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FY2012 10/19/2011DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: October 24, 2011 TO: Lynda Sl uart, Of .f ce Manager Tourist Development Council ATTN: Marine Pacini Administrative Assistant FROM: Pamela G. Hanc ck, 9 - C � . At the October 19, 2011, Board of County Commissioners meeting, the Board granted approval and authorized execution of the following DI Dolphin Research Center, Inc. in an amount not to exceed $44,647, DAC III, FY 2012 Capital Resources. D2 Key West Film Society, Inc. for the Tropic Cinema Phase Seven: Conversion to Digital Projection project in an amount not to exceed $150,000, DAC 1, FY 2012 Capital Resources. D5 Florida Keys History of Diving Museum, Inc. in an amount not to exceed $11,531, DAC IV, FY 2012 Capital Resources. D6 Pigeon Key Foundation, Inc. in an amount not to exceed $14,415, DAC III, FY 2012 Capital Resources. D7 Florida Keys Wild Bird Rehabilitation Center, Inc. in an amount not to exceed $7,000, DAC V, FY 2012 Capital Resources. D8 Instituto Patriotico Y Docente San Carlos, Inc. covering the San Carlos minor repairs project in an amount not to exceed $2,500, DAC I, FY 2012 Capital Resources. D9 Key West Half Marathon LLC covering the Key West Half Marathon in 2012 in an amount not to exceed $10,000, DAC I, FY 2012 Event Resources. D 10 Premiere Racing, Inc. for the Key West Race Week 2012 in an amount not to exceed $120,000, DAC I, FY 2012 Event Resources. D11 Lower Keys Chamber of Commerce, Inc. covering the Big Pine & Lower Keys Nautical Flea Market in 2012 in an amount not to exceed $10,000, DAC II, FY 2012 Event Resources. D12 MRM Key West LLC for the Key West Food and Wine Festival in 2012 in an amount not to exceed $25,000, DAC I, FY 2012 Event Resources. D13 Domestic Abuse Shelter, Inc. covering the No Name Race in 2012 in an amount not to exceed $7,500, DAC II, FY 2012 Event Resources. D14 Bauer Restaurant, Inc. covering the Key West Songwriters' Festival in May, 2012 in an amount not to exceed $75,000, DAC I, FY 2012 Event Resources. D16 Keys Area Interdenominational Resources, Inc. covering Sombrero Beach Run in 2012 in an amount not exceed $20,000, DAC III, FY 2012 Event Resources. D18 Super Boat International Productions, Inc. covering Key West World Championship Race in November, 2012 in an amount not to exceed $120,000, DAC I, FY 2012 Event Resources. D19 Shoot for the Moon covering Battle in the Bay Dragon Boat Festival in May 2012 in an amount not to exceed $30,000, DAC III, FY 2012 Event Resources. D20 Hawk's Cay Resort covering Conchtoberfest 2012 in an amount not to exceed $40,000, DAC III, FY 2012 Event Resources. D21 218 Duval Street Corp. covering Fight Night in the Keys V in an amount not to exceed $50,000, DAC I, FY 2012 Event Resources. D22 Lower Keys Chamber of Commerce, Inc. covering the Big Pine & Lower Keys Island Art Festival in 2012 in an amount not to exceed $10,000, DAC II, FY 2012 Event Resources. D23 Greater Marathon Chamber of Commerce, Inc. covering the Original Marathon Seafood Festival in 2012 in an amount not to exceed $50,000, DAC III, FY 2012 Event Resources. D24 Key Largo Merchants Association, Inc. covering the Key Largo Stone Crab and Seafood Festival in 2012 in an amount not to exceed $30,000, DAC V, FY 2012 Event Resources. D25 Key West Business Guild, Inc. covering Tropical Heat Key West in August, 2012 in an amount not to exceed $17,000, DAC I, FY 2012 Event Resources. D26 Key West Business Guild, Inc. covering Key West Pride in June, 2012 in an amount not to exceed $35,000, DAC I, FY 2012 Event Resources. D27 Key West Business Guild, Inc. covering Womenfest in September 2012 in an amount not to exceed $35,000, DAC I, FY 2012 Event Resources. D28 2011 Key West Gator Club Dolphin Derby Agreement to correct name of event sponsor to University of Florida Alumni Association, Inc. dba Key West Gator Club. D29 Mad Dog Mandich Fishing Classic, LLC covering the Publix Mad Dog Mandich Fishing Classic in October 2012 in an amount not to exceed $10,000, DAC IV, FY 2012 Event Resources. D30 2011 Key West Half Marathon Agreement to correct name of event sponsor to University of Florida Alumni Association, Inc. dba Key West Gator Club. D31 Marine Mammal Conservancy, Inc. for the Marine Mammal Conservancy Phase 1 project to extend completion date to December 31, 2011. D32 Phil Peterson's Key West Poker Run, LLC covering Phil Peterson's 40 Key West Poker Run in September 2012 in an amount not to exceed $50,000, DAC I, FY 2012 Event Resources and $7,500, DAC II, FY 2012 Event Resources. D33 Agreement with TRIKW, LLC covering the Key West Triathlon and Expo in November /December 2012 in an amount not to exceed $25,000, DAC I, FY 2012 Event Resources. D35 Upper Keys Community Pool, Inc. covering Orange Bowl Winter Training and Swim Classic in December 2012 in an amount not to exceed $50,000, DAC V, FY 2012 Event Resources. D36 Ragnar Events, LLC covering Ragnar Relay Florida Keys in January 2012 in an amount not to exceed $82,500, FY 2012 Event Resources. D17 Monroe County Commercial Fisherman, Inc. for the Florida Keys Seafood Festival in 2012 in an amount not to exceed $25,000, DAC I, FY 2012 Event Resources. The agreement is being returned as the signature is not an original. Please have signed and return to our office for follow through. Attached is the electronic copy of each of the above - mentioned for your handling. Should you have any questions, please feel free to contact me. cc: County Attorney w/o documents Finance File Turn Key Events Agreement THIS AGREEMENT (Agreement) is entered into this day of C_� , 2011, by and between MONROE COUNTY, a political subdivision of the state of Florida (County) and Bauer Restaurant, Inc. a for profit 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. Payment: The COUNTY agrees to pay $75,000 (Seventy Five Thousand Dollars) for: Key West Songwriters' Festival in May, 2012 from tourist development tax funds provided Event Sponsor meets all of its obligations under this agreement. 2. Scope 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). Six (6) paid concerts at various locations in Key West c). Twenty (20) free shows at various locations in Key West d). Closing party 3. Payment: 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. Accounting Financial records 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 has been performed. 5. Modification Any changes to this contract may be made only by written mutual agreement, recommended by the TDC and approved by the COUNTY. Key West Songwriters Festival Tumkey Funding FY 2012 ID #: 962 1 6. Termination This Agreement terminates on September 30, 2012. All invoices must be submitted prior to September 30, 2012. 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 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 shall furnish the County with a certificate evidencing the insurance required by this paragraph not later than twenty (20) days prior to the event Please have your insurance agency e-mail your certificates of insurance directly to Maria Slavik in the Monroe County Risk Management Department. Slavik-MariaCaD-MonroeCounty- FL.Gov — The e-mail must state that this is a certificate for a TDC event (state name of event as written within your contract) and should be forwarded to Maxine Pacini at the TDC administrative office. Your certificate must state that the Monroe County Board of County Commissioners is a "Certificate Holder" and that Monroe County, its employees and officials will be included as "additional insured ". If you or your insurance agency need to speak with Maria regarding the insurance requirements, she can be contact by telephone at (305) 295 -3178, or by e-mail at the address stated above. It is the event sponsor's responsibility to confirm that your insurance has been received and approved. You can do this by contacting Maxine Pacini at AdminAssta -fla- keys.com or by calling (305) 296 -1552. 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 Key West Songwriters Festival Tumkey Funding FY 2012 ID #: 962 2 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: Original 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 COUNTY 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. 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. 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. Key West Songwriters Festival Tumkey Funding FY 2012 ID #: 962 3 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. A Workers Compensation insurance is required by Florida Statutes. 10. Permits The Event Sponsor will secure all required permits and licenses and shall pay all appropriate business taxes. 11. Laws and Regulations Any and all services, materials and equipment shall comply fully with all Local, State and Federal laws and regulations. 12. Taxes The COUNTY and TDC are exempt from Federal Excise and State of Florida Sales Tax. 13. Finance Charges The COUNTY and TDC will not be responsible for any finance charges. 14. Relation of COUNTY/TDC 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 TDC, and the COUNTY 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. 15. Disclosure The Event Sponsor shall be required to list any or all potential conflicts or interest, as defined by Florida Statutes Chapter 112 and Monroe County Code. The Event Sponsor shall disclose to the COUNTY 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 COUNTY and TDC. 16. Assignment 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 TDC and COUNTY. 17. Compliance with laws - Nondiscrimination The Event Sponsor, shall comply with all federal, state and local laws 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 origin in the performance of work under this Agreement. This Agreement shall be subject to all federal, state, and local laws and ordinances. Key West Songwriters Festival Tumkey Funding FY 2012 ID #: 962 4 18. Security 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 rights 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 for by the COUNTY and TDC under this agreement. 21. Logo All promotional literature and display advertising with the exception of generic advertising must display the "Key West — Close to Perfect - Far From Normal" logo /trade mark (as per attached logo sample — Exhibit A). This logo /trade mark was adopted by the TDC and County in April 2010. 22. Severability 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. Authority 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 Governing Board. 24. 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 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, Florida Statutes, for CATEGORY TWO for a period of 36 Key West Songwriters Festival Tumkey Funding FY 2012 ID #: 962 5 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. Governinq LawNenue This Agreement shall be governed 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, returned receipt requested to the following: For Grantee: Charles Bauer 4 Charles Street Key West, FL 33040 For Grantor: Lynda Stuart Monroe County Tourist Development Council 1201 White Street, Suite 102 Key West, FL 33040 And Cynthia Hall, Asst. County Attorney P.O. Box 1026 Key West, FL 33041 -1026 27. Entire Agreement The parties agree that the Agreement above constitutes the entire agreement between the COUNTY and Event Sponsor. Key West Songwriters Festival Tumkey Funding FY 2012 ID #: 962 A WHEREOF, the parties hereto have executed this agreement the day and Ihage, Clerk �VOB Deput)i Clerk (CORPORATE SEAL) Attest: By. Secretary Print Name Date: OR TWO WITNESSES ( Print Name: Date: Key West Songwriters Festival Tumkey Funding FY 2012 1D A 90 Board of County Commissioners of Monroe County Mayor /Chairman Bauer By , President 0 Print Name Date: a 1 I C N � %0 C7 (2) Print Name: Date: MONR E COON i Y ATTORNEY APAOVYD AS�TqfOjA ASSISTANT COUNTY ATTORNEY Date.,._.._.. _ri' N EXHIBIT A In- County Logo The below 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 Sharon Joseph or John Underwood with Tinsley Advertising at 305 - 856 -6060. Key'Vest Close to Perfect -Far From Normal MONROE COUNTY TOURIST DEVELOPMENT COUNCIL Out -of- County Logo The below logo that does NOT include the "Monroe County Tourist Development Council' designation is to be utilized in all other efforts including any approved out -of- 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 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 or jpg file), contact Sharon Joseph or John Underwood at Tinsley Advertising at 305 - 856 -6060. Key'Vest Close to Perfect -Far From Normal Key West Songwriters Festival Tumkey Funding FY 2012 ID #: 962 0 DATE(MM /DD/YY) R .x GATE Q_ ,... , , � PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION FOR SERVICE CALL: ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE FRANCIS L. DEAN & ASSOCIATES OF FLORIDA, LLC COVERAGE AFFORDED BY THE POLICIES BELOW. OCALA, FLORIDA COMPANIES AFFORDING COVERAGE 877/671 -3326 www.fdeanfl.com COMPANY RIVERPORT INSURANCE COMPANY A INSURED SPORTS AND REC. PROVIDERS ASSN. PURCHASING GROUP COMPANY Bauer Restaurants, Inc. dba B The Key West Songwriters Fest COMPANY 412 White Street c Key West, FL 33040 COMPANY D Cert #S0136856 -00 .. .. !�' a h z '. ,�.. :2 .Y.�:.,. , .:I gi ..b.s':`,.�..a a r, ,ii, .. .. , .� .0...r..:... THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELO HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE (MM /DD /YY) DATE (MM/DD /YY) LIMITS GENERAL LIABILITY _ GENERAL AGGREGATE $ 2,000,000.00 A X COMMERCIAL GENERAL LIABILITY PRODUCTS - COMP /OP AGG $ 2,000,000.00 CLAIMS MADE I X OCCUR FLDG 180312 05/02/12 05/07/12 PERSONAL & ADV INJURY $ 1,000,000.00 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE _ $ 1,000,000.00 INCLUDES ATHLETIC FIRE DAMAGE (Any one fire) $ 300,000.00 PARTICPANTS MED EXP (Any one person) $ 5,000.00 AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT $ — ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON -OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ ANY AUTO - , OTHER THAN AUTO ONLY: _ EACH ACCIDENT $ tI AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM ✓ AGGREGATE $ OTHER THAN UMBRELLA FORM F $ WORKER'S COMPENSATION AND . W R STAT 7s I I OTH EMPLOYERS' LIABILITY ( " °° ER EL EACH ACCIDENT _ $ THE PROPRIETOR/ INCL EL DISEASE - POLICY LIMIT $ PARTNERS /EXECUTIVE -- OFFICERS ARE: EXCL EL DISEASE - EA EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLES /SPECIAL ITEMS THE CERTIFICATE HOLDER IS ADDED AS AN ADDITIONAL INSURED BUT ONLY WITH RESPECT TO LIABILITY ARISING OUT OF OPERATIONS OF THE NAMED INSURED DURING THE POLICY PERIOD. Music Festival -Key West Songwriters Festival SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED Monroe County Board of County Commissioners BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL Y Y ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE Risk Management CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL 1100 Simonton St. SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Key West, FL 33040 AUTHORIZED REPRESENTATIVE Francis L. Dean GC •- �wL�,L 1996 Edition MONROE COUNTY, FIAMIDA Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as specified in the Count Schedule of Insurance Requirements. be waived or modified on the folio % ing contract. Contractor: Ratter Restaurant,. inc. Contract for: Key West SOngi8 titers Festival 2012 Address of Contractor: . A S " ( I Phone: , 2 , A (") j . Scope of Work: Songwriter , Ev ent Reason for Waiv cr Onh vso employee - do not have N-N orl,ers Comp and 1)o not Serve liquor Policies Waiver will apply to: irkers Comp and Liquor license 1 t 1 f\ 1 ) Signature of Contractor: 1 1 Appro 'ot Approved Risk Management: .. -- Date: [( County Administrator Appeal: Approved Not Approved Date: Board of County Commissioners Appeal: Approved Not Approved Meeting Date: Administration Instruction #4709.2