06/21/2001
Turn Kev Events Aareement
This AGREEMENT dated theJ-/~day of JU(\If: 2001, 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 The Florida Keys Corvette Club, hereinafter" The Florida Keys
Corvette Club".
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 $4,000 (Four Thousand Dollars) for the 8th
Annual "Corvettes In Paradise" Show on November 2-3,2001 from tourist development
tax funds provided Event sponsor meets all of its obligations under this agreement.
2. Scope of Services: The Florida Keys Corvette Club agrees to provide the
County with the "Corvettes In Paradise" show on November 2-3, 2001, with a minimum
of services as described below:
a. Display of Corvettes
b. Special guest appearances
c. Novelty vendors
3. Payment: Upon receipt from Event Sponsor of documentation, reviewed
and verified by the Tourist Development Council (TDC) Administrative Office, proving
that event has been produced and promoted through marketing literature, advertising
program/publication ads, television coverage, publicity and on-site advertising, and that
the required insurance was obtained no less than twenty days prior to the event, BOCC
shall pay $4,000
Monroe County's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the BOCC.
4. Accountina: Financial records of Florida Keys Corvette Club pertaining to
this project shall be kept on generally recognized accounting principles and shall be
available to the BOCC or to an authorized representative for audit. Records shall be
retained a minimum of three years after contract has been performed.
5. Modification: Any changes to this contract may be made only by written
mutual agreement, recommended by the TDC and approved by the BOCC.
6. Termination: This Agreement will be terminated on January 3, 2002. All
invoices must be submitted prior to January 3, 2002.
7. Non Occurrence of Event: The Florida Keys Corvette Club shall give
written notice to the Monroe County Tourist Development Council if it is found
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FY 2001, DAC IV Event Funding
Florida Keys Corvette Club
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: The Florida Keys Corvette Club
agrees to indemnify and hold harmless Monroe County Board of County
Commissioners from any and all claims for bodily injury (including death), personal
injury, and property damage (including property owned by Monroe County) and any
other losses, damages, and expenses (including attorney's fees) which arise out of, in
connection with, or by reason of the event sponsored by Florida Keys Corvette Club.
9. Insurance Reauirements: Florida Keys Corvette Club, as a pre-requisite of
the Special Event governed by this agreement, shall obtain, at its own expense,
insurance as specified in this section:
Florida Keys Corvette Club will not be permitted to commence work associated
with the Event (including pre-staging of personnel and material) until satisfactory
evidence of the required insurance has been furnished to the County as specified
below. Florida Keys Corvette Club shall maintain the required insurance through out the
entire duration of the Special Event and any extensions specified in any attached
schedules. Failure to comply with this provision shall release County of any obligation
to compensate event sponsor. Further, any material misstatement in the application for
insurance coverage shall release County from it's obligations to pay under this
agreement. Florida Keys Corvette Club shall provide, to the County, as satisfactory
evidence of the required insurance, including the insurance policy application and
either:
Original Certificate of Insurance
or
* Certified copy of the actual insurance policy
An original certificate or a certified copy of any or all insurance policies required
by this contract shall be filed with the Clerk of the BOCC prior to the Event. The
Insurance policy must state that the Monroe County BOCC and Monroe County
Tourist Development Council 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
5100 College Road
Room 203
Stock Island
Key West, FL 33040
*
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FY 2001, DAC IV Event Funding
Florida Keys Corvette Club
All insurance policies must specify that they are not subject to cancellation, non-
r~newal, material change or reduction in coverage unless a minimum of thirty (30) days
prior notification is given to the County by the insurer.
Acceptance and/or approval of Florida Keys Corvette Club's insurance shall not
be construed as relieving Florida Keys Corvette Club from any liability or obligation
assumed under this contract or imposed by law.
The Monroe County Board of County Commissioners, its employees and officials
will be included as "Additional Insured" on all policies.
Any deviations from these General Insurance Requirements must be requested
in writing on the County form titled "Request for Waiver of Insurance Requirements"
and must be approved by Monroe County Risk Management.
Florida Keys Corvette Club shall furnish the County with a certificate evidencing
the insurance required by this paragraph not later than twenty (20) days prior to the
event.
Prior to commencement of work governed by this contract, Florida Keys Corvette
Club shall obtain General Liability Insurance Coverage shall be maintained throughout
the life of the contract and include, as a minimum:
* Premises Operations
* Products and Completed Operations
* Blanket contractual Liability
* Personal Injury Liability
* Expanded Definition of Property Damage
The minimum limits acceptable shall be:
* $1,000,000.00 combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
* $500,000.00 per Person
* $1,000,000.00 per Occurrence
* $100,000.00 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims
Made policy, its provisions should include coverage for claims filed on or after the
effective date of this contract. In addition, the period for which claims may be reported
should extend for a minimum of twelve (12) months following the acceptance of work by
the County.
10. Permits: The Florida Keys Corvette Club will secure all required permits,
licenses including but not limited to occupational licenses.
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FY 2001, DAC IV Event Funding
Florida Keys Corvette Club
11. Laws and Reoulations: Any and all services, materials and equipment
shall comply fully with all Local, State and Federal laws and regulations, and Florida
Keys Corvette Club agrees that the venue for any di.spute concerning this agreement
shall be in Monroe County, Florida.
12. Taxes: The SOCC and TOC are exempt from Federal Excise and State
of Florida Sales Tax.
13. Finance Charoes: The SOCC and TOC will not be responsible for any
finance charges.
14. Relation of SOCCfTOC: It is the intent of the parties hereto that the
Florida Keys Corvette Club shall be legally considered as an independent contractor
and that neither it nor its employees shall, under any circumstances, be considered
servants or agents of the SOCC and TOC, and the SOCC and TOC shall at no time be
legally responsible for any negligence on the part of said Event Sponsor, its employees
or agents, resulting in either bodily or personal injury or property damage to any
individual, firm, or corporation.
15. Oisclosure: The Florida Keys Corvette Club shall be required to list any
or all potential conflicts or interest, as defined by Florida Statute 112 and Monroe
County Code. The Florida Keys Corvette Club shall disclose to the SOCC and TOC all
actual or proposed conflicts of interest, financial or otherwise, direct or indirect,
involving any client's interest which may conflict with the interest of the SOCC and TOC.
16. Assionment: The Florida Keys Corvette Club shall not assign, transfer,
convey, sublet or otherwise dispose of this agreement, or of any or all of its right, title or
interest therein, or his or its power to execute such agreement to any person, company
or corporation without prior consent of the TOC and SOCC.
17. Compliance with laws - Nondiscrimination: The Florida Keys Corvette
Club shall comply with all federal, state and local laws and ordinances applicable to the
work or payment for work thereof, and shall not discriminate on the grounds of race,
color, religion, sex, age, or 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: The Florida Keys Corvette Club agrees to provide
adequate security for the event.
19. Ethics Clause: The Florida Keys Corvette Club warrants that it has not
employed, retained or otherwise had act on its behalf any former County officer of
employee subject to the prohibition of Section 2 of Ordinance No 010-1990 or any
County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For
breach or violation of this provision the County may, in its discretion, terminate this
contract without liability and may also, in its discretion, deduct from the contract or
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FY 2001, DAC IV Event Funding
Florida Keys Corvette Club
purchase price, or otherwise recover, the full amount of any fee, commission,
percentage, gift, or consideration paid to the former County officer or employee.
20. Media riahts: The TDC shall have the right to broadcast, rebroadcast,
use, reproduce or transmit for any purpose whatsoever, radio, television, pictures,
sound, film and tape motion pictures and still photographs paid by the BOCC and TDC
under this agreement.
21. Loao: All promotional literature and display advertising with the exception
of generic advertising must display the Florida Keys and Key West logo/trade mark (as
per enclosed).
22. Severabilitv: 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. 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.
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".
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FY 2001, DAC IV Event Funding
Florida Keys Corvette Club
25. Entire Aareement: The parties agree that the Agreement above
constitutes the entire agreement between the BOCC and Florida Keys Corvette Club.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the
day and year first above written.
(SEAL)
Attest:
Florida Keys Corvette Club
By ~./~~ e~J2~~
President
NY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
G ~ ~Er,e Kt:~d
~ By
De$uty Clerk Mayor/Chairman
AfllIIIO\iltt) AS re FORM
AND ~l SUFFI_~'t.;, .,/'
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