Okaloosa County BOCC — January 30, 2013 — Contract — reading text

od have reviewed the Tourist Developm ent ( Okaloosa County P the above-reference: d Contract and find i Depart nent Operations go onset and applicable local, sta ‘urchasing NV d re gulations. MENT made and entered into on this _ day of , 2013, by and between the OKALOOSA COUNTY, FLORIDA, a political subdivision of the State of Florida ("Okaloosa County" or “County”) and GEORGE W. GRAY, a private individual C'Contractor"). S REAS, Okaloosa County desires turtle surveying services; and REAS, Contractor has offered to render certain surveying services as more fully described in this Agreement, and has the qualifications, experience and resources to rm such services; and REAS, pursuant to Florida law, these services are required to be performed in order for the County to mechanically clean the beaches during the marine turtle nesting season which begins on May 1"; and WHEREAS, Contractor is currently the only pern ittee authorized by the Florida ildlife Commission to perform such services within Okaloosa County; and REAS, Okaloosa County has determined that these services may be sole sourced to the Contractor in accordance with the requirements of law and County policy; and HEIREAS, Okaloosa County has determined that it would be in the best interest of the County to enter into this Agreement with the Contractor for the rendering of those services described in this Agreement. ORE, in consideration of the mutual benefits and promises contained herein, and reliance hereon, the parties agree as follows: Recitals. The recitals set forth above are true and correct and are incorporated herein as essential terms of this Agreement. 2. m. Lhe term 1, 2013, with the option to renew for two (2) additional periods of one (1) year each by mutual agreement of the parties, unless earlier terminated in accordance with the provisions contained in this Agreement. Contractor hereby acknowledges that this Agreement is completely dependent on the appropriation of legally available funds by the Okaloosa County and agrees that in the event such funds are not appropriated for any reason this Agreement shall terminate and be considered as void with neither party having any further obligation or liability related thereto. 3. Compensation. Okaloosa County shall pay the Contractor for full and tin iely performance of its obligations hereunder, a total amount not to exceed $47,000 per calendar year to be paid in monthly installments as follows: A. MONTHLY PAYMENTS AND INVOICES -_ For each year of this Agreement, the Contractor shall invoice the County in six (6) equal monthly amounts of $7,833.33 for Services performed during turtle nesting season (May 1 to October 31°). The first invoice shall be submitted in June of 2013. The amounts billed monthly shall be for services provided during the prior month. All invoices for services rendered shall be submitted in detail sufficient for proper pre-audit and post- audit review to msure that the services were performed and that the correct amount has been invoiced. General Scope of W A. SCOPE OF WORK. Contractor shall perform daily marine turtle track and nesting surveys, marking and monitoring in accordance with the requirements of the Florida Fish and Wildlife Commission and its Marine Turtle Permit (“Services”). These daily services shall commence yearly on May 1“ and continue daily through October 31. such Services along the entire AREA. Contractor shall perform sand areas seaward of the primary dune system in the shoreline area and related dry following areas: West Section. From the boundary of the U.S. Air Force reservation rty at the El Matador Condominiums (Latitude: 30°23'49.384"N, Longitude: W) going east to the boundary of the U.S. Air Force property adjacent to C. Beasley County Park (Latitude: 30°23'35.60"N, Longitude: 86°34'S8.60"W '). This West section of the total survey area contains approximately 3.5 miles of shoreline. 2. East Section. From the eastern boundary of Okaloosa County (Latitude: 30°22'46.13"N, Longitude: 86°23'50.31"W) west to the East Jetty at the East Pass then north along the eastern shore of the East Pass for approximately 1/4 of a mile (Latitude: 30°23'12.53"N, Longitude: 86°30'23.81"W). This East section of the total survey area contains approximately 5.3 miles of shoreline. NOTE: This section does not include the area of shoreline within the boundaries of the Henderson Beach State Park. The Services shall be performed by individual(s) with the following: ‘ildlife 1. A valid Marine Turtle Permit from the Florida Fish and W Commission; 2. Demonstrated ability to conduct marine turtle educational activities on the beaches of Okaloosa County; 3. Specific training in nesting survey patrol; and 4. Any authorization from Okaloosa County and/or the City of Destin for the operation of vehicles on the beach. It shall be the responsibility of the Contractor to obtain any and all authorization necessary to carry out the performance of the Services. D. SUR The Services are to be conducted each day, rain or shine, starting as early as practicable continuing until the Services are completed. Newly discovered turtle tracks must be appropriately marked, and written and/or electronic report(s) submitted to the Okaloosa County Tourist Development Department (TDD) Coastal Management Coordinator or his designee as soon as possible after discovery and marking. Contractor shall maintain complete records of all of the Contractor's activities, including by way of example and not limitation, the beginning and ending time of each survey, the names of the personnel conducting the survey, the location of the tracks reported, and the description of any action taken by personnel submitting such report. These records shall be submitted to the TDD after the contract period or on demand as required. In addition, the County may request such additional information and/or reports related to Contractor’s activities under this Agreement. Final payment may be vey report and documentation necessary are presented to ithheld until the year-end sur the Coastal Management Coordinator by the Contractor. The Contractor shall conduct four (4) educational classes per week to educate the public about marine turtles. Topics may include: ° Beachtront lighting impacts e Marine debris impacts e Poaching e Natural and exotic predators e Propeller/boat injury impacts e Beach armoring impacts ° TEDs (Turtle Excluder Devices) and the shrimp fishery ° Impacts by other fisheries (gill net, longline, etc.) e Impacts caused by human nighttime activity on the beach ‘ildlife Refuge e Archie Carr National V ° Non-nesting turtles (false crawls) ° International trade (CITES) ° Fibropapillomas ° FWC’s non-manipulation or “hands off’ management strategy ° Significance of Florida's nesting population This requirement may be modified with prior written approval of the TDD Director. The TDD will assist the Contractor in these activities as appropriate and may provide equipment and other materials as necessary. 5. Indemnification. To the fullest extent permitted by law, Contractor shall indemnify and hold harmless County, its officers and employees from liabilities, damages, losses, and costs including but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the Contractor and other persons employed or utilized by the Contractor in the performance of this Agreement. 6. Imsurance. Before commencing work and at all times throughout the term of this Agreement, Contractor shall maintain at least the following insurance coverage: A. General Liability insurance through a company reasonably acceptable to Okaloosa County with minimum limits of three hundred thousand dollars ($300,000.00) for bodily thousand dollars ($50,000.00) for injury and death per occurrence, and not less than fifty damage to property per occurrence. B. Automobile Liability insurance though a company reasonably acceptable to Okaloosa County with minimum limits of three hundred thousand dollars ($300,000.00) for thousand dollars ($50,000.00) bodily injury and death per occurrence, and not less than fifty for damage to proper ty per occurrence. C. Worker's Compensation insurance to cover all employees working in any capacity in this work or a statement specifying basis for exemption for such payments. In general, each policy should name Okaloosa County, its officers, agents, and (30) days advance written notice of employees, as additional insured and should require thirty (30) cancellation to the County. A certificate of such imsurance acknowledging such thirty day notice shall be provided to the County immediately upon execution of this Agreement. No later than ten (10) days before commencing work, the Contractor shall provide the County with evidence of payment of the initial premium payment on each specified policy. 7. Turtle Permit. All Services performed under this Agreement shall be pursuant to DEP Turtle Permit NK {TP—13-033 (the "Turtle Pern uit") held by the Contractor. The Contractor shall provide the County with documentation indicating that the Turtle Permit is currently valid and will be valid for the term of this Agreement. 8. Independent Contractor. It is mutually agreed that the Contractor is and shall remain an independent contractor and is not an employee or agent of the County. 9. Assignment of Agreement. The Contractor is specifically prohibited from assigning or transferring any interest in this Agreement. 10. Termination of the Agreement. This Agreement may be terminated by the County, with or without cause, upon thirty (30) days’ written notice. If this Agreement is so terminated, Contractor shall be paid for all work performed, pursuant to the terms and conditions of this Agreement, up to the date of termination. However, Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from the tern lination. Contractor shall promptly deliver to the County copies of all then completed deliverable items for Services performed under this Agreement. 11. Notices. Any notice, demand, or commu lication required, permitted or desired to be given hereunder shall be deemed effectively given when delivered to the following dresses in the matter prescribed below: County Administrator Okaloosa County Board of County Commissioners 1804 Lewis Turner Blvd., Ste. 100 Fort Walton Beach, FL 32547 WITH A COPY TO: Tourist Development Department Director Okaloosa County Tourist Development Department 1540 Miracle Strip Parkway Fort Walton Beach, FL 32548 George W. Gray P.O. Box 5048 Destin, FL 32540-5048 may subsequently designate by written Or to such other address or person as either party notice to the other party. 12. Amendment. This Agreement may be amended, in writing, by the mutual consent of the parties. 13. Entire Agreement. This Agreement constitutes the entire understanding between the parties with respect to the Services contemplated herein and supersedes all prior written or oral negotiations, commitments or writings. All future modifications to this agreement shall be in writing signed by both parties. relating to this 14. Attormeys Fees. If any legal action is brought by either party will be entitled to reimbursement by the other party of its Agreement, the prevailing party reasonable attorneys’ fees and costs. amd Venue. This Agreement shall be interpreted in accordance 15. Governing Law with the laws of the State of Florida without regard to its principles of conflicts of laws. Venue for any legal proceedings arising out of this Agreement shall be in Okaloosa County, Florida. t Sine? weet a - spamlocant wisi er) ca wa a seal ato? ‘ouapetnl iia i OG by a a vl ool oa iygitl! oa ae vt f= yr a ad