Item E6E.6
County o� Monroe BOARD OF COUNTY COMMISSIONERS
lrl Mayor David Rice, District 4
T he Florida Keys Mayor Pro Tem Sylvia J. Murphy, District 5
P_ i ,: Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
February 21, 2018
Agenda Item Number: E.6
Agenda Item Summary #3841
BULK ITEM: Yes DEPARTMENT: Tourist Development Council
TIME APPROXIMATE: STAFF CONTACT: Ammie Machan (305) 296 -1552
N/A
AGENDA ITEM WORDING: Approval of an Amendment to Agreement with Upper Keys
Community Pool, Inc. for the Orange Bowl Winter Training and Swim Classic Turnkey Event to
revise scope of service for the event
ITEM BACKGROUND: Attached is a request from the Upper Keys Community Pool, Inc. to
revise their scope of services for the Orange Bowl Winter Training and Swim Classic due to issues
relating to Hurricane Irma.
DAC V approved same at their meeting of January 9, 2018
TDC approved same at their meeting of January 30, 2018
PREVIOUS RELEVANT BOCC ACTION: BOCC approved original agreement at their meeting
of October 18, 2016
CONTRACT /AGREEMENT CHANGES:
Amendment to Agreement
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Orange Bowl Request, Amendment and Original Agreement
FINANCIAL IMPACT:
Effective Date: October 18, 2016
Expiration Date: April 1, 2018
Total Dollar Value of Contract: $50,000
Total Cost to County: No Cost to County
Current Year Portion: $50,000
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E.6
Budgeted: Yes
Source of Funds: TDC
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No
Grant:
County Match:
Insurance Required: Yes
Additional Details:
If yes, amount:
REVIEWED BY:
Maxine Pacini
Completed
Christine Limbert
Completed
Budget and Finance
Completed
Maria Slavik
Completed
Kathy Peters
Completed
Board of County Commissioners
Pending
02/01/2018 4:00 PM
02/03/2018 11:48 AM
02/05/2018 9:10 AM
02/05/2018 9:22 AM
02/05/2018 9:27 AM
02/21/2018 9:00 AM
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Jacobs Aquatic Center
Home to the Orange Bowl Winter Training
and the Orange Bowl Swim Classic
E.6.a
o C:
• ' (305) 453 -SWIM
320 Laguna Avenue at Mile Marker 99.6
Mail; Post Office Box 1994, Key Largo, Florida 33037
To: Monroe County Tourist Development Council and DAC 5
Dear Council Members:
As a direct result of Hurricane Irma, the Upper Keys Community Pool and the
Orange Bowl Swim Classic and Winter Training respectfully requests a modification of
the Turnkey Event Agreement dated October, 14, 2016. The covenant requested for
change is:
Item 2. Scope Of Services, subtitle a) An intercollegiate swim meet with a
minimum of four (4) teams and (2) divisions: Winter Training (December through
Mid- January) to host approximately twelve (12) teams from two (2) divisions.
Additionally, a revision to the original application concerning "room nights"
estimates. With a reduction in teams participating, the estimated room nights are
now 560 "room nights" from Mid December, 2017 to mid January, 2018.
Respectfully submitted,
James J. Boilini. Chairman
12/17/17
www.lacobsaquaticcenter.org
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AMENDMENT (1 AMENDMENT) TO AGREEMENT
THIS AMENDMENT to Agreement dated the day of 2018, is
entered into by and between the Board of County Commissioners of Monroe County, a
political subdivision of the state of Florida (County), on behalf of the Tourist
Development Council, and Upper Keys Community Pool, Inc. (Event Contractor)
WHEREAS, there was an Agreement entered into on October 19, 2016 between
the parties, awarding $50,000 to Upper Keys Community Pool, Inc. for the Orange Bowl
Training and Swim Classic (Event) in December 2017 — January 2018
WHEREAS, it has become necessary to revise Paragraph 2 outlining Scope of
Services for the Event due to a reduction in the number of participants due to impacts
relating to Hurricane Irma; and
NOW, THEREFORE, in consideration of the mutual convents contained herein
the parties agree to the amended Agreement as follows:
1. Paragraph 2 of the Agreement shall be revised to read: Scope of Service: The
Event Contractor agrees to provide the County with an event as specified in the
Scope of Services below (Event):
a) An intercollegiate swim meet with a minimum of four (4) teams and two (2)
divisions: Winter Training (December through Mid — January) to host
approximately twelve (12) teams from two (2) divisions.
2. The remaining provisions of the Agreement dated October 19, 2016 remain in full
force and effect.
Amendment #1
Orange Bowl Training and Swim Classic
ID # 1843
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IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year
first above written.
(SEAL)
Attest: Kevin Madok, Clerk
Deputy Clerk
Upper Keys Community Pool, Inc.
B
Pr
Print Name
Date: 1
AND TWO WITNESSES
Print Name
Date: 1
Amendment #1
Orange Bowl Training and Swim Classic
ID # 1843
Board of County Commissioners
of Monroe County
Mayor /Chairman
MONROE COUNTY ATTORNEY
P �FOR. CHRISTIN WS
ASSISTANT CpUIVTy� N
TTO EY
DATE; � �_
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Date: I . I R /F
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Turnkey Event Agreement
THIS Agreement is made and entered into by and between Monroe County, Florida, a
political subdivision of the e of Flor` a C unty), and Upper Keys Community Pool, Inc.
(Event Contractor) on this Ir day of , 2018.
WITNESSETH: .,
In consideration of the mutual covenants contained herein the parties agree as follows:
1, Payment A Turnkey event shall be considered an all - inclusive event where the E
Event Contractor has financial responsibility for every facet of the production, promotion and a
management of the event. Payment under a contract for a Turnkey event will be made only c
after completion of the event and proof that the scope of services as described below in °
paragraph 2 has been completed. If a Turnkey event is delayed or canceled for any reason,
no payment shall be forthcoming, even if the Event Contractor has out -of- pocket expenses o
leading up to the actual event_ The Tourist Development Council (TDC), therefore, strongly
recommends that the Event Contractor purchase insurance that covers the cancellation or
delay of an event due to "force majeure' or unforeseen circumstances (see paragraph 8). E
The County agrees to pay $50,000 (Fifty Thousand Dollars — TDC District V Funding
Allocation) for. Orange Bowl Training and Swim Classic on December 2017- January
2018, from tourist development tax funds upon receipt of documentation from Event
Contractor, on or before the expiration date of agreement in paragraph 3, that they have met
its obligations under this agreement_ Said documentation shall also include samples of the
Event Contractor's marketing program as outlined in their application. Documentation
submitted by Event Contractor will be reviewed and verified by the Tourist Development
Council (TDC) Administrative Office, at which time, County shall pay the sum noted above.
Monroe County's performance and obligation to pay under this contract is contingent
upon an annual appropriation by the County_
2. Scope of Services The Event Contractor agrees to provide the County with an
event as specked in the Scope of Services below (Event);
a) A Intercollegiate swim meet with a minimum of six (6) teams and three (3) divisions,
Winter Training (December through Mid - January) to host approximately twelve (12) teams
from three (3) divisions.
3. Expiration of Agreement This agreement expires on April 1, 2018 unless the
date of the event is amended upon approval of the Advisory Committee and TDC Director and
the County shall not be obligated to pay for any services provided by Event Contractor under
this agreement if documentation as noted above is not received on or before this
reimbursement deadline date.
4. Modification The event name, time & date of the event and Schedule of
Activities may be amended upon written approval of the Advisory Committee and TDC
Event Name: Orange Bowl Training and Swim Classic
Turnkey Funding: FY 2017
ID #: 1843
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Director_ Any changes to said contract other than stated above require approval by the
Advisory Committee. TDC and the County_
5. Non Occurrence of Event: The Event Contractor shall give written notice to the
TDC if it is found necessary to cancel an event. The notice shall contain the reason for the
cancellation_
6_ Indemnification and Hold Harmless The Event Contractor covenants and agrees
to indemnify and hold harmless and defend Monroe County, its officers, employees and agents
including the TDC and Visit Florida Keys 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 services provided by Event Contractor, or other activities
and funding associated with this agreement, except those losses or damages caused by the
negligent or wrongful act or omission of County or its agents.
7_ Non - Waiver of Immunity Notwithstanding the provisions of Sec. 768.28, Florida
Statutes, the participation of the Event Contractor and the County in this Agreement and the
acquisition of any commercial liability insurance coverage, self - insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of immunity to the
extent of liability coverage, nor shall any contract entered into by the County be required to
contain any provision for waiver.
8. Claims and Venue Event Contractor agrees to notify County immediately of any
claims, suits or action made against the Event Contractor that is related to the activity under
this agreement, and will cooperate with County in the investigation arising as a result of any
action, suit or claim related to this agreement. Any legal proceedings arising out of this
agreement shall be in accordance with the laws of the State of Florida in the 16'" Judicial
Circuit for Monroe County; venue shall be in Monroe County, Florida.
9. Insurance Requirements Event Contractor as a pre- requisite of the Special
Event governed by this agreement shall obtain, at its own expense, insurance as specked in
this section. If a Turnkey event is delayed or canceled for any reason, no payment shall be
forthcoming, even if the Event Contractor has out -of- pocket expenses leading up to the actual
event. The TDC, therefore, strongly recommends that the Event Contractor purchase
insurance that covers the cancellation or delay of an event due to 'force majeure" or
unforeseen circumstances.
Event Contractor shall furnish the County with a certificate evidencing the
insurance required by this paragraph not later than twenty (20) days urior to the event
Event Contractor must have their insurance agency email the certificates of insurance
directly to Maria Slavik in the Monroe County Risk Management Department. Slavik-
MarianMonroeCounty- FL.Gov The email must state that this is a certificate for a TDC
event (state name of event as written within your contract) and should be forwarded to
Ammie Machan at the TDC administrative office. Your certificate must s to thilt the
Monroe County Board of County Commissioners is a "Certificate Holder" and_ that
Event Name: Orange Bowl Training and Swim Classic
Turnkey Funding: FY 2017
ID M. 1843
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Monroe County, its employees and officials will be included as "additional insured ". If
you or your insurance agency needs to speak with Maria Slavik regarding the insurance
requirements, she can be contacted by telephone at (305) 295 -3178, or by email at the
address stated above.
It is the Event Contractor's responsibility to confirm that the insurance has been
received and approved. You can do this by contacting Ammie Machan at AdminAsst &..fla-
keys.com or by calling (305) 296 -1552.
Event Contractor 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. Event Contractor 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 may
result in the immediate suspension of the Event until the required insurance has been
reinstated or replaced. Event Contractor shall provide, to the County, as satisfactory evidence
of the required insurance, either.
Original certificate of Insurance
or
Certified copy of the actual insurance policy
A certified copy of any or all insurance policies required by this contract shall be filed
with the Clerk of the County prior to the Event.
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 Event Contractor's insurance shall not be construed as
relieving Event Contractor from any liability or obligation assumed under this contract or
imposed by law.
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.
Prior to commencement of work governed by this contract, Event 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
Event Name: Orange Bowl Training and Swim Classic
Turnkey Funding: FY 2017
ID #: 1843
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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
` $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 a
minimum of twelve (12) months following the acceptance of work by the County. Recognizing 3
that the work governed by this contract involves the sales and/or distribution of alcoholic m
beverages, the Contractor's General Liability Insurance policy shall include Liquor Liability with
limits equal to those of the basic coverage.
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A separate Liquor Liability policy is acceptable if the coverage is not more restrictive
than the contractor's General Liability policy.
A Workers' Compensation insurance is required by Florida Statutes.
10. Permits The Event Contractor will secure all required permits, licenses and shall
pay all appropriate business taxes.
11. Laws and Regulations Any and all services, materials and equipment shall
comply fully with all Local, State and Federal laws and regulations.
12. Taxes The County and TDC are exempt from Federal Excise and State of
Florida Sales Tax, but this in no way exempts the Event Contractor from applicable Federal
and State taxes.
13. Finance Charges The County and TDC will not be responsible for any finance
charges.
14. Relation of Countv/TDC It is the intent of the parties hereto that the Event
Contractor 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 County
and TDC, and the County and TDC shall at no time be legally responsible for any negligence
on the part of said Event Contractor, its employees or agents, resulting in either bodily or
personal injury or property damage to any individual, firm or corporation.
15. Disclosure The Event Contractor shall be required to list any or all potential
conflicts of interest, as defined by Florida Statutes Chapter 112 and Monroe County Code.
The Event Contractor shall disclose to the County and 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 County and TDC.
Event Name: Orange Bowl Training and Swim Classic
Turnkey Funding: FY 2017
1D #: 1843
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16. Assignment The Event Contractor 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 TDC and County.
17. Compliance with Laws - Nondiscrimination The Event Contractor shall comply
with all Local, State and Federal laws, regulations 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 Local. State and Federal laws, regulations and ordinances.
18_ _Security Protection The Event Contractor agrees to provide adequate security
for the event,
19. Ethics Clause The Event Contractor warrants that it has not employed, retained
or otherwise had act on its behalf, any former County office or employee in violation of Section
2 of 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, 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 Rights The TDC shall have the right under this agreement to broadcast
or rebroadcast, for any purpose whatsoever, radio, television, sound, video or film production,
and still photographs, paid by the TDC and County, and produced by the TDC agencies of
record.
21. Logo Marketing promotions that display our logo must use the "The Florida
Keys — Key Largo" logottrademark (as per attached logo sample — Exhibit A). Electronic
format (eps or jpg file) of the appropriate logo may be obtained by contacting Ashley Miller or
John Underwood with Tinsley Advertising at 305 -856 -6060.
22. Severability If any provision of this agreement shall be held by a court of
competent jurisdiction to be invalid or unenforceable, the 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. Authori : Each of the signatories for the Event Contractor below certifies and
warrants that: a) the Event Contractor's name in the agreement is the full name as designated
in its corporate charter, and b) they are empowered to act and execute the agreement for the
Event Contractor and c) this agreement has been approved by the Event Contractor's
governing board.
24. Public Entities 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
Event Name: Orange Bowl Training and Swim Classic
Turnkey Funding: FY 2017
ID #: 1843
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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. Governing LawNenue This agreement shall be governed by and construed in Y
accordance with the laws of the State of Florida applicable to contracts made and to be
performed entirely in the State. In the event that any cause of action or administrative
proceeding is instituted for the enforcement or interpretation of the agreement, the County and
Event Contractor agree that venue shall lie in the appropriate court or before the appropriate E
administrative body in Monroe County, Florida. This agreement shall not be subject to 3
arbitration. °
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26. Accounting and Records Event Contractor shall maintain records pursuant to
ly
generally accepted accounting principles for four (4) years after the event and shall permit o
County and its agents and employees access to said records at reasonable times.
27. Notice Any notice required or permitted under this agreement shall be in writing
and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned
receipt requested to the following:
For Grantee: Jim Boilini
Upper Keys Community Pool, Inc.
99696 Overseas Highway
Key Largo, FL 33037
For Grantor: Maxine Pacini
Monroe County Tourist Development Council
1201 White Street, Suite 102
Key West, FL 33040
And
Christine Limbert- Barrows, Asst. County Attorney
P.O. Box 1026
Key West, FL 33041 -1026
28. Breach and Penalties The parties agree to full performance of the covenants
contained in this agreement, and the County reserves the right at its discretion, provided such
breach is material, to terminate this agreement for any misfeasance, malfeasance or
nonperformance of the agreement terms or negligent performance of the agreement terms by
the Event Contractor.
29. Termination of Agreement County may terminate this agreement without cause
by providing written notice to Event Contractor, through its officer, agent or representative, no
Event Name: Orange Bowl Training and Swim Classic
Turnkey Funding: FY 2017
ID #: 1843
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less than sixty (60) days prior to the event and may terminate for breach upon providing to
Event Contractor, through its officer, agent or representative, written notice at least seven (7)
days prior to the effective date of the termination. Notice is deemed received by Event
Contractor when hand delivered, delivered by national courier with proof of delivery, or by U.S.
mall upon verified receipt or upon the date of refusal or non - acceptance of delivery.
L! ryf$ 5 'J
Board of County Commissioners
of Monroe County
Mayor /Ch rm
AND TWO WITNESSES
/ , >�
A� y
P rint _ Da
Date: PLQ2 ")WA 7 k A
L. ( 4 fiAJUE
Date:
Event Name: Orange SOYA Tralning and Swim Classic
Turkey Funding: FY 2017
10 M 1843 7 41,2A Icy
30. Miscellanea As used herein, the terms "contract" and "agreement" shall be
read interchangeably.
31. Entire Agrn The parties agree that the agreement above constitutes the
entire agreement between the County and Event Contractor.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year
first above written.
Heavilin, Clerk
Upper Keys Community Pool, Inc.
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EXHIBIT A
Color ads four (4) color processing printing
Black & white ads shall include the appropriate generic or district logo in high resolution
N: logo must appear at the conclusion of commercial Y
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Radio Advertising: No logo is required. All radio announcements must say "Brought to you
by the Monroe County Tourist Development Council." a
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Marketing promotions that display our logo must use the "The Florida Keys — Key Largo" 0,
logottrademark. Electronic format (eps or jpg file) of the appropriate logo may be obtained by i
contacting Ashley Miller or John Underwood with Tinsley Advertising at 305 - 856 -6060, o
Key
Keys
Event Name: Orange Bowl Training and Swim Classic
Turnkey Funding: FY 2017
ID #: 1643
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E.6.a
Turnkey Event A reement
THIS Agreement is made and entered into by and between Monroe County, Florida, a
political subdivision of the�e of Flor' a (C unty }, and Upper Keys Community Pool, Inc.
(Event Contractor) on this day of , 2016.
WITNESSETH:
In consideration of the mutual covenants contained herein the parties agree as follows:
1 _ Payment A Turnkey event shall be considered an all- inclusive event where the E
Event Contractor has financial responsibility for every facet of the production, promotion and a
management of the event. Payment under a contract for a Turnkey event will be made only c
after completion of the event and proof that the scope of services as described below in °
paragraph 2 has been completed. if a Turnkey event is delayed or canceled for any reason,
no payment shall be forthcoming, even if the Event Contractor has out -of- pocket expenses o
leading up to the actual event_ The Tourist Development Council (TDC), therefore, strongly
recommends that the Event Contractor purchase insurance that covers the cancellation or
delay of an event due to "force majeure" or unforeseen circumstances (see paragraph 8). E
The County agrees to pay $50,000 (Fifty Thousand Dollars — TDC District V Funding
Allocation) for Orange Bowl Training and Swim Classic on December 2017- January
2018, from tourist development tax funds upon receipt of documentation from Event
Contractor, on or before the expiration date of agreement in paragraph 3, that they have met
its obligations under this agreement. Said documentation shall also include samples of the
Event Contractor's marketing program as outlined in their application. Documentation
submitted by Event Contractor will be reviewed and verified by the Tourist Development
Council (TDC) Administrative Office, at which time, County shall pay the sum noted above.
Monroe County's performance and obligation to pay under this contract is contingent
upon an annual appropriation by the County.
2. Scope of Services The Event Contractor agrees to provide the County with an
event as specified in the Scope of Services below (Event):
a) A Intercollegiate swim meet with a minimum of six (6) teams and three (3) divisions;
Winter Training (December through Mid - January) to host approximately twelve (12) teams
from three (3) divisions.
3. Expiration of Agreement This agreement expires on April 1, 2018 unless the
date of the event is amended upon approval of the Advisory Committee and TDC Director and
the County shall not be obligated to pay for any services provided by Event Contractor under
this agreement if documentation as noted above is not received on or before this
reimbursement deadline date.
4. Modification The event name, time & date of the event and Schedule of
Activities may be amended upon written approval of the Advisory Committee and TDC
Event Name: Orange Bowl Training and Swim Classic
Turnkey Funding: FY 2017
ID #: 1843
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E.6.a
Director. Any changes to said contract other than stated above require approval by the
Advisory Committee, TDC and the County.
5, Non Occurrence of Event The Event Contractor shall give written notice to the
TDC if it is found necessary to cancel an event. The notice shall contain the reason for the
cancellation,
6. Indemnification and Hold Harmless The Event Contractor covenants and agrees Y
to indemnify and hold harmless and defend Monroe County, its officers, employees and agents
including the TDC and Visit Florida Keys from any and all claims for bodily injury (including -�
death), personal injury and property damage (including property owned by Monroe County) a
and any other losses, damages and expenses (including attorney's fees) which arise out of, in a
connection with, or by reason of the services provided by Event Contractor, or other activities 3
and funding associated with this agreement, except those losses or damages caused by the m
negligent or wrongful act or omission of County or its agents_
7_ Non - Waiver of Immune : Notwithstanding the provisions of Sec. 768.28, Florida o
Statutes, the participation of the Event Contractor and the County in this Agreement and the
acquisition of any commercial liability insurance coverage, self- insurance coverage, or local 0
government liability insurance pool coverage shall not be deemed a waiver of immunity to the
extent of liability coverage, nor shall any contract entered into by the County be required to a
contain any provision for waiver_
8, Claims and Venue Event Contractor agrees to notify County immediately of any
claims, suits or action made against the Event Contractor that is related to the activity under
this agreement, and will cooperate with County in the investigation arising as a result of any
action, suit or claim related to this agreement. Any legal proceedings arising out of this
agreement shall be in accordance with the laws of the State of Florida in the 16 Judicial
Circuit for Monroe County; venue shall be in Monroe County, Florida.
9. Insurance Re uirements: Event Contractor as a pre- requisite of the Special
Event governed by this agreement shall obtain, at its own expense, insurance as specified in
this section. If a Turnkey event is delayed or canceled for any reason, no payment shall be
forthcoming, even if the Event Contractor has out -of- pocket expenses leading up to the actual
event. The TDC, therefore, strongly recommends that the Event Contractor purchase
insurance that covers the cancellation or delay of an event due to "force majeure" or
unforeseen circumstances.
Event Contractor shall furnish the County with a certificate evidencing the
insurance required by this paragraph not later than twenty [201 days prior to the event
Event Contractor must have their insurance agency email the certificates of insurance
directly to Maria Slavik in the Monroe County Risk Management Department. Slavik-
Maria(c�MonroeCounty- FL..Gov — The email must state that this is a certificate for a TDC
event (state name of event as written within your contract) and should be forwarded to
Ammie Machan at the TDC administrative office. Your certificate must state that the
Monroe County Board of County Commissioners is a "Certific to Holder" and that
Event Name: Orange Bowl Training and Swim Classic
Turnkey Funding: FY 2017
ID #: 1843
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E.6.a
Monroe County, its employees and officials will be included as "additional insured ". If
you or your insurance agency needs to speak with Maria Slavik regarding the insurance
requirements, she can be contacted by telephone at (305) 295 -3178, or by email at the
address stated above.
It is the Event Contractor's responsibility to confirm that the insurance has been
received and approved_ You can do this by contacting Ammie Machan at AdminAsstCcD-fla-
keys.com or by calling (305) 296- 1552.
a
Event Contractor 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. Event Contractor shall a
maintain the required insurance throughout the entire duration of the Special Event and any 3
extensions specified in any attached schedules. Failure to comply with this provision may m
result in the immediate suspension of the Event until the required insurance has been
reinstated or replaced. Event Contractor shall provide, to the County, as satisfactory evidence i
of the required insurance, either: o
Original certificate of Insurance
or
Certified copy of the actual insurance policy
A certified copy of any or all insurance policies required by this contract shall be fled
with the Clerk of the County prior to the Event_
Ali 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 Event Contractor's insurance shall not be construed as
relieving Event Contractor from any liability or obligation assumed under this contract or
imposed by law.
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.
Prior to commencement of work governed by this contract, Event 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
Event Name: Orange Bowl Training and Swim Classic
Turnkey Funding: FY 2017
ID #: 1843
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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
•
$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 fled on or after the effective date of
this contract. In addition, the period for which claims may be reported should extend for a a
minimum of twelve (12) months following the acceptance of work by the County. Recognizing 3
that the work governed by this contract involves the sales and/or distribution of alcoholic m
beverages, the Contractor's General Liability Insurance policy shall include Liquor Liability with
limits equal to those of the basic coverage-
0
A separate Liquor Liability policy is acceptable if the coverage is not more restrictive
than the contractor's General Liability policy.
A Workers' Compensation insurance is required by Florida Statutes.
10. Permits The Event Contractor will secure all required permits, licenses and shall
pay all appropriate business taxes.
11. Laws and Regulations: Any and all services, materials and equipment shall
comply fully with all Local, State and Federal laws and regulations.
12. Taxes The County and TDC are exempt from Federal Excise and State of
Florida Sales Tax, but this in no way exempts the Event Contractor from applicable Federal
and State taxes.
13. Finance Charges The County and TDC will not be responsible for any finance
charges.
14. Rely of County/TDC It is the intent of the parties hereto that the Event
Contractor 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 County
and TDC, and the County and TDC shall at no time be legally responsible for any negligence
on the part of said Event Contractor, its employees or agents, resulting in either bodily or
personal injury or property damage to any individual, firm or corporation.
15. Disclosure The Event Contractor shall be required to list any or all potential
conflicts of interest, as defined by Florida Statutes Chapter 112 and Monroe County Code.
The Event Contractor shall disclose to the County and 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 County and TDC.
Event Name: Orange Bowl Training and Swim Classic
Turnkey Funding: FY 2017
ID #: 1843
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E.6.a
16. Assignment The Event Contractor 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 TDC and County.
17. Compliance with Laws - Nondiscrimination - The Event Contractor shall comply
with all Local, State and Federal laws, regulations 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 Local, State and Federal laws, regulations and ordinances.
18. Security Protection The Event Contractor agrees to provide adequate security
for the event.
19. Ethics Clause The Event Contractor warrants that it has not employed, retained
or otherwise had act on its behalf, any former County office or employee in violation of Section
2 of 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, 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 Rights The TDC shall have the right under this agreement to broadcast
or rebroadcast, for any purpose whatsoever, radio, television, sound, video or film production,
and still photographs, paid by the TDC and County, and produced by the TDC agencies of
record.
21. Lotto Marketing promotions that display our logo must use the "The Florida
Keys — Key Largo" logottrademark (as per attached logo sample — Exhibit A). Electronic
format (eps or jpg file) of the appropriate logo may be obtained by contacting Ashley Miller or
John Underwood with Tinsley Advertising at 305 -856 -6060.
22. Severabili : If any provision of this agreement shall be held by a court of
competent jurisdiction to be invalid or unenforceable, the 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. Authori : Each of the signatories for the Event Contractor below certifies and
warrants that: a) the Event Contractor's name in the agreement is the full name as designated
in iits corporate charter, and b) they are empowered to act and execute the agreement for the
Event Contractor and c) this agreement has been approved by the Event Contractors
governing board.
24. Public Entities 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
Event Name: Orange Bowl Training and Swim Classic
Turnkey Funding: FY 2017
ID #: 1843
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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. Governing LawNenue This agreement shall be governed by and construed in Y
accordance with the laws of the State of Florida applicable to contracts made and to be
performed entirely in the State. In the event that any cause of action or administrative E
proceeding is instituted for the enforcement or interpretation of the agreement, the County and
Event Contractor agree that venue shall lie in the appropriate court or before the appropriate E
administrative body in Monroe County, Florida. This agreement shall not be subject to 3
arbitration_ C
m
26. Accounting and Records Event Contractor shall maintain records pursuant to
ly
generally accepted accounting principles for four (4) years after the event and shall permit o
County and its agents and employees access to said records at reasonable times.
27. Notice Any notice required or permitted under this agreement shall be in writing
and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned
receipt requested to the following:
For Grantee: Jim Boilini
Upper Keys Community Pool, Inc.
99696 Overseas Highway
Key Largo, FL 33037
For Grantor: Maxine Pacini
Monroe County Tourist Development Council
1201 White Street, Suite 102
Key West, FL 33040
And
Christine Limbert- Barrows, Asst. County Attorney
P.O. Box 1026
Key West, FL 33041 -1026
28. Breach and Penalties The parties agree to full performance of the covenants
contained in this agreement, and the County reserves the right at its discretion, provided such
breach is material, to terminate this agreement for any misfeasance, malfeasance or
nonperformance of the agreement terms or negligent performance of the agreement terms by
the Event Contractor.
29. Termination of Agreement: County may terminate this agreement without cause
by providing written notice to Event Contractor, through its officer, agent or representative, no
Event Name: Orange Bowl Training and Swim Classic
Turnkey Funding: FY 2017
ID #: 1843
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less than sixty (60) days prior to the event and may terminate for breach upon providing to
Event Contractor, through Its officer, agent or representative, written notice at least seven (7)
days prior to the effective date of the termination. Notice Is deemed received by Event
Contractor when hand delivered, delivered by national courier with proof of delivery, or by U.S.
mail upon verified receipt or upon the date of refusal or non - acceptance of delivery.
30. Miscellaneous As used herein, the terms "contrail" and "agreement' shall be
read interchangeably.
W. Entire Agreement: The parties agree that the agreement above constitutes the
entire agreement between the County and Event Contractor.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year
first above written.
Heavilin, Clerk
Upper Keys Community Pool, Inc.
J S J , vr4 rN1
Print Name
Date: _ 8 ?
Board of County Cornmissioners
of Monroe County
MayorlCh rm
AND TWO WITNESSES
j
Print Nam --
Date: - _
lw .
Print Name: lf,kOY&
!a /
Date:
Event Name: Orange Bowl Training and Swim Classic �-
Turnkey Funding: FY 2017
ID #: 1843 7 4[.- ILU -
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EXHIBIT A
Color ads four (4) color processing printing
Black & white ads shall include the appropriate generic or district logo in high resolution
N: logo must appear at the conclusion of commercial Y
a
E
Radio Advertisina: No logo is required. All radio announcements must say "Brought to you
by the Monroe County Tourist Development Council." a
3
0
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Marketing promotions that display our logo must use the "The Florida Keys — Key Largo"
logottrademark. Electronic format (eps or ypg file) of the appropriate logo may be obtained by i
contacting Ashley Miller or John Underwood with Tinsley Advertising at 305 -856 -6060. o
Key
L h�e F�Keys
Event Name: Orange Bowl Training and Swim Classic
Tumkey Funding: FY 2017
ID #: 1843
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