Item D5
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: MARCH 17. 2004
Division:
TDC
\
Bulk Item: Y es ~ No
Department:
\
AGENDA ITEM WORDING:
Approval of a TurnKey Event Funding Agreement with the Upper Keys Community
Pool covering the Orange Bowl Swimming Event and Winter Training in an amount not
to exceed $15,000, DAC V, FY 2004 Event Resources.
ITEM BACKGROUND:
TOe approved same at their meeting of August 13, 2003.
PREVIOUS REVELANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
New Agreement
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $15.000
BUDGETED: Yes ----X- No
COST TO COUNTY: $15.000
SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes -X- No
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty -L O~MBlPurchasin lC _~sk ~;nent -L _
DIVISION DIRECTOR APPROVAL:
-
(Lynda Stuart)
DOCUMENTATION:
Included X
ToFollow_ NotRequired_
AGENDA ITEM # 1)5
DISPOSITION:
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Upper Keys Community Contract #_
Pool Effective Date: 3/17/04
Expiration Date:
Contract Purpose/Description:
Approval of a TurnKey Event Funding Agreement with the Upper Keys Community Pool
covering the Orange Bowl Swimming Event and Winter Training in an amount not to exceed
$15.000. DAC V. FY 2004 Event Resources.
Contract Manager: Maxine Pacini 3523 TDC#3
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 3/17/04 Agenda Deadline: 3/2/04
CONTRACT COSTS
Total Dollar Value of Contract: $ 15,000
Budgeted? YeslZl No 0 Account Codes:
Grant: $
County Match: $
Current Year Portion: $
121-71030-530340- T41 S-490-X-530340
- - - -
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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
j/lr"4'esNoeedNeod rn..----
Division Director (7-.., Vorl L:J ~
Risk Management ~'f YesONo~
O.M.B./Purchasing ~G1rYeSONo~
County Attorney * YesO No~
Comments:
Date Out
S.Hutton
OMB Form Revised 2/27/01 MCP #2
Turn Kev Events Aoreement
This AGREEMENT dated the day of 2004, is entered into by and
between the BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY,
hereinafter "County," on behalf of the TOURIST DEVELOPMENT COUNCIL,
hereinafter "TOe" and Upper Keys Community Pool, hereinafter "Upper Keys
Community Pool".
WHEREAS, the BOCC 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 BOCC agrees to pay $15,000 (Fifteen Thousand Dollars) for the
Orange Bowl Swimming Event and Winter Training to take place during December
2004 and January 2005 from tourist development tax funds provided Event sponsor
meets all of its obligations under this agreement.
2. Scooe of Services: Upper Keys Community Pool agrees to provide the
County with an event as specified in the Scope of Services;
1 . An intercollegiate swim meet with a minimum of six (6) participating
men and women's teams
2. Regional and National media marketing
3. Intercollegiate Marketing
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, news releases,
and the required insurance was obtained no less than twenty days prior to the event,
BOCC shall pay $15,000.
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 Upper Keys Community Pool 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.
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5. Modification: Any changes to this contract may be made only by written
mutual agreement, recommended by the TDC and approved by the BOCC.
6. Termination: This Agreement will be terminated on September 30,2005.
All Invoices must be submitted prior to September 30, 2005.
7. Non Occurrence of Event: Upper Keys Community Pool 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: Upper Keys Community Pool 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 Upper Keys Community Pool
9. Insurance Reouirements: Upper Keys Community Pool, as a pre-requisite
of the Special Event governed by this agreement, shall obtain, at its own expense,
insurance as specified in this section:
Upper Keys Community Pool 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. Upper Keys Community Pool 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. Upper Keys Community Pool shall provide, to the County, as
satisfactory evidence of the required insurance, including the insurance policy
application and either:
* Original Certificate of Insurance
or
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* 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
TDC Is the Certificate Holder and additional Insured for this event. Insurance
should be mailed to:
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 Upper Keys Community Pool's insurance shall
not be construed as relieving Upper Keys Community Pool 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.
Upper Keys Community Pool 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, Upper Keys
Community Pool 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:
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* $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.
10. Permits: Upper Keys Community Pool 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 Upper
Keys Community Pool 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 Charoes: 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 Upper
Keys Community Pool 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: Upper Keys Community Pool shall be required to list any or all
potential conflicts or interest, as defined by Florida Statute 112 and Monroe County
Code. Upper Keys Community Pool shall disclose to the BOCC and TDC all actual or
Orange Bowl
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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. Assionment: Upper Keys Community Pool 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. Comoliance with laws - Nondiscrimination: Upper Keys Community Pool
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: Upper Keys Community Pool agrees to provide
adequate security for the event.
19. Ethics Clause: Upper Keys Community Pool 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. Loao: 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. Radio
Advertising should read "Brought to you by the Monroe County Tourist Development
Council". No reimbursement or direct payment will be considered unless this logo/trade
mark is utilized.
21. 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
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not be affected thereby; and each provision of this Agreement shall be valid and
enforceable to the fullest extent permitted by law.
22. Authoritv: 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.
23. 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 IisF.
24. Force Maieure: The Upper Keys Community Pool shall not be liable for
delay in performance or failure to produce the event in whole or in part due to the
occurrence of any contingency beyond its control or the control, including war or act of
war whether an actual declaration thereof is made or not, act of terrorism impacting
travel in the United States, insurrection, riot or civil commotion, act of public enemy,
epidemic, quarantine restriction, storm, flood, drought or other act of God, act of nature
(including presence of endangered animal species which cannot be timely removed in a
safe manner) or any act of any governmental authority which prohibits the event to be
produced, in full or in part, as described and which the Upper Keys Community Pool
has exercised reasonable care in the prevention thereof. Any delay or failure due to the
causes stated shall not constitute a breach of the Agreement. Upon demand of TDC or
BOCC, the Upper Keys Community Pool must furnish evidence of the causes of such
delay or failure. BOCC shall not pay for any services or activities, promotional or
otherwise, connected with an event produced after the date(s) described in paragraph 1
and Scope of Services.
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25. Entire Aoreement: The parties agree that the Agreement above
constitutes the entire agreement between the BOCC and Upper Keys Community Pool.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the
day and year first above written.
(SEAL)
Attest:
Upper Keys Community Pool
By
President
(SEAL
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairman
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MCTG-3125 New Logo Slick L01