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Item I3 I3 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting August 21, 2024 Agenda Item Number: I3 2023-2812 BULK ITEM: Yes DEPARTMENT: Airports TIME APPROXIMATE: STAFF CONTACT: Katie Atkins n/a AGENDA ITEM WORDING: Approval of a resolution and sponsorship agreement with Race World Offshore, LLC for the Key West International Airport to sponsor the Key West Offshore World Championship powerboat races from November 3-10, 2024, in accordance with Resolution 123-2021. ITEM BACKGROUND: The Airport wishes to promote goodwill toward the County and the Airport and sponsor Race World Offshore for the Key West Offshore World Championship Powerboat Races in Key West being held November 3-10, 2024. Per the attached documents, the Airport's logo and sponsorships will reach at least 1,000,000 views via email blasts, boating magazines, Facebook, etc. Additionally, live stream of the races is seen around the world on each of the three days of racing, and approximately 25,000 fans from around the world will attend the week-long event in Key West. PREVIOUS RELEVANT BOCC ACTION: Approval of Airport promotional sponsorship agreement with Race World Offshore on September 20, 2023. Approval of Airport promotional sponsorship Resolution No. 283-2023. Approval of Airport promotional sponsorship agreement with Race World Offshore on August 17, 2022. Approval of Airport promotional sponsorship Resolution No. 240-2022. Approval of Airport promotional sponsorship agreement with Race World Offshore on October 20, 2021. Approval of Airport promotional sponsorship Resolution No. 123-2021 on March 17, 2021. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: 1618 n/a STAFF RECOMMENDATION: Bulk Approval DOCUMENTATION: 2024 Sponsorship Letter and Signed Agreement.pdf Resolution—123-2021.pdf Resolution 283-2023.pdf 2024 Race World Offshore Sponsorship Resolution.pdf FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: $10,000.00 Total Cost to County: $-0- Current Year Portion: -0- Budgeted: Yes Source of Funds: Airport Operating Fund 404 CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: N/A If yes, amount: N/A Grant: County Match: Insurance Required: No Additional Details: 1619 ROW WOM Of, M '. ,p f RACE WORLD OFFSHORE IS PRODUCING THE RACE WORLD OFFSHORE KEY WEST CHAMPIONSHIPS.THIS IS AN EXCITING ANNUAL EVENT THAT BRINGS THE WORLDS TOP OFFSHORE BOAT'RACERS.TO KEY WEST. LIVE STREAM OF THE RACE IS SEED 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 RAKE SITE, AND SELECT TROPHIES. FANS FROM AROUND THE WORLD'TRAVEL TO KEY WEST FOR THE THRILL AND EXCITEMENT OF THE WEEK-LONG EVENT FROM NO'VEMBER 3-10,2024. WE ANTICIPATE APPROXIMATELY 25,000 PEOPLE WILL ATTEND THIS EPIC EVENT. THE ECONOMIC IMPACT FOR THIS ONE-WEEK EVENT WILL BE TRULY THE LARGEST OF ANY EVENT IN MONROE COUNTY. ° August 2, 2024 LARRY BLIEL PRESIDENT RACE WORLD OFFSHORE, LLC mewc0doffohlaramn 1620 COMMERCIAL SPONSORSHIP AGREEMENT BETWEEN RACE WORLD OFFSHORE LLC. AND MONROE COUNTY TVIIS 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,LI,C.(RWO)on this zest day Of August,2024. 1. Event. RWO au to ioroduce the Race World Offshore Key West Championships in the waters of Key West,Monroe Count'v,Florida,from November 3-10,24124 2. RWQ 1psyqnsJEi_fiL&_s. a. Recognize Key West International Airport (Sponsor) as a Supporting Sponsor ($10,004 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. 3, 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, AD'ipment. This Agreement is not assignable in whole Or in pail by any party hereto without prior written consent of the other, 5. Entire Aareement, This Agreement contains the entire understanding between the parties and supersedes any and all prior agreements, arrangements,communications,or repmsentations,whether oral or written, concerning the same subject matter, This Agreement may not be amended, altered,modified or changed eKeept in writing, signed by both parties. 6. Ngoj ices. any notice required or permitted, under this agreement shall be in, writing and hand delivered,cmailed or mailed,postage prepaid,to the other party by certified mail,returned receipt requested to the following: For RWO: Lawrence C, Bled Race World Offshore,LLC 1212 Duncan St 1621 Key West,FI 33040 For Sponsor: Richard Strickland Executive Director of Airports 3491 South Roosevelt Blvd. Key West, 171,33040 And Pedro J. Mercado Asst.County Attorney III I 12th St,Suite 408 Key West, Fl,33040 7,Ind ymnification 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 lasses,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.Nondiscrimination. The parties 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 or the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, us applicable,relating to nondiscrimination. These include but are not limited to: 1) Title V11 of the Civil Rights Act of 1964 (Ply 88-352), which prohibit discrimination in employment on the basis of race, color, religion,sex,and national origin;2)'fitle IX of the Education Amendment of 1972,as amended (20 USC §§ 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 § 794), which prohibits discrimination on the basis of disability; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and 'I"reatment Act of 1972 (PL 92-255), us amended, relating to nondiscrimination on the basis of drug abuse; 1622 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,§§523 and 527(42 USC§§690dd-3 and 290ee-3),as amended, relating to confidentiality of alcohol and drug abuse patient records;8)Title Vill of the Civil Rights Act of 1968(42 USC§§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 CSC§§12101 Note),as amended,from time to time,refuting to nondiscrimination on the basis or disability; 10)Monroe County Code Chapter 14, Article It,which prohibits discrimination on the lins,is of race,color,sex,religion,disability,national origin,ancestry,sexual orientation,gender identity or expression,familial status or age;and 11)All requirements imposed by or pursuant to Title 49,Code of Federal Regulations,Department of Transportation,Subtitle A,Office of the Secretary,Part 21,Nondiscrimination in Federally-assisted programs of flie Department of title V1 of the Civil Rights Act of 1964, and as said Regulations may be amended;and 12),Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to,or the subject matter of,this Agreement. 10. Qoy ming LpwNpnue.,. 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 are 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, I I.LeyoLbLrLty, If any provision of th,is 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, 10-19,90 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 otherwisc recover, the full amount of any fee,commission, percentage,, gift or consideration paid to the former or present County officer or employee, 13. Public Entiligs crima, 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 subin it 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. 1623 IN WITNESS WHEIREOF, the parties hereto have executed this agreement the day and year,fig" ;t above written. (SEAL) Board of County Commissioners Attest: Kevin Mad,ok,Clerk of Monroe County As Deputy Clerk Mayor/Chairman N�IWO VY'IT4E$! Raice Wortd OffShoro, LLC A ......... Dall Ptird NaMS A dy Name* D! te-, 4PQ='6x ----------- �/ �NAOE COO AOVE: T FOAMI Ar r PED ASGI iP�NOUMNErRYGAVIffir-N 8/1/24 1624 RESOLUTION NO. 123 —2021 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA DELEGATING AUTHORITY TO THE DIRECTOR OF AIRPORTS AND APPROVING THE USE OF KEY WEST INTERNATIONAL AIRPORT ENTERPRISE REVENUE FUNDS TO BE USED FOR PROMOTIONAL SPONSORSHIPS. WHEREAS, Florida Statute 331.20 grants to the Board of County Commissioners the right,power,and authority to publicize, advertise,and promote the activities of its airport in order to make known the advantages, facilities, resources, products, attractions, and attributes of its airport; and WHEREAS, the Department of Transportation, Federal Aviation Administration has promulgated the Policies and Procedures Concerning the Use of Airport Revenue in the Federal Register at 64 Fed. Reg. 7696, February 16, 1999, and WHEREAS, the Policies and Procedures Concerning the Use of Airport Revenues lists the permitted uses of airport revenue and includes, among other things, the full costs of activities - -&,ected towards promoting public and industry awareness of airport facilities and services; and WHEREAS, Key West International Airport has sponsored community organizations and community events from Key West High School to the Naval Air Station Key West Air Show to the Wounded Warrior Ride; and WHEREAS,community involvement and community outreach through paid sponsorships of community organizations help effectuate the purposes of F.S. 331.20 and promotes and engenders goodwill toward the airport and the county; and WHEREAS, the board desires to set forth a policy permitting the use of airport enterprise revenue funds to support community promotional sponsorships; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. The Monroe County BOCC (The Board) desires to establish a positive relationship with the community and Key West International Airport. Section 2. The Board finds that promotional sponsorships which raise the goodwill toward the county by making known the advantages, facilities, resources, products, attractions, 1 1625 and attributes of the Key West International Airport and/or the Florida Keys Marathon International Airport serve a public purpose. Section 3. In furtherance of this resolution, the Board incorporates the rationale set forth in the memo attached as Exhibit A as if fully set forth herein. Section 2. The Board hereby delegates to the Director of Airports the authority to publicize, advertise, and promote the activities of its airports; to make known the advantages, facilities,resources,products, attractions, and attributes of its airport;to create a favorable climate of opinion concerning its airport and to cooperate with other agencies, public and private, to accomplish these purposes. Section 4. Expenditure thresholds shall be based on the level of anticipated community outreach(community exposure). "Community exposure" shall be defined as the total number of individuals the outreach activity is estimated to reach. The Board hereby authorizes sponsorship expenditures to publicize, advertise, and promote the activities of its airport in the following amounts: Rate of Community Maximum Director Expense Exposure Up to 5,000 people $5,000.00 5,001 to 10,000 people $10,000.00 Greater than 10,000 $19,999.99 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 March, 2021. 3 . w Mayor Michelle Coldiron Yes w in Mayor Pro Tern David Rice �(es Commissioner Craig Cates _ Commissioner Eddie Martinez Yew _ w �s Commissioner Mike Forster Yes w "' r=- r '# L BOARD OF COUNTY COMMISSIONERS IN MADOK, Clerk OF MONRO Byq By As Deputy Cleric Mayor Michelle Coldiron NRQ FAB EY2 P AS NTY ATTORNEY DM4 3/2/21 1626 EXHIBIT A Ivey West International Airport. 3441 South Roosevelt Boulevard Key West,Florida 33040 AIRPORT MEMO From: Erick D'Leon,Asst. Director of Airports To: Richard Strickland; Beth Leto Date: October 30, 2020 Re: Airport Promotion and Community Relations Introduction The Key West International Airport is a substantial component of the Key West community and offers the island's most significant economic engine with a combined annual economic output totaling$856 million.As the Airport continues to exhibit rapid growth trends in every aspect of its operation, it is imperative for the Airport to maintain a positive relationship within its small island community.This is accomplished by strategic community outreach efforts to ensure that all citizens are aware of the Airport and express a favorable opinion of the Airport's successful future.Although generally intangible, maintaining a community relationship that promotes a positive airport outlook ensures that the Airport can continue to prosper efficiently and effectively within the physical and sociological limitations of operating on an island. Background The Federal Aviation Administration(FAA)deems that public use airport's expenditure of funds for the promotion of an airport and marketing of airport services are legitimate costs of an airport's operation. Additionally,the FAA entrusts airport management to assure that the level of expenditures for such —purpnses be reasonable in relation to the airport's specific financial situation. Airport funds may be used to support community activities,or community organizations, if the expenditures are directly and substantially related to the operation of the airport. In addition,the policy provides explicitly that where the amount of the Contribution is minimal,the airport operator may consider the"directly and substantially related to air transportation"standard to be met if the contribution has the intangible benefit of enhancing the airport's acceptance in local communities impacted by the airport. 1627 As a point of reference,the Key West international Airport,like many other commercial airports, through a combination of Federal,State,and Airport generated funds,maintains a federally mandated Noise Insulation Program (NIP)for eligible family residences.The NIP has expended substantial funding to lessen the impact,and associated burden,of aircraft noise to single family homes and multi-family condominium facilities in Key West by way of noise insulation efforts.The multi-year program creates a cohesive environment in which the Airport and its numerous operations are an accepted part of the community's daily function. Community Relations Recently the Airport announced plans to pursue a major capital improvement plan combining millions of dollars in development to completely overhaul the manner in which the Airport operates.The improvements,developed to meet air service demand, include a new terminal concourse and significant roadway improvements to streamline and improve the passenger experience. However,as the Airport continues to make significant strides in air service development,which supports the community's tourism based economy,the island of Key West is home to only twenty five thousand permanent residents. In a small town community,such as Key West,the importance of a grass roots effort to establish a positive community relationship cannot be overstated.That relationship is fostered through strategic efforts that focus on hosting community events, public outreach presentations,key marketing efforts,and the encouragement of constant feedback from the community through ad-hoc committees and other public forums. The Airport has historically selected the neighboring Key West High School Athletics Department as a recipient of an annual sponsorship.The sponsorship offers tangible and intangible benefits to the operation of the Airport.While the relationship benefits are intangible,the tangible benefits of hometown marketing are of incredible value to the Airport and a critical focus to all promotional marketing efforts. The local community is vital to the future success of the airport. Utilizing simple marketing efforts such as banner advertisements and other key signage, local event programs and print media,and radio advertisements are all part of a larger effort to continually keep the local community involved with the Airport.Therefore,the participation with local groups such as the Key West High School Athletics Dept., a local non-profit youth athletics dance association,or a wounded warriors ride,the effort ensures the Airport maintains a positive position within the growth and daily life of the community that supports the Airport's operation. State and Federal Guidance As-prevrausly stated,the FAA offers clear guidance on haw revenues used for promotional/marketing efforts,and revenues used for donations to charitable/community service organizations are classified as permitted uses.The guidance can be found in Federal Register/Vol.64,Pgs. 7696-7723,Polity and Procedures Concerning the Use of Airport Revenue. Additionally. Florida Statute 331.20 empowers the BDCC to expend funds to publicize and promote the airport and its related facilities, and to create a favorable climate of opinion in the interest of promoting and engendering goodwill toward its airport. 1628 Policy Request We request to clarify that promotional,marketing,and community outreach efforts in addition to charitable donations are,as defined by existing state and federal guidelines, part of the Airport's normal operating expenses. Included in those expenses,the Airport will focus on the following categories to pursue effective community relations: Membership: industry, Economic Development, &Other Associations Partnership: Education, Military,&Other Agencies Sponsorship: Youth Development,Tourism,Economic Development,Government Relations, Community,Leadership, Diversity& Inclusion As with all other operational expenses,as these expenses are defined by the FAA,the Airport Director will be provided with the same liberties that are afforded with tither aspects of the daily duties associated with the operation of the Airports. However,due to the nature of procurement for event specific memberships, partnerships,or sponsorships,as they may occur, it is not feasible to adhere to standard County procurement policies for multiple price quotes. In these cases,the Airport Director will adhere to the Monroe County Purchasing Policy guidelines for purchasing authority with relation to the purchasing levels for total dollar amount requested. Additionally, as defined by the FAA, airport management will assure to the BOCC that the total amount of expenditures for such purposes would be reasonable in relation to the airport's specific financial situation.The specific level of director approved expenditures will be based on the level of exposure the expense will provide. For example, if the expenditure will offer a small amount of exposure, up to five thousand people,for the airport,the expense will be limited to five thousand dollars. If the expense will offer a medium amount of exposure,five thousand to ten thousand people,the expense will be limited to ten thousand dollars. If the expense is expected to offer the Airport a significant amount of exposure, greater than ten thousand people,such as with major events, partnerships,or marketing campaigns for air service,the expense will be limited to nineteen thousand nine hundred ninety nine dollars and ninety nine cents;see below chart. Rate of Exposure Maximum Director Expense UP to 5,000 people $5,000.00 5,000 to 10,000 people $10,000.00 Greater than 10,000 $19,999.99 Additionally,significant exposure expenses over the Director's procurement authority will abide by the policies and procedures already outlined within the County's purchasing policy,with regard to County Manager approval and/or BOCC approval. 1629 RESOLUTION 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 1630 Tourist Development Concil's event sponsorship so that the Airport can enjoy the benefits of publicity enjoyed by eventsponsors; 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. 766, February 1 , 1999 Concerning the Use of Airport Revenue. NOW, THEREFORE, BE IT RESOLVEDCOUNTY COMMISSIONERS OF MONROE COUNTY, Section 1. The Board hereby approves the Director of Airports request to sponsor the 2nd Annual World Championship oat 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, 00 from the Airport Operating Account made payable to RWO Offshore, LLC PASSED AND ACCEPTED byte Board of County Commissioners of Monroe County, Florida, at a meetingof said Board held on the 20th day of September 2023. Mayor iAla— Mayor Pro Tem Holly - Merrillrn Commissioner is i -,-y Commissioner Jamesc Yes `- 1-6 '� � Commissioner David Rice Yes —,C- ry CD BOARD OF COUNTY COMMISSIONERS a st: IN MADOK, Clerk 0 F M70NROE CO NTY, F1., B __- _ w .____.........� Y --------------- s Deputy Clerk Mayor ` aig ...� c. NROE COUNTY ATTOnNEY WN FORM /17/23 1631 Race World oev, LLC e 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. DATE: I - LARRY BLIEL PRESIDENT RACE R D OFFSHORE, LLC Rmm World 01' LLC IPO B 3,3045 00.?,W 1632 COMMERCIAL,SPONSORSHIP AGREEMENT BETWEEN RACE WORLD OFFSHORE EEC. AND MO OE 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 20th flay of September,2023. 1. Event. 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 res onsibilities. a. Recognize Key West International Airport (Sponsor) s a. Supporting Sponsor 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.. 3. Inde endent 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. 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,signed by both parties. 6. Notices. Any notice required or permitted under this agreement shall be in writing and hand delivered.,emaited or waited,postage prepaid,to the other party by certified mail,returned receipt requested to the following; For RWO: 'Lawrence C. Bled Race World Offshore,LLC 1212 H�uncan St 1633 Key West, Fl 33040 For Sponsor: Richard Strickland Executive Director of Airports 3491 South Roosevelt Blvd. Key West,FL 33040 And 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. & 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, 1634 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 "Ill 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. Governine 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. Severabilitv. 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. 1635 I W"ESS WHEREOF, the parties hereto have executed this agreement the day and ✓ :,, 1 ve written. 1Board of County Commissioners Madok,Clerk of ca, l ou m As Deputy Clerk Ma MORNEY Mw- J- Race ArTOFOW World ,LLC AND TWQAVITNESSES •••••. resident , ,,,,,,,,•••• mmtlLg Print I*Me Date: Print ,•• �l ••.. 'CE. i X c r-I r*� CD 4 t t.0 1636 RESOLUTION NO. -2024 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, APPROVING THE EXECUTIVE DIRECTOR OF AIRPORTS REQUEST TO SPONSOR THE 43RD ANNUAL WORLD CHAMPIONSHIP BOAT RACES. WHEREAS, on March 17, 21021 the Board of County C'rammnmm.ssiomners d) utianimously passed resolution 123-202:1 delegating authority to, the Director of Airports aumnd. approving the use of Key West International Airport Enterprise Funds for pronnotiornal spornsorshi s;w and WHEREAS„ Race,, World Oi shore, LLC will be producing the 42nmd Annual World Championship Boat Races which will lae hosted imn Key,West;, and WHEREAS, Mr. Larry Bled, President mid O inner of Race, World Offshore, LLC" has contacted d the Director of Airports regarding spomnsorslu of the 43rd Annu al World Boat Races- and WHEREAS„the Key West Irnterrnamtioru l Airport and its logo will lne idemntified as sal sponsor on all printed matelni,als, banners, and press releases and will be promoted during the 3-day live, streannn of the raacmg,, and WHEREAS, appromnlately 25,000 people are expected to attend the live event, and VMEREA „ andvertiismn through a-mail blasts,, boating nnna a nue , F'aueeboo m, etc._, i expected to reach am further 1„000, 011lxews; mid VMEREA , the Board fiends that this sponsorship complies, with tine reqanirenunernts of' resolution 123-2021 bly pnmulnli.e mi g, advertising, and promoting the airport and will m e kmovai nts 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 spomormship serves a public purpose I- as id VMEREAS, the Board fiends that this event spomnsorslmip serves purposes sirmnilaar those served by th+e'T"ouurist Development Cou<uooil's sponsorship of the event in 201 1 0,000 , 2020. 7 ,000)., and 2021 (proposed$12 w,000, see item F23 on the October 20, 2021agenda),.- and t� supplemental to the theBoardfinds�;s that��t the, o� sponsorship � a su� 1637 To grist Development Council's event sponson-hi�p so that the Airport can enjoy the benefits of publicity enjoyed by event sponsors,- and WHEREAS,the Board finds that this expeliditure is a lawfid use of airport founds pursuant to the Policies and Procedwes,proinLilgated by the Department of Traiisportation,Federal A-viation, Adniinistration U' l the Federal Register at 64 Fed. Reg. 7 , Febrtkuy 16�, 1999 Concern mg the Use of Airport Revenue. NOW, TEEREFORE, BE IT RESOLVED BY THE OARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. The Board hereby approves, the Director of Airports,request to sponsor the 42od Annual World Championship Boat races produced by Race World Offshore, LIE. Uil the arm imt of$10,000. Secticni 2. The Board finds that this expenditure of aniport ftuids serves a valid public ptupose suppleniental to the public ptupose served by the expendittue, of Tounist Development 'Tax dollars for the saine event. PASSED AND ACCEPTED by the Board of Colmtv Collurnissloners of Monroe County, Florida, at a ineeting of said Board held on the 21 st day of August, 2024. Mayor Holly Merrill Raschein Mayor Pro Tem James K. Scholl Commissioner Michelle Lincoln Commissioner David Rice Commissioner Craig Cates (SEAL) BOARD OF COUNTY CONU�IISSIONERS Attest: KEVIN MADOK, Clerk OF MO ROE COUNTY, FL Hy By — Deputy Clerk Mayor Holly Merrill Raschein '�NROE COUNTY ATTOnNEY 130VE 4 FOFOA PE CAIDG�--� '0 0�'UU NMTY AT M R N E Y Dat 8/6/24 1638