Item D07
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: DECEMBER 15.2004
Division:
TDC
Bulk Item: Yes -X- No
Department:
AGENDA ITEM WORDING:
Approval of a Destination Event Agreement with Hog's Breath Saloon of Key West,
Inc. covering the Key West Songwriter's Festival on May 11-15,2005 in an amount not
to exceed $20,000, DAC I, FY 2005, Third Penny Event Resources.
ITEM BACKGROUND:
TDe approved same at their meeting of August 25, 2004.
PREVIOUS REVELANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
New Agreement
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: 520.000 BUDGETED: Yes --.lL No
COST TO COUNTY: $20.000 SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes -L... No AMOUNT PER MONTH_ Year
APPROVED BY: CountyAtty X- O~~1~~ent-Kr
DIVISIONDIRECTORAPPROV~ ~_~
(Lynda tuart)
DOCUMENTATION:
Included X
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM # I) rf
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Hog's Breath Saloon of Contract #_
Key West, Inc. Effective Date: 12/15/04
Expiration Date:
Contract Purpose/Description:
Approval of a Destination Event Agreement with Hog's Breath Saloon of Key West.
Inc. covering the Key West Songwriter's Festival on May 11-15.2005 in an amount not
to exceed $20.000. DAC I. FY 2005. Third Penny Event Resources.
Contract Manager: Maxine Pacini 3523 TDC # 3
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 12/15/04 Agenda Deadline: 11/30/04
CONTRACT COSTS
Total Dollar Value of Contract: $ 20,000
Budgeted? Yes/:8J No 0 Account Codes:
Grant: $
County Match: $
Current Year Portion: $
117-77030-530340- T57S-485-X-530340
- - - -
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
- -
---
Division Director
CONTRACT REVIEW
~ Chang~e, Dat Out
p e 'J~:AT Needed e //
Iii "i IesD N q/ ~.
- YesDNo~~a~ /12-- 0
YesONo!if /'6h&~
#rt YesD No~ S.Hutton
Risk Management
O.M.B./Purchasing
County Attorney
Comments:
OMB Form Revised 2/27/01 MCP #2
Qldnatlon Events Aareement
THIS AGREEMENT is entered into this day of , 2004 by and
between BOARD OF COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA, (BOCC)
and the Hog's Breath Saloon of Key West, Ine. (Event Sponsor).
NOW. THEREFORE, and in consideration eX the mutual covenants, contained herein
the parties agree as follows:
1. The BOCC agrees to pay from tourist development tax funds up to $20,000
(Twenty Thousand Dollars) for the Key West Songwriter's Festival on May 11-15, 2005 (See
Exhibit A).
2. Scooe of Services: Event Sponsor agrees to provide the County with an event as
specified below:
a). Opening party/reception to meet the performers
b). Meet and Greet Sessions
c). Five (5) Concerts
3. All advertising and public relations services or supervision of advertising and
public relations will be provided through the contracted agencies of the Tourist Development
Council (TOC) and SOCC. The agencies of record shall receive payment of work in progress
upon submission of documented invoices associated with said event.
4. Pavment: Any payments directly to Event Sponsor or vendors aSSOCiated with
said event shall be as follows: .
Event Sponsor shall submit to TDC an invoice which shall indicate the task
completed for which payment is sought, with proper documentation attached. No more than
10% of the total advertising and promotional costs paid under this agreement shall be
attributable to ifHX)Unty activity. County shall pay Event Sponsor, or directly to vendor upon
request of Event Sponsor, pursuant to the Florida Prompt Payment Act upon receipt of a
proper invoice.
Monroe County's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the SOCC. Only acceptable expenses listed in the
Monroe County Tourist Development Council Operations Manual shall be paid.
5. Accounting: Event Sponsor shall maintain all books, records, and
documents directly pertinent to performance under this Agreement in accordance with
generally accepted accounting principles consistently applied. Each party to this Agreement or
their authorized representatives shall have reasonable and timely access to such records of
each other party to this Agreement for public records purposes during the term of the
Agreement and for four years following the termination of this Agreement. If an auditor
employed by the County or Clerk determines that monies paid to Event Sponsor r pursuant to
this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall
repay the monies together with interest calOJlated pursuant to Sec. 55.03, FS, running from
the date the monies were paid to Event Sponsor.
6. Modification: Une item changes to the advertising and promotion budget may
be made up to but not exceeding 10% of the larger line item amount without requiring BOCC
approva' of the partiCUlar change.
7. Sreach and Penalties: The parties agree to full performance of the covenants
contained in this agreement, and the BOCC reserves the right at its discretion, provided such
breach is material, to terminate this agreement for any misfeasance, malfeasance, or
Key West Songwriter's Festival
1
nonp8rformance of the agreement terms or negligent performance of the agreement terms by
Event Sponsor.
8. Termination: This Agreement will terminate on September 30, 2005, unless
eartier terminated pursuant to paragraph 7 or 9. All invoices must be submitted prior to
September 30, 2005.
9. Non Occurrence of Event: If the event does not take place for any reason under
control of Event Sponsor except for those reasons in paragraph 19, then Event Sponsor
agrees to refund to the BOCC any amounts already paid under this agreement, and relieve the
BOCC from any further payments.
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 induding title and stated affiliation.
10. Indemnification and HoIq Harmless: Event Sponsor covenants and 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
attorneys 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 BOCC or its agents.
11. 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.
Work associated with the Event (induding pre-staging of personnel and materiaJ) shall
not commence until satisfactory evidence of the required insurance has been furnished to the
county as specified below. Event Sponsor shall maintain the required insl.l"ance 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:
* CertiflC8te 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 BOCC 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
bylaw.
The Monroe County Board of County Commissioners, its employees and officials will be
included as -Additional Insured" on all policies.
Any deviations from these GeneraJ Insurance Requirements must be requested in
writing on the County form titled -Request for Waiver a 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.
Key West Songwriter's Festival
2
. 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 contrad
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.
Recognizing that the work governed by this contract involves the sales and/or distribution of
alcoholic beverages, the Event Sponsor'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.
12. Permits: Event Sponsor will secure all required permits, licenses including but
not limited to occupational licenses.
13. Taxes: The BOCC and TDC are exempt from Federal Excise and State of
Florida Sales Tax.
14. Finance Charaes: The BOCC and TDC will not be responsible for any finance
charges.
15. Relation of BOCCITDC: It is the intent of the parties hereto that Event Sponsor
shall be legally considered as an independent contractor and that neither it nor its employees
shall, under any cirQJmstances, be considered servants or agents of the BOCC and TDC and
the BOCC and me 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.
16. Disclosure: Event Sponsor shall be required to list any or all potential conflicts or
interest, as defined by Florida Statute 112 and Monroe County Code. Event Sponsor shall
disclose to the BOCC 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 BOCC and TOC.
17. Assianment: Event Sponsor shall not assign, transfer, convey, subfet 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 BOCC.
18. ComDliance with laws: Event Sponsor shall comply with all federal, state and
local laws and ordinances appficable to the work or payment for work thereof.
19. Nondiscrimination. Coooty and Contractor agree that there will be no
disaimination against any person, and it is expressly understood that upon a determination by
a court of competent jurisdiction that disaimination has occurred, this Agreement automatically
Key West Songwritel"s Festival
3
terminates without any further adion on the part of any party, effective the date of the court
<;>rder. County or Contractor agree to comply with all Federal and Florida statutes, and all local
ordinances, as applicable, relating to nondiscrimination. These include but are not limited to:
1) Title VI of the Civil Rights Ad of 1964 (PL 88-352) which prohibits discrimination on the
basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as
amended (20 USC 88.1681-1683, and 1685-1686), which prohibits discrimination on the basis
of sex; 3) Section 504 of the Rehabilitation Ad of 1973, as amended (20 USC s. 794), which
prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Ad. of 1975, as
amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The
Drug Abuse Office and Treatment Ad of 1972 (Pl 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; 6) The Comprehensive AlcoI'la Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Ad. of 1970 (Pl 91-616), as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Ad of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patent recads; 8) Title VIII of the Civil
Rights Ad of 1968 (42 USC s. at seq.), as amended, relating to nondiscrimination in the sale,
rental or financing of housing; 9) The Americans with Disabilities Ad of 1990 (42 USC s. 1201
Note), as maybe amended from time to time, relating to nondiscrimination on the basis of
disability; 10) Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the bases of
race, cofor, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity
or expression, familial status or age; and 11) any other nondiscrimination proviSions in any
Federal or state statutes which may apply to the parties to, or the subject matter of, this
Agreement.
20. . Force M~ieure: Event Sponsor shall not be liable for delay in performance or
failure to perform in whole or in part, the services due to the occurrence of any contingency
beyond its control or the control of any of its subcontractors or suppliers, induding labor
dispute, strike, labor shortage, war or act of war whether an actual declaration thereof if made
or not, insurrection, sabotage, riot or civil commotion, act of public enemy, epidemic,
quarantine restriction, accident, fire, explosion, storm, flood, drought or other ad of God, act of
any governmental authority, jurisdictional action, or insufficient supply of fuel, electricity, or
materials or supplies, or technical failure where the Event Sponsor has exercised reasonable
care in the prevention thereof, and any such delay or failure shall not constitute a breach of the
Agreement. Upon demand of TOC or BOCC, Event Sponsor must furnish evidence of the
causes of such delay or failure. BOCC shatl not pay for any services or activities, promotional
or otherwise, comected with an event produced after the date(s) described in paragraph 1 and
Scope of Services.
21. Govemina lawNenue: This Agreement shall be governed and construed by and
in accordance with the laws of the State of Florida and the County of Monroe and Federal law.
Venue for any dispute concerning this Agreement shall be in Monroe County.
22. Securitv Protection: Event Sponsor agrees to provide adequate secuity for the
event. No TOC funds will be used for this purpose.
23. Ownershij2: All advertising and promotion work performed under the agreement
and paid for by the BOCC and TDC shall be the property of the BOCC and TOC, for whatever
use and/or dispositiQ'l the BOCC and TDC may deem appropriate.
24. loao: All promotional literatu"e and display advertising with the exception of
generic advertising must display the "florida Keys & Key West, Monroe County Tourist
Development Council Come Aa You Are" logo/trade mark (as per enclOsed). This
logoItrade mark was adopted by the TOC and County in November 2000. No re-imbursement
will be provided to those entities utilizing the old logoItrade mark -Florida Keys & Key West
Key West Songwriter's Festival
4
Come as you area. Radio Advertising should read "Brought to you by the Monroe County
Tourist Development Councir.
25. Severability: If any provision of this Agreement shall be held by a Court of
competent jurisdiction to be invalid or unenforceable, the 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.
26. Authority: Each of the signatories for the sponsor below certifies and warrants
that:
a) The spensers name in the agreement is the full name as designated in its corporate
charter, and b) they are empowered to act and agreement for the sponsors and c) this
agreement has been approved by the spensers Board of Directors.
27. EU,ics Clause: Event Sponsor warrants that it has not employed, retained or
other wise had act on its behalf, any former COUNTY officer 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 tenninate 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.
28. Public Entitv Comes: .A person or affiliate who has been placed on the
convi~ vendor list following a conviction for public entity aime 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 period of 36 months from the date of being placed
on the convicted vendor list. a
29. Federal and State Aid: Event Sponsor and County agree that each shall be, and
is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of
this Agreement; provided that all applications, requests, grant proposals, and funding
solicitations shall be approved by each party prior to submission.
30. Adjudication of Disoutes or Disaareements: County and Event Sponsor agree that
all disputes and disagreements shall be attempted to be resolved by meet and confer sessions
between representatives of each of the parties. If no resolution can be agreed upon within 30
days after the first meet and confer session, the issue or issues shall be discussed at a public
meeting of the Board of County Commissioners. If the issue or issues are still not resolved to
the satisfaction of the parties, then any party shall have the right to seek such relief or remedy
as may be provided by this Agreement or by Florida law.
31. Non-Waiver of Immunitx: Notwithstanding he provisions of Sec. 286.28, Florida
Statutes, the participation of the COU'lty and the Contractor in this Agreement and the
acquisition of any commercial liability insurance coverage, self-inslI"snce coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of immunity to the
extent of liability coverage, nor shall any centrad entered into by the County be required to
contain any provision for waiver.
32. Privileaes and Immunitiefl: All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or employees
of any public agents or employees of the County, when performing their respective functions
Key West Scmprita-'sFestivaI
s
under this Agreement within the territorial limits of the County shall apply to the same degree
and extent to the performance of such functions and duties of such officers, agents,
volunteers, or employees outside the territorial limits of the County.
33. Leaal Obligations and Resoonsibilities: Non-Deleaation of Constitutional or
Statutory Duties: This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law except
to the extent of actual and timely performance thereof by any participating entity, in which case
the performance may be offered in satisfaction of the obligation or responsibility. Further, this
Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the
constitutional or statutory duties of the County, except to the extent permitted by the Florida
constitution, state statute, and case law.
34. Non-R"iance by Non-Parties: No person or entity shall be entitled to rely upon
the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party
claim or entitlement to or benefit of any service or program contemplated hereunder, and the
County and the Contractor agree that neither the County nor the Contractor or any agent,
officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate
that any particular individual or group of individuals, entity or entities, have entitlements or
benefits under this Agreement separate and apart, inferior to, or superior to the community in
general or for the purposes contemplated in this Agreement.
35. Section Headinas: Section headings have been inserted in this Agreement as a
matter of convenience of reference only, and it is agreed that such section headings are not a
part of this Agreement and will not be used in the interpretation of any provision of this
Agreement.
36. No SOlicitation/Pavment: The County and Event Sponsor warrant that, in respect to
itself, it has neither employed nor retained any company or person, other than a bona fide
employee working solely for it, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for it, any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. For the breadl or
violation of the provision, the Contractor agrees that the County shall have the right to
terminate this Agreement without liability and, at its discretion, to offset from monies owed, or
otherwise recover, the full amount of such fee" commission, percentage, gift, or consideration.
37. Public Access: The County and Event Sponsor shall allow and permit
reasonable access to, and inspection of, all documents, papers, letters or other materials In its
possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and
made or received by the County and Contractor in conjunction with this Agreement; and the
County shall have the right to unilaterally cancel this Agreement upon violation of this provision
by Contractor.
38. Severability: If any term, covenant, condition or provision of this Agreement (or
the application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining terms,
covenants, conditions and provisions of this Agreement, shall not be affected thereby; and
each remaining term, covenant, condition and provision of this Agreement shall be valid and
shall be enforceable to the fullest extent permitted by law unless the enforcement of the
remaining terms, covenants, conditions and provisions of this Agreement would prevent the
accomplishment of the original intent of this Agreement. The County and Contractor agree to
reform the Agreement to replace any stricken provision with a valid provision that comes as
close as poSSible to the intent of the stricken provision.
Key West Songwriter's Festival
6
39. AttorneY's Fees and Costs: The County and Event Sponsor agree that in the
event any cause of action or administrative proceeding is initiated or defended by any party
relative to the enforcement or interpretation of this Agreement, the prevailing party shall be
entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses,
as an award against the non-prevailing party, and shall include attorney's fees, courts costs,
investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings
initiated and conducted pursuant to this Agreement shall be in accordance with the Florida
Rules of Civil Procedure and usual and customary procedures required by the circuit court of
Monroe County.
40. Entire Aareement: The parties agree that the Agreement above constitutes the
entire agreement between the BOCC and Event Sponsor.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and
year first above written.
(SEAL)
Hog's Breath Saloon of Key West, Inc.
By
President
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairman
MONROE COUNTY ATTORNEY
VEO AS TO
ANN. ON
ASSISTANT CO:Z'~RNEY
Dltl ~
Key West Songwriter's Festival
7
EXHIBIT A
TOillUST DEVELOPMENT COUNCa
BUDGET BREAKDOWN
FISCAL YEAR 2004/2005
EVENT NAME:
Key West Songwriter's Festiva12005
DIRECT MAIL & POSTAGE
$
PRINT & BROADCAST PRODUCTION
$ 6,000
PUBLIC RELATIONS
$
$
PHOTO PROGRAM
MEDIA ADVERTISING
$ 14,000
PROMOTIONAL ITEMS
(T-SHIRTS, CAPS, JACKETS,ETC.)
$
*GENERAL-NON-ALLOCATED
$
TOTAL:
$ 20,000
* GENERAL NON-ALLOCATED IS NOT TO EXCEED 15% OF THE AMOUNT A WARDED
BY THE MONROE COUNTY TOillUST DEVELOPMENT COUNCa FOR THIS SPECIFIC EVENT.
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MCTG-3125 New Logo Slick L01