FY2009 12/17/2008
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
December 18, 2008
TO:
Lynda Stuart, Office Manager
Tourist Development Council
ATTN:
Maxine Pacini
Administrative Assistant
FROM:
Pamela G. Hanc~~
Deputy Clerk 0-
At the December 17, 2008, Board of County Commissioners meeting the Board approved
the following:
.I Turn Key Events Agreement between Monroe County and Bauer Restaurant, Inc. to cover
Key West Songwriter's Festival on April 29 - May 3, 2009 in an amount not to exceed $45,000,
DAC I, FY 2009 Event Resources.
Amendment to Agreement between Monroe County and Key West Botanical Garden
Society, Inc. to extend termination date to July 30, 2009.
Turn Key Events Agreement between Monroe County and Conch Republic Offshore
Power Boat Racing Association, Inc. covering the Key West World Championship Race in an
amount not to exceed $75,000, DAC I, FY 2009 Event Resources.
Destination Events Agreement between Monroe County and Lower Keys Chamber of
Commerce, Inc. covering Big Pine and Lower Keys Island Art Festival on December 13, 2009 in
an amount not to exceed $9,000, DAC II, FY 2009 Event Resources.
to provide 0
f\ommlstralive OtllCe.
mg space for the Monroe County
Amendment (1st Amendment) to Agreement between Monroe County and The Redbone,
Inc. to revise dates ofthe Mercury Baybone Celebrity Tournament to October, 2009 in an amount
not to exceed $7,000, FY 2009 Two Penny Fishing Umbrella Funding.
Amendment (I st Amendment) to Agreement between Monroe County and Redbone, Inc.
to revise date of the Mercury Baybone Celebrity Tournament to October 2008, in an amount not
to exceed $7,000, Two Penny Fishing Umbrella Funding.
Destination Events Agreement between Monroe County and Upper Keys Business Group,
Inc. covering the Key Largo Singers & Songwriters Festival in May 2009, in an amount not to
exceed $25,000, DAC V, FY 2009 Event Resources.
1st Amendment to Agreement between Monroe County and Key West Inn Keepers
Association, Inc., to correct date of the Lighted Historic Tour to November and December, 2007
in the amount not to exceed $3,000 FY 2008 Two Penny Cultural Umbrella Funding.
Amendment (2nd Amendment) to Agreement between Monroe County and Florida Keys
Land and Sea Trust, Inc. for Crane House Restoration Project in an amount not to exceed
$172,000, DAC III, FY 2009 Capital Resources.
Enclosed are two duplicate originals of each of the above-mentioned for your handling.
Should you have any questions please feel free to contact our office.
cc: County Attorney
Finance
File
Turn Key Events Agreement
II- /i
THIS AGREEMENT (Agreement) is entered into this ) 9 day of V 10, ,2008,
by and between MONROE COUNTY, a political subdivision of the state of Florida (County)
and Bauer Restaurant, Inc. a business organized under the laws of the state of Florida (Event
Sponsor).
WITNESSETH:
In consideration of the mutual covenants contained herein the parties agree as follows:
1. Pavment: The COUNTY agrees to pay $45,000 (Forty Five Thousand Dollars)
for: Key West Songwriter's Festival on April 29, 2009 - May 3, 2009 from tourist
development tax funds provided Event Sponsor meets all of its obligations under this
agreement.
2. ScoDe of Services: The Event Sponsor agrees to provide the County with an
event as specified in the Scope of Services below (Event):
a). Opening Party for Songwriters
b). Four (4) paid concerts at various locations in Key West
c). Fourteen (14) free shows at various locations in Key West
d). Songwriters brunch
3. Pavment: Upon receipt from Event Sponsor of documentation, reviewed and
verified by the Tourist Development Council (TDC) Administrative Office, proving that event
has been produced and promoted through marketing literature, advertising program/publication
ads, television coverage, publicity and on-site advertising, and that the required insurance was
obtained no less than twenty days prior to the event, COUNTY shall pay the sum in Paragraph
1.
Monroe County's performance and obligation to pay under this contract is contingent
upon an annual appropriation by the COUNTY.
4. Accountina: Financial reco~ds of Sponsor pertaining to this project shall be kept
according to generally recognized accounting principles and shall be available to the COUNTY
or to an authorized representative for audit. Records shall be retained a minimum of three
years after contract ha~ been performed.
Key West Songwriters Festival
FY 2009
Contract 10#: 524
1
5. Modification: Any changes to this contract may be made only by written mutual
agreement, recommended by the TDC and approved by the COUNTY.
6. Termination: This Agreement terminates on September 30, 2009. All invoices
must be submitted prior to September 30, 2009.
7. Non Occurrence of Event The 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.
8. Indemnification and Hold Harmless: The Event Sponsor covenants and agrees
to indemnify and hold harmless and defend Monroe County, its officers, employees and agents
including the Tourist Development Council and Visit Florida Keys 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 COUNTY or its agents.
9. 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 wor1< 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 through out the entire duration of the Event and any extensions
specified in any attached schedules. Failure to comply with this provision shall release County
of any obligation to compensate event sponsor. Further, any material misstatement in the
application for insurance coverage shall release County from it's obligations to pay under this
agreement. Event Sponsor shall provide, to the County, as satisfactory evidence of the
required insurance, including the insurance policy application and either:
* Original Certificate of Insurance
or
Certified copy of the actual insurance policy
,
An original certificate or a certified copy of any or all insurance policies required by this
contract shall be filed with the Clerk of the COUNTY prior to the Event. The insurance
polley must state t!1at the Monroe County is the certificate holder and additional
Insured. Insurance 'Should be mailed to:
*
Key West Songwriter's Festival
FY 2009
Contract 10#: 524
2
Monroe County Board of County Commissioners
CIO Risk Management
1100 Simonton Street
Room 1.213
Key West, FL 33040
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 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 shall
be included as "Additional Insured" on all policies, exempt workers compensation.
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 throughout 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
Key West Songwriter's Festival
FY 2009
Contract 10#: 524
3
this contract. In addition, the period for which ciaims 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
that the contractor's General Liability policy.
A Workers Compensation insurance is required by Florida Statutes.
10. Permits: The Event Sponsor will secure all required permits, licenses including
but not limited to occupational licenses.
11. Laws and Reaulations: Any and all services, materials and equipment shall
comply fully with all Local, State and Federal laws and regulations.
12. Taxes: The COUNTY and TOC are exempt from Federal Excise and State of
Florida Sales Tax.
13. Finance Charaes: The COUNTY and TDC will not be responsible for any
finance charges.
14. Relation of COUNTYITOQ: It is the intent of the parties hereto that the 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 COUNTY
and TOC, and the COUNTY and TOC 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.
15. Disclosure: The Event Sponsor shall be required to list any or all potential
conflicts or interest, as defined by Florida Statute 112 and Monroe County Code. The Event
Sponsor shall disclose to the COUNTY and TOC 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 and TDC.
16. Assianment: The 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 TOC and COUNTY.
17. Comoliance with laws - No'~discrimination: The Event Sponsor, shall comply
with all federal, state and local taws and ordinances applicable to the work or payment for work
thereof, and shall not discriminate on the grounds of race, color, religion, sex, age, or national
Key West Songwriter's Festival
FY 2009
Contract 10#: 524
4
origin in the performance of work under this Agreement. This Agreement shall be subject to
all federal, state, and local laws and ordinances.
18. Securitv Protection: The Event Sponsor agrees to provide adequate security
for the event.
19, Ethics Clause: The Event Sponsor warrants that it has not employed, retained
or other wise had act on its behalf, any former County office 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.
20. Media riahts: The TDC shall have the right to broadcast, rebroadcast, use,
reproduce or transmit for any purpose whatsoever, radio, television, pictures, sound, film and
tape motion pictures and still photographs paid tor by the COUNTY and TDC under this
agreement.
21. Loao: All promotional literature and display advertising with the exception
of generic advertising must display the "Florida Keys & Key West Come As You Are"
logo/trade mark (as per attached logo sample). This logo/trade mark was adopted by the
TDC and County in December 2006.
In-Countv Loao: The logo that includes the "Monroe County Tourist Development Council"
designation is to be utilized in all approved in-county print newspaper ads, magazine ads,
street banners, posters and other approved signage efforts. Radio commercials should
include "Brought to you by The Monroe County Tourist Development Council", To seek
approval, clarification and/or logo in electronic format (eps or jpg file), contact John Underwood
with Tinsley Advertising at 305-856-6060.
Out of Countv Loao: The out of county logo does NOT include the "Monroe County Tourist
Development Council" designation and is to be utilized in all other efforts including any
approved out-ot-county print newspaper ads, magazine ads, television commercials, internet
advertising (banners, buttons, e-mail blasts), direct mail promotions (brochures and pamphlets)
and any approved promotional items including programs, T-shirts, hats, jackets, trophies and
koozie cups. Radio commercials should include "Brought to you by The Monroe County
(
Tourist Development Council". To seek approval, clarification and/or logo in electronic format
(eps orjpg file), contact Emerson Fales or John Underwood at Tinsley Advertising at 305-856-
6060.
Key West Songwriter's Festival
FY 2009
Contract 10#: 524
5
22. Severabilitv: If any provision of this Agreement shall be held by a Court of
competent jurisdiction to be invalid or unenforceable, all 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.
23. Authoritv: Each of the signatories for the sponsor below certifies and warrants
that:
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 execute the agreement for the Sponsor and c)
this Agreement has been approved by the Sponsor's Board of Directors.
24. Public Entitv 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 proposal on
a contract to provide any gOOds or services to a public entity, may not submit a proposal on a
contract with a public entity for the construction or repair of a public building or public work,
may not submit proposals 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 execution of this Agreement, Sponsor
warrants that it is in compliance with this requirement.
25. Govemina LawNenue: This Agreement shall be govemed by and construed in
accordance with the laws of the State of Florida applicable to contracts made and to be
performed entirely in the State. In the event that any cause of action or administrative
proceeding is instituted for the enforcement or interpretation of the agreement, the County and
Sponsor agree that venue shall lie in the appropriate court or before the appropriate
administrative body in Monroe County, Florida. This Agreement shall not be subject to
arbitration.
26. Notice: Any notice required or permitted under this agreement shall be in writing
and had delivered or mailed, postage prepaid, to the other party by certified mail, retumed
receipt requested to the following:
For Grantee: Charlie Bauer
Bauer Restaurant, Inc.
I
1723 Jamaica Drive
Key West, FL 33040
Key West Songwriter's Festival
FY 2009
Contract 10#: 524
6
Att
For Grantor: Lynda Stuart
Monroe County Tourist Development Council
1201 White Street, Suite 102
Key West, FL 33040
And
Cynthia Hall, Asst. County Attomey
P.O. Box 1026
Key West, FL 33041-1026
27. Entire Aoreement: The parties agree that the Agreement above constitutes the
entire ag~nt between the COUNTY and Event Sponsor
AN wItNess WHEREOF, the parties hereto have executed this agreement the day and
/: ,.I'c~~_;:~'
yea[(fir'$t.V~ written.
y . I Board of County Commissioners
*:-c.(r~n~~ e4-
Mayor/61airman ,
(CORPORATE SEAL)
Attest:
By.
Bau Restaurant, Inc.
Secretary
Print Name
Date:
By
'C,esldent
~(/66 c?:, lW- e-r2...
Pri nt Name
Date: ~~ -.i-7- ~8
OR TWO WITNESSES
(1 )
(2)
Print Name:
Print Name:
Date:
Date:
LC)
-:.J
MONROE COUNTY ATTORNEY
A~~~.F~
I . AI,;
ASSIS! NT COUNTY ATTORNEY
Date 10- tito-l!)g
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Key West Songwriter's Festival
FY 2009
Contract 10#; 524
7
In-County Loao
The
Floridd Keys
..-
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
Qyf-of-Countv Loao
The
Floridd Keys
Key West Songwriter's Festivel
FY 2009
Contract 10#: 524
..-
8
CORD
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INSURED >~~~Fm~.~~.Q..'3EC, PROVIDERS ASSN. PURCHASING ROUP I
(- Bauer Reol.uranl. nc. db. TIle Key West Songwn era F1
Key West, FL. 33040 CE~T # 501 05199wOO
DATE (MMIDDIYY)
2/23/09
THIS CERTIFICATE IS Issueo AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTlr=ICA TE HOLDER.
THIS CERnr=ICA TE DOES NOT AMEND. EXTEND OR Al TE" THE
~V~RAGE AF~ORDED BY E POLICfES BELOW.
. t.O ANIES FORDING COVERAGE
COMPANY RIVERP6RT I~SURANCE COMPANY
A !
@I1ANY L. 2009
B
PRODUC~~
fOR SERVICE CALL:
FRANCIS L. DEAN & ASSOCIATES OF FLOllfDA, LLC
OCALA, FLORIDA
877/671-3326
www.fdeanfl.com
CPI'4~~ t;(li!~~Y---'-'
".:...C' :"""";.' , _ '.;,"
COMPANY
o
THIS IS TO CE THAT THE POll IES OF INSURAN E LISTED BELOW HAVE BEEN IS$IJ~D TO THE INSU~I;;D NAMED ABOVe FOR THE POLICY
PERIOD INDICA t~D, NOTWITHST ANOING ANY REQUIR.t:MENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO
WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED 9Y Tl-IE POLlCIEES DESCRIBED H~REIN IS SUBJECT 10 ALL
THE TERMS eXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE: ~EEN REDUCED BY PAID CLAIMS.
CO
L TR lYPE OF INSU~A,NCE
GENERAL lI.AalLlTY
A X COMM~RCIA,L GENERAL UABILrTY
CLAIMS MADE 00 OCCUR
OWM:R'S &. CONTRACTOR'S PROT
INcLUDES ATHl.ETIC
PAR'rICPANTS
POLICY NUMBER
WRD 180019
4/29/09
5/4/09
UMITS
G~NERALAGGREGATE $
PRODlJCrS-COMP/OP AGG $
PERSONAL&ADVINJURY $
EACH OCCURRENCE $
FIRE DAMAGE (Any On61W) $
MED EXP (Anyone person) $
COMBINED SINGLI;; LIMIT $
2,000.000.00
1.000,000.00
1,000,000.00
1,000.000.00
300.000.00
NJA
AUTOMOBILE LlABllIlY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNEO AUTOS
BODJLy INJURY
(F>lIr pc:n;on)
$
GARAGE L1.A81L.ITY
ANY AUTO
aOOll Y INJURY
(Per accloent)
$
E:)CCESS LIABIL.ITY
UMBREL.lA FORM
GTHER THAN UMBRELLA FORM
MPENSATlON AND
EMp'-OVERS' LIABILITY
PROPERTY DAMAGE $
AUTO ONL Y-EA ACCIDENT $
OTHf'F;! THAN AUTO ONLY;
EACH ACCIDENT $
AOOREGA TE $
EACH OCCURRENCE $
AGGREGATE - f
$
INCL
EXCL
on;..
ER
TMI!! P~OPRIETORI
PARTNER,2IE,XEcurlV€
CI'''IC;I!!I'\Z:;~l:::
$
$
OTHER
DESCR,JP'TION OF OPERATIONS/LOCATIO.N$NEHICLES/SPEClAlln;MS
THE CERTIFrCA TE HOLDER IS ADDED AS AN ADDITIONAL INSURED BUT ONLY WITH RESPECi TO lIABILllY ARISING OUT OF OPERATIONS OF
THE NAMED INSURED DURING THE POLICY PERIOD.
Festival ActivitieS!
Monroe County Board of County Commissioners
Risk Management
1100 Simonton Street
Key West, Fl. 33040
9HO 0 ANY OF E ABOVE DESCRIBED POLIC:II:l$ 8E CANCELLED'
. S!"ORE THE EXPIRATION DATI: THEREOF, THIS ISSUING COMPANY WILL
ENDEAVOR TO MAil 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE
HOLOE;R NAMED TO THE lEFT. BUT FAILURE TO MAIL SUCH NOTICE
SHALL IMPOSE NO OBLIGATION OR U.BllITY Of ANY KIND UPON TloJe
C NY rrs AGENTS OR REPRESENTATIVES.
AUT 0 ED ENTATIVE
/
at- .~
1996 Edition
MONROE COUNTY, FLORIDA
Request For Waiver
of
Insurance Requirements
It is requested that the insurance requirements, as specified in the County's Schedule of Insurance
Requirements, be waived or modified on the following contract.
Contractor: ~()U (Ze~~ut-) IvtL.
Contractfor: t-<~ We:;~ Sou()Wl-1k.6 ~eshf/.J
Address of Contractor: (7 &3 ~1 ~ .~ ~ .
toy (M0:T, A... '33mo
)
'3D5 bO~ 05\~
f..w fA, ~
Phone:
Scope of Work:
Reason for Waiver: Worke{5 CONfPc-(5&t~,dv,' Vo I UL-1 ~eer.$
{ocrc),l ~~&t ~~ eV<€lA ~
Policies Waiver will
apply to:
bJot~6 (o~lA~al.~
~ Q lfryrU.,fS ()~\YL
Signature of Contractor:
AJill ~
Risk Management: ~ _ -. _:;; UO a
4-(~roCj
Not Approved
Date:
County Administrator Appeal:
Approved
Not Approved
Date:
Board of County Commissioners Appeal:
Approved
Not Approved
Meeting Date:
Administration Instruction
#4709.2