Item E02
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: MARCH 22,2001
Division: TDC
Bulk Item: Yes XXX No
-
Department:
N/A
AGENDA ITEM WORDING:
Approval of a Turnkey Funding Agreement with Super Boat International,
Inc. for the Key West Super Boat World Championship Race on November
4 - 10, 2001 in an amount not to exceed $52,000, DAC I, Event Resources,
FY 2001.
ITEM BACKGROUND:
TDC approved same at their meeting of July 19, 2000.
PREVIOUS RELEVANT BOCC ACTI'ON:
BOCC approved FY 2001 budget at their meeting of September 21,2000.
STAFF RECOMMENDATION:
Approval
TOTAL COST: $52,000 BUDGETED: YES
COST TO COUNTY: $52,OOOfTOURIST ~
APPROVED BY: County Attorney ~ 0 ' . urchasing~ Risk Managemen~R \
DIVISION APPROVAL: ~-'~~L L r
Lynda M. Stuart
(Type/print name)
To Follow:
DOCUMENTATION: Included:
x
Not Required
Agenda Item # ~~
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Super Boat International. Inc. Effective Date: 3/22/2001
Contract Purpose/Description: Approval of a Turnkey Funding Agreement with Super Boat
International. Inc. for the Key West Super Boat World Championship Race on November 4-10. 2001
in an amount no to exceed $52.000. DAC I. Event Resources. FY 2001.
Contract Manager: Maxine Pacini
(Name)
X3523
(Ext)
Tourist Development Council
(Department)
For BOCC meetinQ on 3/22/2001
AQenda Deadline:3/7/2001
Contract Costs
Total Dollar Values of Contract: $52.000 Current Year Portion: $
Budgeted? Yes -X- No Account Codes: 11575360530340 T15M 120X 530340
Grant: $
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $
(not included in dollar value above)
/yr. For:
(e.g. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
DATE IN CHANGES
NEEDED?
Yes No
REVIEWER
DA TE OUT
Division Director
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,
Risk Management
County Attort:ley
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~urdh~Sing
2- /2~/ () \ /' . Hutton
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(Final reviewer should return-contract to originator)
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Comments:
Turn Key Events Agreement
THIS AGREEMENT is entered into this day of , 2001, 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 $52,000 (Fifty Two Thousand Dollars) for Key
West Super Boat World Championship Race on November 4 - 10, 2001 from tourist
development tax funds provided Event sponsor meets all of its obligations under this
agreement.
2. Scope of Services: The Super Boat International Productions, Inc. agrees
to provide the County with an event as specified in the Scope of Services:
a). Events to include but not limited to: Boats on display, parade through city,
practice, launchings, wet pits, 'receptions, blessing of the fleet, boat parade out of
marina, World Championship Race - Class A, S, World Championship Race -
Superboat, Super Boat Limited, Super Vee, Super Vee Limited and Awards Ceremony.
b). Aired National Television Program of the 2001 Key West World
Championship Race by April 15, 2002.
3. Payment: Upon receipt from Event Sponsor of documentation, reviewed
and verified by the Tourist Development Council (TDC) Administrative Office, proving
that event has been produced and promoted through marketing literature, advertising
program/publication ads, television coverage, publicity and on-site advertising, and that
the required insurance was obtained no less than twenty days prior to the event, BOCC
shall pay $52,000.00.
Monroe County's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the BOCC.
4. Accounting: Financial records of Super Boat International Productions,
Inc. pertaining to this project shall be kept on generally recognized accounting
principles and shall be available to the BOCC or to an authorized representative for
audit. Records shall be retained a minimum of three years after contract has been
performed.
5. Modification: Any changes to this contract may be made only by written
mutual agreement, recommended by the TDC and approved by the BOCC.
1
Super Boat International Productions, Inc.
FY 2001 Funding
6. Termination: This Agreement will be terminated on April 15, 2002. All
invoices must be submitted prior to April 15, 2002.
7. Non Occurrence of Event: The Super Boat International Productions, Inc.
shall give written notice to the Monroe County Tourist Development Council if it is found
necessary to cancel an event. The notice shall contain the following specifics: 1)
reason for cancellation, 2) documentation of the reason for cancellation and 3) person
authorized to cancel including title and stated affiliation.
8. Indemnification and Hold Harmless: Super Boat International
Productions, Inc. agrees to indemnify and hold harmless Monroe County Board of
County Commissioners from any and all claims for bodily injury (including death),
personal injury, and property damage (including property owned by Monroe County)
and any other losses, damages, and expenses (including attorney's fees) which arise
out of, in connection with, or by reason of the event sponsored by Super Boat
International Productions, Inc.
9. Insurance 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 material) until
satisfactory evidence of the required insurance has been furnished to the county as
specified below. Super Boat International Productions, Inc. shall maintain the required
insurance 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
Super Boat International Productions, Inc.
FY 2001 Funding
An original certificate or a certified copy of any or all insurance policies required
by this contract shall be filed with the Clerk of the BOCC prior to the Event. The
Insurance policy must state that the Monroe County BOCC 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 thirty (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.
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)
3
Super Boat International Productions, Inc.
FY 2001 Funding
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 minimum of twelve (12) months following the acceptance 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 Insurance 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.
10. Permits: The Super Boat International Productions, Inc. will secure all
required permits, licenses including but not limited to occupational licenses.
11. 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.
12. Taxes: The BOCC and TDC are exempt from Federal Excise and State
of Florida Sales Tax.
13. Finance Charges: The BOCC and TDC will not be responsible for any
finance charges.
14. Relation of BOCCITDC: 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 BOeC 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.
15. 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, financial or
otherwise, direct or indirect, involving any client's interest which may conflict with the
interest of the BOCe and TDC.
4
Super Boat International Productions, Inc.
FY 2001 Funding
16. 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.
17. 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.
18. Security Protection: The Super Boat International Productions, Inc.
agrees to provide adequate security for the event.
19. Ethics Clause: Super Boat International Productions, Inc. warrants that it
has not employed, retained or 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 OJ employee.
20. 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.
21. 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).
22. 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.
5
Super Boat International Productions, Inc.
FY 2001 Funding
23. 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.
24. 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
a period of 36 months from the date of being placed on the convicted vendor list".
25. 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:
Super Boat International Productions, Inc.
By
President
(SEAL
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairman
6
Super Boat International Productions, Inc.
FY 2001 Funding
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