Item D07
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: OCTOBER 18, 2006
Division:
TDC
Bulk Item: Yes --X- No
Department:
Staff Contact Person: Maxine Pacini
AGENDA ITEM WORDING:
Approval of a TurnKey Event Funding Agreement with Premiere Racing, Inc. covering Acura Key
West 2007 on January 14-19,2007 in an amount not to exceed $100,000, DAC I, FY 2007 DAC I
Event Resources.
ITEM BACKGROUND:
TDC approved same at their meeting of July 11, 2006
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
New Contract
ST AFF RECOMMENDATIONS:
Approval
TOTAL COST: $100,000
BUDGETED: Yes -L No
COST TO COUNTY: $100,000
SOURCE OF FUNDS:
TDC
REVENUE PRODUCING: Yes X No
AMOUNT PER MONTH Year
APPROVED BY: County Arty --X- OMB/Purchasing ~
Risk Management ~
DIVISION DIRECTOR APPROVAL:
(Lynda Stuart)
Not Required_
DOCUMENT A TION:
Included X
DISPOSITION:
AGENDA ITEM #
Revised 2/05
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Premiere Racing, Inc. Contract #_
Effective Date: 10/18/06
Expiration Date: 9/30/07
Contract Purpose/Description:
Approval of a TurnKey Event Funding Agreement with Premiere Racing, Inc. covering
Acura Key West 2007 on January 14-19,2007 in an amount not to exceed $100,000,
DAC 1, FY 2007 DAC I Event Resources.
Contract Manager: Maxine Pacini 3523 TDC # 3
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 10/18/06 Agenda Deadline 10/3/06
CONTRACT COSTS
Total Dollar Value of Contract: $ 100,000
Budgeted? Yes[gl No 0 Account Codes:
Grant: $
County Match: $
Current Year Portion: $
115-75360-530340-T75M-587-X-530340
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
....v~teJ.n, Needed ~~ev. w r
DIvision DirectoT 41 ~ YesO NoIT . _. _ . _
RiSkManage1enttJr~ YesDNoEJ ~ ~_..
tL ~ t\\ ai,,,
O.M.B./Purchasing ~1~YesDNoB" ~ l~
County Attorney ~ Y esD NO~ S.Grimsley
Date Out
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Comments:
OMB Form Revised 2/27/01 Mep #2
Turn Key Events Aareement
This AGREEMENT dated the day of 2006, is entered into by and
between the BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY,
hereinafter "County" or "BOCC," on behalf of the TOURIST DEVELOPMENT
COUNCIL, hereinafter "TDC" and Premiere Racing, Inc., hereinafter "Event Sponsor".
WHEREAS, Event Sponsor has proposed the presentation of a Turnkey Event
as described below; and
WHEREAS, the BOCC finds it in the best interest of the County to promote
tourism by entering into this agreement,
NOW, THEREFORE, and in consideration of the mutual covenants, contained
herein the parties agree as follows:
1. The BOCC agrees to pay from tourist development tax funds $100,000
(One Hundred Thousand Dollars) for Acura Key West 2007 on January 14-19, 2007
provided Event Sponsor meets all of its obligations under this agreement.
2. Scope of Services: Event Sponsor agrees to provide the County with an
event as specified in the Scope of Services described in the funding application,
including the following:
1. One (1) week of scheduled yacht racing activities
2. Activities will include a Skipper's Meeting, SponsorNIP Race
Viewing, Seminars, Symposiums, Yacht Races, Receptions and
Award Ceremonies
3. Industry Exhibit and Hospitality Area
4. National and International media exposure for the destination
3. Payment: Payment of the sum set forth in Section 1 above will be made
upon the completion of the event and upon the airing(s) of national and/or international
television when said promotion has been brought forward within the application as a
component of qualifying as a TurnKey Event and subsequently outlined within the
scope of services within the contract. Upon receipt from Event Sponsor of a proper
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invoice with documentation, reviewed and verified by the Tourist Development Council
(TDC) Administrative Office, proving that event has been produced and promoted
through print advertising, news releases, and the required insurance was obtained no
less than twenty days prior to the event, BOCC shall pay pursuant to the Florida Prompt
Payment Act.
Monroe County's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the BOCC.
4. Accountinq: Event Sponsor shall maintain all books, records, and
documents directly pertinent to performance under this Agreement in accordance
with generally accepted accounting principles consistently applied. Each party to
this Agreement or their authorized representatives shall have reasonable and timely
access to such records of each other party to this Agreement for public records
purposes during the term of the Agreement and for four years following the
termination of this Agreement. If an auditor employed by the County or Clerk
determines that monies paid to Contractor pursuant to this Agreement were spent
for purposes not authorized by this Agreement, the Event Sponsor shall repay the
monies together with interest calculated pursuant to See. 55.03, FS, running from
the date the monies were paid to Event Sponsor.
5. Modification: Any changes to this contract may be made only by written
mutual agreement, recommended by the TDC and approved by the BOCC.
6. Termination: This Agreement will terminate on September 30, 2007,
unless earlier terminated pursuant to Section 7 below. All invoices must be
submitted prior to September 30, 2007.
7. Non Occurrence of Event: Event Sponsor shall give written notice to the
Monroe County Tourist Development Council if it is found necessary to cancel an event.
The notice shall contain the following specifics: 1) reason for cancellation, 2)
documentation of the reason for cancellation and 3) person authorized to cancel
including title and stated affiliation.
8. Indemnification and Hold Harmless: Event Sponsor agrees to indemnify
and hold harmless Monroe County Board of County Commissioners from any and all
claims for bodily injury (including death), personal injury, and property damage
(including property owned by Monroe County) and any other losses, damages, and
expenses (including attorney's fees) which arise out of, in connection with, or by reason
of the event sponsored by Event Sponsor.
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9. Insurance Requirements: Event Sponsor, as a pre-requisite of the Special
Event governed by this agreement, shall obtain, at its own expense, insurance as
specified in this section:
Work associated with the Event (including pre-staging of personnel and
material) shall not commence until satisfactory evidence of the required insurance has
been furnished to the County as specified below. Event Sponsor shall maintain the
required insurance throughout the entire duration of the Special Event, and any
extensions specified in any attached schedules. Failure to comply with this provision
shall release County of any obligation to compensate event sponsor. Further, any
material misstatement in the application for insurance coverage shall release County
from it's obligations to pay under this agreement. Event Sponsor shall provide, to the
County, as satisfactory evidence of the required insurance, including the insurance
policy application and either:
. Original Certificate of Insurance
or
. Certified copy of the actual insurance policy
Or
. Certificate of Insurance e-mailed from Insurance Agent/Company to
County Risk Management (Telephone Maria Slavik at 295-3178 for
details)
An original certificate or a certified copy of any or all insurance policies required
by this contract shall be filed with the Clerk of the BOCC prior to the Event. The
Insurance policy must state that the Monroe County BOCC and Monroe County
TDC is the Certificate Holder and additional Insured for this event. Insurance
should be mailed to:
Monroe County Board of County Commissioners
C/O Risk Management
P.O. Box 1026
Key West, FL 33041
All insurance policies must specify that they are not subject to cancellation, non-
renewal, material change or reduction in coverage unless a minimum of thirty (30) days
prior notification is given to the County by the insurer.
Acceptance and/or approval of Event Sponsor's insurance shall not be
construed as relieving Event Sponsor from any liability or obligation assumed under this
contract or imposed by law.
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3
The Monroe County Board of County Commissioners, its employees and officials
will be included as "Additional Insured" on all policies.
Any deviations from these General Insurance Requirements must be requested
in writing on the County form titled "Request for Waiver of Insurance Requirements"
and must be approved by Monroe County Risk Management.
Event Sponsor shall furnish the County with a certificate evidencing the
insurance required by this paragraph not later than twenty (20) days prior to the event.
Prior to commencement of work governed by this contract, Event Sponsor shall obtain
General Liability Insurance Coverage that shall be maintained throughout the life of the
contract and include, as a minimum:
* Premises Operations
* Products and Completed Operations
* Blanket contractual Liability
* Personal Injury Liability
* Expanded Definition of Property Damage
The minimum limits acceptable shall be:
* $1,000,000.00 combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
* $500,000.00 per Person
* $1,000,000.00 per Occurrence
* $100,000.00 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims
Made policy, its provisions should include coverage for claims filed on or after the
effective date of
this contract. In addition, the period for which claims may be reported should extend for
a minimum of twelve (12) months following the acceptance of work by the County.
Prior to the commencement of work governed by this contract, Event Sponsor shall
obtain Water Craft Liability Insurance with terms no less restrictive than those found in
the standard "American Institute Hull Clauses" (June 2, 1977 edition). Coverage shall
be maintained throughout the life of the contract and include, as a minimum:
*
Injury (including death) to any person
Damage to Fixed or Movable Objects
Costs Associated with the Removal of Wrecked Vessels
*
*
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*
Contractual Liability with Respect to this Contract
If the policy obtained states that coverage applies for the "Acts or Omissions of a
Vessel", it shall be endorsed to provide coverage for the legal liability of the ship owner.
The minimum limits acceptable shall be:
$1 Million Combined Single Limit (CSL)
Coverage provided by a Protection and Indemnity Club (P&I) shall be subject to the
approval of the County.
10. Permits: Event Sponsor will secure all required permits, licenses including
but not limited to occupational licenses.
11 . Laws and ReQulations: Any and all services, materials and equipment
shall comply fully with all Local, State and Federal laws and regulations.
12. Taxes: The BOCC and TDC are exempt from Federal Excise and State
of Florida Sales Tax.
13. Finance CharQes: The BOCC and TDC will not be responsible for any
finance charges.
14. Relation of BOCC/TDC: It is the intent of the parties hereto that Event
Sponsor shall be legally considered as an independent contractor and that neither it nor
its employees shall, under any circumstances, be considered servants or agents of the
BOCC and TDC, and the BOCC and TDC shall at no time be legally responsible for any
negligence on the part of said Event Sponsor, its employees or agents, resulting in
either bodily or personal injury or property damage to any individual, firm, or
corporation.
15. Disclosure: Event Sponsor shall be required to list any or all potential
conflicts or interest, as defined by Florida Statute 112 and Monroe County Code. Event
Sponsor shall disclose to the BOCC and TDC all actual or proposed conflicts of
interest, financial or otherwise, direct or indirect, involving any client's interest which
may conflict with the interest of the BOCC and TDC.
16. AssiQnment: Event Sponsor shall not assign, transfer, convey, sublet or
otherwise dispose of this agreement, or of any or all of its right, title or interest therein,
or his or its power to execute such agreement to any person, company or corporation
without prior consent of the TDC and BOCC. The terms, covenants, conditions, and
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5
provisions of this Agreement shall bind and inure to the benefit of the County and Event
Sponsor and their respective legal representatives, successors, and assigns.
17. Nondiscrimination: County and Event Sponsor agree that there will be no
discrimination against any person, and it is expressly understood that upon a
determination by a court of competent jurisdiction that discrimination has occurred, this
Agreement automatically terminates without any further action on the part of any party,
effective the date of the court order. County and Event Sponsor agree to comply with
all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights
Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or
national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC
ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex;
3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which
prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of
1975, as amended (42 USC ss. 6101- 6107) which prohibits discrimination on the
basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as
amended, relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on
the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss.
523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality
of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42
USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or
financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201
Note), as maybe amended from time to time, relating to nondiscrimination on the basis
of disability; 10) Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on
the bases of race, color, sex, religion, disability, national origin, ancestry, sexual
orientation, gender identity or expression, familial status or age; and 11) any other
nondiscrimination provisions in any Federal or state statutes which may apply to the
parties to, or the subject matter of, this Agreement.
18. Security Protection: Event Sponsor agrees to provide adequate security
for the event.
19. Ethics Clause: Event Sponsor warrants that it has not employed, retained
or other wise had act on its behalf, any former County office or employee in violation of
Section 2 or Ordinance No. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10-1990. For breach or violation of the provision the
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County may, at its discretion terminate this agreement without liability and may also, at
its discretion, deduct from the agreement or purchase price, or otherwise recover, the
full amount of any fee, commission, percentage, gift, or consideration paid to the former
or present County officer or employee.
20. Loqo: All promotional literature and display advertising with the exception
of generic advertising must display the "Florida Keys & Key West, Monroe County
Tourist Development Council Come As You Are" logo/trade mark (as per enclosed).
This logo/trade mark was adopted by the TDC and County in November 2000. Radio
Advertising should read "Brought to you by the Monroe County Tourist Development
Council". No reimbursement or direct payment will be considered unless this logo/trade
mark is utilized.
21. Severability: If any provision of this Agreement shall be held by a Court
of competent jurisdiction to be invalid or unenforceable, all remaining provisions shall
not be affected thereby; and each provision of this Agreement shall be valid and
enforceable to the fullest extent permitted by law.
22. Authority: Each of the signatories for the sponsor below certifies and
warrants that:
a) The sponsor's name in the agreement is the full name as designated in its
corporate charter, and b) they are empowered to act and execute agreement for the
sponsors and c) this agreement has been approved by the sponsor's Board of
Directors.
23. Public Entity Crimes: "A person or affiliate who has been placed on the
convicted vendor list following a conviction for public entity crime may not submit a bid
on a contract to provide any goods or services to a public entity, may not submit a bid
on a contract with a public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to public entity, may not be
awarded or perform work as a contractor, supplier, subcontractor, or consultant under a
contract with any public entity, and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for
a period of 36 months from the date of being placed on the convicted vendor list".
24. Force Maieure: The Event Sponsor shall not be liable for delay in
performance or failure to produce the event in whole or in part-due to the occurrence of
any contingency beyond its control or the control, including war or act of war whether an
actual declaration thereof is made or not, act of terrorism impacting travel in the United
States, insurrection, riot or civil commotion, act of public enemy, epidemic, quarantine"
restriction, storm, flood, drought or other act of God, act of nature (including presence
Acura 2007
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of endangered animal species which cannot be timely removed in a safe manner or any
act of any governmental authority which prohibits the event to be produced, in full or in
part, as described and for which the Event Sponsor has exercised reasonable care in
the prevention thereof. Any delay or failure due to the causes stated shall not
constitute a breach of the Agreement; however, the BOCC shall have the right to
determine if there will be any reduction to the amount of funds due to the Event
Sponsor after consideration of all relevant facts and circumstances surrounding the
delay in performance or failure to produce the event. Upon demand of TDC or BOCC,
the Event Sponsor must furnish evidence of the causes of such delay or failure. BOCC
shall not pay for any services or activities, promotional or otherwise, connected with an
event produced after the date(s) described in paragraph 1 and Scope of Services.
25. GoverninQ Law, Venue: This Agreement shall be governed by and construed
in accordance with the laws of the State of Florida applicable to contracts made and to
be performed entirely in the State.
In the event that any cause of action or administrative proceeding is
instituted for the enforcement or interpretation of this Agreement, the County and Event
Sponsor agree that venue will lie in the appropriate court or before the appropriate
administrative body in Monroe County, Florida.
26. Severability. If any term, covenant, condition or provision of this
Agreement (or the application thereof to any circumstance or person) shall be declared
invalid or unenforceable to any extent by a court of competent jurisdiction, the
remaining terms, covenants, conditions and provisions of this Agreement, shall not be
affected thereby; and each remaining term, covenant, condition and provision of this
Agreement shall be valid and shall be enforceable to the fullest extent permitted by law
unless the enforcement of the remaining terms, covenants, conditions and provisions of
this Agreement would prevent the accomplishment of the original intent of this
Agreement. The County and Event Sponsor agree to reform the Agreement to replace
any stricken provision with a valid provision that comes as close as possible to the
intent of the stricken provision.
27. Claims for Federal or State Aid. Event Sponsor and County agree that
each shall be, and is, empowered to apply for, seek, and obtain federal and state funds
to further the purpose of this Agreement; provided that all applications, requests, grant
proposals, and funding solicitations shall be approved by each party prior to
submission.
28. Adiudication of Disputes or Disaqreements. County and Event Sponsor
agree that all disputes and disagreements shall be attempted to be resolved by meet
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and confer sessions between representatives of each of the parties. If no resolution
can be agreed upon within 30 days after the first meet and confer session, the issue or
issues shall be discussed at a public meeting of the Board of County Commissioners. If
the issue or issues are still not resolved to the satisfaction of the parties, then any party
shall have the right to seek such relief or remedy as may be provided by this Agreement
or by Florida law.
29. No Solicitation/Payment. The County and Event Sponsor warrant that, in
respect to itself, it has neither employed nor retained any company or person, other
than a bona fide employee working solely for it, to solicit or secure this Agreement and
that it has not paid or agreed to pay any person, company, corporation, individual, or
firm, other than a bona fide employee working solely for it, any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award or
making of this Agreement. For the breach or violation of the provision, the agrees that
the County shall have the right to terminate this Agreement without liability and, at its
discretion, to offset from monies owed, or otherwise recover, the full amount of such
fee, commission, percentage, gift, or consideration.
30. Public Access. The County and Event Sponsor shall allow and permit
reasonable access to, and inspection of, all documents, papers, letters or other
materials in its possession or under its control subject to the provisions of Chapter 119,
Florida Statutes, and made or received by the County and Event Sponsor in conjunction
with this Agreement; and the County shall have the right to unilaterally cancel this
Agreement upon violation of this provision by Event Sponsor.
31. PrivileQes and Immunities: All of the privileges and immunities from
liability, exemptions from laws, ordinances, and rules and pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of officers, agents,
or employees of any public agents or employees of the County, when performing their
respective functions under this Agreement within the territorial limits of the County shall
apply to the same degree and extent to the performance of such functions and duties of
such officers, agents, volunteers, or employees outside the territorial limits of the
County.
32. Leqal Obliqations and Responsibilities: Non-Delegation of Constitutional
or Statutory Duties. This Agreement is not intended to, nor shall it be construed as,
relieving any participating entity from any obligation or responsibility imposed upon the
entity by law except to the extent of actual and timely performance thereof by any
participating entity, in which case the performance may be offered in satisfaction of the
obligation or responsibility. Further, this Agreement is not intended to, nor shall it be
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construed as, authorizing the delegation of the constitutional or statutory duties of the
County, except to the extent permitted by the Florida constitution, state statute, and
case law.
33. Non-Waiver of Immunity: Notwithstanding he provisions of Sec. 286.28,
Florida Statutes, the participation of the County and the Event Sponsor in this
Agreement and the acquisition of any commercial liability insurance coverage, self-
insurance coverage, or local government liability insurance pool coverage shall not be
deemed a waiver of immunity to the extent of liability coverage, nor shall any contract
entered into by the County be required to contain any provision for waiver.
34. Non-Reliance by Non-Parties: No person or entity shall be entitled to rely
upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any
third-party claim or entitlement to or benefit of any service or program contemplated
hereunder, and the County and the Event Sponsor agree that neither the County nor
the Event Sponsor or any agent, officer, or employee of either shall have the authority
to inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement
separate and apart, inferior to, or superior to the community in general or for the
purposes contemplated in this Agreement.
35. Attorney's Fees and Costs: The County and Event Sponsor agree that in
the event any cause of action or administrative proceeding is initiated or defended by
any party relative to the enforcement or interpretation of this Agreement, the prevailing
party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-
of-pocket expenses, as an award against the non-prevailing party, and shall include
attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate
proceedings. Mediation proceedings initiated and conducted pursuant to this
Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual
and customary procedures required by the circuit court of Monroe County.
36. Section Headinqs: Section headings have been inserted in this
Agreement as a matter of convenience of reference only, and it is agreed that such
section headings are not a part of this Agreement and will not be used in the
interpretation of any provision of this Agreement.
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Entire AQreement: The parties agree that the Agreement above constitutes the
entire agreement between the BOCC and Event Sponsor.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and
year first above written.
(SEAL)
Attest: Danny L. Kolhage, Clerk
Board of County Commissioners
of Monroe County
Deputy Clerk
Mayor/Chairman
(CORPORATE SEAL) Premiere Racing, Inc.
Attest:
By. By N~
Secretary
~kr 5'.
Print Name Print Name
OR TWO WITNESSES
(1 ) (2)
Print Name Print Name
MONROE COUNTY ATTORNEY
j\P~EID A~ TO FORM:
y1-n ~ .<J J Pf5;
. SU N M. GRIMSL
ASSISTA~. T .cOUNTY ATTORNEY
Oat. X' ')' 0(;
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