Okaloosa County BOCC — March 15, 2016 — Agency email — reading text

Charlotte Dunworth From: Tara Austin <Tara.Austin@unitedtalent.com> Sent: Wednesday, March 02, 2016 10:39 AM To: Charlotte Dunworth Cc: Tara Austin Subject: RE: Janson 5.12.16 Hi Charlotte, The incorporated changes have been reviewed, thank you. Please have the modifications initialed , documents signed, and then return. Management will then counter sign and I will return to you a fully executed copy. Thank you, Tara Austin United Talent Agency 209 10th Avenue South, Suite 511 Nashville, TN 37203 T: 615.564.2580 F: 615.564.2585 Please note my new email address: tara.austin@unitedtalent.com From: Charlotte Dunworth [mailto:cdunworth@co.okaloosa.fl.us] Sent: Tuesday, March 01, 2016 1:00 PM To: Tara Austin; Mercy Bell Cc: Bill Leaman Subject: RE: Revised Deposit - Janson 5.12.16 Good afternoon ladies ‐ Attached please find our legal department’s requested changes as summarized below: Contract  Top of page, third line ‐ add "and Purchaser" after the term "Promoter(s)"  Exhibit A section 2. Merchandise – remove "without any participation in the proceeds by Purchaser" since first page under Merchandise indicates 10% to Purchaser  Exhibit A section 11. Indemnification ‐ insert in the beginning of the paragraph "To the extent permitted by law..." and add at the end of the paragraph "The parties agree that nothing contained herein is intended to nor shall be construed as a waiver of Purchaser's rights and immunities under section 768.28, F.S." (statute attached for reference)  Exhibit A section 12. Dispute Resolution ‐ change "Tennessee" to "Florida" and change "Davidson" to "Okaloosa" 1  Exhibit A section 18 Confidentiality ‐ add at the end of the paragraph "Notwithstanding the foregoing, all documents, records and other materials that are subject to the provisions of Chapter 119, F.S. shall be disclosed accordingly" (statute attached for reference) Rider  19. Insurance – change from $5M to $1M to be consistent with Contract section 19. Security and Insurance.  22. Choice of Law/Forum ‐ change "Tennessee" to "Florida" and change "Davidson" to "Okaloosa" Thank you!! Charlotte Dunworth Finance, Administration, & Compliance Manager 850.609.5385 | CDunworth@co.okaloosa.fl.us Emerald Coast Convention & Visitors Bureau 1540 Miracle Strip Pkwy. SE, Fort Walton Beach, FL 32548 #EmeraldCoasting “Top Beach in the U.S.” – USA TODAY EmeraldCoasting.com » Find us on Facebook » Visit our blog » Please note: Due to Florida’s very broad public records laws, most written communications to or from County employees regarding County business are public records, available to the public and media upon request. Therefore, this written e-mail communication, including your e-mail address, may be subject to public disclosure. From: Tara Austin [mailto:Tara.Austin@unitedtalent.com] Sent: Wednesday, February 24, 2016 9:57 AM To: Charlotte Dunworth <cdunworth@co.okaloosa.fl.us> Cc: Mercy Bell <Mercy.Bell@unitedtalent.com> Subject: FW: Revised Deposit ‐ Janson 5.12.16 Good morning Charlotte, Contract and rider attached with changes. Once both are signed, please return for artist counter signature. Thank you and let us know if you need anything else. From: Charlotte Dunworth [mailto:cdunworth@co.okaloosa.fl.us] Sent: Tuesday, February 23, 2016 2:35 PM To: Mercy Bell <Mercy.Bell@unitedtalent.com> Cc: Bill Leaman <bleaman@co.okaloosa.fl.us> Subject: RE: Revised Deposit ‐ Janson 5.12.16 Hi Mercy, If I understand correctly, the 50% deposit is payable to The Agency Group Inc and the balance is payable to My Kids Money LLC. We have a W‐9 for My Kids Money LLC. Please provide a W‐9 for The Agency Group Inc. Is a County issued check acceptable in lieu of a certified/cashier’s check for both payments? Exhibit A, Section 8 Cancellation – the County Administrator will be unable to sign this contract within ten (10) days of Purchaser’s receipt thereof. Since the contract requires a 50% deposit, Board of County Commissioners approval is required before signature. The contract will be taken to the Board for approval on March 15. Please change this section 2 to read as follows: “Purchaser agrees that Artist may cancel the engagement hereunder by giving Purchaser written notice thereof at least thirty (30) days prior to the date of performance and any deposit monies paid to Artist by Purchaser shall be refunded to Purchaser”. Rider 21 Pre‐Emption – Please change this section to read as follows: “Purchaser agrees that Artist may cancel the engagement hereunder by giving Purchaser written notice thereof at least thirty (30) days prior to the date of performance and any deposit monies paid to Artist by Purchaser shall be refunded to Purchaser”. Charlotte Dunworth Finance, Administration, & Compliance Manager 850.609.5385 | CDunworth@co.okaloosa.fl.us Emerald Coast Convention & Visitors Bureau 1540 Miracle Strip Pkwy. SE, Fort Walton Beach, FL 32548 #EmeraldCoasting “Top Beach in the U.S.” – USA TODAY EmeraldCoasting.com » Find us on Facebook » Visit our blog » Please note: Due to Florida’s very broad public records laws, most written communications to or from County employees regarding County business are public records, available to the public and media upon request. Therefore, this written e-mail communication, including your e-mail address, may be subject to public disclosure. From: Mercy Bell [mailto:Mercy.Bell@unitedtalent.com] Sent: Tuesday, February 23, 2016 12:56 PM To: Charlotte Dunworth <cdunworth@co.okaloosa.fl.us>; Bill Leaman <bleaman@co.okaloosa.fl.us> Subject: Revised Deposit ‐ Janson 5.12.16 Here you go! Let me know if you need anything else! ‐‐ Mercy Bell Contracts Administrator 209 10th Ave S, Ste 511 Nashville, TN 37203 T: 615-564-2580 F: 615-564-2585 NOTE: This message contains information which may be confidential and/or privileged. It is intended solely for the addressee. If you are not the intended recipient, you may not use, copy, distribute, or 3 disclose any information contained in the message. If you have received this transmission in error, please notify the sender by reply e-mail and delete this message. Please note, all rights of concurrent review and comment are hereby reserved. Thank you. United Talent Agency 9336 Civic Center Dr. Beverly Hills, CA 90210 (TA-56599-1) 888 7th Ave 9th Floor New York, NY 10102 (DCA-2011819) Bienstock, LLC, a Delaware limited liability company, dba Bienstock, A United Talent Agency Company 250 West 57th Street, Suite 333 New York, NY 10107 (DCA#2019439-DCA) 4