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FY2001 10/19/2000BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 MEMORANDUM Y GOuN rj, � .............. JMCUiO�Gp� u: .w 4,POE COUNTT • xpannp L. Rotbage CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 DATE: October 30, 2000 TO: Lynda Stuart, Office Manager Tourist Development Council ATTN: Maxine Pacini Administrative Assistant FROM: Pamela G. Hancoc Deputy Clerk BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 At the October 19, 2000, Board of County Commissioner's Meeting the Board granted approval and authorized execution of the following: Turnkey Funding Agreement between Monroe County and Premiere Racing, Inc., to /cover Yachting Key West Race Week 2001 on January 15-19, 2001 in an amount not to exceed $52,000, Fiscal Year 2001, Two Penny, Special Project, DAC I allocation. Fishing Event Agreements for Fiscal Year 2001 between Monroe County and Cuban American Heritage Festival; and Islamorada Sailfish Tournament. Amendment to Interlocal Agreement for Grant of Funds between Monroe County and the City of Key West for sand to be shaken out of the seaweed; good sand restored to the beach area and the disposal of seaweed by the City in an amount not to exceed_ $19,500, DAC I, Fiscal Year 2001, Special Beach Fund. Interlocal Agreement for Grant of Funds between Monroe County and Islamorada Village of Islands for the Hurricane Monument Improvement Project in an amount not to exceed $49,378 DAC IV, Fiscal Year 2000 Capital Resources. Attached are two duplicate originals of the above for your handling. Should you have any questions please do not hesitate to contact this office. Cc: County Administrator w/o document County Attorney Risk Management w/o document Finance File Turn Key Events Agreement . THIS AGREEMENT is entered into this day of , 2000, by and between BOARD OF COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA, (BOCC) and Premiere Racing, Inc. NOW, THEREFORE, and in consideration of the mutual covenants, contained herein the parties agree as follows: 1. The BOCC agrees to pay ($52,000.00) Fifty Two Thousand dollars for Yachting Key West Race Week 2001 covering a period from January 15-19, 2001 from tourist development tax funds provided Event sponsor meets all of its obligations under this agreement. 2. Scope of Services: The 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. Payment: Upon receipt from Event Sponsor of documentation, reviewed and verified by the Tourist Development Council (TDC) Administrative Office, proving that event has been produced and promoted through marketing literature, advertising program/publication ads, television coverage, publicity and on -site advertising, and that the required insurance was obtained no less than twenty days prior to the event, BOCC shall pay $52,000.00. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the BOCC. Only acceptable expenses listed in the Monroe County Tourist Development Council Operations Manual shall be paid. 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. 6. Breach and Penalties: The parties agree to full performance of the covenants contained in this agreement, and the �a�a,j,� right at its discretion, provided such breach is material, to terminaje�ri?in this agreement r i ,41VQ 1 Z'i :6 NV 0 E 130 00 Yachting Key West Race Week 2001 08003d 80J 03111 FY 2001 Funding for any misfeasance, malfeasance, or nonperformance of the agreement terms or negligent performance of the agreement terms by Premiere Racing, Inc. 7. Termination: This Agreement will be terminated on September 30, 2001. All invoices must be submitted prior to September 30, 2001. 8. Non Occurrence of Event: The 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. 9. 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. 10. 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 through out the entire duration of the Special Event and any extensions specified in any attached schedules. Failure to comply with this provision shall release County of any obligation to compensate event sponsor. Further, any material misstatement in the application for insurance coverage shall release County from it's obligations to pay under this agreement. 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 is the Certificate Holder and additional Insured. Insurance should be mailed to: Monroe County Board of County Commissioners C/O Risk Management 2 Yachting Key West Race Week 2001 FY 2001 Funding 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 "Additional Insured" on all policies, except for Worker's compensation. 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 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. 3 Yachting Key West Race Week 2001 FY 2001 Funding Recognizing that the work governed by this contract involves the sales and/or distribution of alcoholic beverages, the Contractor's General Liability Insurance policy shall include Liquor Liability with limits equal to those of the basic coverage. A separate Liquor Liability policy is acceptable if the coverage is not more restrictive that the contractor's General Liability policy. 11. Permits: The Premiere Racing, Inc. will secure all required permits, licenses including but not limited to occupational licenses. 12. 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. 13. Taxes: The BOCC and TDC are exempt from Federal Excise and State of Florida Sales Tax. 14. Finance Charges: The BOCC and TDC will not be responsible for any finance charges. 15. Relation of BOCC/TDC: It is the intent of the parties hereto that the 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. 16. Disclosure: The 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. The 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. 17. Assignment: The 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. 18. Compliance with laws - Nondiscrimination: The Premiere Racing, Inc., shall comply with all federal, state and local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex, age, or national origin in the performance of work under this Agreement. This Agreement shall be subject to all federal, state, and local laws and ordinances. 4 Yachting Key West Race Week 2001 FY 2001 Funding 19. Security Protection: The Premiere Racing, Inc. agrees to provide adequate security for the event. No TDC funds will be used for this purpose. 20. Ethics Clause: Premiere Racing, Inc. warrants that it has not employed, retained or otherwise had act on its behalf any former county officer of employee subject to the prohibition of Section 2 of Ordinance No 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former county officer or employee. 21. Ownership: All advertising and promotion work performed under the agreement and paid for by the BOCC and TDC shall be the property of the BOCC and TDC, for whatever use and/or disposition the BOCC and TDC may deem appropriate. 22. 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. 23. Logo: All promotional literature and display advertising with the exception of generic advertising must display the Florida Keys and Key West logo/trade mark (as per enclosed). 24. 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. 25. 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. 26. 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 5 Yachting Key West Race Week 2001 FY 2001 Funding 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". 27. Entire Agreement: 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. Attest(SEAL) �r,,,„,„'"ion Expires Dec.2, 2005 (SEAL) Attest: DANNY uty Clerk PremierejRkAng, I In BOARD OF COUNTY COMMISSITNERS OF MONROE COUNTY, FLORIDA a By Mayor/ChairnVan AppROVED AS TO FO AND AL SUFFICI BY ANNE A. T N r ATF 6 Yachting Key West Race Week 2001 FY 2001 Funding [OR�IDA K�VS � KEV WEST OVInE a-1 0a alzElm T91FAIRRA �YS �Y SST aIy au kzery TNT [�[�ORIDAIIIK[YS KTEMEV WEST�EF KF�S,LKE�W�,ome asYu THEFT RI�IUAKEYyS&KEYWEST - a Ifll[10,RIDA KEVS&KEVWEST TflfFLORIDA NFYSf.YFYWFST asy0a aZ£- orrz� a-1you a¢� Tfll�10-RIDA KEVSGKEVy�IEST rNEF�KE���KE�WEsi � azF azE- TNE10-com.ERIDA,K[YS&K1Yw1STyTfllF�RIDaKEryGKEYWEST FLORIDA K KItWIST TNEI-LO-RIDA KEY�KEY�IJEST azem THE FLO-RIDA KEYS GKEVWEST Come � u� THE FIO-RIDA�K[YS &V WESi Come � ruEFAiR;;iaKEr-i you KLywui Tfll-[-[ORIDAKEVS&KEVWEST ome cu Jocc aze• tfl-lqIhRy-AK-iEYS KLYW-LST ,NEF�KE��KE�WES, Tfl[-F[O,RIDA Klys &KlVWEST Client#: 12798_ U58AlL1N3 CERTIFICATE OF LIABILITY INSURANCE 12%2 8 / 0 0 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION StarkWeather & Shepley ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Brokerage, Inc.HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR g ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 60 Catamore Blvd. East Providence, RI 02 914 -122 6 INSURERS AFFORDING COVERAGE INSURED INSURERA: TIG INSURANCE CO United States Sailing Association, Inc. INSURERB: P.O. Box 1260 INSURER C: 15 Maritime Drive INSURERD: Portsmouth, RI 02871 ! INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED O MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUC POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. SR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE M/DD/Y POLICY EXPIRATION DATE M/DD/YY LIMITS A GENERAL LIABILITY SSP3739148602 07/03/00 j 07/03/01 EACH OCCURRENCE $1,000, 000 X j COMMERCIAL GENERAL LIAB BATY FIRE DAMAGE (Any one fire) $ 3 0 O O O O MED EXP (Any one person) $ 5 O O O CLAIMS MADE OCCUR PERSONAL & ADV INJURY $1 , 0 0 0 , 000 _ GENERAL AGGREGATE $NONE _ PRODUCTS -COMP/OP AGG $1 , 0 0 0000 -- I GENLAGGREGATE LIMITAPPLIES PER: - - POLICY—.. E O LOC AUTOMOBILE ' LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ -� ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ BODILY INJURY HIRED AUTOS $ _ I� NON -OWNED AUTOS (Per accident) 00 PROPERTY DAMAGE $ (Per accident) - GARAGE LIABILITY ANY AUTO - .. _...- r\J `' 1 AUTO ONLY - EA ACCIDENT $ I'I OTHER THAN EA ACC --r----- $ - $ .._ AUTO ONLY:AGG EXCESS LIABILITY ., _._ EACH OCCURRENCE $ _ _ AGGREGATE 1 $ OCCUR El' CLAIMS MADE j j _ DEDUCTIBLE ��, j - $ 1 RETENTION $ I'i WORKERS COMPENSATION AND WC STATU- OTH- T RY LIMITS ER ,__ E.L. EACH ACCIDENT $ EMPLOYERS' LIABILITY j E.L.DISEASE -EAEMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTHER I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: YACHTING KEY WEST RACE WEEK 2001. THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, ITS EMPLOYEES & OFFICIALS WILL BE INCLUDED AS ADDITIONAL INSUREDS ON ALL POLICIES EXCEPT FOR WORKERS COMP. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS C/O RISK MANAGEMENT 5100 COLLEGE RD, RM203 STOCK ISLAND,KEY WEST, FL 33040 SHOULD ANYOFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILLENDEAVOR TOMAIL3__0— DAYS WRITTEN NOTICETOTHE CERTIFICATE HOLDERNAMED TOTHE LEFT, BUTFAI.URE TODOSOSHALL IMPOSE NOOBLIGATION OR LIABI,ITYOF ANYKND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. _, - y ^•- �" _.-,_R AUTHORIZED REPRESE T �E ACORD25-S(7/97) 1 of 2 #S28437/M10612 / L8J 0 AVYRD CORPORATION 1988 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 25-S (7im)2 of 2 ## S 2 8 4 3 7 /M10 612