Loading...
1. 1st Amendment 11/20/2012DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: December 19, 2012 TO: Dent Pierce, Director Public Works Division ATTN. Beth Leto, Assistant Director Public Works Division FROM. Pamela G. Hand . At the November 20, 2012, Board of County Commissioner's meeting, the Board granted approval and authorized execution of Item F28 Amendment #1 to License Agreement with Friends of the Key Largo Cultural Center, Inc. for management and operation of a variety of cultural, recreational, and related programs at the Murray E. Nelson Government and Cultural Center. Enclosed is a duplicate original of the above - mentioned for your handling. Should you have any questions, please do not hesitate to contact this office. cc: County Attorney w/o document Finance File AMENDMENT # 1 TO LICENSE AGREEMENT (Murray E. Nelson Government and Cultural Center) This Amendment to Agreement is made and entered into this 20 day of November, 2012, by and between MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter COUNTY, and FRIENDS OF THE KEY LARGO CULTURAL CENTER, INC., hereinafter LICENSEE or FRIENDS, for management and operation of a variety of cultural programs at the Murray E. Nelson Government and Cultural Center WITNESSETH: WHEREAS, the Murray E. Nelson Government and Cultural Center, was built in 2009 for use by the COUNTY for government offices and meeting rooms and use by the public for cultural programs; and WHEREAS, on November 16, 2011, the parties entered into a license agreement for the FRIENDS to provide recreational, cultural, charitable and educational programs for the residents of, and tourists to, Key Largo at the Murray E. Nelson Government and Cultural Center; and WHEREAS, COUNTY has determined that it is in the interest of the public to extend the Agreement entered into November 16, 2011ending on March 17, 2013; for the FRIENDS to provide recreational, cultural, charitable and educational programs for the residents of, and tourists to, Key Largo at the Murray E. Nelson Government and Cultural Center; and NOW, THEREFORE, in consideration of the covenants hereinafter to be kept and preformed, the COUNTY and the LICENSEE agree that the LICENSEE shall manage and schedule recreational, cultural, and related activities as follows: 1. Paragraph 2 of the Agreement entered November 16, 2011, shall be amended by adding the following sub - paragraph: The term shall be extended for a period commencing March 18, 2013, and ending March 17, 2015. 2. Paragraph 8 of the Agreement entered November 16, 2011, shall be amended to read as follows: 8. PROGRAM REVENUES /CONCESSION REVENUES. LICENSEE shall provide COUNTY with an annual report of revenues generated at the MEN Bldg. The annual reports shall include revenues and expenditures related to the LICENSEE's activities at and use of the MEN Bldg., and shall include statistical information including, but not limited to: the numbers of attendees at the programs sponsored by LICENSEE, number of hours /time duration of each event, performers and other participants in the provision of the programs at the MEN Bldg.. It is the intent of both parties that costs related to increased maintenance and repairs of the MEN Bldg. due to the increased use by LICENSEE not be bome by county -wide taxpayers but shall be paid by LICENSEE { after the initial term of this agreement and included in contract extensions after the initial term of this agreement. The LICENSEE shall not be responsible for ordinary wear and tear of the facilities. All LICENSEE revenue records and accounts for programs at the MEN Bldg. must be kept according to generally accepted accounting principles and made available during regular business hours (Monday- Friday, 9:00 a.m. - 5:00 p.m., holidays excepted) to auditors employed by either Monroe COUNTY or the State of Florida. The LICENSEE shall be given reasonable notice of the request for review of the revenue records and accounts for programs. If an auditor employed by the COUNTY or the State determines that the LICENSEE records and accounts contain substantial and material misrepresentations and/or or substantial and material omissions of revenue generated at the MEN Bldg., the COUNTY may terminate this agreement immediately for cause. 3. Paragraph 10 of the Agreement entered November 16, 2011, shall be amended by adding the following sentence: Commencing March 18, 2013, the LICENSEE shall pay to the County a facility charge of $9.45 per hour of usage of the building which includes utilities. 4. Paragraph 15 of the Agreement entered November 16, 2011, shall be amended to read as follows: 15. FUNDRAISING. All fees charged and funds raised in connection with the FRIENDS' activities at the MEN Bldg. shall be accounted for and reported to the COUNTY in the LICENSEE's annual report. Any funds collected by the LICENSEE through program fees and fundraising activities at the MEN Bldg. shall be used for funding future events or to benefit the MEN Bldg. While the LICENSEE agrees that all fees and funds raised shall be used to produce services and programs or to benefit the MEN Bldg., it shall be the choice of the LICENSEE as to how the funds contributed to the COUNTY shall be used. Alternatively the LICENSEE shall be permitted to use the fees and funds raised for purchasing equipment or other items that are then contributed to the COUNTY. The LICENSEE will be responsible for the collection of the above - mentioned fundraising and fees, but shall have no obligation to pursue any person for collection of bounced checks or other non - payment. Any audit by COUNTY or its agents which discloses improper application of such funds to any use other than the uses permitted by this agreement shall be paid to COUNTY by the LICENSEE. It is also understood that the LICENSEE may use a reasonable portion of the fees and funds for expenditures including, but not limited, to expenses such as office rent for an office off of the premises of the facility or facility usage fees and/or rent for events which cannot be scheduled at the MEN Bldg. The LICENSEE may also conduct charitable events on its own or in co- operation with other not for profit entities and use the fees and fundraising related to the charitable event for the benefit of the stated charitable purpose of the FRIENDS and/or the not for profit entities for which the events is produced. Until such time as the waiver of fees (March 17, 2013) expires, LICENSEE shall provide to COUNTY financial records for All income and expenditures. 5. Paragraph 16 of the Agreement entered November 16, 2011, shall be amended to read as follows: Amend #1 MEN License Friends KLCC Nov. 2012 2 16. ACCOUNTING /INSPECTION OF BOOKS /ANNUAL AUDIT. The r LICENSEE shall maintain its financial records in accordance with generally accepted accounting principles and allow the COUNTY to inspect its books and records at any r reasonable time upon reasonable advance notice, generally 9:00 AM to 5 :00 PM, Monday through Friday, upon at least ten calendar days notice, unless otherwise arranged through mutual accord.. The LICENSEE shall provide a copy of its annual IRS Form 990 within one month of it being filed with the Internal Revenue Service. The LICENSEE shall retain all records pertaining to this agreement for a period of four years after the term expires. 6. All other provisions of the agreement dated November 16, 2011, not inconsistent herewith shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day first written above. (SEAL) q..., 4 14eav' I t . , BOARD OF COUNTY COMMISSIONERS Attest: .4GE CLERK OF MONROE COUNTY, FLORIDA By: By: An y).,.....,..61--% eputy Clerk Mayor /Chairman Witnesses FRIENDS OF THE KEY LARGO 4110 CULTURAL ENTER, INC. B 0 By: Witness 1 Pr ident .0 / A)D 4- l Prin d Name of Witness 1 o rn rn c3 CD -fel4" /i tn ne es � s � 2 _ L'rd._i'-' GtS� C 3 i Printed Name of Witness 2 r-; o CD • ea o MONROE COUNTY ATTORNEY A • - • VED AS T' y • 1, ,,I SUZA ' ' - A. TTO / / late / `4F . Amend #1 MEN License Friends KLCC Nov. 2012 3 ACO d CERTIFICATE OF LIABILITY � DD"m') �. BILITY INSURANCE DATE 12/17/2012 THIS CERTIFICATE 18 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 CERTFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) 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 certMcate holder In Iieu of such endorsement(s). PRODUCER CONTACT Brenda Monroe Regan Insurance Agency PHONE (305) 852 -3234 I Not (3 , 05) 152 -3703 90144 Overseas Hwy. A u a, ma .bmonroell reganinsuranceinc. INSURER(S) AFFORDING COVERAGE NAIL 5 Tavernier FL 33070 INSURER AMOunt Vernon Fire Insurance Co 26522 INSURED INSURER s : Friends of the Key Largo Cultural Center Ina INSURER C : PO Box 371688 INSURER D INSURER E : Key Largo FL 33037 INSURER F : COVERAGES CERTIFICATE NUMBER:2012 -2013 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 fl 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. I LTR TYPE OF INSURANCE INBR Y VD POLICY NUMBER (, I MIDpIYYYY) iroMlpQfYYYYf IJMITS GENERAL LIABILITY EACH OCCURRENCE f 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED A I CLAIMS -MADE © NED EXP OCCUR X NPP2553617A 6/8/2012 6/0/2013 XP (Any onnee °enam) Ma $ 105,000 ED (Any $ 5,000 X Directors 8 Officers PERSONAL IL ADV INJURY $ 1,000,000 X Abuse Licit 1)50, 000 GENERAL AGGREGATE $ 2,000,000 GEM.. AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGO S included il l POLICY n m„°T- n LOC Direct= and Man f 1,000,000 AUTOMOBILE LIABILITY • COMBINED SINGLE LIMIT S AP • • , (Es acadsntl _ ANY AUTO BY . V . e Y BOD ILY INJUR 4Pecpuson) S ALL OWNED SCHEDULED [[[[IIII��� AUTOS AUTOS DA ViY,a ca r BODILY INJURY (Per aecIdsre) f _ HIRED AUTOS NON-OWNED U W _ PROPERTY fDAAAAGE f s — UMBRELLA LIAR OCCUR EACH OCCURRENCE f _ EXCESS LU1B CLAIMS -MADE AGGREGATE 5 DED 1 1 RETENTION$ 8 WORKERS COMPENSATION (TORSI AMIT�S I 1 011 AND EMPLOYERS' LUUSILnY ANY PROPRIETORIPARTNERIEXECUTIVE YIN El EL. EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? NIA Mandatory M) E.L. DISEASE - EA EMPLOYEE 8 g ilt dssctt. under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 8 A Liquor Liability X CL2599026A 6/8/2012 6/0/2013 Each Common Clouse Umlt 81,000,000 Aggregate Lime 81,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more apses Is required) Cultural organization/ 6 concerts included/ Indoor Summer Camp Arts 6 Science Certificate holder is shown as an additional insured per policy forms, conditions, limitations and exclusions. CERTIFICATE HOLDER CANCELLATION • • • (305) 295 - 3179 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County HOCC ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 1026 Key west, FL 33041 -1026 AUTHORIZED REPRESENTATIVE John Crowell /BMOtdAO "� y ACORD 25 (2010/05) G1988-2010 ACORD CORPORATION. All rights reserved. INR025 1,ntmRl m nu' A nnan non and Win !rte ra rtlefor.A marks of Ar`ARr1