FY2005 10/20/2004
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
October 28, 2004
TO:
Lynda Stuart, Office Manager
Tourist Development Council
FROM:
Maxine Pacini
Administrative Assistant
Pamela G. Hancok
Deputy Clerk CY
ATTN:
At the October 20, 2004, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
Amendment to Agreement between Monroe County and the Mel Fisher Maritime Heritage
Society, Inc. to extend Agreement with stipulation.
Grant Award Agreement between Monroe County and Key West Film Society, Inc. for
the conclusion of construction and equipping of two-screen Tropic Cinema theater and
community cultural center, including marquee signage, multipurpose room, ticket booth,
theatrical lighting grid, bulb-out bicycle parking area and upgrading to digital satellite project in
an amount not to exceed $117,355, FY 2005, DAC I Capital Projects.
Grant Award Agreement between Monroe County and the City of Key West for
improvements to the McCoy Indigenous Park bird habitats to better serve the injured birds
rehabilitated at the facility; overall ADA improvements to the park alleyways in the butterfly
garden, pond and bird enclosure areas to also serve to allow bird waste to be processed by the
sewer system project located at McCoy Indigenous Park in an amount not to exceed $127,000,
FY 2005, DAC I, Third Penny Capital Resources.
Amendment to Agreement between Monroe County and the Florida Keys History of
Diving Museum, Inc. for the History of Diving Museum Development project.
V"'lurn Key Events Agreement between Monroe County and Premiere Racing, Inc. covering
Key West Race Week 2005 on January 16-21, 2005 in an amount not to exceed $85,000, District
I, Third Penny Event Resources.
Enclosed are 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 w/o documents
County Attorney
Financp
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Turn Kev Events Aareement
This AGREEMENT dated the 2L:;1tday of tY::---T 2004, 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 $85,000 (Eighty Five Thousand Dollars) for Key West
Race Week 2005 on January 16 through January 21, 2005 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 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/or International media exposure for the destination
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 $85,000.
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.
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Key West Race Week 2005
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, 2005. All
invoices must be submitted prior to September 30, 2005.
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 Reauirements: 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
*
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Key West Race Week 2005
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
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Key West Race Week 2005
, 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.
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Key West Race Week 2005
. 13. Finance Charaes: The BOCC and TDC will not be responsible for any finance
charges.
14. Relation of BOCCITDC: 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. Assionment: 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 TOC 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,
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Key West Race Week 2005
commission, percentage, gift, or consideration paid to the former or present County officer or
'employee.
20. 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. 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. 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.
22. 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.
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 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".
24. Force Maieure: Premiere Racing, Inc. shall 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 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
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Key West Race Week 2005
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 which Premiere Racing, Inc. 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 right to determine 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 BOCC, Premiere Racing, Inc. must furnish evidence of the causes of such
delay or failure. BOCC 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. Entire Aareement: The parties agree that the Agreement above constitutes the
entire agreement between the BOCC and Premiere Racing, Inc.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and
year first above written.
(SEAL)
Attest:
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BOARD OF COUNTY C MIS~1'6NE~
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Key West Race Week 2005
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