Okaloosa County BOCC — April 1, 2014 — 2013 Horizons Burning Up the Beaches

TOURIST DEVELOPMENT DEPARTMENT CONTRACT APPROVAL FORM CONTRACTOR NAME: HORIZONS FOUNDATION OF OKALOOSA COUNTY PURPOSE: © 2013 BURNING UP THE BEACHES CAR SHOW TERM: Expires upon final payment by the County. AMOUNT: $7,500.00 I have reviewed the above-referenced Contract and find it to be in compliance with the Tourist Development Department Operations & Procedures Manual, the Okaloosa County Purchasing Manual and applicable local, state and federal laws, rules and regulations, (Initial applicable authorization) Lt\ This approval authorizes the contract to be entered into by the County and executed by the appropriate authorizing official in accordance with the Okaloosa County Purchasing Manual. Lit. This approval authorizes the payment under the Contract to be processed for payment. APPROVED AS TO FORM AND LEGALITY: SS TDD SoS LYNN HOSHIHARA PRINT NAME MARCH 10, 2014 DATE AGREEMENT BETWEEN HORIZONS FOUNDATION OF OKALOOSA COUNTY, INC. AND OKALOOSA COUNTY, FLORIDA 2013 BURNING UP THE BEACHES CAR SHOW This Agreement made and entered into this day of March, 2014, by and between Okaloosa County, Florida, a political subdivision of the State of Florida (the “County”) and Horizons Foundation of Okaloosa County, Inc. (the “Contractor”) relating to the 2013 Burning Up The Beaches Car Show as more particularly set forth herein. WITNESSETH: WHEREAS, the COUNTY previously committed to pay CONTRACTOR $7,500.00 to provide production services to produce an episode on the Velocity Channel “Lokar Car Show” highlighting the 2013 Burning Up The Beaches Car Show (“Event”); and WHEREAS, the Event was held on May 4, 2013 and the COUNTY has determined that the production of an episode of the Lokar Car Show highlighting the Event aided in increasing awareness, revenue and tourism within the sub-county taxing district; and WHEREAS, the COUNTY and the CONTRACTOR wish to memorialize the terms and conditions of its previous verbal agreement. NOW THEREFORE, in consideration of the above and the mutual covenants contained herein, the parties agree as follows: ARTICLE I: RECITALS The above recitals are incorporated as essential terms of this Agreement. ARTICLE I: SCOPE OF SERVICES The CONTRACTOR has: e Produced one (1) full episode of the “Lokar Car Show” highlighting the Event to be cablecast on Velocity Channel during the 2013 season (the “Episode”). e Provided the COUNTY with a DVD of the Episode. ARTICLE III: COMPENSATION AND INVOICES 3.1 CONTRACTOR shall be compensated $7,500.00 for providing the services set forth in this Agreement. 3.2 It is mutually agreed and understood that payments to the CONTRACTOR for approved expenditures shall be made only upon submission to the COUNTY of itemized copies or original invoices. 3.3 No invoice will be processed without the executed task order, purchase order or contract/lease payment approval form approved by the respective County official(s). No invoice will be approved unless a copy of the actual invoice from the vendor accompanies the invoice reflecting the acquisition of goods/services. ARTICLE IV: INDEPENDENT CONTRACTOR It is mutually agreed that the CONTRACTOR is and shall remain an independent contractor and is not an employee or agent of the COUNTY. ARTICLE V: TERM OF AGREEMENT This Agreement shall be effective retroactive to March 1, 2013 and shall terminate upon final payment by the COUNTY. ARTICLE VI: INDEMNIFICATION AND HOLD HARMLESS To the fullest extent permitted by law, CONTRACTOR shall indemnify and hold harmless COUNTY, its officers and employees from liabilities, damages, losses, and costs including but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONTRACTOR and other persons employed or utilized by the CONTRACTOR in the performance of this Agreement. ARTICLE VII: ENTIRE AGREEMENT This Agreement constitutes the entire understanding between the parties with respect to the transaction contemplated herein and supersedes all prior written or oral negotiations, commitments or writings. All future modifications to this agreement shall be in writing signed by both parties. ARTICLE VIII: ATTORNEYS FEES If any legal action is brought by either party relating to this Agreement, the prevailing party will be entitled to reimbursement by the other party of its reasonable attorneys' fees and costs. ARTICLE IX: GOVERNING LAW AND VENUE This Agreement shall be interpreted in accordance with the laws of the State of Florida. Venue for any legal proceedings arising out of this Agreement shall be in Okaloosa County, Florida. IN WITNESS WHEREOPF, the parties hereto have caused these presents to be executed on the day and year first hereinabove written. Approved as to form: By: Gregory T. Stewart, County Attorney ATTEST: Clerk of the Circuit Court Witnesses: Signature LO SlCOBDEDCE _ WN core Signature Chatloe Nmuorte. Print Name OKALOOSA COUNTY, FLORIDA Charles K. Windes, Chairman Board of County Commissioners Date: HORIZONS FOUNDATION OF she INC. a= F al LOT LA Woodall, Director Date: 2, L235 J) Le