Item D03
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: AUGUST 19, 2009
Division:
TDC
Bulk Item: Yes --K- No
Department:
Staff Contact PersonlPhone #:Maxine Pacini - 296-1552
AGENDA ITEM WORDING:
Approval of an Amendment to extend the Agreement with 3406 North Roosevelt Boulevard
Corporation d/b/a Visit Florida Keys for the provision of services for operating an executive office for
tourism promotion by Monroe County Code Sections 2-299.
ITEM BACKGROUND:
TDC approved same at their meeting of July 28, 2009
PREVIOUS RELEVANT BOCC ACTION:
BOCC approved original Agreement at their meeting of June 21, 2006
CONTRACT/AGREEMENT CHANGES: /
Amend to extend Agreement for two additional years
STAFF RECOMMENDATIONS:
Approval
/
TOTAL COST: $1,210,000 INDIRECT COST: N/A BUDGETED: Yes ~No
COST TO COUNTY: $1,21O,00i SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year
APPROVED BY: County Ally X ~chasing ~ Risk Management X
DOCUMENT A TION: Included X Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 1/09
)
JUN 0 ~ Inn",
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Visit Florida Keys Contract # TDC#:
- /
Effective Date: 10/1/09 I
Expiration Date: 9/30/11
Contract Purpose/Description:
Approval of an Amendment to extend the Agreement with 3406 North Roosevelt
Boulevard Corporation d/b/a Visit Florida Keys for the provision of services for
operating an executive office for tourism promotion by Monroe County Code Sections
2-299.
Contract Manager: Maxine Pacini 3523 TDC # 3
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 8/19/09 Agenda Deadline 8/4/09
CONTRACT COSTS
/
Total Dollar Value of Contract: $ 1,210,000
Budgeted? Yes[2J )No D Account Codes:
Grant: $
County Match: $
Current Year Portion: $
See Attached
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Division Director
:MIn
~ ~?
Changes
Neededr=/ ~.i er:----
YesD No~ ~
YesDNoW .
YeSDNO~
YeSDNO~ C.Hall
Date Out
Risk Manag.xment liz!1..lf7
~ u ~
O.M.B./Purch~ng _
County Attorney 'f ~ 1
Comments:
OMB Form Revised 2/27/01 MCP #2
115 75035 530340 TE95203X 530340
116 76007 530340 T096236X 530340
116 76007 430498 T096239X 530498
116 76007 530400 T096243X 530400
116 76007 340410 T096206X 530410
116 76007 530540 T096213X 530540
116 76007 530440 T096209X 530440
116 76007 530460 T09621OX 430460
116 76007 530510 T096246X 530510
116 76007 530520 T096247X 530520
116 76007 530640 T096240X 530640
116 76007 530340 T096289X 530340
116 76007 530300 T096235X 530300
116 76065 530340 T096219X 530340
117 77003 530340 T097235X 530340
117 77003 530340 T097236X 530340
118 78003 530340 T A98235X 530340
118 78003 530340 T A98236X 530340
119 79003 530340 T099235X 530340
119 79003 530340 T099236X 530340
120 70040 530340 T A90236X 530340
120 70040 530340 T A90235X 530340
121 71003 530340 TA91235X 530340
71003 530340 TA91236X 530340
AMENDMENT (1st AMENDMENT) TO AGREEMENT
THIS AMENDMENT to agreement dated the_day of 2009, is entered into by and between the
Board of County Commissioners of Monroe County, Florida (County), and the 3406 North Roosevelt Boulevard
Corporation d/b/a Visit Florida Keys, a corporation incorporated in the State of Florida (Provider).
WHEREAS, there was a contract entered into on June 21, 2006 between the parties, for the "Provider" to
operate an executive office for tourism promotion by Monroe County Code Sections 2-299 (D) (E); and
WHEREAS, Provider was created for the purpose of continuity in the provision of said services; and
WHEREAS, Provider has satisfactorily provided such services for seventeen years; and
WHEREAS, the agreement with the "Provider" has an option to extend agreement for two additional
years beyond the expiration date of September 30, 2009;
NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree to the
amended agreement as follows:
1, Paragraph 1 of the contract shall read: The contract shall expire on September 30, 2011,
2, The remaining provisions of the contract dated June 21, 2006 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,
(SEAL)
Attest Danny l. Kolhage, Clerk
Board of County Commissioners
of Monroe County
Deputy Clerk
Mayor/Chairman
(CORPORATE SEAL)
Attest:
3406 North Roosevelt Blvd Corporation
Secretary
4, ~
/;~/fr ,/ /~v___
J President
By,
By
Print Name
R it~ T(<A.)"V\
Print Name
OR TWO WITNESSES
(1 )
(1 )
(2)
(2)
Print Name
Print Name
Amendment # I
Corporation Agreement
MONROE COUNTY ATTORNEY
APP~OVEp AS T,9 FAR~: p
C. l !. l rf, ( ,'" 1- f ,'( /
C,YNTHIA L HALL
ASSISTANT COUNTY ATTORNEY
Date ,I. -1 ~7) ')JO / j
AGREEMENT FOR EXECUTIVE OFFICE SERVICES
MONROE CO' INTY TOURIST DEVELOPMENT COUNCIL
THIS AGREErvlc.NT is made this JI.a! day of /L A. ,2006, by and between
the Board of County Commissioners of Monroe County, Florida~e 3406 North Roosevelt
Boulevard Corporation d/b/a Visit Florida Keys (Provider), a corporation incorporated in the State of
Florida.
WHEREAS, the County is authorized to contract for the provision of services for operati,l;J an
executive office for tourism ~'~f)n .o(on by Monroe County Code Sections 2-299 (D)(E);
WHEREAS, Pre 'fiCii;;:~ '<r;f,~reated for the purpose of continuity in the provision of sait'" ".;i'.!io:>e .
/ \ .
and
WHEREAS, Pro'/ider '18;0 's,l:A.>ractorily provided such services for fourteen years; and
NOW, THER?=FORE, for Cind in consideration of the mutual covenants contained ~erejn, the
parties agree as follows:
1. Contract P:q':!'d" ThL; agr~@lnent is for the periOd commencing October 1, 20'::A through
Septemb::.1' ?:'. .:'(1')9, unless earlier terminated pursuant to paragraphs 9 and 1 J bE"-" I"
County h8S arl c;..~(X, tu extend this contract for an additional (2) ~ear perio(.; _. )0nd the
initial aw;;.; ;--: ~~'''ement of both parties.
2. Scope of ~<::ryll.;t:6. I lie Provider shall provide the work plan and services descrj'
in Exhibit .' .~to and incorporated herein by reference. The Pro
provide co:; 1~'.tC''""~ '/'!r:::onnel necessary to perform this agreement and shall bp I
responsible for I;',.c' ;,;C88Sful completion of services required under this agreement.
3. Payment:
(:(
A) County shall pay from tourist development tax funds, an amount not to exceed
One Million, One Hundred and Seven Thousand Dollars ($1,107,000.00) for the contract
year ending September 30, 2007. For each of the remaining years, under the
;
agreement, County shall pay from tourist development tax funds such amounts as are
established within the TDC budget approved by the County prior to each fiscal year. The
budget for period ending September 30, 2007 is attached hereto as Exhibit Band
/
incorporated herein. Payment is contingent upon an annual appropriation by the Board of
County Commissioners of Monroe County.
B) Payment shall be made as follows:
i) Provider shall submit monthly, to the County's finance office, an estimate
of payroll costs, including salaries and related fringe benefits, necessary
to be paid during the following month. The submitted documentation
shall include an accounting for the monies advanced previously for the
payroll costs. Payment for the following month's payroll cost will be
remitted to Provider in advance for the corporate employee pay dates
Corporation agreement 2006
1
" .,..f
provided the request for advance with necessary documentation has
been submitted to County's finance department in a timely manner prior
to said pay date.
ii) Provider shall be reimbursed for all reasonable & permissible corporate
expenditures reimbursable under County's guidelines and policies as
applied to the 3406 North Roosevelt Boulevard Corporation. Provider
may submit bills for reimbursable expenditures to the County's finance
office to be paid directly from County to any payee ertit',-~ to said
reimbursement.
4. BQ.J?fOS :J'f:cess and Audits: The Provider shall maintain adequat(' J", ';"Ji'ete'
" '''.'': (
records to JL;""f cF 'narges, expenses and costs incurred in performing the .., i:,. i~~4St'
three (3) y";:';, <c!r.er '(;' ~oletion of this agreement. The County shall have aCCE;;,;. ,:: sl.'ch book~i
records. and dOCUt,.;-3fHs ::oncerning the contracted services. The access to df10 in~per:ti9n {{f
such b~)oks, records, ,,110 documents by the TDC or County shall occur at ac;}' '2~:<";:;-;,"1b1,,' ti,;,-",
Provider 'If/otJrS(aill1 th:.t it shall be responsible for any and all audit exC'~ptions identifiec. :)y
TDC O( County. Any clllient or subsequent contract awards will be offset by '''e 2.mOlint of am
audit ex :~ptions. .
5.
e,"~ '":''In;'y/p'r>':!Qals:
"
,<
A
,. (
Nider acknowledges that a major reason for its selectior; . . !o
, "//.)
:; 1 the services described in this agreement is the (i'" '~nd"" ,
~.' ; ,:ience of the principal personnel and board of directors 01' ," . The f'
p.A1der therefore agrees that the directors and officers shall '- !3nmarily"
(08ponsible for the performance of this agreement.
The Provider may employ such personnel as are necessary to provide the
services subject to availability of funding by County. The Provider may establish
employee contracts for the principal personnel needed to provide the services.
Provider agrees to provide documentation or evidence of the actual amounts of
time expended by its personnel upon request from County.
Directors and Officers of the Provider are the same individuals who have been
l'
, ,
B)
C)
appointed by County as TDC members.
6. Offices: County shall provide in addition to the sum in paragraph 3(A) such
premises, equipment and supplies as are required for the day to day operation of the executive
office pursuant to County policy and guidelines. As of the commencement of this agreement,
said premises, equipment, and existing supplies are located at 1201 White Street, Suite 102, Key
West, Florida. All additional procurement for use by the executive office shall comply with all
statutes, ordinances, rules and regulations governing such procurement by the County.
Corporation agreement 2006
2
1
7. Independent Contractor Relationship; The Provider, is and shall be, in the performance
of all works, services, and activities under this agreement, an independent contractor and not an
employee, agent or servant of the County. The Provider shall exercise control, direction, and
supervision over the means, manner and personnel in which it and its employees perform the
work. In all respects, the Provider's relationship and the relationship of its employees to the
County shall be that of an independent contractor and not as employees or agents of the County.
Moreover, the Provider shall have no authority whatsoever to act on behalf and/or as agent for
the County in any promise, agreement, or representation other than specificallv Pfuvided for in
'> .,'
this a9m '.'0t The County shall at no time be legally responsible for any ne~:. ~,' ,'~ .! (.n'the part
,- ,'>'>
of PrG,:: c.' ,'. .~rnploye~s or agents, resulting in either bodily or person", orop~rty
~- ,. '. _ I '-;.~ ",' / L___
damage ',) ,'7';' inJividUflI".Pr:Qvider or corppration.
:::'---:'''<!c::::...-
8. pr,i::UClil::vn.;. Additions to, .modjficati90 to, or -deletions from the ' -.~. " " n, ,.: 2!.':J/or
cosis of wOlk Sl?t tanh in this agreement may be made onry by amend"'; '. [,'; l.;!;S agrf'J ~nt
which must be approved in writing by the County. No modification shall t, ?('T ',1 effac:,.':;. ",out
writtenLapproval of C0unty.
9. Termin~,t};;l!~or Breach: The Provider may immediately terminate !~is agn'l€fk 'G'( any
>
breach Of thE tf:'ni ; contained herein. Such termination shall take place im" .,. .eceipt
l ~ '
j ,aid termination. Any waiver of any breach of covenar: ,: :,ed to
,",,, ~
':ned by Provider shall not be deemed or considered as a t; '<Jar and
" '{ / ..
, . to bar or prevent the County from declaring a forfeiture w, ';"jA:.~ceedirig
'- r (. (
breach ~H. .'..' the same conditions or of any other conditions. .. '-""
1 O. I~i~j~ation: Termination of this agreement shall occur at the natura; ending defte, or'
earlier should County determine that there has occurred any material breach of any covenants
herein contained, a change in organization of either Provider or TOC occurs, or the source of
funds be exhausted, eliminated or otherwise cease, or the County otherwise deems it is in the
best interest of the County to terminate. Termination by County may be with or without cause.
of v.,. .Hell ,,:; .
!~
\~
be k.:, 1 ~i
shall '~<,
A)
In the event that funds are partially reduced, the parties hereto shall
negotiate the terms of this agreement. If no agreement can be reached
within sixty (60) days of notice of reduction of funds, this agreement may
be terminated at the County's option upon written notification to the
Provider.
In the event County terminates for breach of contract, termination shall
be effective immediately or at such time as County shall declare in its act
to terminate for cause.
B)
Corporation agreement 2006
3
C) In the event County terminates without cause, the termination shall not
take effect until at least one hundred and twenty (120) days subsequent
to written notice to Provider.
<,
County shall not be obligated to pay for any services or expenses incurred after the effective date
of termination except for those expenses incurred to terminate the corporate existence and to file
returns and reports required by governmental agencies.
11. Indemnification and Hold Harmless: This Provider will be required to indemnify and
hold harmless the County and provide insurance as per Exhibit C.
-.J,'
12. i).:/rnits: The Provider shall secure all required permits, and/o:- ~;;_,-,:n~~es necEi-s~ary
C I ,
for H~ ,." -, ~ment, subject to reimbursement or direct pay provisions of pai"c.i;';o<(;h 3. ') , .
< !. ~'
1 ~ L1.{I':~J~rJd Requlations:
I~.\ rhis Agreement ..shall O~ cqns!rued,by anq governed un-i('t the !;:'w:;) pi Ihe state
uf Florida unles~ in. an area of law pre-empted by fedu al3w. Provider agrees
that the venu~ of any disp.ute shall be in M<;>nroe Cour{~'; ;""1.-.,1::13
Provider shall comply with all laws including but not limited to tb'E3ted in
Exhibit D.
The Provider shall comply with all federal, state and:
applicable to the work or payment for work thereof, ann
(he grounds of race, color, religion, sex, age, gender prE.
or national origin in the performance of work under this agr:~
Any violation of statutes, ordinances, rules, regulations L,i.i/V"'Jtive orders
shall constitute a material breach of this Agreement and shall <,;1;;:le the County
to terminate this Agreement immediately upon delivery of written notice to the
Provider.
14. Taxes: The County is exempt from federal, excise and state of Florida sales tax.
15. Finance Charqes: The County shall not be responsible for any finance charges,
16. Severability: If any provision of this agreement shall be held in a court of competent
jurisdiction to be invalid or unenforceable, the remainder of this agreement, or the application of
such provision other than those as to which it is invalid or unenforceable, shall not be affected
thereby; and each provision of this agreement shall be valid and enforceable to the fullest extent
permitted by law.
17. Force Maieure: The Provider shall not be liable for delay in performance or failure to
perform, in whole or in part, the services due to the occurrence of any contingency beyond its
control or the control of any of its subcontractors or suppliers, including labor dispute, strike, labor
shortage, war or act of war whether an actual declaration thereof is made 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,
8)
c.
, i;::tVj~'"
: dinances
',::>.linate on
i;~.
'.,Jer identity
Corporation agreement 2006
4
~ ~
jurisdictional action, or insufficient supply of fuel, electricity, or materials or supplies, or technical
failure where the Provider has exercised reasonable care in the prevention thereof, and any such
delay or failure shall not constitute a breach of this agreement.
18. Assiqnment: Provider shall not assign, transfer, sublease, pledge, hypothecate,
surrender, or otherwise encumber or dispose of this agreement or any estate created by this
agreement or any interest in any portion of same, or permit any other person or persons,
company or corporation to perform services under this agreement without first obtaining the
"- '>'-
v:lritten consent of the County. In the event of such consent, this agreem.;~pi s',all be binding upon
.'/> ."
ti'f.': '"; "vider's successors or assigns, " ,
~ 9 l:.-,'l"iclosure: , The Provider shall be required to list any or ~1;1 !i'~'~',ntjatcon(Jicts of
irkll%t. ;:j", .defined by Florida Statute 112 and Monroe County Ethic;'; .-:>r :!:,f( 'C;' ~heProvider
C '-- "
shaH ,:is(',S;' to the County all actualqrproposed conflicts of in~, otherwi;e, ' .
direct 0~ Indireci involving any client's interest which may conflict \t. ': , , ") TOC or
County.
20, .t\.Jfditional Conditions:. The Provider agrees to accept <.' ,>
the use Of f\,,',ds or performance of work as may be required by fHderaL ::.:~8;;
ordinallc;'" regulation or by other policy adopted by County. SUi: j' ";:,0.
noi :'..,: r ,~. ~;ffective until Provider has been notified in writing and f
5",; 'f I, :. ,csed retroactively.
',:Dendent Professional Judaement: Provider shall at all L' :', .::..;.~V$e iridepeAdent
;:)'-r~:'''<il judgement and shall assume full responSibility for the S~Biv,>;, (,,<; /~o~;d~d and
;:> '. '
""'-x: !:j be completed. ' .
governing
.~. l')cal statute,
.-
:Jditions snail
~ ("--..,
"'~al conditions
'-,
22, Care of Property: The Provider shall be responsible to the TDC and County for the
safekeeping and proper use of the property entrusted to Provider's care, and to process all
documents necessary to continue, without interruptions, any maintenance or service contracts
relating to such equipment for its service life.
23. Ethics Clause: The Provider warrants that it has not employed, retained or otherwise
had act on its behalf any former county officer or employee subject to the prohibition of Section 2
of Ordinance No. 010-1990 or any TOC or County officer or employee in violation of Section 3 of
Ordinance 010-1990. For breach or violation of this provision the County may, in its discretion,
terminate this agreement without liability and may also, in its discretion, deduct from the contract
or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift
or consideration paid to the former TOC or County officer or employee.
24. Notice: Any notice required or permitted under this agreement shall be in writing and
hand-delivered or mailed, postage prepaid by certified mail, return receipt required, to the other
party as follows:
Corporation agreement 2006
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To Provider:
TDC Director
3406 North Roosevelt Boulevard Corporation
1201 White St., Suite 102
Key West, Florida 33040
To TDC or County:
County Attorney
P. O. Box 1026
520 Whitehead St., 3rd Floor
Key West, Florida 33040
:-
25. Insurance: The Provider shall maintain the following required insurance throughout the entire
term of this contract and any extensions. Failure to comply with this provision may result in the
~';;'1ediate suspension of all work until the required insurance has :-,:;(,n r~instatEld or' replaced.
(
t)f<\'{S in the completion of work resulting from the failure of t~w~ i~'!<'('. rl;JER foh,aintain the
r"'/'Uir~d insurance shall not extend any deadlines specified in thi~ '. ')1\>((:1;1 3nd any ~enaities and
f;':iiln<" \0 perf~m. assessments shaH be imposed as if the work r,p,; 'j : ,,,,~p ~l ':SPend.e~, except
~>
I:.A i>~,:dN'S failure to m~intain the required insurance.
fhe Provider shall proVide, to the County, as satisfactory eV:;jencf> . ,r tre reQUir6d insurance,
either:
.' - -,: ':"tificate of 4nsurance
"
.',
\ Certified copy of the aCtual insurance policy
,he County, at its sole option, has the right to requF'
'_<3 policies required by this contract.
j .. ,.rance policies must specify that they have a thirty (30) d"\' 'tY;( ..~ ,,{ can~ellati'~ri, non-
("'"",,-- -,',
,':::;dl, material change in policy language or reduction in coveragJ
. '
+ acceptance and/or approval of the Providers insurance shall not ::8 constru~d.asr relieving
the Provider from any liability or obligation assumed under this agreement or imposed by law.
The Monroe County Board of County Commissioners, its employees and officials shall be
included as an "Additional Insured" on all insurance policies, (except for Workers' Compensation.)
as their interests may appear in all policies issued to satisfy these requirements.
Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared form entitled "Request for Waiver of Insurance Requirements", Any deviation
must be approved in writing by Monroe County Risk Management.
A. Prior to the commencement of work governed by this agreement the PROVIDER shall
obtain Workers' Compensation Insurance with limits sufficient to comply with Florida Statute 440.
In addition, the Provider shall obtain Employers' liability Insurance with limits of not less
than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of this agreement.
lUPy of any or all
( "
., ~
Corporation agreement 2006
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Coverage shall be provided by a company or companies authorized to transact
business in the state of Florida and the company or companies must maintain a minimum rating
of A-V1, as assigned by the A.M. Best Company.
B. Prior to the commencement of work governed by this agreement the PROVIDER shall
obtain General Liability Insurance. Coverage shall be maintained throughout the life of the
agreement and include, as a minimum:
* Premises Operations
* Products and Completed Operations
* Blanket Contractual Liability
* Personal Injury Liability
* Expanded Definition of Property Damage
~, . ~.. . .
Theminimum limits acceptable shall be:
$500,000 combined single limit
If 5tJ:it limits are provided, the minimum limits acc€;,":tk s},c'; ,y;
$ 250,000 perperson
$500,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If cove'.
. . :;,/, its provisions should include coverage for claims file:.:
"ement. In addition, the period for which claims may be rek.. . u
',. twelve (12) months following the acceptance of work by the (
~ lie Monroe County Board of County Commissioners shall be (i"';crud as Additional Insured as
their interests may appear (see attached document for full text) on all insurance policies issued to
satisfy the above requirements.
C. Recognizing that the work governed by this agreement requires the use of vehicles, the
Provider, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage
shall be maintain throughout the life of the agreement and include, as a minimum, liability
coverage for:
* Owned, Non-Owned, and Hired Vehicles
The Minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
,; ~,~ on a Claims Made
..i"'! effective date of this
.~ 'j extend for a minimum
26. Time: Time shall be of the essence as to this agreement.
Corporation agreement 2006
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27. Full Aqreement: This agreement constitutes the entire and full understanding
between the parties hereto and neither party shall be bound by any representations, statements,
promises or agreements not expressly set for herein and in duly executed amendment under
paragraph 8 hereof.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above
written.
3406 North Roosevelt Boulevard Corporation
I
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by~'M{ ;;,,, "~~~, '1-1~';J " _~
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p. :;;t tJ~,~;.,e
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Print Name
\. '~;q ,7- 1;'1 )
;:r'
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D1J~>ry L. KOLHAGE, Clerk
...."'-
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;:~'~1>.,-.
Clerk
Monroe Count'; 8(;:;.~
of County Con> w
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Mc.y, "f!"j ili;man
MONROE COUNTY ATTORNEY
APPROVED AS TO RM:...
SUSAN M. GRI SLEY
ASSISTANT COUNT ATTORNEY
S--~00
Corporation agreement 2006
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EXHIBIT A
SCOPE OF SERVICES
1,
Administration, supervision and maintenance 01 ,3 full-time office located in Key
West, Florida, used exclusively for the market!i/\:.l.;!ivities of the Monroe County
Tourist Development Council, an adviscr/ ;;i(;;:",1 to the Board of County
Commissioners, " Regular hours of busines!:, $(\a;; ,",,;, r"un: 9:00 a,m, to 5:00 p,m"
Monday through Friday, excluding holidays t)bserved by County. Provider shall
provide a full staff for executive services of T0C busine~s and shall keep the
executive office open to the public and CO'Jnty during reqular hours,
Implement the policies, procedures and pr)gralll&,;::~tjiifjhed by the TOC under
the guidance of the governing board of the i ;(~,;,. \
Promote Monroe County tourism in domesL,... {, '.c"'j ;fltional markets within all
marketing efforts within authorized uses of r;','i,~ '1...':".- m.,rsuant to Florida Statutes
and Monroe County ordinances,
Supervise all marketing, including advertising, public relations, sales, film
commission, website promotions and market research responsibilities for the
TDC,
r,
C
5, Develop and implement an annual marketing plan,
6, Develop, present, and implement the annual TDC budget in accordance with
Florida Statutes, Monroe County ordinances and county procedures,
7. Prepare and maintain TDC documents, records and reports required by TOG
and/or County,
8. Maintain the existing policy and procedure operations manual, updated as
required by TDC and County directives, and adhere to its provisions.
Corporation agreement 2006
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9. Develop and coordinate agreements with any sub-contractors or agencies of
record,
10, Place public notices required for all meetings of the Tourist Development
Council, District Advisory Committees, Umbrella Advisory Committees and all
other committees of the TDC, Prepare and deliver to committee members and
designated recipients the agenda packets ti":,;' InG meetings, Attend, record, and
I transcribe minutes of all such public meetinlJ~-;.
! 1 DEwelop and ~c~ordiriate appropriate requ ~,,~ (ell' li~'oposals/bids and agreements
on'eventand capital project funding, Of:'~;;)i a'.J~hvn.(B:J funding on behalf of the
TDC and County,
12 Assist the coordination .and communication between and amofigfhe Advisory
Committees of the TDC,
'1.' Coordinate l3ubltc' ndtke of District ,.".iviSOl\! C .(;i,';llittee member vacancies,
receipt of' applications; 'distribution to TII,lrC ,'\:, ;;ommittee and subsequent
approval by the TDC or County as applh ,. ,
; 4, Provide to TDC and County all financiai irdo;~mj~i('n available regarding requests
for advertising, marketing, public rela,iu:'\s, sales and event or capital
expenditures
15, Maintain all appropriate insurances required by County and maintenance of
corporation fees and tax returns,
16, Produce an annual report for the TDC and the County,
Corporation agreement 2006
10
EXHIBIT B
ADMINISTRATIVE BUDGET
Salaries & related costs
Ins!Jrance & related corporate costs.
$870,000
~?37,000
$1.107,000
*
accounting- fees:-
401(k) Profit sharing plan fees
legal fees
annual corporate fees
bimk charges
medical/dental insurance
. worker"s compensation
general liability & content insuranc~
directors & officers insurance
professional liability insurance
auto insurance
, '.
.< .' J .. _ .
office supplies & equipment not covered by county
travel expenses: airfare, lodging, meals miscellaneous advance travel
costs
familiarization (FAM) related costs not covered under purchase orders
sales missions and promotion costs not covered under purchase orders
educational classes/seminars/workshops to develop & advance work
related skills
training and educational aids
cash on delivery (COD) items/postage due
sales related purchases i.e. books, promotional items
Corporation agreement 2006
11
AMENDMENT TO AGREEMENT
, THIS ADDENDUM to agreement is made and entered into this / q Itay of
;VI ,+ i 2004, between the Board of County Commissioners, Monroe County, Florida
(hereinafter referred to as County) and 3406 North Roosevelt Boulevard Corporation
d/b/a Visit Florida Keys (hereinafter referred to as Provider).
WHEREAS, there was a contract entered into on July 19, 2001, between the
parties, awarding an agreement for the provision of seNices of operating an executive
office for tourism promotion; and
WHEREAS, County and Provider cur")":~:/ h:we a contractual arrangement for
seNices through September 30, 2004; and
WHEREAS, the agreement provide~;~ elf; :)ptiC;""l fo extend the agreement for an
additional two years; and
WHEREAS, jt is deemed in the pu~' !;(; interest to exercise said option;
NOW, THE;REFORE; in consideration of the mutLi2:: covenants contained herein
the parties agree to the amended agreem:~!1t as folk),;".~;
1. Contract period as outlined Ii, ,. 'v ,:,hall be extended to
September 30, 2006.
2. The remaining provisions of th;. < e;,~ ~ldted July 19, 2001, not
inconsistent herewith, remain in full force an,)
IN WITNESS WHEREOF, the parties h:c,d(' ::;;d their hands and seal on the day
and year first above written.
"
3406,North Roosevelt Boulevard Corporation
'1 _
//k~/{~~~ /'') L ,(fi/~_
President .' ;X)
(SEAL) .
ATTEST: DANNYL.KOLHAGE,CLERK
~{l ~-t-L c. !SlSj o/Y\.tvJ
/
Deputy Clerk
BOARD OF COUNTY
COMMISSIONERS OF
MONROE COUNTY, FLORIDA
~(~
Mayor/Chairman
'- 'JUUNTY AT IC;;:;',_ '
,S' .....ANNE A. HUT ON
, ,":_~!~S TMH ~~~~~~~___
AGREEMENT FOR EXECUTIVE OFFICE SERVICES
MONROE COl'NTY TOURIST DEVELOPMENT COUNCIL
THIS AGREEMENT, made this /f " , day of , 2001, by and between the
Board of County Commissioners of Monroe County, Florida (hereinafter referred to as County) and the
3406 North Roosevelt Boulevard Corporation d/b/a Visit Florida Keys (hereinafter referred to as Provider),
a corporation incorporated in the State of Florida.
WHEREAS, the County is authorized to contract for the provision of services of operating an
ex,:~~_. .( office for tourism promotion; . . .
Ii :~ifREAS, Provider was created for the purpose of continuitv ,.r,~ )~(\jlsion of said services;
,-md
J.'~l:REAS, Provider has satisfactorily provided such serviceg h ;:1'1'," y,:",' < dnd
"':., ,-,(~: AS, the Board of Directors of the Provider con~~-.itute'" :fie '"'Jk)l, 't"e County. Tourist
O(weloprnent COlincil (hereinafter referred to as TDC) members; anj
NOW, THEREFORE, for and in consideratiqn of the mutual covenants contained herein, the
parties agree 8'" follows
"~,, "1":":"I,tract Period: This agreement is for the period Gommencing Oct":J~.f 1, 2001 through
::'ptember 30, 2004, unless earlier terminated pursu,c,nt to paragn.:r,~, 'J, 10 or 12 below.
1'.1 nty shall not be obligated to pay for any services v F"r'" i . ,.1e effective date of
:mmation. The County has an option to extend thi : additional (2) year
:"riod beyond the initial award period, upon agreement c.
Scope of Services: The Provider shall provide the work V:I" c. ,.~.; "ices described in detail
in Exhibit A, attached hereto and incorporated herein b,~"': c. :;:;:~. The Provider shall
provide competent personnel necessary to perform this.," r~~,J.nt and shall be wholly
responsible for the successful completion of services required under this agreement.
3. Payment
A) County shall pay from tourist development tax funds, an amount not to exceed
eight hundred and fifty-four thousand dollars ($854,000) for the contract year ending
September 30, 2002. For each of the remaining years, under the agreement, County
shall pay from tourist development tax funds such amounts as are established within the
TOC budget approved by the County prior to each fiscal year. The budget for period
ending September 30, 2002 is attached hereto as Exhibit B and incorporated herein.
B) Payment shall be made as follows:
i) Provider shall submit monthly, to the County's finance office, an estimate
of payroll costs, including salaries and related fringe benefits, necessary
to be paid during the following month. The submitted documentation
shall include an accounting for the monies advanced previously for the
payroll costs. Payment for the following month's payroll cost will be
Corporation :,eye' mer'lt
.>;,
remitted to Provider in advance for the corpof3te employee pay dates
provided the request for advance with necessary documentation has
been submitted to County's finance department in a timely manner prior
to said pay date.
Ii) Provider shall be reimbursed for all reasonable & permissible corporate
expenditures reimbursable under County's guidelines and policies as
applied to the 3406 North Roosevel~ Boulevard Corporation. Provider
may submit bills for reimbursable ee,"- ..0i~\lres to the County's finance
office to be paid directly from r'''~,i'r" 1.Ci any payee entitled to said
reimbursement.
4. Records - Access and Audits: The Provider sf ;n 8dequate and complete
'.">cords to JUS<tl!~. all charges, expenses and costs int.' ...; if, ~:C":'I". :-,;"g the work for at least
t'i!':'e (3) years after completion of this agreement. Tr::: C0Jnty shall have access to such books,
records, and documents concerning the contracted ',ervices. The access to and inspection of
SLie'l books, records, and documents by the TOG .x County shall occur any reasonable time.
t":' 0vider und~stands that it shall be responsible fcrany..andall aud;\ ,"xceptions identified by
"DC or County. Any current or subsequent contrac~ ~v/:1r::!s lid!. be~;' ;~t by the amount of any
?Jdit exceptions.
, Personnel/Principals:. .
A) The Provider acknowledges that a ma::,election by the County to
perform the services described in ti', '.'; '"( ..; ,t is the qualification and
experience of the principal personnel t; '.4. ;-'r";;~'li>jr has represented will be
responsible therefor. The Provider th'~" "'~iiees that the directors and
officers shall be primarily responsible for the pt'''cOlmance of this agreement.
B) The Provider may employ such personnel 3S are necessary to provide the
services, including that of Film Industry Liaison, subject to availability of funding
by County. The Provider may establish employee contracts for principal
personnel. Provider agrees to provide documentation or evidence of the actual
amounts of time expended by said personnel upon request from County.
C) Should any material change in the directors and officers of the Provider occur
during the term of this agreement, the County may require for the Provider, as
newly constituted, to provide such documentation of ability of new principals to
continue to perform this agreement. Such assurances of ability to perform shall
Include, but not be limited to histories of related experience of directors and
officers.
"..J1~:+
.@;
Corporation aqreclnellt
2
"',1'",
.)'if.
6 QffJfes_ County shall provide such premises, equipment and supplies as are
reqL:ired Tor the day to day operation of the executive office pursuant to County policy and
guidelines As of the commencement of this agreement, said premises, equipment, and existing
suppiies are located at 1201 White Street, Suite 102, Key West, Florida. All additional
procurement for use by the executive office shall comply with all statutes, ordinances, rules and
regulations governing such procurement by the County.
7 Lns~endent Contractor Relationship: The Pro\:ij:':,s and shall be, in the performance
, of ,ail works, ;;ervlces, ar1d activities under this agreen :':l1t ;,.i:r-dependent contractor and not an
employee, agent or servant of the County. The PriM:";' ';;8: ~3xercise control, direction, and
supervisj.cn pver the..rnea[ls and manner and perso! q:~ i ;: i "I. I': and its employees perform the
woft.., In. all resp'ec;t~,.the. Provider's relationshir "c ;,,' dF~ r :::ial;,n~;hip of its employees to the
County shall be that of an. independent COr'ltractm ,;;n:J not as employees or agents of the County.
Moreover, the Provider shall have no authority Wl1i::ltsoever to act on behalf and/or as agent for
the County in any promise, agreement, or representation other than specifically provider for in this
agreement. The County shall at no time be legally responsible for CleW negligence on the part of
said provider, Its employees or agents, resultir\; in either :;odL:y :;f personal. injury or property
damage to any individual, firm or corporation.
8. Modification:. Additions to, modificatiof;' " "', ,':um the Scope of Work and/or
costs of work set forth in this agreement may Ix ."mendment to this agreement
which must be approved in writing by the County. f~. f,,')o!{,G,j:hi, shall become effective without
written approval of County.
9 .s,.each and Penalties: The parties agree ton)j:'d,ymance of the covenants contained
in this agreement, and the County reserves the right at its discretion to terminate the services in
this agreement for misfeasance, malfeasance, or nonperformance of the agreement terms of
negligent performance of the agreement terms by Provider. Any waiver of any breach of
covenants herein contained shall not be deemed to be a continuing waiver and shall not operate
to bar th.; County from declaring a forfeiture for any succeeding breach either of the same
condition', or covenants or otherwise.
10. I,.:rmlnatlon: Termination of this agreement shall occur at the natural ending date, or
earlier should County determine that there has occurred any material breach of any covenants
herein cor,tamed, a change in organization of either Provider of TOC occurs or the source of
funds br::::xhausted, eliminated or otherwise cease, or the County otherwise deems it is in the
besllntel'ot of the County to terminate. Termination may be with or without cause.
Corporatl(!!: .
-'.;(','1',:
3
-"
A) In the event that funds are partially reduced, the parties hereto shall
negotiate the terms of this agreement If no agreement can be reached
within sixty (60) days of notice of reduction of funds, this agreement may
be terminated at the County's option upon written notification to the
Provider.
B) In the event County terminate~ for breach of contract, termination shall
-be effective immediately or p: '> 'd: time as County shall declare in its act
-to terminate for cause.
C) Ih the event County terr,::I;:I,o~' ",':(1(:';lt cause, the termination shall not
take effect until at least.I"";(:; :";':c'\/:.-ond twenty (120) days subsequent
. - to written notice to Pro,;! -1,.;;-
--<'_I
c "'-"---_
--.
County shall not be obligated to pay for any s~;,-vi(;~s or expenses incurred after the effective date
of terminZltmnexcept for those expensesincured to terminate the corporate existence and to file
returns and reports required by governmental agencies,
11_ -Indemnification and Hold Harmless: This Provider vI;;! be required to indemnify and
hold harm less the County and 'provide insurar,c0 <.<(, per Exhii:.\! '.::;,. . ,. '-".
12. .E.ermits The Provider shall se-,> ':'(.,;;'_'.: ,;rmits, and/or licenses necessary
for this agreement, subject to reimbursement C I, ' .;Ions of paragraph 3.
13. lcaws and Requlations:
A) <" This agreement shall be constw':t'. !j,. '::'(-; \)'cNerned under the laws of the state
of Florida unless in an area of :;Ci'~' p<c.'(::)Led by federal law. Provider agrees
that the venue of any dispute to lit': ij' 1!;,:.r(rGd County, Florida.
8) Provider shall comply with all laws inCluding but not limited to those listed in
Exhibit D.
C) The Provider 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
D) Any violation of said statutes, ordinances, rules, regulations and executive orders
shall constitute a material breach of this agreement and shall entitle the County
to terminate this agreement immediately upon delivery of written notice to the
Provider
j,'
1~~\;f
14 The County is exempt from federal, excise and state of Florida sales tax.
15r;'~eJ;_!lcJrqes..: The County will not be responsible for any finance charges.
Corporation ::'(JI( '1:,11
4
16 :~'-2v~@b!ill:L If any provision of this agreement shall be held in a court of competent
jUrisdiction to be invalid or unenforceable, the remainder of this agreement, of the application of
sllch prG'/lslon other than those as to which it is invalid or unenforceable, shall be affected
therebY'lna '23Ch provision of this agreement shall be valid and enforceable to the fullest extent
permittee by -3',11
, -
f
17 t~2cce L10.iSure The Provider shall not be liable for delay in performance or failure to
perform I) whrw C^ !n part, the services due to the occurrence of any contingency 1}2lii'ld its
control or the ("0:,")1 ':;' any of its sub-providers or suppliers, including labor dispute,'i;, .':')Qf
shortage V,,'.I ,;. ';\i3r whether an actual declaration thereof if made nor not, insU'T,;c,-,;"
sabotage r'ot or CiVil con1motion, act of public enemy, epidemic, quarantine rest(\:~tior., accident,
fire, expl,)sioI1 :::torrn. flood, drought, or other act of God, act of any governrriontal,authority.
jurisdlcticlal action, or irlsufficient supply of fuel, electricity, or materials or sup~E-C$; or (edil""j;',~;:!1
failure where the Provider has exercised reasonable care in the prevention ther8of, and any sLlch
delay O!' failure shail not constitute a breach of this agreement. The Providc>r shall notify the
County of any neiayor failure to perform within five (5) days of such action. IJPOtl dem8nd of
County, tile ProIJ-ider mu::,t furnish evidence of the causes of such delay or failure.
18. '- cisl;~nr:l[~i1L Provider shall not ''assi"gn, transfer, subtease, pleC!gi, hypothe~~te
surrende:', " (:Jl encu'nber or dispose of this agreement or any estate (,,;'-::dF>d b~,'
agreeme, ,.;',; "If! any portion of same, or permit any other pe,s'- IF ',',- '.'
companYotlo" j. :Jerform services under this agreement without fil.:it
written CUI !:ent of the Cour;ty. In the event of such consent, this agreement shall t1p ililJ"finq upon
the PriJVlcJel s c,'!cr:essors :ji assigns.
19. The Provider shall be required to list any or all potentl;:.; ~n"
interest, 'ClS (kflfled b'y riorida Statute 112 and Monroe County Ethics Ordinance. The Pro\:;c~er
shall dlsc'os~ .~'e C0unty all actual or proposed conflicts of interest, financial o( '1M"<:;c,
direct or illdlr2ct : ',e-oiving any client's interest which may conflict with the interest of thf. me or
County
20. t,--d_cJ'lLorJ.<:J!.Qonditions: The Provider agrees to accept additional conditions governing
the use of fUllds or performance of work as may be required by federal, state or local statute,
ordinance or' regulation or by other policy adopted by County. Such additional conditions shall
net becole 'tk:ctive until Provider has been notified in writing and no such additional conditions
shall be ,etroactively.
2i ;~ l.c~oper..c:~nt Professional Judqement: Provider shall at all times exercise independent
Jwigement and shall assume full responsibility for the service to be provided and
work t'J f- :ted
;\
In
"",
Corporat!' 1r1 ,I' ",' I
5
;"
)t:;,
,~
22. Care of Property: The Provider shall be responsible to the TOC and County for the
safekeeping and proper use of the property entrusted to Provider's care, and to process all
documents necessary to continue, without interruptions, any maintenance or service contracts
relating to such equipment for its service life.
23. Ethics Clause: The Provider warrants that it has not employed, retained or otherwise
had act on i~s I-,ehalf any former county officer or employee subject to the prohibitio~ --,f Section 2. '
of Ordir~,,,,'! >,c' ;10-1990 or any TOC or County officer or employee in violatk',\' ':>;,t"on.:-3 of
Ordinaru! C": I: For breach or violation of this provision the County m;> ;1';: .::s(;fetidri:;,: '-
termin,::,iE:. this ;;.y--:,(\;-nent without liability and may ~Iso, in its discretion, ded!,,:t., Jill 11!".'o!'tract
or purchase ,'( 'Ci"; 0: ;Jtherwise recover, the full amount of any fee, commiss;c :'lcl"Cnr:;lgf:, qift <-
or considerBcicn p8id tn the former TOC or Countyo.fficer oremployee:
24. Notice.' P,ny n: .'~e required or permitted under this agreement shall be in writing ant)
hani-delivered O' mSlIledo postage prepaid by certified mail, return receipt required, to the other
pa:i.y as foHuw$
To Provtde.
340f Nortt", :: C.JS' 'v. i( r:.iulevard Corporation
120'; ~^JhiteSt, SL:~"7 tl2
Key 'C,<~"t ';:'iorida .3,.1" j
To TOC or County:
County Attorney
P. O. Box 1026
520 Whitehead 8' 3id cko;
Key West, FloridC' ..'n'~(J
25."'4.hall be of the essence as to this agreement.
26. ~!I!f AS""='>:'i>:11t: This agreement constitutes the entire an ',/ 11~' ......'.'jiQ9 /. ~_
between the paru" ':('!'(."j and neither party shall be bound by any represer:,~';. d"~);';'i'eots, ~,
promises or agr':"~,rnun.. ;"'; expressly set for herein and in duly executed amendment
hereof.
:". " , :Graph 6/
I~/ tlt3'5 :1~;'l~EOF, the parties have executed this agreement the day and \.:' .' ,,~st aboVg<
/ 4f:' . I ",,#, ,\
written. I ~ c:::.;-' ~";J \.~::\,
jp }"'llIJ''';Y'> I ~J \~.\\
~*\:'. jr'fl'tl.'~\ ,: ~',\,./~'"
J -,I r, .s: ~ .,t , d ~
,~ t '" j /I-<~~~
',t . -.r:~..{.___" ~j
\", - ~_ . :1
3406 North Roosevelt Boulevard Corporation
by /k /('" ; (f;\(}d !iL. ,
President '..
~Q.\~~) D.c..
~j'"
(SEAL)
"
",. ...
~
4- -
" -y,~ -"'r """', r
;-, ~:~ -, 1
oe County Board of County Commission
f/)
1..::::.t.A-
c
\ , .
Mayor/Chairman
< ... TF
Corporation agreement
6
d
. 2.
"~ 3.
EXHIBIT A
SCOPE OF SERVICES
1.
ACjmll~i;;1 ,'on, maintenance and supervt~ion of full-time o1i;':<;,';:.8;,"',H~n \Key
Vvest, j"':u~ i'-lH, and 'Used exclusively for activities of the MOfJI J~ Glr.!";, ~oudst
DevelopiT:t'i Councit';'" anadvisoiy board to the County, ht,guLat h'J!Jrs~ of
business shafi b,) from 9:00 a.m. to 5:00 p.m., Monday thr'lugh Fnday, excluding
holidays observed by County. Provider shall provide a full staff for executive
services ofTDC'business and shall keep the executive On:jGB ol-ll::n to tilEll:ublic
andCountydunng said hours.
Carry out tho policies, procedures and programs establi:::hed by the 'TOt under
the ]uidanc:~d the governing board of the County.
:,"hc'nAe f " ~e County tourism in domestic and internati, >~. :.hin all
~ naikewl~, ~....,\jis of authorized uses of revenue pursuant k: " 'i.,'!."", :..";~ l[es and
~.'10nrop I "~:'.;nty ordinances. . .~< c, .
Si 'pen iC"" ull marketing including advertising, public relati,:r . website
pro~T\f.-:::~:<!3 and market research responsibilities for the TDC. ) ~. ,~I"
DeVE;ii/: hnd implement annual marketing plan. '<
Develop, present and implement annual TDC budget in accordance with Florida
Statutes and Monroe County ordinances.
Prepare and maintain TDC documents, records and reports required by TDC
and/or County.
Maintain the existing policy and procedure service manual, update as required by
TDC and County directives, and adhere to the provision of said manual.
4.
5.
6.
7.
8.
Corporation agreement
7
11.
12.
l:~~ " 1 3.
~~-:- -1i.~
i$:.~ , ~":'
..
t~ " 'to 1 4
'"H:,- :;f.-
..,
15.
16.
9. The placement of public notices required for all meetings of the Tourist
Development Council, District Advisory Committees and all other committees of
both; preparing and delivering to designated recipients agenda packets for said
m(:')(=~ti;Jgs; attending, recording, and transcribing minutes (jf all slich public
~'_ :.: i",~'~-]:t";"
- ... j~ .. ,
10.
DEi"p-:: f):) and coordinate with any sub-contractors or 8.C;::1 ,,~W:~ ,~f reeordras it
relats::c iO;('jre-ements for the TDC and/or County. . r ,~
Develop a: ,:; coordinate appropriate request for propo;s.ils/bids :.ai<S r"weements
on event funding and capital projects' funding' on behalf of tne TOO and (~ounty.
Assist coordination and communication between and among the District Advisory
Comm ittees
ProvK:JeioTrC and County all financial information available regardio:: requests
foradvertisir .J, marketing, public relations and event expenditiJres.
Cccirdin8te )ublic notice of District Advisory Comn ;itte,::' onE"~ It
d ~pplications, distribution to nomination--cc,'lr' ,; i
aprr;w" the TDC or County as applicable.
M&;;.:~~: i rill appropriate insurances required by County ",n.. f '~;iqtenartoe of
C<.'i:.. '..~j'_;::;f1 fees and tax returns.
'acancies,
:"Jbsequent
<'
cc----- '
.- ~. , .
F;i)!i)f.:;i:~ an annual report for the TDC and the County.
I
> ~ " \.
,., '
Corporation agreement
8
EXHIBIT B
ADMINISTRATIVE BUDGET
SaJari~$ i.Y. related costs ~ _
r----' - ~
Insurance &: related corporate co~ts*
$709,01]0
$145,000
$854,000i
/_" .... ~7 <, '.;;:,?-
account~r:g fees
legal fees'
annual c~rporate fees
bank charges
med~,-;;:,I/dental insurance
WGt;' s compensation
.~f't'I,:,~ liability & content insurance
1k~(~,t.."rs & officers insurance
;lC"'--,:::--:;-_~
pr(r~'~ssionalliability insurance
3P,1:,:, insurance
" <",~
~-'"
off3ce supplies & equipment not covered under purch~'.;~ orders<..,'
!Jewel expenses: airfare, miscellaneous advance tra\i€,1 ;.70Sts I
familiarization (FAM) related costs not covered under purchase order's
sales missions and promotion costs not covered under purchase orders
educational classes/seminars/workshops to develop & advance work
related skills
training and educational aids
cash on delivery (COD) items/postage due
sales related purchases i.e. books, mementos, bags, etc.
Corporation agreement
9
11Il I'rinl in/;
EXHIBIT C
MONROE COUNTY~ FLORIDA
INSURANCE GUIDE
TO
CONTRACT ADMINISTRATION
General Insurance Requirements
for
Suppliers of Goods or Services
As a (':e ;.,;quisite of the work governed, or the goods supplied ur<1~r r:ontract (including the
prc-st!lgii";r; of personnel and materiaJ), the Vendor shaH obtain, ;~i h;~'~j;;.r 'JV1In' ~pense, insurance
as specifie.:f in any>atfached schedules, which are made part of thIs comr",.:t.TII'e' Vendor will
ensure tba':.~e inS\ll:3Jlce obtained will extend protection to aJJ Sub(;on~rl\.;:;t 6rs' engaged by the
Vendor. .As :Lil alternative, the Vendor may require all Subcontractors to 0b~a!n insu~nce
consistent ','itith the attached schedules. '> ~:.> .
';.,\. ,
ii,
'l")[}\>
..~. '.
The Vendor %'lH ;lot be permitted to commence work governeD by tbis,oomract (including pre-
staging ofpersohnd and material) until satisfactory evidence of the required insurance has been
furnished to the County as specified below. Delays in the commencement of work., resulting from
the failure of the-Vendor to provide satisfactory evidence oftbn. requ.ired inS;lr.u1CC, shaH no!. .
cxtenddeadlines specified in this contract and any penalties and failure to perform assessments
... jdIall Qe.imposed as if the work commenced on the specified date and time, exc~t for the
'vendor's failure to' provide satisfactory evidence.
H~",
"
~,CTIie. V;:~;,;dof" ....!:!1 maintain the required insurance throughout th~ entire term 0( :his contr'!~t and
;J!~~ extensk~''i ,,~?ecified in the attached schedules. Failure to i;(Jmp~/ with 'H' ~qovisiori may
,;,:fi:,:.s,tJ\ b i.f,.,. :i:;'~diate suspension of all work until the requirt":i i,:sor,;~~c. I;" >~eh reinstated or
.~}~"Ir':"~i!.":~""" .r:~ in the completion of work resulting from tl1(' !', ',: ..~, ".,dor to maintain
'.r:. i'-'G'...at.u !?~~jfance shall not extend ~eadlines s~ecified in this ~ontr(2.~l ar,d anYE€!ialties and
:\CfZ:/l!iJreta,.p~H.';.,m assessments shall be trnposed as If the work had nv'cb('f:':'listlspe~~ except for
(t,C Vendor':; ~:2.ilure to maintain the required insurance. ,~ c-
Tb'J .Vendll;' 3hall provide, to the County, as satisfactory evidence ",t 11:1' (~"'luiied j"surance,
eitL:;r: )
.I
!' Certificate of Insurance
:,
or
· A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract.
AU 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.
The acceptance and/or approval oC.the Vendor's insurance shall not be construed as relieving the
Vendor from any liability or obligation assumed under this contract or imposed by law.d
Administrative Instl\lction
1/47091
] n
')
"pol Zz. 1')').1
11Il l'rinljng
The Monroe County Board of County Commissioners, its employees and officials will be included
as "Additional Insured" on all policies, except for Workers' Compensation.
Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared form entitled IIRequest for Waiver ofIlIsur3nce Requirements" and approved
by Monroe County Risk Management.
~
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1 1
/\dminj~rative J,.,,;tm'..1ion
1/4709.1
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April 22. 1 'J'JJ
1 II I'rinl ing
MONROE COUNTY, FLORIDA
INSURANCE GUIDE
TO
CONTRACT ADMINISTRATION
Indemnification and Hold Harmless
for
Suppliers of Goods and Servkc.'f
.'- ,
1:11\;. Vendor covenants and agrees to indemnify and hold hal1tl;f'~"~ !\~.:mro~~o'unty Board of
COt!~j(r Commissioner~ front.anyandaJl Claims ((>r bodily inJ!J~Y n.li \:diifu. d~th), persona' injury,
aud r:;~perty damage (mcludmg property owned by Monroe C~.bj"W~" 1'l;~lti artY other los5c5,-
dammJ,;'~~, and expenses (including attorney's fees) which arise ('vt or: ;!",':;om1cCtion with, or by
reasm~ ;.$fservices provided by the Vendor or any of its 3ubcontracto~sf in any tier. occ."lsion~-'
bY the ii'~~:ligence, errors, or other wrongful act or omissiO:f cfThe V~lrit:lr odt$' Subconttacrors
in any tier.. their employ~ or agents. . ...
In tbe..event the completion of the project (to include the work of others) is delayed or suspended
.as a result nfthe Vendor's failure to purchase or maintainthcrequircd insunmce, the Vendor shall
indemnifY th~ County from any and aU increased expenses resulting from ~uch delay.
Tbee::cter',( ofJiability is in no way limited to, reduced, 01" lessened by dk.. dlsutantc reqQiremcnts
ccmta;n"'f. elsewhere within this agreement. ~ . .
^dministrative l'l'>truction
114709.1
u
April 22. 199:1
bl I'onting
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRAcr
BElWEEN
MONROE COUNTY~ FLORI()A
AND
'-.." "
f liar, to(the cpmmencement of work governed by thb '....,.';.,! ac~, Contr-9ctor shall obtain
;J\.":leraJ:LitJbi~~y, Insurance. Coverage shall be mainLl;r.;:,'t ~hi '.){1!),(tut theJife of the contract and
"Lmde,3$ a mmllI11,lm:
· Premises Operations
· Products and Completed Operations; ,
· Blanket Contractual Liability
· Personal Injury Liability
· Expanded Detlni,tion of Property Damzge
The mr' ':imum limits acceptable shall be:
$300,000 Combined Single Limit(CSL)
". -. ,
,~;- ,
,~
rf'ii ' i-imits are provided~ the minimum limits acce;t>mf,.!"!i~ :,'''.
., . ,
$100,000 per Person"
$300,000 per Occurrence
$ 50~000 Property Damage
t'..J. :~~currence Fo.nn policy is preferred. !fcoverage;~ r.r':''';';~':.:~,n a (:I~s. M~de ~olicy. its
"p,"1910ns should Include coverage for clmms filed on 0: <,d~H i etrectlv~ date or this contra~t.
. addition~ the period for which claims may be repone~ ~~h!FlhJtJxtend fOl;:a minimum oftwelve
f i 2) months following the acceptance of work by the COl'. .;, "
The Monroe County Board of County Commissioners shaH [,'; named a.c; Additional Insured on all
policies issued to satis1)r the above requirements.
1 J
Admini'-1ralivc Jrr.iruction
1147091
April 22. 19'.1.1
I sllTInting
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BElWEEN
MONROE COUNlY, FLORIDA
AND
>.,- ~'--
i~eoognizing that the work governed by this contraca r1'.-~'jiH'S 'rK IIse Qfvehicles. the Gontmctor,
V':..'lr to the commencement of work. shall obtain Vci"~de Liabi:;!;.^ Insurance. Coverage shall be
i~ rq;ntained throughout the life of the contract and include. as a m;";mum. liability coverage for:
· Owned. Non-Owned, and I fired V eh~cfes
The minimum limits acceptable shall be:
S)OO,OOO Combined Single Limit (CSt)
~,
,;jf ~:~jjt limits are provided, the minimum limits acceptable shi}U I)~-:
S 50.000 per Person
SIOO.OOO per Occurrence
S 25.000 Property Damage
The Monroe County Board of County CommissiOd?~i ::if,::.H r_)~, '~;lmed as Additionallnsurcd on all
C'7olicies issued to satisfY the above requirements.
1/'
^dministrativc Instmction
114709.\
April 22. I9<JJ
Isf I'rin/ing
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRAcr
BETWEEN
MONROE COUNTY, FLORIDA
ANO
".
< ~~ 'pfjol:!oth~ comm~n.c:e~~ 'ofwork govemetl by.tms(::(}{,ir:~:;:(. theContractor shall obtain
Workers' Compensation Insurance with limit!> suflicicnt to r~~j1ond to Florida Statute 440.
1" addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$IOO~OOO Bodily Injury by Accident
$500,000 Bodily Injury by Diseas~ policy limits
$100,000 Bodily Injury by Disease., each employee
'':overage shall be maintained tbroughout the entire termoftb: coritract. ,. ,.
/:';.Pc . .
~Coverage shall be provided by a company or :::0mpa.H;~s <' u:ed to transact business in tbe
,J, Imte ofFJorida and the company or compani,~, """ .:,. /' minimum rating of A-VI, as
\~~signed by the A.M. Best Company.
If the Contractor has been approved by tbe Flodd"JDt;;:'''lti'iHnt of Labor, as an authorized self-
insurel"~ Jhe County shaJl.reeognize and honor the Cont;(..J";:~~}tf8 status. TIle Contractor may be
required to submit a Letter of Authorization issiJ~ ny z~Jt;. Department of Labor and a Certificate
of Insurance, providing details on the Contractm.',s F~;.q.,;:;;;llflsurance Program.
If the Contractor participates in a seJt:insurance fur.:ct Oi! C~rtificate of Insurance will be required.
In addition, the Contractor may be required to sub!r!;~ uprlated financial statements from the fund
upon request from the County.
1 -
Administflllive Imirudion
EXHIBIT 0
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Provider shall comrlY with all Jaws, includfng but not limited to:
(1) The Natlona EnViro~;,:l!;taJ POUcy Act of 1989 (42 u.s.e. s.
4321 et seq.) and 2<11. c" !_,,, Part 59:
(2) Executive Order 139:;~~, :<;.;~c'<dpJain Management;
(3) Executive Order 1 !S?Q, P",jh.'dion of Wetlands;
(4) The, Endangered ;!Jp'?ci~~.~;., .;;.f 1973. as amended (16 U.S.C. sO
1531 et seq.):
(5) The Fish and Wildlife C.Jt:',irdlnation Act ot 1968, 8S amended. (16
U.S.C. s 681 et tJeq.);
(6) The Wad and Scene Rivera .;\Cf' of 1968, as amended. (18 U. S.
. C. 8 1271 et seq.J; . '.' .
(7) The Sate Dr1nkJng WatC"'Act"ot 1974. as amended (42 u. s. C. a
. 300f et seq.); .
(8) Sect10n 401 (t) of the Lead-Based Pa1nt Poisoning Prevention
Act, ... amended (42 U.S.C. 8 -4831 (b) et s~q~); .' .... '
(9) The Clean Air Act ot 1916.. as ~'ended' (42 U.S.C. s. 7401 et
seq.); .
(10) The Federal Water'PoUution. C(;n;~oJ Act or 1072. as amended
(33 U.S.C. I 1251 et &eq.); . '.... '. .., . ,
(11) The Clean Water Act 011977 fP<ll tic Law 95-217);
(12) The SaUd Wasle D,:~a,~ I.,~',' :~~ amended. by the Resource
Conservation &n.d R"c,,~ery A;..;, 1975 (42 U.S.C. 8. 6901 et
aeq.);
(13) Nofae . Abateme.~ p,,~ 'j'xtroJ: Departmental PoIfcy
J~lementation ~pUl'uu;.~.~.t.VF.: (0.. and Standards. 24 C.F oR. Part
. 52, Subpart B:
(14) Flood DIsaster Pr~tJ>>-ctf05 A.~~ fJt 1973, P.L 93.234;
(15) Protectlonot Hfatork lL"1t~ Cultural Properties under HUD
Progriuna, 24 C.F.Ft p~~,:: !i\t; .
(18) Coastal Zone M8naP:eni.(!)'i;.l At:: of 1972, PoL. 92-583:
( 1 7) Executive Order 1 f5Q;5" lJPmtectfon and Enhancement of The
Cultural Envfronmenr:
.(8) Architectural and Ccm[J;tt:'n~'t".:~on Standards;
(19) Architectural Barriers A!t fif 1968. 42 U.S.C. 4151;
(20) Executtve. Order 11296. tli;:luting to evaluation of flood hemrda:
(2 1) Executive Order 11288. relating to the prevention, control and
abatement of water poDutfDn;
(22) Cost-Effective Energy Conservation Standards, 24 C.F.R. Part 39;
(23) Section 8 ExJating Housing Quallty Standards. 24 C.F.R. Part
882;
(24) Section 319 ot PubJlc Law 101-121, as provided In the
uGovemment wide Guidance for New Restrictions on Lobbying;
Interim Final Guidance" pubUshed in the December 20, 1989
ltederal Regttlter, which prohibits recipients of federal contracts
or grants &om using appropriated 1\mds far lobbying In
connection with a grant or contract, and requires that each
which requests or receives a federaJ contract or grant. and their
sub-recipients, disclose lobbying undertaken with non-federal
funds (See attachment D); and
(25) Executive Order No. 11246 at September.
10
ADDENDUM TO AGREEMENT
THIS ADDENDUM is entered into this do \ 5T day of ";.Ju.\~ ' 1999, by and between
the BOARD OF COUNTY COMMISSIONERS, Monroe County, Flori a, hereinafter referred to as the
COUNTY and 3406 North Roosevelt Boulevard Corporation, hereinafter referred to as PROVIDER;
WITNESSETH
WHEREAS, there was a contract entered into on May 22nd, 1996 between the parties; and
WHEREAS, the County is authorized to contract for the provision of services of operating an
executive office for tourism promotion; and
WHEREAS, Provider was created for the purpose of continuity in the provision of said
services; and
WHEREAS, Provider has satisfactorily provided such $!:i..lces for seven years and;
WHEREAS, the term of the agreement expire~, on Soptemb0f 30th, 1999 'and;
WHEREAS, the agreement provides an option to extend for an additional two (2) year
()priud; and
WHEREAS, the County finds it in the best imerE:~sts of the t:;UUr"lty to exercise said option;
,fit ~ NOW, THEREFORE, in consideration of the 'T1'.:t:!3!-:o'lenfl!"1ts: contained herein, the parties
~# :'i'gree to hereby amend the agreement entered in~o OIl r\:1;.:;y ?21':d. 1990 as follows:
1. Paragraph I. Contract period, sh&l: " ,II Ul:: an additional term of this
t.;ontr:o.ct for a period of two (2) years commencing October 1, 1999~ and terminating on September 30,
:2(")0 '1 :
f
2. Th@ rem~ining provisions of the contract dated May 22nd, 1996 shall remain in full
force and effect.
, Atte~~t DANNY L. KOLHAGE, Clerk
Board of County Commissioners of
Monroe Cour'l~ . t.,:ti'"d
:;>
(. ,.
, ' ''" L ~It '., ,/
.-/Deputy Clerk
,,,,,,*: '~:i'
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~,.,;,)).".....t..vv.........",......_ ~ ......~
BY:______._.___ _ \
Mayor/Chairman
. E"';::: ~- ~
t:.;ORPORA TE SEAL)
3406 North Rocs!"'., ""It Boulevard
Corporatl0n
Attest:
Witness
/1 /'_.
b h. /l '6
i ,. ,,'. [". 'If
BY: /iv:{~// Lt ,. ').)71LiI.;c...,
I (
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THIS AMENDMENT AGREEMENT is entered into this /: day of Jl !;'c
.1998, by and between the BOARD OF COUNTY COMMISSIONERS, Monroe County,
Florida, hereinafter referred to as the COUNTY and the 3406 NORTH ROOSEVELT
BOULEVARD CORPORATION, a Florida corporation, hereinafter referred to as the
PROVIDER.
WHEREAS, COUNTY and PROVIDER entered into an agreement dated October 1,
1996; and
WHEREAS, the tourist development tax revenues have for years funded the COUNTY's
Ill;-:c"\raction with the film industry and attendance at tradr shmvs; and
WHEREAS, on May 20, 1997, the COUNTY rec09i: .to the Film Industry Liaison as the
CC';'JNTY's official representative to attend trade sho',I. lndmc,::ting related to the film industry;
ana
WHEREAS, the parties desire to revise the Agreement to more accurately reflect
services related to the film industry; and
.nNHEREAS, funding of the Film Industry Liaison and Film Commission activities will be
'~a~ed by line item(s) within the TDC budget wrlc~ !S 3pproved by COUNTY, now
t"er2c.f~,
rhe Parties hereto, in consideration of the rr-
,',~d herein, agree that the
,.
L.V'ltr,,"",ctdated October 1, 1996, as previousiy amendea shalt b.:1'.:rmended as follows:
1, Any rt3ference in paragraphs f) b) shall be ff}v!sed to include "The PROVIDER
shaH employ such personnel as are necessary to pro~de the services, including that of Film
/
I.Zi~1u:;:f'JLLiaison, subject to availability of fundh ,g by COUNTY."
3. This Amendment will become effective October 1 , 1998.
4. All other provisions of the Agreemei;:. rfate(j OC'I/x~r 1, 1996 shall remain in full
forGe and effect.
(SEl'1.1..),:"
pTT~ST: DANNY L. KOLHAGE, CLERK
_. .-..-"'. i
~ ..... '~
By: ~~:e ~-k '6'" ,
BO/\RD Of COUNTY COMMISSIONERS
OF i\'1()NROE.(.')""~V~N, F IDA.
/ ~
1 ,__ -' ~,/'
By: ,..",/: ~ ~~~
/
/I' Mayor/Chairman
f{c;6 NORTH RO
ATTEST:
By:
THIS AMENDMENT AGREEMENT is entered into this
, r/ I
/ (-. day of ., l.' l'i(
.1998, by and between the BOARD OF COUNTY COMMISSIONERS, Monroe County,
Florida, hereinafter referred to as the COUNTY and the 3406 NORTH ROOSEVELT
BOULEVARD CORPORATION, a Florida corporation, hereinafter referred to as the
PROVIDER.
WHEREAS, COUNTY and PROVIDER entered into an agreement dated October 1,
1996; and
WHEREAS, the tourist development tax revenues have for years funded the COUNTY's
'( \ ir:i"zI,ction with the film industry and attendance at trade shov'-, and
""'":lo
iNHEREAS, on May 20, 1997, the COUNTY recogni7ed "::., Film Industry Liaison as the
- ,
, / <:... .:,'." ~-!IY's official representative to attend trade show and Pieettng related to the film industry;
and
\NHEREAS, the parties desire to revise the Agreement to more accurately reflect
servk.--:es i'r;;;lated to the film industry; and
,~c", VII'HEREAS, funding of the Film Industry Liaison and Film Commission activities will be
.~ated by line item(s) within the TDC budget whk~h is approved f:)y COUNTY, now
~.~'r ei ' ,r"";
Parties hereto, in consideration of the J.Jro~\~< :'~ ;. i., '1'.>; \ It)rein, agree that the
c~tract dated October 1, 1996, as previously amei1\1e6SIY8If'oeamended as follows:
t Any reference in paragraphs 5. b) shall be revise~ !o irrclude 'The PROVIDER
shat: !;rnploy such personnel as are necessary to provide the services, J11Cluding that of Film
IQ{1JiW:yJjf1~, subject to availability of funding by COUNTY,'"
3, This Amendment will become effective Octobor 1, 1998. .
4, All other provisions of the Agreement Jated October 1, 1996 shall remain in full
force and effect.
(SEAL. \ ..
,t.\ r::..~' T: DANNY \, kOLHAGE, CLERK
" l?~M
Clerk
BOARe. OF COUNTv COMMISSIONERS
. i
OF MOr,ROE/~9~'i"rrY+E~IDA 4
By: /~~____'_. ~~-
//
{/
3406 NORTH ROOSEVELT BLVD. CORP.
By: lJ~ll
APPROVED AS TO .
AND L SUFFIClE .
Mayor/Chairman
ATTEST:
By:
"l1/JL-.
Ill> Tf:
AGREEMENT FOR EXECUTIVE SERVICES
':1 , : 1 , ;
THIS AGREEMENT, made this ,II day of /;/:'1 i; ,1996, by and between the
Board of County Commissioners of Monroe County, Florida (hereinafter referred to as County) and
3406 North Roosevelt Boulevard Corporation (hereinafter referred to as Provider), a corporation
incorporated in the State of Florida.
. '" WHE'~EAS, the County is authorized to contract for the provis;or; of services of operating an
executive ; J":~~~' for tourism promotion; and
\;\ j-:~-:.(C/.;"S, Provider was created for the purpose of c;).ltinuity in the provision of said
servic:~!;: .:::~ni
\/VHH~(AS, Provider has satis~actorily provided such servi(-,,",,~; for four years; and
::\ii-~~nCAS, the Board of Directors of the Provider cons.tiwtes the j.Aonroe County Tourist
J.<~ De<,7iDpl~:C~llt Council (hereinafter referred to as TDC) member:,:;: dn(~
:;ovenal"~t~ Gontained herein, the
-~
'i~:;. ,1IfiJW, THEREFORE, for an in consideration of the rn: ,t
~..arties~reE' filS foFc:.vs:
:~:~-~~Period: This agreement is for th', j '<" ;~; ;;~,_..,g October 1, 1996
~-t~r.ottg~eptember._3D, 1999, unless earlier terminated PU;"::;.::n:'to:'p3ra~yaphs 9, 12 or 25 below.
County 'ShaiJnot be obligated to pay for any services Pre .';d.3r after the effective date of
miflation. The County has an option tQ extend this contract for::;" additional two (2) year -period
. -~ ..
bey'ond the initial award period, upon sixty (60) days prior Wtjt~':;r. ; l.:.:tice of af"jleement extension to
;J rcvider.
2. Scope of Services: The Provider shall provide ;:n,,-, Nork plan and services described in
.' Qe,~djl in Exhibit /l., attached hereto and incorporated herein by "':':~;~rence. The Provider shall provide
---corr,:::tent ~(v"";r;nnel necessary to perform this Agreement ano;.,r,,~l: bp wholly responsible for the
suCCe~SfU! r.c r:l'O;;'Jtion of services required under this Agreement,. ,
,- "
3. P:~yment:
a) County shall pay from tourist development tax funds, an amount not to exceed six
hundred and thirty-five thousand dollars ($635,000) for the contract year ending September 30, 1997.
For each of the remaining years, under this agreement, County shall pay from tourist development
1
tax funds such amounts as are established within the TDC budget approved by the County prior to
each fiscal year. The budget for period ending September 30, 1997 is attached hereto as Exhibit B
and incorporated herein.
b) Payment shall be made as follows:
i) Provider shall submit monthly, to the County's finance office, an estimate of payroll
costs, including salaries and related fringe benefits, necessary to be paid during the following month.
The submitted documentation shall include an accounting for the monies advanced previously for the
payfQ,II.Gosts. i\ny monies previously advanced and not expended at th::":lime of the submission of
this qQc.umer;~.~jJ'Jn shall be deducted from the total estimate of cost~, .:> ~'~'e following month in
det~DrlipJng "IIi;. ~~i'.",'unt to be advanced. Payment for the followin:;L~, h.:; payroll cost will be
re09jttegjto. {';.(';.;, 81 i;1 advance of the corporate employee pay ie, i'lh ded the request for
advance.\I\'Ii.h j~~yf':.::;~ssary documentation has been submitted to Cell ;iy:&. ~iaance departmern-in a~'-- .
timely m::... '; ,';; F ".:;~ to said pay date.
r" ;1: Provide:- shall be reimbursed for all reasonable C4:;,Jorat.':~'(O~i-;Hures reimbursatJte:
~er \.'i,;.:' :o':;;Hhnes and policies as applied to the 3406 t-,'orth Roosevelt Boulevard
~T ';!. PrC't~~'Jer IT'c)Y submit bills for reimbursable expend I rt:~ t(. ~otir;ty'<:; finance office to be
p.~ ",,0 any, payee entitled to said reimburs/ ;.
., ~; St,'bjRJ~tJothe appropriation of funds, the C:"':~:j> ';~Bke"pZ'ymentunder this
Agft;ement L:.':Jn presentation to the Tourist Development CounciJ, ;; 3406 North Roosevelt
Boulevard, S ,',.; 201, Key West, Florida of an invoice, or requisitionJor r,'''lment, by the ProVider..
The request f,... payment shall indicate the time periods for which payment i:.;!quested and shall be
acco"oanied . {documentation certifying that services for which the paym ,',t. i~ requested have
been:;ndered. (See paragraph below regarding records and ao~ounts)
'~ ~~. Access and Audits: The Provider shari maintain adequate and complete
records :C~ iX~. II charges, expenses and costs incurred' in 'penGirmng the wC'rk-fef at least three
(3~ years ;;J'pt . :,,,,...';(;tion of this Agreement. The County shall haVt.;-i;CP~~ to such books, records,
anddq.cumen: '.5i"tcerning the contracted services. The access,to a,"" . ~pection of such books,
records,., and documents by the TDC or county shall occur any reasonable time. Provider
understands that it shall be responsible for repayment of any and all audit exceptions identified by
2
TOC or County. Any current or subsequent contract awards will be offset by the amount of any audit
exceptions.
In the event there are not funds still held by TOC or County for a contract award, the amount of audit
exception shall be billed to Provider who shall promptly pay same.
5. Personnel/Principals:
a) The Provider acknowledges that a major reason or its selection by the County to
perform JQe services described in this Agreement is the qualification and expc::r!ence of the principal
persopr>el. ~cI e>.,~' "Vi;:; directors which Provider has represented will be l'"'f':.:, ';'Isible therefor. The
Provi~r theref,'.f!;; ;1~Yl"'8S that the directors and officers shall be p!'ir ,,''-'sponsible for the
performance rJreement.
~~ ~.:. " "b;P'.I'~~ Prov:der may employ such personnel as are. nec6S;:1af":1;;:) tHy/ide the services,
subjeGtito-a :!~~i!'::":J!liiV of furding by County. Provider agrees to providf:)j';.umentatk.!l or evidence of
the acf+Ial anh:,l~:t:::i oftime expended by said personnel upon reques'~:rcr1J County,
,_ &: . "c'<"'L;) St1auJd any material change in the directorship ar.'; 0fficers of thE: Provider occur
i:r,~urin_:: :~~i:t'1 of Agreement, the County may require for the'{)vide(, ctS 'lev,,!' constituted, to
~:::,pro'li.s" ' ~;Y::"i' of ability of new principals to continL. ';. ,'j:; '. ntract. Such
assu~7:~ 0f~~iH~.t,~:l:epeffJ;'~m' shall include, b,ut not be limited tc ;,,:~wr;.g$.~.7~!ii\~.;tlxperience of
directors and officers.
6. Offices: County sr.all provide such premises, equipment and supplies as aT€ required for
the day to day operation of the executive office pursuant to County policy and guidelines. As of the
comment.:ament of4hiscontract, said premises, equipment; and ex!:;ting suppJies.2re located at-3406
North RO,1'iLVelt Boulevard, Suite 201. All additional procurement for use by the ~xecutive office
shallJcompiJ/fjtr all statutes, ordinances, rules and regulations gov~ming such procurement by the
County.- ,
7. ind.e'oJ-. ,,:u~~~at Contractor Relationship: The Provider, is an :Shai' h~, I,) the performance
of all workS,S€H.'fL2':, and activities under this Agreement, an independc.;; '.,.mtractor and not an
employee, agent or servant of the County. The Provider shall exercise control, direction, and
supervision over the means and manner and personnel in which it and its employees perform the
work. In all respects, the "Provider's" relationship and the relationship of its employees to the County
.
3
shall be that of an independent contractor and not as employees or agents of the County. Moreover,
the Provider shall have no authority whatsoever to act on behalf and/or as agent for the County in
any promise, agreement, or representation other than specifically provided for in this Agreement
The County shall at no time be legally responsible for any negligence on the part of said contractor,
its employees or agents, resulting in either bodily or personal injury or property damage to any
individual, form, or corporation,
8, Modification: Additions to, modification to, or deletions from the Scope of Work and/or
costs of work set forth ;r this contract may be made only by amendment to this Agreement which
~ /' <"
must be ~p:woved it: >",! ,ting by the County, No modification shall become e';;:"ic;:;\i/? without written
approval of Countyc
9;:>! J 1~1d;';I' . ~':jX~ . Pfmalties: The parties agree to full perfor:n:;~h~(; of fhe covenants
> contained in this c~)rji.t~ct and the County reserves the right at its discretion tc terminate the services.
in this. contrac~: i ,7(;Y misfeasance, malfeasance, or nonperformancf: l't the contract terms of
~ r~egligen~perf);'~!i:Jj,;a of the contract terms by Provider. Any waiver r)f -3tlY breach of covenants
.bereirt g:mtai'~,pG 1'r;~1 PQtQe deemed to be a continuing waiver and.;;.i'.~II notop-erate to bar the
' ) '''''l''','<'' . >.
,Stountx .frorl! <~ri~g Q. forfGiure for any succeeding breach eithf Jf the s~m(~ conditions or
covenants
q,,' :1J}, ,(J~mnifiGatj{;lO,..~P'.c Hold Harmless: The Provider will b'" l"-:;,,!:..!;ka':t';,"pr:ht:~~i~.t'and hold
barmlesstho County and provide insurance as per Exhibit C,
! 1; Permits: The Provider shall secure all required permits, and/or licenses necessary for
this project, subject to reimbursement or direct pay provisions of paragraph 3,
12: L~ws and Regulations: (a) This Agreement shall be con~trued by and governed under
the laws of th;; ~;tote of Florida unless in an area of law pre-empted by federal law, Provider agrees
for venue of 8ny ';i":'.tluteto jie in Monroe County, Florida,
(b~ Prov;;-H:<\ ~f\:j~' comply with all laws including but not limited to ttipc;;.;iisted in t:xhibit 0,.
(c) The. P~;~/'f "..nan comply with all federal, state and local laws .af't,-<}:(;;ilar'r::~'::) applicable to
the work or paym~,^!' ""i' dork thereof, and shall not discriminate on t/;le gr;,~;.;r'.':~~~ or race, color,
religion, sex, age or natIonal origin in the performance of work under this Agreement
4
(d) Any violation of said statutes, ordinances, rules, regulations an executive orders shall
constitute a material breach of this Agreement and shall entitle the County to terminate this
Agreement immediately upon delivery of written notice to the Provider.
13. Taxes: The County is exempt from Federal, Excise an State of Florida Sales Tax.
14. Finance Charges: The County will not be responsible for any finance charges.
15. Severability: If any provision of this contract shall be held by a court of competent
jurisdiction to be invalid or unenforceable, the remainder of this contract, of the application of such
provision other~lh<;an thos:! ''':3 to which it is invalid or unenforceable, shall not be.;'f';cted thereby;
. and each prgyisjQn,of tr:> ;:l"iTact shall be valid and enforceable to the fullest e:,,"~,,; ,::::~rmitted by
law.
16. ...~ LiQui.dal:) ~j:;;:!.D..aili's..;. Any delay in performance or failure to '-<,';:Jrm no:; excused
under the next paragrap1~. "Jo. 17, shall result in County deducting $50.00 per ,'1&,,' of.eelayx of non--
performance from r? ,';;;d"'iv payment.
1fTf fQrr;~, :.r;;H8ure: The Provider shall not be liable for delay in ~'>;;';lforrnance or .ailure to
perforrtin,whole ,;' v.i,J.:;art, the services due to the occurrence of any conti,;:!<:;ncy t>~ycmd it;::: control
9f thel~trol of .,ts sub-p;'oviders or suppliers, including labor dispi; stri~., :cl!Y::- <:;~,)rtage,
., war or::.t of We., . :'.J . declaration thereof if made or not, in~ ;-iot or
civil co~otion,""+ of '1JJ.bJic,~P.em;<-'iepidemic', quarantine restriction, aCC1(;~'::r :':iQf,;;;>~~C~~It;;":stofm, .
flood, dtqught, .)1 other act Df God, act of any governmental authorny, turisdictior'al action, or
insufficiert SUPplY of fuel, electricity, or materials or supplies, or techn!cal faillLf'- where (he Pr;)vider
has exercised reasonable cafe in the prevention thereof, and any such delay ::r failurf :ihall not
constitute a brE'J,-;h of the Agreement. The Provider shall notify the Count} of any. nefay.o;:lilure to
... perform within fhi<~ (5) days. of such action. Upon demand of County, .he Proviu;~r mu~' furnish
evidence of the C<:iL.:,::''; of such delay or failure.
18. ~:11; l~~I;: Provider shan not" assign, transfer, sublease. )ledge, hYPJthecate,
surrender, or otherw!,-,~-c' .:'=mber or dispose of this contract or any estate Crea1-;'f'\ by this ,.:ontract or
any interest in any.pOf{!.cr, ,',~ille, or permit any other person or persons,comp8r;~:/;rporation to
perform services under this contract without first obtaining the written consent of the County. In the
event of such consent, this Agreement shall be binding upon the Provider's successors an assigns.
5
19. Disclosure: The provider shall be required to list any or all potential conflicts of
interest, as defined by Florida Statute 112 an Monroe County Ethics Ordinance. The Provider shall
disclose to the County 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 TDC or County.
20. Additional Conditions: Provider agrees to accept additional conditions governing the
use of funds or performance of work as may be required by federal, state or local statute, ordinance
or regulation or py other policy adopted by County. Such additional conditions shaH not become
effective until Pro~i~er",~as b/"tVi notified in writing and no such additional conditions shsl>' imposed
retroactively.
21. InQependen( (.> ';:IJf'?'cu.:mal Judgment: Provider shall at all times exerc:'.., .
~ .
professional juc:!gment an:j {~:';:;'ll dssume full responsibility for the service to be pro\i;J,::d
be completed.
(~ndent
!\fork to
22. Care of Rff'(l{~I;~: The provider shall be responsible to the TOe .dld Cn;';"Lj for the
fafekeepil)g and pror:nr 11$0 of the property entrusted to Provider's care, :~':d to proCBSS all
" i
~..,'cumeW~~ ~.;gessary ~::; 90ntinue, Without interruptions, any maintenance OJ service con~{~,sts
2h,:,.atingliSP~ equi{)!' '~:;'iUpr its sE,rvice life.
21, :Jr.tJ1ic~~L:'~;;~~:,; ,'ovider warrants that it has not L' '(-:'(1; \ (':iil .)r
(';V-, . "',
.Q,t~rwis/~ad act un it behalfanv farmer county officer or employee subjf'C'!' t::: ~he..p;'t;~\i;~tic:.t'of
JJ ~- ~, #".
;~~ction ~i'of Ordin;Cjrce No. 010-1990 or any TDC or County officer or ecnployee in violatkm of
".,-' .,1;
SEtction 3 of Oi'dinance No. 010-1990. 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 purchase price, or otherwise recover, the full amount of any fee, commission, perr-..Bntage,
gift, or consideration p2.dd to the former TOC or County officer or employee.
24. Notice: ,'\r:,.{ ,notice -require or permitted under this Agreement 5h;7;! be in writing and
hand-delivered .or malk;i.; ~'cst(ige prepaid by certified mail, return receipt reqLK<;ted, to the 'Jther
party as follows:
To Provider:
3406 North Roosevelt Boulev31'c Corporation
Lynda M. Stuart, Office Manger
3406 N. Roosevelt Blvd., Suite 201
Key West, Florida 33040
,-.
To TOC or County:
County Attorney
310 Fleming Street
Room 29
Key West, Florida 33040
, .
6
25. Termination: Termination of this Agreement shall occur at the natural ending date, or
earlier should County determine that there has occurred any material breach of any covenants herein
cont:c(;;v3d, a change in organization of either Provider or TOe \>ccurs or the source of funds be
exhau~.;"~d, eliminated or otherwise ceased, or the Count" r,tr:t.~r.J;3B deems it in the best interest of
the C:C'.l; to terminate. Termination may be with or withoLi ,~;.:.::~.
(a) In the event that funds are partially redUC8C'.' ,"....hereto shall renegotiate the
terms ,:)f thi;;; 0qreement. If no agreement can be reached~l." (/1 "\ws df-notice of reduction of
funds, the Agrsement may be terminated at the County's ('i;. ',; '.. ',,( written notification to the
Provider
(b) .In the event County terminates for breach of con:;dct, termination shall be effective
.'~'linmediBtely or?t ~uchtime as County shall declare in 1t~ act to lBnflinaie. I:)f G8.~:se.
it;,;.' (c) In the event County terminates w;~hout cause, th"" i.,;u; i1ation :::>(lall not take, effect
~.1J until atleast sixt/ days (60) subsequent to written notice 10 Provide
,-~'i',.; ~ +.-~
. ;: ) County shall not be obligated to ~ay,,;1 \j !(Jr work provided after the
termination.
Lb.n~ Time shall be of the essence as to thIs Ag:.;.:(lC:;,r(,
27. Full Agreement: This Agreement constitutes thz :'lll"; :/d full understanding between
the partlE.~,; nereto and neither party shall be bound by anyn7;,;;'~,;,';,i:atlOns, statements, promises or
8err.'":<'1.;~ not expressly set forth herein and in duly ex(x,;,jk~d 8mendment under paragraph 8
;'lereo1
c.
~. -i\~:
(SEAL) .~-'~..':~;;V
Attest: DANNY L. KOLHAGE. Clerk
.Q~~c. ~J~
/
Clerk
Approved as to form and legal sufficiency:
Date:
.i .! ,;, 3greement the day and year first
By
orth Roos2ve1t Blvd. Corp.
'.
~u...i~t -;to /:
Monroe County Board of County Commissioner
EXHIBIT A
~cnDC nl:' ~r:~~~'1>-f.i(~C~
~~~~{'~~L_#_~
1. Administration, maintenance and super ;;:,ic.r, e fult-time office located in Key West,
~:-i{)rifJa, and used exclusively for activities of the ivkmrc2 (;Oi~nty Tourist Development Council, an
"i(h!i';cxV board to the County. Regular hours of busin<l~s 0l1a;f oefr-om 9:00 a.m. to 5:00 p.m.,
MVI:i;"V through Friday, excluding holidays observed 'by C\':untv Provltier shall.provide-aftflt staff for
executive services of TDC business during Regular Hours (:'Susiness and shall keep 'the executive
office open:to the public and County during said hours.
'. ,\. 2... Placing public notices required for all meetings of the Tovrist Development Council,
tp. "Uistricti\dvJsory Committees and all other committees of both; preparing and delivering to
(r..,:deSi?na,;:f","d -recipients agend~ packets for said meetings.; , ;1t;,snding, rec()rding,. and transcribing
. :i all such p.ublic meetings.
Represent TDC. in tourist develop, nT.' ,,".:.:cordance with TDC policy and
";~;;, as approved by County.
~ Coordinate advertising, public relations, te!emarkding and market research agency
f~~;~ci'ons.
5. Disseminate TDC information upon receipt :ri' written requests for such information and
s.:..hject to laws governing public records and disclosure:.
6. Prepare and maintain TDC documents, n~;c,j;d~J and reports required by TDC or County.
7. Maintain the existing policy and procedure service manual, update as required by TDC
and County directives, and adhere to the provisions of said manual.
8. Prepare annual TDC budgets in accordance with all state and local statutes,
ordinances, rules and regulations.
9. Coordinate and execute TDC participation in trade shows, sales missions, FAM tours
and similar events, nationally and internationally.
10. Supervise, coordinate and provide to County and appropriate District Advisory
Committees applications for TDC funding and responses to TDC RFP's.
8
11. Assist coordination and intercommunication between and among the Districts and their
Advisory Committees.
12. Assist chambers and any other contractors in the maintenance of tourist information
,'3eJvices agreements.
13. Provide to TDC and County all fir~m"ial lrlfmmation available regarding requests for
;;~:j'!ertising, marketing, public relations, and event eXj:'_;l1clitufes.
14. Carry out marketing research and an.:,:v;r:,:-, ~;;aid research as required by TDC to
:'<lnd1')uously address the need for changed dirdctions ill :::dvf3f1\sll1g and promotion of Monroe County
O.:J (j.~Jurist destination.
15. Coordinate public notice of District Advisory Committee member vacancies, receipt of
applications, distribution to Nominating Committee and subsequent apt".-:oval by TDC.
".' '. ) ..
.". 18. Coordinate and implement shOli and iong range rr,;:;;keting plan.
,.:t( i 7. Coordinate the creation of appropriate contract~:!agreem€nts for all aspects of event
..-, "'!. ."t',
fI€ fLw"i:rifJ, all other contracting requirement on behalf of ft..... I DC
18. Produce annual report.
19. Maintain all appropriate insur2
."(:r"'.'oration fees, annual reports and tax return.::.
f:'
County including maintenance of
-0;
9
EXHIBIT 8
ADMINISTRA'rrVf~ E;'UDGET
SALARIES & RELATED COSTS
~N~3URANCE & RELATED CORPORATE
COSTS*
$584,000
$ 51,000
$635,000
Accounting Fees
Legal fees
Annual Corporate Fees
Bank Charges
Medical/dental insurance
Worker's Compensation
General Liability & content Insuran :;c:.;
Directors and Officers Insurance
Professional Liability Insurance
Office supplies & equipment n(,1: c<'i,;'~~,\~dunder purchase orders
Travel expenses: airfare, misc(tIl&.~~.'nHAs advance travel costs
Familiarization (FAM) related CO~J:~S "~,;:>t covered under purchase orders
Sales mission and promotion co~; ':' r,ot covered under purchase orders
Educational classes/seminars/workshops to develop & advance work
related skills
Training and education aids
Cash on delivery (COD) items/postage due
Sales related purchases Leo books, momentos, bags, etc.
10
Istl'rillling
EXHIBIT C
MONROE COUNTY, FLORIDA
INSURANCE GUIDE
TO
CONTRACT ADMINISTRATION
General Ip~~f':~~lf!ce Requirements
f<t.
Suppliers ir.f GO(\d::-l or Services
As a pre-requisite of the work governed, 0r the gOJ(!; .supplied under this contract (including the
pre-staging of personnel and material). the Vendor c,h:'.t~ nbtain, at his/her own expense, insurance
as specified in any attached schedules.. which are m;"tl.: (!art of this contract. The Vendor will
ensure that the insurance obtained will extend protmirm to aU Subcontractors engaged by the
Vendor. As an alternative., the Vendor may..cequilt;,; ,'."Ill Subcontractors to obtain insurance
consistent with the attached schedule:;;. '
The Vendor will not be permitted to cmrunence"work ljoverm~d by this contract (including pre-
!ltaging of personnel and material) until satisfactory evidenc(:: ufihe required insurance has been
!umishedto the County as specified below. Delays in the commen.=ernent of work, resulting from
the failure oftbe Vendor to provide satisfactory evidence of the required insurance, shall not
~tend deadlines. specified in this contract and any penalties and tailufP- to perform assessments
~.,be imposed as if the wOFk commenced on the specified date and lime, except for the
Vendor's failure to provide satisfactory evidence.
'Ble Vendor shall maintain the required ;l~~urance thny' -h.,Jut the "'1ire tenn of this contract and
lily extensions specified in the attadll~d sd1t;dul;.s, !.u!."e to comply with this provision may
ttsult in the immediate suspension or'{J.1 k un: i.. ,>. "'fjIJired insurance has been reinsta!ed ~r
t.\eplaced. Delays in the completion cf". >:.t':-i;.r the failure of the Vendor to mamtam
t~required insurance shall not extend deadlines 5f""';',Hh:rl in this contract and any penalties and
failure to perform assessments shall b~ imFYos.ed:'~,=~ihi:~ work had not been suspended, except for
t~ Vendor's failure to maintain the required inSumn~e.
The Vendor shall provide, to the Cou.nty, as satisfiu1ury evidence of the required insurance,
either:
· Certificate of Insurance
or
<'" f
· A Certified copy of the actuai insu:-rx:ce policy,
The County, at its sole option, has the right ; J ..2quest a certified copy of any or all insurance
policies required by this contract.
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.
The acceptance and/or approval of-the Vendor's insurance shall not be construed as relieving the
Vendor from any liability or obligation assumed under this contract or imposed by law.
^dministntive InstnJdion
114709.1
1 1
AmI Zl. I'I'J.I
11Il1'rinlill&
The Monroe County Board of County Commissioners, its employees and officials will be included
as "Additional Insured" on all policies, except for Workers' Compensation.
Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared form entitled "Request for Waiver of Insurance Requirements" and approved
by Monroe County Risk Management.
"'..
t
12
Administralivc lnstnk.1ion
1/4709.1
"P''' 4.... I" '.J
1 It I'rinl ing
MONROE COUNTY, FLORIDA
INSURANCE GUIDE
TO
CONTIlACT ADMINISTRATION
Indcm~.;fic'::-l~i!)n and Hold lIannless
for
Sir.ppticrs of Goods and Services
~i<"
The Vendor covenants and agree~ to indemnifY~:L'1d hold harmless Monroe County Board of
County Commissioners from aT~Y and aU claims fhr 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 fcc:l) which arise out of. in connection with, or by
reason of services provided by the Vendor or any of its Subcontractor(s) in any tier, occasion~
by the negligence, errors, or other wrongful act or omission of The Vendor or its Subcontracors
in any tier, their employees., or agents"
In the event the completion of Lhe project (~o i:'!dude the work of others) is delayed or suspended
as a result of the Vendor's failure to purchl'l.."Ic or maintaiathc required insur~r;c, the Vendor shall
indemnifY the County from any and aU increased expenses resulting from such delay.
The extent ofliability is in no way limited to, reduced, or lessened by the insurance requiretV1ents
contained elsewhere within this agreement.
,f: <- ~
.,;y.:i,,'
^dministra1ive hmrudion
114709.1
13
Illl.... ....... ., '.f
1llll'"nting
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRAcr
8ElWEEN
MONROE COUNTY~ FLORII}A
AND
Prior to the commencement of work governed by this contract, the Contractor shall ohta'r!
General Liability Insurance,' Coverage shall be maintained throughoul the lire of the comract a'" ,:
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:.
.'}:
,
$300,000 Combined Single Li~t (CSL)
/d{.split limits are provided, the minimt:m limits acclcptabh:<:hall be:
$100,000 per Perso\,
$300,000 per (,;c'..h)(C,t:,'i'
.~ $ 50,000 Property Damage
:6n .occurrence Form poh;y is preferred. If coverage is provided on a Claims Made policy, its
provisions should incluoe<:overage 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 th~ acceptance of work by the County.
The Monroe County Board nfCGutltyCommissionersshall be named as Additional Insured [.,.
policies issued to satisty the above re,qu1rements.
14
Admini!:tralivc Imlrudion
11470?1
April 22. I?9J
Isl l'rinting
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BE1WEEN
MONROE COUNTY~ FLORIDA
AND
Recognizing that the work gov~med by this contract requires the use ofvehides, the 'C0;i#t"l';tor,
prior to the commcncmncnt ofwo!'k, shall obtu;n Vehicle Liability Insurance. Coverage ~fn!l be
maintained throughoLl.: the life qfthe contract and include, as a minimum., liability coveraw; 'or:
· Own~ Non-Own.-,;d, and llired Vehicles
The minimum limits acceptable shall be: ..'.
$100,000 Combined Single Limit (CSL)
If::spJit limits are provided,. the mh11m~.1m limits &cceptab!e shall he:
$ 50,000 per Pen;on
$100,000 r-er Occurrence
; $ 25,000 Propcny Darn~:iii;
~.. t'. 'JJIi: Monroe County Board of Co un tv Commissioners shall be named as Additional tnsun.'d r.:", .~~f
policies issued to satisI:1 the above requirements.
15
Administnltivc Instntdion
114709.1
~;\ ;-,
,0
,,.;L;
~l'~"
$~C":"J
t;~
April 22. fC)'Jj
1st "rin/iog
WORKERS' COMPENSATION
INSU RANCE REQUIREMENTS
FOR
CONTRACf
BElWEEN
J,,~ONROE COUNTY, FLORIDA
AND
Prior to the COmmC!1f"'em( ,:;, welrk governed by this contract, the Contractor sh~il ohtain
_Workers' Compcos3tiv'! ;nsu,i~;..~e wilk.Hmits sufIicicnt to respond to Ronda Stalltte '+40,
In addition, the Contractor shaiiJbi,:}fEl Empioyer'i Liability Insurance with limit; of n(li./ess than:
SIOO,OCO Bodily Injury ~frY .'\.~d;f;'1it
$500,000 f!odity Injury t}' :)~sease,: policy limits
$100,000 Bodily Injury bf Diseas~ each employee
Coverage shall bemaintained ttuoub' :<t{ th~entire term of the contract
~verage shzJI be provided by a compf,lr.:' Qr companies authorized to transac: 1::;J5;"~'i !iL.~.'
:JiMa~e of Floricli& and the comPRm: ("r {'(';mti~r..ie:'! must maintain a minimum rating of A- V~. as
asSigned by the /' ~{ B.est (cmF
:lfth~<:ontract\i' '.; ; i7!(:~;! } Department of Labor, as ai.' Ii, \/",
iJlsurer~ the Co: ' " i, ^.C.\Jl' H:t. Contractor's status. The Coni ,\.;,.1
,JfftUired to submit a Lett~t c(/ utbJrtzallon issued by the Department of Labor :t"r{ a Cer1iLic.:tte_
ofInsuranc~ pro'!~c1mg.de~;!;h '"In the Contractor's Excess Insurance Program.
If the Contractor lJaitidpate~iL :J sdf-insurance fund, a Certificate ofInsurance viII he fcq.Ul!J:J.
In addition, the Ccmtractor mz)' \!e required to submit updated financial statements frDm t~le (' h':J ',. _
upon request from the County.
16
Admin;strali\'c In:strudion
1/4709.1
EXHIBIT D
...; i
f~'\
;;,;1,:/#,
~':. '
;t:.'
f~lW
:\- ;
L
L
''''?f
"U' "',
. .
'--. ,,~ f'./
,it
:, :1-
,
Fnwider S.h&"1!comr1Y with all1aws, including but not lim:lW t;,:
( 1) The Nt~Hona Environmental Polley Act of 1989 (~~~U ~r '''<. ' ,
4321 e, 1'i'eq.) and 24 C.F.R. Part 59:
(2) Execut1\t'o Order 11988, Floodplain Management;
(3) r;x(...;utiv(;{)rder 11990, Protection of Wetlands;
(4) The Endar.~ered Species Act of 1973. 88 amended U5 t! S,C. s.
1531 et 8e~,}: . "
(5) The Fish amLWUdlife~oordinationAct of 1968, a'~ wnended. (16
U.S.C. 8 661,~ seq.);_
(6) The Wild and S.:enlc Rivers Act-oful968; as amenrl':d, (16 U. S.
C. 8 1271 et Beq.);
(1) The Safe DrinkU~l W\'lter Act of 1974, as amend~,~d (.12 U. S. C. :s
300f ct seq.); ,
(8) Section '40'1 (i} o(Ule Lead-Based Paint Poif\t!~'\.lng Pr~vention
Act, 8. amendt"d (42 U.S.C. s 4831 (b) et seq.);
(9) The Clean Air~t at 1970. 88 amended (42 US~C. s.. 1401 et
'"€I.); , " .
( 10) The F~dtr81 Wii,'!er Pollution Control Act i){ l("~ a. amended
(33 U.S.C. I 1'51 et Mq.);
( 11) The Clean Wan:i'" Act of 1977 WubUc Law 95~~' 7); ,
(l~JIhe< SGlfdWaiste 'DiirP:;).la1Act;' .. amended t.1y'the Resource
Conservation and Recovery Act of 1975 (4~ H.S.C. 8 1fl(~.~ et
s::::q.):
{; 1:, Mntst; Abatt.1!: and Control: Depflrt'::tl;:f'~ . ',;L:;
b:'~'iplc.!!l'e:nt9.ti;:..fi~a:":!'lY)()ruJibilltictl, and Stand8.rrL ~;~
'5~ Subpart B: .
(1 A}'~o.o~.tnlMst*~<?p)~.action,Act ot 1973, P.L. 93..~~~;.,~:
(i5)' ;Protection e1' Historic and Cultural ProperHE':s ,...odef:.,ni)
Progtllma. :~4 C.F.R. Part 59: ,
(Ie) Coa8tal,Z{ine M.anaRement Act of 1972, P.L. 92-5-~,1;
f 11) Exccutir~ Order 1 IS9S, IIProtection and Enhanc~r:'ter,~ tJi ~~o(:
Culturai Environment8;
(18) Archit.,.r.,:ura} and Constnaction Standards;
(19) Archt:r,..:;tura1 Barriers Act of 1968.42 U.S.C. 415i,
(~Ol,F~!:-is:i~ve Order 11296. relating to evaluation of tIoc,j, h:~~:'5"'t
~'::z 1) E"'''''e~.~l.:ive Order 11288, relating to the prevention ;;;t)U:r t:.. 'cV'; \ to"
a''''sM~ment of water pollution; l....~
i":.'l1 ':'lcd>Effectlve Energy Conservation Standards. 24 c.r;'.l< ::v;?
C:" '.c:,:,don 8 Existing Housing Quallty Standards, 21 : ",..(t' [~,\
,~i~-::j 2; " ~,~.): I,
',I '>;~ction 319 or Public Law 101.121, as provtl~d ,. ,tl1e '
'~Govemme:nt wide Guidance for New Restrictlons ClT! ie, .l~~"ring;
~ntcrfm Final Guidance" published in the 0 ecembt.:: 'H,i 1989 '
Federal Register, which prohibits recipients of federHi ,::ltracts
or grants trom using appropriated 1\.ands for l(lbbyfng In
connection with a grant or contract, and requires that each
which requests or receives a federal contract or grant, and their
sUb.recipients, disclose lobbying undertaken with non.tedera1
funds (See attachment 0); and
(25) Executive Order No. 11246 of September.
17