FY2002 10/18/2001
Turn Key Events Agreement
This AGREEMENT dated the /f'~y of CJC-( 2001, is entered into by and between
the BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY, hereinafter "County,"
on behalf of the TOURIST DEVELOPMENT COUNCIL, hereinafter "TDC" and Premiere
Racing, Inc., hereinafter "Premiere Racing, Inc.".
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 $60,000 (Sixty Thousand Dollars) for the Yachting Key
West Race Week 2002 on January 21-25, 2002, from tourist development tax funds provided
Event sponsor meets all of its obligations under this agreement.
2. Scope of Services: Premiere Racing, Inc. agrees to provide the County with an
event as specified in the Scope of Services;
1. One (1) week of scheduled Yachting Race Events.
2. Events will include Skipper meetings, SponsorNIP Yacht boarding's,
Seminars, Symposiums, Yacht Races, Receptions and Award Ceremony.
3. Industry Exhibit and Hospitality Area
3. Payment: Upon receipt from Event Sponsor of documentation, reviewed and
verified by the Tourist Development Council (TDC) Administrative Office, proving that event
has been produced and promoted through print advertising, television coverage and news
releases, and the required insurance was obtained no less than twenty days prior to the event,
BOCC shall pay $60,000.
Monroe County's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the BOCC.
4. Accounting: Financial records of Premiere Racing, Inc. pertaining to this project
shall be kept on generally recognized accounting principles and shall be available to the
BOCC or to an authorized representative for audit. Records shall be retained a minimum of
three years after contract has been performed.
5. Modification: Any changes to this contract may be made only by written mutual
agreement, recommended by the TDC and approved by the BOCC.
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Premiere Racing, Inc.
6. Termination: This Agreement will be terminated on September 30, 2002. All
invoices must be submitted prior to September 30, 2002.
7. Non Occurrence of Event: Premiere Racing, Inc. 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: Premiere Racing, Inc. 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 Premiere
Racing, Inc.
9. Insurance Requirements: Premiere Racing, Inc., as a pre-requisite of the Special
Event governed by this agreement, shall obtain, at its own expense, insurance as specified in
this section:
Premiere Racing, Inc. will not be permitted to commence work associated with the
Event (including pre-staging of personnel and material) until satisfactory evidence of the
required insurance has been furnished to the County as specified below. Premiere Racing,
Inc. 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. Premiere Racing, Inc. shall provide, to the County, as
satisfactory evidence of the required insurance, including the insurance policy application and
either:
Original Certificate of Insurance
or
* Certified copy of the actual insurance policy
An original certificate or a certified copy of any or all insurance policies required by this
contract shall be filed with the Clerk of the BOCC prior to the Event. The Insurance
policy must state that the Monroe County BOCC and Monroe County TOC is the
Certificate Holder and additional Insured for this event. Insurance should be mailed to:
*
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Premiere Racing, Inc.
Monroe County Board of County Commissioners
C/O Risk Management
5100 College Road
Room 203
Stock Island
Key West, FL 33040
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 Premiere Racing, Inc.'s insurance shall not be
construed as relieving Premiere Racing, Inc. from any liability or obligation assumed under this
contract or imposed by law.
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additionallnsured" 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.
Premiere Racing, Inc. 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, Premiere Racing, Inc. 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
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Premiere Racing, Inc.
this. contract. In addition, the period for which claims may be reported should extend for a
minimum of twelve (12) months following the acceptance of work by the County.
10. Permits: Premiere Racing, Inc. will secure all required permits, licenses including
but not limited to occupational licenses.
11. Laws and Regulations: Any and all services, materials and equipment shall
comply fully with all Local, State and Federal laws and regulations, and Premiere Racing, Inc.
agrees that the venue for any dispute concerning this agreement shall be in Monroe County,
Florida.
12. Taxes: The BOCC and TDC are exempt from Federal Excise and State of
Florida Sales Tax.
13. Finance Charges: The BOCC and TDC will not be responsible for any finance
charges.
14. Relation of BOCCITDC: It is the intent of the parties hereto that Premiere
Racing, Inc. 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: Premiere Racing, Inc. shall be required to list any or all potential
conflicts or interest, as defined by Florida Statute 112 and Monroe County Code. Premiere
Racing, Inc. 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. Assignment: Premiere Racing, Inc. 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.
17. Compliance with laws - Nondiscrimination: Premiere Racing, Inc. shall comply
with all federal, state and local laws and ordinances applicable to the work or payment for
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Premiere Racing, Inc.
work thereof, and shall not discriminate on the grounds of race, color, religion, sex, age, or
national origin in the performance of work under this Agreement. This Agreement shall be
subject to all federal, state, and local laws and ordinances.
18. Security Protection: Premiere Racing, Inc. agrees to provide adequate security
for the event.
19. Ethics Clause: Premiere Racing, Inc. 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 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. Media rights: The TDC shall have the right to broadcast, rebroadcast, use,
reproduce or transmit for any purpose whatsoever, radio, television, pictures, sound, film and
tape motion pictures and still photographs paid by the BOCC and TDC under this agreement.
21. Logo: 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. No re-imbursement
will be provided to those entities utilizing the old logo/trade mark "Florida & Key West Come as
you are".
22. 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.
23. 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.
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Premiere Racing, Inc.
24. Public Entity Crimes: "A person or affiliate who has been placed on the
convicted vendor list following a conviction for public entity crime may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit a bid on a contract
with a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to public entity, may not be awarded or perform work as
a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and
may not transact business with any public entity in excess of the threshold amount provided in
Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted vendor list".
25. Entire Aareement: The parties agree that the Agreement above constitutes the
entire agreement between the BOCC and Premiere Racing, Inc..
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and
year first above written.
-
(SEAL)
Attest:
Premiere Racing, Inc.
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