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FY1991 11/14/1990 AgreementBRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 743-9036 G��rrTb COUNTY C` Y J1hJJM CU�a`FMG9A ~ �Q ` O 01g0 •............ 4`Op Vp�3^,We.E COUN7V. 3Dannp 3L. Rotbage CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 294-4641 January 7, 1991. Mrs. Sandra Higgs Monroe County Tourist Development Council Post Office Box 866 Key West, FL 33041 Dear Mrs. Higgs: BRANCH OFFICE P.O. BOX 379 PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-9253 As you are aware, on November 14, 1990, the Board of County Commissioners approved and authorized execution of an Agreement with The Redbone, Inc. Enclosed ject Agreement, now of these documents for your own files. are two duplicate originals of the sub - executed and sealed by all parties. One should be sent to Redbone; the other is Sincerely yours, Danny L. Kolhage Clerk of Circuit Court and ex officio Clerk Board of County Commissioners B y6a Y� Rosalie L. C nnolly Deputy Clerk Enclosures cc: County Attorney County Administrator Finance Director File eLi DEC / 1v.:,,U' � J 7 AGREEMENT THIS AGREEMENT is entered into this 117'`/1 day of /YD ✓t.M Je l- 1990, by and between BOARD OF COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA, (BOCC) and The Redbone, Inc.. NOW, THEREFORE, for and in consideration of the mutual covenants, contained herein the parties agree as follows: 1. The BOCC agrees to award $ 20, 000. 00 for the Redbone '90 November 1 through 4, 1990 based on the attached schedule for the event. See Exhibit A. 2. Scope of Services : The Redbone, Inc. agrees to a) provide the County with a four (4) day event including the activities outlined in Exhibit 'A' with locations specifically for the various activities. 3. Payment: Upon completion of public promotional advertising, the BOCC shall pay up to $ 20, 000. 00 to The Redbone, Inc.. $1, 000. 00 of this amount or 5% of this contract shall be held until such time as 1) a Financial Statement duly notarized containing all costs incurred by The Redbone, Inc. has been submitted and 2) all other contract provisions have been completed. All advertising and public relations will be provided through the contracted agencies of the TDC. 3) Monies will be paid to The Redbone, Inc. after Stuart Newman Associates confirms compliance with the Scope of Services. It shall be noted that additional funds were allocated under the prior 4 fiscal year for this event. The invoices shall indicate the task completed for which payment is sought. All payment schedules are specifically contingent upon availability of funds. 1 TO OT WO C NIP T6 f 4. Accounting: Records of The Redbone, Inc. pertaining to this project shall be kept on generally recognized accounting principles and shall be available to the BOCC or to an authorized representative for audit. 5. Modification: Additions to, modifications to or deletions from the Scope of Services set forth in this contract may be made only by written mutual agreement, recommended by the TDC and approved by the BOCC. 6. Termination of Services: The parties agree to full performance of the covenants contained in this contract, and the BOCC reserves the right at its discretion, provided such breach is material, to terminate the services provided in this contract for any misfeasance, malfeasance, or nonperformance of the contract terms or negligent performance of the contract terms by The Redbone, Inc.. 120 days after the date of the event, the contract will be terminated. 7. Hon Occurrence of Event: If the event(s) does not take place, for any reason under control of The Redbone, Inc. , except for those reasons in paragraph 19, then The Redbone, Inc. agrees to refund to the BOCC any amounts already paid to them, and relieve the BOCC from any further payments. 8. Risk of Loss: The The Redbone, Inc. agrees to relieve Monroe County of all risks for loss or damage during the event not caused by BOCC or its agents. 9. Indemnification and Hold Harmless: The Redbone, Inc. , agrees to indemnify and hold Monroe County harmless for any and all claims, liability, losses and causes of action which may arise out of the fulfillment of the agreement. It agrees to pay all claims and losses and shall defend all suits filed due to the negligent acts, errors or omissions of The Redbone, Inc. 's employees and/or agents, including related court costs. 10. Insurance Requirements: The Redbone, Inc. , shall carry during the term of this agreement public liability insurance, including bodily injury and property loss damage 2 to cover all claims, demands or actions by any person or entity in anyway arising from the operation, of this event(s). Such liability insurance shall be in an amount not less than $ 1,000,000. Monroe County shall be named as additional insured under the insurance policy and such insurance shall be primary and noncontributing with any insurance carried by the County. The Redbone, Inc., shall furnish the County with a certificate evidencing the insurance required by this paragraph not later than November 1, 1990. 11. Permits: The Redbone, Inc. will provide TDC with proof of all required permits, licenses and insurance coverage certificates. 12. Laws and Regulations: It shall be understood and agreed that any and all services, materials and equipment shall comply fully with all Local, State and Federal laws and regulations. 13. Taxes: The BOCC/TDC is exempt from Federal Excise and State of Florida Sales Tax. State Sales Tax and use Tax Certificate Number is 03000 210354. 14. Finance Charges: The BOCC/TDC will not be responsible for any finance charges. 15. Relation of BOCC/TDC: It is the intent of the parties hereto that The Redbone, Inc. F 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/TDC and shall at no time be legally responsible for any negligence on the part of said successful proposer, its employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 16. Disclosure: The Redbone, Inc. shall be required to list any or all potential conflicts or interest, as defined by Florida Statute 112 and Monroe County Ethics Ordinance. The Redbone, Inc. shall disclose 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/TDC. 3 17. Assianment : The Redbone, Inc., shall not assign, transfer, convey, sublet or otherwise dispose of this proposal, or of any or all of its right, title or interest therein, or his or its power to execute such contract to any person, company or corporation without prior consent of the BOCC/TDC. 18. Compliance with Laws - Nondiscrimination: The Redbone, Inc., shall comply with all federal, state and local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex, age, or national origin in the performance of work under this Agreement. This Agreement shall be subject to all federal, state, and local laws and ordinances. 19. Force Ma-)eure: The Redbone, Inc., shall not be liable for delay in performance or failure to perform, in whole or in part, the services due to the occurrence of any contingency beyond its control or the control of any of its subcontractors or suppliers, including labor dispute, strike, labor shortage, war or act of war whether an actual declaration thereof if made or not, insurrection, sabotage, riot or civil commotion, act of public enemy, epidemic, quarantine restriction, accident, fire, explosion, storm, flood, drought or other act of God, act of any governmental authority, jurisdictional action, or insufficient supply of fuel, electricity, or materials or supplies, or technical failure where The Redbone, Inc., has exercised reasonable care in the prevention thereof, and any such delay or failure shall not constitute a breach of this Agreement. Upon demand of TDC, The Redbone, Inc., must furnish evidence of the causes of such delay or failure. The Redbone, Inc., shall thereafter resume its performance hereunder as soon as such resumption is reasonably practicable. 20. Governina Law/Venue: This Agreement shall be governed and construed by and in accordance with the laws of the State of Florida and constitutes the entire agreement between the BOCC and The Redbone, Inc. 4 21. Antisolicitation: The Redbone, Inc. warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. 22. Severability: If any provision of this Agreement shall be held by a Court of competent jurisdiction to be invalid or unenforceable, the remainder of this agreement, or the application of such provision other than those as to which it is invalid or unenforceable, shall not be affected thereby: and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. (SEAL) Attest: (SEAL) Attest: DANNY L. KOLHAGE, Clerk ► I -ow -A6 C" Redbone, Inc. MONROE COUNTY BOARD OF COUNTY COMMIS NE 5 Mayor/Chairman P�F-�ii�V E:<:.J s`•+� a .Fi °..� .. - ny� EXHIBIT "All PROPOSED ITINERARY FOR REDBONE 1990 TIP -I cSDAY NOVEMBER 1ST., CELEBRITY GOLF EVENT' - AHT UALLERRY - I1:00 A.M. TO 8:00 P.M. PENNECAMP ROOM - GHEECAL , WILDLIFE ARTISTS SHOWING THEIR WORKS - ITEMS FOR SALE. ART GALLERRY IS OPE14 TO THE PUBLIC. 11:00 a.m. to 6:00 p.m. EARLY REGISTRATION\A?IGLERS\GUIDES-WINDLEY 11:00 A.M. GOLFER REGISTRATION -UNDER THE TENT. ooM. 1:00 P.M. TO 5:00 P.M. CELEBRITY GOLF CLASSIC -OPEN FOR PUBLIC GALLERY. 5:00 P.M. 19TH HOLE - LIGHT BUFFET, CASH BAR AND AWARDS U14DER THE TENT AT CHEECA LODGE. FRIDAY NOVEMBER 2ND- ANGLER\GUIDE\CELE.B: CHECK -IN ALL DAT - WINDLEY ROOM - CHE A LODGE 8,00 A.M. TO 9:00 P.M. ART GALLERY - PENNECAMP ROOM -NOON TO 6:00 PM OPEN TO PUBLIC. 11:00 A.M. TO 4;00 P.M. CELEBRITY GOLF CLASSIC SECOND ROUND WINNERS PRO -AM - OPEN FOR PUBLIC GALLERY, 5:30 P.M. MULES MEETING -COCKTAILS -CASH BAP.? 6:00 A.M. TO 8:00 P.M. LIVE AUCTION,,4n� 8:00 P.M. NICK -OFF BARBECUE SPONSORED BY BLUE RIBBON-AMERICA'S FINEST IN OURDOOR COOKING FEATURING "THE BUTCHER" MERLE ELLIS, "Os&_ A"-CGH L:cj�. c-oD4f-. SATURDAY NOVEMBER 3RD - 5:30 A.M. CONTINENTAL BREAKFAST UOCKSIDE AT LOR-E-LEI. 6:30 BLESSING OF THE FLEET BY REVEREND HONKER. LINES IN AT 7:30. LINES OUT AT 3:00 P.M. HORS DOUVRES DOCKSIDE AT THE LOR-E-LEI 3:00 TO 5:00 P.M. CASH BAR. CHECK -IN BEFORE 5:00 P.M, FOR ANGLERS 6:00 P.M. OPEN BAR AT ME TENT SILENT AUCTION AND CORNCOPIA u(4kA)EA,_Twi- CHFS.CA DANCING UNDER THE STARS 6:00 P.M. To ? 8 : 30 P.M. TO 11:00 P.M. POKER GAME AT WC:ODY ' S k4gbTAIMm 7 : NON -ANGLER ACTIVITIES SATURDAY NOVEMBER 3RD 11:15 CHEECA VIEW BOAT PICK-UP AT CHEECA DOCKS TO GO TO LOR-E-LEI FOR LADIES FASHION SHOW SPONSORED BY H.T. CHITTUM & CO. 2:00 P.M. REDBONE VAN TO TAKE LADIES BACK TO CHEECA WHO WISH TO GO, AND NOT REMAIN AT DOCK FOR ARRIVAL OF TOURNAMENT BOATS. TICKETS FOR FASHION SHOW ON SALE AT H.T. CHIT M4 & CO. $20.00. ART GALLERY - NOON TO 6:00 P.M. - PENNECAMP ROOM OPEN TO PUBLIC_. SUNDAY NOVEMBER 4TH 5:30 A.M. CONTINENTAL BREAKFAST AT DOCKSIDE--LOR--E--LEI. LINES IN AT 7:30 A.M. LINES OUT AT 3:00 P.M. HORS DEUVRES DOCKSIDE 3:00 T0`5:00 P.M, CASH BAR. ART GALLERY 10:00 A.M. TO 6:Ob PM-PENNECANIP ROOM OPEN TO'-PUSLTC. 6:30 P.M. COCKTAILS kNfa 7:30 AWARDS BANQUET DINNER u_.ivof Wi SWORN STATEMEI\'T UNDER SECTION 287.133(3)(a), FLORIDA-STATUTES- UTES_ ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER "OATHS. L This sworn statement Is submitted with Bid, Proposal or Contract No. for 2. This sworn statement is submitted byc [name of entity submitting sworn statement) whose business address is © d-7 ,-� and (if applicable) its Federal Employer Identification Number (FEIN) is e", (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 3. My name is ) [please print name of Individual signing] and my relationship to the entity named above is 4. I understand that a •public entity crime' as defined in Paragraph 287.133(1)(g), Florida Statuces_ means a violation of any state or- federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. S. I understand that'coavicted' or "conviction' as defined in Paragraph 287.133(1)(b),_Florida Statates means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to chug information after July 1, 1989, as a result of a jury verdict, nonjury ent or of guilty or nolo contendere. trial, or entry of a plea es brought by indictment 6. I understand that an 'all`iliate' as defined in Paragraph 287.133 1 a , Florida Statutes. means: 1. A predecessor or successor of a person convicted of a public entity crime: or 2. An entity under the control of any natural person who is active in the management of the entity, and 'who has been Convicted of a public entity crime. 'Ile term 'affiliate' includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. understand that a 'person' as defined in Paragraph 287.133(1)(e), Florida Statutes. means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision Of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term 'person' includes those officers, directors, executives, partners, shareholders, emplovees, members, and agents who are active in management of an entice. 8. Based on information and belief, the statement which I have marked below is true in relation ;o the entity submitting this sworn statement. [Please Indicate which statement applies j Neither the entity submitting this sworn statement. nor any officers, directors, execetivd -,,' partners, shareholders, emplovees, mentbers; or agents who are active in management of the entity, nor any affiliate of the entiry have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, orjona or more of the officers, directors, executives, partners, shareholders, employees, members. of agents who are active in management of the entiry, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AM [Please Indicate whlcb additional statement applies.] There has been a proceeding concerning the conviction before a hearing* officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. [Please attach a copy of the final order.] The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative hearings. Tice final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. [Please attach a copy of the final order.] The person or affiliate has not been placed on the convicted vendor list. [Please describe any action taken by or pending with the DeVrnnent of General Services.] STATE OF COUNTY OF Uh P'A j"V PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her signature [name of dividual signing] in the space provided above on this My commission expires; Form PUR 7068 (Rev. 11/89) STf-)E OF FL. RJV F V t4 ;'J. I ,,,1 g9 Ilya, C C,NRAiif PART L 6395a (Ed. 1.1? COMPREIIENSIYE'GENEAAL LIABILITY INSURANCE For attachment to Policy fio. ?SL264244 to complete said policy. ADDITIONAL DECLARATIONS Location of all premises owned by, rented to or controlled by the named insured 9141914 - ,A.C" IF ,A4, LOCATIONAS .DOR[e- SMQWN 1' 1+er � or OeCLARA-IONS` Holiday Inn, Beachside, 3841 N. Roosevelt Blvd., Key West, F1. Interest of named irsurad in such premises -c6o. owner General Lessee f7 Tenant ❑ Other Part occupied by named insured ,e-TCR e9LO-1 The following discloses all hazards insures hereunder known to exist zt the effevive date of his policy, unless otherwise stated herein. SCHEDULE ?he rsurance a 7rded is only with respect to such of the fo.Io4 rg Coverages as are indicated by soec:`•c premium ct3rge G' ha'aes. The imit of the ccroary's liability aaains; each such Coverage shalt ea as stated here r. sut:l=_ct to a;: the tp,-ns of tits poj cy naving retererce ttiereto. Limits of Liability Advance Coverages each occLrrence aggregate Premiums A-3odily injury Liabilty— ii—property Damage Liability 3 GL95:17 S Incl. Form rmabers of endorsements attached aA Issue S Total i Advance Premium E 2550. 00 General Liability Hazards i Code I _ Rates i Advance Premiums j Description of Hazards Ne Premium Bases e p Baldly Injury Ipreperty Dantate Premises • Operations I Special Events Fishing Tournaments September — Isiamorada, F1. November — Key [Jest, Fl. Includes meetings Sx cocktail parties during year. Minimum a Deposit Annual Premium Escalators :Number at Premises) -Noc Covered independent Contractar; Not Covered Completed Operations As included in class code Pradncts -- ---- -- Ooc JCii_r. Only 11111 g) 2 g)1200.1 Incl. 2400.00 I I i I i g) �p g) per event even. .a Area too. Ft.t (a,, Per :00 Sq. Ft. cf Area i y': Frontage Per Linear Fcc', c: Reins-rabo0 " Per $100 0` P,emane anon e Receipts C; Per $100 of Receipts Units Vie: Per Ur.r, j f ��mssons t- Per 100 Almiss�or.s humbar Insurra j Per Lanoing I inc—'-. i Cost per $IN of Cos, i I j I I I a; nece:pts (a) Per S1.000 of Receipts 1ii11 :ncl. Incl. Incl. I Incl. Incl. (b) Sales ` b, Per $1.000 of Sales~ 1--� I =nc -_. T'_ak .hare 150.00 i i