FY2007 10/18/2006
DANNYL. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
November 6, 2006
TO:
Lynda Stuart, Office Manager
Tourist Development Council
ATTN:
FROM:
Maxine Pacini
Administrative Assistant
Pamela G. Han~
Deputy Clerk
At the October 18, 2006, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
Fislring Umbrella Event Agreements for Fiscal Year 2007 as follows: Take Stock in
Children Back Country Challenge, October 13-15, 2006, in the amount of $2,350.00; Islamorada
Sailfish Tournament, November 30, 2006 to December 3,2006, in the amount of$6,000.00; Key
West Fishing Tournament, Inc., December 1, 2006 through November 30,2007, in the amount of
$45,000.00; Don Gurgiolo Sailfish Classic, December 7-9, 2006, in the amount of $3,300.00;
Islamorada Junior Sailfish Tournament, December 15-17, 2006, in the amount of$I,700.00; Key
Largo Sailfish Tournament, January 5-7,2007, in the amount of$3,850.00; The Outdoor Channel
Offshore Cllassic, January 14-27,2007, in the amount of $5,000.00; Hog's Breath King Mackeral
Tournament, January 26-28, 2007, in the amount of $17,000.00; Islamorada Women's Sailfish
Tournament, February 4-6, 2007, in the amount of $2,000.00; 9th Annual Capt. Leon Shell
Memorial Sailfish Tournament, March 2-4, 2007, in the amount of $10,000.00; Islamorada
All-Tackle Spring Bonefish Tournament, March 27-30,2007, in the amount of$I,500.00; Ocean
Reef BTU Backbone Classic, April 15-17, 2007, in the amount of $5,350.00; World Sailfish
Championship, April 17-21, 2007, in the amount of $37,500.00; Tarpon Tournament, April 28,
2007 to May 3, 2007, in the amount of $3,000.00; Key Largo Dolphin Blast, April 29, 2007 to
May I, 2007, in the amount of $3,350.00; 21" Annual Faro Blanco Invitational Tarpon
Tournament, May 5-10, 2007, in the amount of $3,000.00; 31" Ladies Tarpon Tournament, May
6-7,2007, in the amount of $6,000.00; 41" Annual Marathon International Tarpon Tournament,
May 12-14, 2007, in the amount of$8,000.00; Coconuts Dolphin Tournament, May 18-20, 2007,
in the amount of$12,350.00; Golden Fly Tarpon Tournament, May 20-23,2007, in the amount of
$1,500.00; Yamaha Dolphin Masters Invitational, May 26, 2007, in the amount of $1,000.00;
Don Hawley Tarpon Tournament, June 3-8, 2007, in the amount of$I,500.00; Big Pine & Lower
Keys Dolphin Tournament, June 15-27, 2007, in the amount of $9,000.00; Gold Cup Tarpon
Tournament, June 17-22, 2007, in the amount of $1,500.00; Burdines Waterfront 7th Annual
Dolphin and Blackfin Fun Fish!, June 22-24, 2007, in the amount of $6,000.00; Key West Gator
Club Dolphiin Derby, June 22-24, 2007, in the amount of $8,000.00; Conch Republic Ladies
Dolphin Championship, June 30, 2007, in the amount of $1,000.00; Del Brown Invitational
Permit Tournament, July 17-20, 2007, in the amount of$I,OOO.OO; Key West Marlin Tournament,
July 18-21, 2007, in the amount of $24,000.00; Dolphin Flashover, July 28-30, 2007, in the
amount of$2,500.00; Redbone @ Largo Little Palm Island Grand SLAM, August 14-16,2007, in
the amount $5,500.00; Ghost Hunt, September 7-8, 2007, in the amount of $4,350.00; Mercury
Slam Celebrity Tournament, September 7-9, 2007, in the amount of $11,000.00; Islamorada
Invitational Fall Fly Bonefish, September 18-21, 2007, in the amount of $1,500.00; Mercury
Baybone Celebrity Tournament, September 28-30, 2007, in the amount of $7,350.00; Mercury
Outboards Bonefishing World Championship Islamorada All-Tackle Bonefishing Tournament,
October 7-12, 2007, in the amount of $1,500.00; "Ladies, Let's Go Fishing!" Islamorada,
October 15, 2007, in the amount of $2,000.00; and Mercury CheecalRedbone Celebrity
Tournament, November 30,2007 to December 2,2007, in the amount of$5,500.00.
Graat Award Agreement between Monroe County and Key West Art & Historical Society
for the Custom House Museum Repairs and Improvements project in an amount not to exceed
$70,425, DAC I, FY 2007 Capital Resources.
Assignment and Amendment to Extend the Agreement between Monroe County and
Artificial Rl~efs of the Keys for the Vandenberg Project to the City of Key West.
Destination Events Agreement between Monroe County and the Lower Keys Chamber of
Commerce, Inc. covering the 6th Annual Lower Keys Jazz Festival on March 25, 2007 in an
amount not to exceed $8,000, DAC 11, FY 2207 Event Resources.
Destination Events Agreement between Monroe County and the Upper Keys Rotary
Foundation, Inc. covering the 12th Annual Gigantic Nautical Flea Market on February 24-25, 2007
in an amount not to exceed $15,000, DAC IV, FY 2007 Event Resources.
J Turn Key Events Agreement between Monroe County and 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 Event Resources.
Turn Key Events Agreement between Monroe County and Upper Keys Community Pool,
Inc. covering Orange Bowl Winter Training & Swim Classic between December 15, 2007 and
January 18, 2008 in an amount not to exceed $30,000, DAC V, FY 2007 Event Resources.
Destination Events Agreement between Monroe County and Upper Keys Association of
Dive and Snorkel Operators, Inc. covering the Island Sun Splash 2007 in an amount not to exceed
$64,400 ($32,200, DAC IV, FY 2007 Event Resources and $32,200, DAC V, FY 2007 Event
Resources) .
Grant Award Agreement between Monroe County and Mitchell Wolfson Family
Foundation, Inc. covering the Rehabilitation of the Audubon Geiger House Museum project in an
amount not to exceed $15,000, DAC I, FY 2007 Capital Resources.
Destination Events Agreement between Monroe County and the Gay & Lesbian
Community Center of Key West, Inc. covering PrideFest 2007 on June 3-11, 2007 in an amount
not to excee,d $38,000, DAC I, FY 2007 Event Resources.
Destination Events Agreement between Monroe County and Florida Keys Land & Sea
Trust, Inc. ,:;overing the Bahamian Festival on January 26-28, 2007 in an amount not to exceed
$8,000, DAC III, FY 2007 Third Penny Event Resources.
Destination Events Agreement between Monroe County and Islamorada Chamber of
Commerce covering the Florida Keys Holiday Festival on November 20, 2007 to December 1,
2007 in an amount not to exceed $25,000, DAC IV, FY 2007 Event Resources.
Destination Events Agreement between Monroe County and Take Chances at the Helm,
Inc. covering the Tradewinds Open Catamaran Nationals Regatta on January 12-14, 2007 in an
amount not to exceed $20,000, DAC IV, FY 2007 Event Resources.
Destination Events Agreement between Monroe County and Key West Business Guild,
Inc. covering Tropical Heat on April 12-15, 2007 in an amount not to exceed $17,000, DAC I,
FY 2007 Event Resources.
Destination Events Agreement between Monroe County and the Greater Marathon
Chamber of Commerce, Inc. covering the Original Marathon Seafood Festival on March 17-18,
2007 in an iilmount not to exceed $25,000, DAC III, FY 2007 Third Penny Event Resources.
Grant Award Agreement between Monroe County and Mote Marine Laboratory, Inc.
covering the Mote Marine Lab Living Reef Exhibit project at the Dr. Nancy Foster Florida Keys
Eco Discovery Center in an amount not to exceed $200,000, DAC I, FY 2007 Capital Resources.
Grant Award Agreement between Monroe County and Key West Film Society, Inc. for
the Tropic Cinema Phase 4 project in an amount not to exceed $40,552, DAC I, FY 2007 Capital
Resources.
Cultural Umbrella Event Agreements for Fiscal Year 2007, as follows: Island Opera
Theatre Concert Series, October I, 2006 to June 30, 2007, in the amount of $20,500.00; "The
Tempest" .- Hurricanes that Tormented Spanish Shipping, 1550-1750, October 1, 2006 to
September 30, 2007, in the amou!1t of $24,433.00; In Their Own Words, The History of the Key
West Lighthouse, October 1, 2006 to September 30, 2007, in the amount of $24,434.00; Key
West Players d/b/a Waterfront Playhouse, October 1, 2006 to September 30,2007, in the amount
of $21,000.00; Marathon Community Theatre Season 2006-2007, October 1, 2006 to September
30,2007, in the amount of $20,000.00; Performance at St. Paul's, October 1, 2006 to September
30, 2007, in the amount $5,000.00; Red Barn TheatrelLive Theatre, October 1, 2006 to
September 30, 2007, in the amount of $21,000.00; Purple Isles 41" Annual Members' Judged
Show Two additional Outdoor Shows, November 1, 2006 to March 31,2007, in the amount of
$10,000; South Florida Center for the Arts Season Historic Holiday Candlewalk; 2007 Upper
Keys Concert Series; Bonus Benefit Concert; St. Patrick's Pops in the Park, November 1, 2006 to
March 31, 2007, in the amount of $25,000.00; Pops in the Park, November 1, 2006 to April 2S,
2007, in the amount of$13,570.00; Tennessee Williams Theatre 2006-2007 Season, November 1,
2006 to June 30, 2007, in the amount of $20,000; Impromptu Concerts, November 1, 2006 to
July 31, 2007, in the amount of $13,500.00; The Key West Pops Orchestra, November 11, 2006
to February 3, 2007, in the amount of $9,000.00; "Man's Quest to Explore Under the Sea",
November 15, 2006 to September 19, 2007, in the amount of$IS,06S.00; Florida Keys Art Guild
Outdoor Art Festivals, November 25, 2006 to May 2S, 2007, in the amount of $21,000.00;
Marathon Garden Club's 2006/2007 Seasonal Events, December 1, 2006 to March 31,2007, in
the amount 01'$18,000.00; Key West Symphony Orchestra 2006-2007 Season, December 2,2006
to June 29, 2007, in the amount of $20,000.00; 47th Annual Key West House & Garden Tours;
45th Annual Conch Shell Blowing Contest, December 29,2006 to March 31,2007, in the amount
of $13,500.00; Middle Keys Concert Season, January 1, 2007 to March 31, 2007, in the amount
of $11,000.00; Sculpture Key West, January 6, 2007 to April 22, 2007, in the amount of
$21,000.00; 25th and 26th Annual Key West Literary Seminar, January 7, 2007 to January 13,
200S, in the ,amount of $9,000.00; Art Under the Oaks, January 12-13, 2007, in the amount of
$7,565.00; Key West Craft Show, January 27-2S, 2007, in the amount of $5,000.00; Civil War
Heritage Days, February S-ll, 2007, in the amount of $5,000.00; Pigeon Key Art Festival,
February 9-11,2007, in the amount of $10,000.00; Old Island Days Art Festival, February 24-25,
2007, in the amount of $5,000.00; Robert Frost Poetry Festival, April 11-15, 2007, in the amount
of $5,000.00;, Harry S. Truman Legacy Symposium & Exhibit: Los Alamos to the Everglades;
Truman's Environmental Legacy, June 7-9, 2007, in the amount of $15,000.00; 23'" Annual
Underwater Music Festival, July 14, 2007, in the amount of $9,500.00; and Florida Keys Birding
and Wildlife Festival, September 2S-30, 2007, in the amount of$S,73S.00.
Grant Award Agreement between Monroe County and the Dolphin Research Center, Inc.
for the Dolphin Research Center Hurricane Recovery project in an amount not to exceed $47,200,
DAC III, FY 2007 Capital Resources.
Interlocal Agreement between Monroe County and the City of Key West in an amount not
to exceed $43,750, DAC I, FY 2007 Capital Project Resources for the White Street Pier Rip Rap
Installation project.
Interlocal Agreement between Monroe County and the City of Key West for the Beach
Renourishment Project in an amount not to exceed $77,550, DAC I, FY 2007 Capital Project
Resources.
Addendum to Agreement between Monroe County and Dolphin Research Center, Inc. for'
the Fish Freezer and Restoration of the Front Sign project.
Agreement between Monroe County and Islamorada Village of Islands for the Beach
Maintenance Services in an amount not to exceed $59,40S, DAC IV, FY 2007 Capital Resources.
Interlocal Agreement between Monroe County and the City of Key West for use of
Tourist Development Funds for the Vandenberg Project in an amount not to exceed $750,000,
DAC I, Capital Resources ($375,000, DAC I, FY 2007, Capital Project Resources; $375,000,
DAC I, FY 2007, Capital Project Resources).
Destination Events Agreement between Monroe County and Islamorada Chamber of
Commerce, Inc. covering the 16th Annual Florida Keys Island Festival on May 19-20, 2007 in an
amount not to exceed $35,000, DAC IV, FY 2007 Event Resources.
Enclosed are two duplicate originals of each of the above-mentioned for your handling.
Should you have any questions please do not hesitate to contact this office.
cc: County Attorney
Finimce
File:
Turn Kev Events Aareement
This AGREEMENT dated the 18'l"-daYOf Or~ 2006, is entered into by and
between the SOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY,
hereinafter "County" or "SOCC," 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 SOCC 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 SOCC 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. Scooe 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, Sponsor/VIP 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. Pavment: 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 witt, 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 tOlgether 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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2
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) sl,all 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
TOC 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 01' 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 SOCC and TOC are exempt from Federal Excise and State
of Florida Sales Tax.
13. Finance Charqes: The SOCC and TOC will not be responsible for any
finance charges.
14. Relation of SOCC/TOC: 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
SOCC and TOC, and the SOCC and TOC shall at no time be legally responsible for any
negligence on the part of said Event Sponsor, its employees or agents, resulting in
either bodily or personal injury or property damage to any individual, firm, or
corporation.
15. Disclosure: Event Sponsor shall be required to list any or all potential
conflicts 01" interest, as defined by Florida Statute 112 and Monroe County Code. Event
Sponsor shall disclose to the SOCC and TOC all actual or proposed conflicts of
interest, financial or otherwise, direct or indirect, involving any client's interest which
may conflict with the interest of the SOCC and TOC.
16. 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 TOC and SOCC. The terms, covenants, conditions, and
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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
discriminahon 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 a<ge; 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 5:27 (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 !~overnmental 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 sacc 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 sacc,
the Event Sponsor must furnish evidence of the causes of such delay or failure. sacc
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. 130verninq 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 Ilhe 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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FY 2007 TurnKey Event Funding(
8
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/Pavment. 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
Agreemenlt upon violation of this provision by Event Sponsor.
31. Privileaes 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. Leaal Obliaations 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
Acura 2007
FY 2007 TurnKey Event Funding
9
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 Immunitv: 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 bv 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. Attornev's Fees and Costs: The County and Event Sponsor agree that in
the event any cause of action or administrative proceeding is initiated or defended by
any party relative to the enforcement or interpretation of this Agreement, the prevailing
party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-
of-pocket expenses, as an award against the non-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 Headinas: 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.
Acura 2007
FY 2007 TurnKey Event Funding
10
37. Entire Aqreement: The parties agree that the Agreement above constitutes the
entire agreement between the BOCC and Event Sponsor.
Board of County Commissioners
of Monroe Co nty
,
;
or/Chairman
(CORPORATE SEAL)
Attest:
Premiere Racing, Inc.
By. By rvA
Secretary Pre t
~kf 5'.
Print Name Print Name ~ -n
r:
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OR TWO WITNESSES ?J ~ I.:;;l
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Print Name Print Name .. 1"1'1
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MONROE COUNTY ATTORNEY
~~A~TOFORM:
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SU N M. GRIMSL
"SSIST",T COUNTY "TTORNEY
Oala j? v tJ(.
Acura 2007
FY 2007 TurnKey Event Funding
11
lHHLO~DA KmJrKH W[Sl
MONROE COUNTY TOURIST UEV[lOPMENT COUNCIl
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MONROE COUNTY TOURIST UmLOPMm COUNCil
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TH[ ~LORIDAKHS & KH WfST
MONROE COUNTYTOURIST UEVELOPMENT COUNCil
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TH[ ~LORIDA_KHS &KHW[ST
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
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MONROE COUNTYTOURIST UmlOPMENT COUNCIl
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MONROE COUNTY TOURIST UmlOPMEIIT COUNCIL
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MONROE COUNTY TOURIST UEVELOPMENT COUNCil
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lH[ [LORIDA Km & KH wm
MONROE COUNTY TOURIST UEV[lOPMENT COUNCIl
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TH[ nORIDA KHS & KH WfST
MONROE COUIITY TOURIST DEVELOPMENT COUNCil
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TH[ nORIDA KHS & KH WfST
MONROE COUNTY TOURIST DEVELOPMENT COUNCil
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TH[ nORIDA KHS & KH WfST
MONROE COUNTY TOURIST DEVELOPMENT COUNCil
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TH[ nORIDA KHS & KH WfST
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
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T~t nOR IDA KtYS & KtY WtST T~t nORIDA KtvS & Ktv WtST T~t nOR IDA KtvS & Ktv WtST
MONRO[ COUNTY HlURIST O[VROPM[NT COUNCIL MONRO[ COUNTYTOURIST OmLOPM[NT COUNCIL MONRO[ COUNTY TOURIST O[V[lOPM[NT COUNCIL
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T~t fLORIDA KtYS & Ktv WtST T~t fLORIDA KtvS & Ktv WtST T~t nORIDA KtvS & KtY WtST
MONRO[ COUNTYTOURIST nmLOPM[NT COUNCIL MONRO[ COUNTYTOURIST OmLOPM[NT COUNCIL MONRO[ COUNTY TOURIST OmLOPM[NT COUNCIL
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TH[ [lORIDA K[YS & K[Y W[ST
MONRO[ COUNTY TOURIST D[V[LOPM[NT COUNCIL
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MONRO[ COUNTYTOURIST D[V[LOPM[NT COUNCIL
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MCTG-3125 New Logo Slick L01
. PREMIERE
RACING INC.
fD) ml@m rrW~ ~
ill AUG 2 4 2006 0
August 22, 2006
.
Maxine Pacini
Administrative Assistant
Monroe County Tourist Development Council
1201 White Street, Suite 102
Key West, Florida 33040
Dear Maxine,
Enclosed are the signed original copies of the Agreement for Premiere Racing's Acura
Key West 2007 Turn Key Event.
They are signed by Peter Craig (President) and embossed with our seal.
As always, we really appreciate your help.
Best renards,
67 B Front Street. Marblehead, MA 01945 . Tel: 781-639-9545 . Fax 781-639-9171
Client*: 12597 USSAIL
ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE
D ""Y '
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Gowrie,Barden&Brett,Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
70 Essex Road um nE THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
i ALTER HE COVERAGE AFFORDED BY THE POLICIES BELOW.
Westbrook,CT 06498 _.
8603995945 INaIRER AFFORDING COVERAGE NAICII
INSURED INSURER A: sclera!Ins Co(Chubb) 20281
US Sailing Assoclatlo Inc INSURER e.
15 Maritime Drive DEL-
Portsmouth,RI 02840 ., wsuRERc
INSURER O: I
INSURER E:
COVERAGES ,FyF
THE POLICIES OF INSURANCE LISTED BE. HAVEBEN Is:S r yyny)i1SJRFn NAMOD ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT.TERM OR CONDITIO OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
Bak JUL POLICY EFFECTIVE POLICY EXPIRATION
LTR NSRC TYPE OF INSURANCE POLICY NUMBER DATE IMMDO(YI OATS IMMNDM9 UMIIS
A GENERAL LIABILITY 35810562 12/01/06 12/01/07 EACH OCCURRENCE $1,000,000
GE TO REND
X COMMERCIAL GENERAL LIABILITY pRGMISFa IEn occv,nn[el $1,000,000
CLAIMS MADE O OCCUR MED EXP(Any one poison) $10,000
PERSONAL&ADV INJURY $1,000,000
GENERAL AGGREGATE $2,000,000
GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG Elncluded
POLICY ri PRO.
JECT 'IOC k - ,I
AUTOMOBILE LABILITY
`
ANY
ALL OWNED AUTOS `
( COMBINED SINGLE LIMIT $
_ acc
ident)O
BODILY INJURY S
SCHEDULED AUTOS "' /1 (Per person)
HIRED AUTOS \M 'y --_-__
—
BODILY INJURY 5
NO&OWNED AUTOS (Per e[gamD
—
(Per aPROPERTY et)AGE S
GARAGE LIABILrn AUTO ONLY-EA ACCIDENT $
H ANY AUTO
OTHER THAN EA ACC E
AUTO ONLY: AGG 5
A EXCESS/UMBRELLA LABILITY 79832253 12/01/06 12/01/07 EACH OCCURRENCE $9,000,000
OCCUR n CLAIMS MADE AGGREGATE $9,000,000
E DEDUCTIBLE
RETENTION S S
WORKERS COMPENSATION AND WC STATLL
EMPLOYERB'LIAOIIJTY T➢RYI WITS OTH-
ANY PROPRIETORNARTNEIUEXECUTIVE ELEACH ACCIDENT S
OFFICERMEMBER EXCLUDED? EL.DISEA$E-EA EMPLOYEE S
Ify Mapibe under
SPECIAL PROVISIONS below E.L.DISEASE.POLICY UMIT 5
A OTHER Marine 07312190 12/01/06 12/01/07 Protection&Indemnity
$1,000,000 Limit
$250 Deductible
DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLESI EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Additional Insured: Premiere Racing,Inc.Monroe County Board of County commissioners,
its employees and officials are listed as additional insured on general liability
coverage only with respect to the Acura Key West 2007,presented by Nautica Watches event
to be held from January 1st30th,2007 Including set up/break down.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
Monroe County Board/� of County Commissioners DATE THEREOF,TILE ISSUING INSURER WLL ENDEAVOR TO MAIL in DAYS WRITTEN
Monroe County TUC; NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.BUT FAILURE TO DO SO SHALL
do Risk Management IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER.ITS AGENTS OR
PO Box 1026 REPRESENTATIVES.
Key West, FL 33041 AUTHORIZED IREPRESENTATfve
.O . ( water iYAuw'M*s..
ACORD 25(200708),1 of 2 *S20465/M20458 LLS 0 ACORD CORPORATION 1988
Cc EKHK.(,
•
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer,and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 254(2001/08) 2 of 2 M520465/M20458