Item G09 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: NOVEMBER 20. 2012 Division: TDC
Bulk Item: Yes X No Department:
Staff Contact Person/Phone #:- Maxine Pacini
296-1552
AGENDA ITEM WORDING:
Approval of an Agreement with Super Boat International Productions, Inc. covering Key West
World Championship Race in November, 2013 in an amount not to exceed $120,000, DAC 1,
FY 2013 Event Resources.
ITEM BACKGROUND:
TDC approved same at their meeting of September 11, 2012
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
New Agreement
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $120,000 BUDGETED: Yes X No
COST TO COUNTY: $120,000 SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH— Year
APPROVED BY: County Atty X OMB/Pulasing X Risk Management X
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM#
Revised 11/06
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Super Boat Contract# 1135
International
Productions, Inc. Effective Date: 11/20/12
Expiration Date: 2/28/14
Contract Purpose/Description:
Approval of an Agreement with Super Boat International Productions, Inc.
covering Key West World Championship Race in November, 2013 in an amount
not to exceed $120,000, DAC 1, FY 2013 Event Resources.
Contract Manager: -Maxine Pacini 3523 TDC # 3
(Name) (Ext.) (Department/Stop 9)
for BOCC meeting on 10/17/12 Agenda Deadline 10/2/12
CONTRACT COSTS
Total Dollar Value of Contract: $ 120,000 Current Year Portion: $
Budgeted? Yes® No F-1 Account Codes 115 75360 5310340 tm35 503 x 530340
Grant: $
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (eg.maintenance,utilities,janitorial, salaries,etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed e vVer
Division Director Yes[] NoFj- Z-1
Risk Management Yes—F❑ NoEl
O.M.B./Purchasing YesO No[2/ q, IOL 4% Ct
County Attorney YesF-1 No[!] Hall qjj 2-1 j 4_
Comments:
OMB Form Revised 2/27/01 MCP#2
Turn Key Events Agreement
THIS AGREEMENT (Agreement) is entered into this day of 12012,
by and between MONROE COUNTY, a political subdivision of the state of Florida (County)
and Super Boat International Productions, Inc. a for profit corporation 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 $120,000 (One Hundred and Twenty
Thousand Dollars — TDC District I Funding Allocation) for: Key West World Championship
Race in November, 2013 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
e). National marketing and media exposure (excluding 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 Worid Championship Race
Turnkey Funding
FY 2013
ID#: 1135
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 February 28, 2014. All invoices
must be submitted prior to February 28, 2014.
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.
_,;�ov The e-mail must state that this is a certificate for a TDC event (state name of
L
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 �ALdd�rnn inAsst,",d)fla-if-,=yq,corn or by
calling (305) 296-1552.
Key West World Championship Race
Turnkey Funding
FY 2013
ID#: 1135
2
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
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 sponsor's 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
Key West World Championship Race
Turnkey Funding
FY 2013
ID#: 1135
3
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.
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 Statutes Chapter 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
Key West World Championship Race
Tumkey Funding
FY 2013
ID#: 1135
4
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. 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. Authority: 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 Governing Board.
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
Key West World Championship Race
Turnkey Funding
FY 2013
ID#: 1135
5
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
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 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 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 Te rrace
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.
Key West World Championship Race
Tumkey Funding
FY 2013
ID#: 1135
6
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and
year first above written.
(SEAL) Board of County Commissioners
Attest: Danny L.. Koihage, Clerk of Monroe County
Deputy Clerk Mayor/Chairman
(CORPORATE SEAL.) Super Boat international Productions, Inc.
Attest:
Y. By
Secretary President- �
Print Name Print Name
Date: Data:
OR TWO WITNESSES
Print Name: Print Name:
Date: Date: f& C,I
MONRROr= COUNTY ATTORNEY
AP VED AS O 27:
C T I L.
ASSISTA T OUNTY ATTORNEY
Date
Key West Word ChaffWb-sh1P Race
Tun*w Funckv
FY 2013
10 AF: 1133
7
EXHIBIT A
In-County Lo_qo
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 Jessica Taylor-Smith or John
Underwood with Tinsley Advertising at 305-856-6060.
t<ey Vt
Close to RAoct I'lir ITOMNormol
100KI'STIA
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 Jessica Taylor-Smith or John Underwood at Tinsley Advertising at 305-856-6060.
teYr\VeSt
Gose to Perfect For From Norm(/
Key West World Championship Race
Turnkey Funding
FY 2013
ID#: 1135
8