Item D05BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: DECEMBER 17, 2008 Division: TDC
Bulk Item: Yes X No _ Department:
Staff Contact Person/Phone #: Maxine Pacini
296-1552
AGENDA ITEM WORDING:
Approval of an Agreement with Conch Republic Offshore Power Boat Racing Association, Inc.
covering the Key West World Championship Race in an amount not to exceed $75,000, DAC I, FY
2009 Event Resources.
ITEM BACKGROUND:
TDC approved same at their meeting of September 23, 2008 Meeting
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
New Contract
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: S75,000 BUDGETED: Yes X No
COST TO COUNTY: $75,000 SOURCE OF FUNDS:
TDC
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing X Risk Management X
DOCUMENTATION:
DISPOSITION:
Revised 11/06
Included X Not Required
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Conch Republic Offshore Contract #
Power Boat Racing Association Effective Date:
Inc.
Expiration Date:
531
12/ 17/08
9/30/10
Contract Purpose/Description:
Approval of an Agreement with Conch Republic Offshore Power Boat Racing
Association, Inc. covering the Key West World Championship Race in an amount not to
exceed $75 000 DAC I FY 2009 Event Resources.
Contract Manager: Maxine Pacini 3523 TDC # 3
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 12/17/08 Agenda Deadline 12/2/08
CONTRACT COSTS
Total Dollar Value of Contract: $ 75,000 Current Year Portion: $
Budgeted? Yes® No ❑ Account Codes : 115-75360-530340-T-M-95-503-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 Needed wer
Division Director Yes❑ No
Risk Manage ent 0' Yes[:] Nog/' tc)",3<J
O B./Purc asmg 10 2�� �� Yes❑ No
County Attorney i4t�t
Yes
No❑ C. Hall ( v�- G
Comments:
OMB Form Revised 2/27/01 MCP #2
Turn Key Events Agreement
THIS AGREEMENT (Agreement) is entered into this day of ,
2008, by and between MONROE COUNTY, a political subdivision of the state of Florida
(County) and Conch Republic Offshore Power Boat Racing Association, Inc. a non
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 $75,000 (Seventy Five Thousand
Dollars) for: Key West World Championship Race on November 8-15, 2009 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
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
Key West World Championship Race
FY 2009 Funding
Contract ID#: 531
1
the COUNTY or to an authorized representative for audit. Records shall be retained a
minimum of three years after contract has been performed.
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 September 30, 2010. All
invoices must be submitted prior to September 30, 2010.
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 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 comply 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
Key West World Championship Race
FY 2009 Funding
Contract ID#: 531
2
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
C/O Risk Management
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 assumed under this contract
or imposed by law.
The Monroe County Board of County Commissioners, its employees and officials
shall be included as "Additional Insured" 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 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 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:
Key West World Championship Race
FY 2009 Funding
Contract lD#: 531
3
$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
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 that the contractor's General Liability policy.
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.
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 Regulations: Any and all services, materials and equipment
shall comply fully with all Local, State and Federal laws and regulations.
Key West World Championship Race
FY 2009 Funding
Contract ID#: 531
4
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 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 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 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
Key West World Championship Race
FY 2009 Funding
Contract ID#: 531
5
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 "Florida Keys & Key West Come As
You Are" logo/trade mark (as per attached logo sample). This logo/trade mark was
adopted by the TDC and County in December 2006.
In -County Logo: The 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 John Underwood with Tinsley Advertising at 305-856-6060.
Out of County Logo: 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 format (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:
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 Board of Directors.
Key West World Championship Race
FY 2009 Funding
Contract ID#: 531
P
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 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: Larry Bliel
500 Fleming Street
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
FY 2009 Funding
Contract ID#: 531
7
IN WITNESS WHEREOF, the parties hereto have executed this agreement the
day and year first above written.
(SEAL)
Attest: Danny L. Kolhage, Clerk
Deputy Clerk
(CORPORATE SEAL)
Attest:
By.
Secretary
Print Name
Data:
OR TWO WITNESSES
(1)
Print Name:
Date:
Key West World Championship Race
FY 2009 Funding
Contract ID#: 531
Board of County Commissioners
of Monroe County
Mayor/Chairman
Conch Republic Offshore Power Boat
Racing Association, Inc.
kresident
Print Name
Date: (O
(2}
Print Name:
Date:
MONROE COUNTY ATTORNEY
�PROGAS TO
(z,�X, OR
N 1
ASSISTANT qOU TY ATT NEY
Date _ �% - G`�
In -County logo
The
Florida Keys
& Key ��Iestds you cue*
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
Out -of -County logo
The
Florida Keys
&Key�est 0
.come as you are
Key West World Championship Race
FY 2009 Funding
Contract ID#: 531
9