Resolution 399-2021 RESOLUTION NO. 399 —2021
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, APPROVING THE DIRECTOR OF AIRPORTS
REQUEST TO SPONSOR THE 40TH ANNIVERSARY WORLD
CHAMPIONSHIIP BOAT RACES.
WHEREAS, on March 17, 2021 the Board of County Commissioners (Board)
unanimously passed resolution 123-2021 delegating authority to the Director of Airports and
approving the use of Key West International Airport Enterprise Funds for promotional
sponsorships; and
WHEREAS, Race World Offshore, LLC will be producing the 40th Anniversary
UIM/APBA World Championship Boat Races which will be hosted in Key West; and
WHEREAS, Mr. Larry Bleil, President and Owner of Race World Offshore, LLC has
contacted the Director of Airports regarding sponsorship of the 40th Anniversary World Boat
Races; and
WHEREAS,the Key West International Airport and its logo will be identified as a sponsor
on all printed materials, banners, press releases and trophies and will be promoted during the 3
day live stream of the racing; and
WHEREAS, approximately 25,000 people are expected to attend the live event; and
WHEREAS, advertising through Union International Motonautique (UIM), e-mail blasts,
boating magazines, Facebook, etc., is expected to reach a further 1,000,000 views; and
WHEREAS, the Board finds that this sponsorship complies with the requirements of
resolution 123-2021 by publicizing, advertising, and promoting the airport and will make known
its advantages, facilities, resources,products, attractions, and attributes; and
WHEREAS, the Board finds that the exposure and resulting good will the Key West
International Airport will receive through the sponsorship serves a public purpose; and
WHEREAS, the Board finds that this event sponsorship serves purposes similar those
served by the Tourist Development Council's sponsorship of the event in 2019 ($150,000), 2020
($75,000), and 2021 (proposed $120,000, see item F23 on the October 20, 2021 agenda); and
WHEREAS, the Board finds that the Airports' sponsorship must be supplemental to the
1
Tourist Development Council's event sponsorship so that the Airport can enjoy the benefits of
publicity enjoyed by event sponsors; and
WHEREAS,the Board finds that this expenditure is a lawful use of airport funds pursuant
to the Policies and Procedures promulgated by the Department of Transportation,Federal Aviation
Administration in the Federal Register at 64 Fed. Reg. 7696, February 16, 1999 Concerning the
Use of Airport Revenue.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The Board hereby approves the Director of Airports request to sponsor the
40th Anniversary World Championship Boat races produced by Race World Offshore, LLC in the
amount of$10,000.
Section 2. The Board finds that this expenditure of airport funds serves a valid public
purpose supplemental to the public purpose served by the expenditure of Tourist Development
Tax dollars for the same event.
Section 3. The Board directs the Clerk to issue a check in the amount of$10,000 from
the Airport Operating Account made payable to RWO Offshore, LLC
PASSED AND ACCEPTED by the Board of County Commissioners of Monroe County,
Florida, at a meeting of said Board held on the 20th day of October, 2021.
Mayor Michelle Coldiron Yes -T1
(Doh, Mayor Pro Tem David Rice Yes
,•.,.\,,,A, Commissioner Craig Cates Yes
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Commissioner Eddie Martinez Not Present �.,. t
Commissioner Holly Merrill Raschein Yes ...:1 n
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" m µ`�e BOARD OF COUNTY COMMISSINERS re, �'
Attest: VIN MADOK, Clerk OF MONROE CO TYTF�`
ABy Cret."--4-4-^-,--vbil--" B
Y eiisi)As Deputy Clerk Mayor Michelle Coldiron
NROE COU ATTOfNEY
FiOYE FORM
RED O J.
ASSt LINTY AT7DRNEY
2 Date 10/16/21
COMMERCIAL SPONSORSHIP AGREEMENT
BETWEEN
RACE WORLD OFFSHORE LLC.
AND MONROE COUNTY
THIS Agreement is made and entered into by and between Monroe County, Florida, a
political subdivision of the State of Florida (County), and Race World Offshore, LLC. (RWO)on
this 20th day of October, 2021..
1. Event.
RWO agrees to produce the 40'h Anniversary UIM/APBA World Championship Boat
Races in the waters of Key West, Monroe County, Florida from November 7'h through
November 14
2. RWOresponsibilities,
a. Recognize Key West International Airport (Sponsor) as a Supporting Sponsor
($10,000).
b. Include the Sponsor logo on all printed materials and banners at the race site.
c. Include the Sponsor logo on all press releases.
d. Include the Sponsor logo oil all Trophies.
e. Include the Sponsor logo in all event announcements made in e-mail blasts, boating
magazines, FaceBook, etc.
3. Independent Contractor.
County/Sponsor and RWO shall be and act as independent contractors,, and under no
circumstances shall this Agreement be construed as one of agency, legal partnership or
joint venture of employment between RWO and County/Sponsor.
4. Assignment.
This Agreement is not assignable in whole or in part by any party hereto without prior
written consent of the other.
Entire Agreement.
I T'his Agreement contains the entire understanding between the parties and supersedes any
and all prior agreements, arrangements, com In Lin i cations, or representations, whether oral
or written, concerning the same subject matter, This Agreement may not be amended,
altered, modified or changed except in writing, signed by both parties.
6,. Notices.
Any notice required or permitted under this agreement shall be in writing and hand
delivered,emailed or mailed, postage prepaid, to the other party by certified mail, returned
receipt requested to the following:
For RWO: Lawrence C. Bleil
Race World Offshore, LLC
1212 Duncan St
Key West, Ft 33040
For Sponsor: Richard Strickland
Director of Airports
3491 South Roosevelt Blvd.
Key West, Ft., 33040
And
Pedro J. Mercado
Asst. County Attorney
I I I I 12'h St, Suite 408
Key West, FL 33040
7. Indemnification and Hold Harmless.
RWO covenants and agrees to indemnify and hold harmless and defiend Monroe County,
its officers, employees and agents 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 produced by RWO, or other
activities and funding associated with this agreement, except those losses or darnages
caused by the negligent or wrongful act or omission of' County or its agents.
8. Non-Waiver of Immunity.
Notwithstanding the provisions of Sec. 768.28, Florida Statutes,the participation of RWO
and the County 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.
9, Conipliance with Laws--Nondiscrimination.
RWO and County 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. RWO and County
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
VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination in
employment on the basis of race, color,religion.sex,and national origin;2)Title IX of the
Education Amendment of 1972, as amended (20 LJSC 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 USC 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 (PI, 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) 'rhe Public Flealth
Service Act of 1912, ss. 523 and 527 (42 CSC" ss. 690dd-3 and 290ce-3), as amended,
relating to confidentiality of alcohol and drug abuse patient records, 8) Title Vill ol"the
Civil Rights Act of 1968 (42 USC s.3601 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 sW 12101 Note), as may be amended from tirne to time,
relating to nondiscrimination on the basis of disability; 10) Monroe County Code, Chapter
14, Article 11, which prohibits discrimination on the basis of race, color, sex, religion,
disability, national origin, ancestry, sexual orientation, gender identity or expression,
familial status or age; 11)Any other nondiscrimination provisions in any Federal or state,
statutes which may apply to the parties hereto, or the subject matter of, this Agreement.
10. Governiniz 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 enlbreement
or interpretation ol"the agreement,the COUnty/Sponsor and RWO 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.
11.'Severabilitv.
If any provision of this agreement shall be held by a Court Of Competent jurisdiction to be
invalid or unenforceable, the remaining provisions shall not be affected thereby; and each
provision of this agreement shall be valid and enforceable to the fullest extent permitted by
law.
12. Ethics Clause.
RWO warrants that It has not employed, retained or otherwise had act on its behalf; any
former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or
any County officer or employee ill violation of Section 3 of Ordinance No. 10-1990. For
breach or violation of the provision the County inay, at its discretion terminate this
agreement without liability and may also, at its discretion, deduct Born 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.
13. Public Entities 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 oil 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 tsar a period of 36 months from the date of being placed
on the convicted vendor list.
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'111 , , . 1 tY' ESS WHEREOF, the parties hereto have executed this agreement the day and
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