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FY2011 12/15/2010 AgreementDANNYL. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: January 4, 2011 TO: Lynda Stuart, Office Manager Tourist Development Council ATTN.• Maxine Pacini Administrative Assistant FROM. • Pamela G. Hanc ck, .C. At the December 15, 2010, Board of County Commissioners meeting, the Board granted approval and authorized execution of the following: Item D 1 Agreement with Stay Fit Studio covering Key West Triathlon in an amount not to exceed $20,000, DAC I, FY 2011 Event Resources. Item D2 Agreement with Hawk's Cay Resort covering Conchtoberfest in an amount not to exceed $40,000, DAC III, FY 2011 Event Resources. Item D3 Agreement with Super Boat International Productions, Inc. covering Key West World Championship Race in an amount not to exceed $115,000, DAC I, FY 2011 Event Resources. Item D4 Agreement with Mad Dog Mandich Fishing Classic, LLC covering the Publix Mad Dog Mandich Fishing Classic in October, 2011 in an amount not to exceed $10,000, DAC IV, FY 2011 Event Resources. Item D5 Agreement with Capt. Toney, LLC covering the Capt. Tony Days in an amount not to exceed $14,000, DAC I, FY 2011 Event Resources. Item D6 Agreement with Key West Bight Preservation Association, Inc. covering The Key West "Bight" Before Christmas in an amount not to exceed $5,005, DAC I, FY 2011 Event Resources. Item D7 Agreement with Key West Tourist Development Association, Inc. covering Fantasy Fest 2011 from FY 2011 Event Resources. Item D8 Agreement with EcoWeek Events, Inc. covering EcoWeek 2011 in an amount not to exceed $66,217, FY 2011 Event Resources. These documents are on the attached memory stick - listed under the event name. Should you have any questions, please feel free to contact me. cc: County Attorney via electronic media Finance via electronic media File Turn Key Events Agreement THIS AGREEMENT (Agreement) is entered into this �� day o"/G2010, by and between MONROE COUNTY, a political subdivision of the state of Florida (County) and Super Boat international Productions, Inc. a 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 $115,000 (One Hundred and Fifteen Thousand Dollars) for: Key West World Championship Race in November, 2011 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). Week long event — sanctioned world championship boat race b). 3 days racing during the event c). Racing within harbor with spectator viewing d). Minimum size of boats 24 feet in length racing in the event e). National marketing and media exposure (in addition to any website exposure) 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. Accounting: 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. Key West World Championship Race FY 2011 Contract ID#: 804 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, 2012. All invoices must be submitted prior to September 30, 2012. 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 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. 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. Please have your insurance agency e-mail your certificates of insurance directly to Maria Slavik in the Monroe County Risk Management Department. Slavik-Maria@MonroeCounty- FL.Gov — The e-mail must state that this is a certificate for a TDC event (state name of event as written within your contract) and should be forwarded to Maxine Pacini at the TDC administrative office. Your certificate must state that the Monroe County Board of County Commissioners is a "Certificate Holder" and that Monroe County, its employees and officials will be included as "additional insured". If you or your insurance agency need to speak with Maria regarding the insurance requirements, she can be contact by telephone at (305) 295-3178, or by e-mail at the address stated above. It is the event sponsor's responsibility to confirm that your insurance has been received and approved. You can do this by contacting Maxine Pacini at AdminAsst@fla-kevs.com or by calling (305) 296-1552. 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 Key West World Championship Race FY2011 Contract ID#: 804 2 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 may result in the immediate suspension of the Event until the required insurance has been reinstated or replaced. Event sponsor shall provide, to the County, as satisfactory evidence of the required insurance, either: Original certificate of Insurance or Certified copy of the actual insurance policy 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. 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 sponsors insurance shall not be construed as relieving event sponsor from any liability or obligation assumed under this contract or imposed by law. 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. Prior to commencement of work governed by this contract, event sponsor shall obtain General Liability Insurance. Coverage shall be maintained through out 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 Key West World Championship Race FY 2011 Contract ID#: 804 3 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 than the contractor's General Liability policy. A Workers Compensation insurance is required by Florida Statutes. 10. Permits: The Event Sponsor will secure all required permits and licenses and shall pay all appropriate business taxes. 11. Laws and Regulations: 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 Charges: The COUNTY and TDC will not be responsible for any finance charges. 14. Relation of COUNTY/TDC: 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 TDC, and the COUNTY 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: 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 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 COUNTY and TDC. 16. Assignment: 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 TDC 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. Key West World Championship Race FY2011 Contract ID#: 804 4 18. Security 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. 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 rights: 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 for by the COUNTY and TDC under this agreement. 21. Logo: All promotional literature and display advertising with the exception of generic advertising must display the "Key West — Close to Perfect - Far From Normal" logo/trade mark (as per attached logo sample — Exhibit A). This logo/trade mark was adopted by the TDC and County in April 2010. 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. 23. Authori : 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, Florida Statutes, for CATEGORY TWO for a period of 36 Key West World Championship Race FY 2011 Contract ID#: 804 5 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. Governing 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: John Carbonell 1323 20th Terrace Key West, FL 33040 For Grantor: Lynda Stuart Monroe County Tourist Development Council 1201 White Street, Suite 102 Key West, FL 33040 And Cynthia Hall, Asst. County Attorney P.O. Box 1026 Key West, FL 33041-1026 27. Entire Agreement: The parties agree that the Agreement above constitutes the entire agreement between the COUNTY and Event Sponsor. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Key West World Championship Race FY 2011 Contract ID#: 804 2 =SS WHEREOF, the parties hereto have executed this agreement the day and written. Wi b Board of County Commissioners ny L. Kolhage, Clerk of Monroe County pu Clerk Mayo hair n (CORPORATE SEAL) Super Boat International Productions, Inc. Attest: Secretary Pre Print Name Print Name Date: Date: Woy f 'i OR TWO WITNESSES (1) (2) Print Name: Print Name: Date: Date: o — CC: — o w = � cr: -` o -� w � Key West WoM Champimship Race FY 2011 Contract M. 8" 7 MO ROE COA ATTORNEY PRO EDF M: CYNTHIALL ASSISTANT pU rY ATTORNEY Date Id�2b .toly EXHIBIT A In -County Logo The below 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 Sharon Joseph or John Underwood with Tinsley Advertising at 305-856-6060. Key\Vest Close to Perfect -Far From Normal MONROE COUNTY TOURIST DEVELOPMENT COUNCIL Out -of -County Logo The below logo that does NOT include the "Monroe County Tourist Development Council" designation 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 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 Sharon Joseph or John Underwood at Tinsley Advertising at 305-856-6060. Key\Vest Close to Perfect -Far From Normal Key West World Championship Race FY 2011 Contract ID#: 804 L- ACORD CERTIFICATE OF LIABILITY INSURANCE n DATE 04/23/2I009 � 04/23/2009 PRODUCER (386)672-4260 FAX (386)672-4630 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Rand Sports & Entertainment Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 400 South Atlantic Avenue HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 101 . Ormond Beach, FL 32176-7142 INSURERS AFFORDING COVERAGE NAIC# INSURED Super Boat International Productions, Inc. INSURER A: Homeland Insurance Co. 1323 20th Terrace INSURER B: James River Ins. Co. Key West, FL 33040 INSURER C: AIG Life Ins Co INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR w� TYPE OF INSURANCE POLICY NUMBER DATE(YMMIDDYY1E POLICY (MM/DD/YY)N LIMITS GENERAL LIABILITY GL00695-00 04/10/2009 04/10/2010 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 300,000 . PRFMISFS(FR nrrnranee) . CLAIMS MADE n OCCUR MED EXP(Any one person) $ Excluded A X Parti cpant Legal PERSONAL&ADV INJURY $ 1,000,000 X Host Liquor GENERAL AGGREGATE $ . 2,000,0013 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 1,000,000 ...3 n POLICY n PE- n LOC . AUTOMOBILE LIABILITY • COMBINED SINGLE LIMIT $ ANY AUTO • (Ea accident) ALL OWNED AUTOS • BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS ,- .. ' `1';1 . -� BODILY INJURY $ NON-OWNED AUTOS 'i:' I (Per accident) }..1-" PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY 00023478-2 04/10/2009 04/10/2010 EACH OCCURRENCE $ 4,000,000 OCCUR n'CLAIMS MADE AGGREGATE $ 4,000,000 B I $ DEDUCTIBLE $ X RETENTION $ 0 $ WORKERS COMPENSATION AND WC ST TU TORY I IMITS FR EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER, SRG0009064801 04/17/2009 04/10/2010 $50,000 Medical/$10,000 AD&D C Particpant Accident DESCRIPTION OF OPERATIONS/LOCATIONS./VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS The certificate holder listed is included as additional insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL Monroe County Board of County Commissioners 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: Risk Management BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 1100 Simonton Street OF_ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. Key West, FL 33040 AUTHORIZED REPRESENTATIVE John Rand/DENISE '-P*--- ACORD 25(2001/08) ©ACORD CORPORATION 1988