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2. 08/17/2022 Agreement GV�S COURTq c o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: September 16, 2022 TO: Beth Leto,Airports Business Manager, KWIA FROM: Liz Yongue, Deputy Clerk SUBJECT: August 17th BOCC Meeting The attached item has been executed and added to the record: I4 Resolution 240-2022 granting approval and authorizing the execution of a Sponsorship Agreement with Race World Offshore, LLC for the Kev West International Airport to sponsor Race World Offshore for the internationally sanctioned 41st Aiuiiversary World Championship Powerboat Races in Key West under Airport promotional sponsorships Resolution No. 123-2021. Should you have any questions please feel free to contact me at (305) 292-3550. cc: Cotulty Attorney_ Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 fi ,., _ oe . ...w. ... „ �......... .,...., o . ,. , RACE WORLD OFFSHORE.IS PRODUCING THE UIM/APBA WORLDCHAMPIONSHIPS. THIS IS TRULY AN INTERNATIONLY SANCTIOND WORLDCHAMPIONSHIP. THFtU UNION TE T! L MOTONAUTIQUE [UlMll BASEDINMONTE CARLO, USA MEDIA, EMAIL BLASTSMOATING MAGA7JNESFACE8OOKETC,WE REACH AT LEAST 1,000AM VIEW&THE KEYWEST RACE ISTE LARGEST AND MOST PR US RACE IN THE WORLD, LIVE STREAM OF THE RACE IS SEEN AROUNDTHE WORLD ON EACH OF THE 3 DAYS OF RACING, WHICH WILL PROMOTE THE KEY EST INTERNATION AIRPORT ALONG WITH OTHEATOP TIE SPONSCIRS,THE AIRPORT WILLALSO BE ON ALL PRINTED I E T THE. E SITCAND PRESSRELEASES,WE WILL NEED LOGOS SOON FOR SPONSOR PAGES,AND ON TROPHIE& FANS FROM AROUNDTHE WORLD COME HERE FOR THE THRILL AND EXCITEMENT F E WEEK LON6 EVENT FROM NOVEMBER6-13, 2022. E ANTICIPATE APROX 25,OWPEOPLE TO THE KEYS FOR THIS EPIC EVENT, THE ECONOM IC I MPACT FOR THIS 0 N E WEEK EVENT Wlli,TRULY BE THE LARGEST OF ANY EVENT IN MONROE COUNTY. AUGUJ, 2022 RR LEI PRESIDE T RACE RILL OFFSHORE, LLC I PO, Box 2248, I a FL 33045 p 30&@001223 p rocamr1doffshomftmaltoom mcewoddoffshom.mm 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 17th day of August, 2022 I. Event. RWO agrees to produce the 4 1 st Annual UIM/APBA World Championship Boat Races in the waters of Key West, Monroe County, Florida from November 6 through November 13, 2022. 2. RWO responsibilities. 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 on 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. S. Entire Agreement. This Agreement contains the entire understanding between the parties and supersedes any and all prior agreements, arrangements,communications, 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, Fl 33040 For Sponsor: Richard Strickland Director of Airports 3491 South Roosevelt Blvd. Key West, FL 33040 And Pedro I Mercado Asst.County Attorney 1111 12" St, Suite 408 Key West, FL 33040 7. Indemnification and Hold Harmless. RWO covenants and agrees to indemnify and hold harmless and defend 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 damages caused by the negligent or wrongful act or omission of County or its agents. 8. Non-Waiver of Immunity. Notwithstanding the provisions of See.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. Compliance 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 USC 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 (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 patient records; 8) Title VIII of 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 s. 12101 Note), as may be amended from time 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.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/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. Severability. 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 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. 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 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. S • IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. 0 9 Rft. Board of County Commissioners �' , — -yin Madok,Clerk of Monroe County �a wsia A ' AmAA ' /075S,............._ a. * ' jg =,9^ --lit----;-:,,,� v .,::: • Dep Clerk Mayor/Chaff Foe,Nsr IN iN I Race Wor ffshore, LLC ----- B C v -r y Preside t r., Print Name . J r Datil; f 20 22— ,c~ t, AND TWO WITNESSES i-- '-) t:77, (2) Print Name: 6�,I G1n GI VA I(AIti e vk Print Name:g/ep 6t.nre Sa.enz. Date: 8'I.20ZZ Date: S• I• 2.0 21 - NROE ATTORNEY ,LeIrCW FORM P ASSI NTY ATTORNEY ptde 7/26/22 RESOLUTION NO. 240 -2022 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, APPROVING THE DIRECTOR OF AIRPORTS REQUEST TO SPONSOR THE 41st ANNUAL RACE WORLD OFFSHORE 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 41st Annual 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 41st Annual 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 41st Annual 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 17th day of August, 2022. Mayor David Rice Yes .� Mayor Pro Tern Craig Cates Yes a 0 4. e. Commissioner Michelle Coldiron Yes �- ` xa s3 Commissioner James K.Scholl Yes i Commissioner Holly Merrill Raschein Yes s ,---. .. ap e BOARD OF COUNTY COMMISSIONERS Atte 1 IN MADOK, Clerk OF MONROE COUNTY, FL By F.4, r1C2 By_r=' ": Ase Clerk � �. pay Mayor Day' ice 1_J U1— . AW NROE COUNTY ATTOF3NEY' E, r } HOVE ` FORM L.L. I = PED•0J. - 1-- Z ASSI- 10UNTYATTORNEY - - tip -._:,:: Date 7/26/22