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

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 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:  a. Keep and maintain public records required by the County to perform the service. b. 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. c. 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. d. 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. 6. Contractor shall furnish the County with Certificates of Insurance. The certificate holder shall be as follows: Okaloosa County 5479A Old Bethel Road Crestview, FL 32536 The insurance required shall be written for not less than the following limits unless law requires higher amounts: 1. Commercial General Liability $1 million each occurrence (Combined Single Limit) 2. Personal Injury and Advertising $250,000 each occurrence (Combined Single Limit) 7. This AMENDMENT NO. 2 shall be effective upon execution by the County. 8. All other provisions of Contract # C14‐2195‐TDD shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the last date herein written below. LIFE’S A BEACH PUBLICATIONS ________________________________ Rick Seevers, Owner Date: ____________________________  BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA ________________________________ Charles K. Windes, Jr., Chairman ATTEST: Date: ____________________________ ______________________________ J.D. Peacock II, Clerk