Okaloosa County BOCC — May 23, 2016 — Agenda Packet — reading text

SS U CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING RECORDS AT OKALOOSA COUNTY RISK MANAGEMENT C TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC IS DEPARTMENT 5479 OLD BETHEL ROAD CRESTVIEW, FL 32536 PHONE: (850) 689-5977 riskinfo@co.okaloosa.fl.us. D Contractor must comply with the public records laws, Florida Statute chapter 119, specifically Contractor must: 1. R Keep and maintain public records required by the County to perform the service. 2. O 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 -F reasonable time at a cost that does not exceed the cost provided in chapter 119 Florid Statutes or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public AF 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 T 4. does not transfer the records to the County. 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 R County to perform the service. If the contractor transfers all public records to the public D 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 3 Packet Pg. 58  1.f.a 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. VI. Governing Law & Venue Florida, and the parties stipulate that venue shall be in the County of Okaloosa. N This Contract shall be governed by and construed in accordance with the laws of the State of LY Attachment: I. f. Revive Media contract (5650 : Revive Media contract (Ed Schroeder)) VII. Assignment County, which will not be unreasonably withheld. O Contractor may not assign his interest in this Contract without the express written consent of the VIII. Entire Contract & Waivers N IO This Contract and Exhibit “A” as incorporated herein, contains the entire agreement between the SS parties and supersedes all prior oral or written agreements. Contractor acknowledges that it has not relied upon any statement, representation, prior or contemporaneous written or oral promises, agreements or warranties, except such as are expressed herein. The terms and conditions of this parties. U Contract can only be amended in writing upon mutual agreement of the parties and signed by both C The waiver by a party of any breach or default in performance shall not be deemed to constitute a IS waiver of any other or succeeding breach or default. The failure of the County to enforce any of the provisions hereof shall not be construed to be a waiver of the right of the County thereafter to enforce such provisions. D IX. Severability R O If any term or condition of this Contract shall be deemed, by a court having appropriate jurisdiction, invalid or unenforceable, the remainder of the terms and conditions of this Contract -F shall remain in full force and effect. This Contract shall not be more strictly construed against either party hereto by reason of the fact that one party may have drafted or prepared any or all the terms and provisions hereof. AF X. Independent Contractor T Contractor enters into this Contract as, and shall continue to be, an independent contractor. All services shall be performed only by Contractor and Contractor’s employees. Under no R circumstances shall Contractor or any of Contractor’s employees look to the County as his/her employer, or as partner, agent or principal. Neither Contractor, not any of Contractor’s employees, D shall be entitled to any benefits accorded to the County’s employees, including without limitation worker’s compensation, disability insurance, vacation or sick pay. Contractor shall be responsible for providing, at Contractor’s expense, and in Contractor’s name, unemployment, disability, 4 Packet Pg. 59  1.f.a worker’s compensation and other insurance as well as licenses and permits usual and necessary for conducting the services to be provided under this Contract. XI. Taxes & Assessments Contractor agrees to pay all sales, use, or other taxes, assessments and other similar charges when N due now or in the future, required by any local, state or federal law, including but not limited to LY such taxes and assessments as may from time to time be imposed by the County. Contractor further agrees that it shall protect, reimburse and indemnify County from and assume all liability Attachment: I. f. Revive Media contract (5650 : Revive Media contract (Ed Schroeder)) for its tax and assessment obligations under the terms of this Agreement. XII. Entire Contract & Waivers O N This Contract and Exhibit “A” as incorporated herein, contains the entire agreement between the IO parties and supersedes all prior oral or written agreements. Contractor acknowledges that it has not relied upon any statement, representation, prior or contemporaneous written or oral promises, agreements or warranties, except such as are expressed herein. The terms and conditions of this parties. SS Contract can only be amended in writing upon mutual agreement of the parties and signed by both U The waiver by a party of any breach or default in performance shall not be deemed to constitute a waiver of any other or succeeding breach or default. The failure of the County to enforce any of C the provisions hereof shall not be construed to be a waiver of the right of the County thereafter to enforce such provisions. IS D XIII. Third Party Beneficiaries R It is specifically agreed between the parties executing this Contract that it is not intended by any of the provisions of any part of the Contract to create in the public or any member thereof, a third O party beneficiary under this Contract, or to authorize anyone not a party to this Contract to maintain Agreement. -F a suit for personal injuries or property damage pursuant to the terms or provisions of this IN WITNESS WHEREOF, the parties hereto have made and executed this Contract on the AF respective dates under each signature. T R OKALOOSA COUNTY D _____________________________ Charles K Windes, Jr., Chairman Date: ____/_____/_______ 5 Packet Pg. 60  1.f.a ATTEST: ________________________________ J.D. Peacock, II, Clerk and Comptroller CONTRACTOR NLY _______________________________ Attachment: I. f. Revive Media contract (5650 : Revive Media contract (Ed Schroeder)) Vendor/Contractor Representative O Date: ____/_____/_______ N WITNESSES FOR CONTRACTOR IO ________________________________ SS By: U ________________________________ C By: IS D R O -F AF T R D 6 Packet Pg. 61  1.g Tourist Development Council Meeting: 05/23/16 02:00 PM 1540 Miracle Strip Parkway Department: Tourist Development Council Fort Walton Beach, FL 32548 Category: Information Prepared By: Aida Wilkinson SCHEDULED Initiator: Aida Wilkinson Sponsors: TDC ITEM (ID # 5651) DOC ID: 5651 Choctawhatchee Bay Estuary Program MOU (Erika Zambello) Updated: 5/19/2016 10:02 AM by Aida Wilkinson