10/15/1997KING ORANGE FLOAT CO. CONTRACT
THIS AGREEMENT, made this/..5'��/Aday ofe�C j U 1997 by and betw&913Wa,dh r,
of County Commissioners, Monroe County, Florida, hereinafter referred to asg3bt.C.?
and Florida Floats & Events, Inc. d/b/a King Orange Float Co., hereinafter re*rVd to as--
K. 0. F. o
WITNESSETH: `+ 3 rn —
r" (.p 0
IN CONSIDERATION OF THE MUTUAL AGREEMENTS HEREIN CORTAINEDW a
the parties hereto agree as follows: ^�
1. Funding: The B.O.C.C. agrees to pay an amount of forty-nine thousand
dollars ($49,000.00) for a 1997-98 Parade Float which will be utilized in the nationally -
televised section of the Orange Bowl Parade (12/31/97), in Miami, the Tampa
Gasparilla Parade (2/98), the Fort Myers Edison Pageant of Light Parade (2/98), the
Plant City Strawberry Festival Parade (3/98), the St. Petersburg Festival of Light
Parade (4/98), the Bradenton Heritage Parade (4/98) and the Key West Fantasy Fest
Parade (10/97, which will utilize the 1996-97 float). B.O.C.C. shall pay the $7,000.00
parade entry fee directly to the Orange Bowl Committee in addition to the compensation
of $49,000.00 to be paid to K.O.F. Monroe County's performance and obligation to pay
under this contract, is contingent upon an annual appropriation by the B.O.C.C.
2. Scope of Services: K.O.F. agrees to design, build, decorate and enter a
float on behalf of B.O.C.C. in the nationally -televised section of the Orange Bowl
Parade to be held December 31, 1997, in the City of Miami, State of Florida (the
"Parade"). The float will also be utilized in the Tampa Gasparilla Parade (2/98), the Fort
Myers Edison Pageant of Light Parade (2/98), the Plant City Strawberry Festival Parade
(3/98), the St. Petersburg Festival of Light Parade (4/98) and the Bradenton Heritage
Parade (4/98). K.O.F. will also provide the 1996-97 float for the Key West Fantasy
Parade (10/97). K.O.F. agrees to complete the subject float in a good and workmanlike
manner, that its appearance and operating condition shall be of high quality, and to
drive and operate the same in the Parades. In its performance of the services
thereunder by K.O.F. and in the participation in the Parade by B.O.C.C., the parties
agree to abide by the provisions of the Orange Bowl Float Entry Manual which is
incorporated herein by this reference (the "Manual"). K.O.F. agrees to maintain the
Insurance on behalf of B.O.C.C. and to hold harmless and indemnify B.O.C.C. and its
directors, officers, employees and representatives in the same manner as it indemnifies
the Orange Bowl Committee, Inc. (the "Committee") under the applicable provisions of
the Manual, and for this purpose to designate B.O.C.C. as an additional insured under
its insurance as set forth in the Manual. K.O.F. agrees to operate the float in all
aspects of the Parade in strict conformance with the rules and regulations of the
Committee. Personnel and driver for the subject float shall be furnished at the expense
and shall be the responsibility of K.O.F.. K.O.F. agrees that in entering, displaying, and
operating said float in the Parade for B.O.C.C., they will observe the rules and
regulations of the Committee regarding such display and operation. K.O.F. agrees that
upon commencement of construction for the subject float, they will notify B.O.C.C. of
the location of such construction in order that representatives of B.O.C.C. may, at their
discretion, inspect the construction. In the event that K.O.F. moves the said float to a
second or third location, they agree to keep B.O.C.C. advised of all such changes of the
location of the construction site.
3. Advertising and Public Relations: All advertising and public relations
services or supervision of advertising and public relations will be provided through the
contracted agencies of the B.O.C.C.. The Monroe County Tourist Development
Council, through its public relations agency, Stuart Newman Associates, shall have
approval of the 1998 float's theme and design. Any changes or alterations must be
approved by Stuart Newman Associates before execution.
4. Payment: Payments to K.O.F. shall be made only upon presentation of
an invoice which shall indicate the task for which payment is sought, with proper
documentation attached; and upon completion of services with said event which shall
be confirmed by Stuart Newman Associates.
All payments are specifically contingent upon availability of TDC funds.
Only acceptable expenses listed in the Monroe County Tourist Development Council
Operations Manual shall be paid.
B.O.C.C. shall pay K.O.F. in installments, as follows:
a.) Upon use of the 1996-97 float for the Key West Fantasy 1997 Parade,
$3,000.00;
b.) Upon completion of the chassis of the float of the 1997-98 float,
$21, 500.00;
c.) Upon operation and the telecast of the 1997-1998 float in the Orange
Bowl Parade on 12/31/97, $19,500.00;
d.) Upon operation of the 1997-1998 float in each remaining parade listed
in paragraph 1, the sum of $1,000.00 per parade.
5. Records: K.O.F. shall maintain adequate and complete records to justify
all charges, expenses and costs of this project shall be kept on generally recognized
accounting principles. Said records shall be made available to the B.O.C.C. or to an
authorized representative for audit upon request and shall be maintained for at least
three (3) years after completion of this Agreement.
6. Modification: Additions to, modifications to, or deletions from the Scope
of Services set forth in this contract may be made only by written mutual agreement,
recommended by the TDC and approved by the B.O.C.C..
7. Breach and Penalties: The parties agree to full performance of the
covenants contained in this contract, and the B.O.C.C. reserves the right at its
discretion, provided such breach is material to terminate the services in this contract for
any misfeasance, malfeasance, or nonperformance of the contract terms or negligent
performance of the contract terms by K.O.F..
8. Termination: 120 days after the date of the event, the contract will be
terminated. All invoices must be submitted within the 120 day period.
9. Non -Occurrence of Event: If either float is not entered in any parade as
specified herein for any reason under control of K.O.F. except for those reasons in
paragraph 20, then payment will -be reduced as following:
a.) 1996-1997 float not used in Fantasy Fest - a reduction of $3,000.00
b.) 1997-1998 float not completed or not used in Orange Bowl Parade
(12/31/97) - a reduction of $41,000.00
c.) 1997-1998 float not placed in remaining parades - a reduction of
$1,000.00 per parade.
K.O.F. shall give written notice to the Monroe County Tourist
Development Council if said event is canceled. The notice shall contain the following
specifics: 1) reason for cancellation, 2) substantiation of the reason for cancellation
and 3) person authorized to cancel including title and stated affiliation. Notice shall be
provided to the TDC Administrative Office, 3406 North Roosevelt Blvd., Key West
Florida, 33040.
10. Indemnification and Hold Harmless: K.O.F. covenants and agrees to
indemnify and hold harmless Monroe County Board of County Commissioners, and its
contracted agents (i.e. Stuart Newman Associates) from any and all claims for bodily
(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 services provided, event
sponsored, or other activities and funding associated with this agreement.
11. Insurance Requirements: As per attachment A.
12. Permits: K.O.F. will secure all required permits, licenses including but not
limited to occupational licenses.
13. Laws and Regulations: It shall be understood and agreed that any and all
services, materials and equipment shall comply fully with all Local, State and Federal
laws and regulations.
14. Taxes: The B.O.C.C. and TDC are exempt from Federal Excise and State
of Florida Sales Tax.
15. Finance Charges: The B.O.C.C. and TDC will not be responsible for any
finance charges.
16. Relation of B.O.C.C.: It is the intent of the parties hereto that Provider
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
B.O.C.C. and the B.O.C.C. shall at no time be legally responsible for any negligence on
the part of said successful proposer, its employees or agents, resulting in either bodily
or personal injury or property damage to any individual, firm, or corporation.
17. Disclosure: K.O.F. shall be required to list any or all potential conflicts or
interest, as defined by Florida Statute 112 and Monroe County Ethics Ordinance.
K.O.F. shall disclose to the B.O.C.C./TDC 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 B.O.C.C..
18. Assignment: K.O.F. shall not assign, transfer, convey, sublet or otherwise
dispose of this proposal, or of any or all of its right, title'or interest therein, or his or its
power to execute such contract to any person, company or corporation without prior
consent of the B.O.C.C., not to be unreasonably withheld.
19. Compliance with laws - Nondiscrimination: K.O.F. 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.
20. Force Majeure: K.O.F. shall not be liable for delay in performance or
failure to perform, in whole or in part, the services due to the occurrence of any
contingency beyond its control or the control of any of its subcontractors or suppliers,
including labor dispute, strike, labor shortage, war or act of war whether an actual
declaration thereof is made or not, insurrection, sabotage, riot or civil commotion, act of
public enemy, epidemic, quarantine restriction, accident, fire explosion, storm, flood,
drought or other act of God, act of any governmental authority, jurisdictional action, or
insufficient supply of fuel, electricity, or materials or suppliers, or technical failure where
K.O.F. has exercised reasonable care in the prevention thereof, and any such delay or
failure shall not constitute a breach of the Agreement. Upon demand of TDC, K.O.F.
must furnish evidence of the causes of such delay or failure. K.O.F. shall not resume
its performance hereunder unless provided for in the Scope of Services.
21. Governing LawNenue: This Agreement shall be governed and construed
by and in accordance with the laws of the State of Florida and constitutes the entire
agreement between the B.O.C.C. and K.O.F. The venue for any action will be in
Monroe County.
22. Ownership: All advertising and promotion work performed under the
contract and paid for by the B.O.C.C. and TDC shall be the property of the B.O.C.C.
and TDC, for whatever use and/or disposition the B.O.C.C. and TDC may deem
appropriate, except that the Float shall be returned to K.O.F. immediately after the
production of the last Parade in April 1998, and the materials used for decoration
purposes shall remain the property of K.O.F..
23. Media Rights: The TDC 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 B.O.C.C./TDC
under this contract.
24. Logo: All promotional literature and display advertising with the exception
of generic advertising must display the Florida Keys & Key West logo/trade mark.
25. Severability: If any provision of this Agreement shall be held by a Court of
competent jurisdiction to be invalid or unenforceable, shall not be affected there; and
each provision of this Agreement shall be valid and enforceable to the fullest extent
permitted by law.
26. 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 contract for the sponsors and
c) this agreement has been approved by the sponsor's Board of Directors.
27. Ethics Clause: K.O.F. warrants that he/it has not employed retained or
otherwise had act on his/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. 10-1990. For breach or violation of the provision the
COUNTY may, at its discretion, deduct from the contract or purchase price, or
otherwise to the former or present COUNTY officer or employee.
28. Public Entity Crime Statement: "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 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."
IN WITNESS WHEREOF, the parties hereto have executed this
agreement the day and year first above written.
PENNY M. FISGALINI
(SEAL)-,-,, STATE OF WASHINGTON
NOTARY--•— PUBLiC
a } ,' YY COMMISSION EXPIRES 7-18-98
(SE�4L�
J
Attest: DANNY L. KOLIIAM Clerk
Approved as to form & legal sufficiency:
Date: 10 3 h 7
—T
Florida Floats & Events, Inc.
d/b/a King Orange Float Co.
By.
Monroe Copunty Board of County
Commisstonw
By:
Mai
RISK yLA-NAGE-MENT - _T
POLICY AND PROCEDURES
CONTRACT ADLIvUNISTRaTION
INLkNUAL
General Insurance Requirements
fo r
Other Contractors and Subcontractors
As a pre -requisite of the work governed, or the goods supplied under this contract (including the
pre -staging of personnel and material), the Contractor shall obtain, at his/her own expense,
insurance as specified in any attached schedules, which are made part of this contract. The
Contractor will ensure that the insurance obtained will extend protection to all Subcontractors
engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to
obtain insurance consistent with the attached schedules.
The Contractor will not be permitted to commence work governed by this contract (including
pre -staging of personnel and material) until satisfactory evidence of the required insurance has
been Runished to the County as specified below. Delays in the commencement of work,
resulting from the failure of the Contractor to provide satisfactory evidence of the required
insurance, shall not extend deadlines specified in this contract and any penalties and failure to
perform assessments shall be imposed as if the work commenced on the specified date and time,
except for the Contractor's failure to provide satisfactory evidence.
The Contractor shall maintain the required insurance throughout the entire term of this contract
and any extensions specified in the attached schedules. Failure to comply with this provision
may result in the immediate suspension of all work until the required insurance has been
reinstated or replaced. Delays in the completion of work resulting from the failure of the
Contractor to maintain the required insurance shall not extend deadlines specified in this contract
and any penalties and failure to perform assessments shall be imposed as if the work had not
been suspended, except for the Contractor's failure to.maintain the required insurance.
The Contractor shall provide, to the County, as satisfactory evidence. of the required insurance,
either:
• Certificate of Insurance
or
• A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract.
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.
The acceptance and/or approval of the Contractoes insurance shall not be construed as relieving
the Contractor from any liability or obligation assumed under this contract or imposed by law.
Administration Instruction
#4709.2 14
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Workers' Compensation.
Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared form entitled "Request for Waiver of Insurance Requirements" and
approved by Monroe County Risk Management.
Administration Instruction
#47091 15
tyro t:attion
GENERAL LIABILITY '
INSURANCE REQUIREMENT'S
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor 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:
S 1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
S 500,000 per Person
S 1,000,000 per Occurrence
S 100,000 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. _
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above regiiirements.
G13
• s,�r
Administration L=cdon
#4709.2 56
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
` CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor,
prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be
maintained throughout the life of the contract and include, as a minimum, liability coverage for:
• Owned, Non -Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$1,000,000 per Occurrence
$ 100,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
VL3
Administration Instruction
83
#4709.2
-97 MON 13:27
M(ODUCER
MOCO TDC
FAX NO. 3052960788
913.432-4400 Tress CERTIFICATE IS BALTI) AS A MATTER OF WORM mn- ONLY AND
Haas and Wilkerson, Inc. �r�o
NFERS NO klc*m, UPONTHE tTItTIFICATE HOLDER>THIS C6RTItTCATE
PO Box 2946 E T O R�"' T OR ALTER THE CO Vf,.�r,E pFFpltpFU BY TLIE
Shawnee Mission, Ks 66201-2946
Floats and Events, Inc. dba
King Orange Float Company
1100 NW South River Dr
Miami FL 33138
WNFANY
A Fireman's Fund Ins. Co.
COMPANY
B 13ridgfield Employers
M
COVERAGE
P. 02
x�
DATE (MM;DDiTY,
11/13/97
Tan INDICATED,
� IE ('ERTIFY THAT TIIF. POLICIES OF IAEHL-jr. T RM Olt BELOW BANE BEEN ISSUED TO TIM INSURED NAMED ABOVE FOR THE POLICY PFJiIOD
aVDICA7 ED, NO IwrrtlYrANDINC ANY RBQ(IIAEMEYT. TERM Olt CO�IDITIUN OF ANY CONTRACT OR OTHER DOC'UMP.I.rr wrM RESPECT• To WHICH TMU
CF1 TIFICATE MAY BF. ISSUED OR MAY PERTAIN, TSE INSU AN(:35 AFFORDED BY THE rOLCtPS DESCRIBED 11PRFLN IS SUIUECTTO ALL THE TER1►LS,
EXCLEXIONS AND CONDITIONS OF SUCH PO1.IC►E$. LIMIT'S SHOWN MAY IIAVE BEFN REDUCED BY PAID B AM,
TR TYPE OFIMt7V NCE rOIdCY NUN(DER POLICY 9". POLICY EXF.
GEnFRwt_tisan Iry
IDA14(MMID011M DATE NMIDDITY) LIMA n A
-
A
Co?" GENERAL LIABILrrY
CLAIMS MADE ry _Vk
XXC80356025
5/i6/97
5/i6/9E
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PROD-cO11LF)OrAGG.
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FERS. & ADV. INI(1RY
EACH OCCURRENCE
DIRE DAAtAGE(O.e F-.,)
AVitmiesu, i LIABILITY
MED EXr(Aq we Pe —)
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ANY AUTO
ALL OOi'NED Arr1'OS
XXC80356025
5/16/97
5/16/98
BODILY INJURY
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DATE
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'
EXCESS LIABILITY
aIVEft N/A...,....�
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EACH ACCIDENT
AGGREGATE
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4/01/97
4/01/98
TsTAUroRY LIMrIB-
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DISEASI/.POUCY LIMIT
OFFICERS ARE: EXCL
OTHEA
DISEASE I A47i EMPL
DEJCRIITION OF OFERATIOMILO(:•TIOALVvptHCLFAlsPEciAi. ITEMS
The certificate holder is named as additional insured on Company A
Policy, but only with respects to liability arising out of the named
insureds operations. Such insurance is primary and noncontributing
with any insurance carried by the County,
SuOUI-D A -NY OF THE ABOVE DESCRIBED POLiCM Be CANCELLED BEFOR THE
Monroe County EXPIRATION DATE THEREOF, THE ISSUING COMPANY wILL ENDEAVOR TO
MAIL 10 DAYr Vn"TIEN NOTICT..'1') THE CERTIFICATE BOLDER NAMED To TILE
College Road LEFT, BUr FAn,I)RE TO KUL SUCH NnTICE SHALL IMPoAr NO OBLIGATION OR
Key West, FL 33M J LIABILITY OF ANY BIND UPON THE COMPANY, ITS AGENTS OR REMCsENrATIVF ,
t � HORIZED REPRF NIATIYE
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