FY2003 11/20/2002 Agreement
Clerk olllle
eireuil eoun
Danny L. KoIhage
Clerk of the Circuit Court
Phone: (305) 292-3550
FAX: (305) 295-3663
e-mail: phancock@monroe-clerk.com
Memnrandwn
TO: Lynda Stuart, Office Manager
Tourist Development Council
A TTN: Maxine Pacini
Administrative Assistant
FROM: Pamela G. Han{'~
Deputy Clerk CY
DATE: December 5,2002
At the November 20, 2002, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
Amendment to Agreement between Monroe County and the Key West Botanical Garden Society to
provide for an extension to the Agreement until March 15, 2003.
./ Turn Key Events Agreement between Monroe County and Super Boat International Productions,
Inc., covering the City of Marathon Super Boat Grand Prix 2003 on June 13.15, 2003 in an amount not to
exceed $45,922, DAC III, FY 2003 Third Penny Event Resources and $13,078, Two Penny Special
Resources.
Agreement between Monroe County and Smith Travel Research, Inc. to extend Agreement, allow
for change in compensation and scope of services.
Amendment to Agreement between Monroe County Friends of Mallory Square to provide for an
extension to the lighting/bust Agreement until March 15, 2003.
Enclosed are two duplicate originals of each of the above mentioned for your handling.
Should you have any questions please do not hesitate to contact this office.
Cc: County Administrator wlo documents
County Attorney
Finance
File ./
Turn Kev Events Aqreement
This AGREEMENT dated the 2V t1ay of 1/ ~ V. 2002, is entered into by and between
the BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY, hereinafter "County,"
on behalf of the TOURIST DEVELOPMENT COUNCIL, hereinafter "TDC" and Super Boat
International Productions, Inc., hereinafter "Super Boat International Productions, Inc.".
WHEREAS, the BOCC finds it in the best interest of the County to promote tourism by
entering into this agreement,
NOW, THEREFORE, and in consideration of the mutual covenants, contained herein
the parties agree as follows:
1. The BOCC agrees to pay $59,000 (Fifty Nine Thousand Dollars) for the City of
Marathon Super Boat Grand Prix 2003 on June 13 - 15, 2003, from tourist development tax
funds provided Event sponsor meets all of its obligations under this agreement.
2. Scope of Services: Super Boat International Productions, Inc. agrees to provide
the County with an event as follows:
a. Events to include but not limited to: Boats on display, practice, launchings, wet
pits, receptions, National Race - Superboat; Superboat Vee; Superboat
Unlimited; Superboat Vee Limited; Superboat Limited; Super Stock;
Manufacturer 1; Manufacturer 2; Divisional Classes P1, P2, P3, P4, P5; and
Awards Ceromony.
b. Aired National Television Program of the 2003 Marathon Offshore Challenge
Race.
3. Payment: Upon receipt from Event Sponsor of documentation, reviewed and
verified by the Tourist Development Council (TDC) Administrative Office, proving that event
has been produced and promoted through print advertising, news releases, and the required
insurance was obtained no less than twenty days prior to the event, BOCC shall pay $59,000.
Monroe County's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the BOCC.
4. Accounting: Financial records of Super Boat International Productions, Inc.
pertaining to this project shall be kept on generally recognized accounting principles and shall
be available to the BOCC or to an authorized representative for audit. Records shall be
retained a minimum of three years after contract has been performed.
Super Boat International Productions, Inc.
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5. Modification: Any changes to this contract may be made only by written mutual
agreement, recommended by the TDC and approved by the BOCC.
6. Termination: This Agreement will be terminated on September 30, 2003. All
invoices must be submitted prior to September 30, 2003.
7. Non Occurrence of Event: Super Boat International Productions, Inc. 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 including title
and stated affiliation.
8. Indemnification and Hold Harmless: Super Boat International Productions, Inc.
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 attorney's fees) which arise out of, in connection with, or by reason of the event
sponsored by Super Boat International Productions, Inc.
9. Insurance Reauirements: Super Boat International Productions, Inc., as a pre-
requisite of the Special Event governed by this agreement, shall obtain, at its own expense,
insurance as specified in this section:
Super Boat International Productions, Inc. will not be permitted to commence work
associated with the Event (including pre-staging of personnel and material) until satisfactory
evidence of the required insurance has been furnished to the County as specified below.
Super Boat International Productions, Inc. shall maintain the required insurance throughout
the entire duration of the Special Event, and any extensions specified in any attached
schedules. Failure to comply with this provision shall release County of any obligation to
compensate event sponsor. Further, any material misstatement in the application for
insurance coverage shall release County from its obligations to pay under this agreement.
Super Boat International Productions, Inc. shall provide, to the County, as satisfactory
evidence of the required insurance, including the insurance policy application and either:
* Original Certificate of Insurance
or
*
Certified copy of the actual insurance policy
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Super Boat International Productions, Inc.
An original certificate or 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. The Insurance
policy must state that the Monroe County BOCC and Monroe County TOC is the
Certificate Holder and additional Insured for this event. Insurance should be mailed to:
Monroe County Board of County Commissioners
C/O Risk Management
1100 Simonton Street
Room 2-277
Key West, FL 33040
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 Super Boat International Productions, Inc.ls insurance
shall not be construed as relieving Super Boat International Productions, Inc. from any liability
or obligation assumed under this contract or imposed by law.
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies.
Any deviations from these General Insurance Requirements must be requested in
writing on the County form titled "Request for Waiver of Insurance Requirements" and must be
approved by Monroe County Risk Management.
Super Boat International Productions, Inc. shall furnish the County with a certificate
evidencing the insurance required by this paragraph not later than twenty (20) days prior to the
event.
Prior to commencement of work governed by this contract, Super Boat International
Productions, Inc. shall obtain General Liability Insurance Coverage that shall be maintained
throughout the life of the contract 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
Super Boat International Productions, Inc.
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* $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.
10. Permits: Super Boat International Productions, Inc. will secure all required
permits, licenses including but not limited to occupational licenses.
11. Laws and Reoulations: Any and all services, materials and equipment shall
comply fully with all Local, State and Federal laws and regulations, and Super Boat
International Productions, Inc. agrees that the venue for any dispute concerning this
agreement shall be in Monroe County, Florida.
12. Taxes: The BOCC and TOC are exempt from Federal Excise and State of
Florida Sales Tax.
13. Finance Charqes: The BOCC and TOC will not be responsible for any finance
charges.
14. Relation of BOCC/TOC: It is the intent of the parties hereto that Super Boat
International Productions, Inc. shall be legally considered as an independent contractor and
that neither it nor its employees shall, under any circumstances, be considered servants or
agents of the BOCC and TOC, and the BOCC and TOC 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.
15. Disclosure: Super Boat International Productions, Inc. shall be required to list
any or all potential conflicts or interest, as defined by Florida Statute 112 and Monroe County
Code. Super Boat International Productions, Inc. shall disclose to the BOCC and TOC 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.
16. Assionment: Super Boat International Productions, Inc. shall not assign, transfer,
convey, sublet or otherwise dispose of this agreement, or of any or all of its right, title or
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Super Boat International Productions, Inc.
interest therein, or his or its power to execute such agreement to any person, company or
corporation without prior consent of the TOC and BOCC.
17. Compliance with laws - Nondiscrimination: Super Boat International Productions,
Inc. shall comply with all federal, state and local laws and ordinances applicable to the work or
payment for work thereof, and shall not discriminate on the grounds of race, color, religion,
sex, age, or national origin in the performance of work under this Agreement. This
Agreement shall be subject to all federal, state, and local laws and ordinances.
18. Security Protection: Super Boat International Productions, Inc. agrees to provide
adequate security for the event.
19. Ethics Clause: Super Boat International Productions, Inc. warrants that it has not
employed, retained or other wise had act on its behalf, any former County office 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.1 0-1990. For breach or violation of the provision the
County may, at its discretion terminate 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.
20. Media riqhts: The TOC shall have the right to broadcast, rebroadcast, use,
reproduce or transmit for any purpose whatsoever, radio, television, pictures, sound, film and
tape motion pictures and still photographs paid by the BOCC and TOC under this agreement.
21. Loqo: All promotional literature and display advertising with the exception of
generic advertising must display the "Florida Keys & Key West, Monroe County Tourist
Development Council Come As You Are" logo/trade mark (as per enclosed). This
logo/trade mark was adopted by the TOC and County in November 2000. No re-imbursement
will be provided to those entities utilizing the old logo/trade mark "Florida & Key West Come as
you are".
22. Seve ra bilitv: If any provision of this Agreement shall be held by a Court of
competent jurisdiction to be invalid or unenforceable, all 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.
23. Authoritv: Each of the signatories for the sponsor below certifies and warrants
that:
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Super Boat International Productions, Inc.
a) The sponsor's name in the agreement is the full name as designated in its corporate
charter, and b) they are empowered to act and execute agreement for the sponsors and c) this
agreement has been approved by the sponsor's Board of Directors.
24. Public Entitv Crimes: "A person or affiliate who has been placed on the
convicted vendor list following a conviction for public entity crime 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 a period of 36 months from the date of being
placed on the convicted vendor list".
25. Entire Aareement: The parties agree that the Agreement above constitutes the
entire agreement between the BOCC and Super Boat International Productions, Inc..
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and
year first above written.
Super Boat International Productions, Inc.
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.'~:~~Y L. KOLHAGE, Clerk
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BOARD OF COUNTY COMMISSIONERS
OF MONROE CO Y, FLORIDA
By
Mayor/Chairman
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Super Boat International Productions, Inc.
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