Okaloosa County BOCC — April 28, 2016 — I. h. George Gray — reading text

TOURIST DEVELOPMENT DEPARTMENT MEMORANDUM DATE: April 28, 2016 TO: Tourist Development Council FROM: Ed Schroeder, Tourist Development Department Director SUBJECT: George Gray Contract STATEMENT OF ISSUE: Request approval of renewal and first amendment to Agreement for Endangered Species Turtle Survey Service (Contract # C96-0087-TDC) with George W. Gray. BACKGROUND: The initial term of the agreement expires April 30, 2016, and provides for renewals up to two (2) additional periods of one (1) year each. Renewal of both additional periods is requested through April 30, 2018, along with an increase in compensation from $47,000/year to $49,000/year, use of a County ATV to expedite the daily completion of services, and clarification on various other provisions. The TDD attorney has reviewed the draft contract; however, the County contract coordination process has not yet been completed. Pursuant to section E.200 of the TDD Manual, the Council shall review and provide a recommendation for all proposed contracts requiring Board approval. OPTIONS: Approve or Deny RECOMMENDATION TO BCC: Approve renewal and first amendment to Agreement for Endangered Species Turtle Survey Service (Contract # C96-0087-TDC) with George W. Gray.  RENEWAL AND AMENDMENT TO CONTRACT C96-0087-TDC (George W. Gray, Endangered Species Turtle Survey Service) This Renewal and First Amendment made and entered into this ____ day of _____________, 2016, hereby renews and amends contract C96-0087-TDC, dated June 4, 2013 (the “Contract”), by and between Okaloosa County, Florida, (hereinafter the “County”) and George W. Gray (hereinafter the “Contractor”). WHEREAS, on June 4, 2013, the County and Contractor entered into the Contract, which provides for turtle surveying services; and WHEREAS, the initial term of the Contract expires on April 30, 2016, however the Contract provides for renewals up to two (2) additional periods of one (1) year each; and WHEREAS, the parties desire to amend the Contract as set forth herein. NOW THEREFORE, in consideration of the mutual covenants herein and other good and valuable consideration, the parties hereby agree to renew and amend the Contract as follows: 1. The Contract is hereby renewed for both additional terms. The Contract renewal period shall begin May 1, 2016 and will expire April 30, 2018. 2. Section 3. Compensation is hereby amended to increase annual compensation from $47,000 to $49,000 and increase monthly amounts from $7,833.33 to $8,166.67. 3. Section 4.B. Survey Area is hereby amended to require the West and East sections be surveyed simultaneously. 4. Section 4.C.1. Qualifications is hereby amended to state “A valid Marine Turtle Permit from the Florida Fish and Wildlife Commission or individual operating under the permit;” 5. Section 4.D. Survey Timing is hereby amended to state “The Services are to be conducted each day, rain or shine, starting as early as practicable continuing until the Services are completed. Surveys must be finished with both West and East sections by 7:30 a.m., barring unforeseen circumstances.” 6. A new Section 4.D.1. County Staff is hereby added to state “If instructed by the Okaloosa County Tourist Development Department (TDD), Contractor shall bring a County staff member on the surveys, training him or her on correct survey methodology.” 7. A new Section 4.D.2. County ATV is hereby added to state: If needed, Contractor may use County ATV # 11Z19508. The ATV must be picked up and returned to 105 Santa Rosa Blvd, Fort Walton Beach, FL before and after each survey. This requirement may be modified with prior written approval of the TDD Director. The County will be responsible for 1  providing maintenance of the ATV. However, Contractor shall be solely responsible for loss, theft, or any other harm to the ATV that occurs while in his possession up to the full replacement cost of the ATV. Contractor expressly acknowledges that it has received full and complete ATV operating instructions and assumes all responsibility for instructing and training its agents or employees regarding the use and operation of the ATV. Contractor further acknowledges that it has obtained additional insurance coverage for its use of the ATV. 8. Section F. Education Activities is hereby amended to state “The Contractor shall conduct two (2) educational beach walks per week to educate the public about marine turtles, beginning in June and ending at the close of October. Education beach walks will be conducted both in the classroom and then on the beach itself, and will last between 45 minutes and an hour, weather permitting. Materials used on the educational beach walks must be approved in advance by the TDD. The Contractor shall work with TDD staff to create an automated sign-in form on the County’s leisure website to automate the sign-up and confirmation process.” 9. The list of topics under Section F. Education Activities is hereby amended to include “Natural ecosystems of Florida.” 10. The County’s address under Section 11 Notices is hereby amended from 1804 Lewis Turner Blvd., Ste. 100, Fort Walton Beach, FL 32547 to 1250 N. Eglin Parkway, Ste. 102, Shalimar, FL 32579. 11. A new Section 16. Public Records is hereby added as follows: 16. Public Records 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 OKALOOSA COUNTY RISK MANAGEMENT DEPARTMENT 5479 OLD BETHEL ROAD CRESTVIEW, FL 32536 PHONE: (850) 689-5977 riskinfo@co.okaloosa.fl.us. Contractor must comply with the public records laws, Florida Statute chapter 119, specifically Contractor must: 1. Keep and maintain public records required by the County to perform the service. 2. Upon request from the County’s custodian of public 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 chapter 119 Florida Statutes or as otherwise provided by law. 2  3. 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. 4. 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 required by the County to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining the public records. All records stored electronically must be provided to the public agency, upon the request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. 12. All other provisions of the Contract shall remain in full force and effect through the duration of the renewal. IN WITNESS WHEREOF, the parties hereto have executed this renewal and amendment as of the day and year first written. OKALOOSA COUNTY, FLORIDA ____________________________________ Charles K. Windes, Jr., Chairman Date: _____________________ ATTEST: _______________________________ J.D. Peacock II, Clerk 3  GEORGE W. GRAY _____________________________ George W. Gray Date: __________________________ Witnesses: _______________________________ Sign _______________________________ Print Name _______________________________ Sign _______________________________ Print Name 4