FY2008 01/17/2007
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
January 25, 2007
TO:
Lynda Stuart, Office Manager
Tourist Development Council
ATTN:
Maxine Pacini
Administrative Assistant
FROM:
Pamela G. Hanco&
Deputy Clerk lY
At the January 17, 2007, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
ITurn Key Events Agreement between Monroe County and Florida Powerboat Club, Inc.
covering the 12th Annual Miami Boat Show Poker Run to Islamorada on February 22-26,2007 in
an amount of $25,000, DAC IV, FY 2007 Event Resources.
Destination Events Agreement between Monroe County and The Race Club, Inc. covering
the Islamorada Games and Rubber Ducky Race on May 19-20, 207 in an amount not to exceed
$30,000, DAC IV, FY 2007 Event Resources.
Turn Key Events Agreement between Monroe County and Key West Tourist
Development Association covering Fantasy Fest 2007 in an amount not to exceed $110,000,
DAC I Event Resources; $5,000, DAC II Event Resources; $7,500, DAC III Event Resources;
$11,500, DAC IV Event Resources; $12,000, DAC V 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 Attorney
Financ]
File ,/
Turn Key Events Agreement
l,k
THIS AGREEMENT (Agreement) is entered into this \ 1- day of ~1AlH7~
2007, by and between MONROE COUNTY, a political subdivision of the state of Flori a
(County) and Florida Powerboat Club, Inc. a for profit organization organized under the
laws of the state of Florida (Event Sponsor).
WITNESSETH:
In consideration of the mutual covenants contained herein the parties agree as
follows:
1. Pavment: The COUNTY agrees to pay $25,000 (Twenty Five Thousand
Dollars) for the 12'h Annual Miami Boat Show Poker Run to Islamorada on February
22 . 26, 2007 from tourist development tax funds provided Event Sponsor meets all of its
obligations under this agreement.
2. Scope of Services: The Event Sponsor agrees to provide the County with
an event as specified in the Scope of Services below (Event):
a). A four day powerboat rally and show
b). Poker run with an awards party
c). Power boat show case exhibits
d). Swimwear show casing (Photography shoot)
e). A TV show aired on a national television network that will be aired
within ninety days (90) of event taking place
3. Pavment: 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 marketing literature, advertising
program/publication ads, television coverage (to be aired within ninety (90) days from
completion of event), publicity and on-site advertising, and that the required insurance
was obtained no less than twenty days prior to the event, COUNTY shall pay the sum in
Paragraph 1.
Monroe County's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the COUNTY.
4. Accountina: Financial records of Sponsor pertaining to this project shall be
kept according to generally recognized accounting principles and shall be available to
the COUNTY or to an authorized representative for audit. Records shall be retained a
minimum of three years after contract has been performed.
1 i" Annual Miami Boat Show Poker Run to Islamorada
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5. Modification: Any changes to this contract may be made only by written
mutual agreement, recommended by the TDC and approved by the COUNTY.
6. Termination: This Agreement terminates on September 30, 2007. All
invoices must be submitted prior to September 30, 2007.
7. Non Occurrence of Event: The 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.
9. Insurance Reauirements: 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.
Event Sponsor 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. Event Sponsor
shall maintain the required insurance through out the entire duration of the 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
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 COUNTY prior to the Event.
The insurance policy must state that the Monroe County is the certificate holder
and additional Insured. Insurance should be mailed to:
Monroe County Board of County Commissioners
12'" Annual Miami Boat Show Poker Run to Islamorada FY 2007
2
c/o Risk Management
1100 Simonton Street
Room 1-213
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 Event Sponsor 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
shall be included as "Additional Insured" on all policies.
Any deviation's 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 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 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.
12'/' Annual Miami Boat Show Poker Run 10 Islamorada FY 2007
3
Recognizing that the work governed by this contract involves the sales and/or
distribution of alcoholic beverages, the Contractor's General Liability Insurance policy
shall include Liquor Liability with limits equal to those of the basic coverage.
A separate Liquor Liability policy is acceptable if the coverage is not more
restrictive that the contractor's General Liability policy.
10. Permits: The Event Sponsor 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.
12. Taxes: The COUNTY and TOC are exempt from Federal Excise and
State of Florida Sales Tax.
13. Finance Charaes: The COUNTY and TOC will not be responsible for any
finance charges.
14. Relation of COUNTYITOC: It is the intent of the parties hereto that the
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 COUNTY and TOC, and the COUNTY 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. Oisclosure: The Event Sponsor shall be required to list any or all potential
conflicts or interest, as defined by Florida Statute 112 and Monroe County Code. The
Event Sponsor shall disclose to the COUNTY 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 COUNTY and TOC.
16. Assianment: The 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 TOC and COUNTY.
17. Comoliance with laws - Nondiscrimination: The Event Sponsor, 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. Securitv Protection: The Event Sponsor agrees to provide adequate
security for the event.
1 i^ Annual Miami Boat Show Poker Run 10 Islamorada FY 2007
4
19. Ethics Clause: The 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. Media riahts: 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 COUNTY and TDC under this
agreement.
21. Loao: All promotional literature and display advertising with the
exception of generic advertising must display the "Florida Keys & Key West Come As
You Are" logo/trade mark (as per attached logo sample). This logo/trade mark was
adopted by the TDC and County in December 2006.
In-Countv Loao: The logo that includes the "Monroe County Tourist Development
Council" designation is to be utilized in all approved in-county print newspaper ads,
magazine ads, street banners, posters and other approved signage efforts. Radio
commercials should include "Brought to you by The Monroe County Tourist
Development Council". To seek approval, clarification and/or logo in electronic format
(eps or jpg file), contact Emerson Fales or John Underwood with Tinsley Advertising at
305-856-6060.
Out of Countv Loao: The out of county logo does NOT include the "Monroe County
Tourist Development Council" designation and is to be utilized in all other efforts
including any approved out-of-county print newspaper ads, magazine ads, television
commercials, internet advertising (banners, buttons, e-mail blasts), direct mail
promotions (brochures and pamphlets) and any approved promotional items including
programs, T-shirts, hats, jackets, trophies and koozie cups. Radio commercials should
include "Brought to you by The Monroe County Tourist Development Council". To seek
approval, clarification and/or logo in electronic format (eps orjpg file), contact Emerson
Fales or John Underwood at Tinsley Advertising at 305-856-6060.
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.
12'" Annual Miami Boat Show Poker Run to tslamorada FY 2007
5
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 the agreement for the
Sponsor 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
proposal on a contract to provide any goods or services to a public entity, may not
submit a proposal on a contract with a public entity for the construction or repair of a
public building or public work, may not submit proposals 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". By execution of this Agreement, Sponsor warrants that it is
in compliance with this requirement.
25. Governina LawNenue: 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 the
agreement, the County and Sponsor agree that venue shall lie in the appropriate court or
before the appropriate administrative body in Monroe County, Florida. This Agreement
shall not be subject to arbitration.
26. Notice: Any notice required or permitted under this agreement shall be in
writing and had delivered or mailed, postage prepaid, to the other party by certified mail,
returned receipt requested to the following:
For Grantee: Stuart Jones
Florida Powerboat Club, Inc.
671 SE 18th Ave
Pompano Beach, FL 33060
For Grantor: Lynda Stuart
Monroe County Tourist Development Council
1201 White Street, Suite 102
Key West, FL 33040
And
12'" Annual Miami Boat Show Poker Run to Islamorada FY 2007
6
Susan Grimsley, Ass!. County Attorney
P.O. Box 1026
Key West, FL 33041-1026
27. Entire Aqreement: The parties agree that the Agreement above constitutes
the entire agreement between the COUNTY and Event Sponsor.
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o~,:.;;;: .~. ESS WHEREOF, the parties hereto have executed this agreement the
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d'a~q:\~dl~t\/ above written.
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,~~ Kolhage, Clerk
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Deputy Clerk
Board of County Commissioners
of Monroe County
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Mayor/Chairman
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(CORPORATE SEAL)
Attest:
Florida Powerboat Club, Inc.
By.
Secretary
Date:
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12'" Annual Miami Boat Show Poker Run to Islamorada FY 2007
7
MONROE COUNTY ATTORNEY
APPROI(ED AS TO FORM:
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ASSISTANT COUNTY ATTORNEY
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In-County Loao
The
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MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
Out-ot-County Loao
The
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12''' Annual Miami Boat Show Poker Run to Islamorada FY 2007
8