Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
FY2013 10/17/2012
DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: October 23, 2012 TO: Lynda Stuart, Office Manager Tourist Development Council ATTN: Maxine Pacini Administrative Assistant FROM: Pamela G. Han ck, .C. At the October 17, 2012, Board of County Commissioners meeting, the Board granted approval and authorized execution of the following Tourist Development Council Items: 2. Agreement with City of Key West covering the Smathers Beach Re- nourishment project in an amount not to exceed $187,500, DAC I, FY 2013 Capital Resources. 3. Agreement with the City of Marathon covering the Installation of Observation Boardwalk and Tiki Huts project in an amount not to exceed $37,500, DAC III, FY 2013 Capital Resources. 4. Agreement with the Florida Keys History of Diving Museum, Inc. covering the Exterior Improvements project in an amount not to exceed $119,283, DAC IV, FY 2013 Capital Resources. 5. Agreement with the Dolphin Research Center, Inc. to Re- thatch & Repair Causeway Tiki & Research Tower project in an amount not to exceed $30,725, DAC III, FY 2013 Capital Resources. 6. Agreement with San Carlos Patriotic and educational Institute, Inc. covering the Minor Repairs and Upgrades project in an amount not to exceed $7,080, DAC I, FY 2013 Capital Resources. 7. Agreement with the Florida Keys Wild Bird Rehabilitation Center, Inc. covering the Sanctuary Pelican Habitat Restoration project in an amount not to exceed $8000, DAC V, FY 2013 Capital Resources. 8. Agreement with the Florida Keys Wild Bird Rehabilitation Center, Inc. covering the Feeding Station to Cormorant Habitat Boardwalk project in an amount not to exceed $6,000, DAC IV, FY 2013 Capital Resources. 9. Agreement with Lower Keys Chamber of Commerce, Inc. covering Nautical Flea Market, 9 Annual in January, 2013 in an amount not to exceed $15,000, DAC II, FY 2013 Event Resources. 10. Agreement with Domestic Abuse shelter, Inc. covering No Name Race in January, 2013 in an amount not to exceed $7,500, DAC II, FY 2013 Event Resources. 11. Agreement with Monroe County Commercial fishermen, Inc. covering Florida Keys Seafood Festival, 8t Annual in January, 2013 in an amount not to exceed $25,000, DAC I, FY 2013 Event Resources. 12. Agreement with Ragnar events, LLC covering Ragnar Relay Florida Keys in January, 2013 in an amount not to exceed $60,000 ($35,000 = DAC I; $5,000 = DAC II), FY 2013 Event Resources. 13. Agreement with Premiere Racing, Inc. covering Key West Race Week 2013 in January, 2013 in an amount not to exceed $120,000, DAC I, FY 2013 Event Resources. 14. Cultural Umbrella event agreements for FY 2013, as listed below, in the amount totaling $475,544: • Agreement with Upper Keys Business Group, Inc. covering the Key Largo Pirate's Fest in October 2012 in an amount not to exceed $17,375, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with Key West Garden Club Inc. covering the Key West Garden Club 2012 -2013 Seasonal Events in Oct 2012 — April 2013 in an amount not to exceed $12,936, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with Key West Players, Inc. covering the Waterfront Playhouse 2012 -2013 Season in Oct 2012 — May 2013 in an amount not to exceed $18,701, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with Key West Burlesque covering the Key West burlesque Season 2012 -2013 in Oct 2012 — June 2013 in an amount not to exceed $14,917, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with the Key West Botanical Garden Society, Inc. covering the Key West botanical Garden Cultural Events in Oct 2012 — July 2013 in an amount not to exceed $16,770, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with The Key West Harry S. Truman Foundation covering the Truman in Key West 2013 in Oct 2012 — Sept 2013 in an amount not to exceed $16,770, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with the Key West Art and Historical Society, Inc. covering the Key West Art & Historical Society Cultural Events in Oct 2012 — Sept 2013 in an amount not to exceed $18,315, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with The Florida Keys History of Diving Museum covering Immerse Yourself in Oct 2012 — Sept 2013 in an amount not to exceed $11,816, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with Saint Paul's Protestant Episcopal Church of KW covering the Performance at St. Paul's in Oct 2012 — Sept 2013 in an amount not to exceed $9,343, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with the Morada Way Arts & Cultural District, Inc. covering the Morada Way Third Thursday Walkabouts & Isla Fine Art Expo in Oct 2012 — Sept 2013 in an amount not to exceed $21,750, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with The Mel Fisher Maritime Heritage Society covering The Keys Maritime History Event Series in Oct 2012 — Sept 2013 in an amount not to exceed $19,242, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with ValnChz Productions covering Esperando Nacer! in Nov 2012 in an amount not to exceed $9,549, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with the Key West Film Festival Corp. covering the Key West Film Festival in Nov 2012 — Dec 2012 in an amount not to exceed $14,740, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with Sculpture Key West, Inc. covering Sculpture Key West in Nov 2012 — March 2013 in an amount not to exceed $18,138, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with the Florida Keys Art Guild, Inc. covering the Florida Keys Art Guild Festivals in Nov 2012 — March 2013 in an amount not to exceed $16,500, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with the Florida Keys Community Concert Band, Inc. covering Pops in the Park in Nov 2012 — Apr 2013 in an amount not to exceed $16,709, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with The Studios of Key West, Inc. covering the Studios of Key West 2012/13 Season in Nov 2012 — Apr 2013 in an amount not to exceed $15,049, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with The Peoples Theater of Key West, Inc. covering Key West FRINGE in Nov 2012 — June 2013 in an amount not to exceed $11,122, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with the Red Barn Actors Studio, Inc. covering the Red Barn Theatre 2012 -13 Theatre Season in Nov 2012 — Aug 2013 in an amount not to exceed $19,551, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with The Marathon Community Theatre Inc. covering the Marathon Community Theatre Season 2012 -13 in Nov 2012 — Sept 2013 in an amount not to exceed $21,550, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with the Paradise Ballet Theatre Presenters, Inc. covering the Nutcracker Key West 2012 in Dec 2013 in an amount not to exceed $17,256, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with the Old Island Restoration Foundation, Inc. covering the Key West House & Garden Tours; Conch Shell Blowing in Dec 2012 — Mar 2013 in an amount not to exceed $14,607, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with the Key West Council on the Arts, Inc. covering the Impromptu Classical Concerts 2013 Season in Jan 2013 — March 2013 in an amount not to exceed $17,763, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with the Key West Art Center, Inc. covering the Key West Art Center Arts Events 2013 in Jan 2013 — March 2013 in an amount not to exceed $9,983, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with the Monroe Association for Retarded Citizens, Inc. covering the Master Chefs Classic 19' Annual in Jan 2013 in an amount not to exceed $8,900, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with the Key West Literary Seminar, Inc. covering the Key West Literary Seminar 31s` Annual in Jan 2013 in an amount not to exceed $17,388, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with the Pigeon Key Foundation, Inc. covering the Pigeon Key Art Festival in Feb 2013 in an amount not to exceed $16,400, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with the Marathon Garden Club, Inc. covering the Marathon Garden Club's House & Garden Tour in March 2013 in an amount not to exceed $10,020, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with the Key Largo Merchants Association, Inc. covering the Key Largo's Original Music festival in May 2013 in an amount not to exceed $19,350, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with the Lower Keys Chamber of Commerce, Inc. covering the Underwater Music Festival 29` Annual in July 2013 in an amount not to exceed $10,710, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with the Florida Keys Birding and Wildlife Festival, Inc. covering the Florida Keys Birding and Wildlife Festival in Sept 2013 in an amount not to exceed $12,324, FY 2013 Two Penny Cultural Umbrella Funding. 15. Agreement with Key Largo Merchants Association, Inc. covering Key Largo Stone crab & Seafood Festival in January, 2013 in an amount not to exceed $40,000, DAC V, FY 2013 Event Resources. 16. Agreement with Key Largo Merchants Association, Inc. covering Uncorked — Key Largo & Islamorada Food & Wine Festival in January, 2013 in an mount not to exceed $50,000, (DAC IV = $20,000; DAC V = $30,000), FY 2013 Event Resources. 18. Agreement with MRM Key West LLC covering Key West Food and Wine Festival in January, 2013 in an amount not to exceed $50,000, DAC I, FY 2013 Event Resources. 19. Fishing Umbrella event agreements for FY 2013, as listed below, in the amount totaling $268,750: • Agreement with Islamorada Charterboat Association, Inc. covering the Islamorada Sailfish Tournament in November /December 2012 in an amount not to exceed $9,000, FY 2013 Two Penny Fishing Umbrella Funding. • Agreement with Tammie Gurgiolo covering the Pigeon Islamorada Junior Sailfish Tournament in December 2012 in an amount not to exceed $2,750, FY 2013 Two Penny Fishing Umbrella Funding. • Agreement with Don Gurgiolo Sailfish Classic covering the Don Gurgiolo Sailfish Classic in December 2012 in an amount not to exceed $4,000, FY 2013 Two Penny Fishing Umbrella Funding. • Agreement with Murray Marine, Inc. covering the Key West Harbour King Mackeral Tournament in January 2013 in an amount not to exceed $15,000, FY 2013 Two Penny Fishing Umbrella Funding. • Agreement with Key Largo Sailfish Challenge covering the Key Largo Sailfish Challenge in January 2013 in an amount not to exceed $8,000, FY 2013 Two Penny Fishing Umbrella Funding. • Agreement with Key West Fishing Tournament, Inc. covering the Key West Fishing Tournament in January - November 2013 in an amount not to exceed $44,000, FY 2013 Two Penny Fishing Umbrella Funding. Agreement with Loren Rea covering the Cuda Bowl in February 2013 in an amount not to exceed $5,000, FY 2013 Two Penny Fishing Umbrella Funding. • Agreement with Islamorada Womens Sailfish Tournament covering the Islamorada Womens Sailfish Tournament in February 2013 in an amount not to exceed $3,000, FY 2013 Two Penny Fishing Umbrella Funding. • Agreement with March Merkin, Inc. covering the March Merkin Permit Tournament in March 2013 in an amount not to exceed $4,000, FY 2013 Two Penny Fishing Umbrella Funding. • Agreement with Saltwater Fishing Connection LLC covering the Jim Bokor Islamorada All Tackle Bonefish Tournament in March 2013 in an amount not to exceed $2,000, FY 2013 Two Penny Fishing Umbrella Funding. Agreement with Matthew Anthony covering the Capt. Leon Shell Memorial Sailfish Tournament in March 2013 in an amount not to exceed $10,000, FY 2013 Two Penny Fishing Umbrella Funding. • Agreement with Executive Adventures, LLC covering the World Sailfish Championship in April 2013 in an amount not to exceed $45,000, FY 2013 Two Penny Fishing Umbrella Funding. • Agreement with David Breznicky covering the Tarponian Tournament in April/May 2013 in an amount not to exceed $6,000, FY 2013 Two Penny Fishing Umbrella Funding. • Agreement with Charlie's Coconuts, LLC covering the Coconuts Dolphin Tournament in May 2013 in an amount not to exceed $13,000, FY 2013 Two Penny Fishing Umbrella Funding. • Agreement with Nick Sheahan Scholarship Fund, Inc. covering the Nick Sheahan Dolphin Rodeo in May 2013 in an amount not to exceed $8,000, FY 2013 Two Penny Fishing Umbrella Funding. • Agreement with Marathon Offshore Bull l& Cow Dolphin Tournament, Inc. covering the Marathon Offshore Bull & Cow Dolphin Tournament in May 2013 in an amount not to exceed $10,000, FY 2013 Two Penny Fishing Umbrella Funding. • Agreement with Third Generation Charters Inc. covering the Florida Keys Dolphin Championship in May 2013 in an amount not to exceed $5,000, FY 2013 Two Penny Fishing Umbrella Funding. • Agreement with Golden Fly Invitational Tarpon Tournament Inc. covering the Golden Fly Invitational Tarpon Tournament Inc. in May 2013 in an amount not to exceed $1,000, FY 2013 Two Penny Fishing Umbrella Funding. • Agreement with Islamorada Charterboat Association Inc. covering the Islamorada Dolphin Tournament in May /June 2013 in an amount not to exceed $6,500, FY 2013 Two Penny Fishing Umbrella Funding. • Agreement with University of Florida Alumni Association, Inc., Key West Gator Club covering the Key West Gator Club Dolphin Derby in June 2013 in an amount not to exceed $7,500, FY 2013 Two Penny Fishing Umbrella Funding. • Agreement with Interselect Inc. covering the Dolphin & Blackfin Tuna Fun Fishing Tournament in June 2013 in an amount not to exceed $5,000, FY 2013 Two Penny Fishing Umbrella Funding. • Agreement with Lower Keys Chamber of Commerce Inc. covering the Big Pine & Lower Keys Dolphin Tournament in June 2013 in an amount not to exceed $10,000, FY 2013 Two Penny Fishing Umbrella Funding. • Agreement with Key West Marlin Tournament, Inc. covering the Key West Marlin Tournament in July 2013 in an amount not to exceed $30,000, FY 2013 Two Penny Fishing Umbrella Funding. • Agreement with Del Brown Permit Tournament covering the Del Brown Permit Tournament in July 2013 in an amount not to exceed $4,000, FY 2013 Two Penny Fishing Umbrella Funding. • Agreement with Rotary Club of Key Largo, Inc. covering the Take Stock in Children Backcountry Challenge in September 2013 in an amount not to exceed $4,000, FY 2013 Two Penny Fishing Umbrella Funding. • Agreement with Marathon International Bonefish Club, Inc. covering the Marathon International Bonefish Tournament in September 2013 in an amount not to exceed $5,000, FY 2013 Two Penny Fishing Umbrella Funding. • Agreement with Saltwater Fishing Connection LLC covering the Islamorada All Tackle Bonefish World Championship in October 2013 in an amount not to exceed $2,000, FY 2013 Two Penny Fishing Umbrella Funding. Attached are electronic copies of each of the above - mentioned for your handling. Should you have any questions, please feel free to contact me. cc: County Attorney w/o documents Finance hard copy File Turn Key Events Agreement THIS AGREEMENT (Agreement) is entered into this day of _ �`• , 2012, by and between MONROE COUNTY, a political subdivision of the state of Florida (County) and Premiere Racing, Inc. a For Profit organized under the laws of the state of Florida (Event Sponsor). WITNESSETH: In consideration of the mutual covenants contained herein the parties agree as follows: 1. Payment: The COUNTY agrees to pay $120,000 (One Hundred and Twenty Thousand Dollars — TDC District I Funding Allocation) for: Key West Race Week in January, 2013 from tourist development tax funds provided Event Sponsor meets all of its obligations under this agreement. 2. Scope of Services The Event Sponsor agrees to provide the County with an event as specified in the Scope of Services below (Event): 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. Sponsor and Industry Partner Exhibit and Hospitality Area 4. National or International unpaid marketing exposure for the destination (Public Relations Campaign) 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, COUNTY shall pay the sum in Paragraph 1. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the COUNTY. 4. Accounting Financial records of Sponsor pertaining to this project shall be kept according to generally recognized accounting principles and shall be available to the COUNTY Key West Race Week FY 2013 M #: 1140 1 or to �in 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 COUNTY. 6. Termination This Agreement terminates on September 30, 2013. All invoices must be submitted prior to September 30, 2013. 7. Non Occurrence of Event The 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 The Event Sponsor covenants and agrees to indemnify and hold harmless and defend Monroe County, its officers, employees and agents including the Tourist Development Council and Visit Florida Keys 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 services provided, event sponsored, or other activities and funding associated with this agreement, except those losses or damages caused by COUNTY or its agents. 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. 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 Please have your insurance agency e-mail your certificates of insurance directly to Maria Slavik in the Monroe County Risk Management Department. Slavik- Maria(a Mon roeCounty- FL.Gov — The e-mail must state that this is a certificate for a TDC event (state name of event as written within your contract) and should be forwarded to Maxine Pacini at the TDC administrative office. Your certificate must state that the Monroe County Board of County Commissioners is a "Certificate Holder" and that Monroe County, its employees and officials will be included as "additional insured ". If you or your insurance agency need to speak with Maria regarding the insurance requirements, she can be contact by telephone at (305) 295 -3178, or by e-mail at the address stated above. It is the event sponsor's responsibility to confirm that your insurance has been received and approved. You can do this by contacting Maxine Pacini at AdminAssta- fla- keys.com or by calling (305) 296 -1552. Key West Race Week FY 2013 ID #: 1140 2 Event ,sponsor 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. 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 may result in the immediate suspension of the Event until the required insurance has been reinstated or replaced. Event sponsor shall provide, to the County, as satisfactory evidence of the required insurance, either: Original 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 COUNTY 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 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. 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. Prior to commencement of work governed by this contract, event sponsor shall obtain General Liability Insurance. Coverage shall be maintained through out 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 Key West Race Week FY 2013 ID #: 1140 3 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 than the contractor's General Liability policy. 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 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. A Workers Compensation insurance is required by Florida Statutes. 10. Permits The Event Sponsor will secure all required permits and licenses and shall pay all appropriate business taxes. 11. Laws and Regulations Any and all services, materials and equipment shall comply fully with all Local, State and Federal laws and regulations. 12. Taxes The COUNTY and TDC are exempt from Federal Excise and State of Florida Sales Tax. 13. Finance Charges The COUNTY and TDC will not be responsible for any finance charges. 14. Relation of COUNTY/TDC It is the intent of the parties hereto that the 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 COUNTY and TDC, and the COUNTY and TDC shall at no time be legally responsible for any Key West Race Week FY 2013 ID #: 1140 4 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 The Event Sponsor shall be required to list any or all potential conflicts or interest, as defined by Florida Statutes Chapter 112 and Monroe County Code. The Event Sponsor shall disclose to the COUNTY 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 COUNTY and TDC. 16. Assignment The 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 COUNTY. 17. Compliance with laws - Nondiscrimination The Event Sponsor, 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. 18. Security Protection: The Event Sponsor agrees to provide adequate security for the event. 19. Ethics Clause The 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 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 for by the COUNTY and TDC under this agreement. 21. Logo All promotional literature and display advertising with the exception of generic advertising must display the "Key West — Close to Perfect - Far From Normal" logo /trade mark (as per attached logo sample — Exhibit A). This logo /trade mark was adopted by the TDC and County in April 2010. 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 Key West Race Week FY 2013 ID #: 1140 5 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 the agreement for the Sponsor and c) this Agreement has been approved by the Sponsor's Governing Board. 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 proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals 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, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list ". By execution of this Agreement, Sponsor warrants that it is in compliance with this requirement. 25. Governing LawNenue 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 the agreement, the County and Sponsor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. This Agreement shall not be subject to arbitration. 26. Notice Any notice required or permitted under this agreement shall be in writing and had delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested to the following: For Grantee: Peter S Craig Premiere Racing, Inc. 67B Front Street Marblehead, MA 01945 Key West Race Week FY 2013 ID #: 1140 For Grantor: Lynda Stuart Monroe County Tourist Development Council 1201 White Street, Suite 102 Key West, FL 33040 And Cynthia Hap, Asst. County Attome P.O. Box 1026 Key West, FL 33041 -1026 27. Entire Agreement The parties agree that the Agreement above constitutes the entire agreement between the COUNTY 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 Deputy Clerk Board of County Commissioners of Monroe / County le ` Mayor/Cha (CORPORATE SEAL) Attest: BY. Secretary Print Name Date: OR TWO WITNESSES (1) Print Name: Date: Key What Race Vlm* FY W13 ID #. 1140 Racing, Inc. By Peter S C ram Print Name D AUGUST 25 2012 (2) _ Print Name: Date: A � CM N � — n 0 -� ;�o 0 0 M OE COUNTY ATTORNEY P RO D AS TO, Fj0 7 . tt ASSIS ANT O NTY ATTORNEY Dete — EXHIBIT A In- County Logo The below logo that includes the "Monroe County Tourist Development Council' designation is to be utilized in all approved in- county print newspaper ads, magazine ads, street banners, posters and other approved signage efforts. Radio commercials should include "Brought to you by The Monroe County Tourist Development Council'. To seek approval, clarification and /or logo in electronic format (eps or jpg file), contact Jessica Taylor -Smith or John Underwood with Tinsley Advertising at 305 - 856 -6060. K ey\Y / est Close to Perfect -Far From Normal MONROE COUNTY TOURIST DEVELOPMENT COUNCIL Out -of- County Logo The below logo that does NOT include the "Monroe County Tourist Development Council' designation is to be utilized in all other efforts including any approved out -of- county print newspaper ads, magazine ads, television commercials, internet advertising (banners, buttons, e -mail blasts), direct mail promotions (brochures and pamphlets) and any approved promotional items including programs, T- shirts, hats, jackets and koozie cups. Radio commercials should include "Brought to you by The Monroe County Tourist Development Council'. To seek approval, clarification and /or logo in electronic format (eps or jpg file), contact Jessica Taylor -Smith or John Underwood at Tinsley Advertising at 305 - 856 -6060. K ey\Vest Close to Perfect -Far From Normal Key West Race Week FY 2013 ID #: 1140 �u { Client#: 12597 USSAIL ACORDTM DATE (MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 12/06/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER CONTACT NAME: Carter Gowrie Gowrie Group PHONE 8 60 3995945 FAX 860 399 -3615 70 Essex Road ( E E-MAIL EM): (ac, No): ADDRESS: Westbrook, CT 06498 860 399 -5945 INSURER(S) AFFORDING COVERAGE NAIL # INSURER A : Great Northern Ins Co (Chubb) 20303 INSURED INSURER B : Federal Ins Co (Chubb) 20281 United States Sailing Association Inc INSURER C : 15 Maritime Drive Portsmouth, RI 02871 INSURER D INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LT R TYPE OF INSURANCE INSR WVD POLICY NUMBER L POLICY EFF POLICY EXP LIMITS (MMIDD/YYYY) (MM /DD/YYYY) A GENERAL LIABILITY X 35810562 12/01/2012 12/01 /2013 EACH OCCURRENCE $1,000,000 PR X COMMERCIAL GENERAL LIABILITY EMISES E ante) $1,000,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $10 000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'LAGGREGATE LIMIT APPLIESPER: PRODUCTS - COMP/OP AGG $ INCLUDED — I POLICY n E. fl LOC $ AUTOMOBILE LIABILITY a� r COMBINED a accident) SINGLE LIMIT Nino. / � (E � ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NON -OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) B x UMBRELLA LIAB X OCCUR 79832253 12/01/2012 12/01/2013 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $10,000,000 DED RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY Y / N TORY I IMITS FR ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N 1 A (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ B Marine X 07319220 12/01/2012 12/01/2013 Protection & Indemnity $250 Deductible $1,000,000 Limit DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Additional Insured: Premiere Racing, Inc. Monroe County Board of County commissioners, its employees & officials are listed as certificate holders & additional insured on general liability, protection and indemnity coverage with respect to the Key West Race Week 2013, to be held from January 2nd - February 5th, 2013, including set up /break down. Lc CERTIFICATE HOLDER CANCELLATION Monroe County Its Employees & SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Officials, Monroe County Board ACCORDANCE WITH THE POLICY PROVISIONS. of County Commissioners, c/o Risk Mgmt, 1100 Simonton Street, AUTHORIZED REPRESENTATIVE Room 1 -213, Key West, FL 33040 /f n- .C/ • l.. Gta, i © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S59780/M59617 LLS