Okaloosa County BOCC — July 2, 2013 — Genesis Amendment — reading text

AMENDMENT TO CONTRACT #C91-0088-TDC This AMENDMENT to Contract #C91-0088-TDC dated the day of , 2013, by and between the Okaloosa County Tourist Development Department (TDD) and Genesis Group Professional Services, 9822 Tapestry Park Circle, Suite 201, Jacksonville, FL 32246, for general consulting services involving planning in support of the TDD within Contract #C91-0088-TDC effective March 26, 1991, is revised as follows: 1) Replace Page 8 of Contract #C91-0088-TDC (Master Consulting Agreement), “Genesis Professional Services, Inc. Rate Sheet,” with the attached “Genesis Group Standard Hourly Rate Schedule (Valid through December 31, 2013)” as Page 8 of amended Contract #C91-0088-TDC. IN WITNESS nan the Purchasing Director by authority vested in him, has hereunto subscribed his name on behalf of the County of Okaloosa, Florida, the Owner, and the said CHA ld Cc. ay) has hereto fixed his signature the day and year above written. WITNESS: GENESIS GROUP Nora Poumon. By Well Z M , } Uf, f Print Name: May. Llewellyn, P.E. Title CEO/President STATE OF FLORIDA COUNTY OF OKALOOSA This Amendment to Contract is accepted this day of , 2013, and is effective on the day of , 2013. APPROVED: COUNTY QF QKALOOSA) FLORIDA a By __“°¢ . Ernie Padgett, County ‘Admit strator Richard L. Brannon, Purchasing Director APPROVED: BOARD OF COMMISSIONERS OKALOOSA COUNTY, FLORIDA Don R. Amunds, Chairman Staff Type Senior Land Use Planner Regulatory Specialist Graphics Specialist Landscape Architecture Administrative /-GENESIS GROUP FROM visSton ¥0° REBALITY Standard Hourly Rate Schedule (Okaloosa County Contract # C91-0088-TDI-05) (Valid through December 31, 2013) Hourly Rate $102.60 $90.00 $45.00 $75.00 $40.00 Board of County Commissioners SL ODES $ 4 10 1 [2/3 MIS Ie 12 lel 20 (State ot tortda EXHIBIT B —_ State of Florida ees CONTRACT, LEASE, AGREEMENT CONTROL FORM | | Date: _ — sled | : | ContractiLease C Control #: eo 04: CORR: yor - oS ; _ Bid _ _ wi a -Contract/LeaseType: Nppouut | Award To/Lessee: beeaie Pots. Seances 7 Lessor: = Effective Date: 7 = _ _ 3{zdar ; | “Term: sper 43950 Hn PB, Buses. | Description of Contract/Lease: DO Subpaor- aF THe TDC Department Manager: Toe __ Department Monitor: DAeber JIS - Monitor's Telephone #: 6S1- 7131 ‘Monitor's FAX #: | a GSIl- 149 | Date Closed: © | | Oyirener Derxeuan , pezio [0 Pemidle $3509 loti lot. ACY Mbbeues (74 Ruz die, ery Moe 68. bad Is Poe pribarcn Bee fey FILE COPY. iolislar _ MASTER CONSULTING AGREEMENT De AvEH _ THIS AGREEMENT, made and entered into this 26th day of March, 1991 by and between: Okaloosa County “Tourist Development Council - Post Office Box 609 Fort Walton Beach, Florida 32549-0609 (hereinafter referred to as "Client") and GENESIS PROFESSIONAL SERVICES, INC. 8380 Baymeadows Road, Suite 16 Jacksonville, Florida 32256 _ Oo ' (hereinafter referred to as "Genesis") WHEREAS, Client intends to employ Genesis to perform general consulting services involving planning for the client and | WHEREAS, client and Genesis, in consideration of their — mutual covenants with respect to the performance of professional “services _ by Genesis and the payment of -those services by Client, and | | WHEREAS , Genesis shall serve as Client's professional representative in “each service or project to which this Agreement _ applies and will give consultation and advice to Client during the. ; performance of his services, The Client and Genesis agree as set forth below: ARTICLE 1. - _SCOPE OF SERVICES 7 It is understood and agreed that the ‘scope of ‘this _ contract will consist of various services related to | “properties: owned by the Client and that each of these services will be authorized ‘either under a continuing services authorization or in the: case of any specific work task exceeding the amount of ($3500, must be authorized separately by a / Supplemental. Agreement| as - part of the initiation of any service exceeding $3500, ‘Genesis will. prepare for the Client a supplemental Agreement including a detailed scope of work and method of compensation. _ Continuing services each month may include attendance by either Brian Wheeler or Todd Deming at a monthly meeting and various work tasks determined at that meeting. ARTICLE 2. _ METHOD OF AUTHORIZATION ‘The Client hereby authorizes Genesis to perform. services — each month on a "cost. plus" — basis with the exception of those services which fall under a Supplemental Agreement described above. This Supplemental Agreement ‘shall include as scope of work, compensation, project . schedule, and special provisions or conditions specific to the service or project being authorized. | | y | Authorization of services or projects under this Supplemental Agreement shall be at the sole option of the Client. ARTICLE 3. - COMPENSATION - It is understood and agreed that the payment of compensation for services under this, contract ‘shall be as follows: Cost Plus - For continuing services, payment shall be - based on standard hourly rates attached | hereto. _ Work ' shall be authorized verbally by the Client on. a month by ‘month basis. Work ‘to be completed shall not exceed an | amount of $3, 500. 00 1 per month without prior. authorization of the Client. Work which is: performed ina | Supplemental Agreement shall contain a not to exceed amount if deemed ; appropriate by the Client. Lump Sum Amount. ~ ‘The Client and Genesis shall mutually agree to. a. lump sum amount for the service to be rendered payable as each work task is complete, or monthly, whichever comes first. | Retainer for Services | - The “Client if so desired can choose to hire Genesis on a retainer basis. This would entitle the Client to 45 hours of either. Brian Wheeler or Todd Deming’ s time per month at a preferential rate of $3,500. 00. Other less expensive personnel would not be applicable unless the $3,500.00 fee’ amount has not been reached during the month. ARTICLE 4, - REIMBURSABLE EXPENSES Reimbursable. expenses are in addition to professional | fees in Article 3, and consist of actual expenditures made by Genesis, its employees. or its consultants in the. interest of the project for the incidental expenses listed as follows: 4.10 Expenses of _ transportation and living when traveling in) connection with the project, for long distance calls; and fees paid for securing approval | of authorities having — jurisdiction over the Project. | | | - 4.2 Expenses. of computer costs, reproduction, supplies, overnight deliveries, postage and handling of ‘drawings and specifications. 4.3 Expense of subcontractors Or consultants identified in "supplemental Agreements. | _ ARTICLE 5. - LATE PAYMENT “Unless the Client legitimately disputes such invoice or the work reflected hereby, if the Client- fails to make any payment due Genesis for services and expenses within forty- five (45) days after receipt of an invoice therefrom, the amounts due Genesis shall accrue interest at eight percent (8%) from the thirtieth (30th) day: and in addition, unless the ‘Client legitimately disputes such invoice Or the work reflected thereby, Genesis may, after giving seven (7) days written notice to the Client, suspend services under this Agreement without incurring liability due to Suspension until Genesis has been paid in full all amounts due him for services and expenses. we df -. ARTICLE 6. = ACCOUNTING RECORDS: Records of Genesis. pertaining to- the services provided hereunder shall be kept on a basis of generally accepted accounting principles and. shall be available to the Client or the Client’ S "authorized representative for observation or audit at mutually agreeable times. ARTICLE / = REUSE OF DOCUMENTS All documents “including drawings and “specifications 3 furnished by Genesis pursuant to this ‘Agreement’ are instruments of service. They are not intended or represented to be suitable for "reuse by Client. or others on extension of the work for which they were provided or. on any other project. any reuse without specific written verification ‘or adaptation by Genesis: will be. at the Client’ Ss sole. risk and without liability or legal exposure to Genesis, and Client shall indemnify and hold harmless Genesis for ‘all, claims, ‘damages, losses and expenses including attorneys: S- fees arising out of or resulting therefrom.” Any such. verification or adaptation Will entitle Genesis to further compensation at rates to be agreed upon by Client and Genesis. Notwithstanding the foregoing language, it is understood and agreed by the parties that all such documents are the property of the Client, and not Genesis. The Client hereby | acknowledges that receipt of ten dollars ($10.00) and other goods and valuable considerations from Genesis which will have been paid to Client as specific consideration for the indemnification provided herein. —~5— ARTICLE 8. - ESTIMATE OF COST ‘Since Genesis: has no control over the cost. of labor, materials | or equipment or over a contractor’ Ss (3") methods of determining prices, or over competitive | bidding or market conditions, his opinions of probable cost provided as a service hereunder are to be made on ‘the basis of. his: experience and qualifications and represent: his best judgement a8 a design | professional familiar with the construction industry, but Genesis __ cannot and does not guarantee that proposals, bids, or the | construction costs will not vary from opinions of probable cost | prepared by him. ‘Tet the Client wishes greater assurance as. to the construction cost, he shall employ an independent cost estimator at. his own expense. Services to modify approved documents to bring the construction cost within any limitation established by the client will ‘be considered additional services and justify additional fees. ARTICLE 9. - INSURANCE Genesis shall, at its own expense, maintain insurance during the performance of its services under this Agreement , with limits of liability not less than the following: Workmen's Compensation Statutory General Liability Bodily Injury (Including Contractual) $1,000,000 Property Damage | | (Including Contractual) $1,000,000 Automobile Liability oe | _ Bodily Injury | S$ 500,000 Property Damage | Professional [i ability S 300,000 ARTICLE 10. - TERMINATION Either the Client or Genesis may terminate this Agreement without cause upon thirty (30) day’ s written notice. At such time as Genesis receives. ‘notification of the > intent of. the Client. to terminate the contract, Genesis shall not perform further services, — In the event of any termination, Genesis will be paid for services rendered to the date of termination and all reimbursable expenses incurred to the date of termination. ARTICLE 11. - SUCCESSORS AND ASSIGNS The Client | and Genesis each binds himself and his partners, successors, assigns, and legal representatives to. » the other party of this) Agreement and to the partners, successors, assigns and legal representative of such other ‘party with respect to all covenants of this Agreement. / Neither the Client nor Genesis. shall assign, sublet or transfer any interest. in the Agreement . without the written consent of the other. | IN WITNESS WHEREOF, the parties hereto have caused these present to be executed the dav and vear first above written. GENESIS PROFESSIONAL SERVICES, INC. Vice Pfesident Okaloosa County Tourist Development Council | By\Z a, Ty nb | [77 | Chairman, Board of County Commissioners GENESIS PROFESSIONAL SERVICES, INC. Rate Sheet J. Todd Deming || _ 7 . $102.60 per ‘Hour Senior Land Use Planner _ - a _ oe | G. Brian Wheeler — | | . — 90.00 per Hour - Regulatory Specialist - 7 oe : Howard Owen _ Se 7 45.00 per Hour Graphics Specialist © a | a _ | (Preparation of Exhibits) - Joseph Petrich a ” 75.00. per Hour | _ Landscape Architecture | | a 3 = 7 | oe. Peggy Meyers | : _ - ee | 40.00 per Hour | Administrative | : ; | OO -