FY2007 11/15/2006
DANNY 1. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
November 27, 2006
TO:
Lynda Stuart, Office Manager
Tourist Development Council
ATTN:
FROM:
Maxine Pacini
Administrative Assistant
Pamela G. Han~
Deputy Clerk
At the November 15, 2006, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
Turn Key Events Agreement between Monroe County and Conch Republic Offshore
Power Boat Racing Association, Inc. covering the Key West World Championship Race on
November 4-11,2007 in an amount not to exceed $95,000, DAC I, FY 2007 Event Resources.
Destination Events Agreement between Monroe County and Lower Keys Chamber of
Commerce, Inc. covering the 3rd Annual Big Pine Key Winterfest on December 9, 2007 in an
amount not to exceed $6,000, DAC II, FY 2007 Event Resources.
Addendum to Agreement between Monroe County and Key Largo Chamber of
Commerce, Inc. revising the dates ofIsland Jubilee to November 11-12, 2006.
/Turn Key Events Agreement between Monroe County and Middle Keys Events Council,
Inc. covering the Pro Wakeboard Tour National Championship on October 26-28, 2007 in an
amount not to exceed $65,000, DAC III, FY 2007 Event Resources.
Destination Events Agreement between Monroe County and Take Chances at the Helm,
Inc covering the 10th Annual Hobie Wave Nationals on November 30-December 2, 2007 in an
amount not to exceed $10,000, DAC IV, FY 2007 Event Resources.
Addendum to Agreement between Monroe County and the Florida Keys Community
College and letters "FKCC" to amend Exhibit A and compensation.
Destination Events Agreement between Monroe County and Key West Business Guild,
Inc. covering WO/llenfest 2007 in an amount not to exceed $25,000, DAC I, FY 2007 Event
Resources.
Grant Award Agreement between Monroe County and Key West Players, Inc. for the
Waterfront Playhouse Lobby Restoration/Renovation Project in an amount not to exceed
$153,216, DAC I, FY 2007, Capital Resources.
Destination Events Agreement between Monroe County and Miami Swordfish
Tournament LLC covering the Islamorada Swordfish Tournament on August 24-26, 2007 in an
amount not to exceed $26,000, DAC IV, FY 2007 Event Resources.
Grant Award Agreement between Monroe County and The Studios of Key West, Inc.
covering the Studios of Key West for the Old City Hall in an amount not to exceed $27,850,
DAC I, FY 2007 Capital Resources.
Grant Award Agreement between Monroe County and Key West Botanical Garden
Society, Inc. for the Creation of a Nationally Acclaimed Aviary Eco-Tourism Attraction Phase II
Project in an amount not to exceed $380,000, DAC I, FY 2007 Capital Project Resources.
Grant Award Agreement between Monroe County and The Studios of Key West, Inc.
covering the Studios of Key West at the Armory Project in an amount not to exceed $234,147,
DAC I, FY 2007 Capital 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 Attorney
Finance
File
Turn Kev Events Aareement
This AGREEMENT dated the 15" day ofNo'u.lVIbLv 2006, is entered into by and between the
SOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY, hereinafter "County" or "SOCC,"
on behalf of the TOURIST DEVELOPMENT COUNCil, hereinafter "TDC" and Middle Keys Events
Council, 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 SOCC agrees to pay from tourist development tax funds $65,000 (Sixty Five
Thousand Dollars) for the Pro Wakeboard Tour National Championship on October 26-28, 2007
provided Event Sponsor meets all of its obligations under this agreement.
2. Scope of Services: Event Sponsor agrees to provide the County with an event as specified
in the Scope of Services described in the funding application, including the following:
1. National recognized sponsorship which will guarantee national TV (which
shall be aired within ninety days (90) of event taking place), radio and
magazine marketing
2. A three (3) day national wakeboard championship with competitions for
juniors, men and women
3. Awards ceremony
3. Pavment: 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 been brought forward within the application as a component of qualifying as a TurnKey
Event and subsequently outlined within the scope of services within 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 shall 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.
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4. Accountinq: 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 shall 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 TDC and approved by the BOCC.
6. Termination: This Agreement will terminate on March 31, 2008, unless earlier terminated
pursuant to Section 7 below. All invoices must be submitted prior to March 31, 2008.
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. The first ten dollars ($10.00) of remuneration
paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way
limited to, reduced, or lessened by the insurance requirements contained elsewhere within this
agreement. This provision shall survive the expiration or earlier termination of this Contract.
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 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. 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
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Or
.. Certificate of Insurance e-mailed from Insurance AgenUCompany 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.
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.
Event Sponsor 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, 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
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An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisio.,s 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: Event Sponsor 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.
12. Taxes: The SOCC and TDC are exempt from Federal Excise and State of Florida Sales
Tax.
13. Finance Charoes: 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 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 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: 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 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. Assionment: Event Sponsor 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. 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
USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of
1975, as amended (42 USC 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
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on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatm&nt 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
USC 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 USC 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. Securitv 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 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. 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. 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. 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.
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 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
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threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from
the dat6 of being placed on the convicted vendor list".
24. Force Maieure: The Event Sponsor 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 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 SOCC
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 SOCC, the Event Sponsor must
furnish evidence of the causes of such delay or failure. SOCC 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. Governina 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 County, Florida.
26. Severabilitv. 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 all applications, requests, grant proposals, and funding solicitations shall be
approved by each party prior to submission.
28. Adiudication of Disputes or Disaareements. 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
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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/Pavment. The County 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 otherwise 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. Privileqes 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. Leqal Obliqations 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 responsibility 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. 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 Immunitv: 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 government liability 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 bv 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
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have the authority to inform, counsel, or otherwise indicate that any particular individual or group of
individL'8ls, entity or entities, have entitlements or benefits under this Agreement separate and apart,
inferior to, or superior to the community in general or 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 Procedure and usual and customary
procedures required by the circuit court of Monroe County.
36. Section Headinos: 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 Aoreement: The parties agree that the Agreement above constitutes the entire
agreement between the BOCC and Event Sponsor.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first
above written.
(SEAL)
Attest: Danny L. Kolhage, Clerk
Board of County Commissioners
of Monroe ~;ty
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M yor/Chalrman
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Deputy Clerk
(CORPORATE SEAL)
Attest:
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