FY2004 10/15/2003
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
October 23, 2003
TO:
Lynda Stuart, Office Manager
Tourist Development Council
AITN:
Maxine Pacini
Administrative Assistant
FROM:
Pamela G. HancQ~
Deputy Clerk r:y
At the October 15, 2003, Board of County Commissioner's Meeting the Board granted
approval and authorized execution of the following:
Turn Key Events Agreement between Monroe County and Premiere Racing, Inc. covering
the 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,
Destination Event Agreement between Monroe County and the Upper Keys Rotary
Foundation covering the Upper Keys Rotary Gigantic Nautical Flea Market on February 20-22,
2004 in an amount not to exceed $10,000, DA V IV, FY 2004, Third Penny Event Resources,
Amendment to Agreement between Monroe County and Islamorada Village of Islands to
extend Agreement for the Amphitheatre project until March 1,2004.
Destination Events Agreement between Monroe County and the Upper Keys Rotary
Foundation covering Bay Jam 2004 on April 17, 2004 in an amount not to exceed $10,000, DAC
IV, FY 2004, Third Penny Event Resources.
Enc10sedare two duplicate originals of each of the above mentioned for your handling.
Should you have any questions please do not hesitate to contact this office.
cc: County Administrator wlo documents
County Attorney
Finance
File
Turn Key Events Aareement
This AGREEMENT dated the /st1ay of ~1: 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;
1. 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. Accountina: 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 TOG and approved by the BOCC.
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.
8. 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 BOCC 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
3
Premiere Racing, Inc.
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 CharQes: The BOCC 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 BOCC 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 BOCC 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. Assiqnment: 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.
5
Premiere Racing, Inc.
20. Media riQhts: 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. Loqo: 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 AQreement: 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:
:~miere at9!"
President
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BOARD OF COUNTY COMMISSIONERS
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MCTG-3125 New Logo Slick L01
Client#: 12597 USSAIL
ACORD, CERTIFICATE OF LIABILITY INSURANCE I1DATE'MM'DD'YYY)2118103
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Gowrie, Barden & Brett, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
70 Essex Road [{]~(~']rVF~D [~'~ ~ ~ ~003 ALTER THE COVE~GE AFFORDED BY THE POLICIES BELOW.
Westbrook, CT 06498
860 399-5945 INSURERS AFFORDING COVE~GE NAIC ~
INSURED INSURERA: Federal Ins Co (Chubb) 2028~
US Sailing Association Inc INSURER B:
~ 5 Maritime Drive
INSURER C:
Po~smouth, RI 02840
INSURER D:
INSURER E:
COVERAGES
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ~,DD'I. POLICY EFFECTIVE POLICY EXPIRATION
LTR NSRr TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY) DATE (MM/DD/YY) LIMITS
A GENERAL LIABILITY 35810562NHO 12/01/03 12/01/04 EACH OCCURRENCE $1,000,000
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED
PREMISES (La occurrence) $1ncluded
I CLAIMS MADE I Xl OCCUR MHD EXP (Any one person) $10,000
PERSONAL & ADV INJURY $1,000~000
GENERAL AGGREGATE $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/BP AGG *Included
I POLICY j~JPRO-JECT J'----J LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
ANY AUTO (La accident) $
ALL OWNED AUTOS ~!'~i~l p ~ ¥ AHA q (Per person) $
SCHEDULED AUTOS
NON-OWNED AUTOS BATE ....... (Per accident) ' $
._~ PROPERTY DAMAGE
WAIVER N/A t,'" E ~.; ..... (Per accident) $
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANYAUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $
J OCCUR ~] CLAIMS MADE AGGREGATE $
$
I DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND ToRyWC STATU-LiMiTS I OTH-ER
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $
If yes, descdbe under
SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $
A OTHER Marine 07319220 12/01/03 12/01/04 Protection & Indemnity
$1,000,000 Limit
$250 Deductible
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
Additional Insured: Premiere Racing, Inc.
Monroe County Board of County commissioners, its employees and officials
are listed as additional insured on general liability coverage only with
respect to the Terra Nova Trading Key West 2004 event to be held from
January 5th, 2004 through January 28th, 2004 including set up/break down.
CERTIFICATE HOLDER CANCELLATION
Monroe County Board of County Commissioners
Monroe County TDC;
cio Risk Management
5100 College Road, Room 203; Stock Island
Key West, FL 33040
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL .'{~} DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES. 0 ~'~ L
AUTHORIZE D RE PRES EI~'IVE ~'~' ~
ACORD 25 (2001/08) I of 2 #Sl14901M 11378 LLS ® ACORD CORPORATION 1988