respondent or any of its employees, agents, respondents in any tier or other invitees, or (C) Respondent'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, contractors or invitees (other than RESPONDENT). 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 completion of the project(including the work of others) is delayed or suspended as a result of the Respondent's failure to purchase or maintain the required insurance,the Respondent shall indemnify the County from any and all increased expenses resulting from such delay. In the event the work under this Agreement 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 delay. The first ten dollars ($10.00) of remuneration paid to the Respondent 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 agreement. RESPONDENT'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Respondent Signature Date 49 II'' a S e 6327 LOCAL PREFERENCE FORM A. Vendors claiming a local preference according to Ordinance 023-2009 must complete this form. Failure to complete this form will result in disqualification from receiving local vendor preference. Name of Bidder/Responder Date: 1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least one year prior to the notice or request for bid or proposal? (Please furnish copy). 2. Does the vendor have a physical business address located within Monroe County from which the vendor operates or performs business on a day to day basis that is a substantial component of the goods or services being offered to Monroe County? Address: Tel. Number: B. Does the vendor/prime contractor intend to subcontract 50%or more of the goods, services or construction to local businesses meeting the criteria above as to licensing and location? If yes, please provide: 1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one year prior to the notice or request for bid or proposal. 2. Subcontractor Address within Monroe County from which the subcontractor operates: Address: Tel. Number: Signature and Title of Authorized Signatory for Print Name Responder STATE OF COUNTY OF On this day of , 20 , before me, the undersigned notary public, personally appeared , known to me to be the person whose name is subscribed above or who produced as identification, and acknowledged that he/she is the person who executed the above Local Preference Form for the purposes therein contained. Notary Public Print Name My commission expires: Seal 50 Sim 6328 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): Respondent Vendor Name: Vendor FEIN: Vendor's Authorized Representative Name and Title: Address: City: State: Zip: Phone Number: Email Address: Vendor has reviewed Section 287.135, Florida Statutes, and in accordance with such provision of Florida law, is eligible to bid on, submit a proposal for, or enter into or renew a contract with Monroe County for goods or services. Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal,the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of $1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors List which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List,the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors List or been engaged in business operations in Cuba or Syria. Certified By: , who is authorized to sign on behalf of the above referenced company. Authorized Signature: Print Name: Title: Note:The List are available at the following Department of Management Services Site: riteIra://www.darns.irnyfllou-lida.coirn/Irausliiriess operations/state 1p uurchasliir"ng/veir"ndoir liarif ou�irnat:ioiri/coir"nvlicted suspended disc hiirmiliir"natory...coirmplaliir"nts veindou........llists 51 aSnm 6329 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES Entity/Vendor Name: Vendor FEIN: Vendor's Authorized Representative: (Name and Title) Address: City: State: Zip: Phone Number: Email Address: As a nongovernmental entity executing, renewing, or extending a contract with a government entity, Vendor is required to provide an affidavit under penalty of perjury attesting that Vendor does not use coercion for labor or services in accordance with Section 787.06, Florida Statutes. As defined in Section 787.06(2)(a), coercion means: 1. Using or threating to use physical force against any person; 2. Restraining, isolating, or confining or threating to restrain, isolate, or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt,the length and nature of the labor or service are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; 5. Causing or threating to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule II of Section 893.03 to any person for the purpose of exploitation of that person. As a person authorized to sign on behalf of Vendor, I certify under penalties of perjury that Vendor does not use coercion for labor or services in accordance with Section 787.06.Additionally,Vendor has reviewed Section 787.06, Florida Statutes, and agrees to abide by same. Certified By: , who is authorized to sign on behalf of the above referenced company. Authorized Signature: Print Name: Title: 52 Sim 6330 FOREIGN ENTITIES AFFIDAVIT F.S. 287.138 I, of the city of according to law on my oath, and under penalty of perjury, depose and say that: a. I am of the firm of ("Entity"), the bidder making the Proposal for the project described in the Request for Proposals for and that I executed the said proposal with full authority to do so; b. The Entity is not owned by the government of a foreign country of concern as defined in Section 287.138, Florida Statutes. (Source: §287.138(2)(a), Florida Statutes); C. The government of a foreign country of concern does not have a controlling interest in Entity. (Source: § 287.138(2)(b), Florida Statutes); d. Entity is not owned or controlled by the government of a foreign country of concern, as defined in Section 692.201, Florida Statutes. (Source: § 288.007(2), Florida Statutes); e. Entity is not a partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country of concern, as defined in Section 692.201, Florida Statutes, or a subsidiary of such entity. (Source: § 288.007(2), Florida Statutes); f. Entity is not a foreign principal,as defined in Section 692.201, Florida Statutes.(Source: §692.202(5)(a)(1), Florida Statutes); g. Entity is in compliance with all applicable requirements of Sections 692.202,692.203,and 692.204, Florida Statutes. h. (Only applicable if purchasing real property) Entity is not a foreign principal prohibited from purchasing the subject real property. Entity is either (a) not a person or entity described in Section 692.204(1)(a), Florida Statutes, or (b) authorized under Section 692.204(2), Florida Statutes, to purchase the subject property. Entity is in compliance with the requirements of Section 692.204, Florida Statutes. (Source: §§ 692.203(6)(a), 692.204(6)(a), Florida Statutes) i. The statements contained in this affidavit are true and correct,and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online notarization, on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification)as identification. NOTARY PUBLIC My Commission Expires: 53 Sim 6331 COMMON CARRIER RESPONSIBILITIES AFFIDAVIT F.S. 908.111 I, , of the City of , according to law on my oath, and under penalty of perjury, depose and say that: If Contractor is a common carrier, as defined by Section 908.111, Florida Statutes,then Contractor hereby certifies that it is not willfully providing and will not willfully provide any service during the Contract term in furtherance of transporting a person into this state knowing that the person is an Unauthorized Alien, except to facilitate the detention, removal, or departure of the person from this state or the United States. (Signature) Printed Name Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online notarization, on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC My Commission Expires: 54 Sim 6332 SECTION FOUR: INSURANCE REQUIREMENTS 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: Coverage Type Required Limits Insurance Manual Form Workers' Compensation Statutory $500,000 Bodily Injury by Accident Employers' Liability $500,000 Bodily Injury by Disease, policy limits WC2 $500,000 Bodily Injury by Disease, each employee Commercial General Liability $500,000 GL2 Vehicle Liability ($200,000 Claim; $300,000 Occurrence) -or- VL2 $300,000 Combined Single Limit Professional Liability $500,000 Per Occurrence PR02 51,000,000 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 55 e 6333 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 • 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. 56 e 6334 EXHIBIT "A" SCOPE OF SERVICES In order to provide the level of service desired by the Building Industry and the local citizens, the County is accepting proposals for PROFESSIONAL SUPPORT SERVICES FOR PERMITTING PLAN REVIEW, INSPECTION SERVICES AND PLANNING/ZONING DEVELOPMENT REVIEW. Responding firm(s) and/or individual(s) shall provide and perform one, some or all of the following professional services, which shall constitute the General Scope of Services under the covenants, terms and provisions of this Agreement. A. BUILDING DEPARTMENT PLAN REVIEW AND INSPECTIONS (BUILDING/ELECTRIC/PLUMBING/ MECHANICAL/FLOOD/CODE COMPLIANCE): The Building Department is seeking a Consultant to conduct building, plumbing, mechanical, electrical, flood, and related Code compliance inspections, and plan review. Permit intake and issuance services may also be needed. Work will include inspections and plan review for single family and multi-family residential, commercial, office and/or industrial projects for compliance with the latest Florida Building Code in effect. Plan review must be conducted pursuant to protocols established by the Building Official at locations within the jurisdiction of the County that provide access to the relevant permit files and plans, i.e. Upper Keys (Key Largo area); Middle Keys (Marathon area) and Lower Keys (Stock Island area.) Consultant must be available to provide services to the County by employees available during County's business hours. Consultant should provide employees who are available to work up to 40 hours per work week. Some evening or weekend hours may be necessary, depending on workload. Consultant's employees should be very detail oriented, have good reasoning skills,work with checklists to complete reviews and be able to work independently with minimum supervision. Minimum licensure as exhibited in the attached "EXHIBIT D—Section 1 (Building)" is required. B. PLANNING & ENVIRONMENTAL RESOURCES PLAN REVIEW The Planning & Environmental Resources Department is seeking a Consultant to conduct zoning plan review. Work will include review of site plans for residential, commercial, office, or industrial development, sign and fence permits for compliance with the County's land use standards contained in the Land Development Code, as well as application and site plan review for compliance and review of development applications (i.e. conditional uses, variances, land use, etc.) Plan review must be conducted at the relevant County office to ensure access to permit files, plans, maps and human resources when needed. Consultant must be available to provide services to the County by employees available during County's business hours. Consultant should provide employees who are available to work up to 40 hours per work week. Some evening or weekend hours may be necessary, depending on workload. Consultant's employees should be very detail oriented, have good reasoning skills, work with checklists to complete reviews and be able to work independently with minimum supervision. Page 1 of 6 6335 Minimum licensure as exhibited in the attached "EXHIBIT D — Section 2 (Planning) and Section 3 (Environmental Resources)" is required. C. FIRE PREVENTION PLAN REVIEW AND INSPECTIONS Consultant's employees must be qualified with the following: 1. Florida State Certified Fire Protection Engineer specializing in sprinkler systems and fire alarm systems, but qualified to review all aspects of structure and architectural design. 2. Florida State Certified Fire Safety Inspector I or II. Minimum licensure/certification as exhibited in the attached "EXHIBIT D—Section 4 (Fire)" is required. 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 Page 2 of 6 6336 construed as creating a contractual relationship between the County and any employee or representative of the Consultant. 5. The Consultant will be responsible for coordination of its work with County officials. 6. The Consultant at the conclusion of its review of each building permit,shall state in writing on forms provided by the County whether the plans reviewed or the construction inspection passed or failed. The Consultant will specify the legal reasons for a failed review or inspection, and the necessary remedial actions. 7. The Consultant shall provide to the County clear, specific, and definite written final recommendations and observations that support the Consultant's recommendations and conclusions regarding each building inspection and plan review. 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. 9. The Consultant shall not provide services under this contract and shall not accept an assignment from the County for plans review or inspections on any property for which Consultant has been retained to perform plans review or inspections as a private provider. The Consultant shall not perform or market private services to any property owner while Consultant is conducting plans review or inspections on behalf of the County. 10. The Consultant is required, on the first business day of each month, to inform the County of all permits in unincorporated Monroe County for which Consultant has been retained to conduct plans review or inspections as a private provider. Upon execution of this Contract, Consultant shall provide the County with a list of all open permits in unincorporated Monroe County for which Consultant is or has provided plans review or inspection services as a private provider. 11. All services shall be compensated at the hourly rates established in accordance with the attached schedule, EXHIBIT "C: However, the total compensation to the Consultant for services of the Consultant shall not, correspondingly, increase above those stated in the attached schedule. 12. Task order for assignment of employee(s) shall be provided to the Consultant via email with clear direction as to the tasks and dates being requested. 13. 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 Page 3 of 6 6337 1. Building Department Services (under supervision of the Building Official) a) The Consultant is to perform building, plumbing, mechanical, electrical,flood, and related Code compliance inspections,and plan review. Work to include inspections and plan review for single and multi-family residential, commercial, office or industrial projects for compliance with the technical codes applicable to the project. b) Plan review must be conducted at the relevant County offices in Key Largo(2), Marathon and/or Stock Island to ensure access to permit files and plans. c) The County Building Official will oversee the duties performed by the consultant's staff as required by F.S. 468. The Consultant's staff must be available to work up to 40 hours per week as well as some evening and weekend hours depending on the workload. 2. Planning & Environmental Resources Department (under supervision of the Senior Director, Planning and Environmental Resources) a) The Consultant is to review site plans for residential, commercial, office, or industrial development, sign and fence permits for compliance with County land use standards contained in the Land Development Code, as well as application and site plan review for compliance with the Land Development Code. b) Plan review must be conducted at the relevant County offices in Key Largo(2), Marathon and/or Stock Island to ensure access to permit files, plans, maps and human resources when needed. c) County staff will advise and direct Consultant's staff concerning work approved under the task order. The Consultant's staff must be available to work between up to 40 hours per week as well as some evening and weekend hours depending on the workload. 3. Fire Prevention Services (under supervision of the Fire Marshal) a) The Consultant is to perform fire prevention inspections and plan review. Work to include inspections and plan review for single and multi-family residential, commercial, office or industrial projects for compliance with the 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. Page 4 of 6 6338 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. 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 Page 5 of 6 6339 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. 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(gyCL V_ m Z O Vf v Q O V L YV Y Q 3 O W) c m £ c @ a z v `O V v L Y Z W = C � � G U vOi � c v v d 0 ° Z UJ o Q +r W Y r Z 3 _ w O Nf Z LA OC Q a E Lu 0 a o m N a z i 5Y ZLL �F O c O E HZj W z T LE V O CL 0 v Q _ v E N a m Vf z W () aL+ c v � v x Z'' O W ; a v 0 9 z z Lu `c v 0_ w 2 o z V 1`0 C7 Y Y V LU m a Z H O Z o O LU v LU a a w v = W O 0 v v h a y N w w Cl y � C C O kn . m Z O O w y y Cl Y C C L w w V u u a0i v w w m Q Q o D �— �— N H H N � 0 0 � C O Y n C C N i O O -0 Y v LL LL E V vOi' OJ N RESPONSE FORM RESPOND TO: K80NRDE COUNTY PURCHASING OFFICE HISTORIC GATO CIGAR FACTORY ROOM 1-213 11OOS|iNQNTONSTREET KEY WEST, FUOR|DA 33040 Name mfProposer: 1 |acknowledge receipt of Addenda Numbar(s): |have included: 0 Lobbying and Conflict of Interest Clause X___ 0 Non-Collusion Affidavit X___ 0 Drug Free Workplace Form X__ � Public Entity Crime Statement X__ m Insurance and Indemnification Statement __X�_ w Local Preference Form(if applicable) (Check In addition, I have included a current copy of the following professional and occupational licenses: State of Florida Department of State,Department of Professional Business Regulation License. Mailing Address: 345 Almeria Avenue Telephone: 3O5.4481711 Coral GauesrL.e/^° mz 4-49 Carlos Del R F" Signed: vvun Carlos A.Penin, PE Witness: (Name) Whicaue Castro President (Title) 44 | P a ge il 0 I Ili C li A 11 SIII" 0 II Il 11, II 1,0 II;[li II n//b I t II' A IIFf' II 'j II 0 I ° iijj I j, II 'a SIke, 01 0 'I1/fir G iU A l i 01 h�1 aor n�� N�t"�III�MIL ��t"�III'41 A1�«"'I i�JS Ji l�l '��ie; Ir" � y 1151„ I� ONLINE SERVICES I N DETAILS 10:48:56 AM 612312025 Allplpllly f'oir a ILiiaeinse Licensee Information do I if"eiI1seliz,, Name: ._. C.A.R ._.GOVERNMENT, INC.(Primary aerie)... Main Address: Vew IFoo(a l &Lodging Illrna,liaectivalns CORAL GABLES Florida 33134 Fiillle,as Coirmnplllaiilrnti County: DADE Coi ntlilnuulilnat IEatuucaaUoi n t:ou irs e Se«:alranlln License Information License Type: EngineeringBusinessa is Vew Alyl�allllir,«atl:iiarlrn Status Rank: Registry Find E aamll Illlrntrarrn-IlaalJoin License umber: 5344 Uirnllllia,ei nsed Aa;tV &neaarch Status: Current Licensure Date: 07/06/1989 AIE&'ll'°'ICDellllilrnc,uaelrnt Illlnrnan ce&ActliVty Expires: LJIst Se aarc[i Special aliiciEffective Qualifications Alternate Names Vew IFielllaanted L celrnse Illrntoinr n«:adnlioin Vew License t.orirnlrrllaalilnt. 2601 I311aiir Stone IlRoadjaillalhassee It'll...32399:: Email:Custoirner contact Center::Customer Contact Center:850.487.1395 The State of Florida is an AA/EEO employer.Copyright©2023 Department of Business and Professional Regulation-State of Florida.Privacy utateirmneirnt Under Florida law,email addresses are public records.If you do not want your email address released in response to a public-records request,do not send electronic mail to this entity.Instead,contact the office by phone or by traditional mail.If you have any questions,please contact 850.487.1395.*Pursuant to Section 455,275(1),Florida Statutes,effective October 1,2012,licensees licensed under Chapter 455,F.S.must provide the Department with an email address if they have one.The emails provided may be used for official communication with the licensee. However email addresses are public record.If you do not wish to supply a personal address,please provide the Department with an email address which can be made available to the public.Please see our chapter 455 page to determine if you are affected by this change, 6353 State of Florida Department of State I certify from the records of this office that C.A.P. GOVERNMENT, INC. is a corporation organized under the laws of the State of Florida, filed on April 10, 1989. The document number of this corporation is K80212. I further certify that said corporation has paid all fees due this office through December 31, 2024, that its most recent annual report/uniform business report was filed on January 9, 2024, and that its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Eleventh day of January, 2024 n Tracking Number: 1582466419CU To authenticate this certificate,visit the following site,enter this number,and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication 6354 LocalMl l es ' Ix Receipt Miafylu--Dade Crkfurlt 13 r r a of IN lu lruu I..,rv,,, eY ,¢,ruru 111. naCM MMIa'9ro`MU, m.f.NiL idVAL wWualrWWa:W.wrWs,W, a ra,w»a wr r'W aaw.°:r: lt-Ilna"am Z.' x9544 IEXPII ',E,S CAP a CYv'F# Irat A N'T Ii,w,r:M SEPTE tllBEIP 0, 2025 34 W Ak PAFRJA AVE u .A ., u, 131I34-5 r91k ,aeA A,n,ilyA, Ii, „ x MwIftC,0 �— P^W mua,'.aulww"D `. ,V�ttilr'a^,m' I�w,maw�IW..INwu'N 644". 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(,,,,,_ ;y mwwt4 No 2026 SUSOPJr k'X'.W WL'IG,C'7OPT cr t.aar ar�,rvn�;fiu mxWsora�a'si r�M n FIMu1MaEA San, 202 a + � V M-ms p"Wo.UPISh.N Amp, r"W WMW�G MK4 & 6355 2024 / 2025 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2025 RECEIPT# 29240-141661 Business Name: C.A.P. GOVERNMENT INC CARLOS A PENIN MO CTY Owner Name: Business Location: KEY WEST, FL 33040 Mailing Address: 343 ALMERIA AVE Business Phone: 305-448-1711 CORAL GABLES, FL 33134-5811 Business Type: MOBILE (CONSTRUCTION CONSULTANT) 1 Tax Amount Transfer Fee Sub-Total Penalty Prior Years Collection Cost Total Paid 12.50 0.00 12.50 0.00 0.00 0.00 12.50 Paid WRB-24-00096796 08/28/2025 12 . 50 THIS BECOMES A TAX RECEIPT Sam C. Steele, CFC, Tax Collector THIS IS ONLY A TAX. WHEN VALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEET ALL COUNTY AND/OR MUNICIPALITY PLANNING, ZONING AND LICENSING REQUIREMENTS. MONROE COUNTY BUSINESS TAX RECEIPT P.O. Box 1129, Key West, FL 33041-1129 EXPIRES SEPTEMBER 30, 2025 Business Name: C.A.P. GOVERNMENT INC RECEIPT# 29240-141661 MO CTY Business Location: KEY WEST, FL 33040 Owner Name: CARLOS A PENIN Mailing Address: Business Phone: 305-448-1711 343 ALMERIA AVE Business Type: MOBILE (CONSTRUCTION CONSULTANT) CORAL GABLES, FL 33134-5811 1 Tax Amount Transfer Fee Sub-Total Penalty Prior Years Collection Cost Total Paid 12.50 0.00 12.50 0.00 0.00 0.00 12.50 Paid WRB-24-00096796 08/28/2025 12 . 50 6356 2025 / 2026 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2026 RECEIPT# 29240-141661 Business Name: C.A.P. GOVERNMENT INC CARLOS A PENIN MO CTY Owner Name: Business Location: KEY WEST, FL 33040 Mailing Address: 343 ALMERIA AVE Business Phone: 305-448-1711 CORAL GABLES, FL 33134-5811 Business Type: MOBILE (CONSTRUCTION CONSULTANT) 1 Tax Amount Transfer Fee Sub-Total Penalty Prior Years Collection Cost Total Paid 25.00 0.00 25.00 0.00 0.00 0.00 25.00 Paid WRB-24-00096796 08/28/2025 25 . 00 THIS BECOMES A TAX RECEIPT Sam C. Steele, CFC, Tax Collector THIS IS ONLY A TAX. WHEN VALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEET ALL COUNTY AND/OR MUNICIPALITY PLANNING, ZONING AND LICENSING REQUIREMENTS. MONROE COUNTY BUSINESS TAX RECEIPT P.O. Box 1129, Key West, FL 33041-1129 EXPIRES SEPTEMBER 30, 2026 Business Name: C.A.P. GOVERNMENT INC RECEIPT# 29240-141661 MO CTY Business Location: KEY WEST, FL 33040 Owner Name: CARLOS A PENIN Mailing Address: Business Phone: 305-448-1711 343 ALMERIA AVE Business Type: MOBILE (CONSTRUCTION CONSULTANT) CORAL GABLES, FL 33134-5811 1 Tax Amount Transfer Fee Sub-Total Penalty Prior Years Collection Cost Total Paid 25.00 0.00 25.00 0.00 0.00 0.00 25.00 Paid WRB-24-00096796 08/28/2025 25 . 00 6357 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE: C.A.P.Government, Inc, (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 fee, commission, percentage, gift, or consideration paid to the former County officer or empl A (Signature) Date: 06/25/2025 STATE OF: Florida COUNTY OF: Miami-Dade Subscribed and sworn to (or affirmed) before me, by means of[A physical presence or 0 online notarization, on -(date) by CadosA. Penin, PE (name of affia nt). He/she is personally known to me or has produced (type of identification)as identification. Samantha Falla My Commission Expires: 08.11.2028 SAXWHA FAILA Notary Public-State of Flodda I Commfuion a HH 5,00611 My CmM,EXpireo AUq It,102 8 Bonded throqh NatIonal Notary Assii, 45 Page 6358 NON-COLLUSION AFFIDAVIT |, Carlos A. Pmnin. PE mfthechYmf Miami according to law onnnY oath,and under penalty of perjury, depose and say that a. | mrn The President of the firm of C.A.P. Government, Inc. the bidder making the Proposal for the project described in the Request for Proposals for and that | executed the said proposal with full authority todoso; b' 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 bidder mrwith any competitor; c unless otherwise required by law,the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly ur indirectly,to any other bidder orto any competitor; and d. no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; e, the statements contained in this affidavit are true and co/nect, andmadem/ithfuUknowdedge that Monroe County relies upon the truth of thed in thisaffidavit in awarding contracts for said project. 10 Date: 06/25/2026 STATE OF: Florida COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of 00 physical presence or L] online notarization, on date) by CaMos/� PeninPE (name nfaffiant). H�Sheispe�onaUy known tnme or has produced (type of m� ) identification, Samantha Falla NOTARY PUQ�J�Z­ NlyCommission Expires: St to a Flo"d-s H Sao Not:wy PubHc-=Statv of FlwWa C Ct:My Comm.Expires Aug 11,2D20 46 | page 6359 DRUG FREE WORKPLACE FORM In accordance with the Florida Statutes,Section 287.087, preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids or replies that are equal with respect to price, quality and service are received by the State or by any political subdivision for the procurement of commodities or contractual services,a bid,or reply received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing the bids will be followed if none of the tied vendors have a drug free workplace program. The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies thav C.A.P.Government, hc. (Name of Business) 1. Publish 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. Inform employees about the dangers of drug abuse in the workplace, the business' 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. 1 Give each employee engaged in providingthe 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), notify the employees that, as a condition of working 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 contenders 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, S. Impose 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. Make a good faith effort to continue to maintain a drug-free wrorkplough implementation of this section. As the person authorized to sign the statement, I certify that ij fi c , pail s fully ith the above requirements. (Signature) Date 06/25/2025 STATE OF: Florlda COUNTY OF: Mlami-Dade ............... Subscribed and sworn to(or affirmed)before me, by means of X physical presence or o online notarization,on (date) by......... Carlos A. Penh, PEE' (name of affiant). He/she is personally known to rne or has produced (type of identification)as identification. �17'7&a IN,7 Samantha Fa,l!g.-- NOTARY PUBLIC My Commission Expires. 08.11.2028 SAMANTHA FAI11A RtEaryPubll�-Stave.(PaOda Commtgan 0 HIM 580621 My COMM rXI71res AUI i i,ZD21 47 P a g e djr.;Bonded thrmo-i lost Rot wy faro.. 6360 PUBLIC ENTITY CRIME STATEMENT "Apersonuraffi|iatevxhohasbeenp|ecedontheo»nvictedvendorUstfu||ovving a conviction for public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid on o contract with a public entity for the construction or repair ofm public building or public work, may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or 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.O17, Florida Statutes,for CATEGORY TWO for a period of 36nnonthsfnmnn the date ofbeing placed on the convicted vendor |ist." | have read the above and state that neither C.A.P.Government, Inc. ' name) nor any Affiliate has been placed on the convicted vendor list within the last 3 Date: 06/25/2026 STATE OF: Florida COUNTY OF: Miami-Dade Subscribed and sworn to (or affirmed) before me by means mJQ9 physical presence or [] online notarization, on (date) by Carlos A. Penim, PE (name ofaffion1). He/She is personally known tomeor has produced (type uf identification) asidentification. Samantha Falla My Commission Expires: 08.11.2028 oWa otio Bonded throqh National Notry Assn, 48 | paae 6361 INSURANCE AND INDEMNIFICATION STATEMENT Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the Respondent covenants and agrees that he shall defend, indemnify and hold the COUNTY and the O3U0TY'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 tu 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 Respondent or any of its employees, agents, contractors in any tie/ or other invitees during the term of this Agreement, (B) the negligence or willful misconduct of Respondent or any of its employees,agents, respondents in any tier or other invitees, or ([) Respondent'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, contractors or invitees(other than RESPO0DENT). 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 completion of the project(including the work of others) is delayed or suspended as a result of the Respondent's failure to purchase or maintain the required insurance,the Respondent shall indemnify the County from any and all increased expenses resulting from such delay. In the event the work under this Agreement 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 delay. The first ten dollars ($10.00)of remuneration paid to the Respondent 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 agreement. RESPONDENT'S STATEMENT | understand the insurance that will be will comply in full with all the requirements. —Carlos A.Penin PE ZA 06/25/2025 Respondent Signature -~~ Date 49 pa g e N/A LOCAL PREFERENCE FORM A. Vendors claiming local preference according to OrdinanceO23-2QQ9 must complete this form. Failure to complete this form will result in disqualification from receiving local vendor preference. Name uf Bidder/Responder Date: 1. Does the vendor have a valid receiptfor the business tax paid to the Monroe CountyTax Collector dated at least one year prior to the notice or request for bid orproposal? ________(Please furnish copy). 2. Does the vendor have a physical business address located within Monroe County from which the vendor operates or performs business on a day to day basis that is a substantial component of the goods or services being offered 10 Monroe County? Address: Te|. Number� B. Does the vendor/prime contractor intend to subcontract 50%or more of the goods,services or construction to local businesses meeting the criteria above asto licensing and location? if yes, please provide: 1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one year prior 1m the notice mr request for bid mrproposal. 2. Subcontractor Address within Monroe County from which the subcontractor operates: Address: TeiNumbec Signature and Title of Authorized Signatory for Print Name Responder STATE OF COUNTY OF On this day of ____, 20____ before me, the undersigned notary public, personally appeared known to me to be the person whose name is subscribed above orwho produced as identification, and acknowledged that he/she is the person who executed the above Local Preference Form for the purposes therein contained. Notary Public Print Name K4y commission expires: Seal 50UPage 6363 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Professional Support Services for Plan Review, Inspection Services, Projec1Desoiption(s): and Planning/zoning Review Respondent Vendor Name� CAP.Govemment Inc. VendorFBN: 65-096-8213 Vendor's Authorized Representative Name and Title: Carlos A.penin. PE President Address: 348 Almeria Avenue City: State: Florida Zip 33134 Phone Number: 30544811711 Email Address: Vendor has reviewed Section 287.135, Florida Statutes, and in accordance with such provision of Florida law, is eligible to bid on,submit a proposal for,or enter into or renew a contract with Monroe County for goods or services. Section 207.136, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into o/ renewing a contract for goods or services of any amount if, at the time of contracting or renewal,the company is on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits o company from bidding on,submitting proposal for, or entering into or renewing a contract for goods or services of $1,000,000 or more, that are on either the Scrutinized Companies with Activities inSudan List orthe Scrutinized Companies with Activities in the Iran Terrorism Sectors List which were created pursuant to s. 215.473, Florida Statutes,or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent,I hereby certifythat the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List orengaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List,the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, or engaged in business operations in Cuba or Syria. 1 understand that pursuant to Section 287135, Florida Statutes, the submission of a false certification may subject company to civil penalties, a\torne\/sfeeu, and/or costs. | further understand that any contract with the County may be terminated, at the option of the County,if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List orengaged in a boycott cfIsrael or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors List or been engagedi business o donsin [ubaorGyria Certified By: Carlos A.Penin PE who is authorized to sign on behalf of the above referenced compa Authorized Signature: Print Name, -Carlos A., nin PE Tit|e Note:The List are available at the following Department of Management Services Site: h1tp://wvvvv.dms.myfUoridazom/bmsimess_operations/state_purchasimg/vendor_informatimm/cmnvicte6_amspen6eJ_diac rim inatmry_cmmpYa ints_vend or—lists 511 Page AFFIDAVIT ATTESTING TO NONCOERCIHE CONDUCT FOR LABOR OR SERVICES C.A.P. Inc,Entity/Vendor0ome� � � �Government, VendorFE|N: 62-696-8213 Vendor's Authorized Representative: Carlos A, Penin PE President (Name and Title) Address: 343 Almeria Avenue City: Coral Gables State:—Florida zip: :m/o+ Phone Number: 305.448.1711 Email Address: Asa nongovernmental entity executing, renewing, or extending a contract with a government entity, Vendor isrequired to provide an affidavit under penalty of perjury attesting that Vendor does not use coercion for labor or services in accordance with Section 787.D6, Florida Statutes. As defined in Section 787.86(2)(a),coercion means: 1. Using orthnemtin8to use physical force against any person; 2. Restraining, isolating, or confining orthreabngto restrain, isolate, or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish e debt by any person when labor orservices are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt,the length and nature of the labor or service are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa,or other immigration document, or any other actual or purported government identification document, of any person; 5. Causing orthneatinG10 cause financial harm 10 any person; 6. Enticing or luring any person by fraud mr deceit; mr 7. Providing a controlled substance as outlined in Schedule I or Schedule 11 of Section 893.03 to any person for the purpose mf exploitation of that person. As a person authorized to sign on behalf of Vendor, I certify under penalties of perjury that Vendor does not use coercion for labor or services in accordance with Section 787.06,Additionally,Vendor has reviewed Section 787.06,Florida Statutes, and agrees to abide by same. Certified By: Carlos A.Penin, PE A., who is authorized 1osign on behalf CoMp of the above referenced com pa Authorized Signature: Print Name-, Carlos A.Penin, PE Title-, 52 | pa ge FOREIGN ENTITIES AFFIDAVIT F.S.287.138 |, Carlos A. Penin, PE of the city of Miami according to law onmy oath, and under penalty wf perjury, depose and say that: a. | am The President of the firm of C.A.P.Government, Inc, ("Entity"), the bidder making the Proposal for the project described in the Request for Proposals for Monroe Qqjj� and that| executed the said pnoposa|with full authority Lodoso; b- The Entity is not owned by the government of a foreign country of concern as defined in Section 287.138, Florida Statutes. (Source: § 287.130(2)(a), Florida Statutes); c. The government ofa foreign country ofconcern does not have a controlling interest in Entity. (Source: § Z87.l38(2)(b), Florida Statutes); d. Entity is not owned or controlled by the government of a foreign country of concern,as defined in Section G92.20l, Florida Statutes. (Source: § 280.007(2), Florida Statutes); e. Entity is not a partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country of concern, as defined in Section 692.2Ol, Florida Statutes, ora subsidiary of such entity. (5ource: § 288.007(2), F|oride Statutes); f. Entity is not a foreign principal,as defined in Section 692.2O1,Florida Statutes.(Source:§EB2.2O2(5)(a)(1), Florida Statutes); 8- Entity is in compliance with all applicable requirements of Sections 692.202,692.203,and 692.204, Florida Statutes. h' (Only applicable if purchasing real property) Entity is not mforei8n principal prohibited from purchasing the subject real property. Entity is either (a) not person or entity described in Section 692.204(l)(m), Florida Statutes, or (b) authorized under Section 693.204(2), Florida Statutes, to purchase the subject property. Entity is in compliance with the requirements of Section 692,204, Florida Statutes. (Souroe: §§ 692.203(6)(a),692.204(6)(a), Florida Statutes) i The statements contained in this affidavit edge that Monroe County relies upon the truth of the stat ing contracts for said project. Date: 06/25/2025 GTATEOF� Florida COUNTY OF: Miami-Dade Subscribed and sworn to (or affirmed) before me, by means of 00 physical presence or O online notarization, on He/She is personally known tomeor has produced as identification. My Commission Expires� 08.11.2028 My Comm.Expires Aug 11,2022] 53 Page 6366 COMMON CARRIER RESPONSIBILITIES AFFIDAVIT�� 908.111 |, of the City of Miami according to |avv on my oath, and under penalty uf perjury, depose and say that: |f Contractor isa common carrier,as defined by Section 8O8.211, Florida Statutes,then Contractor hereby certifies that iL is not willfully providing and will not willfully provide any service during the Contract term in furtherance oftransporting a person into this state knowing that the pers detention, removal, or departure mf the person from this state or the United Carlos A.Ranin PE Printed Name Date: 25 STATE OF: Florida COUNTY OF: Miami-Dade Subscribed and sworn to (or affirmed) before me, by means of 00 physical presence or [] online notarization, on (date) by Carlos A. Penin, PE (name of affiant). He/She or has produced (type mf identification) asidentification. Samantha Falla My Commission Expires: 08.11.2028 'E ft=; Sanded fto*National Not"W� 54 | P a ue 6367 DATE(MM/DD/YYYY) A CERTIFICATE OF LIABILITY INSURANCE I 05/24/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this R certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Aon Risk Services Northeast, Inc. PHONE FAX Aon Risk Services Northeast, Inc. (A/C.No. Exq; 866-283-7122 [A/C. A/c No (800) 363-0105 d NY NY Office E-MAIL ap One Liberty Plaza ADDRESS: _ 165 Broadway, suite 3201 New York NY 10006 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: Hartford Fire Insurance Co. 19682 C.A.P. Government, Inc. INSURER B: Allianz Global Risks US Insurance co. 35300 343 Almeria Avenue coral Gables FL 33134 USA INSURERC: Trumbull Insurance company 27120 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570113556484 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested NSR TYPE OF INSURANCE ADD SUBR POLICY NUMBER POLICY EFF POL CY EXP LIMITS LTR INSD WVD MM/Do/ D/YYYYI B X COMMERCIAL GENERAL LIABILITY USLOO159325 Ol Ol 2025 01 01 2026 EACH OCCURRENCE $2,000,000 CLAIMS-MADE ❑X OCCUR SIR applies per policy terns & conditions DAMAGE TO RENTED $1,000,000 PREMISES fEa occurrence MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 D POLICY I X I PE ❑X LOC PRODUCTS-COMP/OP AGO $2,000,000 'm OTHER: LJ A AUTOMOBILE LIABILITY 10 AB S41202 01/01/2025 01/01/2026 COMBINED SINGLE LIMIT $2,000,000 ADS Ea accident X ANY AUTO BODILY INJURY(Per person) O Z OWNED SCHEDULED BODILY INJURY(Per accident) N AUTOS ONLY AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE V ONLY AUTOS ONLY Per accident •i (U B X UMBRELLA LIAB X OCCUR USLOO163325 01/01/2025 01/01/2026 EACH OCCURRENCE $5,000,000 L) EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED I X RETENTION$251),000 C WORKERS COMPENSATION AND 1OWNS41200 01/01/2025 01/01/2026 X I PER STATUTE I OTH- EMPLOYERS'LIABILITY ER Y/N See State Policy Addendum ANY PROPRIETOR;'PARTNER-_--" E.L.EACH ACCIDENT $1,OOO,OOO OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000—_ B Architects & Engineers USF00248025 01/01/2025 01/01/2026 Each claim $2,000,000 '- Professional claims Made Aggrgate $4,000,000 SIR applies per policy ter ins & conditions DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The Architects & Engineers policy includes coverage for Professional Liability and Contractors Pollution Liability.The Monroe County Board of County Commissioners, its employees and officials are included as Additional Insured in accordance with the policy provisions of the General Liability, Auto Liability policy.General Liability, Auto Liability evidenced herein is Primary and Non-Contributory to other insurance available to an Additional Insured, but only in accordance with the policy's provisions.A Waiver of Subrogation is granted in favor of Certificate Holder in accordance with the policy provisions of the General Liability, Auto Liability, Workers Compensation policy. r APPROVED BY RISK MANAGEMENT CERTIFICATE HOLDER 5TION DATE �•��• \NY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE —s �r N DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE WAIVER NIA XYES OVISIONS. Monroe County Board Of County EPRESENTATIVE commissioners Monroe county Administrator h/�7 �"t• 1100 Simonton street Qgem, fsLft4rc�d Jr✓A�-_Key West FL 33040 USA e.�4'1.�.�& eJ c.r/A"t�¢.u�` ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 6368 AGENCY CUSTOMER ID: 570000048582 LOC#: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMEDINSURED Aon Risk Services Northeast, Inc. C.A.P. Government, Inc. POLICY NUMBER See Certificate Number: 570113556484 CARRIER NAIC CODE See Certificate Number: 570113556484 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance workers Compensation/Employers Liability 1OWNS41200 01/01/25-01/01/26 Trumbull Insurance AR,DC,IN,LA,NE,RI,UT 1OWNS41200 01/01/25-01/01/26 Twin City Fire Insurance Company FL,ND,OH,WA,WY 1OWNS41200 01/01/25-01/01/26 Hartford Insurance Company of the Midwest AK,ID 1OWNS41200 01/01/25-01/01/26 Hartford Casualty Insurance Company MO,WV 10WN541200 01/01/25-01/01/26 Nutmeg Insurance company CT,IL 1OWNS41200 01/01/25-01/01/26 Hartford Fire Insurance Company NH,OR,PA 1OWNS41200 01/01/25-01/01/26 Hartford Accident and Indemnity Company AL,GA,KY,MI,MT,NY,TN,VT 1OWNS41200 01/01/25-01/01/26 Property & casualty Ins Co of Hartford CA,CO,DE,ME, MN,MS,SC 1OWNS41200 01/01/25-01/01/26 Hartford Insurance Company of Illinois TX 1OWNS41200 01/01/25-01/01/26 Hartford Insurance Company of the southeast KS,MD 1OWNS41200 01/01/25-01/01/26 Hartford Underwriters Insurance Company AZ,HI, NC,N3,SD,VA 1OWNS41200 01/01/25-01/01/26 Sentinel Insurance Company, Limited IA,NM,NV,OK 1OWBRS41201 01/01/25-01/01/26 Twin City Fire Insurance Company WI 1OWBRS41201 01/01/25-01/01/26 Sentinel Insurance Company, Limited MA ACORD 101(2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD 6369