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D. Tourist Development Council BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: JUNE 20, 2007 Division: TDC Bulk Item: Yes -X- No Department: Staff Contact Person/Phone #: Maxine Pacini 296-1552 AGENDA ITEM WORDING: Approval of an Amendment to Agreement with Key West Players, Inc. d/b!a Waterfront Playhouse to revise Exhibit A - Schedule of Events. ITEM BACKGROUND: PREVIOUS RELEVANT BOCC ACTION: BOCC approved original agreement at their meeting of October 18, 2006. CONTRACT! AGREEMENT CHANGES: Revised Schedule of Events STAFF RECOMMENDATIONS: Approval TOTAL COST: $21,000 BUDGETED: Yes X No COST TO COUNTY: $21.000 SOURCE OF FUNDS: TDC REVENUE PRODUCING: Yes X No AMOUNTPERMONTH_ Year APPROVED BY: County Atty ~ OMBlPurchasing --1L Risk Management X DOCUMENT A TION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 11106 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: The Key West Players, Inc. Contract # - Effective Date: 10/18106 Expiration Date: 9/30/07 Contract Purpose/Descri ption: Approval of an Amendment to Agreement with Key West Players. Inc. d/b/a Waterfront Playhouse to revise Exhibit A - Schedule of Events. Contract Manager: Maxine Pacini 3523 TDC # 3 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 6/20/07 Agenda Deadline 6/5/07 CONTRACT COSTS Total Dollar Value of Contract: $ 21,000 Budgeted? Yes~ No D Account Codes: Grant: $ County Match: $ Current Year Portion: $ 115-75011-530340- T75C-023-X-530480 ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes ~.~~l Needed /::/11 J ~<;viewer /. Division Director 7i ^ YesD No~ "/ / /iVUu'-<-U/ RiskMana~men~ LtJ.50] YesDNolSJ/ i,~) ,Q1w~ O~.B./P~h~rng -4rdt>=t YesD NoD ~ ~ County Attorney ~ YesD No[}-: S.Grimsley Comments: Date Out OMB Form Revised 2/27/01 Mep #2 AMENDMENT (1st AMENDMENT) TO AGREEMENT THIS AMENDMENT to agreement dated the_day of 2007, is entered into by and between the Board of County Commissioners for Monroe County, on behalf of the Tourist Development Council, and Key West Players, Inc. d/b/a Waterfront Playhouse. WHEREAS, there was a contract entered into on October 18, 2006 between the parties, awarding $21,000 for the production of the Key West Players d/b/a Waterfront Playhouse between October 1, 2006 and September 30, 2007; and WHEREAS, it has become necessary to revise the schedule for the concerts; and WHEREAS, Exhibit A needs to be revised to reflect the change in concert dates and names; NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree to the amended agreement as follows: 1. Exhibit A of the Agreement dated October 18, 2006 shall be revised, and attached hereto. 2. The remaining provisions of the contract dated October 18, 2006 remain in full force and effect. IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above written. (SEAL) Attest: Danny L. Kolhage, Clerk Board of County Commissioners of Monroe County Deputy Clerk Mayor/Chairman (CORPORATE SEAL) Attest: Key West Players, Inc. d/b/a Waterfront Playhouse Secreta ry BY~W~ H€N R..'f v.)o c,bc; Print Name By. Print Name OR TWO WITNESSES (1 ) (1 ) (2) (2) Print Name Print Name Amendment # I Waterfront Playhouse MONROE COUNTYATTORNEY APPROVED .l\S TO FORM: )~~L"\ S SAN M. GRiMSlEY ASSIS ANT COUNTY ATTORNEY Date y L ~ ,_ 7 '- EXHIBIT A (Revised) SCHEDULE OF EVENTS Key West Players at Waterfront Playhouse Pre-season - Cinderella (November 4,11,18, and 25, 2006) Broadway or Bust with Bruce Moore (November 18-19,2006) The Laramie Project (November 30,2006) Show #1 Lucky You (December 20, 2006 to January 13, 2007) Show #2 Dinner with Friends (January 24 - February 10,2007) Show #3 Urinetown (February 28-March 24, 2007) Show #4 The Times (April 4-14, 2007) Show #5 Educating Rita (May 9-26, 2007) Post-Season Gordon Ross and a Couple of Friends (June 3,2007) Amendment # I Waterfront Playhouse FUNDING AGREEMENT THIS AGREEMENT is made and entered into by and between the Board of County Commissioners of Monroe County, Florida, a pOlitical subdivision of the state of Florida, ("County") and Key West Players, Inc. d/b/a Waterfront Playhouse., a Florida corporation ("Event Sponsor"). WHEREAS, the umbrella organization under contract to the County has recommended to the Monroe County Tourist Development Council ("TDC"), which has endorsed the recommendation, that certain monies be allocated for promotion of an event by Event Sponsor; NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Amount: County shall pay a sum not to exceed $21,000 (Twenty One Thousand Dollars) for promotion and related expenditures, as described in the event budget, effective October 1, 2006, attached hereto as Exhibit B, for production of the Key West Players d/b/a Waterfront Playhouse between October 1, 2006 and September 30, 2007. Payment will be made only after Event Sponsor submits invoices and support documentation acceptable to the County's Finance Department. The advertising and promotion budget using County funding may be altered as to the individual line items, or components, within 10% of the amount stated for that item or component, without increasing the total dollar amount and without requiring a written amendment to this agreement. The general non-allocated section of an Umbrella event budget may be utilized for unforeseen permissible expenditures and for those budget lines that may require additional funds. Monroe County's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the County. 2. Duties of Event Soonsor: Event Sponsor shall provide promotion and related services as described in the Sponsor's application for funding, Exhibit A, attached hereto. All advertising and public relations services or supervision of advertising and public relations will be provided through the contracted agencies of the TDC and County. 3. Invoicing: The contracted agencies of record shall receive payment of work in progress upon submission of documented invoices associated with the event. Event sponsor fully understands that funding is obtained from tourist development taxes for which the fiscal year ends September 30, 2007. Event sponsor also understands that the funding process through which this contract was made available by County requires event sponsors to submit their payment requests as quickly as possible and to finalize all such requests before the end of the fiscal year, if at all possible. In order for the tourist development taxes to be utilized most effectively for the purpose for which they were authorized, attracting and promoting tourism, the budgeting process of the County requires the event's funding to be concluded in a timely manner. In recognition that the timeliness of payment requests is of extreme importance to the funding of future advertising and promotion for the stability of the tourist-based economy, Event Sponsor agrees to submit by September 30, 2007, all invoices and support documentation as required by the County's Finance Department rules and policies. Event Sponsor shall not be reimbursed nor will Event Sponsor's vendors be paid directly for any invoices received by the County after September 30,2007, except Waterfront Playhouse Cultural Umbrella Funding FY 2007 that for events with promotional expenditures incurred between July 1 and September 30, 2007, invoices must be submitted within ninety (90) days of the conclusion of the event. 4. Reimbursement to County: Event Sponsor shall reimburse County for any amount of funds expended by County in connection with an event which does not Occur as a result of any act or omission by Event Sponsor. 5. Indemnification: Event Sponsor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of the services provided, event sponsored, or other activities and funding associated with this agreement. Should event involve the serving or distribution of alcoholic beverages, Event Sponsor shall obtain prior to the event a Liquor Liability insurance policy naming Monroe County as a co-insured. 6. Records; Event Sponsor shall maintain records pursuant to generally accepted accounting principles for three (3) years after the event and shall permit County and its agents and employees access to said records at reasonable times. 7. Termination: County may terminate this agreement without cause by providing written notice to Event Sponsor, through its officer, agent, or representative, no less than sixty (60) days prior to the event and may terminate for breach upon providing to Event Sponsor, through its officer, agent or representative, notice at least seven (7) days prior to the effective date of the termination. Notice is deemed received by Event Sponsor when hand delivered, delivered by national courier with proof of delivery, or by U.S. mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. 8. Conflicts: Event sponsor is an independent contractor and shall disclose any potential conflicts of interest as defined by Florida Statutes, Chapter 112 and Monroe County Code, Article XXI. 9. Non-Collusion: By signing below, Event Sponsor warrants that he/she/it has not employed, retained or otherwise had act on his/her/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of the provision the County may, at its discretion terminate this contract without liability and may also, at its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former or present County officer or employee. 10. Public Entities Crimes: A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for Waterfront Playhouse Cultural Umbrella Funding FY 2007 2 CA TEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 11. Loao Reauirement: All promotional literature and advertising must display the "The Florida Keys & Key West, Monroe County Tourist Development Council, Come as You Are", logo/trade mark adopted by the TDC and County on November, 2000, (as per attached). Radio Advertising shall quote, "Brought to you by the Monroe County Tourist Development Council". No reimbursement or direct payment will be considered unless this logo/trade mark or slogan is utilized. 12. Insurance Reauirements: Event Sponsor, as a pre-requisite of the Special Event governed by this agreement, shall obtain, at its own expense, insurance as specified in this section. Event Sponsor will not be permitted to commence work associated with the Event (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the county as specified below. Event Sponsor shall maintain the required insurance throughout the entire duration of the Special Event and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of the Event until the required insurance has been reinstated or replaced. Event Sponsor shall provide, to the County, as satisfactory evidence of the required insurance, either: Certificate of Insurance or * Certified copy of the actual insurance policy A certified copy of any or all insurance policies required by this contract shall be filed with the Clerk of the BOCC prior to the Event. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. Acceptance and/or approval of Event Sponsor's insurance shall not be construed as relieving Event Sponsor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies. Any deviations from these General Insurance Requirements must be requested in writing on the County form titled "Request for Waiver of Insurance Requirements" and must be approved by Monroe County Risk Management. Event Sponsor shall furnish the County with a certificate evidencing the insurance required by this paragraph not later than twenty (20) days prior to the event. Prior to commencement of work governed by this contract, Event Sponsor shall obtain General Liability Insurance. Coverage shall be maintained through out the life of the contract and include, as a minimum: * Premises Operations * Products and Completed Operations * Blanket contractual Liability * Personal Injury Liability * Expanded Definition of Property Damage The minimum limits acceptable shall be: Waterfront Playhouse Cultural Umbrella Funding FY 2007 * 3 * $1,000,000.00 combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: * $500,000.00 per person * $1,000,000.00 per Occurrence * $100,000.00 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. Recognizing that the work governed by this contract involves the sales and/or distribution of alcoholic beverages, the Contractor's General Liability Insurance policy shall include Liquor Liability with limits equal to those of the basic coverage. A separate Liquor Liability policy is acceptable if the coverage is not more restrictive than the contractor's General Liability policy. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative, the .J S'€:'^-. day of 6 t.~ . 2006. (SEAL) Attest: Danny L. Kolhage, Clerk a~~ Depu1y Clerk Board of County Commissioners of Monroe C(])ty J (, ill t' MaYOr/Ch~irman (CORPORATE SEAL) Key West Players, Inc. d/b/a Waterfront Playhouse Attest: By. Secretary By ~\Y~~zlC.~(&~~k Presiderit HENR-Y uJr~iCr)S Print Name Print Name OR TWO WITNESSES (1 ) (2) Print Name 4 PfJm~COUNTY ATTORNEY APPROVED AS TO FORM: ~ '- SU N M. GRIMSL6 ASSISTA T COUNTY ATTORNEY r- (-0 ~ Waterfront Playhouse Cultural Umbrella Funding FY 2007 D. EXHIBIT A ( MONROE COUNTY TOURIST DEVELOPMENT COUNCIL CULTURAL UMBRELLA SCHEDULE OF EVENTS FISCAL YEAR 2007 EVENT NAME: Key West Players at the Waterfront Playhouse List scheduled event activities in date order. If pre-promotion is included, indicate the event dates of the next season. If funded, funds will be reimbursed only for the promotion of event activities listed here. Pre-season NOVember, 2006 - Original Children's MUsical by Bill Wheeler/Jan Callner Reprise of Tom , Danny - NOVember,2006 The Laramie Project - NOvember 30,2006 Season Show 111 Show ##2 Show ##3 Show 114 Show '5 Dec. 20, 2006 to Jan. 13, 2007 Jan. 31 to Feb. 17, 2007 March 7 to March 31, 2007 April 11 to April 21, 2007 (v May 9 to May 26, 2007 The exact shows will be deteruU.ned pending roya.l.ty agreements and will be high quali ty drama, musicals or comedie. IF FUNDED, EXHIBITS A AND B WILL BECOME PART OF YOUR CONTRACT AND TRANSMITTED TO THE OFFICE OF THE CLERK OF THE COURT. Monroe County Tourist Development Council Cultural Umbrella Application EXHIBIT 8 MONROE COUNTY TOUIST DEVELOPMENT COUNCIL CULTURAL UMBRELLA EVENT FUNDS BUDGET BREAKDOWN FISCAL YEAR 2007 EVENT NAME: Key West Players dba Waterfront Playhouse MEDIA ADVERTISING BROCHURES, POSTERS, PROGRAMS $18,500 $2,500 TOTAL: $ 21,000 ACTUAL EXPENDITURES MAY DEVIATE NO MORE THAN 10% FROM THE BUDGETED LINE ITEMS NOTED ABOVE. THE MAXIMUM REQUEST IS $25,000.00. FUNDS ARE PAID ON A REIMBURSEMENT BASIS. ALL PRINT AND TELEVISION MATERIALS MUST DISPLAY THE CURRENT TDC LOGO ALL BROADCAST ADVERTISING PLACED OUTSIDE MONROE COUNTY MUST INCLUDE THE LINE "SPONSORED IN PART BY THE FLORIDA KEYS AND KEY WEST, MONROE COUNTY TOURIST DEVELOPMENT COUNCIL." IF FUNDED, EXHIBITS A AND B WILL BECOME PART OF YOUR CONTRACT AND TRANSMITTED TO THE OFFICE OF THE CLERK OF THE COURT. TU[ [lORIDA KHS & KH W[ST MONRO[ COUNTY TOURIST O[V[LOPM[NT COUNCIl Come as you are@ TU[ [lORIDA KHS &KHW[ST MONRO[ COUNTY TOURIST O[VHOPM[NT COUNCil Come as you arc'" TU[ [lORIDA KHS & KH W[ST MONRO[ COUNTY TOURIST O[VHOPM[NT COUNCIl Come as you are'" TU[ [lORIDA KHS &KHW[ST MONROf COUNTY TOURIST omlOPMfNT COUNCIl Come as you are1< TU[ [lORIDA KHS & KHW[ST MONRO[ COUNTY TOURIST OfVUOPMfNT COUNCil Come as you are@ TU[ flORIDA KHS & KH W[ST MONROf COUNTY TOURIST O[VUOPMfNT COUNCil Come as you are'" TUt [LORIDA KfYS & KfY WfST THf nORIDA KfYS & KfY WfST THf nORIDA KfYS & KfY WfST MONROf COUNTY TOURIST OfYHOPMfNT COUNCIl MONROf COUNTY TOURIST OfYHOPMfNT COUNCIl MONROf COUNTY TOURIST OfYHOPMfNT COUNCil Come as you are~ Come as you are~ Come as you are@ TUt [LORIDA KfYS & KfY WfST THf [LORIDA KfYS & KfY WfST THf [LORIDA KfYS & KfY WfST MONROf COUNTY TOURIST OfYHOPMfNT COUNCIl MONROf COUNTY TOURIST OfYHOPMfNT COUNCIl MONROf COUNTY TOURIST OfY!10PMfNT COUNCIl Come as you are@ Come as you are@ Come as you are@ THf [lOR IDA KfYS & KEY WfST THE [lORIDA KfYS & KfY WfST THf [lORIDA KfYS & KEY WfST MONROE COUNTY TOURIST D[V[LOPMENT COUNCIl MONROE COUNTY TOURIST DEV[LOPMENT COUNCIl MONROE COUNTY TOURIST DEV[LOPMfNT COUNCIl Come as you are@ Come as you are@ Come as you are@ THf [lORIDA KfYS & KEY WfST THf [lORIDA KEYS & KfY WfST THf [lORIDA KfYS & KfY WEST MONROE COUNTY TOURIST D[VELOPMENT COUNCIl MONROE COUNTY TOURIST DEVELOPMENT COUNCIl MONROE COUNTY TOURIST DEVELOPMENT COUNCIl Come as you are@ Come as you are@ Come as you are@ TUt flORIDA KfYS & KfY WtST MONRO[ COUNTY TOURIST D[VnOPM[NT COUNCIL Come as you are@ THt flORIDA KtYS & KtY WtST MONRO[ COUNTY TOURIST O[VnOPM[NT COUNCIL Come as you are@ TUt flORIDA KfYS & KtY WtST MONRO[ COUNTY TOURIST O[VnOPM[NT COUNCIL Come as you are@ TUt flORIDA KfYS & KfY WfST MONRO[ COUNTY TOURIST D[VnOPM[NT COUNCIL Come as you are@ MCTG-3125 New Logo Slick L01 1996 Edltloa :\'IONROE COUNTY, FLORIDA Request For Waiver of Insurance Requirements It is requested that the insurance requirenrents, as specified in the County's Schedule of Insurance Requirements, be 'Waiwd or modified on the following contract Contractor: See Event Attachment :\TameoCEntity: ..K-e II 'Nf\ i 7IC\..\jP(), \1/('. (\bc,--- IlJ(\T~{-fto,/t'PlcJ,.'fn()U5( , :\TameoCEvent: i.e.,/ Wes-t ?\c,-,-/er~ c\bD- \AJoterfYZJ(11 D10-yhouSE' Contract Cor: Services Address oC Contractor: C/O TDC Att: Maxine Phone: 305-296-1552 Scope of Work: Advertising and Promotion Reason for Waiver: Providing funds to promote event onlv.... Minimal exposure to county PoUcies Waiver wiD apply to: See Attached Signa ture of Contractor: Date: Not Approved ') u~-' t ~ -- I c-). (~\ ~ County Administrator Appeal: Approved ~ot Approved Date: Board of County Commissioners Appeal: Approved ~ot Approved .\Ieeting Date: Administration Instruction #"'709.2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: JUNE 20, 2007 Division: TDC Bulk Item: Yes X No Department: Staff Contact PersonlPhone #: Maxine Pacini 296-1552 AGENDA ITEM WORDING: Approval of an Amendment to Agreement with The Key West Business Guild to exercise option to extend agreement for two additional years, and to increase compensation. ITEM BACKGROUND: TDC approved same at their meeting of May 1, 2007 PREVIOUS RELEVANT BOCC ACTION: BOCC approved original agreement at their meeting of May 19, 2004 CONTRACT/AGREEMENT CHANGES: Amend to extend for two additional years Increase compensation STAFF RECOMMENDATIONS: Approval TOTAL COST: $45.250 BUDGETED: Yes X No COST TO COUNTY: $45,250 SOURCE OF FUNDS: TDC REVENUE PRODUCING: Yes --2L No AMOUNT PER MONTH Year APPROVED BY: County Arty -L OMB/Purchasing ~ Risk Management X DOCUMENTA TION: Inel uded X Not Required_ DISPOSITION: AGENDA ITEM # Revised 11/06 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Key West Business Guild Contract #_ Effective Date: 10/1/07 Expiration Date: 9/30/09 Contract Purpose/Description: Approval of an Amendment to Agreement with The Key West Business Guild to exercise option to extend agreement for two additional years, and to increase compensation. Contract Manager: Maxine Pacini 3523 TDC # 3 (Name) (Ext. ) (Department/Stop #) for BOCC meeting on 6/20/07 Agenda Deadline 6/5/07 CONTRACT COSTS Total Dollar Value of Contract: $ 45,250 Budgeted? YeslZl No D Account Codes: Grant: $ County Match: $ Current Year Portion: $ 117-77010-530340- T77V-399-X-530340 ADDITIONAL COSTS Estimated Ongoing Costs: $~yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes :::s:~;~~ f:) :::~:: JK2ti~~j O~/P~~g ~O'l YesDNoD ~~ County Attorney ~..".- Y esD No~ S.Grimsley Date Out Comments: OMB Form Revised 2/27/01 MCP #2 AMENDMENT (1st AMENDMENT) TO AGREEMENT THIS AMENDMENT to agreement dated the day of 2007, is entered into by and between the Board of County Commissioners for Monroe County, on behalf of the Tourist Development Council, and The Key West Business Guild. WHEREAS, there was an agreement entered into on May 19, 2004 with The Key West Business Guild to provide Visitor Information Services which promote gay and lesbian tourism; and WHEREAS, The agreement has an option to extend the agreement for two (2) additional years; and WHEREAS, The District I Advisory Committee and the Tourist Development Council recommend exercising the option to extend agreement for two (2) additional years; and WHEREAS, The District I Advisory Committee and the Tourist Development Council recommend increasing the amount of compensation for the services provided; NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree to the amended agreement as follows: 1. The contract period as outlined in Paragraph 2 is extended from September 30, 2007 to September 30,2009. 2. Paragraph 4. shall read: Provider shall charge Forty Five Thousand and Two Hundred and Fifty dollars ($45,250) as an annual administration fee to cover costs outlined in paragraph 2 of the original agreement. Payment will be made in eleven (11) monthly installments of Three Thousand, Seven Hundred and Seventy dollars ($3,770) and one (1) monthly installment of Three Thousand, Seven Hundred and Eighty dollars ($3,780). The Board of County Commissioners and the Tourist Development Council assume no liability to fund this agreement for an amount in excess of this award. Payment for expenditures permissible by law and County policies shall be made through reimbursement to Provider upon presentation of invoices, and other documentation necessary to support a claim for reimbursement. Monroe County's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the BOCC. /'\1]](:I1UI111.:nllll Key Wesl Business Gudd 3. The remaining provisions of the contract dated May 18, 2004 remain in full force and effect. IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above written. (S EAL) Attest: Danny L. Kolhage, Clerk Board of County Commissioners of Monroe County Deputy Clerk Mayor/Chairman (CORPORATE SEAL) Attest: Key West Business Guild By. Secretary By~:};!=iY! cf}!~/ Print Name rJ\ LL Print Name /'J (1'-1 CI/c'/7 /3"/ (~/ OR TWO WITNESSES (1 ) Print Name ') / I/!j, I Yjl'd"I",.J --1- I" I f. ,+.0- f,' I //, t-'.V .J ,~.._~ " IJ ') 1/ (2) (\nsfj'j L rnf (.r!2~ ~~-~:) (2) ~/ ~. j (1 ) Print Name MONROE COUNTY ATTORNEY APPROVED A$ TO FORM: I, f . "A~"-l-C'><.-c~ ;. \., ,'. Lc ) JL,L t' '" . SUSAN M\ RfMSlEY 1 ASSISTANT COUNTY ATTORNEY Date .f' .t., j c. 1 Amcnolllc:nt !f I Key Wc:st Businc:ss Guild AGREEMENT FOR GAY & LE<i)oIAN VISITOR INFORMATION SERVICES THIS AGREEMENT is entered into this / If f~ay of /111 A 'I , 2004, by and between the BOARD OF COUNTY COMMISSIONERS, Monroe County, Florida, hereinafter referred to as the County and the Key West Business Guild, hereinafter referred to as Provider; WITNESSETH WHEREAS, Provider is qualified to provide Visitor Information Services which promote gay and lesbian tourism; and WHEREAS, County and Provider currently have a contractual arrangement for services through September 30, 2004; and WHEREAS, both parties desire to modify said agreement and to extend it an additional three years with an additional two (2) year renewal option; and WHEREAS, the Tourist Development Council (TDC) has recommended to County that a new contract for Visitor Information Services which promote gay and lesbian tourism be entered into; and WHEREAS, the County wishes to enter into this Agreement for Visitor Information Services which promote gay and lesbian tourism with the Provider; NOW AND THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. OLD AGREEMENT SUPERSEDED: The Agreement dated April 19, 2001; amended June 19, 2002 and July 15, 2003 is superseded and replaced by this Agreement effective on the beginning date of paragraph 2. 2. TERMS: The term of this Agreement is for a period of three years beginning October 1,2004 and expiring on September 30,2007. The County has an option to extend this agreement for two (2) additional years. 3. SCOPE OF SERVICES: The Provider shall pursuant to this agreement, provide Visitor Information Services which promote gay and lesbian tourism as described herein: a. The Provider shall respond to all telephone inquiries from the Key West Business Guild toll-free number and (305) line with general information about the destination and Monroe County. Gay & Lesbian Visitor Information Services Agreement 2004 Funded by District I Advisory Committee 1 b. The Provider shall respond to all telephone inquiries for the benefit of the destination as a whole and not just for the benefit of the Provider, members of the Provider and/or discriminate between Key West Business Guild and non-guild members. c. The Provider shall retrieve and record all information required for mail fulfillment which includes the name, address, ZIP code and telephone number or e-mail address (when provided) of the caller. d. Provider shall provide live operator, voice mail, answering machine or similar procedures to capture the required information during off hour operation. e. The Provider shall input the inquiries for mail fulfillment into data base, prepare labels, place labels on envelopes, place approved collateral material in envelopes, place first class postage and deliver fulfillment to the post office. The Provider shall use TDC approved promotional collateral and local gay/lesbian industry materials as mail fulfillment. f. The Provider shall provide their own telephone lines, mail fulfillment envelopes/packaging, postage, postage equipment, computer equipment and staff to provide said service. g. The Provider shall provide Visitor Information Services to visitors or enquirers calling into the facility Monday through Sunday, 9:00 a.m. to 5:00 p.m., with the exception of Christmas Day; New Years Day; Memorial Day; July 4th Day; Labor Day and Thanksgiving Day h. The Provider shall provide the TDC with monthly reports on telephone inquiries that include media ad responses, top calling states, visitor interests and other market research information. i. The Provider will refer the caller/visitor to the Fla-Keys.com website. 4. COMPENSATION: Provider shall charge Thirty Six Thousand and Five Hundred ($36,500) dollars as an annual administration fee to cover costs outlined in paragraph 2. Payment will be made in eleven (11) monthly installments of Three Thousand, Forty One dollars and sixty six cents ($3,041.66) and one (1) monthly installment of Three Thousand, Forty One dollars and seventy four cents ($3,041.74). The Board of County Commissioners and the Tourist Development Council assume no liability to fund this agreement for an amount in excess of this award. Payment for expenditures permissible by law and County policies shall be made through reimbursement to Provider upon presentation of invoices, and other documentation necessary to support a claim for reimbursement. Monroe County's performance and Gay & Lesbian Visitor Information Services Agreement 2004 Funded by District I Advisory Committee 2 obligation to pay under this agreement is contingent upon an annual appropriation by the SOCC. 5. RECORDS - ACCESS AND AUDITS: The Provider shall maintain adequate and complete records to justify all charges, expenses and costs incurred in performing the work for at least three (3) years after completion of this agreement. The County shall have access to such books, records, and documents concerning the contracted services. The access to and inspection of such books, records, and documents by the County shall occur at any reasonable time. Provider understands that it shall be responsible for repayment of any and all audit exceptions identified by County. Any current or subsequent contract awards will be offset by the amount of any audit exceptions. In the event there are not funds still held by County for a contract award, the amount of audit exception shall be billed to Provider who shall promptly pay same. 6. INDEPENDENT CONTRACTOR RELATIONSHIP: The Provider, is and shall be, in the performance of all works, services, and activities under this agreement, an independent contractor and not an employee, agent or servant of the County. The Provider shall exercise control, direction, and supervision over the means and manner and personnel in which it and its employees perform the work. In all respects, the "Provider's" relationship and the relationship of its employees to the County shall be that of an independent contractor and not as employees or agents of the county. Moreover, the Provider shall have no authority whatsoever to act on behalf and/or as agent for the County in any promise, agreement, or representation other than specifically provided for in this agreement. The County shall at no time be legally responsible for any negligence on the part of said contractor, its employees or agents, resulting in either bodily or personal injury or property damage to any individual, form, or corporation. 7. MODIFICATION: Additions to, modification to, or deletions from the Scope of Work and/or costs of work set forth in this contract may be made only by amendment to this agreement which must be approved in writing by the County. No modification shall become effective without written approval of County. 8. BREACH AND PENALTIES: The parties agree to full performance of the covenants contained in this contract, and the County reserves the right at its discretion, provided any breach is material, to terminate the services in this contract for any misfeasance, malfeasance or nonperformance of the contract terms or negligent performance of the contract terms by Provider. Any waiver of any breach of covenants herein contained shall not be deemed to be a continuing waiver and shall not operate to bar the County from declaring a forfeiture for any succeeding breach either of the same conditions or covenants or otherwise. 9. INSURANCE: The Provider shall maintain the following required insurance throughout the entire term of this contract and any extensions. Failure to comply with this provision may result in the immediate suspension of all work until the Gay & Lesbian Visitor Information Services Agreement 2004 Funded by District I Advisory Committee 3 required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Provider to maintain the required insurance shall not extend any deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for Provider's failure to maintain the required insurance. The Provider shall provide, to the County, as satisfactory evidence of the required insurance, either: Certificate of Insurance or * A Certified copy of the actual insurance policy The COUNTY, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All Insurance policies must specify that they are not subject to cancellation, non- renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Provider's insurance shall not be construed as relieving the Provider from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. Any deviations from these General Insurance Requirements must be requested in writing from the COUNTY. Such requests shall be prepared from the COUNTY's form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. A. Prior to the commencement of work governed by this contract the PROVIDER shall obtain Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440. In addition, the Provider shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida and the company or companies must maintain a minimum rating of A-V1, as assigned by the A.M. Best Company. B. Prior to the commencement of work governed by this contract, the PROVIDER shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: · Premises Operations and Contents · Products and Completed Operations · Blanket Contractual Liability · Personal Injury Liability * Gay & Lesbian Visitor Information Services Agreement 2004 Funded by District I Advisory Committee 4 · Expanded Definition of Property Damage The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 500,000 per person $1,000,000 per Occurrence $ 100,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 1 O. INDEMNIFICATION AND HOLD HARMLESS: The Provider shall indemnify and hold harmless the County, their departments, agencies, officials, employees, agents, servants and contractors, against any claims, liabilities and expenses (including reasonable attorney's fees) arising as a result of any direct and/or indirect action of Provider, its employees, agents, servants and/or contractors in the performance of the terms of this agreement or otherwise related to activity conducted in the furtherance of this agreement except to the extent that, in the case of any act of negligence, Provider reasonably relied upon material supplied by the County or any employee of County. Provider shall immediately give notice to County of any suit, claim or action made against Provider that is related to any activity under this agreement and will cooperate with the County in the investigation arising as a result of any suit, claim or action related to this agreement. 11. PERMITS: The Provider shall secure all required permits, and/or licenses necessary for this project. 12. LAWS AND REGULATIONS: It shall be understood and agreed that any and all services, materials and equipment shall comply fully with all Local, State and Federal laws and regulations. 13. TAXES: The County s exempt from Federal, Excise and State of Florida Sales Tax. 14. FINANCE CHARGES: The County will not be responsible for any finance charges. 15. SEVERABILITY: If any provision of this contract shall be held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this contract, or the application of such provision other than those as to which it is invalid or unenforceable, shall not be affected thereby; and each provision of this contract shall be valid and enforceable to the fullest extent permitted by law. Gay & Lesbian Visitor Information Services Agreement 2004 Funded by District I Advisory Committee 5 16. FORCE MAJEURE: The Provider shall not be liable for delay in performance or failure to perform in whole or in part, the services due to the occurrence of any contingency beyond its control or the control of any of its sub-providers or suppliers, including labor dispute, strike, labor shortage, war or act or war whether an actual declaration thereof if made or not, insurrection, sabotage, riot or civil commotion, act of public enemy, epidemic, quarantine restriction, accident, fire, explosion, storm, flood, drought, or other act of God, act of any governmental authority, jurisdictional action, or insufficient supply of fuel, electricity, or materials or supplies, or technical failure where the Provider has exercised reasonable care in the prevention thereof, and any such delay or failure shall not constitute a breach of the agreement. The Provider shall notify the TDC of any delay or failure to perform within five (5) days of such action. Upon demand of TDC, the Provider, must furnish evidence of the causes of such delay or failure. The Provider shall not resume its performance hereunder unless provided for in the Scope of Services. 17. ASSIGNMENT: Provider shall not assign, transfer, sublease, pledge, hypothecate, surrender, or otherwise encumber of dispose of this contract or any estate created by this contract or any interest in any portion of the same, or permit any other person or persons, company or corporation to perform services under this contract without first obtaining the written consent of the County. In the event of such consent, this agreement shall be binding upon the Provider's successors and assigns. 18. DISCLOSURE: The Provider shall be required to list any or all potential conflicts of interest, as defined by Florida Statute 112 and Monroe County Ethics Ordinances. The Provider shall disclose to the County all actual or proposed conflicts of interest, financial or otherwise, direct or indirect, involving any client's interest which may conflict with the interest of the County. 19. ADVERTISING: Prior to any advertising, publicity, or promotional materials initiated by the Provider relating to the services under this agreement, the Provider shall obtain prior written approval regarding said promotional material for the TDC before such material can be released. Materials shall be presented to the TDC for approval and shall be returned to the Provider in a timely manner. All promotional material related to services under this agreement shall only include references to Monroe County tourism and each mailing package must include the official Monroe County TDC Gay and Lesbian brochure. 20. ADDITIONAL CONDITIONS: Provider agrees to accept additional conditions governing the use of funds or performance of work as may be required by federal, state or local statute, ordinance or regulation or by other policy adopted by County. Such additional conditions shall not become effective until Provider has been notified in writing and no such additional conditions shall be imposed retroactively. Gay & Lesbian Visitor Information Services Agreement 2004 Funded by District I Advisory Committee 6 21. INDEPENDENT PROFESSIONAL JUDGEMENT: Provider shall at all times exercise independent professional judgment and shall assume full responsibility for the service to be provided and work to be completed. 22. CARE OF PROPERTY: The Provider shall be responsible to the County for the safekeeping and proper use of the property entrusted to Provider's care, to include any and all insurance for the value of the equipment and any maintenance or service contracts relating to such equipment for its service life. 23. ETHICS CLAUSE: The Firm warrants that no person has been employed or retained to solicit or secure this contract upon an Agreement or understanding for a commission, percentage, brokerage, or contingent fee and that no member of the Monroe County government or the TDC has any interest, financially or otherwise, in the Firm or its subcontractors. 24. NOTICE: Any notice required or permitted under this agreement shall be in writing and hand-delivered or mailed, postage prepaid by certified mail, return receipt requested, to the other party as follows: For Key West Business Guild: Mr. Jon Allen Key West Business Guild P.O. Box 1208 Key West, FL 33041 For Monroe County TDC: Ms. Lynda Stuart 1201 White Street Suite 102 Key West, FL 33040 County shall give notice to Provider of any meetings on which is an agenda item pertaining to telemarketing. Said notice shall be given so that provider has ample time to make travel arrangements for an Executive Board member to attend the meeting. 25. TERMINATION: Either party shall have the right to cancel this Agreement at its sole discretion with or without cause upon ninety (90) days prior written notice to the other party. Provider shall deliver to the County all papers, equipment and other material related to the work performed under this contract upon termination thereof. 26. PUBLIC ENTITY CRIME STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bind on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with Gay & Lesbian Visitor Information Services Agreement 2004 Funded by District I Advisory Committee 7 any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 27. FULL AGREEMENT: This writing embodies the entire Agreement and understanding between the parties hereto, and there are not other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. In order to be effective any amendment and/or change to this Agreement shall be in writing recommended by the TDC and approved by the COUNTY and signed by both parties. 28. This contract has been carefully reviewed by legal counsel for both parties. Therefore, this contract shall not be strictly construed against either party on the basis of authorship. IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. (SEAL) Attest: DANNY L. KOLHAGE, Clerk Monroe County Board of County Commissioners .J::6~. ~)4~ Clerk ~(~ Mayor/Chairman (SEAL) Attest: Key West Business Guild jrJ "-lL-J By: MONROE COUNTY AT (CRNEY ~~p ~SUZAN EA. HUTTON ASSISTAN7pTY 1JORNEY Date .-? y Gay & Lesbian Visitor Information Services Agreement 2004 Funded by District I Advisory Committee 8 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: JUNE 20, 2007 Division: TDC Bulk Item: Yes ~ No Department: Staff Contact Person/Phone #: Maxine Pacini 296-1552 AGENDA ITEM WORDING: Approval of an Amendment to Agreement with The Key West Pops, Inc. to revise Exhibit A - Schedule of Events. ITEM BACKGROUND: PREVIOUS RELEVANT BOCC ACTION: BOCC approved original agreement at their meeting of October 18, 2006. CONTRACT/AGREEMENT CHANGES: Revised Schedule of Events STAFF RECOMMENDATIONS: Approval TOTAL COST: $9,000 BUDGETED: Yes X No COST TO COUNTY: $9,000 SOURCE OF FUNDS: TDC REVENUE PRODUCING: Yes X No AMOUNTPERMONTH_ Year APPROVED BY: County Arty ~ OMB/Purchasing -2L Risk Management X DOCUMENT A TION: Included X Not Required_ DISPOSITION: .,~ AGENDA ITEM # Revised 11/06 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: The Key West Pops, Inc. Contract # - Effective Date: 10/18/06 Expiration Date: 9/30/07 Contract Purpose/Description: Approval of an Amendment to Agreement with The Key West Pops, Inc. to revise Exhibit A - Schedule of Events. Contract Manager: Maxine Pacini 3523 TDC # 3 (Name) (Ext. ) (Department/Stop #) for BOCC meeting on 6/20/07 Agenda Deadline 6/5/07 CONTRACT COSTS Total Dollar Value of Contract: $ 9,000 Budgeted? Yes~ No D Account Codes: Grant: $ County Match: $ Current Year Portion: $ 115-75011-530340- T75C-421-X-530480 ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes /~t~f1 Needed ~.e v/- DivisionDirector P~7 YesDNo~ , ___ ~J--~' RiskMana~menh 4~d7-o7 YesDNoQl 'D~ O~B.!Purc~g -0LofO'lYesD NoD ~~ County Attorney #?r- Y esD No~ S.Grimsley Date Out {)l 'iBo/o-=r- Comments: OMB Form Revised 2/27/01 Mep #2 AMENDMENT (1st AMENDMENT) TO AGREEMENT THIS AMENDMENT to agreement dated the_day of 2007, is entered into by and between the Board of County Commissioners for Monroe County, on behalf of the Tourist Development Council, and The Key West Pops, Inc. WHEREAS, there was a contract entered into on October 18, 2006 between the parties, awarding $9,000 for the production of the Key West Pops Orchestra between November 11, 2006 and February 2, 2007; and WHEREAS, it has become necessary to revise the schedule for the concerts; and WHEREAS, Exhibit A needs to be revised to reflect the change in concert dates and names; NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree to the amended agreement as follows: 1. Exhibit A of the Agreement dated October 18, 2006 shall be revised, and attached hereto. 2. The remaining provisions of the contract dated October 18, 2006 remain in full force and effect. IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above written. (SEAL) Attest: Danny L. Kolhage, Clerk Board of County Commissioners of Monroe County Deputy Clerk MayorlChairman (CORPORATE SEAL) Attest: The Key West Pops, Inc. By. Secretary By ~,~~ J" LL~ · President lUr{flNA S,SrJOW Print Name Print Name OR TWO WITNESSES (1 ) (1 ) Print Name (2) (2) Print Name MONROE COUNTY ATTORNEY APPRO'LED AS ~O FORM: . .' A..-. . y,-/'iyrL~lL/",,--~eL,-_ /' SUSAN M.' IMSLEY ASSISTANT COUNTY ATTORNEY Date y :~ >., . c' I Amendment # I Key West Pops EXHIBIT A REVISED MONROE COUNTY TOURIST DEVELOPMENT COUNCIL CULTURAL UMBRELLA SCHEDULE OF EVENTS FISCAL YEAR 2007 EVENT NAME: The Key West Pops Orchestra List scheduled event activities in date order. If pre-promotion is included, indicate the event dates of the next season. If funded, funds will be reimbursed only for the promotion of event activities listed here. NOVEMBER 15 and 17, 2006 JIM TRAINOR CABARET Jim opens the Pops season with a concert that offers music from the classical vocal recital repertoire including Opera Arias, plus memorable songs from the Broadway baritone songbook. His vocal program ranges from such composers as Brahms, Copland, Verdi, Strauss, Poulenc and Vaughan Williams to Bernstein, Rodgers, Sondheim, Loewe and Porter. JANUARY 6,2007 WELCOME HOME, JERRY HERMAN! A performance of Jerry Herman's great music sung by two of his favorite singers, Lee Roy Reams, and Leslie Uggams. Program includes classically familiar songs from Mame, Mac & Mabel, Hello Dolly, Milk and Honey, Jerry's Girls, & La Cage aux Folies. Jerry will also sing a number of songs in person. FEBRUARY 3, 2007 FOLLIES IN CONCERT Susan Powell stars in and Rich Simone directs this production of one of Stephen Sondheim's big successes. Spencer Gates, Laurie Breakwell, Kristen Bussiere and Susie Speidel are featured and many of the singers will be selected from our local talent. MUSIC FROM THE MOVIES Celebrate Oscar week with guest conductor Fr. Alphonse Stephenson and singers Bruce Reed and Victoria Atwater. Features Hollywood movie music by the likes of Cole Porter and Richard Rodgers. MARCH 4, 2007 FUNDING AGREEMENT THIS AGREEMENT is made and entered into by and between the Board of County Commissioners of Monroe County, Florida, a political subdivision of the state of Florida, ("County") and The Key West Pops, Inc., a Florida corporation ("Event Sponsor"). WHEREAS, the umbrella organization under contract to the County has recommended to the Monroe County Tourist Development Council ('TDC"), which has endorsed the recommendation, that certain monies be allocated for promotion of an event by Event Sponsor; NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Amount: County shall pay a sum not to exceed $9,000 (Nine Thousand Dollars) for promotion and related expenditures, as described in the event budget, effective October 1, 2006, attached hereto as Exhibit B, for production of the Key West Pops Orchestra between November 11th 2006 and February 3rd, 2007. Payment will be made only after Event Sponsor submits invoices and support documentation acceptable to the County's Finance Department. The advertising and promotion budget using County funding may be altered as to the individual line items, or components, within 10% of the amount stated for that item or component, without increasing the total dollar amount and without requiring a written amendment to this agreement. The general non-allocated section of an Umbrella event budget may be utilized for unforeseen permissible expenditures and for those budget lines that may require additional funds. Monroe County's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the County. 2. Duties of Event Sponsor: Event Sponsor shall provide promotion and related services as described in the Sponsor's application for funding, Exhibit A, attached hereto. All advertising and public relations services or supervision of advertising and public relations will be provided through the contracted agencies of the TDC and County. 3. InvoicinQ: The contracted agencies of record shall receive payment of work in progress upon submission of documented invoices associated with the event. Event sponsor fully understands that funding is obtained from tourist development taxes for which the fiscal year ends September 30,2007. Event sponsor also understands that the funding process through which this contract was made available by County requires event sponsors to submit their payment requests as quickly as possible and to finalize all such requests before the end of the fiscal year, if at all possible. In order for the tourist development taxes to be utilized most effectively for the purpose for which they were authorized, attracting and promoting tourism, the budgeting process of the County requires the event's funding to be concluded in a timely manner. In recognition that the timeliness of payment requests is of extreme importance to the funding of future advertising and promotion for the stability of the tourist-based economy, Event Sponsor agrees to submit by September 30, 2007, all invoices and support documentation as required by the County's Finance Department rules and policies. Event Sponsor shall not be reimbursed nor will Event Sponsor's vendors be paid directly for any invoices received by the County after September 30, 2007, except Key West Pops Orchestra Cultural Umbrella Funding FY 2007 that for events with promotional expenditures incurred between July 1 and September 30, 2007, invoices must be submitted within ninety (90) days of the conclusion of the event. 4. Reimbursement to County: Event Sponsor shall reimburse County for any amount of funds expended by County in connection with an event which does not occur as a result of any act or omission by Event Sponsor. 5. Indemnification: Event Sponsor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of the services provided, event sponsored, or other activities and funding associated with this agreement. Should event involve the serving or distribution of alcoholic beverages, Event Sponsor shall obtain prior to the event a Liquor Liability insurance policy naming Monroe County as a co-insured. 6. Records: Event Sponsor shall maintain records pursuant to generally accepted accounting principles for three (3) years after the event and shall permit County and its agents and employees access to said records at reasonable times. 7. Termination: County may terminate this agreement without cause by providing written notice to Event Sponsor, through its officer, agent, or representative, no less than sixty (60) days prior to the event and may terminate for breach upon providing to Event Sponsor, through its officer, agent or representative, notice at least seven (7) days prior to the effective date of the termination. Notice is deemed received by Event Sponsor when hand delivered, delivered by national courier with proof of delivery, or by U.S. mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. 8. Conflicts: Event sponsor is an independent contractor and shall disclose any potential conflicts of interest as defined by Florida Statutes, Chapter 112 and Monroe County Code, Article XXI. 9. Non-Collusion: By signing below, Event Sponsor warrants that he/she/it has not employed, retained or otherwise had act on his/her/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of the provision the County may, at its discretion terminate this contract without liability and may also, at its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former or present County officer or employee. 10. Public Entities Crimes: A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for Key West Pops Orchestra Cultural Umbrella Funding FY 2007 2 CA TEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 11. LOQo Requirement: All promotional literature and advertising must display the ''The Florida Keys & Key West, Monroe County Tourist Development Council, Come as You Are", logo/trade mark adopted by the TDC and County on November, 2000, (as per attached). Radio Advertising shall quote, "Brought to you by the Monroe County Tourist Development Council". No reimbursement or direct payment will be considered unless this logo/trade mark or slogan is utilized. 12. Insurance Requirements: Event Sponsor, as a pre-requisite of the Special Event governed by this agreement, shall obtain, at its own expense, insurance as specified in this section. Event Sponsor will not be permitted to commence work associated with the Event (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the county as specified below. Event Sponsor shall maintain the required insurance throughout the entire duration of the Special Event and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of the Event until the required insurance has been reinstated or replaced. Event Sponsor shall provide, to the County, as satisfactory evidence of the required insurance, either: Certificate of Insurance or * Certified copy of the actual insurance policy A certified copy of any or all insurance policies required by this contract shall be filed with the Clerk of the BOCC prior to the Event. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. Acceptance and/or approval of Event Sponsor's insurance shall not be construed as relieving Event Sponsor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies. Any deviations from these General Insurance Requirements must be requested in writing on the County form titled "Request for Waiver of Insurance Requirements" and must be approved by Monroe County Risk Management. Event Sponsor shall furnish the County with a certificate evidencing the insurance required by this paragraph not later than twenty (20) days prior to the event. Prior to commencement of work governed by this contract, Event Sponsor shall obtain General Liability Insurance. Coverage shall be maintained through out the life of the contract and include, as a minimum: * Premises Operations * Products and Completed Operations * Blanket contractual Liability * Personal Injury Liability * Expanded Definition of Property Damage The minimum limits acceptable shall be: Key West Pops Orchestra Cultural Umbrella Funding FY 2007 * 3 * $1,000,000.00 combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: * $500,000.00 per person * $1,000,000.00 per Occurrence * $100,000.00 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. Recognizing that the work governed by this contract involves the sales and/or distribution of alcoholic beverages, the Contractor's General Liability Insurance policy shall include Liquor Liability with limits equal to those of the basic coverage. A separate Liquor Liability policy is acceptable if the coverage is not more restrictive than the contractor's General Liability policy. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative, the I <6~\.-.-: day of G~. 2006. (SEAL) Attest: Danny L. Kolhage, Clerk G.~ Dep ty Clerk Board of County Commissioners of Monroe CoprJY v'( \ Mayor/Chairman (CORPORATE SEAL) The Key West Pops, Inc. Attest: By. Secretary ~ / I \ By . LA.~~-";A.~..,Lj ~-J--yL~-(JJ President \ ~ C /'''( j :~ ' ,:J r,.X.J -z Print Name Lu r~ A t--.) PI Print Name OR TWO WITNESSES ( ( /J .,~7 -L ! / (1) '-- . G,Yt/ <1:7'-(/.' ,~C~ (~)n '\I1C {\ del Print Name 4 Key West Pops Orchestra Cultural Umbrella Funding FY 2007 EXHIBIT A MONROE COUNlY TOURIST DEVELOPMENT COUNCIL CULTURAL UMBRELLA SCHEDULE OF EVENTS FISCAL YEAR 2007 EVENT NAME: The Key West Pops Orchestra List scheduled event activities in date order. If pre-promotion is included, indicate the event dates of the next season. If funded, funds will be reimbursed only for the promotion of event activities listed here. NOVEMBER 11, 2006 JIM TRAI NOR CABARET Jim opens the Pops season with a concert that offers music from the classical vocal recital repertoire including opera arias, plus memorable songs from the Broadway baritone songbook. His vocal program ranges from such composers as Brahms, Copland, Verdi, Strauss, Poulenc and Vaughan Williams to Bernstein, Rodgers, Sondheim, Loewe and Porter. DECEMBER 29 "FANFARE FOR THE NEW YEAR" The Pops orchestra performs upbeat music saluting the coming new year. Showcasing our Key West area's abundant talent, he program is designed to create a distinctly celebratory mood. "You will leave the concert with a smilel" JANUARY 2, 3 "WELCOME HOME, JERRY HERMAN" A performance of Jerry Herman's great music sung by two of his favorite singers, Lee Roy Reams and Leslie Uggams. Program includes classically familiar songs from Mame, Mac & Mabel, Hello Dolly, Milk and Honey, Jerry's Girls, & La Cage.awe Folies. Jerry will also sing a number of songs in person. FEBRUARY 2, 3 "LA CAGE AUX FOLLES" IN CONCERT Lee Roy Reams stars in and directs this production of one of Jerry Herman's big successes. Lee Roy has starred in both a La Cage national touring show and its acclaimed Las Vegas production. The balance of the singers will feature our local talent. IF FUNDED, EXHIBITS A AND B WILL BECOME PART OF YOUR CONTRACT AND TRANSMITTED TO THE OFFICE OF THE CLERK OF THE COURT. Monroe County Tourist Development Council CuUural Umbrella Application EXHIBIT B MONROE COUNTY TOUIST DEVELOPMENT COUNCIL CULTURAL UMBRELLA EVENT FUNDS BUDGET BREAKDOWN FISCAL YEAR 2007 EVENT NAME: THE KEY WEST POPS MEDIA ADVERTISING $ 5,500 BROCHURES, POSTERS, PROGRAMS $ 2,500 DIRECT MAIL & POSTAGE $ 600 PUBLIC RELATIONS $ 400 TOTAL: $ 9,000 ACTUAL EXPENDITURES MAY DEVIATE NO MORE THAN 10% FROM THE BUDGETED LINE ITEMS NOTED AB THE MAXIMUM REQUEST IS $25,000.00. FUNDS ARE PAID ON A REIMBURSEMENT BASIS. ALL PRINT AND TELEVISION MATERIALS MUST DISPLAY THE CURRENT TDC LOGO ALL BROADCAST ADVERTISING PLACED OUTSIDE MONROE COUNTY MUST INCLUDE THE LINE "SPONSORED IN PART BY THE FLORIDA KEYS AND KEY WEST, MONROE COUNTY TOURIST DEVELOPMENT COUNCIL." IF FUNDED, EXHIBITS A AND B WILL BECOME PART OF YOUR CONTRACT AND TRANSMITTED TO THE OFFICE OF THE CLERK OF THE COURT. TUf [LORIDA KfYS & KfY WfST HONRO[ COUNTY TOURIST OmLOPH[NT COUNCIl Come as you are~ TUf [LORIDA KfYS & KfY WfST HONRO[ COUNTY TOURIST OmLOPHfHT COUNCIl Come as you are3 TU[ [LORIDA KfYS & KfY WfST MONRO[ COUNTY TOURIST o['m.OPH[NT COUNCIl Come as you are~ TUf [LORIDA KfYS & KfY WfST HONRO[ COUNTY TOURIST omLOPHOH COUNCIL Come as you are3 TUf [LORIDA KfYS & KfY WfST HONRO[ COUNTY TOURIST OmLOPHfHT COUNCIl Come as you are3 TUf [LORIDA KfYS & KfY WfST HONRO[ COUNTY TOURIST OmLOPH[NT COUNCIl Come as you are3 TUf [lORIDA KHS &KfYWfST TUf [lORIDA KfYS &KfYWfST TUf [lORIDA KfYS &KHWfST MONROf COUNTY TOURIST O[V[LOPMfNT COUNCIL HONROf COUNTY TOURIST O[VliOPHfNT COUNOL MONROf COUNTY TOURIST O[V[LOPMfNT COUNCIL Come as you arei!! Come as you arei!! Come as you are3 TUf [lORIDA KHS & KfY WfST TUf [lORIDA KfYS & KfY WfST TUf [lORIDA KfYS & KfY WfST MONl<<lf COUNTY TOURIST O[VliOPMfNT COUNCIL HONROf COUNTY TOURIST O[V[LOPHfNT COUNCIL MONROf COUNTY TOURIST O[VliOPMfNT COUNCIL Come as you areill> Come as you are3 Come as you are<!l) THf flORIDA KfYS & KfY WfST THf flORIDA KfYS & KfY WfST THf flORIDA KfYS & KfY WfST MONRO[ COUNTY TOURIST O[V[lOPM[NT COUNCIL MONRO[ COUNTY TOURIST O[VUOPM[NT COUNCIL MONRO[ COUNTY TOURIST O[VUOPM[NT COUNCIL Come as you are@ Come as you are@ Come as you are@ THf flORIDA KfYS & KfY WfST THf flORIDA KfYS & KfY WfST THf flORIDA KfYS & KfY WfST MONRO[ COUNTY TOURIST O[VUOPM[NT COUNCIL MONRO[ COUNTY TOURIST O[VUOPM[NT COUNCIL MONRO[ COUNTY TOURIST O[VUOPM[NT COUNCIL Come as you are@ Come as you are@ Come as you are@ mf nORIDA KfYS & KfY WfST MONROf COUNTY TOURIST DfVfLOPMfNT COUNCIL Come as you are@ mf flORIDA KfYS & KfYWfST MONROf COUNTY TOURIST DfVfLOPMfNT COUNCIL Come as you are@ mf flORIDA KfYS & KfY WfST MONROf COUNTY TOURIST DfVfLOPMfNT COUNCIL Come as you are@ mf flORIDA KfYS & KfY WfST MONROf COUNTY TOURIST DfVrLOPMrNT COUNCIL Come as you are@ MCTG-3125 New Logo Slick L01 1996 Edido. :\-IONROE COUNTY, FLORIDA Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as specified in the County's Schedule ofInsurance Requirements, be waived or modified on the following contract Contractor: See Event Attachment ~ame o( Entity: ~ e ~ame o( Event: ~ Contract (or: Services ~ \}Je~t POpS, Inc. we\+ VtJpS Or( he~ trcA.... Address o( Contractor: c/o TDC Att: Maxine Phone: 305-296-1552 Scope o(Work: AdvertisinlZ and Promotion Reason (or Waiver: ProvidinlZ funds to promote event only.... Minimal exposure to county Policies Waiver will apply to: See Attached Signature o( Contractor: Approved Not Approved Risk Management: ~~----' Date: le/I~-()0 County Administrator Appeal: Approved ~ ot Approved Date: Board of County Commissioners Appeal: Approved ""ot Approved \leeting Date: Administration Instruction #4709.2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: JUNE 20, 2007 Division: TDC Bulk Item: Y es ~ No Department: Staff Contact Person/Phone #: Maxine Pacini 296-1552 AGENDA ITEM WORDING: Approval to rescind agreement with Islamorada Chamber of Commerce, Inc. for the production of the Florida Keys Holiday Festival on November 30 - December 1, 2007, in an amount of$25,000. ITEM BACKGROUND: The Islamorada Chamber of Commerce no longer wishes to use TDC funding for their event. PREVIOUS RELEVANT BOCC ACTION: BOCC approved original agreement at their meeting of October 18, 2006. CONTRACT/AGREEMENT CHANGES: Rescind Agreement STAFF RECOMMENDATIONS: Approval TOT AL COST: $25,000 BUDGETED: Yes ~ No COST TO COUNTY: $25,000 SOURCE OF FUNDS: TDC REVENUE PRODUCING: Yes~ No AMOUNT PER MONTH Year APPROVED BY: County Arty N/A OMB/Purchasing N/ A Risk Management N/ A DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 11/06 ., '2\ '",} 1'" i" --rZ '1 : Lf. ,:t:-~~ i,--~<rJri(1t~ ; >!(~:'-:~:~~<l.') HVvY. )1j _'-I '_, ;~-i_'f~j-,'r~C€r.Ct),rn ; -'; r.c -':"J~1(J~-tj;-nb8r!.::r.)rn ,":' Did 1\;\; 'J _" .~ if ~ ~ i I-~ ~ i " t ~ ;i}# 15 ~. ""~' ~L~ ~~'q.t f:~ 1: F:: () I"' 'C~ f~.J "\~--l_~v'~( f:~_>; /:';" " i~~. :();~ C"i':'::0-.J'~~-'ri:-I~? '1; I, " '';flf lJ 7 May I, 2007 ~-..........._,,-~--~ -,,-~.. Mrs. Patti Stanley DAC IV 81681 Overseas Highway Islamorada, FL 33036 Dear Patti: The Islamorada Chamber of Commerce would like to respectfully decline the use of the grant monies approved for the 3rd Annual Holiday Festival planned for Nov. 30 - Dec. 1,2007. We will be keeping the festival as a one-day event. We appreciate the support the DAC members have shown us on our past festivals and look forward to many more in the future. If you have any additional questions please do not hesitate to contact our Director at 664- 4503. <26~02-/ Jay Kaspri~~n~ President >, " ~ , -. '-f', .~~ -, : :'~ ;-I~ .~ , .~ '~ < -,~i Destination Events Agreement THIS AGREEMENT is entered into this /J-f::k day of () ~, 2006 by and between SOARD OF COUNTY COMMISSIONERS (County or SOCC), MONROE COUNTY, FLORIDA, and the Islamorada Chamber of Commerce, Inc. (Event Sponsor). NOW, THEREFORE, and in consideration of the mutual covenants, contained herein the parties agree as follows: 1. The SOCC agrees to pay from tourist development tax funds up to $25,000 (Twenty Five Thousand Dollars) for advertising and public relations for the Florida Keys Holiday Festival on November 30, 2007 - December 1, 2007 (See Exhibit A). 2. Scope of Services: Event Sponsor agrees to provide the County with an event as specified below: a). A two day Holiday Festival b). A Holiday Parade c). Arts and Crafts Vendors d). Decoration of a community tree e). Various contests for children and animals f). Stage area for musical and dance performances 3. All advertising and public relations services or supervision of advertising and public relations will be provided through the contracted agencies of the Tourist Development Council (TDC) and SOCC. The agencies of record shall receive payment of work in progress upon submission of documented invoices associated with said event. 4. Payment: Any payments directly to Event Sponsor or vendors associated with said event shall be as follows: Event Sponsor shall submit to TDC an invoice which shall indicate the task completed for which payment is sought, with proper documentation attached. No more than 10% of the total advertising and promotional costs paid under this agreement shall be attributable to in-county activity. County shall pay Event Sponsor, or directly to vendor upon request of Event Sponsor, pursuant to the Florida Prompt Payment Act upon receipt of a proper invoice. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the SOCC. Only acceptable expenses listed in the Monroe County Tourist Development Council Operations Manual shall be paid. 5. Accountinq: Event Sponsor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Event Sponsor r pursuant to this Agreement 2nd Annual Florida Keys Holiday Festival Destination Funding FY 2007 were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to Event Sponsor. 6. Modification: Line item changes to the advertising and promotion budget may be made up to but not exceeding 10% of the larger line item amount without requiring BOCC approval of the particular change. 7. Breach and Penalties: The parties agree to full performance of the covenants contained in this agreement, and the BOCC reserves the right at its discretion, provided such breach is material, to terminate this agreement for any misfeasance, malfeasance, or nonperformance of the agreement terms or negligent performance of the agreement terms by Event Sponsor. 8. Termination: This Agreement will terminate on March 31, 2008, unless earlier terminated pursuant to paragraph 7 or 9. All invoices must be submitted prior to March 31, 2008. 9. Non Occurrence of Event: If the event does not take place for any reason under control of Event Sponsor except for those reasons in paragraph 19, then Event Sponsor agrees to refund to the BOCC any amounts already paid under this agreement, and relieve the BOCe from any further payments. Event Sponsor shall give written notice to the Monroe County Tourist Development Council if it is found necessary to cancel an event. The notice shall contain the following specifics: 1) reason for cancellation, 2) documentation of the reason for cancellation and 3) person authorized to cancel including title and stated affiliation. 10. Indemnification and Hold Harmless: Event Sponsor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of the services provided, event sponsored, or other activities and funding associated with this agreement, except those losses or damages caused by BOCC or its agents. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. This provision shall survive the expiration or earlier termination of this Contract. 11. Insurance Requirements: Event Sponsor, as a pre-requisite of the Special Event governed by this agreement, shall obtain, at its own expense, insurance as specified in this section. Work associated with the Event (including pre-staging of personnel and material) shall not commence until satisfactory evidence of the required insurance has been furnished to the county as specified below. Event Sponsor shall maintain the required insurance throughout the entire duration of the Special Event and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of Florida Keys Holiday Fi:stival 2 the Event until the required insurance has been reinstated or replaced. Event Sponsor shall provide, to the County, as satisfactory evidence of the required insurance, either: * Certificate of Insurance or * Certified copy of the actual insurance policy A certified copy of any or all insurance policies required by this contract shall be filed with the Clerk of the BOCC prior to the Event. All insurance policies must specify that they are not subject to cancellation, non- renewal, material change or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. Acceptance and/or approval of Event Sponsor's insurance shall not be construed as relieving Event Sponsor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies. Any deviations from these General Insurance Requirements must be requested in writing on the County form titled "Request for Waiver of Insurance Requirements" and must be approved by Monroe County Risk Management. Event Sponsor shall furnish the County with a certificate evidencing the insurance required by this paragraph not later than twenty (20) days prior to the event. Prior to commencement of work governed by this contract, Event Sponsor shall obtain General Liability Insurance. Coverage shall be maintained through out the life of the contract and include, as a minimum: * Premises Operations * Products and Completed Operations * Blanket contractual Liability * Personal Injury Liability * Expanded Definition of Property Damage The minimum limits acceptable shall be: * $1,000,000.00 combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: * $500,000.00 per person * $1,000,000.00 per Occurrence * $100,000.00 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. Recognizing that the work governed by this contract involves the sales and/or distribution of alcoholic beverages, the Event Sponsor's General Liability Insurance policy shall include Liquor Liability with limits equal to those of the basic coverage. A separate Liquor Liability policy is acceptable if the coverage is not more restrictive than the contractor's General Liability policy. 12. Permits: Event Sponsor will secure all required permits, licenses including but not limited to occupational licenses. Florida Keys Holiday Festival 3 13. Taxes: The BOCC and TDC are exempt from Federal Excise and State of Florida Sales Tax. 14. Finance Charqes: The BOCC and TDC will not be responsible for any finance charges. 15. Relation of BOCC/TDC: It is the intent of the parties hereto that Event Sponsor shall be legally considered as an independent contractor and that neither it nor its employees shall, under any circumstances, be considered servants or agents of the BOCC and TDC and the BOCC and TDC shall at no time be legally responsible for any negligence on the part of said Event Sponsor, its employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 16. Disclosure: Event Sponsor shall be required to list any or all potential conflicts or interest, as defined by Florida Statute 112 and Monroe County Code. Event Sponsor shall disclose to the BOCC and TDC all actual or proposed conflicts of interest, financial or otherwise, direct or indirect, involving any client's interest which may conflict with the interest of the BOCC and TDC. 17. AssiQnment: Event Sponsor shall not assign, transfer, convey, sublet or otherwise dispose of this agreement, or of any or all of its right, title or interest therein, or his or its power to execute such agreement to any person, company or corporation without prior consent of the SOCC. 18. Compliance with laws: Event Sponsor shall comply with all federal, state and local laws and ordinances applicable to the work or payment for work thereof. 19. Nondiscrimination. County and Contractor agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or Contractor agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss.1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 use s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd- 3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VII I of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, Florida Keys Holiday Festival 4 relating to nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the bases of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 20. Force Maieure: Event Sponsor shall not be liable for delay in performance or failure to perform in whole or in part, the services due to the occurrence of any contingency beyond its control or the control of any of its subcontractors or suppliers, including labor dispute, strike, labor shortage, war or act of war whether an actual declaration thereof if made or not, insurrection, sabotage, riot or civil commotion, act of public enemy, epidemic, quarantine restriction, accident, fire, explosion, storm, flood, drought or other act of God, act of any governmental authority, jurisdictional action, or insufficient supply of fuel, electricity, or materials or supplies, or technical failure where the Event Sponsor has exercised reasonable care in the prevention thereof, and any such delay or failure shall not constitute a breach of the Agreement. Upon demand of TDC or BOCC, Event Sponsor must furnish evidence of the causes of such delay or failure. BOCC shall not pay for any services or activities, promotional or otherwise, connected with an event produced after the date(s) described in paragraph 1 and Scope of Services. 21. Governinq LawNenue: This Agreement shall be governed and construed by and in accordance with the laws of the State of Florida and the County of Monroe and Federal law. Venue for any dispute concerning this Agreement shall be in Monroe County. 22. Security Protection: Event Sponsor agrees to provide adequate security for the event. No TDC funds will be used for this purpose. 23. Ownership: All advertising and promotion work performed under the agreement and paid for by the BOCC and TDC shall be the property of the BOCC and TDC, for whatever use and/or disposition the BOCC and TDC may deem appropriate. 24. Loqo: All promotional literature and display advertising with the exception of generic advertising must display the "Florida Keys & Key West, Monroe County Tourist Development Council Come As You Are" logo/trade mark (as per enclosed). This logo/trade mark was adopted by the TDC and County in November 2000. No re- imbursement will be provided to those entities utilizing the old logo/trade mark "Florida Keys & Key West Come as you are". Radio Advertising should read "Brought to you by the Monroe County Tourist Development Council". 25. Severability: If any provision of this Agreement shall be held by a Court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby; and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 26. Authority: Each of the signatories for the sponsor below certifies and warrants that: Florida Keys Holiday Festival 5 a) The sponsor's name in the agreement is the full name as designated in its corporate charter, and b) they are empowered to act and agreement for the sponsors and c) this agreement has been approved by the sponsor's Board of Directors. 27. Ethics Clause: Event Sponsor warrants that it has not employed, retained or other wise had act on its behalf, any former COUNTY officer or employee in violation of Section 2 or Ordinance No. 10-1990 or any COUNTY officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of the provision the COUNTY may, at its discretion terminate this agreement without liability and may also, at its discretion, deduct from the agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former or present COUNTY officer or employee. 28. Public Entity Crimes: "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for period of 36 months from the date of being placed on the convicted vendor list." 29. Federal and State Aid: Event Sponsor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement: provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 30. Adiudication of Disputes or Disaqreements: County and Event Sponsor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 31. Non-Waiver of Immunity: Notwithstanding he provisions of Sec. 286.28, Florida Statutes, the participation of the County and the Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 32. Privileqes and Immunities: All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree Florida Keys Holiday Festival 6 and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 33. Leqal Obliqations and Responsibilities: Non-Deleqation of Constitutional or Statutory Duties: This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 34. Non-Reliance by Non-Parties: No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 35. Section Headinqs: Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 36. No Solicitation/Payment: The County and Event Sponsor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 37. Public Access: The County and Event Sponsor shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Contractor. 38. Severability: If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and Florida Keys Holiday Festival 7 3052923516 MONROE COUNTY A TT (' '09 a m 09.08.2006 2/3 each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid proVision that comes as close as possible to the intent of the stricken provision. 39. Attornev's Fees and Costs: The County and Event Sponsor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall Include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 40. Entire Aareement: The parties agree that the Agreement above constitutes the entire agreement between the soee and Event Sponsor. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. ( SEAL} Attest: Danny L. Kolhage, Clerk G:..~ Deputy Clerk Board of County Commissioners of Monroe Aounty lI) j .. MaYOr/Chairn~~m (CORPORATE SEAL) Attest: Islamorada Chamber of Commerce, Inc. By. Secretary BY\;:) (),~,,-~-i. J!J2Qi~ President ~{S()JLL4.4 ~LLI ~ Print Name Print Name OR TWO WITNESSES (1 ) (2) Print Name Print~ame 8 MONRoe COUNTY ATTORNEY APPRQ ED AS TO FORM: , Florida Keys Holiday Festival "".... EXHIBIT B MONROE COUNTY TOUIST DEVELOPMENT COUNCIL DESTINATION EVENT BUDGET BUDGET BREAKDOWN line items listed below must be approved by the appropriate agency of record FISCAL YEAR 2007 FLORIDA KEYS HOLIDAY FEST EVENT NAME: MEDIA PLACEMENT & PRODUCTION COSTS: newspaper, radio, magazines, TV, website/intemet advertising only $ 20,000 PROMOTIONAL SIGNS: posters/banners $ $ 850 PROMOTIONAL ITEMS: t-shirts, hats, jackets, koozie cups 400 DIRECT MAIL PROMOTIONS: brochures/pamphlets! postage & shipping PROGRAMS: PUBLIC RELATIONS "GENERAL NON-AlLOCATED TOTAL: $ $ 3,750 25,000 "GENERAL NON AlLOCATED MAY NOT EXCEED 15% OF THE ABOVE BUDGET. AND CAN ONLY BE UTILIZED FOR ACCEPTABLE TOe ITEMS. ACTUAL EXPENDITURES MAY DEVIATE NO MORE THAN 10% FROM THE BUDGETED LINE ITEMS NOTED ABOVE. TUf nORIDA KfYS & KfY WfST MONRor COUNTY TOURIST Orv[lOPM[NT COUNCIl Come as you are~ TUf nORIDA KfYS &KfYWfST MONRor COUNTY TOURIST OrV[lOPMOH COUNCIl Come as you are~ TUf nORIDA KfYS & KfY WfST MONRor COUNTY TOURIST omlOPMrNT COUNCIl Come as you aree TUf nORIDA KfYS & KfYWfST MONRor COUNTY TOURIST O[Y[lOPMrNT COUNCIl Come as you are@ TUf nORIDA KfYS & KfY WfST MONRor COUNTY TOURIST OrV[lOPMrNT COUNCil Come as you are'" TUf nORIDA KfYS &KfYWfST MONRO[ COUNTY TOURIST OmlOPM[NT COUNCIl Come as you are@ TUE [lORIDA KEYS & KEY WfST TUf [lORIDA KEYS & KEY WfST TUf [lORIDA KEYS & KEY WfST MONRO[ COUNTY TOURIST OmWPM[NT COUNCIL MONRO[ COUNTY TOURIST O[VUOPM[NT COUNCIL MONRO[ COUNTY TOURIST OmWPM[NT COUNCIL Come as you are@ Come as you are@ Come as you are@ TUf [lORIDA KEYS & KEY WfST TUf [lORIDA KEYS & KEY WfST TUf [lORIDA KEYS & KEY WfST MONRO[ COUNTY TOURIST OrvUOPMrNT COUNCIL MONRO[ COUNTY TOURIST OmWPM[NT COUNCIL MONRO[ COUNTY TOURIST OmWPM[NT COUNCIL Come as you are@ Come as you are@ Come as you are@ THf [lORIDA KfYS & KfY WfST THf [lORIDA KfYS & KfY WfST THf [lORIDA KfYS & KfY WfST MONRO[ COUNTY TOURIST O[V[LOPM[NT COUNCIL MONRO[ COUNTY TOURIST O[V[LOPM[NT COUNCIL MONRO[ COUNTY TOURIST O[V[LOPM[NT COUNCIL Come as you are@ Come as you are@ Come as you are@ THf [lORIDA KfYS & KfY WfST THf [lORIDA KfYS & KfY WfST THf [lORIDA KfYS & KfY WfST MONRO[ COUNTY TOURIST O[VUOPM[NT COUNCIL MONRO[ COUNTY TOURIST O[V[LOPM[NT COUNCIL MONRO[ COUNTY TOURIST O[VUOPM[NT COUNCIL Come as you are@ Come as you are@ Come as you are@ ruE nORIDA KEYS & KEY WEST MONRO[ COUNTY TOURIST D[VHOPM[NT COUNCIL Come as you are@ ruE flORIDA KEYS &KEYWEST MONRO[ COUNTY TOURIST D[VHOPM[NT COUNCIL Come as you are@ TUE flORIDA KEYS & KEY WEST MONRO[ COUNTY TOURIST D[VHOPM[NT COUNCIL Come as you are@ ruE flORIDA KEYS & KEY WEST MONRO[ COUNTY TOURIST D[VHOPM[NT COUNCIL Come as you are@ MCTG-3125 New Logo Slick L01 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: JUNE 20, 2007 Division: TDC Bulk Item: Yes ~ No Department: Staff Contact PersonlPhone #: Maxine Pacini 296-1552 AGENDA ITEM WORDING: Approval of a resolution transferring funds from DAC IV Event Resources to DAC IV Advertising Campaign ITEM BACKGROUND: TDC approved same at their meeting of June 12, 2007 PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: Transfer money STAFF RECOMMENDATIONS: Approval TOTAL COST: $25,000 BUDGETED: Yes --X- No COST TO COUNTY: $25,000 SOURCE OF FUNDS: TDC REVENUE PRODUCING: Yes ~ No AMOUNTPERMONTH_ Year APPROVED BY: County Arty ~ OMB/Purchasing N/A Risk Management N/ A DOCUMENT A TION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 11/06 RESOLUTION NO. -2007 RESOLUTION TRANSFERRING FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted transfers set up in the Monroe County Budget for fiscal year 2006- 2007 and to create new items under said budget, now, therefore. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the budgeted amounts previously set up in the Monroe County Budget for the fiscal year 2006-2007 in the amounts hereinafter set forth be transferred to and from the following account. Transfer from District IV, 3 CENT Item #120 70030 530340 T70S537X 530340 Function #5500 Events Resources The sum of $25,000.00 Into District IV, 3 CENT Item #120 70020 530480 T70P239X 530480 Function #5500 District IV Advertising Campaign BE IT FURTHER RESOLVED BY SAID BOARD that the Clerk of Board be and he is hereby authorized to take the necessary action to effect the transfers of funds heretofore set forth. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the _day of , AD. 2007. Mayor di Gennaro Mayor Pro Tern Spehar Commissioner Neugent Commissioner McCoy Commissioner Murphy (SEAL) BY: Mayor/Chairman BOARD OF COUNTY COMMISSION OF MONROE COUNTY, FLORIDA ATTEST: NCIL MONROE COUNTY ATTORNEY APPROVED AS TO FORM: '-;-7 L ) .--- '~~~:N!:7 G~;~C~yL.k':~l ASSISTANT COUNTY ATTORNEY Date r -<? (;7 CLERK BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: JUNE 20, 2007 Division: TDC Bulk Item: Yes X No Department: Staff Contact PersonlPhone #: Maxine Pacini 296-1552 AGENDA ITEM WORDING: Approval to rescind agreement with The Redbone, Inc. covering the Redbone @ Little Palm Island Grand SLAM on August 14-16,2007 in an amount of$5,500. ITEM BACKGROUND: The event coordinator has informed the TDC office that the venue for the event will not be available and the event is to be cancelled. PREVIOUS RELEVANT BOCC ACTION: BOCC approved original agreement at their meeting of October 18, 2006. CONTRACT/AGREEMENT CHANGES: Rescind Agreement STAFF RECOMMENDATIONS: Approval TOTAL COST: $5,500 BUDGETED: Yes --K- No COST TO COUNTY: $5,500 SOURCE OF FUNDS: TDC REVENUE PRODUCING: Yes X No AMOUNTPERMONTH_ Year APPROVED BY: County Arty N/ A OMB/Purchasing N/ A Risk Management N/ A DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 11/06 Page 1 of 1 Pacini-Maxine From: FishUmbrella@aol.com Sent: Sunday, May 27, 2007 9:33 PM To: AdminAsst@Fla-Keys.com Subject: Re: 2008 Budget Breakdown The Little Palm Island 2007 event being canceled. Christina In a message dated 5/17/200710:35:07 A.M. Eastern Daylight Time, Redbonelnc writes: Thank you, Christine, Baybone is Sept. 28-30. Looks like Little Palm Island is going to be cancelled. They will be doing major renovations during our dates and will not have the number of bungalows we would need available. Susan Ellis Executive Director Redbone, Inc. PO Box 273 Islamorada, FL 33036 (305) 664-2002 "working to catch the cure for cystic fibrosis" See what's free at AQL,GQITl. :;nQn007 FUNDING AGREEMENT THIS AGREEMENT is made and entered into by and between Monroe County, Florida, a political subdivision of the state of Florida ("County"), and The Redbone, Inc. ("Event Sponsor"). WHEREAS, Florida Keys Fishing Tournaments, Inc., the umbrella organization under contract to the County, has recommended to the Monroe County Tourist Development Council (hereinafter "TDC"), which has endorsed the recommendation, that certain monies be allocated for promotion of an event by Event Sponsor; and WHEREAS, Event Sponsor has represented and agreed that it desires and is able to conduct the event; NOW, THEREFORE; in consideration of the mutual promises contained herein, the parties agree as follows: 1. County shall pay a sum not to exceed $5,500 (Five Thousand and Five Hundred Dollars) for promotion and related expenditures, as described in the event budget, attached hereto as Exhibit 8, for production of Redbone @ Large Little Palm Island Grand SLAM on August 14-16, 2007 ("Event"). Payment will be made only after Event Sponsor submits invoices and support documentation acceptable to the County's Finance Department within ninety (90) days of the conclusion of the Event. Funding under this agreement terminates ninety days after the conclusion of the Event. The advertising and promotion budget for County funding may be altered as to the individual line items, or components, within 10% of the amount stated for that item or component, without increasing the total dollar amount and without requiring a written amendment to this agreement. The general non-allocated section of the Event budget may be utilized for unforeseen allowable expenditures and for those budget lines that may require additional funds, according to County guidelines. Monroe County's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the County. 2. In a situation where the Event has to be postponed due to a named storm or hurricane for which the County orders a visitor and/or resident evacuation order, the Event Sponsor shall have thirty (30) days to provide to Florida Keys Fishing Tournaments, Inc. notice of a new date for the Event, and shall produce the re-scheduled Event within ninety (90) days of the original date of Event. The rescheduled date shall be authorized, in writing, by The Florida Keys Fishing Tournaments, Inc. and forwarded to the Tourist Development Council administrative office to be processed in the form of an Amendment to this Agreement. If the Event Sponsor is unable to reschedule the Event, the Event Sponsor shall provide proof of the cancellation being caused by a named storm or hurricane, and a written statement as to why the Event cannot be rescheduled. If the Event is cancelled or rescheduled due to a named storm or hurricane for which the County orders a visitor and/or resident evacuation order, the County shall pay for promotion or related expenditures of any combination of invoices for the original event date, and/or the rescheduled date up to the amount, but not to exceed the amount of funds allocated as described in the budget, attached hereto as Exhibit 8. 3. Event Sponsor shall provide promotion and related services as described in the Sponsor's application for funding, Exhibit A, attached hereto. All advertising and public relations services or supervision of advertising and public relations will be provided through the contracted agencies of the TDC and County. The agencies of record, shall receive payment of work in progress Redbone @ Large Little Palm Island Grand Slam Fishing Umbrella Funding FY 2007 upon submission of documented invoices associated with the Event. Event Sponsor fully understands that funding is obtained from tourist development taxes for which the fiscal year ends September 30, 2007. Event Sponsor also understands that the funding process through which this was Agreement is made available by County requires event sponsors to submit their payment requests within ninety (90) days of the conclusion of the event. In order for the tourist development taxes to be utilized most effectively for the purpose for which they were authorized, attracting and promoting tourism, the budgeting process of the County requires the Event's funding to be concluded in a timely manner. In recognition that the timeliness of payment requests is of extreme importance to the funding of future advertising and promotion for the stability of the tourist-based economy, Event Sponsor agrees to submit within ninety (90) days of the conclusion of the Event all invoices and support documentation as required by the County's Finance Department rules and policies. Event Sponsor shall not be reimbursed nor will Event Sponsor's vendors be paid directly for any invoices received by the County after November 14.2007. 4. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Event Sponsor agree that neither the County nor the Event Sponsor or any agent, officer, or employee of either, shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in the Agreement. 5. Event Sponsor shall reimburse County for any amount of funds expended by County in connection with the Event if it does not occur as a result of any act or omission by Event Sponsor. 6. Event Sponsor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of the services provided, event sponsored, or other activities and funding associated with this agreement. Should the Event involve the serving or distribution of alcoholic beverages, Event Sponsor shall obtain prior to the Event, a Liquor Liability insurance policy naming Monroe County as a co- insured. 7. Event Sponsor shall maintain records pursuant to generally accepted accounting principles for three (3) years after the Event and shall permit County and its agents and employees access to said records at reasonable times. 8. County may terminate this agreement without cause upon providing written notice to Event Sponsor no less than sixty (60) days prior to the Event and may terminate for breach upon providing to Event Sponsor notice at least seven (7) days prior to the effective date of the termination. 9. Event Sponsor is an independent contractor and shall disclose any potential conflicts of interest as defined by Florida Statutes, Chapter 112 and Monroe County Code, Article XXI. 10. Event Sponsor warrants that he/she/it has not employed, retained or otherwise had act on his/her/its behalf any former County officer or employee in violation of Section 2 or Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of the provision the County may, at its discretion terminate this contract without liability and may also, at its discretion, deduct from the contract or purchase price, or otherwise Redbone @ Large Little Palm Island Grand Slam Fishing Umbrella Funding FY 2007 2 recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former or present County officer or employee. 11. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing below, Event Sponsor warrants that he/she/it is not in violation of this paragraph. 12. All promotional literature and advertising must display the "The Florida Keys & Key West, Monroe County Tourist Development Council, Come as You Are", logo/trade mark adopted by the TDC and County on November, 2000, attached hereto. Radio Advertising shall read "Brought to you by the Monroe County Tourist Development Council". No reimbursement or direct payment will be considered unless this logo/trade mark is utilized. 13. Insurance Requirements are as follows: Event Sponsor, as a pre-requisite of the Special Event governed by this agreement, shall obtain, at its own expense, insurance as specified in this section. Event Sponsor will not be permitted to commence work associated with the Event (including pre- staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the county as specified below. Event Sponsor shall maintain the required insurance throughout the entire duration of the Special Event and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of the Event until the required insurance has been reinstated or replaced. Event Sponsor shall provide, to the County, as satisfactory evidence of the required insurance, either: * Certificate of Insurance or * Certified copy of the actual insurance policy A certified copy of any or all insurance policies required by this contract shall be filed with the Clerk of the BOCC prior to the Event. All insurance policies must specify that they are not subject to cancellation, non- renewal, material change or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. Acceptance and/or approval of Event Sponsor's insurance shall not be construed as relieving Event Sponsor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies. Any deviations from these General Insurance Requirements must be requested in writing on the County form titled "Request for Waiver of Insurance Requirements" and must be approved by Monroe County Risk Management. Event Sponsor shall furnish the County with a certificate evidencing the insurance required by this paragraph not later than twenty (20) days prior to the Event. Prior to commencement of work governed by this contract, Event Sponsor shall obtain General Liability Insurance. Coverage shall be maintained through out the life of the contract and include, as a minimum: * Premises Operations Products and Completed Operations Redbone @ Large Little Palm Island Grand Slam Fishing Umbrella Funding FY 2007 * 3 * Blanket contractual Liability * Personal Injury Liability * Expanded Definition of Property Damage The minimum limits acceptable shall be: * $1,000,000.00 combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: * $500,000.00 per person * $1,000,000.00 per Occurrence * $100,000.00 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions shall include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the Event. Recognizing that the work governed by this contract involves the sales and/or distribution of alcoholic beverages, the Contractor's General Liability Insurance policy shall include Liquor Liability with limits equal to those of the basic coverage. A separate Liquor Liability policy is acceptable if the coverage is not more restrictive than the Event Sponsor's General Liability policy. 14. Event Sponsor shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and Vendor, which approval shall be subject to such conditions and provisions as the Board may deem necessary. ;.~ ;C~;:: 1!f'.:W.,..,.~TN..ESS ~HEREOF, each party has caus~d ~ip Agreement to be executed by its duly i,,::~~~r~~()f~sentatlvel the_t%~ day of O~ 2006. " ~~;l~l" Kol ge, Clerk :'~:n~~~UI~f)J.ty~. ~ommissioners ../ . .;>.' '~ 'i~;~~ \..; ~:.. ~~puty lerk MayoilC~airman (CORPORATE SEAL) Attest: By. Secretary print~ ~ lL,' s Print Name OR (1) Witness Print Name (2) Witness 4 IvlONROE COUNTY ATTORNEY APPROVED AS TO FORM: ~ Lc 1& ~ SU~ N M. GRIM LEY ,.\,SSISTANi COUNTY ATTORNEY Print Name Redbone @ Large Little Palm Island Grand Slam Fishing Umbrella Funding FY 2007 Exhibit A 2007 LIITLE PALM ISLAND GRAND SLAM ITINERARY AUl:ust 14Juesd~ 2-6:00 p.m. Registratio~ Angler/Guide, Ubrary, lJttJe PaJm Island 2:00 p.rn. Silent Auction Opens, Dining Room 6:00 p.m. Cocktail Party & Captains Meeting, Dining Room 7:00 p.m. Kick-off Dinner, Dining Room Auvust 15. Wednesw.y 6:30 a.rn. Continental Breakfast, Dockside 7: 15 a.m. Blessing of the Heet & Go Fishing 3:00 p.m. Lines Out 3-5:00 p.rn. Poolside Party 7:00 p.m. Pool Barbecue AUl:ust 16, Thursday 6:30 a.m. Continental Breakfast, Dockside 7: 15 a.rn. Lines In 3:00 p.m. Lines Out 3-5:00 p.m. PooJside Party 6-700 p.rn. Silent Auction Reception and Closing-Dining Room & Veranda 7:00 p.m. A wards Banquet, Dining Room Exhibit B BC~G~~ B~EAK0C~~ ?~C~IJA KEYS ?ISn=~G ~OC~Kfu~E~7S, =~C. CC~OBE~ 1, 2006 70 SEP7E~BE~ 30, 20C~ ~ecbc~e @ :arge ~itt~e Pa~~ Is~a~d Grand S:am 7CC~~A.~E~" XA.~E A~gust :4-16, 2007 TClJRNA1\1EN7 ;::;A 7E DIRECT VAIL & POSTAGE $--0-- BROCHURES, POSTERS, PROGRfu\1S, PATCHES $2,175 TROPHIES $1,500 PHOTO PROGRAM $--0-- MEDIA ADVERTISING $--0-- T-SHIRTS, CAPS, JACKETS $1,000 *GENERAL NON-ALLOCATED $ 825 $ 5,500 *GENERAL NON-ALLOCATED IS NOT TO EXCEED 15% OF THE TOURNAMENTS TOTAL BUDGET. *TOURNAMENTS CAN NOT EXCEED MORE THAN 30% OF THE TOTAL BUDGET IN TROPHY LINE ITEM EXCEPT WHEN TOURNAMENTS GET SPECIAL APPROVAL FROM FKFT, INC. 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