FY2008 11/14/2007
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
November 19, 2007
TO:
Lynda Stuart, Office Manager
Tourist Development Council
ATTN:
Maxine Pacini
Administrative Assistant
FROM:
Pamela G. Hancor~
Deputy Clerk CJ?
At the November 14, 2007, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
Turn Key Events Agreement between Monroe County and Middle Keys Events Council,
Inc. covering the Marathon SBI Offshore Grand Prix on May 15-18,2008 in an amount not to
exceed $75,000, DAC III, FY 2008 Event Resources.
Destination Events Agreement between Monroe County and Green Living & Energy
Education, Inc. covering the 3rd Green Living and Energy Education Expo on May 9-11, 2008 in
an amount not to exceed $18,500 ($18,500: District II allocation = $1,500; Ditrict III allocation =
$14,000; District IV allocation = $1,500; and District V allocation = $1,500, FY 2008 Event
Resources).
Turn Key Events Agreement between Monroe County and Upper Keys Community Pool,
Inc. covering the Orange Bowl Winter Training & Swim Classic between December 15, 2008
and January 18,2009 in an amount not to exceed $35,000, DAC V, FY 2008 Event Resources.
Turn Key Events Agreement between Monroe County and Conch Republic Offshore
Powerboat Racing Association covering the Key West World Championship Race on November
2, 2008 through November 9, 2008 in an amount not to exceed $70,000, DAC I, FY 2008 Event
Resources.
Amendment (1st Amendment) to Interlocal Agreement between Monroe County and
Islamorada Village of Islands to rescind Segment I of their Agreement for the wading pool at
Founders Park in an amount of$24,000.
Destination Events Agreement between Monroe County and Gay & Lesbian Center of
Key West, Inc. covering Pridefest 2008 on June 7-15, 2008 in an amount not to exceed $8,673,
DAC I, FY 2008 Event Resources.
Amendment (1st Amendment) to Agreement between Monroe County and Key West
Players, Inc. to revise Exhibit A of the Waterfront Playhouse Lobby Restoration/Renovation
Project.
Amendment (1st Amendment) to Agreement between Monroe County and Key West Art
& Historical Society to revise schedule of events for the production of In Their Own Words: The
History of the Key West Lighthouse.
Gran!! Award Agreement between Monroe County and Key West Botanical Garden
Society, Inc. for the Phase III: Creation of a Nationally Acclaimed Aviary Eco-Tourism
Attraction in an amount of $265,000, DAC I, FY 2008 Capital Resources.
Amendment (1st Amendment) to Agreement between Monroe County and Islamorada
Village of Islands to revise scope of services and compensation for the Hurricane Monument
Renovation Project.
Agreement between Monroe County and Islamorada Chamber of Commerce, Inc.
covering the 17th Annual Florida Keys Island Festival on May 3-4, 2008 in an amount not to
exceed $17,500, DAC IV, FY 2008 Event Resources.
Enclosed are two duplicate originals of each of the above-mentioned for your handling.
Should you have any questions please feel free to contact our office.
cc: County Attorney
Finance
File
Turn Key Events Agreement
THIS AGREEMENT (Agreement) is entered into this J tfz!- day of H(JV. ,
2007, by and between MONROE COUNTY, a political subdivision of the state of Florida
(County) and Middle Keys Events Council, Inc. a not for profit business 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. Payment: The COUNTY agrees to pay $75,000 (Seventy Five Thousand
Dollars) for: Marathon S81 Offshore Grand Prix on May 15-18, 2008 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). 3 day event with minimum of 1 day boat racing
b). 25 boats no less than 24 feet racing
c). Tinsley Advertising and Stuart Newman Associates to
approve $15,000 out of county allocation
d). Report on participation to be provided to the TDC
administrative office within 30 days of the conclusion of
event
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 marketing literature, advertising
program/publication ads, television coverage, 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. Accountinq: 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.
2008 Marathon Boat Race
FY 2008
Contract #: 403
1
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, 2008. All
invoices must be submitted prior to September 30, 2008.
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: The Event Sponsor covenants and
agrees to indemnify and hold harmless and defend Monroe County, its officers,
employees and agents including the Tourist Development Council and Visit Florida
Keys 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 services provided, event sponsored, or other activities and
funding associated with this agreement, except those losses or damages caused by
COUNTY or its agents.
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.
EVElnt 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
*
2008 Marathon Boat Race
FY 2008
Contract #: 403
2
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 additicmallnsured. Insurance should be mailed to:
Monroe County Board of County Commissioners
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 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 evidencinQ the
insurance reauired by this paraQraph 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
2008 Marathon Boat Race
FY 2008
Contract #: 403
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* $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 dalte 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.
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.
Prior to the commencement of work governed by this contract, Event Sponsor 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 I\/Iillion 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: The Event Sponsor 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.
12. Taxes: The COUNTY and TDC are exempt from Federal Excise and
State of Florida Sales Tax.
13. Finance Charqes: The COUNTY and TDC will not be responsible for any
finance charges.
2008 Marathon Boat Race
FY 2008
Contract #: 403
4
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. Assiqnment: 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. Compliance 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.
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.1 0-1990. 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 riqhts: The TOC 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
TOC under Ilhis agreement.
2008 Marathon Boat Race
FY 2008
Contract #: 403
5
21. LOQo: 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 Loqo: 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 John Underwood with Tinsley Advertising at 305-856-6060.
Out of Countv Loqo: 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 or jpg file), contact Emerson
Fales or JO~ln 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.
23. 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 the agreement for the
Sponsor and c) this Agreement has been approved by the Sponsor's Board of Directors.
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
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
2008 Marathon Boat Race
FY 2008
Contract #: 403
6
transact bLlsiness with any public entity in excess of the threshold amount provided in
Section 28'7.017, 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. Governinq 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: Randall Mearns
10690 Aviation Boulevard
Marathon, FL 33050
For Grantor: Lynda Stuart
Monroe County Tourist Development Council
1201 White Street, Suite 102
Key West, FL 33040
And
Susan Grimsley, Asst. 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
IN WITNESS WHEREOF, the parties hereto have executed this agreement the
2008 Marathon Boat Race
FY 2008
Contract #: 403'
7
day and yellr first above written.
(SEAL)
\,
Attest~jDahnYL Kolllage, Clerk
\:
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C7~(
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Deputy Clerk
(CORPORATE SEAL)
Middle Ke,ys Events Council, Inc.
Attest:
By.
Secretary
Print Name
Date:
ORTWOV~.
(1)~
p,;", Name' 2)eJz ?elaJJ.LJ
Date: '9/;;- 7 0"7
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2008 Marathon Boat Race
FY 2008
Contract #: 40:1
Board of County Commissioners
of Monroe County
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MONROE COUNTY ATTORNEY
APPROVED AS T FORM:
SUSAN M. MSlEY
ASS~NT ;OUN Y ATTORNEY
Date f'.;:;) (, .;>Av)
8
In-County Loao
The
Floridd Keys
..-
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
Out-of-C1ountv Loao
The
Floridd Keys
..-
2008 Marathon Boat Race
FY 2008
Contract #: 403
9