Okaloosa County BOCC — January 21, 2014 — Hatch Mott — reading text

materials used to fulfill contractual obligations with the COUNTY, nor is the CONSULTANT authorized to use the COUNTY‘s tax exemption number in securing such materials. The CONSULTANT shall be responsible for payment of his/her own FICA and Social Security benefits with respect to this Agreement. ARTICLE 32: CONFLICT OF INTEREST 32.1 32.2 32.3 The CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for by applicable law. The CONSULTANT further represents that no person having any interest shall be employed for said performance. The award hereunder is subject to provisions of Chapter 112, Florida Statutes. The CONSULTANT must disclose the name of any officer, director, or agent who is also a public officer or an employee of the Okaloosa Board of County Commissioners, or any of its agencies. Furthermore, the CONSULTANT must disclose the name of any County officer or employee who owns, directly or Indirectly, an interest of five percent (5%) or more in the firm or any of its branches. Furthermore, the CONSULTANT, prior to executing this Agreement, must file a statement with the Clerk of Circuit Court of Okaloosa County if he is an officer or an employee of the County, disclosing his or spouses or child’s interest, and the nature of the intended business. This certification form, if applicable, shall be made a part of this Agreement. The CONSULTANT shall promptly notify the COUNTY in writing by certified mail of all potential conflicts of interest for any prospective business association, interest or other circumstance which may influence or appear to influence the CONSULTANT'S judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the CONSULTANT may undertake and request an opinion of the COUNTY as to whether the association, interest or circumstance would, in the opinion of the COUNTY, constitute a conflict of interest if entered into by the CONSULTANT. The COUNTY agrees to notify the CONSULTANT of its opinion by certified mail within 30 days of receipt of notification by the CONSULTANT. If, in the opinion of the COUNTY, the prospective business association, interest or circumstance would not constitute a conflict of interest by the CONSULTANT, the COUNTY shall so state in the notification and the CONSULTANT may, at his/her option, enter into said association, interest or circumstance and it shall be deemed not a conflict of interest with respect to services provided to the COUNTY by the CONSULTANT under the terms of this Agreement. Page 18 of 20 ARTICLE 33: RETENTION OF RECORDS CONSULTANT shail retain complete and accurate analytical and financial records of all work performed pursuant to this Agreement for a period of two (2) years following completion of services under a Task Order. This record retention period may, upon notice to the CONSULTANT by COUNTY, be automatically extended during the course of any administrative or judicial action involving the COUNTY regarding matters to which the records are relevant. ARTICLE 34: NO THIRD PARTY BENEFICIARY RIGHTS Nothing in this Agreement shall be interpreted or construed to give any rights or benefits to 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 19, inclusive} together with Exhibit 1: 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 OKALOOSA COUNTY BOARD OF COUNTY COMMISSIONERS By: Printed Name: Title: ATTEST: By: Printed Name: Title: Accepted by: CONSULTANT HATCH MOTT MACDONALD FLORIDA, LLC hub Printed Name: Albert N. Beninato Title: _ Executiv ATTEST: a ae By: Live Lb. a ete oe Printed Name: Mark G. O'Connor Title: Assistant Secretary Page 20 of 20 EXHIBIT 1: TASK ORDER (SAMPLE) Professional Architectural, Engineering, and Aviation Planning Services Okaloosa County Airports System Task Order No. HATCH MOTT MACDONALD FLORIDA, LLC, 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 December 12 , 2013, 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 County Commissioners HATCH MOTT MACDONALD FLORIDA, LLC By: By: Printed Name: Printed Name: Title: Title: ATTEST: ATTEST: By: By: Printed Name: Title: Printed Name: 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: HATCH MOTT MACDONALD FLORIDA, LLC (CONSULTANT) Client: Okaloosa County Board of County Commissioners (COUNTY) A. ENS, 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 “NO CONTACT CLAUSE” The Okaloosa County Board of County Commissioners have established a solicitation silence policy (No Contact Clause) that prohibits oral and written communication regarding ail formal solicitations for goods and services (formal bids, Request for Proposals, Requests for Qualifications) issued by the Board through the County Purchasing Department. The period commences when the Procurement document is received and terminates when the Board of County Commissioners approves an award, When the solicitation silence period is in effect, no oral or written communication is allowed regarding the solicitation between prospective bidders/proposers and members of the Board of County Commissioners, the County Administrator or members of the Board Approved Review Committee. All questions or requests for information regarding the solicitation must be directed to the designated Purchasing Representative listed in the solicitation. Any information thought to affect the committee or staff recommendation submitted after bids are due, should be directed to the Purchasing Director or his appointed representative. It shall be the Purchasing Director's decision whether to consider this information in the decision process. Any attempt by a vendor/proposer to influence a member or members of the aforementioned shall be grounds to disqualify the proposer from consideration during the selection process. All proposers must agree to comply with this policy by signing the following statement and i ital. inct representing Hatch Mott MacDonald Florida, LLC Company Name Signature Hereby agree to abide by the County’s “No Contact Clause” and understand violation of this Policy shall result in disqualification of my proposal/submittal. 10 FEDERAL E-VERIFY COMPLIANCE CERTIFICATION In accordance with Okaloosa County Policy and Executive Order Number 11-116 from the office of the Governor if the State of Florida, Proposer hereby certifies that the U.S. Department of Homeland Security’s E-Verify system will be used to verify the employment eligibility of all new employees hired by the contractor during the contract term, and shall expressly require any subcontractors performing work or providing services pursuant to the contact to likewise utilize the U.S. Department of Homeland Securities E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term; and shall provide documentation such verification to the