Item C09
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:.Pqs~VH~'tl"; 2006
Division:
IDC
Bulk Item: Y es ~ No
Department:
Staff Contact Person: Maxine Pacini
AGENDA ITEM 'VORDING:
Approval of a Turn Key Event Agreement with the Conch Republic Offshore Power Boat Racing
Association, Inc. covering the Key West World Championship Race on November 5-12, 2006 in an
amount not to exceed $95,841, DAC I, FY 2006 Event Resources.
ITEM BACKGROUND:
IDC approved August 31, 2005
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
New Contract
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $95,841
BUDGETED: Yes ~ No
COST TO COUNTY: $95,841
SOURCE OF FUNDS:
IDC
REVENUE PRODUCING: Yes A- No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty ~ OMB/Purchasing ~ Risk Management ~_
~~<)AI~/7.
DIVISION DIRECTOR APPROVAL: v///7 /,/ / ~~~(,c?U;:~L"'(:'>
(Lynda Stuart)
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 2/05
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Conch Republic Offshore Contract #_
Power Boat Racing Effective Date: 1/15/06
Association, Inc. Expiration Date:
Contract Purpose/Description:
Approval of a Turn Key Event Agreement with the Conch Republic Offshore Power
Boat Racing Association, Inc. covering the Key West W orId Championship Race on
November 5-12, 2006 in an amount not to exceed $95,841, DAC t FY 2006 Event
Resources.
Contract Manager: Maxine Pacini 3523 TDC # 3
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 2/15/06 Agenda Deadline 1/:t66
CONTRACT COSTS
Total Dollar Value of Contract: $ 95,841
Budgeted? Yes~ No D Account Codes
Grant: $
County Match: $
Current Year Portion: $
115-75360-530340- T65M-503X-530340
- - - ~
_ _ _ --n..,- ~
-
---
ADDITIONAL COSTS
Estimated Ongoing Costs: $~YT For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
j~ Needed
Division Director ~.. .....:7 YesD NoG
Risk Management ~ YesU NoLf.
O.~:B.!purchasi~ 12.-I"5p<S"YesD No~ '
County Attorney
!2.i'iloS YesD No[2f'
Comments:
OMB Form Revised 2/27/01 MCP #2
Date Out
S.Hutton
"'-s-
Turn Kev Events Aareement
This AGREEMENT dated the day of 2006, is entered into by and between
the BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY, hereinafter "County"
or "BOCC," on behalf of the TOURIST DEVELOPMENT COUNCIL, hereinafter "TDC" and
Conch Republic Offshore Power Boat Racing Association, Inc., hereinafter "Event Sponsor".
WHEREAS, Event Sponsor has proposed the presentation of a Turnkey Event as
described below; and
WHEREAS, the BOCC finds it in the best interest of the County to promote tourism by
entering into this agreement,
NOW, THEREFORE1 and in consideration of the mutual covenants, contained herein the
parties agree as follows:
1. The BOCC agrees to pay from tourist development tax funds $95,841 (Ninety Five
Thousand, Eight Hundred and Forty One Dollars) for the production of the Key West World
Championship Race on November 5-12, 2006 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:
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 of 70 boats racing
e). Minimum size of boats 24 feet in length
f). One hour national TV show with coverage to a minimum of 50 million
households to be aired within 90 days after the race
3. Payment: 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 (TOC) 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.
4. Accounting: Event Sponsor shall maintain all books, records, and
documents directly pertinent to performance under this Agreement in accordance with
Key West World Championship Race 2006
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'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 Agreementl the Event
Sponsor shall repay the monies together with interest calculated pursuant to Sec. 55.031
F5, 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 September 30, 20071 unless
earlier terminated pursuant to Section 7 below. All invoices must be submitted prior to
September 30,2007.
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.
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 shalf
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
Or
Key West World Championship Race 2006
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· Certificate of Insurance e-mailed from Insurance Agent/Company 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 shan 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 maifed 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
bylaw.
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional I nsured" 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
Key West World Championship Race 2006
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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.
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 Million 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: Event Sponsor will secure all required permits, licenses including but not
limited to occupational licenses.
11. Laws and Regulations: Any and all services, materials and equipment shalf
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 Charaes: The SOCC and TDC will not be responsible for any finance
charges.
14. Relation of SOCCITDC: 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 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. Disclosure: Event Sponsor shalf 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 clients interest which may conflict with the interest of
the SOCC and TOC.
Key West World Championship Race 2006
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16. Assianment: 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 soce. 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 use 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 use 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 on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment 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. Security 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
Key West World Championship Race 2006
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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. Loao: 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 TOG 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. 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.
22. Authority: Each of the signatories for the sponsor below certifies and warrants
that:
a) The sponsor1s 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 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 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 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".
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 jf 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
Key West World Championship Race 2006
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failure to produce the event. Upon demand of TDC or BOCe, the Event Sponsor must furnish
evidence of the causes of such delay or failure. soce 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. Severability. 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, covenant1 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 Disaoreements. 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 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/Payment. 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, commission1 percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement For the breach or
Key West World Championship Race 2006
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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. Privileaes and Immunities: All of the privileges and immunities from liability,
exemptions from lawsl 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. Leoal Obliaations 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 Immunity: 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 by 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 have the authority to inform, counsellor otherwise
indicate that any particular individual or group of individuals, 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.
Key West World Championship Race 2006
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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 I 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-at-pocket expenses in appellate proceedings. Mediation proceedings
initiated and conducted pursuant to this Agreement shall be in accordance with the Florida
Rules ot Civil Procedure and usual and customary procedures required by the circuit court of
Monroe County.
36. Section Headings; 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 ot any provision of this
Agreement.
37. Entire Agreement: 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 tirst above written.
(SEA
cing Association, Inc.
~AaJ~
By
President
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairman
Key West World Championship Race 2006
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