Loading...
FY2000 03/16/2000 Agreement Jilannp 1L. itolbage BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATIfON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 CLERK OF THE CIRCUIT COURT MONROE COUNlY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MEMORANDUM DA TE: March 28, 2000 TO: Lynda Stuart, Office Manager Tourist Development Council A TIN: Maxine Pacini Administrative ASSl(;t' stant Pamela G. Hancock Deputy Clerk FROM: At the March 16, 2000, Board of County Commissioner's Meeting the Board approved and authorized execution of the following items: 1. Turn Key Agreement between Monroe County and Super Boat International Productions, Inc. covering Key West Super Boat World Championship Race on November 5-11, 2000 in an amount not to exceed $87,500.00, DAC I, FY 2000, Third Penny. 2. Amendment between Monroe County and Pigeon Key Foundation to develop an Amenity Center in an amount not to exceed $11,250.00, DAC III, FY 2000, Third Penny. 3. Agreement between Monroe County and Florida Keys Land & Sea Trust to create a "Watchable FL Keys Butterfly & Wildlife Garden" in an amount not to exceed $9,389.50, DAC III, FY 2000, Third Penny. 4. Agreement between Monroe County and Dolphin Research Center for installation of a compo sting toilet with privacy structure in an amc;mnt not to exceed $4,850.00, DAC III, FY 2000, Third Penny. 5. Turn Key Funding Agreement between Monroe County and Key West Tourist Development Association covering Fantasy Fest on October 20-29,2000 in an amount not to exceed $100,000.00, DAC I, FY 2000, Third Penny and $5,000.00, DAC II, FY 2000, Third Penny. 6. Resolution No. 133-2000 transferring funds. 7. Resolution No. 133A-2000 to provide advance registration for trade shows for the fiscal year 2001 be paid from Tourist Development Council funds in fiscal year 2000. Attached hereto are two duplicate originals of the above Agreements and Amendment, one for your return to the provider and the other for your departmental files. Also, attached are certified copies of the above Resolutions for your handling. Should you have any questions, please do not hesitate to contact this office. Cc: County Administrator w/o documents County Attorney Finance, %Kim Hanna File Turn Key Events Agreement THIS AGREEMENT is entered into this ,,1:1, day of ~, 2000, by and between BOARD OF COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA, (BOCC) and Super Boat International Productions, Inc.. NOW, THEREFORE, and in consideration of the mutual covenants, contained herein the parties agree as follows: 1. The BOCC agrees to pay ($87,500.00) Eighty Seven Thousand and Five Hundred Dollars for the Key West Super Boat World Championship Race covering November 5 - 11, 2000 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 Monroe County with an event that includes the following Scope of Services: a). Events to include but not limited to: Boats on display, parade through city, testing, launchings, wet pits, receptions, blessing of the fleet, boat parade out of marina, World Championship Race - Class A, B, C, S, World Championship Race - Superboat, Super Boat Limited, Super Vee, Modified, Pro 1 and Awards Ceremony. b). Aired National Television Program of the 2000 Key West World Champioship Race. 3. Payment: Upon receipt from Event Sponsor of documentation, reviewed and verified. by the Tourist Development Council (TDC) Administrative Oli e, proving that event has been produced and promoted through marketing literature d@rtiiltg 2! program/publication ads, television coverage, publicity and on-site advertis' ,~d!at~ the required insurance was obtained no less than twenty days prior to the ~~ BaFC"" ~__ 0 shall pay $87,500.00. ~ <5 -0 ::0 Monroe County's performance and obligation to pay under tnJifintrit i~ r- 'c., .. ("') contingent upon an annual appropriation by the BOCC. r. ~ '" E , en ~ 4. Accounting: Financial records of Super Boat International Rroductionf' 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. 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. Breach and Penalties: The parties agree to full perform~nce of the covenants contained in this agreement, and the BOCC reserves the right at its 1 discretion, provided such breach is material, to terminate the services in this agreement for any misfeasance, malfeasance, or nonperformance of the agreement terms or negligent performance of the agreement terms by Super Boat International Productions, Inc. 7. Termination: In order for event sponsor to be re-imbursed for expenditures, the invoices must be submitted no later than Wednesday, January 10, 2001. 8. Non Occurrence of Event: The Super Boat International ProdiJIctions, Inc. shall give written notice to th'e 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. 9. 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. 10. Insurance Requirements: 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 materiel) 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 through out 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 it's 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 2 An origtna~ 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 is the Certificate Holder and additional Insured. Insurance should be mailed to: Monroe County Board of County Commissioners' C/O Risk Management 5100 College Road Room 203 Stock Island 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 thirtly (30) days prior notification is given to the County by the insurer. Acceptance and/or approval' of Super Boat International Productions, Inc. 's 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, except for Worker's compensation. 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 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: 3 * $500,000.00 per Person * $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 acceptanc~ of work by the County. Recognizing that the work governed by this contract involves the sales and/or distribution of alcoholic beverages, the Contractor's General Liability Insunance policy shall include Liquor Liability with limits equal to those of the basic coverage. A separate Liquor Liability policy is acceptable if the coverage is not more restrictive that the contractor's General Liability policy. 11. Permits: The Super. Boat International Productions, Inc. will secure all required permits, licenses including but not limited to occupational licenses. 12. Laws and Regulations: 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. 13. Taxes: The BOCC and TDC are exempt from Federal Excise and State of Florida Sales Tax. 14. Finance Charges: The BOCC and TDC will not be responsible for any finance charges. 15. Relation of BOCCfTDC: It is the intent of the parties hereto that the 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 TDC, and the BOCC and TDC 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. 16. Disclosure: The 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. The Super Boat International Productions, Inc. shall disclose to the BOCC and TDC all actual or proposed conflicts of interest, ifinancial or otherwise, direct or indirect, involving any client's interest which may conflict with the interest of the BOCC and TDC. 4 17.. Assignment: The 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 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. 18. Compliance with laws - Nondiscrimination: The 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. 19. Security Protection: The Super Boat International Productions, Inc. agrees to provide adequate security for the event. 20. Ethics Clause: Super Boat International Productions, Inc. warrants that it has not employed, retained or otherwise had act on its behalf any former county officer of employee subject to the prohibition of Section 2 of Ordinance No 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020..1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former county officer or employee. 21. Ownership: All advertising and promotion work performed under the agreement and paid for by the BOCC and TOC shall be the property of the BOCC and TOC, for whatever use and/or disposition the BOCC and TOC may deem appropriate. 22. Media rights: 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. 23. Logo: All promotional literature and display advertising with the exception of generic advertising must display the Florida Keys and Key West logo/trade mark (as ~ per enclosed). 24. Severability: 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.o 5 25. . Authority: Each of the signatories for the sponsor below certifies and warrants that: 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. 26. Public Entity Climes: "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". 27. Entire Agreement: 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. (SEAL) Attest: &;;"~1F::::~,' ,"";.-" """"-'~"'l i,\',"'~'''i--.:.~ ~..:rt', s~..'" ~'..- .,'" ,.; "f~ ~~.~".I~~# ~.~\.~~..\ ~,._,;-\."'-~',. ~.',.,.,It "".,:"" \'e' """""".'",', ,:"',,.',,', "h, ,;,'(t:, . ',' At.'t, .' I " ,;,,~' i,":'\\:\\ ~S~: 2,)~t!~.~;;',,~~y L KOLHAGE, Clerk ~;~~,;~~' Super Boat International Productions, Inc. ~-~ --- B -, -.:;. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By~~-F~ 6 T~[ [lQRIDA [YS & [Y [ST ComE a~ .!Iou a'lE'" mH~!~~~~~~~rW[Sl T~[ [lORIDA K[YS & K[Y W[ST mHJJm~~~~W[Sl ComE a2- .!Iou a'lErn m [lgRloAKm & KfYwm ComE a;i !;IOU a"lE~ THE [lORIDA KEYS &KEYWEST T~HLORIDAKHS&KHW[ST eomE a:i. you a'lE~ - ComE "li you au" - TH[ [W~2~ ~~~l K~r~W[ST T~[ [~!~ ~~~l K~~W[ST TH[ [lQRIDA K[YS & K[Y W[ST T~[ f~E~~ ~~~l K~!~W[ST COmE a2.- !IOU a"lE™ TH[ nORIDA KHS & KH W[ST TH[ [W~2~ ~~Y~ K~~W[ST - ComE a2 !IOU a7E- - !I T~[ [~!~ ~~~l K~~W[ST TH[ [W~2~ K~~l K~r~W[ST T~HLQRIDAKHS&KHW[ST THE [lORIDA KEYS &KEYWEST ComE a" .!IOU au" COmE a:i. you a'lE~ THE [LQRIDA KEYS & KEY WEST m[[L:;~eK~~[~~[Sl THE [lORIDA KEYS &~EYWEST - c!omuu:;ouaU' - ComE a2- .!Iou a'lErn ISSUE DATE (MM/DD/YY) . CERTIFICATE OF INSURANCE 640965 11/01/00 - 0 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION K & K Insurance Group, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1712 Magnavox Way HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 2338 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Wayne, In 46801 COMPANIES AFFORDING COVERAGE INSURED COMPANY A TIG INSURANCE COMPANY SUPER BOAT INTERNATIONAL PRODUCTIONS IN ' LETTER D/B/A SBIP COMPANY B LETTER COMPANY C LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD IN- DICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDI- TIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, CO. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS (in thousands) LTR DATE (MMIDD/YY) DATE (MMIDD/YY) General Liability 12:01AM 12:01AM General Aggregate $ NONE A rn Commercial General Liability KSP3796550302 10/31/00 11/17/00 Products-Comp/Ops Aggregate $ 5000 o Claims Made ~ Occur, Personal & Advertising Injury $ 5000 DOwner's & Contractors Prot. Each Occurrence $ 5000 rn $50,000 ERRORS Fire Damage (Anyone fire) $ 300 & OMISSIONS Medical Expense (Anyone person) $ 5 Participant Legal Liability $ 5000 Automobile Liability Combined o Any auto 't'0 if c' Q" o~ ~- Single $ 'J;~~'m ". Limit o All owned autos Bodily o Scheduled autos Iniury v~_._- .__H \~ ~oT?- (per person) $ o Hired autos i' j llr Bodily o Non-owned autos " --,-~.-_...-' ,- . Injury $ / (per accident) o Garage Liability 'Ie-,:: ., Property 0 Damage $ Excess Liability Each 0 Occurrence Aggregate o Other than Umbrella form $ $ Workers' Compensation Statutory $ Each Accident and Employers' Liability $ Disease-Policy Limit $ Disease-Each Employee 12:01AM 12:01AM AD&D $ 10 A Participant KSP3796550302 10/31/00 11/17/00 Primarv Medical $ NONE Accident Excess Medical $ 10 Weekly Indemnity $ X NONE DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I RESTRICTIONS I SPECIAL ITEMS TYPE OF EVENT: FOUNTAIN KEY WEST SUPER BOAT WORLD CHAMPIONSHIP RACE LOCATION: ATLANTIC OCEAN OFF KEY WEST, FL SEE ATTACHED ADDENDUM CERTIFICATE HOLDER CANCELLATION MONROE COUNTY BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE C/O RISK MANAGEMENT CANCELLED BEFORE THE EXPIRATION DATE THER~~, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL _ DAYS 5100 COLLEGE RD. ROOM *203 WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE STOCK ISLAND, KEY WEST, FL 33040 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. " '"~o,." "/[.2- {<.?7 at ~- - 7/r./. SL 39 1-92 ADDENDUM POLICY NUMBER: KSP-3803281 000 ADDITIONAL INSUREDS: PER POLICY A. Any person or organization engaged in operating, managing, sanctioning, sponsoring the "covered program", or providing the "premises" for a "covered program", including officials of the "covered program" B. Any "participant", "competition vehicle" owner and "competition vehicle" sponsor. C. CITY OF KEY WEST PORT & TRANSIT; CITY KEY WEST & DEPT. OF NAVY; MONROE COUNTY; MONROE COUNTY BOCC; CITY OF KEY WEST; SH KEY WEST LTD; SLOPPY JOES; DIRTY HARRYS; HOGS BREATH SALOON; U.S. COAST GUARD; STUART NEWMAN & ASSOCIATE; MONROE COUNTY TOURIST DEVELOPMENT; U.s.A. DEPT. OF NAVY; ISLAND CITY FLYING SERVICE; DIAMOND P. SPORTS; FOUNTAIN POWERBOATS; MARKET SHARE CO.; COPELANDS, BUT ONLY AS RESPECTS TO THE OPERATIONS OF THE NAMED INSURED.