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Item D3 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: DECEMBER 18.2002 Division: TDC Bulk Item: Yes ~ No Department: AGENDA ITEM WORDING: Approval of a TurnKey Funding Agreement with Key West Investment Syndicate, Inc. covering the APBA Offshore Worlds Power Boat Races on November 17-23, 2003 in an amount not to exceed $85,000. ITEM BACKGROUND: TOG approved same at their meeting of August 7, 2002. PREVIOUS REVELANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: This is a new Agreement STAFF RECOMMENDATIONS: Approval TOTAL COST: $85.000 BUDGETED: Yes -L No COST TO COUNTY: $85.000/TOURISTPAY REVENUE PRODUCING: Yes~ No AMOUNT PER MONTH_ Year APPROVED BY: County AttY-L O~:7t~ (Lynda Stuart) DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included X To Follow_ Not Required AGENDA ITEM # c::o( 3 DISPOSITION: Revised 2/27/0 I MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Key West Investment Syndicate, Inc. Contract # Effective Date: Expiration Date: 12/18/02 1/30/04 Contract Purpose/Description: Approval of a TurnKey Funding Agreement with Key West Investment Syndicate, Inc. covering the APBA Offshore Worlds Power Boat Races on November 17-23,2003 in an amount not to exceed $85,000. Contract Manager: Maxine Pacini (N ame) 3523 (Ext.) TDC # 3 (Department/Stop #) for BOCC meetin~ on 12/18/02 Agenda Deadline: 12/4/02 CONTRACT COSTS Total Dollar Value of Contract: $ 85,000 Budgeted? Yes[g/ No D Account Codes: Grant: $ County Match: $ Current Year Portion: $ 115-75360-530340-T35S-424)(-530340 - - --- - --- - --- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Division Director Changes 9..ate I.n. Needed ~V~ l- I tl6/o~ Y esD No~ .A\.A..t.U-V' (I ;'iIOd--YesONOB zuJL Date Out :~:~::::::ngl\I~I~2- :::~::~ (~\~~n It Risk Management t( I Comments: OMB Form Revised 2/27/01 Mep #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 Key West Investment Syndicate, Inc., hereinafter "Key West Investment Syndicate, Inc.". WHEREAS, the BOCC finds it in the best interest of the County to promote tourism by entering into this agreement, NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. The BOCC agrees to pay $85,000 (Eight Five Thousand Dollars) for the APBA Offshore Worlds Power Boat Races on November 17 - 23, 2003, from tourist development tax funds provided Event sponsor meets all of its obligations under this agreement. 2. Scope of Services: Key West Investment Syndicate, Inc. agrees to provide the County with an event as specified in the Scope of Services; a) Week of scheduled Power Boat Activities. b) Activities to include Power Boat Racing; Racing for multiple classes; Racers Parties; testing Race Village; and awards ceremony. c) Aired National Television Program. 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, SOCC shall pay $85,000. 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 Key West Investment Syndicate, Inc. pertaining to this project shall be kept on generally recognized accounting principles and shall be available to the BOCe 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 Key West Investment Syndicate, Inc. FY 2003 6. Termination: This Agreement will be terminated on January 30, 2004. All invoices must be submitted prior to January 30, 2004. 7. Non Occurrence of Event: Key West Investment Syndicate, 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: Key West Investment Syndicate, 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 Key West Investment Syndicate, Inc. 9. Insurance Reauirements: Key West Investment Syndicate, 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: Key West Investment Syndicate, 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. Key West Investment Syndicate, Inc. 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. Key West Investment Syndicate, 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 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 and Monroe County TOC is the Certificate Holder and additional Insured for this event. Insurance should be mailed to: Key West Investment Syndicate, Inc. FY 2003 2 Monroe County Board of County Commissioners C/O Risk Management 1100 Simonton Street 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 Key West Investment Syndicate, Inc. 's insurance shall not be construed as relieving Key West Investment Syndicate, 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, except Workers Compensation. 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. Key West Investment Syndicate, 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, Key West Investment Syndicate, Inc. 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 3 Key West Investment Syndicate, Inc. FY 2003 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. 10. Permits: Key West Investment Syndicate, Inc. will secure all required permits, licenses including but not limited to occupational licenses. 11. Laws and Requlations: Any and all services, materials and equipment shall comply fully with all Local, State and Federal laws and regulations, and Key West Investment Syndicate, 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 Charqes: The BOCC and TDC will not be responsible for any finance charges. 14. Relation of BOCC/TDC: It is the intent of the parties hereto that Key West Investment Syndicate, 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 BOCC 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: Key West Investment Syndicate, Inc. shall be required to list any or all potential conflicts or interest, as defined by Florida Statute 112 and Monroe County Code. Key West Investment Syndicate, 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 BOCC and TDC. 16. Assiqnment: Key West Investment Syndicate, 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 TDC and BOCC. 4 Key West Investment Syndicate, Inc. FY 2003 17. Compliance with laws - Nondiscrimination: Key West Investment Syndicate, 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: Key West Investment Syndicate, Inc. agrees to provide adequate security for the event. 19. Ethics Clause: Key West Investment Syndicate, Inc. warrants that it has not employed, retained or other wise had act on 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 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 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. 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). This logo/trade mark was adopted by the TOC 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: 5 Key West Investment Syndicate, Inc. FY 2003 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. Key West Investment Syndicate, Inc. FY 2003 6 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 Aqreement: The parties agree that the Agreement above constitutes the entire agreement between the BOCC and Key West Investment Syndicate, Inc.. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. (S EAL) Attest: Key West Investment Syndicate, Inc. By President (SEAL Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Deputy Clerk By Mayor/Chairman .'.) ZAN~;E~ HUTT.ON r,\-c, (ljo5'/t72- 7 Key West Investment Syndicate, Inc. FY 2003 TH[ flORIDA Kns & KH WJSr MONRO[ COUNTYTOURIST OmLOPM[NT COUNCIL C(J/tte a':7 Y(JU aTe,' TH[ flORIDA KHS & KH WfSr MONRO[ COUNTY TOURIST OmLOPMrNT COUNCIL C(J/tte a':7 '/tJu aTe,' TH[ flORIDA Kns & Kn WfST MONRO[ COUKIY TOURIST OmLOPMOO COUNCIL C(J/tte a':7 '/tJu aTe.' TH[ flORIDA Kns & KH W[ST MONRo[ COUNTYTOURIST OmLOPM[NT COUNCIL C(J/tte a':7 Y(JU aTe.' 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