Item D11
U~T-~2-~3 12'~7 FROH,HCTDC
ID'30528S0?88
PAGE 1/2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MeetillgI}ate: Qc;TOaER 1,..20Q3. Division:__ m&
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Bulk Item: Y es ~ No
Department:__---.:..______
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APBA Offshore Worlds Power Boat Races on November 17-23, 2003 in an amount not to
exceed $85,000. OAC i, Third Penny Event Resources.
ITEM BACKGROUND:
The original contract provided for sanctioning of the above mention/3d event by American
Power Boat Association (APBA). APBA is no Jon!~er sanctioning the races. Due to time
constraints, TOC at thoir meeting of October 1. 2003 moved approval for District I Advisory
Committee to bring thE:ir recommendations directly to the SOCC. DAC I will be meeting at
10:00 a.m. November 9, 2003 at the Pier House Resort in Key West to discuss and bring
forward their recommE:ndations as soon as possible after their meeting in the form of a)
rescind contract; b) amel,d existing contract or c) rescind original conlract and bring forward
a new contract.
I. .
\/.,
PREVIOUS REVELANT BOCC ACTION:
BOCCapproved originill contract at their meeting of December 18, 2002.
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CONTRACT/AGUEMENT CHANGES:
Waiting upon the Oistril:t I Advisory Committee recornmendation.
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STAFF RECOMMENDATIONS:
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TOTAL COST: $85.000 BUDGETED: Yes _X_ No
COST TO COUNTY:.Jj85.000
REVENUE PRODUCING: Yes X- No
~..
SOURCE OF FUNDS: IDe
AMOUNT PER MONTH
Yt:ar
APPROVED BY: C",,"ty Any _ OMBIPurchaslIlg ~Mlmagemcnt _
DIVISION DIRECTOR APPROVAL: ~~~ /~~~
(Lynda Stuan)
DOCUMENTATION:
Included
To Follow ~_ Not Required___
AGENDAITEM#:2)//
~:
DIS.POSITION;
~
Revised 2/27/01
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OCT-02-03 12,08 FROH,HCTOC
10,3052960788
PAGE 2/2
AGENDA ITEM WITH LATE DOCUMENTATION
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DEPARTMENT:
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SU BJECT: The oriqinal contract provided for
sanctioning of the above mentioned even1 by American
Power Boat Association (APBA). APBA is no longer
sanctioning the races. Duc~ to time constraints, TOe at
their meeting of October 1, 2003 moved approval for
Di$trict I Advisory Cl)mmitt~e to bring their
recommendations directly to the BOCC. DAe I will be
meeting at 10:00 a.m. November 9. 2003 at the Pier
House Resort in Key West to discuss and bring forward
thE:ir recommendations as soon as possible after their
me:eting in the form of a) rescind contrclct; b) amend
existing contract or c) rescind original contract and bring
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DATE ITEM WILL BE AVAILABLE: 10/14/0:1
(We will attempt to get this item to you bef~>n: this date ifpossible)
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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
OCTOBER 15.2003
Division:
TDC
Bulk Item: Y es ~ No
Department:
AGENDA ITEM WORDING:
Consideration and Action re: contract with Key West Investment Syndicate, Inc. for the
APBA Offshore Worlds Power Boat Races on November 17-23, 2003 in an amount not to
exceed $85,000, DAC I, Third Penny Event Resources.
ITEM BACKGROUND:
The original contract provided for sanctioning of the above mentioned event by American
Power Boat Association (APBA). APBA is no longer sanctioning the races. Due to time
constraints, TDC at their meeting of October 1, 2003 moved approval for District I Advisory
Committee to bring their recommendations directly to the BOCC. DAC I will be meeting at
10:00 a.m. November 9, 2003 at the Pier House Resort in Key West to discuss and bring
forward their recommendations as soon as possible after their meeting in the form of a)
rescind contract; b) amend existing contract or' c) rescind original contract and bring forward
a new contract.
PREVIOUS REVELANT BOCC ACTION:
BOCC approved original contract at their meeting of December 18, 2002.
CONTRACT/AGREEMENT CHANGES:
Waiting upon the District I Advisory Committee recommendation.
STAFF RECOMMENDATIONS:
TOTAL COST: $85.000
BUDGETED: Yes ~ No
COST TO COUNTY: $85.000
SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes X- No
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty _
OMBlPurchasing ----L"'" Management
.~'---- ~a-
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(Lynda Stuart)
/--..
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included L
To Follow " Not Required_
AGENDA ITEM #' DJ /
DISPOSITION:
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Key West Investment Contract #_
Syndicate, Inc. Effective Date: 10/15/03
Expiration Date:
Contract PurposelDescription:
Approval of an Amendment to Agreement with Key West Investment Syndicate.
Inc. to revise Scope of Services and delete reference to APBA (American Power
Boat Association).
Contract Manager: Maxine Pacini 3523 TDC # 3
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 10/15/03 Agenda Deadline: 9/30/03
CONTRACT COSTS
Total Dollar Value of Contract: $ 85,000
Budgeted? Yesl:8J No D Account Codes:
Grant: $
County Match: $
Current Year Portion: $
115-75360-530340- T35M-424Y -530340
- - - -
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
- -
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CONTRACT REVIEW
Changes
~t;;A; Needed
Division Director /0 ~ 7 Y esD No~
Risk Management _ YesD NoD
Date Out
4Jt?tt'7::u/'
O.M.B./Purchasing _ YesD NoD
County Attorney ~u> YesD No~
S.Hutton
Comments:
OMB Form Revised 2/27/01 MCP #2
ADDENDUM TO AGREEMENT
This ADDENDUM to AGREEMENT, dated the_day of 2003, 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.".
WITNESSETH
WHEREAS, there was an Agreement entered into on December 18, 2002,
between the parties, to provide an APBA Offshore Worlds Power Boat Race on
November 17-23, 2003, from tourist development tax funds; and
WHEREAS, the entity licensed to issue APBA sanctions for races has
announced that it will not sanction the Key West race in November, 2003; and
WHEREAS, it has been determined that the race continues to have value to
tourism notwithstanding the absence of APBA sanctioning; and
WHEREAS, it is deemed in the best interest of promoting tourism in the Key
West area to amend the agreement to reflect the changed conditions and
understandings of the parties;
NOW, THEREFOREr-in consideration of the mutual covenants contained herein,
the parties agree to hereby amend the agreement entered into on December 18, 2002
as follows:
1. Paragraph 1 shall read "The BOCC agrees to pay $85,000 (Eighty-Five
Thousand Dollars) for the 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. Paragraph 2. Scope of Services shall read as follows: 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 with a total of at least fourty
(40) boats in all classes for a minimum of two (2) days in the Key
West Harbor; Racing for at least three classes, at least one of
1
which shall be in the "Super Cat" or "Super Vee" categories; Racers
Parties; testing Race Village; and awards ceremony; and
c) Aired National Television Program and pre-event advertising.
3. The remaining provisions of the contract dated December 18, 2002 shall remain
in full force and effect.
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
Board of County Commissioners of
Monroe County
Deputy Clerk
Mayor/Chairman
(CORPORATE SEAL)
Attest:
Key West Investment Syndicate, Inc.
Witness
President
2
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Turn Key Events Aoreement
fA D..'
This AGREEMENT dated the 1&/ day of €-L. 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,
BOCC 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 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 TOC and approved by the BOCC.
Key West Investment Syndicate, Inc. FY 2003
1
.'
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 Requirements: 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 sacc prior to the Event. The Insurance
policy must state that the Monroe County sacc 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
Key West Investment Syndicate, Inc. FY 2003
3
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 Reaulations: 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 soec and TDe are exempt from Federal Excise and State of
Florida Sales Tax.
13. Finance Charaes: The soec and TDC will not be responsible for any finance
charges.
14. Relation of SOeCITDC: It is the intent of the parties hereto that Key West
Investment Syndicate, I nc. 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 soce and TDC, and the soee and TDe 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 soec 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 sace and TDC.
16. Assianment: 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 SOCC.
Key West Investment Syndicate, Inc. FY 2003
4
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 riohts: 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 SOCC 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). This
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.
that:
23. Authority: Each of the signatories for the sponsor below certifies and warrants
Key West Investment Syndicate, Inc. FY 2003
5
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 Entitv 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 SOCC and Key West Investment Syndicate, Inc..
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and
year first above written.
(SEAL)
Attest:
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JK'~$t~<O~NNY L. KOLHAGE, Clerk
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By "~/~ ?n ~a,U
Mayor/Chairman
,). ZAN~EJ~ HUTTON
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Key West Investment Syndicate, Inc. FY 2003
7
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