Okaloosa County BOCC — April 27, 2013 — reading text

Pg. 363 Attachment: Grant AH105 Amendment & Assignment (1521 : Approval of Grant Amendment and Assignment)  7.24.b Packet Pg. 364 Attachment: Grant AH105 Amendment & Assignment (1521 : Approval of Grant Amendment and Assignment)  7.24.b Packet Pg. 365 Attachment: Grant AH105 Amendment & Assignment (1521 : Approval of Grant Amendment and Assignment)  7.24.b Packet Pg. 366 Attachment: Grant AH105 Amendment & Assignment (1521 : Approval of Grant Amendment and Assignment)  7.25 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: March 19, 2013 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Cheer Perfection Filming DEPARTMENT: Public Works BCC DISTRICT: Two STATEMENT OF ISSUE: Authentic Entertainment is requesting to film a cheerleading team in the WSA Beach Nationals Cheerleading competition to be held at The Boardwalk. BACKGROUND: County Ordinance #13-07 (regulation of county recreational areas, including parks and beaches) addresses Special Events at county parks, beaches or recreational areas within Okaloosa County. A request has been received from Daniel Cauterucci on behalf of Authentic Entertainment LLC to produce a film for possible commercial release of a cheerleading team in the upcoming WSA Beach Nationals Cheerleading competition at The Boardwalk. The cheerleading event was previously approved by the Board of County Commissioners to be held Saturday and Sunday, March 23 & 24, 2013 from 8:00 a.m. to 8:00 p.m. The Authentic Entertainment team will consist of twenty contestants, three coaches and a 13 to 15 person film crew. They will be using five shoulder mounted cameras. Other equipment will include two minivans, one car and 2 cargo vans. We have received approval from the following entities: Gail Morgan, Emerald Coast Film Commissioner; Worldwide Spirit Association (WSA); Public Safety; Sheriff Office; George Golematis, Boardwalk Manager All required items have been provided. OPTIONS: Approve / Disapprove RECOMMENDATIONS: Approve the request for a Special Event Permit to film for commercial release their cheerleading team at the WSA Beach Nationals Cheerleading competition on the County beach at The Boardwalk as submitted by the Authentic Entertainment. Packet Pg. 367  7.25 RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator Packet Pg. 368  7.25.a Packet Pg. 369 Attachment: Special Event Permit (1503 : Cheer Perfection Filming)  7.25.b LOCATION RELEASE Date: ____________________________________ Name: __________________________________________________[“Owner”] Phone:___________________________________________________ Attachment: Cheer Perfection PER - Location Release CLEAN (8 6 12) (1503 : Cheer Perfection Filming) Address:______________________________ ___________________ City, State, Zip:____________________________________________ Owner hereby grants to DISCOVERY COMMUNICATIONS, LLC (“DCL”) and Authentic Entertainment, LLC (“Producer”) and their respective parents, subsidiaries and affiliates, licensees, successors and assigns, for good and valuable consideration, receipt of which is hereby acknowledged, permission to enter upon and use the property and the contents thereof and the appurtenances thereto located at: ________________________________________(the “Property”) for the purpose of photographing and recording certain scenes in connection with a program tentatively entitled “Cheer Perfection” (the “Program”) during production thereof, and as necessary during any extension, re-shooting or preparation of publicity or promotion therefore. All physical embodiments of filming, recording and photography on the Property shall hereinafter be known as the “Materials”. DCL and/or Producer may place all necessary facilities and equipment on the Property and agree to remove same after completion of work and leave the property in as good of condition as when received. DCL and/or Producer will use reasonable care to prevent damage to said Property, and will indemnify the Owner, and all other parties lawfully in possession, of said Property, and hold each of them harmless from any claims and demands of any person or persons arising out of or based upon personal injuries, death or property damage suffered by such person or persons resulting directly from any act of negligence on Producer and/or DCL's part in connection with Producer and/or DCL's use of the Property. Owner grants to Producer and/or DCL all rights of every kind in and to the Materials including without limitation the right to exploit the Materials throughout the world, an unlimited number of times, in perpetuity in any and all media, now known or hereafter invented, and in connection with the Program, DCL or otherwise and for advertising and promotional purposes in connection therewith and all rights, including copyright in the Materials shall be and remain vested in Producer and/or DCL, and neither the Owner, nor any tenant, nor other party now or hereafter having an interest in the Property, shall have any right of action against Producer and/or DCL or any other party arising out of any use of said Materials whether or not such use is, or may be claimed to be, defamatory, untrue or censorable in nature. The undersigned acknowledges that Producer and/or DCL is photographing and recording such scenes in express reliance upon the foregoing. The undersigned represents and warrants that the undersigned has all rights and authority to enter into this agreement and to grant the rights granted hereunder. It is expressly understood and agreed that Owner’s rights and remedies against Producer and DCL shall be limited to the right, if any, to recover actual money damages in an action at law, and Owner shall not be entitled to terminate or rescind this Location Release or any of the rights granted hereunder to Producer and DCL, or to enjoin or restrain the development, production, distribution, advertising or other exploitation of the Program or any rights therein, or to seek same. Producer and/or DCL are not obligated to actually use the Property or produce the Program or include the Materials in the Program for which it was shot or otherwise. Producer and/or DCL may at any time elect not to use the Property by giving the Owner written notice of such election, in which case, neither party shall have any obligation hereunder. This is the complete and binding agreement between the parties, and it supersedes all prior understandings and communications, both oral and written, with respect to its subject matter. No other authorization is necessary to enable Producer and/or DCL to use the Property for the purpose herein contemplated. AGREED AND ACCEPTED: SIGNATURE: _____________________________________ DATE:   2860 N. Naomi St. • Burbank, CA 91504 • 323-644-6144 Voice • 323-644-7266 Fax Packet Pg. 370 Packet Pg. 371 7.25.c Attachment: Cheer Perfection approval from Darren DeMoss WSA (1503 : Cheer Perfection Filming)  7.25.d Packet Pg. 372 Attachment: Public Safety Approval (1503 : Cheer Perfection Filming)  7.25.e Packet Pg. 373 Attachment: WSA Approval (1503 : Cheer Perfection Filming)  7.25.e Packet Pg. 374 Attachment: WSA Approval (1503 : Cheer Perfection Filming)  7.25.f Packet Pg. 375 Attachment: Sheriff Approval (1503 : Cheer Perfection Filming)  7.25.f Packet Pg. 376 Attachment: Sheriff Approval (1503 : Cheer Perfection Filming)  7.25.g Packet Pg. 377 Attachment: The Boardwalk Approval (1503 : Cheer Perfection Filming)  7.25.g Packet Pg. 378 Attachment: The Boardwalk Approval (1503 : Cheer Perfection Filming)  7.25.h Packet Pg. 379 Attachment: Hold Harmless (1503 : Cheer Perfection Filming)  7.25.i Packet Pg. 380 Attachment: Certificate of Liability Ins (1503 : Cheer Perfection Filming)  7.26 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: March 19, 2013 TO: Honorable Chairman and Members of the Board FROM: Dino J. Villani SUBJECT: BP Claim Settlement DEPARTMENT: Airport BCC DISTRICT: All STATEMENT OF ISSUE: The BCC is requested to accept, as full and final, the offer from the BP Government Claims Office. BACKGROUND: The BCC is requested to approve a negotiated settlement offer of $98,815 from the BP Deepwater Horizon oil spill Government Claims Office. This claim is based on calculated revenue loss to the Northwest Florida Regional Airport due to the oil spill during the period June 1, 2010 and August 31, 2010. The Airport’s consultant, AMRI, originally calculated the claim at $264,211. The claim was based upon rental car, parking, terminal concession and fuel flow revenue direct and calculated losses, plus the calculated loss of FAA grant entitlements, Passenger Facility Charges and rental car Customer Facility Charges. The BP claims office stated that this calculation did not follow the required model established for government claims, and offered $50,409. The Airport countered with a revised claim for $123,823 basically following the BP Government claims models; however, taking issue with the BP assumption that 50% of airline traffic was related to business and therefore unlikely to have declined visiting the Gulf Coast because of the oil spill. BP