Okaloosa County BOCC — May 23, 2016 — I. e. LABP Amend 2

TOURIST DEVELOPMENT DEPARTMENT MEMORANDUM DATE: May 23, 2016 TO: Tourist Development Council FROM: Ed Schroeder, Tourist Development Department Director SUBJECT: Life’s A Beach Contract Amendment No.2 STATEMENT OF ISSUE: Request approval of Amendment No.2 to Life’s A Beach Publications contract C14-2195-TDD for the Emerald Coast Visitor’s Guide. BACKGROUND: Under the terms of the contract, the annual visitor guide and flyer inserts are to be provided no later than November 30 of each year. As a result of a surplus of approximately 40,000 guides remaining back in November 2015, the Tourist Development Department determined immediate delivery of the 2016 guides was not necessary. Furthermore, the vendor and County entered into Amendment No.1 in November 2015 for a modification of the terms of the deliverables, including a reduction in the number of guides required. Though not expressly stated in Amendment No.1, the changes implemented there contemplated that there would be a delay in the delivery of the visitor guides as a result of the contract amendment. Because the contract terms set forth specifically that the 2016 visitor guides were to be provided no later than November 30, 2015 and they were not actually delivered until April 2016 at the direction of the Tourist Development Department, the contract needs to be amended to reflect a modification to the scope of services. 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 Amendment No.2 to Life’s A Beach Publications contract C14-2195-TDD for the Emerald Coast Visitor’s Guide.  AMENDMENT NO. 2 TO VISITORS GUIDE PRODUCTION AGREEMENT CONTRACT # C14‐2195‐TDD This AMENDMENT NO. 2 to the Visitors Guide Production Agreement, Contract # C14‐2195‐TDD by and between the Okaloosa County Board of County Commissioners through its Tourist Development Department (“County”) and Life’s A Beach Publications (“Contractor”), is hereby amended. WHEREAS, the County has determined that it is necessary to amend Contract # C14‐2195‐TDD to reflect modifications to the scope of services. NOW THEREFORE, in consideration of the mutual covenants herein and other good and valuable consideration, the parties hereby agree to amend Contract # C14‐2195‐TDD as follows: (stricken words indicate deletions, underlined words indicate additions) 1. Section 1, Scope of Services, paragraph b., shall be amended as follows: “Contractor to provide the cover design and layout for final County approval by September 15 of each year. County to sign‐off on the layout by September 30 of each year.” 2. Section 1, Scope of Services, paragraph b, subparagraph i, shall be amended as follows: “County’s advertising agency to provide design guidelines to fit within the current Emerald Coast brand.” 3. Section 1, Scope of Services, paragraph c, subparagraph ii, shall be amended as follows: “Visitors Guide shall be provided to the County no later than November 30 of each year printed annually as directed by the County.” 4. Section 5, Representative of the County, shall be amended as follows: “The County hereby agrees to designate the TDD Director as its representative for purposes of the administration of this Agreement. The TDD Director is authorized to approve changes to the specifications listed in Section 1, Scope of Work, paragraph c, so long as it does not affect the contract price. 5. Audits and Recordkeeping shall be amended to include the following regarding public records: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S D