07/14/2004 Agreement Clot ofThe
Circuit Cowl Danny L Kolhage
Office(305)292-3550 Fax(305)295-3663
Memorandum
To: Dent Pierce, Director
Public Works Department
Attn: Miguel Carbonell, Coordinator
Parks&Recreation
From: Isabel C.DeSantis,Deputy Clerk
Date: Thursday, October 07,2004
At the BOCC meeting on July 14,2004, the Board approved the following item:
Facilities Use Agreement between Monroe County and Meghan Cole d/b/a Yoga
by the Sea for use of the Higgs Beach Platform.
Enclosed is a fully executed duplicate original of the subject document for your
handling. Should you have any questions concerning this matter, please do not hesitate to
contact this office.
Copies: Finance
County Attorney
File
Facilities Use Aareement
THIS AGREEMENT is entered into this 14 day of Julv ,2004 by and
between BOARD OF COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA, (BOCC)
and Meghan Cote d/b/a Yoga by the Sea, and whose address is PO Box 915, Key West, FI.
33041.
WHEREAS, Yoga by the Sea has been using the platform at Higgs Beach for the past
four years pursuant to an informal agreement; and
WHEREAS, it is desired to formalize said agreement and provide for modification during
the summer months;
NOW, THEREFORE, and in consideration of the mutual covenants, contained herein
the parties agree as follows:
1. The SOCC hereby licenses Meghan Cole d/b/a Yoga by the Sea (Hereafter "Yoga by
the Sea") to use the platform at Higgs Beach, Key West, Florida, on a month-to-
month basis, commencing May 1, 2004, and terminating upon either party giving
written notice of termination to the other, for or without cause, at least fifteen (15)
days in advance of the termination date.
2(a). For the period May 1, 2004 through October 31, 2004, and each May 1 through
October 31 thereafter, Yoga by the Sea shall pay to County a monthly fee of one
hundred twenty dollars ($120.00), for the use of said platform for three classes
per week each class not to exceed one and a half (1-1/2) hours. Commencing
November 1, 2004, Yoga by the Sea shall pay a monthly fee of four hundred
dollars ($400.00) for use of said platform for eleven classes per week.
(b). The Facilities Use Agreement/contract amount agreed to herein might be
adjusted annually in accordance with the percentage change in the Consumer
Price Index for all urban consumers (CPI-U) for the most recent 12 months
available.
3. Indemnification and Hold Harmless: Yoga by the Sea covenants and 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 Yoga by the Sea utilizing the property governed by this
Facilities Use Agreement. The extent of liability is in no way limited to, reduced, or
lessened by the insurance requirements contained elsewhere within this
agreement.
4.lnsurance Reouirements: Recognizing that the work governed by this contract
involves the provision of classes related to physical education for profit, Yoga by the
Sea shall purchase and maintain throughout the life of the contract, insurance
covering the activity specified in the contract.
The Monroe County Board of County Commissioners shaU be named as Additional Insured .
The minimum limits of liability shall be $300,000 per occurrence.
General Liabilitv: Prior to the commencement of work governed by this contract, Yoga by the
Sea shall obtain General Liability Insurance or provide proof of self-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 shaU be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 100,000 per Person
$ 300,000 per Occurrence
$ 50,000 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 requirements.
5. Permits: Yoga by the Sea will secure all required permits and licenses, including but
not limited to occupational licenses.
6. Independent Contractor: It is the intent of the parties hereto that Yoga by the Sea
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 the BOCC shall at no time be legally responsible for any negligence on
the part of said Yoga by the Sea, its employees or agents, resulting in either bodily
or personal injury or property damage to any individual, firm, or corporation.
7. Disclosure: Yoga by the Sea shall be required to list any or all potential conflicts or
interest, as defined by Florida Statute 112 and Monroe County Code. Yoga by the
Sea shall disclose to the BOCC and TOC all actual or proposed conflicts of interest,
2
financial or otherwise, direct or indirect, involving any client's interest which may
conflict with the interest of the BOCC and TOC.
8. Assianment: Yoga by the Sea 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 her
power to execute such agreement to any person, company or corporation without
prior consent of the BOCC.
9. Comoliance with laws - Nondiscrimination: Yoga by the Sea 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, gender identification, 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.
10. Governing LawNenue: This Agreement shaU be governed and construed by and
in accordance with the laws of the State of Florida and the County of Monroe and
Federal law. Venue for any dispute concerning this Agreement shall be in Monroe
County .
11. Severabilitv: 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.
12. Ethics Clause: Yoga by the Sea warrants that it has not employed, retained or
otherwise had act on its behalf, any former County officer 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, 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.
13. Public Entity 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 period of 36 months from the date of being
placed on the convicted vendor list."
3
14. Entire Aareement: The parties agree that the Agreement above constitutes the
entire agreement between the BOCC and Yoga by the Sea.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and
year first above written.
(SEAL)
By
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.Q,'J..jt:~
Oeputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIOA
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By '/.......... c:/
Mayor/Chairman
(SE:J\l.) II . .'
Attest: OA'NNYl...KOLHAGe: Clerk
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ACORD CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDlYYYY)
TM. 09/2412004
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
FITNESS AND WELLNESS INSURANCE AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
380 STEVENS AVENUE, SUllE 206 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
SOLANA BEACH CA 92075 .Ill '"'~ RV T1-I~ 0,... ,,.,e,, R~I .W
INSURERS AFFORDING COVERAGE NAIC#
Aaencv LiC#: 0028716
INSURED INSURER A: Steadfast Insurance Company
YOGA BY THE SEA INSURER B:
r.'EGHAN COLE INSURER c:
PO BOX 915
KEY WEST FL 33041 INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO lHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWllHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OlHER 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 CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
~i: ADD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
INSR DATE IMMIDDIVVl DATE IMMIDDIVVl
GENERAL LIABILITY EOL9012327 -40 02/28/04 02/28/05 EACH OCCURRENCE $ 2,000,000
- COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED
X $ 100,000
I CLAIMS MADe0 OCCUR MED. EXP (Anyone person) $ 2,500
A PERSONAL & ADV INJURY $ 2,000,000
-
GENERAL AGGREGATE $ 4,000,000
-
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG. $ 4,000,000
"Xl POLICY n PROJECT n LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
- (Ea accident) $
ANY AUTO
-
ALL OWNED AUTOS BODILY INJURY
- (Per person) $
SCHEDULED AUTOS
-
HIRED AUTOS BODILY INvlJRY
- $
NO N-O'M\lED AUTOS ~~ENT (Per accident)
- APP~ ^ J{ :::11
.. .',\
- Db, t ft ' P~~~:J';;'t?AMAGE $
GARAGE LIABILITY tJy . ~ \n vIi 'it AUTO ONLY - EAACCIDENT $
~ ANY AUTO DATE __. ~-"...._... OTHER THAN EA ACC $
~ .. AUTO ONLY: """ $
In, _, "UP, ,......".,,-~. , v- EACH OCCURRENCE $
::5ESS I UMBRELOIABILITY
OCCUR CLAIMS MADE AGGREGATE $
$
~ DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND I WC STATU- I I OTHER
EMPLOYERS' LIABILITY
E.L. EACH ACCIDENT $
ANY PROPRlETORIPARTNERlEXECUTIVE
OFFlCERlMEMBER EXCLUDED? E.L. DISEASE-EA EMPLOYEE $
If yes, describe under
SPECIAL PROVISIONS below E.L. DISEASE-POLICY LIMIT $
OTHER:
DESCRIPTION OF OPERAlIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BYENDORSEMENT/ SPECIAL PROVISIONS
CERTIFICATE HOLDER ADDED AS ADDITONAL INSURED ONLYAS THEIR INTERESlS MAY APPEAR RECEIVED
OCT 04 2004
ATTORNEY
',"'
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORET HE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10
MONROE COUNTY FACILITIES MAINTENENr.~ DAYS WRITTEN NOTICE TO lHE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE
ATTN: MGUEL MAINTENCE 1 RH..-r....17'T'\ , , T'S AGENTS OR REPRESENT ATIVES.
3583 S. ROOSEVELT BLVD. ' .-.....
KEY WEST FL 33040 4UTHORIZ D REPRESENTATIVE Jf:.t; F';C~O ~
" SEP ~J 0 20\
Attention: I ..Ml
ACORD 25 (2001/08) C - 0028716 @ ACORD CORPORATION 1988