HomeMy WebLinkAboutReso 2009-1372RESOLUTION NO. 2009 -
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT
WITH OFFSHORE EVENTS, LLC, FOR OFF -SHORE POWERBOAT
RACES IN SUNNY ISLES BEACH SCHEDULED JUNE 12-14,2009,
IN AN AMOUNT NOT TO EXCEED FORTY THOUSAND DOLLARS
($40,000.00), ATTACHED HERETO AS EXHIBIT "A ";
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT;
AUTHORIZING THE CITY ATTORNEY AND CITY MANAGER TO
DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF
THE AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach desires to present off -shore powerboat races from
Friday, June 12, 2009 through Sunday, June 14, 2009 to coincide with the City's 12th Anniversary
Celebration; and
WHEREAS, Offshore Events, LLC produces and promotes the sport of Offshore Powerboat
Racing and the individuals, firms corporations and other business entities who participate therein and
is an organization formed for the purposes of the promotion, development, organization and
operation of powerboat racing events under the name of Offshore Events, LLC; and
WHEREAS, Offshore Events, LLC and the City are desirous of entering into a mutually
beneficial agreement whereby Offshore Events shall produce an offshore race event of no less than 3
days of activities including one day of sanctioned offshore powerboat races; and
WHEREAS, the City wishes to enter into an agreement with Offshore Events LLC for off-
shore powerboat races in the City from Friday, June 12, 2009 through Sunday, June 14, 2009, in an
amount not to exceed Forty Thousand Dollars ($40,000.00), attached hereto as Exhibit "A ".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Agreement. The agreement with Offshore Events LLC for Off -Shore
powerboat races in the City from Friday, June 12, 2009 through Sunday, June 14, 2009, in an amount
not to exceed Forty Thousand Dollars ($40,000.00), attached hereto as Exhibit "A ", be, and the
same, is hereby approved.
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement.
Section 3. Authorization of City Attorney and City Manager. The City Attorney and City
Manager are hereby authorized to do all things necessary to effectuate the terms of this Agreement.
Section 4. Effective Date. This Resolution will become effective upon adoption.
82009- Offshore Events LLC Agmt Page 1 of 2
PASSED AND ADOPTED this 15th day of January 2009.
r -
ATTEST:•
Jane A. Hines, CMC, City Clerk
:;tip
APPROVED AS TO FORM
Vote: 5-0
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Scholl
✓(Yes)
_IL(Yes)
t4Yes)
✓(Yes)
✓(Yes)
S. Edelcup,
82009- Offshore Events LLC Agmt Page 2 of 2
(No)
_(No)
(No)
(No)
(No)
SUNNY \SF
CITY OF SUNNY ISLES BEACH
AND OFFSHORE EVENTS POWERBOAT RACING
: _off-- .fiORO
F
AGREEMENT CONTRACT NO: C0809 -034
THIS AGREEMENT (Agreement) is entered into this i 5 -a day of
c�AA uA -C—q , 2009, by and between the City of Sunny Isles Beach, a municipal
corporation of the state of Florida ( "the City ") and Offshore Events, LLC, ( "Offshore Events ") a
corporation operating and existing under the laws of the State of Florida.
RECITALS
WHEREAS, Offshore Events has as its purpose servicing and promoting the sport of
Offshore Powerboat Racing and the individuals, firms, corporations and other business entities
who participate therein and is an organization formed for the purposes of the promotion,
development, organization and operation of powerboat racing events under the name of Offshore
Events; and
WHEREAS, Offshore Events and the City are desirous of entering into a mutually
beneficial agreement whereby Offshore Events shall produce an offshore powerboat race event.
NOW THEREFORE, in consideration of the mutual covenants contained herein the
parties agree as follows:
1. Payment: The City agrees to pay to Offshore Events an amount not to exceed
$40,000 (Forty Thousand Dollars) for the powerboat race scheduled for Friday, June 12, 2009,
through Sunday, June 14, 2009 (hereinafter referred to as "Race" or "Event ").
(a) City's Responsibilities: The City's responsibilities for this Agreement shall be
limited to an amount not to exceed $40,000 (Forty Thousand Dollars).
All City costs associated with police, safety, rescue and all other City services, including
regular pay, overtime pay, etc. shall be provided in kind by the City. The City's Public Works
Department will provide assistance for areas within the City of Sunny Isles Beach and minimal
assistance in setting up the Racer's Village.
In addition to the $40,000 costs referenced above, the City shall provide the following
fees and /or costs: (1) Non -paid advertising for press releases and local advertising; (2) space at
event sites by the City, provided said areas may be located in the City; and (3) Facilities, Race
Areas, Registration and Meeting Rooms (if the space is available in City owned and operated
facilities and upon request from Offshore Events).
The City will provide in -kind advertising through the City's website, newspaper, and its
local cable access channel, as well as through press releases to other news media outlets. The
C0809 -034 OFFSHORE EVENTS Powerboat Racing Agreement
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
City will also provide advertising through the City's e -mail "eSIBI" program and the City's
"SIBRA" website.
The City will make a good faith effort to obtain additional sponsor recruitment for the
Race. However, under no circumstances will the City be financially responsible for any inability
to secure such additional sponsor recruitment.
The City will assist Offshore Events, if necessary, to obtain permits from Miami -Dade
County or other governmental agencies.
The City will provide Offshore Events with the use of meetings rooms for the
driver's /racer's meetings on an as needed basis.
The City will provide Offshore Events with the use of the City's available generators.
However, Offshore Events will be responsible for any associated fuel costs during such use.
The City will assist Offshore Events with pre -event tickets sales through the City's
Cultural and Human Services Division.
The City will make a good faith effort to obtain additional vendor recruitment for the
Race. However, under no circumstances will the City be financially responsible for any inability
to secure such additional vendor recruitment.
(b) Offshore Event's Responsibilities: Offshore Events shall be responsible for the
following fees and /or costs:
(1) Registration and sanction fees;
(2) Coast Guard permits and other necessary governmental permits and /or approvals;
(3) paid advertising for print media, television and radio broadcasts;
(4) obtaining any approval for on site properties located in Miami -Dade County;
(5) Security to protect the areas that included the Racers Village or Dry Pits, Wet Pits or
Launching Area;
(6) Insurance Requirements;
(7) Race Course set up;
(8) Medical and Safety Teams;
(9) Race Officials;
(10) Links on its website to include the City's website, and one revolving banner thirty
(30) days before the event and thirty days afterwards for promotional purposes;
(11) Offshore Event's Race Coordinator;
(12) Wrist Bands, weekend passes and /or credentials for the Race;
(13) All activities listed on the Schedule of Events, attached hereto as Exhibit "A ". The
Schedule of Events shall include a nationally sanctioned offshore powerboat race off the coast of
Sunny Isles Beach on Sunday, June 14, 2009. Offshore Events shall provide, or shall make the
necessary arrangements, for all technical inspections, chief referee, scorers, and other personnel
deemed necessary for the operation of a nationally sanctioned powerboat race;
C0809 -034 OFFSHORE EVENTS Powerboat Racing Agreement 2
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
(14) All medical and safety teams, as well as all necessary medical, patrol, turn, tow, pace
and course set boats and drivers and volunteers or staff at a level deemed sufficient by the City;
(15) All equipment, supplies, and personnel to produce the race events including but not
limited to, the helicopters, cranes, transport vehicles, boats, docks, fencing, tents, coolers, signs,
banners, flags, buoys, registration computers /printers, lights, portable restrooms, security, ticket
sales, media relations, and race coordination;
(16) Advertising and promotion of race events as first approved by the City;
(17) Police and fire as deemed necessary by the City or Miami -Dade County, that is not
provided in -kind by the City (e.g. Coast Guard, Marine Patrol, Miami -Dade Fire, etc.);
(18) Prize money, trophies and all other associated fees and costs; and
(19) Prominent sponsor area in the Racer's Village for City promotional products.
2. Term. This Agreement is for the Race scheduled for Friday, June 12, 2009,
through Sunday, June 14, 2009, and shall terminate at the end of said Race. The Race shall be
scheduled to include the following: One (1) memorial race to Bimini and back on Friday, June
12, 2009. One (1) day of scheduled testing /qualifying /racing on Saturday, June 13, 2009. One
(1) day of nationally sanctioned offshore powerboat racing along the shores of the City limits on
Sunday, June 14, 2009, with a minimum of three (3) and no more than six (6) racing events. The
times for both dates shall be from 9:00 a.m. to 5:00 p.m. or as otherwise agreed to in writing by
the parties. The number of races and category composition of the races may be modified
depending on the number of boats registered to race in each category, the construction of the race
course and in the interest of the safety of the offshore racers. The Chief Referee will be
responsible for the determination of the number of races and category composition or as
otherwise required by applicable Federal, State or local laws or the laws of the State of Florida
and /or licenses, permits and approvals to conduct the Race.
3. Payment Schedule. The City shall pay the above referenced fees as follows:
(a) the City will pay Offshore Events LLC up to $20,000.00 anytime after execution
of this Agreement and before April 15, 2009, upon presentation of invoices to the City.
(b) the City will pay Offshore Events LLC up to an additional $10,000.00 anytime
after April 15, 2009, and May 15, 2009, upon presentation of invoices to the City and provided
that all permits have been secured, verification of adequate safety personnel, insurance
requirements are met and confirmation of financial ability to produce the race event as described
above in Section 3.
(c) the City will pay Offshore Events LLC a final payment of $10,000.00 at the
completion of race event but not later than 5 days following the race event, upon presentation of
invoices to the City. This final payment may be reduced in the event the City finds it necessary
to direct pay any cost to support the event to insure its success as mutually agreed to with
Offshore Events.
C0809 -034 OFFSHORE EVENTS Powerboat Racing Agreement ' . 3
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
4. Coast Guard Permits and Other Necessary Governmental Permits and /or Approvals.
Offshore Events shall (a) make prompt application to the Coast Guard and any other necessary
governmental agencies, including but not limited to Marine Patrol, Miami -Dade County, etc. to
obtain permits and other approvals required for racing on Friday, June 12, 2009, through
Sunday, June 14, 2009 from 9:00 a.m. to 5:00 p.m. on all dates, or as otherwise agreed to in
writing by Offshore Events, (b) furnish accurate and complete information regarding the Race,
as required, (c) pursue such application(s) with diligence, (d) cooperate in good faith with the
Coast Guard and any other necessary governmental agencies to obtain such permits and
approval(s).
Offshore Events hereby agrees to cooperate with City and comply with all
requirements of the Coast Guard and any other governmental agencies for such permits and /or
approval(s) and shall furnish the City with a copy of said applications and a copy of said
permits and /or approvals promptly after receipt thereof. Offshore Events shall provide the
Coast Guard or any government agency with any documents, information and any other relevant
requirements including but not limited to its safety plan and race course information. In
addition, Offshore Events shall attend and /or conduct preliminary meetings with the Coast
Guard and /or any such government agency, if necessary.
5. Production Materials and Media Coverage. For promotions prior to the Race,
Offshore Events shall provide the following:
(a) Offshore Events will provide national and local advertising of the race event to
adequately market the event at their sole expense including banners to advertise to Sunny Isles
Beach residents.
(b) Offshore Events will make a good faith effort to attract television and radio
coverage of the event to be aired simulcast via radio and /or post event via television.
(c) The City will provide press releases and local advertising at its sole expense.
However, any paid advertising will be the responsibility of Offshore Events.
(d) Press releases, promotions and advertising are to take place at least thirty (30)
days prior to the event. Offshore Events shall concentrate on promoting the event through the
use of press releases, promotions and advertising during the final two (2) weeks before the
event.
(e) All promotional materials must include the official Offshore Events logo, the
official race logo and the official City logo.
6. On Site Properties
Offshore Events will provide the following space at event sites:
(a) Wet pit area;
(b) Dry pit area for racers;
C0809 -034 OFFSHORE EVENTS Powerboat Racing Agreement 4
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
(c) Promotion area within dry pit; and
(d) Two (2) City display areas at 10 x 10 each.
To the extent any or all of the areas indentified in subparagraph (a) through (d) above are located
in Haulover Park, Miami Dade County, Offshore Events is responsible for securing the
respective area(s) from Haulover Park, and obtaining the requisite approval from Miami -Dade
County. In addition, Offshore Events is responsible for any associated fees.
7. Facilities, Race Areas Re istration and Meeting Rooms. The City shall provide
certain specific designated areas for the location of the racing event, facilities and meeting rooms
(assuming said areas may be located in the City) including but not limited to the following areas:
(a) Registration: The City will make a good faith effort to secure adequate space and
location in the City for the Racers' Registration area. The area must be large enough for eight
(8) 6ft tables in a "U" shape around the room with 8 chairs. A copy machine and outside
phone line must be easily accessible. Space must be secured by locked door at night, if feasible.
However if the City is unable to do so, Offshore Events shall be responsible for the associated
costs.
(b) Drivers' Meeting: The City will make a good faith effort to secure adequate space
and location in the City for the Drivers' Meetings Area, to be set up theatre style for 300
people with overhead projector, screen, podium, and microphone; however if the City is unable
to secure adequate space and location in the City for the Drivers' Meeting Area, and is also
unable to obtain sponsors to defray the associated costs, then Offshore Events shall be
responsible for all associated costs.
(c) Award Ceremony: The location of the award's ceremony must be approved by the
City in writing prior to the Race Event.
8. Security. Offshore Events shall provide adequate security to protect the areas that
include the Racers Village or Dry Pits, Wet Pits or Launching area.
9. I_nsurance Requirements: Offshore Events shall be required to obtain, at its own
expense, insurance as specified in this section. Offshore Events 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 City as specified
below. Offshore Events shall maintain the required insurance throughout the entire duration of
the Race and any extensions specified in any attached schedules. Failure to comply with this
provision shall release the City of any obligation to compensate Offshore Events. Further, any
material misstatement in the application for insurance coverage shall release the City from its
obligations to pay under this agreement. Offshore Events shall provide, to the City, as
satisfactory evidence of the required insurance, including (1) the insurance policy application
and (2) either: Original Certificate of Insurance or Certified copy of the actual insurance policy.
C0809 -034 OFFSHORE EVENTS Powerboat Racing Agreement 5
City of Sunny /s /es Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
An original certificate or a certified copy of any or all insurance policies required by this
contract shall be filed with the City Manager of the City of Sunny Isles Beach at least thirty
(30) days prior to the Event. The insurance policy must state that the City of Sunny Isles
Beach is the certificate holder and additional named Insured. Insurance should be mailed
to:
City of Sunny Isles Beach
c/o City Manager
4th Floor
18070 Collins Avenue
Sunny Isles Beach, FL 33160
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 City by the insurer.
Acceptance and /or approval of Offshore Events' insurance shall not be construed as
relieving Offshore Events from any liability or obligation assumed under this contract or
imposed by law.
The City of Sunny Isles Beach, Florida, its employees and officials shall be included as
"Additional Insured" on all policies.
Any deviations from these General Insurance Requirements must be requested in writing
and approved by the City Manager. Offshore Events shall furnish the City with a certificate
evidencing the minimum insurance coverage required hereunder no later than thirty (30) days
prior to the Race.
Prior to commencement of work governed by this contract, Offshore Events shall obtain
General and Excess Liability Insurance. Coverages shall be maintained throughout the life of the
contract and include, as a minimum:
• $1,000,000.00 (One Million) in general liability insurance
• $4,000,000.00 (Four Million) in excess liability insurance
• $10,000.00 (Ten Thousand) in medical expense insurance — any one person
• $50,000.00 (Fifty Thousand) in excess medical insurance (secondary to primary
insurance carrier)
• $10,000.00 (Ten Thousand) in accidental death insurance, any one occurrence
• $500,000.00 (Five Hundred Thousand) in fire damage insurance — any one
occurrence
Furthermore, Offshore Events shall also require that all participants, competitors, racers and
organizations involved in the Race to execute an Indemnification and Hold Harmless Agreement
for the benefit of the City and Offshore Events shall submit same to the City Manager prior to
the Race.
C0809 -034 OFFSHORE EVENTS Powerboat Racing Agreement 6
City of Sunny /s /es Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
10. Indemnification and Hold Harmless. Offshore Events agrees to indemnify, hold
harmless and defend the City, including its officers, agents and employees, from and against any
loss, damage or expense (including all costs and reasonable attorney's fees) suffered by City
from (a) any breach from Offshore Events of this Agreement, (b) any inaccuracy in or breach of
any of the representations, warranties of covenants made by Offshore Events herein, (c) any
claims, suits, actions, damages or causes of action arising during the term of this Agreement for
any personal injury, loss of life or damage to property sustained by reason or as a result of the
use of the property by Offshore Events' agents, employees, invitees, and all other persons, and
(d) any claims, suits, actions, damages or causes of action of any kind whatsoever arising during
the term of this Agreement for any personal injury, loss of life or property damage sustained by
reason of this Agreement, its execution and /or its performance by Offshore Events or the
participants in the Race.
Such obligation to indemnify, hold harmless and defend shall continue notwithstanding
any negligence or comparative negligence on the part of the City relating to such loss or damage
and shall include all costs, expenses and liabilities incurred by the City in connection with any
such claim, suit, action or cause of action, including the investigation thereof and the defense of
any action or proceeding brought thereon and any order, judgment or decree which may be
entered in any such action or proceeding or as a result thereof. Nothing in this Agreement shall
be construed to affect in any way the City's rights, privileges, and immunities under the doctrine
of sovereign immunity and as set forth in Section 768.28, Florida Statutes.
11. Medical, Patrol, Turn, Tow Pace and Course Set Boats. Offshore Events shall
provide a minimum of four (4) medical and ten (10) patrol boats for test only days. Offshore
Events shall provide a minimum of eight (8) medical, ten (10) patrol, one (1) turn boat per race
course turn, and a minimum of 3 Pace Boats during race days. Offshore Events shall be in total
control of all paceboats, crews and times on the water during race days. The City may not sell the
right to be a paceboat without the express written permission of Offshore Events. All committee
boats are to have a flag at least 12 "x 18" to identify it as an official race support vessel. Other
equipment details for boats are contained in Offshore Event's Race Handbook.
12. Race Course Set Up. Offshore Events will furnish a vessel with a Captain
and 2 additional crew members along with all supplies needed to set up the race course and
spectator lines. Offshore Events will furnish at its own expense the turn buoys. Details of the
course are located in Offshore Event's Race Handbook. The Offshore Events Chief Starter will
assist with the course set up.
13. Medical and Safety Teams.
Offshore Events shall provide, at its own cost, medical and safety teams
including water rescue divers at levels acceptable and approved by the City of Sunny Isles
Beach Police Department.
Offshore Events shall provide two (2) helicopters to be used to transport the medical and
safety personnel including EMT's and /or certified medical divers. Helicopters must be capable
C0809 -034 OFFSHORE EVENTS Powerboat Racing Agreement 7
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
of carrying three medical and safety personnel with up to 40 lbs. of equipment each and reaching
speeds of up to 100 knots.
14. Race Officials. Offshore Events shall provide its own race officials including
its Chief Referee, scorer(s), technician(s) and inspector(s) and other personnel deemed
necessary to the operation and conduct of the Race. The City will make a good faith effort to
secure local volunteers, assistants and /or committees to aid in the Race.
15. Web Pages. Offshore Events shall place a link on its official website to
include the City's official website.
16. Wrist Bands. Offshore Events shall provide all wrist bands, weekend passes
and /or credentials for the Race. The wrist bands, passes and /or credentials shall be
distributed in accordance with Offshore Events's customary rules, regulations, methods,
policies and procedures adopted by Offshore Events and in compliance with insurance
requirements. The City will provide any needed passes or tickets for spectators, local sponsors,
local VIP's and /or non - participants.
IT Sponsorship. Offshore Events and the City may recruit sponsors for the
Race subject to the approval of the other. Approval of the parties shall not be
unreasonably withheld so long as there is not a conflict with Offshore Events or City
sponsorship already in existence or other Offshore Events or City arrangement or commitment
already in existence. All promotional materials must also be approved by Offshore Events
and the City in order to insure that there is no conflict with Offshore Events or
City's sponsors. A sponsorship package will be given to Offshore Events for its official file.
All use of the Offshore Events logo or trade name or any other Offshore Events promotional
material must also be approved by Offshore Events prior to its use. All use of the official race
logo or City logo for any promotional material must also be approved by the City prior to its use.
18.Additional Events or Activities. The City may also arrange for other
events or activities in conjunction with the event provided written approval is given by
Offshore Events and provided that said event or activity is covered under the Offshore
Events general liability insurance policy or provided that Offshore Events obtain additional
or supplemental coverage for said event or activity and that City is provided with a copy
evidencing proof of said coverage prior to entering into any contract concerning said event or
activity.
19. Disclosure. Offshore Events shall be required to list any or all potential conflicts or
interest, as defined by Florida Statute 112, Miami -Dade County Conflict of Interest Ordinance
Section 2 -11.1, as amended, and by the City of Sunny Isles Beach Ordinance No. 99 -82, which
are incorporated herein by reference as if fully set forth herein. Offshore Events shall disclose to
the City 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 City.
C0809 -034 OFFSHORE EVENTS Powerboat Racing Agreement 8
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
20. Public Entity Crime. "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, Offshore
Events warrants that it is in compliance with this requirement.
21. Complete Agreement. The terms and conditions of this Agreement, together with
any exhibits and schedules attached hereto or referenced herein, constitute the final, complete,
and exclusive understanding between the parties with respect to the subject matter of this
Agreement and supersede all prior and contemporaneous agreements and understandings,
inducements or conditions, expressed or implied, oral or written.
22. Arbitration and Mediation. The merits of any dispute arising under, out of, in
connection with, or in relation to this agreement, or the making or validity thereof, or its
interpretation, or any breach thereof, shall be determined and settled by Arbitration before an
Arbitrator in the State of Florida, pursuant to the Commercial Arbitration Rules then
obtaining of the American Arbitration Association If the parties hereto are unable to
agree upon the selection of an arbitrator, such arbitration shall be held before the American
Arbitration Association. Any award rendered shall be final and conclusive upon the parties
hereto and a judgment thereon may be entered in the highest court of the State of Florida having
jurisdiction.
Before submitting a dispute to Arbitration, the parties shall first attempt to resolve the
dispute amicably. In the event that the parties hereto are unable to resolve the dispute amicably,
either party may give notice for a Mediation session before a Mediator appointed by mutual
agreement (hereinafter the "Mediator "). If the parties are unable to agree upon the selection
of a mediator, such mediation shall be held before the American Arbitration Association. The
Mediator shall make a recommendation to the parties in the form of a written mediated
settlement agreement. Each party to the dispute shall sign such agreement after receipt of
the same or immediately file a demand for Arbitration, in which event the parties shall proceed
to Arbitration in accordance with the previous paragraph.
All costs of the Arbitration, including Mediation and the legal action to confirm and
enforce the arbitrator's award, as the case may be, including the reasonable legal fees of both
parties shall be paid by the non - prevailing party, or, if neither party prevails on the whole, each
party shall be responsible for a portion of the costs of Arbitration and Mediation as may be
determined by the court on confirmation.
C0809 -034 OFFSHORE EVENTS Powerboat Racing Agreement 9
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
23. Construction. Whenever the sense of this Agreement requires, words of the
singular number shall be construed to be plural and vice versa, and words of the masculine
gender shall be construed to be feminine and vice versa.
24. Original Documents. This Agreement shall be executed in any number of
counterparts, each of which shall be deemed an original, but all of which shall constitute one
instrument.
25. Amendment. This Agreement may be altered, amended or terminated only by a
writing signed by all of the Parties. All amendments or modifications of this Agreement shall be
binding upon the parties despite any lack of consideration so long as such amendment or
modifications are in writing and executed by the parties.
26. Merger of Agreements. This Agreement supersedes any and all prior agreements
or contracts, whether oral or in writing, if any, entered into between the parties as of the
date hereof, which agreements, if any, are merged herein.
27. Notice. Any notice required to be given hereunder shall be deemed duly
given if mailed in any United States post office, by registered or certified mail, return
receipt requested, or by messenger service or telecopy with acknowledgment of receipt.
Such notice shall be effective on the date appearing on the return receipt. Notices shall be
sent to the following addresses or to such other addresses as any party listed may designate in
writing to all other parties:
To Offshore Events:
To City :
Brad Schoenwald
6955 W Broward Blvd
Plantation, FL 33317
City Manager and City Attorney
City of Sunny Isles Beach
18070 Collins Avenue
Fourth Floor
Sunny Isles Beach, FL 33160
C0809 -034 OFFSHORE EVENTS Powerboat Racing Agreement 10
City of Sunny isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
28. Waiver. The waiver of a breach of any provision of this Agreement by either
party shall not operate or be construed as a waiver of any subsequent breach by said party, unless
otherwise expressly provided in this Agreement.
29. Severability. The terms of the Agreement are independent of and severable from
each other, and neither this Agreement nor any provision shall be affected or rendered
invalid or unenforceable by virtue of the fact that any other or others of them may
be invalid or unenforceable, in whole or in part for any reason. The section and paragraph
headings are for convenience only and shall not affect the meaning or interpretation of this
Agreement
30, Assignability. This Agreement shall not be assigned in whole or in part except by
written agreement of the parties. The terms of this Agreement shall be binding and inure to the
benefit of the parties hereto and their respective permitted successors and assigns. Nothing herein
expressed or implied is intended to confer on any person other than the parties hereto any rights,
remedies, obligations or liabilities under or by reason of this Agreement.
31. Events of Default Termination of Agreement and Remedies.
(a) The following shall constitute events of default:
(1) Any material misrepresentations, written or oral, made by Offshore Events
and /or its representatives;
(2) Failure by Offshore Events to timely perform and /or observe any of the
terms and conditions of this Agreement;
(3) Insolvency or bankruptcy on the part of Offshore Events.
(b) The occurrence of any event of default to the City may, at the sole option of the
City, work as an immediate and automatic forfeiture of any rights conferred under this
Agreement.
(c) In the event that Offshore Events default, the City shall have all legal remedies
available to it, including but not limited to termination of this Agreement upon ten (10) days
written notice to Offshore Events. In the event of such termination, the City shall be entitled to
refund of all deposits paid to Offshore Events.
32. Cancellation: In the event the Race, scheduled for Friday June 12, 2009, through
Sunday June 14, 2009, is cancelled due to an act of God, inclement weather (for example, flash
floods, excessive winds, lightning, hurricane, fire, etc.) or by the occurrence of any other event
beyond the control of the parties hereto, all parties shall be excused from any further
performance of the obligations and undertakings set forth under the terms of this Agreement.
C0809 -034 OFFSHORE EVENTS Powerboat Racing Agreement 11
City of Sunny /s /es Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
In the event of such cancellation, the City shall be offered a 100% credit by Offshore
Events for all fees and /or costs paid by the City to OFFSHORE EVENTS, provided the Race is
rescheduled to occur in the City within 6 (six) months of the originally schedule Race dates.
However, in the event Offshore Events does not reschedule the Race in the City within 6 (six)
months of the originally schedule Race dates, City shall be entitled to a 100% refund of all fees
and /or costs paid to Offshore Events.
33. Uncontrollable Circumstances ( "Force Majeure "): The City and Offshore
Events will be excused from the performance of their respective obligations under this
agreement when and to the extent that their performance is delayed or prevented by any
circumstances beyond their control including, fire, flood, explosion, strikes or other labor
disputes, act of God or public emergency, war, riot, civil commotion, malicious damage,
act or omission of any governmental authority, delay or failure or shortage of any type of
transportation, equipment, or service from a public utility needed for their performance,
provided that:
(a) the non - performing party gives the other party prompt written notice
describing the particulars of the Force Majeure including, but not limited to, the nature of
the occurrence and its expected duration and continues to furnish timely reports therero during
the period of the Force Majeure;
(b) the excise of performance is of no greater scope and of no longer duration than is
required by Force Majeure;
(c) no obligations of either party that arose before the Force Majeure causing the
excuse of performance are expected as a result of the Force Majeure; and
(d) the non - performance party uses its best efforts to remedy its inability to perform.
34. Miscellaneous.
(a) The City shall not enter into a similar contract or agreement with any other racing
organization for this Race event unless agreed to in writing by Offshore Events.
(b) Each of the signatories by signing below certifies and warrants that they are
empowered to act and execute this Agreement on behalf of the respective parties.
(c) It is expressly understood and agreed that this Agreement is for the duration of
this Race event only and that Offshore Events has no right or privilege other than that
expressly provided herein.
C0809 -034 OFFSHORE EVENTS Powerboat Racing Agreement 12
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and
year first above written.
WITNESSES:
W4�
ATTEST
Jane Hines, CMC, City Clerk
OFFSHORE EVENTS, LLC.
ignature of Corporate"Officer
CITY OF SUNNY ISLES BEACH
rman S. Edelcup, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY �ans ���• dl
Ottinot, City Attorney
C0809 -034 OFFSHORE EVENTS Powerboat Racing Agreement 13
Offshore Weekend Line -up
Friday:
11:30 a.m. Bimini Memorial Ocean Race (SIB - Bimini- SIB)
6:00 p.m. Champions Boat Parade (Haulover to SIB)
7:00 p.m. Racers' Village Party with Band at Haulover Park (open to all)
Saturday:
11:00 a.m. Thunderboat Rally to Key Largo (open to all, must register)
12:00 p.m. Offshore Super Series Amateur Racing
2:00 P.M. Offshore Super Series Qualifying Heats
7:00 p.m. Offshore Legends & Champions Reunion /Live & Silent Auction
Sunday:
12:00 p.m. Offshore Super Series Races followed by Awards Ceremony
- EXHIBIT A -
SONNY IS4F
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C /ry OF suN ply%
TO:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947 -0606 City Hall
(305) 949 -3113 Fax
(305) 947 -2150 Building Department
(305) 947 -5107 Fax
The Honorable Mayor
A. John Szerlag, City
January 15, 2009
MEMORANDUM
City Commission
Norman S. Edelcup, Mayor
Lewis J. Thaler, Vice Mayor
Roslyn Brezin, Commissioner
Gerry Goodman, Commissioner
George "Bud" Scholl, Commissioner
Proposed Agreement for Powerboat Race Scheduled for June 12 -14, 2009
A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, City Clerk
Attached is a proposed agreement for the above - referenced Powerboat Race. Please know that the method
of payment for our proposed Forty Thousand Dollar ($40,000) Contribution is segmented into three dates
and payable only upon invoices received from Offshore Events, LLC and approved by city management:
a. Twenty Thousand Dollars ($20,000) - To be paid anytime after execution of the agreement and
before April 15, 2009, upon presentation of invoices.
b. Ten Thousand Dollars ($10,000) - To be paid anytime after April 15, 2009 and May 15, 2009,
upon presentation of invoices and provided that all permits have been secured, verification of
adequate safety personnel, insurance requirements have been met, and confirmation of financial
ability to produce the race event as planned.
c. Final payment of up to Ten Thousand Dollars ($10,000) — Shall be paid at the completion of the
race event but not later than 5 days following the race event, upon presentation of invoices. This
final payment may be reduced in the event the City finds it necessary to direct pay any cost to
support the event to insure its success as mutually agreed to with Offshore Events.
Compared with last year, our contribution has been reduced from One Hundred Twenty -Five Thousand
Dollars ($125,000) to Forty Thousand ($40,000), and will be paid based on invoices received and
approved by the City. In addition, our capacity is more of a sponsor this year and less of a hands -on
coordinator. Offshore Events, LLC will be taking on full production responsibilities for this year's race.
Approval is recommended.
AJS /iw
Cc: Hans Ottinot, City Attorney
Fred Maas, Chief of Police
Jorge L. Vera, Assistant City Manager, Services Department
Susan Simpson, Cultural & Human Services Director
Brad Schoenwald
Alon Steiger
Larry Goldman
To be completed by De aranent Head
To be completed by City Clerk's Oi ce
1 %�j
Z_0 l F_
Funding available:
Approval:
Agenda Item No.: V
Finance Department
City Manager
'_ � S _ D
Commission 9
Meeting Date:
City Commission March 2, 2009
o0
F Q
OF SUN P�
Norman S. Edelcup
Mayor
Lewis J. Thaler
Vice Mayor
Brad Schoenwald
Roslyn Brezin 6955 W. Broward Boulevard
Commissioner
Plantation, FL 33317
Gerry Goodman
Commissioner
George 'Bud" Scholl Re: Offshore Events Powerboat Racing Agreement
Commissioner
Dear Mr. Schoenwald:
Rick Conner
Acting City Manager At its regular meeting of January 15, 2009, the City Commission adopted
Hans Ottinot Resolution No. 2009 -1372, which approved an agreement with the Offshore
City Attorney Events Powerboat Racing Agreement. Enclosed are two (2) original agreements
Jane A. Hines for signature by you.
City Clerk
Upon execution, please return both originals to my attention for final processing.
An original, executed agreement and a copy of the approving resolution will be
mailed to you upon completion.
Thank you.
truly yours,
G,//�
Priscilla Walker, CMC y
Deputy City Clerk
Enclosures
cc: Susan Simpson, Cultural and Human Services Director (w /o attachments)
Powerboat A}mnt 2009 for Sig Ltr