Item E03
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: OCTOBER 19, 2005
Division:
TDC
Bulk Item: Y es ~ No
Department:
Staff Contact Person: Maxine Pacini
AGENDA ITEM WORDING:
Approval of an Agreement with Premiere Racing, Inc. covering Key West Race Week 2006 between
January 15, 2006 and January 20,2006 in an amount not to exceed $54,500, DAC I, FY 2006 Event
Resources.
ITEM BACKGROUND:
TDC approved same at their meeting of August 31, 2005
RECEI"VED
t\UG 3 (; t':
PREVIOUS RELEVANT BOCC ACTION:
BY'
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $54.500
BUDGETED: Yes X No
COST TO COUNTY: $54.500
SOURCE OF FUNDS:
TDC
REVENUE PRODUCING: Y es ~ No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty ~ OMB/Purchasing ~
Risk Management ,~
DIVISION DIRECTOR APPROVAL:
DOCUMENT ATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM
Revised 2/05
MONROE COUNTY BOARD OF COLNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Premiere Racing, Inc. Contract
Effective Date: 10/19/05
Expiration Date:
Contract Purpose/Description:
Approval of an Agreement with Premiere Racing, Inc. covering Key West Race Week
2006 between January 15,2006 and January 20,2006 in an amount not to exceed
$54,500, DAC I, FY 2006 Event Resources.
Contract Manager: Maxine Pacini 3523 TDC # 3
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 10/19/05 Agenda Deadline 10/4/05
CONTRACT COSTS
Total Dollar Value of Contract: $ 54,500
Budgeted? Yes0 No 0 Account Codes
Grant: $
County Match: $
Current Year Portion: $
1] 5-75360-530340-T65M-115X-530340
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----~
- -
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ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Division Director
qAte In
( J Jt/' /y /'i.-"
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Changes
Needed
Y esD No[2}
YesD NolJ:Y
Date Out
Risk Management
\t
O.M.B./Purchasing
~f50fo~ YesD No
I
q:'l1:'1?\!;( vesn NTo
~1J~? I, L-.J 1.
County Attorney
Comments:
OMB Form Revised 2/27!Ol Mep #2
Turn Kev Events AQreement
This AGREEMENT dated the day of 2005, is entered into by and
between the BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY, hereinafter
"County" or "BOCC," on behalf of the TOURIST DEVELOPMENT COUNCIL, hereinafter
"TDC" and Premiere Racing, Inc., hereinafter "Event Sponsor'.
WHEREAS, Event Sponsor has proposed the presentation of a Turnkey Event as
described below; and
WHEREAS, the SOCC 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 soee agrees to pay from tourist development tax funds $54,500 (Fifty Four
Thousand and Five Hundred Dollars) for Key West Race Week 2006 between January 15,
2006 and January 20, 2006, provided Event Sponsor meets all of its obligations under this
agreement.
2.
specified
following:
Scope of Services: Event Sponsor agrees to provide the County with an event as
in the Scope of Services described in the funding application, including the
1. One (1) week of Scheduled yacht racing activities
2. Activities 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 International media exposure for the destination
3. Payment: Payment of the sum set forth in Section 1 above will be made upon
the completion of the event and upon the airing(s) of national and/or international television
when said promotion has bean brought forward within the application as a component of
qualifying as a TurnKey Event and subsequently outlined within the scope of services within
Key West Race Week 2006
1
the contract. Upon receipt from Event Sponsor of a proper invoice with 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, SOCC
shalf pay pursuant to the Florida Prompt Payment Act.
Monroe County's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the SOCC.
4. Accountina: Event Sponsor shall maintain all books, records, and
documents directly pertinent to performance under this Agreement in accordance with
generally accepted accounting principles consistently applied. Each party to this
Agreement or their authorized representatives shalf have reasonable and timely access to
such records of each other party to this Agreement for public records purposes during the
term of the Agreement and for four years following the termination of this Agreement. If
an auditor employed by the County or Clerk determines that monies paid to Contractor
pursuant to this Agreement were spent for purposes not authorized by this Agreement,
the Event Sponsor shall repay the monies together with interest calculated pursuant to
Sec. 55.03, FS, running from the date the monies were paid to Event Sponsor.
5. Modification: Any changes to this contract may be made only by written mutual
agreement, recommended by the TOC and approved by the BOCC.
6. Termination: This Agreement will terminate on September 30, 2006, unless
earlier terminated pursuant to Section 7 below. All invoices must be submitted prior to
September 30, 2006.
7. Non Occurrence of Event: 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: Event Sponsor 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 Event Sponsor.
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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:
Work. associated with the Event (including pre-staging of personnel and material) shall
not commence until satisfactory evidence of the required insurance has been furnished to the
County as specified below. Event Sponsor shalf maintain the required insurance throughout
the entire duration of the SpeCial Event, and any extensions specified in any attached
schedules. Faifure 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 shalf release County from it's obligations to pay under this agreement
Event Sponsor 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
Or
· Certificate of Insurance e-mailed from Insurance Agent/Company to County Risk
Management (Telephone Maria Slavik at 295-3178 for details)
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 TDC 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
P.O. Box 1026
Key West, FL 33041
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.
Key West Race Week 2008
3
The Monroe County Board of County Commissioners, its employees and officials will
be included as "Additional Insurecf' 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.
Event Sponsor shalf 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, Event Sponsor 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
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, 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
..
Key West Race Week 2006
4
*
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 UActs or Omissions of a Vessel", it
shall be endorsed to provide coverage for the legal liability of the ship owner.
The minimLJITlllmits8ceeptable shalf 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: Event Sponsor will secure all required permits, licenses including but
not limited to occupational licenses.
11. Laws and Reaulations: Any and all services, materials and equipment shall
comply fully with all Local, State and Federal laws and regulations.
12. Taxes: The soec and TOC are exempt from Federal Excise and State of
Florida Sales Tax.
13. Finance Charges: The SOCC and TOC will not be responsible for any finance
charges.
14. Relation of BOeCITDC: It is the intent of the parties hereto that 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 soee and TDe,
and the soec 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: Event Sponsor shall be required to list any or all potential conflicts or
interest, as defined by Florida Statute 112 and Monroe County Code. Event Sponsor shall
disclose to the soce 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 SDCC and TOG.
16. Assianment Event Sponsor shaff 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
Key West Race Week 2006
5
or its power to execute such agreement to any person, company or corporation without prior
consent of the TDC and SOCC. The terms, covenants, conditions, and provisions of this
Agreement shall bind and inure to the benefit of the County and Event Sponsor and their
respective legal representatives, successors, and assigns.
17. Nondiscrimination: County and Event Sponsor agree that there will be no
discrimination against any person, and it is expressly understood that upon a determination by
a court of competent jurisdiction that discrimination has occurred, this Agreement
automatically terminates without any further action on the part of any party, effective the date
of the court order. County and Event Sponsor agree to comply with all Federal and Florida
statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include
but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits
discrimination on the basis of race, color or national origin; 2) Title IX of the Education
Amendment of 1972, as amended (20 USC ss. 1681~1683, and 1685-1686), which
prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973,
as amended (20 use s. 794), which prohibits discrimination on the basis of handicaps; 4) The
Age Discrimination Act of 1975, as amended (42 use ss. 6101- 6107) which prohibits
discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL
92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act
of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse
or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 use ss. 690dd-
3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent
records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating
to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 use s. 1201 Note), as maybe amended from time to time, relating
to nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 13, Art. VI,
prohibiting discrimination on the bases of race, color, sex, religion, disability, national origin,
ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any
other nondiscrimination provisions in any Federal or state statutes which may apply to the
parties to, or the subject matter of, this Agreement.
18. Security Protection: Event Sponsor agrees to provide adequate security for the
event.
19. Ethics Clause: 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
Key West Race Week 2006
6
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 othefWise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former or present County officer or
employee.
20. Lo06: 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 TOe and County in November 2000. Radio Advertising
should read "Brought to you by the Monroe County Tourist Development Council". No
reimbursement or direct payment will be considered unless this logo/trade mark is utilized.
21. Severabili~: 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.
22. Authoritv: 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.
23. 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 Of 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".
24. Force Maieure: The Event Sponsor shaff not be liable for delay in performance
or failure to produce the event in whole or in part-due to the occurrence of any contingency
beyond its control or the control, including war or act of war whether an actual declaration
thereof is made or not, act of terrorism impacting travel in the United States, insurrection, riot
Key West Race Week 2006
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or civil commotion, act of public enemy, epidemic, quarantine restriction, storm, flood, drought
or other act of God, act of nature (including presence of endangered animal species which
cannot be timely removed in a safe manner or any act of any governmental authority which
prohibits the event to be produced, in full or in part, as described and for which the Event
Sponsor has exercised reasonable care in the prevention thereof. Any delay or failure due to
the causes stated shall not constitute a breach of the Agreement; however, the BOCC shall
have the righftodetermine if there will be any reduction to the amount of funds due to the
Event Sponsor after consideration of all relevant facts and circumstances surrounding the
delay in performance or failure to produce the event. Upon demand of TDC or BOCe, the
Event Sponsor must furnish evidence of the causes of such delay or failure. BaCC shall not
pay for any services or activities, promotional or otherwise, connected with an event produced
after the date(s) described in paragraph 1 and Scope of Services.
25. GoverninQ Law. Venue: 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 this Agreement, the County and Event Sponsor agree that
venue will lie in the appropriate court or before the appropriate administrative body in Monroe
eounty, Florida.
26. Severability. If any term, covenant, condition or provision of this Agreement (or
the application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining terms,
covenants, conditions and provisions of this Agreement, shall not be affected thereby; and
each remaining term, covenant, condition and provision of this Agreement shall be valid and
shall be enforceable to the fullest extent permitted by law unless the enforcement of the
remaining terms, covenants, conditions and provisions of this Agreement would prevent the
accomplishment of the original intent of this Agreement. The County and Event Sponsor
agree to reform the Agreement to replace any stricken provision with a valid provision that
comes as close as possible to the intent of the stricken provision.
27. Claims for Federal or State Aid. Event Sponsor and County agree that each
shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further
the purpose of this Agreement; provided that alf applications, requests, grant proposals, and
funding solicitations shall be approved by each party prior to submission.
Key West Race Week 2006
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28. Adiudication of Disputes or Disaoreements. County and Event Sponsor agree
that all disputes and disagreements shall be attempted to be resolved by meet and confer
sessions between representatives of each of the parties. If no resolution can be agreed upon
within 30 days after the first meet and confer session, the issue or issues shall be discussed
at a public meeting of the Board of County Commissioners. If the issue or issues are still not
resolved to the satisfaction of the parties, then any party shall have the right to seek such
relief or remedy as may be provided by this Agreement or by Florida law.
29. No Solicitation/Payment. The eounty and Event Sponsor warrant that, in respect
to itself, it has neither employed nor retained any company or person, other than a bona fide
employee working solely for it, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for it, any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. For the breach or
violation of the provision, the agrees that the County shall have the right to terminate this
Agreement without liability and, at its discretion, to offset from monies owed, or othefWise
recover, the full amount of such fee, commission, percentage, gift, or consideration.
30. Public Access. The County and Event Sponsor shall allow and permit
reasonable access to, and inspection of, all documents, papers, letters or other materials in its
possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and
made or received by the County and Event Sponsor in conjunction with this Agreement; and
the County shall have the right to unilaterally cancel this Agreement upon violation of this
provision by Event Sponsor.
31. Privileges and Immunities: All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or employees
of any public agents or employees of the County, when performing their respective functions
under this Agreement within the territorial limits of the County shall apply to the same degree
and extent to the performance of such functions and duties of such officers, agents,
volunteers, or employees outside the territorial limits of the County.
32. Leoal Obligations and Responsibilities: Non-Delegation of Constitutional or
Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibifity imposed upon the entity by law except
to the extent of actual and timely performance thereof by any participating entity, in which
case the performance may be offered in satisfaction of the obligation or responsibility.
Key West Race Week 2006
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Further, this Agreement is not intended to, nor shall it be construed as, authorizing the
delegation of the constitutional or statutory duties of the County, except to the extent permitted
by the Florida constitution, state statute, and case law.
33. Non-Waiver of Immunity: Notwithstanding he provisions of Sec. 286.28, Florida
Statutes, the participation of the County and the Event Sponsor in this Agreement and the
acquisition of any commercial liability insurance coverage, self-insurance coverage, or local
governmenfliabi I itY insurance pool coverage shall not be deemed a waiver of immunity to the
extent of liability coverage, nor shall any contract entered into by the County be required to
contain any provision for waiver.
34. Non-Reliance by Non-Parties: No person or entity shall be entitled to rely upon
the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party
claim or entitlement to or benefit of any service or program contemplated hereunder, and the
County and the Event Sponsor agree that neither the County nor the Event Sponsor or any
agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise
indicate that any particular individual or group of individuals, entity or entities, have
entitlements or benefits under this Agreement separate and apart, inferior to, or superior to
the community in general Of for the purposes contemplated in this Agreement.
35. AttorneY's Fees and Costs: The County and Event Sponsor agree that in the
event any cause of action or administrative proceeding is initiated or defended by any party
relative to the enforcement or interpretation of this Agreement, the prevailing party shall be
entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses,
as an award against the non-prevailing party, and shall include attorney's fees, courts costs,
investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings
initiated and conducted pursuant to this Agreement shall be in accordance with the Florida
Rules of Civil Procedufe and usual and customary procedures required by the circuit court of
Monroe County.
36. Sedion Headinas: Section headings have been inserted in this Agreement as a
matter of convenience of reference only, and it is agreed that such section headings are not a
part of this Agreement and will not be used in the interpretation of any provision of this
Agreement.
37. Entire Aareement The parties agree that the Agreement above constitutes the
entire agreement between the BOCC and Event Sponsor.
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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 KOLHAGE, Clerk
BOARD OF eOUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairman
f)dte
Key West Race Week 2006
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MCTG-8084 Logo Slick L01