Okaloosa County BOCC — April 28, 2016 — Agenda Packet — reading text

Contract as set forth herein. NOW THEREFORE, in consideration of the mutual covenants herein and other good and valuable consideration, the parties hereby agree to renew and amend the Contract as follows: 1. The Contract is hereby renewed for both additional terms. The Contract renewal period shall begin May 1, 2016 and will expire April 30, 2018. 2. Section 3. Compensation is hereby amended to increase annual compensation from $47,000 to $49,000 and increase monthly amounts from $7,833.33 to $8,166.67. 3. Section 4.B. Survey Area is hereby amended to require the West and East sections be surveyed simultaneously. 4. Section 4.C.1. Qualifications is hereby amended to state “A valid Marine Turtle Permit from the Florida Fish and Wildlife Commission or individual operating under the permit;” 5. Section 4.D. Survey Timing is hereby amended to state “The Services are to be conducted each day, rain or shine, starting as early as practicable continuing until the Services are completed. Surveys must be finished with both West and East sections by 7:30 a.m., barring unforeseen circumstances.” 6. A new Section 4.D.1. County Staff is hereby added to state “If instructed by the Okaloosa County Tourist Development Department (TDD), Contractor shall bring a County staff member on the surveys, training him or her on correct survey methodology.” 7. A new Section 4.D.2. County ATV is hereby added to state: If needed, Contractor may use County ATV # 11Z19508. The ATV must be picked up and returned to 105 Santa Rosa Blvd, Fort Walton Beach, FL before and after each survey. This requirement may be modified with prior written approval of the TDD Director. The County will be responsible for 1 Packet Pg. 56  1.h.a providing maintenance of the ATV. However, Contractor shall be solely responsible for loss, theft, or any other harm to the ATV that occurs while in his possession up to the full replacement cost of the ATV. Contractor expressly acknowledges that it has received full and complete ATV operating instructions and assumes all responsibility for instructing and training its agents or employees regarding the use and operation of the ATV. Contractor further acknowledges that it has obtained additional insurance coverage for its use of the ATV. 8. Section F. Education Activities is hereby amended to state “The Contractor shall conduct Attachment: I. h. George Gray (5542 : George Gray contract (Ed Schroder)) two (2) educational beach walks per week to educate the public about marine turtles, beginning in June and ending at the close of October. Education beach walks will be conducted both in the classroom and then on the beach itself, and will last between 45 minutes and an hour, weather permitting. Materials used on the educational beach walks must be approved in advance by the TDD. The Contractor shall work with TDD staff to create an automated sign-in form on the County’s leisure website to automate the sign-up and confirmation process.” 9. The list of topics under Section F. Education Activities is hereby amended to include “Natural ecosystems of Florida.” 10. The County’s address under Section 11 Notices is hereby amended from 1804 Lewis Turner Blvd., Ste. 100, Fort Walton Beach, FL 32547 to 1250 N. Eglin Parkway, Ste. 102, Shalimar, FL 32579. 11. A new Section 16. Public Records is hereby added as follows: 16. 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: 1. Keep and maintain public records required by the County to perform the service. 2. 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. 2 Packet Pg. 57  1.h.a 3. 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. 4. 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 Attachment: I. h. George Gray (5542 : George Gray contract (Ed Schroder)) 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. 12. All other provisions of the Contract shall remain in full force and effect through the duration of the renewal. IN WITNESS WHEREOF, the parties hereto have executed this renewal and amendment as of the day and year first written. OKALOOSA COUNTY, FLORIDA ____________________________________ Charles K. Windes, Jr., Chairman Date: _____________________ ATTEST: _______________________________ J.D. Peacock II, Clerk 3 Packet Pg. 58  1.h.a GEORGE W. GRAY _____________________________ George W. Gray Date: __________________________ Witnesses: _______________________________ Sign Attachment: I. h. George Gray (5542 : George Gray contract (Ed Schroder)) _______________________________ Print Name _______________________________ Sign _______________________________ Print Name 4 Packet Pg. 59  1.i Tourist Development Council Meeting: 04/28/16 02:00 PM 1540 Miracle Strip Parkway Department: Tourist Development Council Fort Walton Beach, FL 32548 Category: Update Prepared By: Aida Wilkinson SCHEDULED Initiator: Aida Wilkinson Sponsors: TDC ITEM (ID # 5543) DOC ID: 5543 Alcalde & Fay contract (Jim Trifilio) Updated: 4/25/2016 2:04 PM by Aida Wilkinson Page 1 Packet Pg. 60  1.i.a TOURIST DEVELOPMENT DEPARTMENT MEMORANDUM DATE: April 28, 2016 TO: Tourist Development Council FROM: Ed Schroeder, Tourist Development Department Director Jim Trifilio, Coastal Management Coordinator SUBJECT: Alcalde & Fay Assignment & Assumption STATEMENT OF ISSUE: Request approval of assignment and assumption agreement between Alcalde & Fay, Ltd and The Gaboton Group, LLC (Contract # C12-1996-TDC) for federal lobbying services. Attachment: I. i. Alcalde & Fay (5543 : Alcalde & Fay contract (Jim Trifilio)) BACKGROUND: The County currently contracts with Alcalde & Fay to provide federal lobbying services, most frequently related to coastal management issues. Alcalde & Fay seeks to assign the agreement to The Gaboton Group under existing terms and conditions. The TDD attorney has reviewed the draft contract; however, the County contract coordination process has not yet been completed. 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 assignment and assumption agreement between Alcalde & Fay, Ltd and The Gaboton Group, LLC (Contract # C12-1996-TDC) for federal lobbying services. Packet Pg. 61  1.i.a Packet Pg. 62 Attachment: I. i. Alcalde & Fay (5543 : Alcalde & Fay contract (Jim Trifilio))  1.i.a ASSIGNMENT AND ASSUMPTION OF AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN OKALOOSA COUNTY, FLORIDA AND ALCALDE & FAY, LTD. CONTRACT # C12-1996-TDC This ASSIGNMENT AND ASSUMPTION AGREEMENT (this “Assignment”) is made and entered into as of the last date signed below, by and between OKALOOSA COUNTY, FLORIDA (the “County”), ALCALDE & FAY, LTD. (the “A&F”) and The Gaboton Group, LLC (the “Gaboton Group ”). WHEREAS, on November 5, 2012, the County and A&F entered into an Agreement for Attachment: I. i. Alcalde & Fay (5543 : Alcalde