Okaloosa County BOCC — January 21, 2014 — Avcon — reading text

anyone other than the CONSULTANT, and COUNTY. Therefore, there are no third party beneficiaries of this Agreement. ARTICLE 35: PUBLIC ENTITY CRIME INFORMATION 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 on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform works 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, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. ARTICLE 36: EXEMPTION The engagement of certain professional services, including those required by the Request for Proposal, is exempt from the provisions of the Administrative Procedure Act, Chapter 120, Florida Statutes, as amended, and therefore are not to be subject to the appeal process therein described at any time during the solicitation of selection period. ARTICLE 37: HEADINGS The headings of the sections of this Agreement are for the purpose of convenience only and shall not be deemed to expand or limit the provisions contained in such sections. Page 19 of 20 ARTICLE 38: ENTIRE AGREEMENT This Agreement (consisting of pages 1 through 20, inclusive) together with Exhibit 2: Task Order, Exhibit 2: Compensation and Method of Payment, and each separately authorized Task Order issued hereunder, constitutes the entire and integrated Agreement between the COUNTY and the CONSULTANT and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement and said attachments may only be amended, supplemented, modified, or canceled by written instrument signed by an authorized representative of each party to be bound thereby. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized representatives as of the day and year first above written. Accepted by: COUNTY Accepted by: CONSULTANT OKALOOSA COUNTY BOARD OF AVCON, INC. COUNTY COMMISSIONERS By: By: A. avvolep ep Printed Name: Printed Name: Sandeep Singh Title: Title: President ATTEST: ATTEST: He By: le Printed Name: Printed nde James A. Kriss Title: Title: Secretary Page 20 of 20 EXHIBIT 1: TASK ORDER (SAMPLE) Professional Architectural, Engineering, and Aviation Planning Services Okaloosa County Airports System Task Order No. AVCON, INC., a Florida Corporation (hereinafter “CONSULTANT”) agrees to perform and complete the following services (hereinafter “Services”) for the Okaloosa County Board of County Commissioners (hereinafter “COUNTY”), in accordance with the terms and conditions of the Agreement for Professional Architectural, Engineering, and Aviation Planning Services, dated , 20 , all of which terms and conditions are incorporated herein by reference. 1. Task Location: 2. Task Name: 3. Task Description/Scope of Services: 4. Compensation: 5. Schedule: 6. Deliverables: 7. Other Considerations: Accepted by: Accepted by: Okaloosa County Board of AVCON, INC. County Commissioners By: By: Printed Name: Printed Name: Title: Title: ATTEST: ATTEST: By: By: Printed Name: Printed Name: Title: Title: Exhibit 1: Page 1 of 1 EXHIBIT 2: COMPENSATION AND METHOD OF PAYMENT Professional Architectural, Engineering, and Aviation Planning Services Okaloosa County Airports System Services to be performed by: AVCON, INC. (CONSULTANT) Client: Okaloosa County Board of County Commissioners (COUNTY) A. COMPENSATION The COUNTY agrees to pay the CONSULTANT as compensation for all Services described with each separately authorized Task Order pursuant to this Agreement which such amount shall be payable to the CONSULTANT as provided below. The COUNTY shall pay the CONSULTANT monthly for such services. B. METHOD OF PAYMENT The method of payment for all Services rendered under this Agreement shall be in accordance with the method of payment authorized under each separately authorized Task Order. Lump Sum Amount: | Method of compensation for Basic Services and/or Additional Services rendered by the CONSULTANT for which a lump sum (LS) amount has been derived for such services based on the hourly rates and expenses provided below and approved by the COUNTY in advance in writing. Not-To-Exceed Basis: The parties may agree that the CONSULTANT shall provide Basic Services and/or Additional Services on a Not-To-Exceed (NTE) basis (or “time-and-materials” basis) for the actual time worked on the project based on the hourly rates and expenses provided below and subject to negotiations. HOURLY RATES PRINCIPAL $180.00 QUALITY CONTROL REVIEWER $160.00 SR. PROJECT MANAGER $150.00 SR. PROFESSIONAL MANAGER $135.00 SR. STRUCTUAL ENGINEER $135.00 SR. ELECTRICAL ENGINEER $135.00 PROJECT MANAGER $120.00 PROJECT COORDINATOR $110.00 PROFESSIONAL ENGINEER $100.00 ENGINEER INTERN II $ 75.00 ENGINEER INTERN I $ 70.00 SENIOR PLANNER $ 95.00 PLANNER $ 80.00 SR. CAD DESIGNER $ 75.00 CAD DESIGNER $ 65.00 CAD TECHNICIAN $ 60.00 CLERICAL $ 45.00 CONSTRUCTION INSPECTOR $ 70.00 Exhibit 2: Page 1 of 2 REIMBURSABLE EXPENSES Auto: Mileage (per mile) $ 0.58 Expenses associated with travel, lodging, per diem, postage, phone/fax, reproduction, copies, prints, and plots, will be negotiated per project task order. If the COUNTY and the CONSULTANT are unable to mutually agree to terms and compensation for services requested by the COUNTY, then the COUNTY reserves the right to enter into a separate contract with other professional service firm or firms to perform the services requested by the COUNTY. Exhibit 2: Page 2 of 2