Loading...
FY2003 10/16/2002 Cled( oIl11e Circul coun Danny L, Kolhage Clerk of the Circuit Court Phone: (305) 292-3550 FAX: (305) 295-3663 e-mail: phancock@monroEH:lerk.com Memnrandum TO: Lynda Stuart, Office Manager Tourist Development Council A TTN: Maxine Pacini Administrative Assistant FROM: Pamela G. Hancocnat.. Deputy Clerk CY DA TE: October 22, 2002 At the October 16, 2002 Board of County Commissioner's meeting the Board granted approval and authorized execution of a Turn Key Events Agreement between Monroe County and Premiere Racing, Inc, covering Terra Nova Trading Key West 2003 on January 19-24, 2003 in an amount not to exceed $55,000, FY 2003, Third Penny, DAC I allocation. Enclosed are two duplicate originals of the above mentioned for your handling. Should you have any questions please do not hesitate to contact this office, Cc: County Administrator wlo document County Attorney Finance File ./ Turn Kev Events Aoreement This AGREEMENT dated the /tPt1ay of Ocr- 2002, is entered into by and between the SOARD 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." or "Event Sponsor." 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 SOCC agrees to pay $55,000 (Fifty Five Thousand Dollars) for the Terra Nova Trading Key West 2003 on January 19-24, 2003, 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 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, SOCC shall pay $55,000. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the SOCC. 4. Accountino: Financial records of Premiere Racing, Inc. pertaining to this project shall be kept on generally recognized accounting principles and shall be available to the SOCC or to an authorized representative for audit. Records shall be retained a minimum of three years after contract has been performed. 5. Modification: Any changes to this contract may be made only by written mutual agreement, recommended by the TDC and approved by the SOCC. 1 Premiere Racing, Inc. 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: 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 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: * 2 Premiere Racing, Inc. 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 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 3 Premiere Racing, Inc. 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: Premiere Racing, Inc. 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, and Premiere Racing, Inc. agrees that the venue for any dispute concerning this agreement shall be in Monroe County, Florida. 12. Taxes: The SOCC and TDC are exempt from Federal Excise and State of Florida Sales Tax. 13. Finance Charaes: The SOCC and TDC will not be responsible for any finance charges. 14. Relation of SOCC/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 SOCC 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 SOCC 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 SOCC. 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 4 Premiere Racing, Inc. 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. 20. Media riohts: 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 SOCC and TDC 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 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. that: 23. Authority: Each of the signatories for the sponsor below certifies and warrants 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 Soard of Directors. Premiere Racing. Inc. 5 24. Public Entitv 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.. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. THOMAS A. McNurrv' Notary Publlc:l ommonwealth ot M~~@~Yfiel~ Premier My Cornml,66lofl f;;~jr~ . JII.ne 2(}, ~OO8 I w",.. '" '* - ~" . .,/' -'. -;;0' ~ .?';':i:i".:. 0.~",.:,~_~.'.\ .}~~., '"~: (SEf.t.c> / " Att~t:"~'OANNY L. KOLHAGE, Clerk G.~ eputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By ~ Mayor/Chairma a ("j w <1: ex: <-" -l o ("j <:(. u.. <...)..-1->= l.u :::IC :.J W I- 0::: 0- :~ C:E ~, 0:::: N .u:::: o N I.W LL-..'::<::w ~ .,~-Jo a U :'iUcr: W c:> .c.c ::z: ...J C"-' C1 0 Ptiiinier~acing, I~ 6 1"[ nORIDA KUS & KU W[Sl MONRO[ COUNlYTOURIST D[VROPM[NT COUNCIL Come as you are@ 1"[ flORIDA KUS & KU W[Sl MONRO[ COUNlYTOURIST DmLOPM[NT COUNCIL Come as you are@ 1"[ flORIDA KUS & KU W[Sl MONRO[ COUNTY TOURIST D[V[LOPM[NT COUNCIL Come as you are@ 1"[ flORIDA KUS & KU W[Sl MONRO[ COUNTY TOURIST DmLOPM[NT COUNCIL Come as you are@ 1"[ flORIDA KUS & KU W[Sl MONRO[ COUNTY TOURIST DmLOPM[NT COUNCIL Come as you are@ 1"[ flORIDA KUS & KU W[Sl MONRO[ COUNTY TOURIST DmLOPM[NT COUNCIL Come as you are@ THf [LORIDA KfYS & KfY WfST THf [LORIDA KfYS & KfY WfST THf [LORIDA KfYS & KfY WfST MONRO[ COUNTY TOURIST OmLOPM[NT COUN(Il MONRO[ COUNTY TOURIST OmLOPM[NT COUNCIL MONRO[ COUNTY TOURIST OmLOPM[NT COUNCIL Come as you are@ Come as you are@ Come as you are@ THf [LORIDA KfYS &KfY WfST THf [LORIDA KfYS & KfY WfST THf [LORIDA KfYS & KfY WfST MONRO[ COUNTY TOURIST OmLOPM[NT COUNCIL MONRO[ COUNTYTOURIST OmLOPM[NT COUNCIL MONRO[ COUNTY TOURIST O[V[LOPM[NT COUNCIL Come as you are@ Come as you are@ Come as you are@ THE [lORIDA KEYS & KEY WEST THE [lORIDA KEYS & KEY WEST THE [lORIDA KEYS & KEY WEST MONROf COUNTY TOURIST DfVHOPMfNT COUNCIL MONROf COUNTY TOURIST DfVHOPMOn COUNCIL MONROf COUNTY TOURIST DfVHOPMfNT COUNCIL Come as you are@ Come as you are@ Come as you are@ THE [lORIDA KEYS & KEY WEST THE [lORIDA KEYS & KEY WEST THE [lORIDA KEYS & KEY WEST MONROf COUNTY TOURIST DfVHOPMfNT COUNCIL MONROf COUNTY TOURIST DfVfLOPMfNT COUNCIL MONROf COUNTY TOURIST DfVHOPMfNT COUNCIL Come as you are@ Come as you are@ Come as you are@ TH[ [lORIDA K[YS & K[Y W[ST MONRO[ COUNTY TOURIST D[VnOPM[NT COUNCIL Come as you are@ TH[ [lORIDA K[YS & K[Y W[ST MONRO[ COUNTY TOURIST D[VnOPM[NT COUNCIL Come as you are@ TH[ [lORIDA K[YS & K[Y W[ST MONRO[ COUNTY TOURIST D[V[LOPM[NT COUNCIL Come as you are@ TH[ [lORIDA K[YS & K[Y W[ST MONRO[ COUNTY TOURIST D[VnOPM[NT COUNCIL Come as you are@ MCTG-3125 New Logo Slick L01 DATE: TO: GOWRIE, BARDEN&BRETT 70 Essex Road, Westbrook, CT 06498 (860) 399-5945 (800) BOAT 911 FAX (860) 399-3696 email address: burgee@gowrie.com 12/24/2002 Attn: Clerk- Risk Management Monroe County Board of Commissioners 5100 College Road, Room 203 Stock Island Key West, FL 33040 RE: Premiere Racing, Inc and US Sailing Association Insurance Requirements for Terra Nova Trading Key West 2003 To Whom It May Concern: As requested, attached is the certificate of insurance for the above event. Please review and call with any questions or concerns. Thank you. Client#: 12597 USSAIL ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YY) 12/24/02 PRODUCER Gowrie, Barden & Brett, Inc. 70 Essex Road Westbrook, CT 06498 860 399-5945 NSURED US Sailing Association Inc 15 Maritime Drive Portsmouth, RI 02840 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURERA: Federal Ins Co (Chubb) INSURER B: INSURER C: INSURER D: INSURER E: rERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TItE POLICY PERIOD INDICATED. NOTWITHSTANDIN~ ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED Ol MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUC} POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. [NSR POLICY I~FF~CTIVI~ POLICY ~XI'IRATION LIMITS LTR TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YYI DATE (MM/DD,'YY~ .~ GENERAL LIABILITY BINDER49152 12/01102 12101103 EACI-I O¢CVP,~NCE ,1,000,000 X COMMERCIAL GENERAL LIAB ILII'Y IZIRE DAMAGE (Any one fire) $lnc]uded I CLArUSM~E [~ OCCUR MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'LAOGREGATEL1MIrAPPLIESPER: PRODUCTS-COMP/OPAGG ,lncluded I POLICYPR°- [ LOC JECT AUTOMOBILE LIABILITY [~ (Ea a¢cideat) $ ANYAUTO APPR_ 1~--1 ~t" I~NPGE~NT COMBINED SINGLE LIMIT ALL OWNED AUTOS BY ...... '~l~ .~ BODILY INIURY SCHEDULED AUTOS DATE HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS WAIVER N/A ~,,,YE,~ (P ..... iaent) PROPERI~t' DAMAGE $ Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $  ANY AUTO OTHER TEAN EA ACC $ AUTO ONLY: AGG $ $ DEDUCTIBLE $ RETENTION $ $ wc STATO'I IOEI~' WORKERS COMPENSATION AND TORY LIMITS EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ E.L. DISEASE- EA EMPLOYEE $ i E.L. DISEASE - POLICY LIMIT $ OTItER VESCRIm'ION or OPERATIONSa. OCATIONSrWmCLRSa~XCLUSIONS ~mDED BY EN~ORSEME~r~sPECJAL PROVISIONS (See Attached Descriptions) CERTIFICATE HOLDER I I ADDIlIONALI~ISUREDiINSURRRI~TIER: CANCELLATION Monroe County Board of County Commissioners cio Risk Managment 5100 College Road, Room 203 Stock Island Key West, FL 33040 ACORD 25-S (7/97) 1 of 3 #S87671M8759 SHOULD ANYOFTHE ABOVE DESCRIED POLICIES BE CANCELLED BEFORE THE E~'~.AT~N DATE THEREOF, THE ISSUING INSURER WILLENDEAVOR TOMAIL~0 DA¥~ WRIITEN NOTRE TO qHE CER'IWICATE HOLDER NAMED TO'IHE LEFT, BUTFAILURE TO D O SO S HALL IMPOSE NO OBLIGA~O.~ OR LIAB ILITYOF ANYKIND~UPON THE INSURER,ITS AGEN'IS OR REPRESENTATIVES/~/'~ ~ ~ AUTHORIZED REP~EN~Ti~ ~ //~, " ~ CORPORATION 1988 DESCRIPTIONS (Continued from Page 1) Additional Insured: Premiere Racing, Inc. The Monroe County Board of County commissioners, its employees and officials are included as certificate holders and additional insured on general liability coverage only with respect to the Terra Nova Trading Key West 2003 event to be held from January 6th, 2003 through January 29th, 2003 including set up/break down. AMS 25.3 (07/97) 3 of 3 0S87671M8759