FY2005 03/16/2005 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
April 4, 2005
TO:
Lynda Stuart, Office Manager
Tourist Development Council
ATTN:
Maxine Pacini
Administrative Assistant
FROM:
Pamela G. Han~
Deputy Clerk U
At the March 16, 2005, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
Agreement between Monroe County and Barley's Bay Festival, Inc. covering Barley's
Bay Music Festival on May 21, 2005 in an amount not to exceed $10,000, DAC V, FY 2005,
Third Penny Event Resources.
Amendment to Agreement between Monroe County and Smith Travel Research, Inc. to
amend scope of service to allow for an additional report, and increase compensation for additional
report.
Turn Key Events Agreement between Monroe County and Classic Sports Events, Inc.
covering the Holiday Isle Classic on November 27 through December 4,2005 in an amount not to
exceed $40,000, DAC IV, FY 2005 Event Funding.
Agreement between Monroe County and The Florida Keys History of Diving Museum,
Inc. for the History of Diving Museum - Phase IB in an amount not to exceed $116,021, DAC
IV, FY 2005, Third Penny Capital Project Resources.
Turn Key Events Agreement between Monroe County and Key West Tourist
Development Association covering Fantasy Fest on October 21-30, 2005 in an amount not to
exceed $95,000, DAC I, FY 2005 Event Resources and $5,000, DAC II, FY 2005 Event
Resources.
Destination Events Agreement between Monroe County and Upper Keys Youth Soccer,
Inc. covering the Upper Keys Youth Shootout on October 1-2, 2005 in an amount not to exceed
$5,000, DAC IV, FY 2005 Event Resources.
J Turn Key Events Agreement between Monroe County and Super Boat International
Productions, Inc. covering the Marathon Super Boat Grand Prix 2005 in an amount not to exceed
$71,000, DAC III, FY 2005 Third Penny Event Resources.
Amendment to Agreement between Monroe County and Florida Keys Fishing
Tournaments, Inc. to revise Exhibit A showing members of the Fishing Umbrella
Recommendation Committee.
Enclosed are two duplicate originals of each of the above-mentioned for your handling.
Should you have any questions please do not hesitate to contact this office.
cc: County Administrator w/o documents
County Attorney
Finance
File
Turn Kev Events Aareement
This AGREEMENT dated the J ft ~ay of ~2005, is entered into by and
between the BOARO OF COUNTY COMMISSIONERS FOR MONROE COUNTY, hereinafter
"County" or "BOCC," on behalf of the TOURIST OEVELOPMENT COUNCIL, hereinafter
"TDc" and Super Boat International Productions, Inc., hereinafter "Event Sponsor".
WHEREAS, Event Sponsor has proposed the presentation of a Turnkey Event as
described below; and
WHEREAS, the BOCC finds it in the best interest of the County to promote tourism by
entering into this agreement,
NOW, THEREFORE, and in consideration of the mutual covenants, contained herein
the parties agree as follows:
1. The BOCC agrees to pay from tourist development tax funds $71,000 (Seventy
One Thousand Oollars) for Marathon Super Boat Grand Prix 2005 provided Event Sponsor
meets all of its obligations under this agreement.
2. Scooe of Services: Event Sponsor agrees to provide the County with an event as
specified in the Scope of Services described in the funding application, including the
following:
a). A power boat racing event that guarantees thirty (30) boats of at least
twenty four (24) feet in length.
b). A TV show aired on a national television network that will broadcast to
fifty (50) million households and which will be aired within ninety (90)
days of completion of event.
c). A minimum of one (1) day of boat racing
3. Payment: Payment of the sum set forth in Section 1 above will be made upon
the completion of the event and upon the airing(s) of national and/or international television
when said promotion has been brought forward within the application as a component of
qualifying as a TurnKey Event and subsequently outlined within the scope of services within
the contract. Upon receipt from Event Sponsor of a proper invoice with documentation,
reviewed and verified by the Tourist Oevelopment Council (TDC) Administrative Office,
proving that event has been produced and promoted through print advertising, news releases,
and the required insurance was obtained no less than twenty days prior to the event, BOCC
shall pay pursuant to the Florida Prompt Payment Act.
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Monroe County's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the BOCC.
4. Accountino: Event Sponsor shall maintain all books, records, and
documents directly pertinent to performance under this Agreement in accordance with
generally accepted accounting principles consistently applied. Each party to this
Agreement or their authorized representatives shall have reasonable and timely access to
such records of each other party to this Agreement for publiC records purposes during the
term of the Agreement and for four years following the termination of this Agreement. If
an auditor employed by the County or Clerk determines that monies paid to Contractor
pursuant to this Agreement were spent for purposes not authorized by this Agreement,
the Event Sponsor shall repay the monies together with interest calculated pursuant to
Sec. 55.03, FS, running from the date the monies were paid to Event Sponsor.
5. Modification: Any changes to this contract may be made only by written mutual
agreement, recommended by the TDC and approved by the BOCC.
6. Termination: This Agreement will terminate on September 30, 2005, unless
earlier terminated pursuant to Section 7 below. All invoices must be submitted prior to
September 30, 2005.
7. Non Occurrence of Event: 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 Harmle$S: Event Sponsor agrees to indemnify and hold
harmless Monroe County Board of County Commi$Sioners 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 sponsored by Event Sponsor.
9. Insurance Reauirements: 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:
Work associated with the Event (including pre-staging of personnel and material) shall
not commence until satisfactory evidence of the required insurance has been furnished to the
County as specified below. Event Sponsor shall maintain the required insurance throughout
the entire duration of the Special 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:
Marathon Super Boat Grand Prix 2005
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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 BOCC prior to the Event. The Insurance
policy must state that the Monroe County BOCC and Monroe County TDC is the
Certificate Holder and additional Insured for this event. Insurance should be mailed to:
Monroe County Board of County Commissioners
C/O Risk Management
P.O. Box 1026
Key West, FL 33041
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's 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 will
be included as "Additional Insured" on all policies.
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 that 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:
* $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
Marathon Super Boat Grand Prix 2005
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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.
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.
10. Permits: Event Sponsor will secure all required permits, licenses including but
not limited to occupational licenses.
11. Law~ and Reaulations: Any and all services, materials and equipment shall
comply fully with all Local, State and Federal laws and regulations.
12. Taxes: The BOCC and TOC are exempt from Federal Excise and State of
Florida Sales Tax.
13. Finance Charces: The BOCC and TDC will not be responsible for any finance
charges.
14. Relation of BQCCITDC: It is the intent of the parties hereto that 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 BOCC and TDC,
and the BOCC and TOC 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. Disclos~re: Event Sponsor shall be required to list any or all potential conflicts or
interest, as defined by Florida Statute 112 and Monroe County Code. Event Sponsor shall
disclose to the BOCC 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 BOCC and TOC.
Marathon Super Boat Grand Prix 2005
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16. Assionment: 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 BOCC. The terms, covenants, conditions, and provisions of this
Agreement shall bind and inure to the benefit of the County and Event Sponsor and their
respective legal representatives, successors, and assigns.
17. Nondiscrimination: County and Event Sponsor 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. County and Event Sponsor 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 VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits
discrimination on the basis of race, color or 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 use $S. 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 patent
records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating
to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 use s. 1201 Note), as maybe amended from time to time, relating
to nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 13, Art. VI,
prohibiting discrimination on the bases of race, color, sex, religion, disability, national origin,
ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any
other nondiscrimination provisions in any Federal or state statutes which may apply to the
parties to, or the subject matter of, this Agreement.
18. Security Protection: Event Sponsor agrees to provide adequate security for the
event.
19. Ethics Clause: 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
Marathon Super Boat Grand Prix 2005
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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.
20. Loao: All promotional literature and display advertising with the exception of
generic advertising must display the "Florida Keys & Key West, Monroe County Tourist
Development Council Come As You Are" logo/trade mark (as per enclosed). This
logoltrade mark was adopted by the TDC and County in November 2000. Radio Advertising
should read "Brought to you by the Monroe County Tourist Oevelopment Council". No
reimbursement or direct payment will be considered unle$S this logoltrade mark is utilized.
21. Severabilitv: 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.
22. Authoritv: 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 agreement for the sponsors and c) this
agreement has been approved by the sponsor's Board of Oirectors.
23. Public Entitv 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".
24. Force Maieure: The Event Sponsor shall not be liable for delay in performance
or failure to produce the event in whole or in part-due to the occurrence of any contingency
beyond its control or the control, inCluding war or act of war whether an actual declaration
thereof is made or not, act of terrorism impacting travel in the United States, insurrection, riot
or civil commotion, act of public enemy, epidemic, quarantine restriction, storm, flood, drought
or other act of God, act of nature (including presence of endangered animal species which
cannot be timely removed in a safe manner or any act of any governmental authority which
prohibits the event to be produced, in full or in part, as described and for which the Event
Sponsor has exercised reasonable care in the prevention thereof. Any delay or failure due to
the causes stated shall not constitute a breach of the Agreement; however, the BOCC shall
Marathon Super Boat Grand Prix 2005
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have the right to determine if there will be any reduction to the amount of funds due to the
Event Sponsor after consideration of all relevant facts and circumstances surrounding the
delay in performance or failure to produce the event. Upon demand of TDC or BOCC, the
Event Sponsor must fumish evidence of the causes of such delay or failure. BOCC shall not
pay for any services or activities, promotional or otherwise, connected with an event produced
after the date( s) described in paragraph 1 and Scope of Services.
25. Governino 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 this Agreement, the County and Event Sponsor agree that
venue will lie in the appropriate court or before the appropriate administrative body in Monroe
County, Florida.
26. Severability. If any term, covenant, condition or provision of this Agreement (or
the application thereof to any circumstance or person> shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining terms,
covenants, conditions and provisions of this Agreement, shall not be affected thereby; and
each remaining term, covenant, condition and provision of this Agreement shall be valid and
shall be enforceable to the fullest extent permitted by law unless the enforcement of the
remaining terms, covenants, conditions and provisions of this Agreement would prevent the
accomplishment of the original intent of this Agreement. The County and Event Sponsor
agree to reform the Agreement to replace any stricken provision with a valid provision that
comes as close as possible to the intent of the stricken provision.
27. Claims for Feqeral or State Aid. Event Sponsor and County agree that each
shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further
the purpose of this Agreement; provided that all applications, requests, grant proposals, and
funding solicitations shall be approved by each party prior to submission.
28. Adiudication of DisDutes or Oisaoreements. County and Event Sponsor agree
that all disputes and disagreements shall be attempted to be resolved by meet and confer
sessions between representatives of each of the parties. If no resolution can be agreed upon
within 30 days after the first meet and confer session, the issue or issues shall be discussed
at a public meeting of the Board of County Commissioners. If the issue or issues are still not
resolved to the satisfaction of the parties, then any party shall have the right to seek such
relief or remedy as may be provided by this Agreement or by Florida law.
29. No Solicitation/Payment. The County and Event Sponsor warrant that, in respect
to itself, it has neither employed nor retained any company or person, other than a bona fide
employee working solely for it, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual, or firm, other than a bona fide
Marathon Super Boat Grand Prix 2005
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employee working solely for it, any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. For the breach or
violation of the provision, the agrees that the County shall have the right to terminate this
Agreement without liability and, at its discretion, to offset from monies owed, or otherwise
recover, the full amount of such fee, commi$Sion, percentage, gift, or consideration.
30. Public Access. The County and Event Sponsor shall allow and permit
reasonable access to, and inspection of, all documents, papers, letters Of other materials in its
possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and
made or received by the County and Event Sponsor in conjunction with this Agreement; and
the County shall have the right to unilaterally cancel this Agreement upon violation of this
provision by Event Sponsor.
31. Privileoes and Immunities: All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or employees
of any public agents or employees of the County, when performing their respective functions
under this Agreement within the territorial limits of the County shall apply to the same degree
and extent to the performance of such functions and duties of such officers, agents,
volunteers, or employees outside the territorial limits of the County.
32. Leoal Oblioations and Resoonsibilities: Non-Delegation of Constitutional or
Statutory Outies. This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law except
to the extent of actual and timely performance thereof by any participating entity, in which
case the performance may be offered in satisfaction of the obligation or responsibility.
Further, this Agfeement is not intended to, nor shall it be construed as, authorizing the
delegation of the constitutional or statutory duties of the County, except to the extent permitted
by the Florida constitution, state statute, and case law.
33. Non-Waiver of Imfl1unitv: Notwithstanding he provisions of Sec. 286.28, Florida
Statutes, the participation of the County and the Event Sponsor 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.
34. Non-Reliance bv Non-Parties: No person or entity shall be entitled to rely upon
the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party
claim or entitlement to or benefit of any service or program contemplated hereunder, and the
County and the Event Sponsor agree that neither the County nor the Event Sponsor or any
agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise
indicate that any particular individual or group of individuals, entity or entities, have
Marathon Super Boat Grand Prix 2005
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entitlements or benefits under this Agreement separate and apart, inferior to, or superior to
the community in general or for the purposes contemplated in this Agreement.
35. AttorneY's Fees and Costs: The County and Event Sponsor agree that in the
event any cause of action or administrative proceeding is initiated or defended by any party
relative to the enforcement or interpretation of this Agreement, the prevailing party shall be
entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses,
as an award against the non-prevailing party, and shall include attorney's fees, courts costs,
investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings
initiated and conducted pursuant to this Agreement shall be in accordance with the Florida
Rules of Civil Procedure and usual and customary procedures required by the circuit court of
Monroe County.
36. Section Headinos: Section headings have been inserted in this Agreement as a
matter of convenience of reference only, and it is agreed that such section headings are not a
part of this Agreement and will not be used in the interpretation of any provision of this
Agreement.
37. Entire Aor~ent: The parties agree that the Agreement above constitutes the
entire agreement between the BOCC and Event Sponsor.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and
year first above written.
,.,.-;(..!{'fU"'" Crystal R. Bravo
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Super Boat International Productions, Inc.
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Attest: DANNY L. KOLHAGE, Clerk
BYCL~
Deputy Clerk
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