Item D02
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: FEBRUARY 14,2002
Division: TDC
Bulk Item: Yes XXX
Department:
AGENDA ITEM WORDING:
Approval of an Agreement with Florida Keys Corvette Club covering the 9th
Annual Corvettes In Paradise Show on November 2nd, 2002 in an amount not to
exceed $5,000, DAC IV, FY 2002, Third Penny, Event Resources.
ITEM BACKGROUND:
TDC approved same at their meeting of July 25, 2001.
PREVIOUS REVELANT BOCC ACTION:
BOCC approved FY 2002 budget at their meeting of September 19, 2001.
CONTRACT/AGREEMENT CHANGES:
This is a new contract.
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $5,000 BUDGETED: YES
COST TO COUNTY:$5,000rrOURIST PAY
REVENUE PRODUCING: YES
AMOUNT PER MONTH_ Year X
'J
APPROVED BY: County Atty -X OMB/Purchasing X Risk Management Xv . ;" '
DIVISION DIRECTOR APPROVAL: ~v;rz~
(Lynda Stuart)
DOCUMENTATION:
Included X
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM # ~ r7-:J02-
Revised 2/27/0 I
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Florida Keys Corvette
Club
Contract #
Effective Date:
Expiration Date:
Contract Purpose/Description:
Approval of an Aoreement with Florida Kevs Corvette Club covering
the 9th Annual Corvettes In Paradise Show on November 2nd. 2002
in an amount not to exceed $5.000. DAC IV, FY 2002, Third Penny.
Event Resources.
Contract Manager: Maxine Pacini
(N ame)
3523
(Ext.)
TDC # 3
(DepartmenUStop #)
for BOCC meeting on
2/14/02
Agenda Deadline: 1/30/02
CONTRACT COSTS
Total Dollar Value of Contract: $ 5,000
Budgeted? Yes[g! No D Account Codes:
Grant: $
County Match: $
Current Year Portion: $
120-70030-530340- T20S-186X-530340
-
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- -
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ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes/ Date
Division Director pt/;zYe~[]'~~rn:<~/7'~~4 ~
, I . " , / 1'\ \+. ,!
Risk Managen:,ent / j! ') t'lYesD NoQ] U, p..J (\"~y'~'- \r'~J'''::~.. \_~ ",,' I '7 i (",'2.
O.MBJPu~J;sihg 'i I "'/U2.YcsD NOQ~rt:.~ CfJ .OL
County Attorney I j) ';; la.).. YesD No[LJ/' S.Hutton
Comments:
OMB Form Revised 2/27/01 Mer #2
Turn Key Events Aqreement
This AGREEMENT dated the day of 2002, is entered into by and between
the BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY, hereinafter "County,"
on behalf of the TOURIST DEVELOPMENT COUNCIL, hereinafter "TDC" and Florida Keys
Corvette Club, hereinafter" Florida Keys Corvette Club".
WHEREAS, the SOCC finds it in the best interest of the County to promote tourism by
entering into this agreement,
NOW, THEREFORE, and in consideration of the mutual covenants, contained herein
the parties agree as follows:
1. The SOCC agrees to pay $5,000 (Five Thousand, Dollars) for the 9th Annual
"Corvettes in Paradise" show on November 2, 2002 from tourist development tax funds
provided Event sponsor meets all of its obligations under this agreement.
2. Scope of Services: Florida Keys Corvette Club agrees to provide the County
with a Corvettes in Paradise show, with a minimum of services as described below:
a). Display of Corvettes
b). Special guest appearances
c). Novelty vendors
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 print advertising, television coverage and news
releases, and the required insurance was obtained no less than twenty days prior to the event,
BOCC shall pay $5,000.
Monroe County's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the BOCC.
4. Accountinq: Financial records of Florida Keys Corvette Club 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.
Corvettes In Paradise Show 2002
6. Termination: This Agreement will be terminated on January 2, 2003. All
invoices must be submitted prior to January 2, 2003.
7. Non Occurrence of Event: Florida Keys Corvette Club 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: Florida Keys Corvette Club 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
Florida Keys Corvette Club
9. Insurance Reauirements: Florida Keys Corvette Club, as a pre-requisite of the
Special Event governed by this agreement, shall obtain, at its own expense, insurance as
specified in this section:
Florida Keys Corvette Club 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. Florida Keys
Corvette Club 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 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. Florida Keys Corvette Club 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
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 sacc prior to the Event. The Insurance
policy must state that the Monroe County sacc and Monroe County TDC is the
Certificate Holder and additional Insured for this event. Insurance should be mailed to:
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Corvettes In Paradise Show 2002
Monroe County Board of County Commissioners
C/O Risk Management
1100 Simonton Street
Room 2-277
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 Florida Keys Corvette Club's insurance shall not be
construed as relieving Florida Keys Corvette Club 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.
Florida Keys Corvette Club 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, Florida Keys Corvette Club
shall obtain General Liability Insurance Coverage that shall be maintained throughout the life
of the contract and include, as a minimum:
* Premises Operations
* Products and Completed Operations
* Blanket contractual Liability
* Personal Injury Liability
* Expanded Definition of Property Damage
The minimum limits acceptable shall be:
* $1,000,000.00 combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
* $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.
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Corvettes In Paradise Show 2002
10. Permits: Florida Keys Corvette Club will take necessary steps to ensure that all
required permits, licenses including but not limited to occupational licenses are in place prior to
commencement of event.
11. Laws and Requlations: Any and all services, materials and equipment shall
comply fully with all Local, State and Federal laws and regulations, and Florida Keys Corvette
Club 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 Charqes: The BOCC and TDC will not be responsible for any finance
charges.
14. Relation of BOCC/TOC: It is the intent of the parties hereto that Florida Keys
Corvette Club shall be legally considered as an independent contractor and that neither it nor
its employees shall, under any circumstances, be considered servants or agents of the BOCC
and TDC, and the BOCC and TOC 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: Florida Keys Corvette Club shall be required to list any or all
potential conflicts or interest, as defined by Florida Statute 112 and Monroe County Code.
Florida Keys Corvette Club shall disclose to the BOCC and TOC 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 BOCC and TDC.
16. Assiqnment: Florida Keys Corvette Club 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 BOCC.
17. Compliance with laws - Nondiscrimination: Florida Keys Corvette Club 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
4
Corvettes In Paradise Show 2002
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: Florida Keys Corvette Club agrees to provide adequate
security for the event.
19. Ethics Clause: Florida Keys Corvette Club warrants that it has not employed,
retained or other wise 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.
20. Media riQhts: 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 BOCC and TDC under this agreement.
21. LOQo: All promotional literature and display advertising with the exception of
generic advertising ,must display the "Florida Keys & Key West, Monroe County Tourist
Development Council Come As You Are" logo/trade mark (as per enclosed). l"'his
logo/trade mark was adopted by the TDC and County in November 2000. No re-imbursement
will be provided to those entities utilizing the old logo/trade mark "Florida & Key West Come as
you are".
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.
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
5
Corvettes In Paradise Show 2002
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 Aareement: The parties agree that the Agreement above constitutes the
entire agreement between the BOCC and Florida Keys Corvette Club.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and
year first above written.
(SEAL)
Attest:
Florida Keys Corvette Club
By
President
(SEAL
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairman
:.r6'ffG"S. ;.jFifi'~.1l.
BY ~/l.ri!d--
c>'~su NNE/~I~~N.
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