HomeMy WebLinkAbout01/28/2026 Agreement
DATE: February 02, 2026
TO: Ed Koconis, Administrative Director
Permitting
FROM: Brynn Morey, Deputy Clerk
SUBJECT: January 28, 2026 BOCC Meeting
The following item has been executed and added to the record.
K1. Approval of a contract between Monroe County and All Aspects Inspection Services,
LLC, to provide tertiary backup professional support services for plan review, inspection
services, and planning/zoning development review.
Should you have any questions please feel free to contact me at (305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
PROFESSIONAL SUPPORT SERVICES FOR PLAN REVIEW, INSPECTION SERVICES AND PLANNING/ZONING
DEVELOPMENT REVIEW
THIS CONTRACT (Contractor Agreement) is entered into this _____ day of ________________, 20___, 28th January 26
by and between the Board of County Commissioners of Monroe County, Florida (hereafter “County” or “Board”),
and All Aspects Inspection Services, LLC (hereafter “Consultant” or “Contractor”), and designated as the tertiary
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 oftheFlorida 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 REVIEWbe entered into with a private provider of such services (M.T.
Causley, LLC); 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 tertiary backup contractor. Consultant will
serve as the tertiary backup contractor, to provide services if the primary and secondary contractor are 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 tertiary backup contractor for these services. Should both the
primary and secondary contractors 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.
A detailed Scope of Services is attached as EXHIBIT “A” SCOPE OF SERVICES.
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The County will request any service(s) first from the primary contractor, and next from the
secondary backup contractor should the primary contractor be unable to provide any service as
described in Exhibit “A”. If the secondary backup contractor is then unable to provide any service
requested by the County, the County may contact Consultant in order to seek its performance of
the service. This may result in individual services being proved by more than one contractor at the
same time.
In order to request a service pursuant to this paragraph and under Exhibit A, Scope of Services, the
County will email the Consultant atcorey@allaspectsflkeys.com, with a description of the service
sought. This is separate from Paragraph XXIII, Notices.
Consultant shall maintain its status as tertiary backup contractorunless 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 Countyin providing professional support servicesas 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 Departmenton 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.
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
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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 Consultantby 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 setforth 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 Contractorsin 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 tobe 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:
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1. The Consultantshall 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
(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.
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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 bythe 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 Consultantagree 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
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
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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.
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
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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.
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
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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 agentsor 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
andsupplier 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.
XII. 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.
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.
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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.
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
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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; publicrecords@monroecounty-fl.gov; (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
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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.
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
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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
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
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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.,
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.
Page 13 of 37
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 or employee of Consultant shall not perform or market private services to
any property owner during the hours that individualis conducting plans review or
inspections on behalf of the County.
6. Effective upon the County initiating Consultant’s services, as described in Section II, Scope
of Work, the Consultant is required, on the first business day of each month, to inform
the County, by email to koconis-ed@monroecounty-fl.gov, 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 the County initiating Consultant’s services, as described in Section II, Scope of Work,
Consultant shall provide the County, by email to koconis-ed@monroecounty-fl.gov, 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
th
1100 Simonton Street Monroe County Building Department 1111 12 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.
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FOR CONSULTANT:
James C Reynolds, PE
24478 Overseas Highway
Summerland Key, FL 33042
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
The eligibility of persons to bid for the award of county contracts may be suspended pursuant to
Subsection 2-347(l), 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.
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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.
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.
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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
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
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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 onthis 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
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
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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
Manual
Coverage Type Required Limits
Form
Workers’ Compensation Statutory
Employers’ Liability $500,000 Bodily Injury by Accident
WC2
$500,000 Bodily Injury by Disease, policy limits
$500,000 Bodily Injury by Disease, each
employee
Commercial General Liability $500,000GL2
Vehicle Liability ($200,000 Claim; $300,000 Occurrence)
-or-VL2
$300,000 Combined Single Limit
Professional Liability $500,000 Per Occurrence
PRO2
$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:
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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
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.
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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.
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
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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 neededfor 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
Consultant’s employees must be qualified with the following:
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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 uponlaws 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.
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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 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 on behalf of the County.
10. The Consultant or employee of Consultant shall not perform or market private services to any
property owner during the hours that individual is conducting plans review or inspections on behalf
of the County.
11. Effective upon the County initiating Consultant’s services, as described in Section II, Scope of Work,
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.
12. Upon the County initiating Consultant’s services, as described in Section II, Scope of Work,
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.
13. 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.
14. 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
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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, when needed for paper-based
applications/permits.
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
family residential, commercial, office or
inspections and plan review for single and multi-
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
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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
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
Page 27 of 37
County.Identification cards provided by the County and the Consultant must be carried by
Consultant’s employees at all times during the performance of any duties under this Agreement.
Page 28 of 37
EXHIBIT “B”
COST SUMMARY
Page 29of 37
Page 30of 37
EXHIBIT “C”
ACKNOWLEDGMENT
I am an employee with All Aspects Inspection Services, LLC. When assigned to work in Monroe
County at the Monroe County Building Department, Planning Department, and/or Fire
Department, according to a Contract between All Aspects Inspection Services, LLC and Monroe
County BOCC, I acknowledge that I am not an employee of Monroe County BOCC and am not
entitled to any benefits from Monroe County BOCC.
Compensation will be provided by All Aspects Inspection Services, LLC and Monroe County BOCC
is not responsible for paying me for my work.
I will comply with the personnel policies of All Aspects Inspection Services, LLC and will not
engage in conduct that is prohibited according to Attachment 1, Prohibited Conduct, which has
been provided to me.
_________________________________
Signature
_________________________________
Print Name
_________________________________
Date
Page 31 of 37
Attachment 1, Prohibited Conduct
A. Willful or repeated violations of County, State or Federal law or of these policies and procedures.
B.Insubordination - Refusal to respond to authority's reasonable request(s) or instruction.
C.Misconduct -Behavior not conforming to prevailing standards -Misconduct may include, but is
not limited to the following: Fighting or inflicting bodily harm on another person, gambling, dangerous
horseplay, being under the influence or possession of illegal drugs or alcoholic beverages, immoral
behavior, smoking in restricted areas, any violent act or language which adversely affects morale,
production, or maintenance of discipline. Rudeness or acts of disrespect to members of the public,
supervisors, or other employees on duty or off duty. Employees shall not consume or be under the
influence of alcoholic beverages while on duty, nor shall they use or be under the influence of,
consume or possess illegal substances while on duty, or on County property at any time.
D.Criminal, dishonest, infamous or notoriously disgraceful conduct adversely affecting the County
and Consultant (on duty or off duty).
E. Conflict of Interest – Performing or marketing private services to any property owner while
conducting plans review of inspections on behalf of the County.
F. Conviction of (or a plea of nolo contendere in connection with) a felony or gross misdemeanor, or
conviction of a misdemeanor or ordinance violation involving moral turpitude.
G. Theft or pilfering - Possessing, unauthorized use of, taking, removing, destroying or tampering with
County property without proper authorization.
H.Fraud or Dishonesty - Falsification of County documents or records, or computer-generated
records. Intentionally making false statement either oral or written about the County, its employees,
other employees of Consultant.
I. Tardiness - Failure to report to assigned workstation on or before the scheduled starting time.
J. Misuse of Time - Sleeping or other acts of inattention or neglect of duty. Unauthorized sale of
articles or services, distribution or posting of literature, canvassing, polling or petitioning.
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 or equipment.
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 -Willful or malicious destruction of County
property. Damage of property by failing to use proper equipment, care and good judgment.
N. Incompetence or Inefficiency - Inability or failure to perform work of an acceptable standard
O. Discrimination in Employment - Discriminating against an employee of Monroe County or
Consultant's employees because of race, color, national origin, sex, religion, creed, sexual
preference, handicap or age as defined in state or federal laws
P. Acceptance of unauthorized compensation.
Q. Misfeasance - The doing of a lawful act in an unlawful or improper manner so that there is an
infringement on the rights of another.
R. Smoking- Smoking of tobacco products is prohibited in all Monroe County owned or
occupied public facilities (buildings), vehicles, elevators, meeting rooms, hallways, corridors,
lobbies, water fountain areas, stairwells and entryways.
Page 32 of 37
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