Okaloosa County BOCC — October 23, 2014 — VI.b. Destin to Fish TV — reading text

TOURIST DEVELOPMENT DEPARTMENT MEMORANDUM DATE: October 23, 2014 TO: Tourist Development Council FROM: Ed Schroeder, Tourist Development Department Director SUBJECT: “Destin to Fish” TV Show - First Season Production Support Background The TDC and BCC previously approved $6,200 to fund production of a pilot for a fishing show spinoff from Justin Martin Hunting, a successful hunting show on the Sportsman Channel produced by Justin Martin of Enterprise, AL. The premise of the show is to run sweepstakes to bring a different family to the area for each episode, with the non-fishing spouse visiting local shops, restaurants, and attractions. TDC and BCC were apprised that if the show was picked up by The Sportsman Channel or a network of equivalent value, the estimated cost would be $73,800 for the rest of the first season (12 episodes, with multiple airings per month). Discussion The show “Destin to Fish” has been picked up by The Sportsman Channel. An additional $73,800 is requested to fund the production of 12 additional episodes for the first season with the objective of increasing visitation and lodging facility occupancy within the taxing district. The pilot was authorized under a task order to the County’s advertising agency. However, given the dollar amount and to protect the County’s interests, it is more appropriate for the County to contract directly with Martin Outdoor. Funding is available in 5th penny reserves. There is currently $2.2M in promotional reserves in the 5th penny, which exceeds the required reserve policy amount of $831K. TDC Recommendation to BCC Recommend approval of a contract with Martin Outdoor Entertainment and budget amendment for the use of 5th penny reserves in the amount of $73,800 to fund production of the first season of “Destin to Fish”.  AGREEMENT BETWEEN MARTIN OUTDOOR ENTERTAINMENT/REALIN’ SCRIPTS CHARTER, LLC, AND OKALOOSA COUNTY, FLORIDA “DESTIN TO FISH” TV SHOW This Agreement made and entered into this ____th day of _______, 2014, by and between Okaloosa County, Florida, a political subdivision of the State of Florida (the “County”) and Martin Outdoor Entertainment/Realin’ Scripts Charters, LLC, (the “Contractor”) relating to the “Destin to Fish” television show as more particularly set forth herein. WITNESSETH: WHEREAS, the COUNTY previously approved $6,200 to fund production of a pilot for a fishing show produced by the CONTRACTOR called “Destin to Fish”, which runs sweepstakes to bring a different family to the area to showcase fishing opportunities in the area as well as featuring local shops, restaurants and attractions; and WHEREAS, the COUNTY determined that the pilot episode aided in increasing awareness and promotion of tourism within the sub-county taxing district; and WHEREAS, the CONTRACTOR’s pilot episode has been picked up by The Sportsman Channel and CONTRACTOR has requested additional funding in exchange for the County exercising control of production locations; and WHEREAS, the County has determined that the production of a full first season, which includes 12 episodes, will continue to enhance awareness of the area and promote tourism within the sub-county taxing district; and WHEREAS, the COUNTY seeks to engage the CONTRACTOR for the purposes of providing production services as set forth in this Agreement. NOW THEREFORE, in consideration of the above and the mutual covenants contained herein, the parties agree as follows: ARTICLE I: RECITALS 1.1 The above recitals are incorporated as essential terms of this Agreement. ARTICLE II: SCOPE OF SERVICES 2.1 The CONTRACTOR shall provide production services as set forth in EXHIBIT A. 1 ARTICLE III: COMPENSATION AND INVOICES 3.1 CONTRACTOR shall be compensated $73,800.00 for providing the services set forth in EXHIBIT A. Such compensation will be paid on a monthly draw schedule per the anticipated production schedule: October - production - $25,000 November - production - $25,000 December - editing - $16,420 January – episodes begin airing – $7,380 (paid upon receipt of 12 completed episodes) 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. All statements or invoices for fees for services rendered submitted by the CONTRACTOR to the COUNTY shall be submitted in detail sufficient for proper pre-audit and post-audit thereof to insure that the work performed, expense incurred, or service rendered actually took place, was properly authorized and that the correct amount has been charged. Invoices submitted by the CONTRACTOR for services performed under this Agreement shall be itemized such that the description of services performed is consistent with the description included in the scope of services attached hereto as EXHIBIT A. 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. 3.4 No advancement of funds will be issued unless specifically approved by the Board of County Commissioners. 3.5 In the event a portion of an invoice submitted to the COUNTY for payment to the CONTRACTOR, as specified above, is disputed, payment for the disputed amount may be withheld pending resolution of the dispute, and the remainder of the invoice(s) will be processed for payment without regard to that portion which is in dispute. 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: PURCHASES AND PAYMENTS 5.1 All purchases made by the CONTRACTOR on behalf of the COUNTY shall be made in accordance with the COUNTY’s Purchasing Manual. A copy of the Purchasing Manual has been provided to the CONTRACTOR and its terms are incorporated herein by reference as an essential part of this Agreement. 2 5.2 RELEASE. The CONTRACTOR shall obtain releases, licenses, permits or other authorization to use photographs, copyrighted materials, artwork or any other property or rights belonging to third persons obtained by the CONTRACTOR for use in performing services for the COUNTY and shall be responsible for any claims arising with respect to such use. ARTICLE VI: TERM OF AGREEMENT This Agreement shall be effective on _____________, 2014 and shall terminate upon the production of the first season of “Destin to Fish” and final payment by the COUNTY. ARTICLE VII: GENERAL INSURANCE REQUIREMENTS. 7.1 The CONTRACTOR shall not commence any work in connection with this Agreement until it has obtained all required insurance and such insurance has been approved by the Okaloosa County Risk Management Officer. 7.2 All insurance policies shall be with insurers licensed to do business in the State of Florida, and any insuring company is required to have a minimum rating of A, Class X in the Best Key Rating Guide published A. M. Best & Co., Inc. 7.3 The COUNTY shall retain the right to reject all insurance contracts that do not meet the requirement of this Agreement. Further, the COUNTY reserves the right to change these insurance requirements with sixty (60) days’ notice to the CONTRACTOR. 7.4 The insurance definition of Insured or Additional Insured shall include Subcontractor, Sub-subcontractor, and any associated or subsidiary companies of the CONTRACTOR, which perform any services under this Agreement. 7.5 The COUNTY reserves the right at any time to require the CONTRACTOR to provide certified copies of any insurance policies to document the insurance coverage specified in this Agreement. 7.6 The designation of CONTRACTOR shall include any associated or subsidiary company which is involved and is a part of the contract and such, if any associated or subsidiary company involved in the project must be named in the Workers' Compensation coverage. 7.7 CONTRACTOR shall notify COUNTY of any cancellation or restrictive amendments at least thirty (30) days prior to the effective date of such cancellation or amendment. Such notice shall be given directly to the Okaloosa County Risk Management Officer. 7.8 All insurance contracts, except the Workers' Compensation shall list the COUNTY as an Additional Insured. CONTRACTOR shall provide the COUNTY current Certificates of Insurance for all policies at least ten (10) days before commencing work. 3 ARTICLE VIII: BUSINESS AUTOMOBILE AND COMMERCIAL GENERAL LIABILITY 8.1 The CONTRACTOR shall maintain Business Automobile Liability insurance coverage throughout the term of this Agreement and any extension hereto. The insurance shall include Owned, Non-Owned & Hired motor vehicle coverage. 8.2 The CONTRACTOR shall carry other Commercial General Liability insurance against all other Bodily Injury, Property Damage and Personal and Advertising Injury exposures. Such coverage shall include both On and Off Premises Operations, Contractual Liability, Board Form Property Damage and Professional Liability. 8.3 Commercial General Liability coverage shall be endorsed to include the following: a) On and Off Premises Operation Liability b) Occurrence Bodily Injury and Property Damage Liability c) Independent Contractor Liability d) Completed Operations and Products Liability 8.4 The CONTRACTOR shall agree to maintain in force Commercial General Liability Insurance including Completed Operations and Products Liability coverage for at least two (2) years following acceptance of the project by the COUNTY. 8.5 All liability insurance shall be written on an occurrence basis and shall not be written on a claim-made basis. If the insurance is issued with an aggregate limit of liability, the aggregate limit of liability shall apply only to the locations included in this Agreement. If, as the result of any claims or other reasons, the available limits of insurance reduce to less than those stated in the 12.6 below, the CONTRACTOR shall notify the COUNTY representative in writing. The CONTRACTOR shall purchase additional liability insurance to maintain the requirements established in this Agreement. Umbrella or Excess Liability insurance can be purchased to meet the limits specified in 12.6 below. 8.6 LIMITS OF LIABILITY. The insurance required shall be written for not less than the following limits unless law requires higher amounts: 1. Workers Compensation a) State Statutory b) Employers Liability $1 million each accident 2. Business Automobile $1 million each occurrence (Combined Single Limit) 3. Commercial General Insurance $1 million each occurrence (Combined Single Limit) 4 4. Professional Liability $1 million each occurrence (Combined Single Limit) 5. Personal Injury and Advertising $1 million each occurrence (Combined Single Limit) 8.7 The CONTRACTOR agrees to report any incident or claim that results from performance of this Agreement. Within ten (10) days of the CONTRACTOR’s knowledge, the Okaloosa County Risk Management Officer shall receive written notice describing the incident or claim. In the