Item F24a r
County of Monroe
- Me Florida Keys
BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers, District 3
Mayor Pro Tem George Neugent, District 2
Danny L. Kolhage, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
November 22, 2016
Agenda Item Number: F24
Agenda Item Summary #2309
BULK ITEM: Yes DEPARTMENT: Project Management / Facilities
TIME APPROXIMATE: STAFF CONTACT: Giselle Lopez (305) 852 -7161
N/A
AGENDA ITEM WORDING: Approval of a license agreement with the Rotary Club Of Key
Largo to hold The Brew On The Bay Craft Beer Festival at Rowell's Marina on January 7, 2017. The
County will receive 5% of the cumulative gross revenue for the event.
ITEM BACKGROUND: Rowell's Marina has been used throughout the years as an event venue in
the upper Keys. Most of these events have generated revenue for the event sponsors and for the
property owner. When Monroe County purchased the property in January 2014, it was with the
intent that these events, which have been typically sponsored by upper Keys civic organizations,
would continue to be held at the facility. Event sponsors are now required to sign a license
agreement for use of the county property, and they are required to pay the county five (5) percent of
cumulative gross revenues for each event.
PREVIOUS RELEVANT BOCC ACTION: December 20, 2014, BOCC approved the purchase
of Rowell's Marina. Brew on the Bay Craft Beer Festival was previously held at Rowell's on
January 9, 2016.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
MCSO Letter
License Agreement
FINANCIAL IMPACT:
Effective Date: January 6, 2017
Expiration Date: February 7, 2017 (pursuant to paragraph 3 of License Agreement)
Total Dollar Value of Contract: 5% of cumulative gross revenues from event
Total Cost to County: $ -0-
Current Year Portion: N/A
Budgeted: N/A
Source of Funds: N/A
CPI: N/A
Indirect Costs: $ -0-
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: Yes If yes, amount: Expected revenue of $2,000 to $2,500
Grant: N/A
County Match: N/A
Insurance Required: Yes
Additional Details: County received approximately $2,500 from the 2016 event.
h]11 /1 IH11."
Doug Sposito
Completed
11/01/2016 1:54 PM
Patricia Eables
Completed
11/03/2016 1:37 PM
Budget and Finance
Completed
11/03/2016 4:17 PM
Maria Slavik
Completed
11/04/2016 7:24 AM
Kathy Peters
Completed
11/07/2016 12:24 PM
Board of County Commissioners
Pending
11/22/2016 9:00 AM
MONO F C UNTY SHERIFF?$ OFFICE
RICHARD A. RAMMY, SlURIFF
August 18, 2016
To whom it may concern:
- ne Rotary Club of Key Largo has informed the Monroe County Sheriff s Office of a, l
special event planed for January 07, 2017 from I I am until 6pm at property known as old
Rowell's Marina located at MM104.5,104550 Overseas Hwy, Key Largo, FL 33037.
The Event known as "Brew on the Bay" is estimated to attract approximately 800 persons
throughout the event times.
The event coordinator is responsible for securing necessary permits for this event based on
the estimated attendance and all peTfinent information.
Monroe County Sheriff's Office will respond to all emergency situations as needed via the
911 system during this time period as well as any non-emergency request via dispatch.
The Rotary of Key Largo is required to employ two off duty Monroe County Deputies t
serve as security at this event.
Plea= do not hesitate to contact us if you have any questions or concerns regarding this
matter.
Sincerely,
50 HIGI! POINT RD, Srij 100 jAvp
WKEYS,50.,411T
1 East Drive
Key Largo, Florida 33037
305 - 451 -2700 tel. 305 - 4514699 fax
info@keylargofire.com
September 1st, 2016
Ted Dreaver
Event Chair
Rotary Club of Key Largo
P.O. Box 252
Key Largo, FL 33037
Dear Mr. Dreaver:
Thank you for contacting me and informing Key Largo Volunteer Fire Department and Key Largo
Ambulance Corps of your upcoming Brew on the Bay Event sponsored by the Rotary Club of Key
Largo. We understand this event is scheduled to be held at the old Rowell's Marina property on
Saturday, January 7th, 2017, from 1:00 p.m. to 5:30 p.m. with an anticipated attendance of 800
maximum. Thank you for providing your site layout. We understand that you have arranged
for adequate parking on -site for the event and that you have provided Monroe County with this
information.
It is important that you apply for the necessary permits for an event of this type and size
through the Monroe County Fire Marshal's Office, Steve Zalavney, 305- 289 -6010, if you have
not done so already to be certain that you are in compliance with all applicable life safety
codes.
Key Largo Volunteer Fire Department and Key Largo Ambulance Corps will respond to
emergencies via the 911 system.
If you have any questions please don't hesitate to contact me.
Sincerely,
Fire Chief, KLVFD & KLEMS
August 19, 2016
RE: The Brew on the Bay Craft Beer Festival
Rowell's Marina
Key Largo, Florida 33037
To Whom It May Concern,
This serves as approval to hold a public assembly at the above referenced property under the following
conditions:
Estimated number of people in attendance: 800 per day
Required number of portable restrooms: 4
The portable restrooms shall be placed in the parking area for the duration of the event. These
restrooms must be serviced daily, so as not to create an unsanitary condition.
The event will be held on January 7, 2017 from 2 pm to 6pm. This approval is limited to this date and
conditions. Failure to comply with these requirements may result in the department pursuing legal
redress. Any further assembly will require the re- approval of the Monroe County Health Department.
Thank you for your cooperation with the environmental health program here in Monroe County.
Regrds,
William G. Brookman M.P.H.
Environmental Supervisor
CC: File
Florida Department of Health
In Monroe county Accredited Health Department
102050 Overseas Hwy., Box 10, Key Largo, FL 33037 a Public Health Accreditation Board
PHONE: 305453 -8750 • FAX: 305453 -8759
FloridaHealth.Dov
LICENSE AGREEMENT
ROWELL'S MARINA
THIS AGREEMENT is made and entered into this day of 1 2016, by
and between MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida,
hereinafter COUNTY, and Rotary Club of Key Largo, whose address is P.O. Box 252 Key
Largo, FL 33037 hereinafter LICENSEE.
WHEREAS, the COUNTY purchased a parcel of property in upper Key Largo
commonly known as " Rowell "s Waterfront Park" situated at 104450 Overseas Highway, Key
Largo, Monroe County, FL 33037 and
WHEREAS, the COUNTY purchased the Rowell's Waterfront Park property for creation
of a park and green space; and
WHEREAS, the Rowell's Waterfront Park property is also a suitable venue for holding
community events and festivals; and
WHEREAS, the Rotary Club of Key Largo has requested the use of the Rowell's
Waterfront Park property to hold 6' Annual Brew on the Bay Craft Beer Festival ( "Event "); and
WHEREAS, the COUNTY finds that the use of the Rowell's Waterfront Park property to
hold this event is a legitimate public use of the property;
NOW THEREFORE, in consideration of the covenants hereinafter to be kept and
performed, the COUNTY and the LICENSEE agree as follows:
1. LICENSEE is licensed to use Rowell's Waterfront Park on the following dates:
Beginning on January 06, 2017 at 12:OOPM and terminating on January 07, 2017 at 6:30PM.
Licensee may not stage any equipment used in support of the event prior to the start time and
must have all equipment used in support of the event removed by the ending time.
2. Prior to the Event Date and by no later than December 19, 2016, LICENSEE shall pay to
COUNTY a 52,000 deposit (the "Deposit ") to secure LICENSEE's obligations hereunder.
COUNTY shall be entitled to use the Deposit to satisfy any unsatisfied obligations of
LICENSEE under this agreement, with any unused excess of the Deposit to be applied towards
the (gross revenues) license fee as set forth in article 3 of this Agreement. Any remaining funds
shall be returned to LICENSEE within thirty (30) days after LICENSEE satisfies all of its
obligations and duties hereunder.
3. LICENSEE shall pay to COUNTY a license fee for its use of the Property for the Event
equal to five percent (5 %) of the cumulative gross revenues of LICENSEE and any of its
affiliates, and/or vendors and/or participants arising out of or related to the Event (collectively,
the "License Fee "). The License Fee shall be paid to COUNTY within ten Q 0 days to 30 days
after the Event Date (i.e., by February 7, 2017) with such payment to be accompanied by
documentation, such as Florida Department of Revenue Sales and Use Tax Form DR -15,
satisfactory to the COUNTY in its reasonable discretion which evidences and substantiates
LICENSEE's and its affiliates, vendors and participants gross revenues arising out of or related
to the Event and evidencing and substantiating the License Fee paid to COUNTY.
4. LICENSEE shall arrange for, in its own name, and shall pay for all expenses of the Event
and of the Property in connection with the Event, including without being limited to, utilities,
water, electric, garbage collection and removal, security, traffic direction and traffic
management, restoration of the Property to the condition it was in prior to the Event, the costs of
all governmental permits, licenses (including liquor) and approvals required for the Event, and
insurance premiums, and LICENSEE shall provide proof thereof to COUNTY thirty (30) days
prior to the first Event Date.
5. In furtherance of the foregoing, LICENSEE shall obtain and provide to COUNTY prior
to the first Event Date copies of all governmental permits, approvals and licenses (including
liquor licenses) required for the Event.
6. As part of staging the Event, LICENSEE shall retain at its expense off -duty personnel
from the Monroe County Sheriff s Department or other private security services for security and
traffic direction and management, as well as arranging for at its expense for such additional
security as necessary and appropriate in the context of the magnitude of the Event.
7. The liquor license(s) to be obtained by LICENSEE for the Event, a copy of which shall
be provided to the COUNTY prior to the Event, shall allow for only the sale and consumption on
the Property during the Event Date of beer and wine, and same shall not provide for the sale of
hard liquor or spirits during the Event Date or in connection with the Event and the sale thereof
is prohibited.
8. In furtherance of the foregoing, LICENSEE agrees that all beer and wine sales shall cease
at least one (1) hour prior to closing of the Event on each day of the Event .
9. LICENSEE agrees that the duration of the Event on each day of the Event shall be from
Noon to 6:30PM.
10. LICENSEE agrees that there shall be no access to the water abutting the Property by any
person attending or involved with the Event for any purpose whatsoever, including but not
limited to swimming, boating or use of the Property abutting water for boat ramp or docking
purposes, and under no circumstances shall any boats whatsoever be allowed within the waters
abutting the Property, and LICENSEE agrees that LICENSEE shall strictly enforce the foregoing
restrictions and prohibitions.
11. LICENSEE agrees to comply with all applicable laws, ordinances and regulations of
Federal, State, County, Municipal, or any other authority pertaining to the use and occupancy of
the Property and shall immediately notify the COUNTY of any code, ordinance or law violations
involving the Property.
12. 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 LICENSEE agree that venue will lie in the
appropriate court or before the appropriate administrative body in Monroe County, Florida.
13. The COUNTY and LICENSEE agree that, in the event of conflicting interpretations of
the terms or a term of this Agreement by or between any of them the issue shall be submitted to
mediation prior to the institution of any other administrative or legal proceeding.
14. The COUNTY and LICENSEE 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.
15. COUNTY agrees that officers and employees of the COUNTY recognize and will be
required to comply with the standards of conduct for public officers and employees as delineated
in Section 1 12.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of
gifts; doing business with one's agency; unauthorized compensation; misuse of public position,
conflicting employment or contractual relationship; and disclosure or use of certain information.
16. Notwithstanding any minimum insurance requirements prescribed elsewhere in this
agreement, LICENSEE shall defend, indemnify and hold the COUNTY and the COUNTY's
elected and appointed officers and employees harmless from and against (i) any claims, actions
or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other
proceedings relating to any type of injury (including death), loss, damage, fine, penalty or
business interruption, and (iii) any costs or expenses that may be asserted against, initiated with
respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any
activity of LICENSEE or any of its employees, agents, contractors or other invitees during the
term of this Agreement, (B) the negligence or willful misconduct of LICENSEE or any of its
employees, agents, sub - contractors or other invitees, or (C) LICENSEE's default in respect of
any of the obligations that it undertakes under the terms of this Agreement, except to the extent
the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the
intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents,
contractors or invitees (other than LICENSEE). Insofar as the claims, actions, causes of action,
litigation, proceedings, costs or expenses relate to events or circumstances that occur during the
term of this Agreement, this section will survive the expiration of the term of this Agreement or
any earlier termination of this Agreement.
17. No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent or employee of Monroe County in his or her individual
capacity, and no member, officer, agent or employee of Monroe County shall be liable
personally on this Agreement or be subject to any personal liability or accountability by reason
of the execution of this Agreement.
18. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
COUNTY and the LICENSEE 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.
19. This Agreement contains a complete expression of the agreement between the parties and
there are no promises, representations or inducements except such as are herein provided.
20. Any notices required or permitted hereunder shall be in writing and delivered either in
person to the other party or the other party's authorized agent, or by recognized express delivery
service (e.g., Federal Express), or by United States Certified Mail, Return Receipt Requested,
postage fully prepaid, to the address set forth hereinafter, or to such other address as either party
may designate in writing and delivered as herein provided, or by confirmed as received email or
facsimile to the below email address(es) and facsimile number(s):
For COUNTY:
Director of Public Works and Engineering
Historic Gato Building
1100 Simonton St.
Key West, FL. 33050
And
Monroe County Attorney's Office
1111 12' St., Suite 408
Key West, Fl. 33040
For LICENSEE:
Rotary Club of Key Largo
P.O. Box 252
Key Largo, FL 33037
IN WITNESS WHEREOF, each party has caused this agreement to be executed by a duly
authorized representative.
(SEAL)
ATTEST: AMY HEAVILIN, CLERK
By
Deputy Clerk
ATTEST:
By:
Title:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Um
Mayor /Chairman
LICENSEE:
By .
a
REQUEST FOR USE OF COUNTY PROPERTY
(I IN MONROE COUNTY, FLORIDA
Date: Lcl
Name of Contact and organization: C [ U R> 6
Address & Telephone number
Email:
Specific County property or meeting room requested:
Intended use: (- t I- A.-%. N. I KN (
i—�� V
Dat e(s) needed: - TPSI-�tA�j L73 1 from '3 0 t�VN
- LTime: t-lc.�\ G-1 (y;.�. to :-
:2 r
Official Monroe County Government Use: Yes ❑ No
Number of participants:
Alcohol consumption/sales? Yes �NoEl Use of personal BBQ grill: Yes [g No ❑
USE OF COUNTY PROPERTY ONLY
Clean up provisions, assurances, and state if any improvements are to be to facility: — 1 1
Coordination with: Sheriff Dept: Yes No
Security: Yes No
Public Works: Yes No
Previous history of holding similar events: Yes [& No F
USE OF MEETING ROOMS ONLY
Special Audio Visual Equipment needed: Yes ❑ No ❑
Describe:
Public Address System: Yes El No ❑
Arrangement of Room:
Fees are listed on pages 7, 8 and 9 of the Policy for Public Facilities, Roads, Bridges, & County Meeting
Rooms and are ,NON REFUNDABLE. Checks or Money Orders are to be made payable to Monroe
County Board of County Commissioners.
. .......... . - - — - — — ------------
COUNTY USE ONLY
Scheduled Date:
Insurance /Hold Harmless Requirements:
Approved: Yes ❑ No F By:
Fees charged or basis for waiver to be approved by County Administrator:
Alcohol use or basis for waiver or special conditions to be approved by County Administrator:
Remarks:
8/16
MONROE COUNTY BOARD OF COMMISSIONERS
EVENT AND USE OF COUNTY PROPERTY
HOLD HARMLESS AND INDEMNITY AGREEMENT
For and in consideration of having been granted permission by the Monroe County
Board of Commissioners, County Administrator, and/or Assistant County Administrator, or
his/her designee to hold an Event within Monroe County limits or on Monroe County
property, the Undersigned on behalf of the organization hereby agrees on behalf of the
organization, to protect and hold harmless Monroe County, its subsidiaries or affiliates, elected
and appointed officials, employees, volunteers, representatives and agents from (i) any claims,
actions or causes of action, (ii) any litigation, administrative proceedings, appellate
proceedings, or other proceedings relating to any type of injury (including death), loss,
damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be
asserted against, initiated with respect to, or sustained by, any indemnified party by reason
of, or in connection with, (A) any activity of Undersigned or any of Undersigned employees,
agents, contractors or other invitees, (B) the negligence or willful misconduct of Undersigned
or any of its employees, agents, sub - contractors or other invitees, or (C) Undersigned's
default in respect of any of the obligations that it undertakes under the terms of this
Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings,
costs or expenses arise from the intentional or sole negligent acts or omissions of the County
or any of its employees, agents, contractors or invitees (other than Undersigned) arising out
of or occurring in connection with the event or the use of County property described herein.
The Undersigned also agrees to protect and hold harmless Monroe County, its
subsidiaries or affiliates, elected and appointed officials, employees, volunteers, representatives
and agents from any present, past or future claims which may be asserted by this organization, or
any member of this organization or any participation or third party arising out of or occurring in
connection with this event or the use of County property.
That as the consideration of the County entering into this Agreement with the
Undersigned, it is agreed and understood that the Undersigned shall indemnify the County
against any and all claims or expenses or losses of any type, which are related to or arising from
the participation of the Undersigned in this event. The Undersigned agrees and understands that
a part of said consideration for this Agreement shall include the Undersigned's promise that any
rights to bring suit against the County and any rights to compensation therefrom on any matters
arising from or otherwise related to Undersigned's participation in this event have been
knowingly and willingly relinquished by the Undersigned under this Agreement.
The Undersigned therefore agrees to save harmless, indemnify, and defend the County,
including its subsidiaries and affiliates, its consultants, agents, volunteers, elected and appointed
officers, and employees from any and all claims, suits, actions, damages, expenses, losses,
penalties, interest, demands, judgments, and liabilities claims and related expenses in connection
with the loss thereof, and costs of suit, including attorneys' fees, for any expenses, damages,
or liability incurred by any of them, whether for bodily or personal injury, death, property
damage, direct or consequential damages, or economic loss or use thereof, including
environmental impairment, arising directly or indirectly on account of or arising out of the
Undersigned's participation in this event or the use of County property. The Undersigned's
obligation shall not be limited by, or in any way to, any insurance coverage or by any
provision in or exclusion or omission from any policy of insurance. The Undersigned agrees to
pay on behalf of Monroe County, as well as provide a legal defense for the County, b oth of
Event and Use of County Property Hold Harmless And Indemnity Agreement
which will be done only if and when requested by the County, for all claims made. Such
payment on behalf of the County shall be in addition to any and all other legal remedies
available to the County and shall not be considered to be the County's exclusive remedy.
Or in the case of another Government agenc
The as a state agency or subdivision defined in
Section 768.28, Florida Statutes, agrees to be fully responsible to the limits set forth in such
statute for its own negligent acts or omissions, or intentional tortuous actions, which result in
claims or suits against either County or, , and agrees to be liable
to the statutory limits for any damages proximately caused by said acts or omissions, or
intentional tortious acts.
The County, as a political sub - division of the State of Florida, as defined in Section
768.28, Florida Statutes, agrees to be fully responsible to the limits set forth in such statute for its
own negligent acts or omissions, or intentional tortuous acts, which result in claims or suits
against either the or County, and agrees to be liable to the
statutory limits for any damages proximately caused by said acts or omissions, or intentional
tortious acts.
Nothing contained in this Section shall be construed to be a waiver by either party of any
protections under sovereign immunity, Section 768.28 Florida Statutes, or any other similar
provision of law. Nothing contained herein shall be construed to be a consent by either party to
be sued by third parties in any matter arising out of this or any other Agreement.
Page 2 of 3
Event and Use of County Property Hold Harmless And Indemnity Agreement
Those who are hereby released shall not be stopped or otherwise barred from asserting
any expressly reserved right to assert any claim or cause of action they may have against the
Undersigned or any others.
This Agreement shall be interpreted under and its performance governed by the laws of
the State of Florida. The parties agree that any action relating to this Agreement shall be
instituted and prosecuted in the courts of Monroe County, Florida, and therefore, each party to
this Agreement hereby waives the right to any change of venue.
By the signature to this document, the undersigned acknowledges that it understands the
contents of this document and is voluntarily agreeing to its terms. The undersigned is authorized
and holds the actual authority as the Legally Authorized Representative of this organization to
enter into this Agreement and the organization has delegated such signatory authority to me.
In witness whereof 1 /we have hereunto set my /our hand and seal the
Day of _ 6 in the year 1
SIgnat ure of Legally A-ii bori ed Representative
Printed Name
Title
Page 3 of 3