Item E3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: MAY 18, 2005
Division:
TDC
Bulk Item: Yes -X- No
Depanment:
Staff Contact Person: Maxine Pacini
AGENDA ITEM WORDING:
Approval of a Destination Event Agreement with Marathon Hospitality Association, Inc. covering the
Hibiscus Pedel in Marathon on November 11-13, 2005 in an amount not to exceed $14,000, DAC III,
FY 2005 Event Resources.
ITEM BACKGROUND:
TDC approved same at their meeting of April 19,2005.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
New Agreement
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $14,000
BUDGETED: Yes
No
COST TO COUNTY: $14,000
SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Y es ~ No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty -X- OMB/Purchasing-K-
Risk Management ~
DIVISION DIRECTOR APPROVAL: /
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 2105
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SlJMMARY
Contract with: Marathon Hospitality Contract # -
Association, Inc. Effective Date: 5/18/05
Expiration Date:
Contract PurposelDescription:
Approval of a Destination Event Agreement with Marathon Hospitality Association,
Inc. covering the Hibiscus Pedal on November 11-13, 2005 in an amount not to exceed
$14,000, DAC III, FY 2005 Event Resources.
Contract Manager: Maxine Pacini 3523 TDC # 3
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 5/18/05 Agenda Deadline 5/3/05
CONTRACT COSTS
Total Dollar Value of Contract: $ 14,000
Budgeted? YesrzJ No 0 Account Codes
Grant: $
County Match: $
Current Year Portion: $
119-79030-530340- T59S-524X-530340
- - - -
---~-
- -
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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
Division Director
Changes
Needed
YesO NotJ/'
Date Out
Risk Management YesO NoD
O.M.B./Purchasing oM '~esO No~
i ' /'
County Attorney 3/1...'(v'5 YesO No[2l//
Comments:
OMB Form Revised 2/27/01 Mep #2
D~tination Events Aareement
THIS AGREEMENT is entered into this .day of , 2005 by and
between SOARD OF COUNTY COMMISSIONERS (County or BOCC), MONROE COUNTY,
FLORIDA, and Marathon Hospitality Association, Inc. (Event Sponsor).
NOW, THEREFORE. and in consideration of the mutual covenants. contained herein
the parties agree as follows:
1. The eocc agrees to pay from tourist development tax funds up to $14,000
(Fourteen Thousand Dollars) for the Hibiscus Pedal on November 11-13, 2005 (See Exhibit
A).
2. SCODe of Servieel: Event Sponsor agrees to provide the County with an event as
specified below:
i). Host a three day Florida Keys Hibiscus Pedal which will be based in
Marathon.
3. All advertising and public relations services or supervision of advertising and
public relations will be provided through the contracted agencies of the Tourist Development
Council (TOC) and eocc. The agendes of record shall receive payment of work in progress
upon submission of documented invoices associated with said event.
4. Payment: Any payments directfy to Event Sponsor or vendors aSSOCiated with
said event shall be as follows:
Event Sponsor shall submit to TOe an invoice which shall indicate the task
completed for which payment is sought with proper dOCUmentation attached. No more than
10% of the total advertising and promotional costs paid under this agreement shall be
attributable to in-county activity. County shall pay Event Sponsor, or directly to vendor upon
request of Event Sponsor. pursuant to the Florida Prompt Payment Act upon receipt of a
proper invoice.
Monroe County's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the SOCC. Only acceptable expenses listed in
the Monroe County Tourist Development COuncil Operations Manual shall be paid.
5. Accounting: Event Sponsor shall maintain all books, records, and documents
directly pertinent to pefformance under this Agreement in accordance wi1h generally
accepted accounting principles consistently applied. Each party to this Agreement or their
authorized representatives shall have reasonable and timely access to such records of each
other party to this Agreement for public records purposes during the term of the Agreement
and for four years following the termination of this Agreement. ff an auditor emplOyed by the
County or Clerk determines that monies paid to Event Sponsor r pursuant to this Agreement
were spent for purposes not authorized by this Agreement, the Contractor shall repay the
monies together with interest calQJlated pursuant to Sec. 55.03, FS, running from the date
the monies were paid to Event Sponsor.
6. Modification: Una item changes to the advertising and promotion budget may
be made up to but not eXceeding 10% of the larger fine item amount without requiring BOCC
approval of the particular change.
Hibiscus PedaJ
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7. Breach and Penalties: The parties agree to full perfonnance of the covenants
contained in this agreement, and the BOCC reserves the right at its disaetion, provided Such
breach is material. to terminate this agreement for any misfeasance. malfeasance, or
nonperformance of the agreement terms or negligent performance of the agreement terms by
Event Sponsor.
8. IenT)inatiOO: This Agreement will terminate on February 28,2006, unless earlier
terminated pursuant to paragraph 7 or 9. All invoices must be submitted prior to February 28,
2006.
9. Non Occurrence of Eve~: If the event does not take place for any reason
under control of Event Sponsor except for those reasons in paragraph 19, then Event
Sponsor agrees to refund to the BOCC any amounts already paid under this agreement, and
relieve the BOCC from any further payments.
Event Sponsor shall give written notice to the Monroe County Tourist
Development Council if it is found necessary to cancel an event. The notice shan 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.
10. Indemnification and Hold Harmless: Event Sponsor covenants and 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 services provided,
event sponsored, or other activities and funding asSOCiated with this agreement, except those
losses or damages caused by BOCC or its agents.
11. Insurance Reauirements: Event Sponsor. as a pre-requisite of the Special
Event governed by this agreement, shall obtain, at its own expense, insurance as specified
in this section.
Work associated with the Event (including pre-staging of personnel and material) shall
not commence until satisfactory evidence of the required insurance has been furnished to the
county as specified below. Event Sponsor shan 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 may result in the immediate suspension of
the Event until the required insurance has been reinstated or replaced. Event Sponsor shan
provide, to the County, as satisfactory evidence of the required insurance, either:
.. Certificate of Insurance
or
.. Certified copy of the actual insurance policy
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
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 (3D) days prior
notification is given to the County by the insurer.
Bikeathon in Marathon
2
Acceptance and/or approva of Event Sponsors insurance shall not be construed as
relieving Event Sponsor from any liability or obligation assumed under this contract or
imposed by law.
The Monroe County Board of County Commissioners, its employees and officials win
be incfuded as · Additional Insured' on aU 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.
Event Sponsor shall fumjsh 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, Event Sponsor shaU obtain
General Liability Insurance. Coverage shall be maintained through out the life of the contract
and include, as a minimum:
· Premises Operations
· Products and Completed Operations
· Blanket contractual Liability
* Personal Injury liability
· Expanded Definitioo 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 Fonn 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 ofwork by the COU'lty.
Recognizing that the work governed by this contract involves the sales and/or distribution of
alcoholic beverages, the Event Sponsor'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 restridive
than the contractor's General liability policy.
12. Permits: Event Sponsor will secure all required permits, licenses including but
not limited to occupational licenses.
13. Taxes: The BOCC and TOC are exempt from Federal Excise and State of
Florida Sales Tax.
14. Finance Chargq: The BOCC and TOC will not be responsible for any finance
charges.
15. Relation of BOCCITD(t: It is the intent of the parties hereto that Event Sponsor
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 TOC and
the BOCC and TOe shafl at no time be legally responsible for any negligence on the part of
Bikeatbon in Marathon
3
AMENDMENT TO INTER-LOCAL AGREEMENT
\,.~ ~ ([)/ JHIS ADDENDUM to agreement is made and entered into this /1 ~ay of
~ 2004, between the County of Monroe and THE ISLAMORADA VILLAGE OF
ISLANDS.
\
WHEREAS, there was a contract entered into on January 21, 2004, between the
parties, awarding $60,000 to The Islamorada Village of Islands for the Fishing Pier
project, and
WHEREAS, it has become necessary to extend the contract for an additional
period to allow time for The Islamorada Village of Islands to obtain permits and
complete the project;
NOW, THEREFORE, in consideration of the mutual covenants contained herein
the parties agree to the amended agreement as follows:
2005.
1. Contract period as outlined in Paragraph 1 shall be extended to March 31,
2. The dates regarding funding availability and submission of invoices as
outlined in Paragraph 2 shall be extended to March 31, 2005.
3. The remaining provisions of the contract dated January 21, 2004, remain
in full force and effect.
IN WITNESS WHEREOF, the parties have set their hands and seal on the day
and year first above written.
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ArTesr:o.t\NNY L. KOLHAGE, CLERK BOARD OF COUNTY
COMMISSIONERS OF
G-L~ > MONROECOUN(~~
D"l5'uty Clerk MONROE COUNTY A~~hainnan
~VED~H~
~~~~
ASSIST., ANT COJ1;l~ATTORNEY
oale__".~1'LPr
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INTERLOCAL AGREEMENT
FOR
GRANT IN AID FUNDS
This AGREEMENT dated the2/~y of ,(/tI'f 2004, is entered into by and between
the BOARD OF COUNTY COMMISSIONERS FO<<ivIoNROE COUNTY, hereinafter "County," on
behalf of the TOURIST DEVELOPMENT COUNCIL, hereinafter "TDC" and The Islamorada
Village of Islands, hereinafter "Grantee".
WHEREAS, the third penny of Tourist Development Tax may be used to acquire, construct,
extend, enlarge, remodel, repair, or improve museums, zoological parks, fishing piers, nature
centers or sports arenas which are publicly owned and operated or owned and operated by not-
for-profit corporations, and
WHEREAS, Grantee has applied for Grant in Aid funding for the Founders Park
Fishing Pier project to construct a Fishing Pier, hereinafter "the Property"; and
WHEREAS, Grantee has the ability to act as manager for the project; and
WHEREAS, the County and TDC have determined that it is in the best interest of the
County, for purposes of promoting tourism and preserving the heritage of the community to
construct the project for use as a fishing pier open to the public;
NOW, THEREFORE, in consideration of the mutual covenants and payments contained
herein, the Grantee and the County have entered into this agreement on the terms and conditions
as set forth below.
1. AGREEMENT PERIOD. This agreement is for the periOd January 21, 2004 through
September 30,2004. This agreement shall remain in effect for the stated period unless one party
gives to the other written notification of tennination pursuant 10 and in compliance with paragraphs
7,11 and 12 below.
SCOPE OF AGREEMENT. The Grantee shall provide services; materials and site preparation as
is required for the construction of a fishing pier along existing jetty at Founders Park.
A schedule of values is attached hereto as Exhibit A and shall be used as a guideline in
determining contract compliance for reimbursement purposes.
This project shalf be completed and invoices submitted to the County Finance Department no
later than September 30, 2004. The Grant in Aid funds must be expensed in the fiscal year
ending September 30, 2004. No funds will be available for use for this project agreement after
September 30,2004.
The recipient of TDC capital project funding shall designate a project manager jf no licensed
architect. engineer or general contractor is involved in the project. If the project is performed by
County or City personnel, the project manager shall be the Engineer, Building Official or
Construction Manager of that local govemment. Should any signage be erected acknOwledging
1
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the development of the project, said signage shall acknowledge the Tourist Development Council
of Monroe County.
If the amount of award exceeds $25,000, the Grantee agrees to dedicate the project property for ~
period of ten years, absent any acls not in COntrol of the Grantee such as hurricane or termris
damage, to lhe public purpose for which the funds are hereunder to be paid by County. If projecl
encompasses acquisition of personalty (property other than realty) rather than or in addition to
improvements to real property and for any reason the project property ceases such public purpose
use before the expiration of the ten years, the personally acquired under this agreement shall be
used for purposes which are related to the promotion of tourism in Monroe County, by retention by
grantee and use for proper purposes in another localion, or delivered to the County Or a not-for-
profit organization to be used for purposes of promoting tourism.
3. AMOUNT OF AGREEMENT AND PAYMENT. The County shall provide an amount not
to exceed $60,000 in reimbursement for materials and services used to construct the property.
The Board of County Commissioners and the Tourist Development Council assume no liability to
fund this agreement for an amount in excess of this award. Monroe County's performance and
obligation to pay under this agreement is contingent upon an annual appropriation by the BOCC.
a) Paymenl for expenditures permissible by law and County POliCies shall be made
through reimbursement to Grantee upon presentation of invoices, canceled checks and other
documentation necessary to suPPOrt a claim for reimbursement Included in said documentation
shall be proof that the Grantee has received and applied to the property matching funds
equivalent 10 or greater than the amount invoiced to the County. Submission of invoices must be
certified through a statement signed by an officer of the organizallon and notarized, deciaring that
representations in the invoice are true and factual.
b) Matching funds In an amount no less than the funds provided under this agreement
are required 10 be applied 10 the project. Applicallon of matching funds requires actual payment of
the matching funds. Mere obligation through execulion of a contract or approval of a budget item
to be paid from matching funds will not suffice. In Order for funds to be deemed matching, they
shall have been expended for the services and materials required for the specific project
described in the Scope of Services paragraph. Any funds applied to any use on the real property
other than the project shall not be uSed as matching funds required under this agreement In
order to be COnsidered matching funds for the project funded by grant under this agreement, the
matching funds must be applied 10 the project during the term of this agreement
c) Documentation shall be submilled to the TDC Administrative Office to show the
receipt and application of in-kind donations of goods, professional services, and materials. Said
documentation should include invoices, bills of lading, etc., and be verified as received and
applied to the project through a notarized statement of the project architect, engineer, general
contractor or project manager, The receipt and application 10 the project of volunteer labor are to
be documented and verified by notarized signature of the project architect, engineer, general
contractor or project manager, and said documentation submitted to the TDC Administrative
Office. All submissions should have a proposed schedule of values for phases and indicate the
percentage of completion of the overall project as of the submission, This document should be
signed by the project architect, engineer, general COntractor or project manager.
d) Funding granted under this Grant in Aid Agreement mUst be expended by the County no later than September 30, 2004, Any amount of the grant funds not expended by County by
that date shall no longer be available to Grantee, unless prior to September 30, 2004, an
amendment extending this agreement has been approved In wrfting and executed by both parties.
2
4. REPORTS. The Grantee shall provide financial reports In summary of activity on forms
provided or approved by the TOC, and quarterly narrative reports of activity under the approved
work plan. The Grantee shall keep such records as are necessary to document the performance
of the agreement and expenses as incurred, and give access to these records at the request of
the TDC, the County, the State of Florida or authorized agents and representatives of said
government bodies. It is the responsibility of the Grantee to maintain appropriate records to
insure a proper aCCOUnting of all funds and expenditures. The Grantee understands that it shall
be responsible for repayment of any and all audit exceptions which are identified by the Auditor
General for the State of FlOrida, the Clerk of Court for Monroe County, the Board of County
Commissioners for Monroe County. or their agents and representatives. In the event of an audit
exception, the current fiscal year grant award or Subsequent grant awards will be offset by the
amount of the audit exception. In the event the grant is not renewed Or supplemented in future
years, the Grantee Will be billed by the County for the amount of the audit exception and shall
promptly repay any audit exception.
5. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the terms of this
agreement shall be only amended in Writing and approved by the Board of County Commissioners
for Monroe County.
6. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the Grantee
is an independent contractor and not an employee of the Board of County Commissioners of
Monroe County. No statement contained in this agreement shall be construed as to find the
Grantee Or any of its empioyees, contractors, servants or agents to the employees of the Board of
County CommiSSioners of Monroe County, and they shall be entitled to none of the rights,
priVileges or benefits of employees of Monroe County.
7. COMPLIANCE WITH lAW. In carrying out its obligations under this agreement. the Grantee
Shall abide by all statutes. Ordinances, rules and regulations pertaining to or regulating the
ProViSions of this agreement, including those now in effect and hereafter adopted. Any violation of
said statutes, Ordinances, rules or regulations shall COnstitute a material breach of this agreement
and shall entitle the County to terminate this agreement immediately upon delivery of written
notice of termination to the Grantee.
B. RESTRICTIONS ON AGREEMENTS ENTERED PURSUANT TO THIS AGREEMENT. The
Grantee shall Include in all agreements funded under this agreement the following terms:
a) Anti-discrimination. Contractor agrees that they will not discriminate against any
employees or applicants for employment or against persons for any other benefit Or service under
this agreement because of their race, color, religion, sex, national origin, or phYSical or mental
handicap where the handicap does not affect the ability of an individual to perform in a position of
empioyment, and to abide by all federal and state laws regarding non-discrimination.
b) Anti-kickback. Contractor warrants that no person has been emplOYed or retained to
solicit or secure this agreement upon an agreement or Understanding for a commission,
percentage, brokerage or contingent fee, and that no employee or officer of the Contractor has
any interest, financially or otherwise. in Contractor. For breach or violation of this warranty, the
Contractor shall have the right to annul this agreement without liability or, in its discretion, to
deduct from the agreement price Or consideration. the full amount of such commission,
percentage, brokerage Or contingent fee. Contractor acknOWledges that it is aware that funding
for this agreement is available at least in part through the County and that violation of this
paragraph may result in the County WithdraWing funding for the Project.
3
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c) licensing and I""'ermits. Contractor warrants that it shall have, prior to commencement 01
work under this agreement and at all times during said work, all required licenses and permits
whether federal, state, County or City.
9. ANTI-DISCRIMINATION. The Contractor agrees that they will not discriminate against any
of their employees or applicants for employment or against persons for any benefrt or seNice
because of their race, color, religion, sex, national origin, or physical or mental handicap where
the handicap does not affect the ability of an individual to perform in a position of employment,
and to abide by all federal and state laws regarding non-discrimination.
10. ANTI-KICKBACK. The Contractor warrants that no person has been employed or retained
to solicit or secure this agreement upon an agreement or understanding for a commission,
percentage, broleerage Or contingent fee, and that no employee or officer of the County or TDC
has any interest, financially or otherwise, in the said funded project, except for general
membership. For breach or violation of this warranty, the County shall have the right to annul this
agreement without liability or, in its discretion, to deduct from the agreement price or
consideration, the full amount of such commission, percentage, broleerage or contingent fee.
11. TERMINATION. This agreement shall terminate on September 30,2004. Termination
prior thereto shall OCCur whenever funds cannot be obtained or cannot be continued at a level
sufficient to allow for the continuation of this agreement pursuant to the terms herein. In the event
that funds cannot be COntinued at a level sufficient to allow the continuation of this agreement
pursuant to the terms specified herein, this agreement may then be terminated immediately by
written notice of termination delivered in person Or by mail to Grantee. The County may terminate
this agreement without cause upon giving written notice of termination to provider. The County
shail not be obligated to pay for any seNices or goods provided by Grantee after Grantee has
received written notice of termination. If the Agreement does not receive an approved extension
beYOnd the grant agreement period, as defined in-paragraph 1, the grant in aid funds will expire on
the fiscal year ending date of September 30,2004.
12. TERMINATION FOR BREACH. The County may immediately terminate this agreement
for any breach of the terms contained herein. Such termination shall talee place immediately upon
receipt of written notice of said termination. Any waiver of any breach of covenants herein
contained to be leapt and performed by Grantee shall not be deemed or considered as a
COntinuing waiver and shall not operate to bar or prevent the County from declaring a forfeiture for
any SUcceeding breach either of the same conditions or of any other COnditions. Failure to provide
County with certification of use of matching funds or matching in-leind seNices at or above the rate
of request for reimbursement or payment by is a breach of agreement, for which the County may
terminate this agreement upon giving written notification of termination.
13. ENTIRE AGREEMENT. This agreement constilutes the entire agreement of the parties
hereto with respect to the subject matter hereof and Supersedes any and all prior agreements with
respect to such subject matter between the Grantee and the County.
14. CONSENT TO JURISDICTION. This agreement, its performance, and ail disputes arising
hereunder, shall be governed by the laws of the State of Florida, and both parties agree that the
proper venue for any actions shall be in Monroe County.
15. ETHICS CLAUSE: Grantee warrants that he has not employed, retained or otherwise had
act on his behalf any former County officer or employee in ViOlation of Section 2 or Ordinance No.
4
10- f 990 or any County ,,,ricer 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
w~hout 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.
t6. PUBLIC ENTiTY CRIME STATEMENT: A person or affiliate who has been placed on the
convicted vendor list fallowing a conviction for public entity crime may not submit a bid on an
agreement to provide any goOds or services to a pubiic entity, may not submit a bid on a
agreement 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 p~blic entity, may not be awarded or perform work as
a Contractor, supplier, sUb-contractor, or consultant under a agreement with any pUblic entity, and
may not transact business wnh 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.
17. AUTHORITY: Grantee warrants that n is authorized by law to engage in the performance
of the activities encompassed by the project herein described. Each of the signataries for the
Grantee below certifies and warrants that the Grantee's name in this agreement is the full name
as designated in its corporate charter (if a COrporation); they are empowered to act and contract
for the Grantee, and this agreement has been approved by the Board of Directors of Grantee or
other appropriate authOrity.
18. LICENSING AND PERMITS: Grantee warrants that it shall have, prior to commencement
of work under this agreement and at all times dUring said work, all required licenses and permits
whether federal, state, County or City.
19. INSURANCE: The parties to this agreement stipulate that each is a state governmental
agency as defined by Florida Statutes and represents to the other that it has purchaSed suitable
Public liability, Vehicle liability, and Workers' Compensation insurance, or is self-insured, in
amounts adequate to respond to any and all claims Within the limitations of Florida Statute 768.28
and 440, arising out of the activities governed by this agreement. The Grantee shail immediately
give notice to the County of any suit, claim or action made against the County that is related to the
activity under this agreement, and will COOperate wnh the County in the investigation arising as a
result of any suit, action or claim related to this agreement.
Each party shall be responsible for any acts of negligence on the part of its employees, agents,
contractors, and subcontractors and shall defend, indemnify and hoid the other party harmless
from all claims arising out of such actions.
20. NOTICE. Any written notice to be given to either party under this agreement or related
hereto shall be addressed and deliVered as follows:
For Grantee:
For County:
Cindy Lawson
Administration and Finance Director
P.O. Box 568
Islamorada, FL 33036
Lynda Stuart
Monroe County Tourist Development Council
5
1201 White Street, Suite 102
Key West, FL 33040
and
Suzanne Hutton, Asst. County Attorney
P.O, Box 1026.
Key West, FL 33041-1026
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
the day and year first above written.
(SEAL)
ATTEST: DANNYL. KOLHAGE,CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY~~:
..efeputy Clerk
By: ~ (~
Mayor/Chairman
(SEAL)
ATTEST:
By:
p~ 1//~
Vi ge Clerk
By:
~~
Mayor
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PART V:
EXHIBIT A
PROJECT BUDGET AND TIMETABLE. All PROJECT~
1. Cost Estimates: list all major work items and the estimated costs of
each. If the project is phaSed. segregate clearly those costs for the phase to be
assisted by the TOC funds requested. All phases and total estimated cost of the
entire project must be fisted here.
- Labor/materials for construction of a rox. 1 SOD feet of boardwalk
- Site r8 aration and utili feed for floatin docks
- Labor and Materials for floatin dock construction and installation ~
120 000
12000
88.640
=
Totai cost of phaseJproject for which funds are requested: (not to exceed
50% of the total project cost:
Tota' Estimated Cost -1- 220.64:Q
Percentage of TOC funds requested of Total BUdget: (not to exceed 50%
of the total project cost)
a )Phase
b)Project ~ 220.640
2. Confirmation that signed, sealed bid process was utilized for acqujling
architectural services. or that project does not require architectural services.
No architectural services are required.
a)Phase
b)Project 50%
3. Matching Funds. list the sources and amounts of COnfirmed matching
funds. (For items involVing personnel, Include the number of hours to be spent
on the project activities and their per-hour value). These funds must not be
expended before executIon of a Capital Project Agreement. Plior donated
services or expenditures are not acceptable as match for grant funds. No more
than fifty (50%) percent of matching funds or twenty-five (25%) percent of the
total project shall be in-kind services.
a Hard-dollar:
110 320 Islamorada Villa e of Islands
b) In-Kind (50%) limit:
~
=
Total confirmed matching Hard-dol/ar funds:
- $ 110.320
Total confirmed matching In-kind funds:
This amount should equal or exceed TOC Funds requested.
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Page 1 of 2
Proiected in.kind services and (:loods shall be allocated the followin(:l values.
subiect to negotiation with TDC/County. List here all such anticipated values:
N/A
4. Outline of expansion opportunity for acquiring further match grants.
The construction oroiect per Part V. #1 will be comolete with this proiect
Page 2 of 2
13
said Event Sponsor, its employees or agents, resulting in either bodily or personal injury or
property damage to any individual, firm. or corporation.
16. Disdosur,: Event Sponsor shall be required to list any or all POtential conflids
or interest, as defined by Florida Statute 112 and Monroe County Code. Event Sponsor shall
disclose to the BOCC and TOC all actual or pI'OpOsed conflicts of interest, financial or
otherwise, direct or indirect, involving any clients interest which may conflict with the interest
of the BOCC and TOC.
17. Assianmem: Event Sponsor shall not assign, transfer, convey. subfet or
otherwise dispose of this agreement, or of any or an 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 BOCe.
18. Corngliance with J~: Event Sponsor shall comply with all federal, state and
local laws and ordinances applicable to the work or payment for work thereof.
19. NondiscriminatiOO: County and Contractor agree that there will be no
disaimination against any person. and it is expressly understOOd that upon a determination
by a court of competent jurisdiction that discrimination has occurred, this Agreement
automatically terminates without any further action on the part of any party, effective the date
of the court order. County or Contractor agree to comply with all Federal and Florida
statutes, and all local ordinances, as applicable. relating to nondiscrimination. These incfude
but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits
diSCrimination on the basis of race, color or national origin; 2) Title IX of the Education
Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits
discrimination on the basis of seX; 3) Section 504 of the Rehabilitation Act of 1973, as
amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The
Age Discrimination Act of 1975, as amended (42 use ss. 6101--6107) which prohibits
discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL
92-255). as amended, relating to nondisaimination on the basis of drug abuse; 6) The
COmprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act
of 1970 (Pl91-616), as amended, relating to nondisaimination on the basis of alcohol abuse
or acoholism; 7) The Public Health Service /v:;t of 1912. ss. 523 and 527 (42 USC ss. 69Odd-
3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent
records; 8) TItle VIII of the Civil Rights Act of 1968 (42 USC s. et seq.). as amended, relating
to nondiscrimination in the sale, renta, or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC s. 1201 Note). as maybe amended from time to time,
relating to nondisaimination on the basis of disability; 10) Monroe County Code Ch. 13,
Art VI, prohibiting disaiminatioo on the bases of race, color, sex, religion, disability, national
origin, ancestry, sexual orientation, gender identity or expression. familia status or age; and
11) any other nondisaimination provisions in any Federal or state statutes which may apply
to the parties to, or the subject matter of, this Agreement.
20. Force Maieure: Event Sponsor shall not be liable for delay in performance or
failure to perform in whole or in part, the S8f'Iices due 10 the occurrence of any contingency
beyond its con~ or the control of any of its subcontractors ex' suppliers, induding labor
dispute, strike. labor shortage. war or act of war whether an actual declaration thereof if made
Bikeathoo in Marathon
4
or not, insurrection, sabotage, riot or civil commotion, act of public enemy, epidemic,
quarantine restriction, accident, fire, explosion, storm, flood, drought or other act of God, act
of any governmental authority, jurisdictional action. or insufficient supply of fuel, electricity, or
materials or supplies, or technical failure where the Event Sponsor has exercised reasonable
care in the prevention thereof, and any SUCh delay or fajlure shall not constitute a breadl of
the Agreement. Upon demand of TOe or BOCC, Event Sponsor must furnish evidence of the
causes of sudl delay or failll"e. BOCe 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.
21. Govemina LawNenuQ: This Agreement shall be governed and construed by
and in accordance with the laws of the State of Florida and the County of Monroe and
Federal law. Venue for any dispute concerning this Agreement shall be in Monroe County.
22. Security ProtectiOf1: Event Sponsor agrees to provide adequate security for the
event. No TDC funds will be used for this purpose.
23. Owner!ibil2: All advertising and Promotion work performed under the agreement
and paid for by the BOCC and TDC shall be the property of the BOCC and TOC, for whatever
use and/or disposition the BOCC and TOe may deem appropriate.
24. Loaq; All promotional literature and display advertising with the exception of
generic advertising must display the "Rorida Keys & Key West, Monroe County Tourist
Development Council Come As You Are" 100000000e 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 logoltrade mark "Florida Keys
& Key West Come as you are., Radio Advertising should read -Brought to you by the
Monroe County Tourist Development Councir.
25. Severability: If any provision of this Agreement shall be held by a Court of
competent jurisdiction to be invalid or unenforceable, the 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.
26. Authori~: 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 agreement for the sponsors and c)
this agreement has been approved by the sponsor's Board of Directors.
27. Ethics Glause; Event Sponsor 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 01 the provision the COUNTY
may, at its discretion terminate this agreement without liability and may also, at its disaetion,
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.
Bikeathon in Marathoo
5
28. 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 'NOrk 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 period of 36 months from the
date of being placed on the convided vendor list..
29. Federal and State Aig: Event Sponsor and County agree that each shalf be, and
is, empowered to apply for, seek. and obtain federal and state funds to further the purpose of
this Agreement; provided that all applications, requests, grant proposals, and funding
solicitations shall be approved by each party prior to submission.
30. Adiudicati<;m of DiSDUtes or Disaareemen\l: County and Event Sponsor agree
that all disputes and disagreements shall be attempted to be resolved by meet and confer
sessions between representatives of each of the parties. If no resolution can be agreed upon
within 30 days after the first meet and confer session, the issue or issues shall be discussed
at a public meeting of the Board of County Commissioners. If the issue or issues are still not
resolved to the satisfaction of the parties, then any party shall have the right to seek such
relief or remedy as may be provided by this Agreement or by Florida law.
31. Non-Waiver of Immunity: Notwithstanding he provisions of Sec. 286.28, Florida
Statutes, the participation of the County and the Contractor in this Agreement and the
acquisition of any commercial liability insurance coverage, self-insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of immunity to the
extent of liability coverage, nor shall any contract entered into by the County be required to
contain any provision for waiver.
32. Privileges and Immunities: All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief. disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or employees
of any public agents or employees of the County, when performing their respective functions
under this Agreement within the territorial limits of the County shall apply to the same degree
and extent to the performance of such functions and duties of such officers, agents,
volunteers, or employees outside the territorial limits of the County.
33. legal Obliaations and Resoonsibilities: Noo-DeIeoation of Constitutional or
StatutOrY Doli!!: This Agreement is not intended to, nor shall it be construed as, relieving
any participating entity from any obligation or responsibility imposed upon the entity by law
except to the extent of actual and timely performance thereof by any participating entity, in
which case the performance may be offered in satisfaction of the obligation or responsibility.
Further, this Agreement is not intended to, nor shall it be construed as, authorizing the
delegation of the constitutional or statutory duties of the County, except to the extent
permitted by the Florida constitution, state statute, and case law.
Bikeathon in Marathon
6
34. Non-RtUance by Non-PartiU: No person or entity shan be entitled to rely upon
the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party
claim or entitlement to or benefit of any service or program contemplated hereUnder, and the
County and the Contractor agree that neither the County nor the Contractor or any agent,
officer, or employee d either shall have the authority to inform, counsel, or otherwise indicate
that any particular individual or group of individuals. entity or entities, have entitlements or
benefits under this Agreement separate and apart, inferior to, or superior to the community in
general or for the purposes contemplated in this Agreement.
35. Section HeadinQ!: Section headings have been inserted in this Agreement as a
matter of convenience of reference only, and it is agreed that such section headings are not a
part of this Agreement and will not be used in the interpretation of any provision of this
Agreement.
36. No SoIicitationlPavment: The County and Event Sponsor warrant that. in respect
to itself, it has neither employed nor retained any company or person, other than a bona fide
employee working solely for it, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for it. any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. For the breach or
violation of the provision. the Contractor agrees that the County shall have the right to
terminate this Agreement without liability and, at its disaetion. to offset from monies Owed, or
otherwise recover, the fun amount of such fee, commission, percentage, gift, or
consideration.
37. Public Access: The County and Event SpOnsor shall allow and permit
reasonable access to, and inspection of. all documents, papers, letters or other materials in
its POssession or under its control subject to the provisions of Chapter 119. Florida Statutes,
and made or received by the County and Contractor in conjunction with this Agreement; and
the County shall have the right to unilaterally cancel this Agreement upon violation of this
provision by Contractor.
38. SeVerabilh:: If any term, covenant, condition or proVision of this Agreement (or
the application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining terms,
covenants, conditions and provisions of this Agreement, shall not be affected thereby; and
each remaining term, COvenant, COndition and provision of this Agreement shall be valid and
shall be enforceable to the fullest extent permitted by Jaw unless the enforcement of the
remaining terms, covenants, conditions and provisions of this Agreement would prevent the
accomplishment of the original intent of this Agreement. The County and Contractor agree to
reform the Agreement to replace any stricken provision with a valid provision that comes as
close as possible to the intent of the stricken provision.
39. Attornev's Fees and Costs: The County and Event Sponsor agree that in the
event any cause of action or administrative proceeding is initiated or defended by any party
relative to the enforcement or interpretation of this Agreement, the prevailing party shall be
entitled to reasonable attorney's fees, court costs, investigative, and out-of.pocket expenses,
as an award against the non-prevaiJing party, and shall include attorney's fees, courts costs,
Bikearhon in Marathon
7
investigative, and out-of-pocket expenses in appel/ate proceedings. Mediation proceedings
initiated and conducted pursuant to this Agreement shall be in accordance with the Florida
Rules of Civil Procedure and usual and customary procedures required by the circuit court of
Monroe County.
40. Entire Agreem&rJl: The parties agree that the Agreement above constitutes the
entire agreement between the BOCC and Event Sponsor.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day
and year first above written.
(SEAL)
'taJity Association, Inc.
\.{ \1 s-JC)
(SEAL)
Attest: DANNY L. KOlHAGE, Clerk
BOAR OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairman
~~
QVEO AS M:
~ZANNE A. R ON
/ ASSISTANT C~ND'jt]2RNeY
Oat. ~?
Bikeatbon in Marathon
8
.....
j .
c
EXHIBIT A
TOmuSTDEVELOPMENTCOUNC~
BUDGET BREAKDOWN
FISCAL YEAR 2004/2005
EVENT NAME:
HISBr$..~US FEPA.L
DIRECT MAIL & POSTAGE
$ 500
(
BROCHURES. POSTERS, PRODUCTION & PRINTIN $ 2,000
PUBLIC RELATIONS $
EVENT PROGRAM $ 1,000
MEDIA ADVERTISING $ 4,500
PROMOTIONAL ITEMS $ 4,000
(T ~SHIRTS; CAPS, JACKETS,ETC.)
"'GENERAL. NON-ALLOCATED $ 2,000
TOTAL: $ 14,000
"'GENERAL NON.ALLOCA TED IS NOT TO EXCEED 15% OF THE AMOlJNT A WARDED
BY THE MONROE COUNTY TOURIST DEVELOPMENT COUNCIL FOR THIS SPECIFIC EVENT.
THIS FORM MUST BE FILLED OUT AS APPLICABLE.
? .
TU( [LORIDA Ins &lfY W.ill TUf fLORIDA ImkKfY Will lli!.[LORIDA Kmklu WfSf
HOtlRO( COUIlIY TOURIST IIl'YaOPHOIT COl/H(l HOIIaO{ (OOIllYTllUIlST lIMl.09HOO COlUIOl. HOHIlO[ (00IllY T_T llMi.OPMOO COUHCl
( Come u you U'C. Come u you ue. Come u you ue.
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HOtllO[ (OlltlTYToumT IlMJ.DMHT (0llN0l HONIO{ COllNTY TllUIlST DMI.OPHOO COllNOl HOHIO{ (oom TOllRI5T ornt.oPHOO (Ol/H(l
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TUf [LORIDA Kffi.WY wm TUf [LORIDA KrlllKfYWlSJ TUf [LaRIDA KrlllKfY WfST
MONRO[ COUNTY TOURIST DMlOPHOO COUNOl MONRO{ COUNTY TOURIST DfVnOpHfNT (OUNOl MONROE (OUNTYTOURl5T OOOOPHOO COUNOl
Come as you are. Come: as you arcS Come as you arc.
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MONRO[ (OUNlY TOURIST DOOOPHOO COUHOl MONROE (OUNTYTOURl5T DfVUOPHfNT WUNal MONROE COUNTY TOURI5T DfVUOPHOO COUNal
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T1!fWRIDA KfYS & KflWill
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Come as you are@
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lllffWRIDA KfYS & KflWill
MONROf COUNTY TOURIST DfVUOPHfNT COUNCIL
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MCTG-3125 New Logo Slick L01