Item D06
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: FEBRUARY 18.2004
Division:
TDe
Bulk Item: Yes ---1L- No
Department:
AGENDA ITEM WORDING:
Approval of an Agreement with Barley's Bay Music Festival, Inc. covering the
Barley's Bay Music Festival on May 7-8, 2004 in an amount not to exceed
$3,581, FY 2004, Third Penny, OAC V allocation.
ITEM BACKGROUND:
TOC approved same at their meeting of August 13, 2003.
PREVIOUS REVELANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
New Agreement
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $3.581
BUDGETED: Yes ----X- No
COST TO COUNTY: $3.5811TOURIST PAY
REVENUE PRODUCING: Yes -L.. No
AMOUNTPERMONTH_ Year
APPROVED BY: CountyAtty ----X- ~
DIVISION DIRECTOR APPROVAL:
(Harold Wheeler)
DOCUMENTATION:
Included X
ToFolIow_ NotRequired_
AGENDAITEM# beD
DISPOSITION:
Revised 2/27/01
MONROE eOUNTY BOARD OF eOUNTY eOMMISSIONERS
eONTRAeTSUMMARY
eontract with: Barley's Bay Music eontract #_
Festival, Inc. Effective Date: 2/18/04
Expiration Date: 9/30/04
eontract Purpose/Description:
Aooroval of an Aareement with Barlev's Bav Music Festival. Inc. covering
the Barlev's Bav Music Festival on Mav 7-8. 2004 in an amount not to
exceed $3.581. FY 2004, Third Penny, OAC V allocation.
eontract Manager: Maxine Pacini 3523 TDe#3
(Name) (Ext. ) (Department/Stop #)
for BOee meeting on 2/18/04 Agenda Deadline: 2/3/04
eONTRAeT eOSTS
Total Dollar Value of eon tract: $ 3,581
Budgeted? Yes[8J No 0 Account eodes:
Grant: $
eounty Match: $
eurrent Year Portion: $
121-71030-530340- T41 S-270-X-530340
- - - -
-----
ADDITIONAL eOSTS
Estimated Ongoing eosts: $-'yr For:
(Not included in dollar value above) (eg. maintenance, utilities, ianitorial, salaries, etc.)
- -
---
eONTRAeT REVIEW
ehanges
J~ate In Needed
Division Director ~r Y esO No~
Risk Management 1iJ..Jl2.'I
O.M.B./Purchasing "Y YesO NoO
eounty Attorney lj:n/fJ YesO Noc.;a---
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OMB Form Revised 2/27/01 MCP #2
Turn Kev Events Aoreement
This AGREEMENT dated the day of 2004, is entered into by and between
the BOARO OF COUNTY COMMISSIONERS FOR MONROE COUNTY, hereinafter "County, n
on behalf of the TOURIST OEVELOPMENT COUNCIL, hereinafter "TOCn and Barley's Bay
Festival, Inc., hereinafter "Barley's Bay Festival, Inc.n.
WHEREAS, the BOCC finds it in the best interest of the County to promote tourism by
entering into this agreement,
NOW, THEREFORE, and in consideration of the mutual covenants, contained herein
the parties agree as follows:
1. The BOCC agrees to pay $3,581 (Three Thousand, Five Hundred and Eighty
One Oollars) for the Barley's Bay Music Festival on May 7 - 8, 2004 from tourist development
tax funds provided Event sponsor meets all of its obligations under this agreement.
2. Scooe of Services: Barley's Bay Festival, Inc. agrees to provide the County with
an event as specified in the Scope of Services;
1. A one day music festival
2. Vendors to include Food & Beverage; Arts & Crafts
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 print advertising, news releases, and the required
insurance was obtained no less than twenty days prior to the event, BOCC shall pay
$3,581.00.
Monroe County's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the BOCC.
4. Accountina: Financial records of Barley's Bay Festival, Inc. pertaining to this
project shall be kept on generally recognized accounting principles and shall be available to
the BOCC 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 BOCC.
Barley's Bay Music Festival 2004
1
6. Termination: This Agreement will be terminated on September 30, 2004. All
invoices must be submitted prior to September 30, 2004.
7. Non Occurrence of Event: Barley's Bay Festival, Inc. shall give written notice to
the Monroe County Tourist Oevelopment 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: Barley's Bay Festival, Inc. 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 event sponsored by
Barley's Bay Festival, Inc.
9. Insurance ReQuirements: Barley's Bay Festival, Inc., as a pre-requisite of the
Special Event governed by this agreement, shall obtain, at its own expense, insurance as
specified in this section:
Barley's Bay Festival, Inc. 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. Barley's Bay Festival,
Inc. 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
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. Barley's Bay Festival, Inc. 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 BOCC prior to the Event. The Insurance
policy must state that the Monroe County BOCC and Monroe County TDC is the
Certificate Holder and additional Insured for this event. Insurance should be mailed to:
Barley's Bay Music Festival 2004
2
Monroe County Board of County Commissioners
C/O Risk Management
1100 Simonton Street
Room 2-277
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 Barley's Bay Festival, Inc. 's insurance shall not be
construed as relieving Barley's Bay Festival, Inc. 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.
Barley's Bay Festival, Inc. 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, Barley's Bay Festival, Inc.
shall obtain General Liability Insurance Coverage that 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
Barley's Bay Music Festival 2004
3
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.
10. Permits: Barley's Bay Festival, Inc. 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, and Barley's Bay Festival,
Inc. agrees that the venue for any dispute concerning this agreement shall be in Monroe
County, Florida.
12. Taxes: The BOCC and TDC are exempt from Federal Excise and State of
Florida Sales Tax.
13. Finance Charaes: The BOCC and TDC will not be responsible for any finance
charges.
14. Relation of BOCCITOC: It is the intent of the parties hereto that Barley's Bay
Festival, Inc. 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 TOC, 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.
15. Disclosure: Barley's Bay Festival, Inc. shall be required to list any or all potential
conflicts or interest, as defined by Florida Statute 112 and Monroe County Code. Barley's Bay
Festival, Inc. shall disclose to the BOCC 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 BOCC and TDC.
16. Assionment: Barley's Bay Festival, Inc. 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 BOCC.
17. ComDliance with laws - Nondiscrimination: Barley's Bay Festival, Inc. shall
comply with all federal, state and local laws and ordinances applicable to the work or payment
Barley's Bay Music Festival 2004
4
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.
18. Security Protection: Barley's Bay Festival, Inc. agrees to provide adequate
secu rity for the event.
19. Ethics Clause: Barley's Bay Festival, Inc. 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 richts: 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 by the BOCC and TDC under this agreement.
21. Loco: 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. Radio Advertising
should 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.
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. 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 agreement for the sponsors and c) this
agreement has been approved by the sponsor's Board of Directors.
5
Barley's Bay Music Festival 2004
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 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".
25. Entire Aoreement: The parties agree that the Agreement above constitutes the
entire agreement between the BOCC and Barley's Bay Festival, Inc..
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and
year first above written.
(SEAL)
Attest:
Barley's Bay Festival, Inc.
By
President
(SEAL
Attest: DANNY L. KOLHAGE, Clerk
BOARO OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairman
Barley's Bay Music Festival 2004
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MCTG-3125 New Logo Slick L01