12/18/2002
Turn Key Events Aqreement
This AGREEMENT dated the /,f1ay of MY-. 2002, is entered into by and between
the BOARD OF COUNTY COMM'ISSIONERS -FOR MONROE COUNTY, hereinafter "County,"
on behalf of the TOURIST DEVELOPMENT COUNCIL, hereinafter "TDC" and Key West
Investment Syndicate, Inc., hereinafter "Key West Investment Syndicate, Inc.".
WHEREAS, the BOCC finds it in the best interest of the County to promote tourism by
entering into this agreement,
NOW THEREFORE, in consideration of the mutual covenants contained herein, the
parties agree as follows:
1. The BOCC agrees to pay $90,712 (Ninety Thousand, Seven Hundred and
Twelve Dollars) for The APBA Marathon Offshore Grand Prix on May 15 - 18, 2003, from
tourist development tax funds provided Event sponsor meets all of its obligations under this
agreement.
2. Scope of Services: Key West Investment Syndicate, Inc. agrees to provide the
County with an event as specified in the Scope of Services;
a) Weekend of scheduled Power Boat Activities
b) Activities to include Power Boat Racing; Racing for multiple classes;
Racers Parties; testing Race Village; and awards ceremony.
c) Aired National Television Program.
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, television coverage and news
releases, and the required insurance was obtained no less than twenty days prior to the event,
BOCC shall pay $90,712.
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 Key West Investment Syndicate, 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
Key West Investment Syndicate, Inc. FY 2003 Marathon Event
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. Termination: This Agreement will be terminated on September 30, 2003. All
invoices must be submitted prior to September 30, 2003.
7. Non Occurrence of Event: Key West Investment Syndicate, 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.
8. Indemnification and Hold Harmless: Key West Investment Syndicate, 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
Key West Investment Syndicate, Inc.
9. Insurance Requirements: Key West Investment Syndicate, 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:
Key West Investment Syndicate, 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. Key
West Investment Syndicate, 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. Key West Investment
Syndicate, 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
2
Key West Investment Syndicate, Inc. FY 2003 Marathon Event
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 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
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 Key West Investment Syndicate, Inc.'s insurance shall
not be construed as relieving Key West Investment Syndicate, 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 Workers 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.
Key West Investment Syndicate, 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, Key West Investment
Syndicate, 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
3
Key West Investment Syndicate, Inc. FY 2003 Marathon Event
* $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.
10. Permits: Key West Investment Syndicate, Inc. will secure all required permits,
licenses including but not limited to occupational licenses.
11. Laws and Reoulations: Any and all services, materials and equipment shall
comply fully with all Local, State and Federal laws and regulations, and Key West Investment
Syndicate, Inc. agrees that the venue for any dispute concerning this agreement shall be in
Monroe County, Florida.
12. Taxes: The SOCC and TOC are exempt from Federal Excise and State of
Florida Sales Tax.
13. Finance Charoes: The SOCC and TOC will not be responsible for any finance
charges.
14. Relation of SOCC/TOC: It is the intent of the parties hereto that Key West
Investment Syndicate, 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.
15. Disclosure: Key West Investment Syndicate, Inc. shall be required to list any or
all potential conflicts or interest, as defined by Florida Statute 112 and Monroe County Code.
Key West Investment Syndicate, 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.
16. Assionment: Key West Investment Syndicate, 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.
4
Key West Investment Syndicate, Inc. FY 2003 Marathon Event
17. Compliance with laws - Nondiscrimination: Key West Investment Syndicate, 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: Key West Investment Syndicate, Inc. agrees to provide
adequate security for the event.
19. Ethics Clause: Key West Investment Syndicate, 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.1 0-1990. 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 riohts: The TOC 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 SOCC and TOC under this agreement.
21. Looo: 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 TOC 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. Severabilitv: 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:
5
Key West Investment Syndicate, Inc. FY 2003 Marathon Event
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 Aqreement: The parties agree that the Agreement above constitutes the
entire agreement between the BOCC and Key West Investment Syndicate, Inc..
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and
year first above written.
(SEAL)
Attest:
::~nvedel"01tc.
President / /
r:~~ ~ ...p .
<0; '- ....,::.,..... l.d ,<
~:~S2 M.;-.~... i .~
~ L.;,~,L.. ...'~~. .
~~j.\tt~itb~ L. KOLHAGE, Clerk
C~~
c> . ("'.J' ...... ~ -- U
LLn ' :";::,
c;>y C' =-- ,-
:J ~:: . ....~ ~ eputy Clerk
_ (_ ~..l .,_
t,;" ..:...
...- c'--,,j.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By ~J~ >n ~
Mayor/Chairman
6
Key West Investment Syndicate, Inc. FY 2003 Marathon Event
TU[ flORIDA Kns &KnW[ST
MONROf COUNTYTOURIST DfVflOPMfNT COUNCIl
C&hte a,; ,!&u are.@
TH[ flORIDA Kns & Kn W[ST
MONROf COUNTY TOURIST DfvnOPMfNT COUNCil
C&hte a,; ,!&u are.@
TH[ flORIDA Kns & Kn W[ST
MONROf COUNTYTOURIST DfvnOPMfNT COUNCil
C&hte a,; ,!&u are.@
TU[ flORIDAKns &KnW[ST
MONROf COUNTY TOURIST DfvnOPMfNT COUNCil
C&hte a,; '!&U are.@
TH[ flORIDA Kns & Kn W[ST
MONRO[ COUNTY TOURIST DmLOPM[NT COUNCIl
C&hte a,; ,!&u are.@
TH[ flORIDA Kns & Kn W[ST
MONROf COUNTYTOURIST DfVnOPM[NT COUNCIL
C&hte a,; ,!&u are.@
THf [lORIDA KfYS & KfY WfST
MONRO[ COUNTY TOURIST O[VROPM[NT COUNCIL
C&Me (JG 'Y&U (Jpe.@
TUf [lORIDA KfYS & KfY WfST
MONRO[ COUNTY TOURIST O[V[LOPM[NT COUNCIL
C&Me (JG 'Y&U (Jpe.@
TUf [lORIDA KfYS & KfYWfST
MONRO[ COUNTY TOURIST O[YHOPM[NT COUNCIL
C&Me (JG 'Y&U (Jpe.@
TUf [lORIDA KfYS & KfY WfST
MONRO[ COUNTY TOURIST O[V[LOPM[NT COUNCIL
C&Me (JG 'Y&U (Jpe.@
THf [lORIDA KfYS & KfY WfST
MONRO[ COUNTYTOURIST O[V[LOPM[NT COUNCIL
C&Me (JG 'Y&U (Jpe.@
THf [lORIDA KfYS & KfY WfST
MONRO[ COUNTY TOURIST O[V[LOPM[NT COUNCIL
C&Me (JG 'Y&U (Jpe.@
TU[ nORIDA Km & KH wm TU[ nORIDA Km & KH wm T"[ nORIDA Km & K[Y wm
MONROE COUNTY TOURIST DEVELOPMENT COUNCil MONROE COUNTY TOURIST DEVElOPMENT COUNCIl MONROE COUNTY TOURIST DEVELOPMENT COUNCil
CliMe aif? Ytlu arefP CliMe aif? Ytlu are,@ CliMe aif? Ytlu are,@
TU[ fLORIDA Km & KH wm TU[ fLORIDA Km & KH wm TU[ fLORIDA Km & K[Y wm
MONROE COUNTY TOURIST DEVElOPMENT COUNCIl MONROE COUNTY TOURIST DEVElOPMENT COUNCIl MONROE COUNTY TOURIST DEVElOPMENT COUNCIl
CliMe aif? YIIU are,@ CliMe aif? Ytlu are,@ CliMe aif? Ytlu are,@
TU[ fLORIDA KfYS & K[Y W[ST
MONROf COUNTY TOURIST DfVfLOPMfNT COUNCIL
CliMe ()~ Yt;u ()TefP
TU[ nORIDA KfYS & KfY W[ST
MONROf COUNTY TOURIST DfVfLOPMfNT COUNCIL
CliMe ()~ Yt;u ()Te,@
TU[ fLORIDA KfYS & K[Y W[ST
MONROf COUNTY TOURIST DfVHOPMfNT COUNCIL
CliMe ()~ Yt;u ()Te,@
TU[ nORIDA KfYS & KfY W[ST
MONROf COUNTY TOURIST DfVHOPMfNT COUNCIL
CliMe ()~ Yt;u ()Te,@
MCTG-9864 Logo Slick L01