FY2000 11/09/1999
Cled( of De
Circul coun
Danny L. Kolhage
Memnrandum
To:
Lynda Stuart, Offtce Manager
Tourist Development Council
From:
Isabel C. DeSant~, (\ Il ~
Deputy Clerk \...Y . ~ . /...I.
Date:
Monday, January 3, 2000
At the BOCC meeting on November 9, 1999, the Board granted approval and
authorized execution of a Turnkey Events Agreement between Monroe County and
Premiere Racing, Inc. to cover Yachting Key West Race Week 2000 on January 16-21,
2000, in an amount not to exceed $60,000, FY 2000, third penny, DAC 1 allocation.
Attached is a fully executed duplicate original and a photocopy of the above
document for your handling.
Should you have any questions concerning the above, please do not hesitate to
contact this office.
Enclosures - (2)
cc: Finance, c/o Kim Hanna
County Attorney
~le
Turn Key Events Agreement
THIS AGREEMENT is entered into this q# day of N~ v' ,1999, 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 ($60,000.00) Sixty Thousand dollars for
Yachting Key West Race Week 2000 covering a period from January 16-21, 2000 from
tourist development tax funds provided Event sponsor meets all of its Obliiti~s ~ee:!
this agreement. gP~ i a
2. Scope of Services: The Premiere Racing, Inc. agrees togWl6Vid~ th~
County with an event as specified in the Scope of Services; ~?O8 .." ;0
.... ,- :It ::::0
1. One (1) week of scheduled Yachting Race Events. :<~:z; r'I1
'f J> .....; j ("')
2. Events will include Skipper meetings, SponsorNIP Y;ichf;; ;;. g
boarding's, Seminars, Symposiums, Yacht Races, Reception~mP
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 $60,000.00.
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 BOCC reserves the right at its
discretion, provided such breach is material, to terminate the services in this agreement
for any misfeasance, malfeasance, or nonperformance of the agreement terms or
negligent performance of the agreement terms by Premiere Racing, Inc.
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7. Termination: 120 days after the date of the event, the agreement will be
terminated. All invoices must be submitted within the 120 day period.
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
c_ancel an event. The notice snail 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 materiel) 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:
* Certificate of Insurance
or
* Certified copy of the actual insurance policy
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.
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.
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The Monroe County Board of County Commissioners, its employees and officials
will be included as "Additional Insured" on all policies, except for Worke!,s
compensation.
Any deviations from these General Insurance Requirements must be requested
i~ 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:
* $500,00.00 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.
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.
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13. Taxes: The SOCC and TOC are exempt from Federal Excise and State
of Florida Sales Tax.
14. Finance Charges: The SOCC and TOC will not be responsible for any
finance charges.
15. Relation of soccrroc: 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 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.
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 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.
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 TOC and SOCC.
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.
19. Security Protection: The Premiere Racing, Inc. agrees to provide
adequate security for the event. No TOC 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 SOCC and TOC shall be the property of the SOCC and
TOC, for whatever use and/or disposition the SOCC and TOC may deem 'appropriate.
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22. Media rights: The TDC shall have the right to broadcast, rebroadcast,
use, reproduce or transmit for any purpose whatsoever, radio, television, pictur~s,
sound, film and tape motion pictures and still photographs paid by the SOCC and'iDC
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 Soard 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
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 SOCC and Premiere Racing, Inc.
IN WITNESS WHEREOF, the parties hereto have xecuted this agreement the
day and year first above written.
(SEAL)
Attest:
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