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Resolution 283-2023RESOLUTION NO. 283 —2023 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, APPROVING THE DIRECTOR OF AIRPORTS REQUEST TO SPONSOR THE 42nd ANNUAL 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 42nd Annual World Championship Boat Races which will be hosted in Key West; and WHEREAS, Mr. Larry Bled, President and Owner of Race World Offshore, LLC has contacted the Director of Airports regarding sponsorship of the 42nd 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, and press releases 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 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 isponsorship i' that the Airport aenjoy' benefits of publicity enjoyed by event sponsors; and 'Boo III ► ` ` i1s ! i a 1` i s a i 1H014ft P1114MOPM11114111 to the Policies and Procedures promulgate by the Department of Transportation, Federal Aviation Administration in the Fe!. a Registerat 64 Fed. Reg. 7696, February 16, 1999 Concerning Use of Airport 1 ► ` COMMISSIONERS11011', THEREFORE, BE IT RESOLVED ►COUNTY,► a SectionBoard hereby approves 1, of Airports 1 to sponsor 42 ' Annual World Championship Boatraces produced by Race World Offshore, amount Sectioni. ! finds that this expenditureof airporti a valid public purpose 11 ! the public purpose f by the expenditureof TouristDevelopment Tax dollars for the s.-A M79 a 7107T,! ,f 1a oNPIFFf 19► A . PASSED a` AND ACCEPTED by Board of !unty Commissioners of ! !County, Florida, at a meeting of i Board held on the 20th day of 1 1- Mayor Craig CatesAra— Merrill Commissioner isLincoln Yos rNa Commissioner e c Yes Commissioner Yes C- mulgelsimm, B s Deputy Clerk r COUNTYBOARD OF E OF NROE C0 NTY, F1, By Mayor ` aid ...� . �A'izaRV0,41ijof. f: Race World e, LLC e B ftwwboat Sanctioning RACE WORLD OFFSHORE IS PRODUCING THE RACE WORLD OFFSHORE KEY WEST CHAMPIONSHIPS. THIS IS AN EXCITING ANNUAL EVENT THAT BRINGS THE WORLD'S TOP OFFSHORE BOAT RACERS TO KEY WEST. LIVE STREAM OF THE RACE IS SEEN AROUND THE WORLD ON EACH OF THE 3 DAYS OF RACING, WHICH WILL PROMOTE THE KEY WEST INTERNATIONAL AIRPORT ALONG WITH OTHER TOP -TIER SPONSORS. THE AIRPORT LOGO WILL BE PLACED ON ALL PRINTED MATERIALS, PRESS RELEASES, BANNERS AT THE RACE SITE, AND SELECT TROPHIES. FANS FROM AROUND THE WORLD TRAVEL TO KEY WEST FOR THE THRILL AND EXCITEMENT OF THE WEEK-LONG EVENT FROM NOVEMBER 5-12, 2023. WE ANTICIPATE APPROXIMATELY 25,000 PEOPLE TO ATTEND THIS EPIC EVENT. THE ECONOMIC IMPACT FOR THIS ONE -WEEK EVENT WILL BE TRULY THE LARGEST OF ANY EVENT IN MONROE COUNTY. LARRY BLIEL PRESIDENT RACE R �D OFFSHORE, LLC 01' LLC I POBox, F�L 3,30 5 � 3W5,003M& w BETWEEN RACE WORLD OFFSHORE LLC. AND MONROE COUNTY THIS Agreement is made and entered into by and between Monroe County, Florida, i #KL6'T�)on this 20th day of September, 2023. Eyot RWO agrees to nroduce the Race World Offshore Key West Championships in the waters of Key West, Monroe County, Florida, from November 5-12, 2023. 2. RWO• responsibilities, a. RecogPize 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 Trophies. e. Include the Sponsor logo in all event announcements made in e-mail blasts, boating magazines, FaceBook, etc. 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. This Agreement is not assignable in whole or in part by any party hereto withoprior written consent of the other. 5. 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, signe,d by both parties, C Notices. Any notice required or permitted under this agreement shall be in writing and hand delivered, emailed or inaited, postage prepaid, to the other party by certified mail, relumel receipt requested to the following: For RWO: Lawrence C. Hicil Race World Offshore, LLC 1212 Duncan t Key West, Fl 33040 For Sponsor: Richard Strickland Executive Director of Airports 3491 South Roosevelt Blvd. Key West, FL 33040 M Pedro J. Mercado Asst. County Attorney I I I I 121h 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 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. 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 168�5-1686), 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- 6 107) 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 no�nd iscr'i m i nation 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; 9) Title Vill 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 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/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 invalid or unenforceable, the remaining provisions shall not be affected thereby; and ea provision of this agreement shall be valid and enforceable to the fullest extent permitted 12. Ethics Clause. RWO warrants that it has not employed, retained or otherwise had act on its behalf, a former County officer or employee in violation of Section 2 of Ordinance No. 10- 199::0 any County officer or employee in violation of Section 3 of Ordinance No. 10- 1990. F breach or violation of the provision the County may, at its discretion terminate th agreement without liability and may also, at its discretion, deduct from the agreement purchase price, or otherwise recover, the full amount of any fee, commission, percentag gift or consideration paid to the: former or present County officer or employee. 13. Public Entities Crimgs. 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. RM Race World OfFshors, LLC . . . .. . ............ resident . . . . . . . . . . .... �*--e .. ........... . . . . ', . ..... . ............. . ... . .............. Date: 0!-M/Aaa . . . .. .. .. .. .. . T Board of County Commissioners of Monroc Cou AND TWQAVITNESSES Print Name: Date: (2)' ewo- A2.7. 4 0 Print Name: "an I iiF M CD