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FY2013 11/20/2012DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: December 5, 2012 TO: Lynda Stuart, Office Manager Tourist Development Council ATTN. Maxine Pacini Administrative Assistant FROM: Pamela G. Hanc ck . C. At the November 20, 2012, Board of County Commissioners meeting, the Board granted approval and authorized execution of the following "G Items": 1. Agreement with Key Largo Chamber of Commerce, Inc. covering Bogart Film Festival in May, 2013 in an amount not to exceed $50,000, DAC V, FY 2013 Event Resources. 2. Agreement with BW Promotions, Inc. covering Hemingway 5K Sunset Run & Paddleboard Race in July, 2013 in an amount not to exceed $10,000, DAC I, FY 2013 Event Resources. 3. Agreement with Mad Dog Mandich Fishing Classic, LLC covering Publix Mad Dog Mandich Fishing Classic in October, 2013 in an amount not to exceed $10,000, DAC IV FY 2013 Event Resources. 4. Agreement with Lower Keys Chamber of Commerce, Inc. covering Big Pine & Lower Keys Island Art Festival in December, 2013 in an amount not to exceed $15,000, DAC II, FY 2013 Event Resources. 5. Agreement with Florida Keys Community College and the Letters "FKCC" covering FKCC Swim Around Key West, Open Water Swims, and Swim Meets between June and September, 2013 in an amount not to exceed $10,000, DAC I, FY 2013 Event Resources. 6. Agreement with Islamorada Chamber of Commerce, Inc. covering Florida Keys Island Fest, 22"d Annual in April, 2013 in an amount not to exceed $20,000, DAC IV, FY 2013 Event Resources. 7. Agreement with Key Largo Baptist Church, Inc. covering Key Largo Bridge Run in November, 2013 in an amount not to exceed $20,000, DAC V, FY 2013 Event Resources. 8. Agreement with Stand Up For Education, Inc. covering Race Around the Rock in April, 2013 in an amount not to exceed $10,000, DAC I, FY 2013 Event Resources. 9. Agreement with super Boat International Productions, Inc. covering Key West World Championship Race in November, 2013 in an amount not to exceed $120,000, DAC I, FY 2013 Event Resources. 10. Agreement with Keys Area Interdenominational Resources, Inc. covering Sombrero Beach Run in March, 2013 in an amount not to exceed $10,000, DAC III, FY 2013 Event Resources. 11. Agreement with Greater Marathon Chamber of Commerce, Inc. covering Original Marathon Seafood Festival in March, 2013 in an amount not to exceed $50,000, DAC III, FY 2013 Event Resources. 12. Agreement with University of Florida Alumni Association, Inc., Key West Gator Club covering Key West Marathon in October, 2013 in an amount not to exceed $27,500 (TDC District I Funding Allocation = $25,000; TDC District II Funding Allocation = $2,500), FY 2013 Event Resources. 13. Agreement with Phil Peterson's Key West Poker run, LLC covering Phil Peterson's 41" Key West Poker Run in September, 2013 in an amount not to exceed $95,000 (District I = $75,000; District II = $10,000; District IV = $10,000 Funding Allocation) FY 2013 Event Resources. 14. Agreement with Key West Business Guild, Inc. covering Womenfest Key West 2013 in September, 2013 in an amount not to exceed $50,000, DAC I, FY 2013 Event Resources. 15. Agreement with Upper Keys Community Pool, Inc. covering Orange Bowl Winter Training and Swim Classic between December, 2013 and January, 2014 in an amount not to exceed $50,000, DAC V, FY 2013 Event Resources. 16. Agreement with BH/NV Hawk's Cay Property Holdings, LLC, dba Hawk's Cay Resort covering Christmas in the Keys Celebration in December, 2013 in an amount not to exceed $40,000, DAC III, FY 2013 Event Resources. 17. Agreement with BH/NV Hawk's Cay Property Holdings, LLC, dba Hawk's Cay Resort covering Heroes Welcome Tribute Weekend in August and September, 2013 in an amount not to exceed $50,000, DAC III, FY 2013 Event Resources. 18. Agreement with New Orleans House of Key West, Inc. covering New Year's Eve Shoe Drop on December 31, 2013 in an amount not to exceed $17,000, DAC I, FY 2013 Event Resources. 19. Agreement with Rotary Club of Key Largo Charitable Events, Inc. covering Brew on the Bay in April, 2013 in an amount not to exceed $10,000, DAC V, FY 2013 Event Resources. 20. Agreement with Key West Innkeepers Association, Inc. covering Holiday Historic Inn Tour in December, 2013 in an amount not to exceed $17,000, DAC I, FY 2013 Event Resources. 21. Agreement with Naval Air Station Key West covering NAS Key West 2013 Southernmost Air Spectacular in March, 2013 in an amount not to exceed $60,000. 22. Agreement with Key West Bight Preservation Association, Inc. covering The Key West Bight Before Christmas Holiday Celebration between November and December, 2013 in an amount not to exceed $10,000, DAC I, FY 2013 Event Resources. 23. Agreement with Sunrise Rotary Foundation of Key West, Inc. covering Key West Brewfest in August/September 2013 in an amount not to exceed $17,000, DAC I, FY 2013 Event Resources. 25. Agreement with Key West Tourist Development Association, Inc. covering Fantasy Fest in October, 2013 in an amount not to exceed $150,000, FY 2013 Event Resources. 26. Agreement with Bauer Restaurant, Inc. covering Key West Songwriters Festival May 2013 in an amount not to exceed $100,000, DAC I, FY 2013 Event Resources. 27. Amendment to Agreement with Prange & O'Hearn, Inc. (d/b/a: Insights, Inc.) to amend name of corporation to JDO Insights, Inc. (d/b/a: Insights, Inc.) and to make the change retroactive to June 1, 2012 to allow for payment of invoices in new corporation name. 28. Agreement with Conch Foundation of the Upper Keys, Inc. covering Conch Scramble "on the water" Charity Golf Tournament in September 2013 in an amount not to exceed $20,000, DAC IV, FY 2013 Event Resources. 29. Agreement with Key West Half Marathon LLC for the Key West Half Marathon in January, 2013 in an amount not to exceed $35,000, DAC 1, FY 2013 Event Resources. Enclosed is the electronic copies of the above -mentioned. Should you have any questions, please feel free to contact me. cc: County Attorney w/o documents Finance hard copy File Turn Key Events Agreement THIS AGREEMENT (Agreement) is entered into this 20-d— day of�4r,2012, by and between MONROE COUNTY, a political subdivision of the state of Florida (County) and Bauer Restaurant, Inc. a for Profit 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 $100,000 (One Hundred Thousand Dollars — TDC District I Funding Allocation) for: Key West Songwriters Festival in May 2013 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 show e). National TV Coverage 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. Key West Songwriters Festival Tumkey Funding FY 2013 ID #: 1103 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, 2013. All invoices must be submitted prior to September 30, 2013. 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-Maria(cD-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 AdminAsst(a_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 Key West Songwriters Festival Tumkey Funding FY 2013 ID #: 1103 2 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: 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 sponsors 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 Key West Songwriters Festival Tumkey Funding FY 2013 ID #: 1103 3 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. 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 Turnkey Funding FY 2013 ID #: 1103 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 2013 ID #: 1103 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. Governing 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 2013 ID #: 1103 N. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. (SEAL)A4,y j4eav,'1,-,, Clc„K 44 Board of County Commissioners Attest: of Monroe County Deputy Clerk (CORPORATE SEAL) Attest: By. Secretary Print Name Date: OR TWO WITNESSES (1) Print Name: Date: Key West SongWO12 Festiva/ Tumby Funding FY 2013 ID * 1103 how, if, ayor/Cha rman Bauer Restaurant, Inc. By President Q2!j2=t,,S5 Print Name Date: 10 _ 9 — 1 -1-�;� T' (2) Print Name: Date: 7 MON OE COUNTY ATTORNEY A O D, TOF R —QYNTHIA L. MALL ASSIST NT COUNTY ATTORNEY Date.____Q' 2-6 — "I a _NQ -g N r- rri o c-n o x: A z, 3 M 0 ca c 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 Jessica Taylor -Smith or John Underwood with Tinsley Advertising at 305-856-6060. Key\Vest Close to Perfect -Far From Nommal 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 Jessica Taylor -Smith 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 2013 ID #: 1103 V J I CERTIFICATE OF LIABILITY INSURANCE DATE (MWDD/YYYY) 1/23/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER FRANCIS L. DEAN & ASSOCIATES, LLC S. NAPERVILLE ROAD, BLDG-B CONTACT NAME: PHON1776 (A/C, No Ext : 800-745-2409 ac No): 630-665-7294 E-MAIL ADDRESS: info@fdean.com P.O. BOX 4200 WHEATON, IL 60189 www.fdoan.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Riverport Insurance Company 36684 (800)745-2409 INSURED SPORTS AND RECREATION PROVIDERS ASSOCIATION (PURCHASING GROUP) AND ITS PARTICIPATING MEMBERS: INSURER B : INSURERC : Bauer Restaurants, Inc. dba The Key West Songwriters Fest 412 White Street INSURERD: INSURERE: Key West, FL 33040 INSURER F : COVERAGES CERTIFICATE NUMBER: S0164362-00 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW 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. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR N/VD POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MMIDDIYYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X I$ FLDG180313 5/1/2013 5/6/2013 GENERAL AGGREGATE $2,000,000.00 PRODUCTS - COMP/OP AGG $2,000,000.00 PERSONAL & ADV INJURY $1,000,000.00 EACH OCCURRENCE $1,000,000.00 FIRE DAMAGE (Any one fire) $300,000.00 GENL AGGREGATE LIMIT APPLIES PER: �X7 POLICY PEa LOC MED EXP (Any One person) $5,000.00 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTos HHIRED AUTO NON -OWNED AUTOS Ea acc dent nt�SINGLE LIMIT $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per acddent $ RXCESS UMBRELLA LIAR LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ ED RETENTION $ $ DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) The certificate holder is named as additional insured with respect to liability arising out of the operations of the named insured during the policy period. Festival Activities CERTIFICATE HOLDER CANCELLATION Monroe County Board of County Commissioners Risk Management-1100 Simonton Street Key West, FL 33040 c 6lNAWu= SHO LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACC RDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Francis L. Dean @ 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD