Okaloosa County BOCC — May 23, 2016 — I. f. Revive Media contract — reading text

TOURIST DEVELOPMENT DEPARTMENT MEMORANDUM DATE: May 23, 2016 TO: Tourist Development Council FROM: Ed Schroeder, Tourist Development Department Director SUBJECT: Revive Media Contract STATEMENT OF ISSUE: Request approval of a contract with Revive Media Services for Tourism Website Hosting and Maintenance Services. BACKGROUND: Peter Mayer hosts and maintains the County’s leisure tourism website (www.emeraldcoastfl.com) and Media Temple hosts and maintains the County’s convention center website (emeraldcoastconventioncenter.com). An RFP was recently issued for tourism website hosting and maintenance services. Four responsive proposals were evaluated and Revive Media was selected as the top-ranked vendor, at an annual cost of $54K (exclusive of one-time transition expenses). Pursuant to section E.200 of the TDD Manual, the Council shall review and provide a recommendation for all proposed contracts requiring Board approval. The attached draft contract has not yet been reviewed by the TDD attorney or made it through the County’s contract coordination process. However, the Council’s conceptual approval is requested at this time since the final contract must be approved by the Board in June because website services terminate with Peter Mayer on June 30. Media Temple services terminate on October 3. OPTIONS: Approve or Deny RECOMMENDATION TO BCC: Approve a contract with Revive Media Services for Tourism Website Hosting and Maintenance Services, contingent upon TDD attorney approval and completion of the County’s contract coordination process.  CONTRACT C16-________________ Tourism Website Hosting and Maintenance Services This Contract executed and entered into this ______ day of __________________, 2016, between Okaloosa County, Florida, (hereinafter the “County”), whose principal address 1250 N. and states as follows: N Eglin Parkway, Shalimar, FL 32579 and Revive Media Services, Inc., whose principal address is LY 119 Hollywood Blvd NW Unit #102, Fort Walton Beach, FL 32548, (hereinafter the “Contractor), I. Incorporation of Documents WITNESSETH: O N The following documents are incorporated by reference into this Contract and are attached as Exhibit “A”: IO any addendums thereto. SS 1. Request for Proposals & Acknowledgment/Contractor’s Submittal, RFP TDD 36-16, Tourism Website Hosting and Maintenance Services, date of opening April 1, 2016 and U All terms within the above referenced documents are in full force and effect and shall be binding upon both parties. C II. Scope of Services & PaymentIS D The Scope of this Contract is for the Contractor to provide Website hosting and maintenance for the Okaloosa County TDD and the Emerald Coast Convention Center, as further detailed in the R attached Exhibit “A,” which is incorporated herein by reference. O Contractor shall be paid in accordance with the pricing outlined in its submission, attached here to as Exhibit “A” and incorporated herein by reference. III. -F Duration of Contract and Termination, Suspension or Delay of Contract AF The contract’s initial term shall be 3 (three) years with two (2) one (1) year renewal options. T ARTICLE V TERMINATION This Contract may be terminated for breach (as provided below), otherwise this Contract will R remain in effect until each party completes its obligations under any Statement of Work then in effect. D If one party commits a material breach of any provision of this Agreement (the breaching party) and such party fails to cure the same within twenty (20) days after receiving written notice specifying such breach. If such breach cannot reasonably be cured within 20 days, the breaching party may request a longer period of time as may be reasonably necessary to effect such cure by 1 furnishing to the non-breaching party within such 20 day period a feasible plan demonstrating that it is capable of curing the breach and diligently proceeds to implement such plan to completion. Such extension is permitted solely at the express agreement of the non-breaching party. Upon any termination of this Contract Contractor will cooperate with the County in effecting an orderly transition; and NLY Shall be paid (and if applicable shall be entitled to recover payment) for all Services rendered through the date of termination (including for work-in-progress), for those costs reasonably incurred in anticipation of performance of the Services to the extent they cannot reasonably be O eliminated, for any other termination costs Contractor incurs in connection with canceling any secondary contracts it undertook in anticipation of performance of the Services, and for any other actual damages suffered by Contractor. N IO Each party's rights of termination under this Article V are in addition to any other rights it may have under this Agreement or otherwise, and the exercise of such right of termination will not be an election of remedies. SS Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional U obligations under any provision of this agreement without the prior written consent of the other. IV. Notice C IS All notices required by this Contract shall be in writing to the representatives listed below: D The authorized representative of the County shall be: Ed Schroeder R Tourist Development Director O 1540 Miracle Strip Pkwy SE Fort Walton Beach, FL 32548 -F Phone: 850-651-7131 Fax: 850-651-7149 Email: eschroeder@co.okaloosa.fl.us AF The authorized representative(s) for Revive Media Services, Inc. shall be: T Lynn Dominique or Kevin Almodovar Revive Media Services, Inc. R 119 Hollywood Blvd, NW D Suite 102 Fort Walton Beach, FL 32548 Phone: 850-362-0001 Cell: 850-586-2224 Email: lynn@revivemediaservices.com 2 Email: kevin@revivemediaservices.com Courtesy copy to: Joanne Kublik Contracts & Lease Coordinator Okaloosa County Purchasing Department 5479A Old Bethel Road Crestview, FL 32536 NLY Phone: 850-689-5960 Fax: 850-689-5998 Email: jkublik@co.okaloosa.fl.us O N Any party shall have the right, from time to time, to change the address to which notices shall be sent by giving the other party at least five (5) business days prior notice of the address change. V. Public Records IO IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE 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  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 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