Item G06
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: NOVEMBER 18, 2009
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. for the Key West Wodd
Championship Race in an amount not to exceed $115,000, DAC I, FY 2010 Event Resources
ITEM BACKGROUND:
TDC approved same at their meeting of September 22, 2009
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $115,000 BUDGETED: Yes ~ No
COST TO COUNTY: $115,000 SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH Year
APPROVED BY: County Atty ~
/Purchasing
Risk Management X
DOCUMENT A TION:
Included
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 11/06
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Super Boat International Contract /
Productions, Inc. Effective Date: 11/18109
Expiration Date: 3/1/2011
Contract Purpose/Description:
Approval of an Agreement with Super Boat International Productions, Inc. for the Key
West World Championship Race in an amount not to exceed $115,000, DAC 1. FY 2010
Event Resources
Contract Manager: Maxine Pacini 3523 TDC # 3
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 11/18/09 Agenda Deadline 11/3109
CONTRACT COSTS
Total Dollar Value of Contract: $ 115,000
Budgeted? Yes~ No D Account Codes:
Grant: $
County Match: $
CUlJentX ear Portion: $
115~75360-530j40- TM-OS:503-X-530340
ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
County Attorney
Changes
Needed
YesD NotJ
YeSDNo~/
/
?YesD NortJ
YesDNoGr:
Date Out
Division Director
C. Hall
R' ana~ment
. ~ ~{Y
o .M.B./Purchasmg
Comments:
OMB Form Revised 2/27/01 MCP #2
Turn Events
THIS AGREEMENT (Agreement) is entered into this day of , 2009,
by and between MONROE COUNTY, a political subdivision of the state of Florida (County)
and Super Boat International Productions, Inc. a business 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 $115,000 (One Hundred and Fifteen
Thousand Dollars) for: Key West World Championship Race on November 7-14,2010 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
d). Minimum size of boats 24 feet in length racing in the event
e). National marketing and media exposure (in addition to any website exposure)
3. Payment: Upon receipt from Event Sponsor of documentation, reviewed and
verified by the Tourist Development Council (TOC) 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. Accountinq: 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 minimurn of three
years after contract has been performed.
Key West World Championship Race
Contract 10#: 676
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5. to this contract be made written mutual
agreernent, recommended by the TOC and approved by the COUNTY.
6. Terrnination: This Agreement terminates on March 1, 20011. All invoices
must be submitted prior to March 1, 2011.
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, ernployees and agents
including the Tourist Oeveloprnent Council and Visit Florida Keys from any and all claims for
bodily injury (including death), personal injury, and property darnage (including property owned
by Monroe County) and any other losses, darnages, 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 ReQuirernents: 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 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 through out the entire duration of the Event and any extensions
specified in any attached schedules. Failure to cornply with this provision shall release County
of any obligation to compensate event sponsor. Further, any material misstatement in the
application for insurance coverage shall 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
An original certificate or 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. The insurance
policy must state that the Monroe County is the certificate holder and additional
Insured. Insurance should be mailed to:
Monroe County Board of County Commissioners
Key West World Championship Race
Contract 10#: 676
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c/o Risk
1100 Simonton Street
Room 1-213
Key West, FL 33040
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 insurance shall not be construed as
relieving Event Sponsor from any liability or obligation assurned under this contract or
imposed by law.
The Monroe County Board of County Commissioners, its ernployees and officials shall
be included as "Additionallnsured" on all policies, exempt workers compensation.
Any deviations from these General Insurance Requirements must be requested in
writing on the County form titled "Request for Waiver of Insurance Requirernents" 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 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 Oefinition of Property Oamage
The minirnum limits acceptable shall be:
* $1,000,000.00 combined Single Limit (CSL)
If split limits are provided, the minimurn limits acceptable shall be:
* $500,000.00 per Person
* $1,000,000.00 per Occurrence
* $100,000.00 Property Darnage
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 c1airns may be reported should extend for a
minimum of twelve (12) months following the acceptance of work by the County.
Key West World Championship Race
Contract 10#: 676
3
Recognizing .that the work governed by this contracL invo.lves.thesales. .andlor
distribution of alcoholic beverages, the Contractor's General Liability Insurance policy shall
include Liquor Liability with lirnits equal to those of the basic coverage.
A separate Liquor Liability policy is acceptable if the coverage is not more restrictive
that 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, licenses including
but not limited to occupational licenses.
11. Laws and Requlations: 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 Charqes: The COUNTY and TOC will not be responsible for any
finance charges.
14. Relation of COUNTYITOC: 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 TOC, 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 Statute 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 TOC.
16. Assiqnment: 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 TOC and COUNTY.
17. Cornpliance 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
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.
Key West World Championship Race
Contract 10#: 676
4
1 The Event warrants that it has not 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 ernployee 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 agreernent 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 riqhts: 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 TOC under this
agreernent.
21. LOQo: All promotional literature and display advertising with the exception
of generic advertising must display the "Florida Keys & Key West Come As You Are"
logo/trade mark (as per attached logo sample). This logo/trade mark was adopted by the
TOC and County in Oecember 2006.
In-County Loqo: The logo that includes the "Monroe County Tourist Oevelopment 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 John Underwood
with Tinsley Advertising at 305-856-6060.
Out of County Loqo: The out of county logo does NOT include the "Monroe County Tourist
Development Council" designation and 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, trophies 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 forrnat
(eps orjpg file), contact Emerson Fales or John Underwood at Tinsley Advertising at 305-856-
6060.
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:
Key West World Championship Race
Contract 10#: 676
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a).. The Sponsor's name. in.the. agreement is the. full name .as designated .in its. CQrporate
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 Board of Oirectors.
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
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". By execution of this Agreement, Sponsor
warrants that it is in compliance with this requirement.
25. Governinq LawNenue: This Agreernent shall be governed by and construed in
accordance with the laws of the State of Florida applicable to contracts made and to be
perforrned 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
adrninistrative body in Monroe County, Florida. This Agreement shall not be subject to
arbitration.
26. Notice: Any notice required or perrnitted 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 Terrace
Key West, FL 33040
For Grantor: Lynda Stuart
Monroe County Tourist Oevelopment 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
Key West World Championship Race
Contract 10#: 676
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27. Entire Aqreement: The parties agree that the Agreement above constitutes the
entire agreement between the COUNTY and Event Sponsor.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and
year first above written.
(SEAL)
Attest: Danny L. Kolhage, Clerk
Board of County Commissioners
of Monroe County
Deputy Clerk
Mayor/Chairman
(CORPORATE SEAL)
Attest:
Super Boat International Productions, Inc.
-~~-- ~
~~~
~J.z vtI ~l'.2-berAl:ll; l L-
Print Name
Date: C("-)-$ 2. 00 q .
By.
Secretary
Print Name
Date:
OR TWO WITNESSES
(1 )
(2)
Print Name:
Print Name:
Date:
Date:
Key West World Championship Race
Contract JD#: 676
MONAOE COUNTY ATTOANIV
APl1~~l~p:
~ IAL.HA
ASSISTA~T COUNTY AT90ANEY
Date - ~t- ~oO
7
The
Florida Keys
-.-
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
out-ot-County Loao
The
Florida Keys
. -
-.-
Key West World Championship Race
Contract 10#: 676
8