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Item D03 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: OCTOBER 15. 2003 Division: TDC Bulk Item: Yes ~ No Department: AGENDA ITEM WORDING: Approval of an Agreement with Premiere Racing, Inc. covering Key West Race Week 2004 on January 18-23, 2004 in an amount not to exceed $45,000, FY 2004, Third Penny, OAC I allocation. ITEM BACKGROUND: TOC approved same at their meeting of August 13, 2003. PREVIOUS REVELANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: New Agreement STAFF RECOMMENDATIONS: Approval TOTAL COST: $45.000 BUDGETED: Yes ---..2L No COST TO COUNTY: $45.000/TOURIST PAY REVENUE PRODUCING: Y es ~ No MOUNTPERMONTH_ Year APPROVED BY: County Atty---..2L DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included X ToFollow_ NotRequired_ AGENDA ITEM # (2:23' DISPOSITION: Revised 2/27/01 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Premiere Racing, Inc. Contract #_ Effective Date: Expiration Date: 10/15/03 9/30/04 Contract Purpose/Description: Approval of an Agreement with Premiere Racing, Inc. covering Key West Race Week 2004 on January 18-23, 2004 in an amount not to exceed $45,000, FY 2004, Third Penny, DAC I allocation. Contract Manager: Maxine Pacini (Name) 3523 (Ext. ) TDC # 3 (Department/Stop #) for BOCC meeting on 10/15/03 Agenda Deadline: 9/30/03 CONTRACT COSTS Total Dollar Value of Contract: $ 45,000 Budgeted? YesC8J No 0 Account Codes: Grant: $ County Match: $ Current Year Portion: $ 115-75360530-340- T45Ml15X-530340 - - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $~yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) - - - - ----- Division Director ~;~ r/J103 Changes Needed YesD NoD-- Date Out CONTRACT REV O.M.B./Purchasing ~:J County Attorney ~ YesD NoW S.Hutton Risk Management Comments: OMB Form Revised 2/27/01 MCP #2 Turn Kev Events Aqreement This AGREEMENT dated the day of 2003, 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 $45,000 (Forty Five Thousand Dollars) for the Key West Race Week 2004 on January 18-23, 2004 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; t. One (1) week of scheduled yacht racing events 2. Events will include a Skipper's Meeting, SponsorNIP Race Viewing, Seminars, Symposiums, Yacht Races, Receptions and Award Ceremonies 3. Industry Exhibit and Hospitality Area 4. National and/or International media exposure 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, news releases, and the required insurance was obtained no less than twenty days prior to the event, BOCC shall pay $45,000. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the BOCC. 4. Accountinq: 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. 1 Premiere Racing, Inc. 5. Modification: Any changes to this contract may be made only by written mutual agreement, recommended by the TDC and approved by the SOCC. 6. Termination: This Agreement will be terminated on September 30, 2004. All invoices must be submitted prior to September 30, 2004. 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. B. 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 SOCC prior to the Event. The Insurance 2 Premiere Racing, Inc. 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 1100 Simonton Street Room 2-277 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. 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 Premiere Racing, Inc. 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. Prior to the commencement of work governed by this contract, Premiere Racing, Inc. 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. 10. Permits: Premiere Racing, Inc. 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, 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. 4 Premiere Racing, Inc. 13. Finance Charaes: The soee and TDC will not be responsible for any finance charges. 14. Relation of BOCC/TDC: 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 SOCC 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 SOCC 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. Assianment: 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 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. Premiere Racing, Inc. 5 20. Media riahts: 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. Loao: 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. 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.. 6 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. By President (SEAL Attest: DANNY L. 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