FY1992 09/17/1991 Agreement1
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 743-9036
Xuannp 1. Rotbage
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
October 17, 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
On September 17, 1991, the Board of County
Commissioners of Monroe County approved and authorized exe-
cution of a Local Major Events Agreement with The Redbone,
Inc. for the Redbone Weekend, November 8 - 10, 1991.
Enclosed are two duplicate originals of the sub-
ject Agreement, now executed and sealed by all parties. One
of these documents should be sent to The Redbone, Inc.; the
other is for your own files. Please note Paragraph 12 con-
cerning insurance requirements and the necessity for a cer-
tificate to be received not later than twenty days prior to
the event.
Enclosures
cc: County Attorney
County Administrator
Finance Director
File
Sincerely yours,
Danny L. Kolhage
Clerk of Circuit Court
and ex officio Clerk
Board of County Commissioners
By:
- -4 � a, A& J
Rosalie L. C901nolly
Deputy Clerk
LOCAL MAJOR EVENTS AGREEMENT
THE REDBONE, INC.
THIS AGREEMENT is entered into this day of 1991, by
and between BOARD OF COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA,
(BOCC) and The Redbone, Inc..
NOW, THEREFORE, and in consideration of the mutual covenants,
contained herein the parties agree as -follows:
1. The BOCC agrees to pay up to forty thousand dollars ($40,000) for
the Redbone Weekend, November 8 - 10, 1991, from tourist development tax
funds. (See Exhibit A)
2. Scope of Services: The Redbone, Inc. agrees to provide the County
with a three (3) day event as specified in the Scope of Services which is
incorporated by reference (see Exhibit . B).
3. All advertising and publid: relations services or supervision of
advertising and public relations will be provided through the contracted
agencies of the TDC/BOCC. The agencies of record, Tinsley Advertising and
Stuart Newman Associates shall receive payment of work in progress upon
submission of documented invoices associated with said event.
4. Payment: Any payments directly to The Redbone, Inc. or vendors
associated with said event shall be as follows:
Payment upon presentation of an invoice shall indicate the task
completed for which payment is sought, with proper documentation attached.
Upon completion of said event, a financial statement detailing all
revenue -and expenses utilizing generally accepted accounting principals shall
be prepared, notarized and submitted by event sponsor. Stuart Newman
Associates (or alternative) shall confirm compliance with the Scope of Services.
All payments are specifically contingent upon availability of TDC
funds. Only acceptable expenses listed in the Monroe County Tourist
Development Council Operations Manual shall be paid.
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5. Accounting: Financial 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.
6. 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.
7. Breach and Penalties: 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 in this
contract for any misfeasance, malfeasance, or nonperformance of the contract
terms or negligent performance of the contract terms by The Redbone, Inc..
8. Termination: 120 days after the date of the event, the contract will
be terminated. All invoices must be submitted within the 120 day period.
9. Non Occurrence of Event: If the event does not take place, for any
reason under control of The Redbone, Inc. except for those reasons in paragraph
21, then The Redbone, Inc. agrees to refund to the BOCC any amounts already
paid to them or their vendors, and relieve the BOCC from any further
payments.
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) substantiation of
the reason for cancellation and 3) person authorized to cancel including title and
stated affiliation.
10. Risk of Loss: 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.
11. 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.
2
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. employees
and/or agents, including related court costs.
12. Insurance Requirements: The Redbone, Inc., shall carry during the
term of this agreement public liability insurance, including bodily injury and
property loss damage 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 twenty (20) days prior to
the event.
13. Permits: The Redbone_, Inc. will secure all required permits,
licenses including but not limited to occupational licenses.
14. Laws and Regulations: It shall be understood and agreed that any
and all services, materials and equipment shall comply full with all Local, State
and Federal laws and regulations.
15. Taxes: The BOCC/TDC is exempt from Federal Excise and State of
Florida Sales Tax.
16. Finance Charges: The BOCC/TDC will not be responsible for any
finance charges.
17. Relation of BOCC/TDC: It is the intent of the parties hereto that The
Redbone, Inc., shall be legally considered as an independent contractors and
that neither it nor its employees shall, under any circumstances, be considered
servants or agents of the BOCC/TDC and the BOCC/TDC 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.
3
r
18. 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 to the BOCC/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./TDC.
19. Assignment: 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.
20. 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.
21. Force Majeure: 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., have exercised reasonable care in the prevention thereof, and
any such delay or failure shall not constitute a breach of the Agreement. Upon
demand of TDC, The Redbone, Inc., must furnish evidence of the causes of such
delay or failure. The Redbone, Inc., shall not resume its performance
hereunder unless provided for in the Scope of Services.
22. Governing 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..
23. Security Protection: The sponsor agrees to provide adequate
security for the event. No TDC funds will be used for , this purpose.
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24. Anti solicitation: 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, termination 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.
25. Ownershiy: All advertising and promotion work performed under
the contract and paid for by the BOCC/TDC shall be the property of the
BOCC/TDC, for whatever use and/or disposition the BOCC/TDC may deem
appropriate.
26. Media rights: The TDC shall have the exclusive right to broadcast,
rebroadcast, use, reproduce or transmit for any purpose whatsoever, radio,
television, pictures, sound, film and tape motion pictures and still photographs
paid by the BOCC/TDC under this contract.
27. Logo: All promotional literture and display advertising with the
exception of generic advertising must display the Florida Keys and Key West
logo/trade mark (as per enclosed).
28. Severability: If any provision of this Agreement shall be held by a
Court of competent jurisdiction to be 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.
29. Authority: 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 contract for the
sponsors and c) this agreement has been approved by the sponsor's Board of
Directors.
5
IN WITNESS WHEREOF, the parties hereto have executed this agreement
the day and year first above written.
(SEAL) z4 'qz�7
Attest: The one, Inc.
(SEAL)
A tt e D`�N1VY L6 KOLEAGE, Clerk
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Approved as to form & legal sufficiency
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EXHIBIT 'A'
THE REDBONE WEEKEND - NOVEMBER 8 - 109 1991
NEWSPAPER:
IN -COUNTY $ 626.00
OUT -OF -COUNTY 69196.00
RADIO:
IN -COUNTY 1,500.00
OUT -OF -COUNTY q, 59328.00
ADVERTISING PRODUCTION 19850.00
COLLATERAL:
PROGRAMIGUIDE BOOKS (89000)
TROPHIESIPAINTINGS
BANNERSISIGNS
PUBLIC RELATIONS:
* four (4) full pages dedicated to the TDC.
8,000.00*
79500.00
69750.00
29250.00
$409000.00
7
EXHIBIT 'B'
THE REDBONE
TOURS. - EARLY EVENTS REGISTRATION, HOSPITALITY
o-SPORTFISHING ART SHOW OPENS
FRI. - EVENT REGISTRATION, HOSPITALITY
- GOLF CLASSIC
o CONTINENTAL BREAKFAST
o GOLF REGISTRATION
o GOLF TOURNAMENT
o LUNCH
o GOLF CLINICS/ACTIVITIES
o AWARDS PARTY
- SPORTFISHING ART SHOW
- FLY FISHING CLINIC
- KICK-OFF PARTY FISHING TOURNAMENT
o RULES MEETING FOR GUIDES AND ANGLERS
o KICK-OFF BANQUET
o LIVE AUCTION
SAT. - SPORTFISHING ART SHOW
- FIRST DAY OF -FISHING
o CONTINENTAL BREAKFAST
o BLESSING OF THE FLEET
o DOCKSIDE PARTY
o SILENT AUCTION
o CORNUCOPIA DINNER PARTY
o DAYTIME ACTIVITIES FOR NON -ANGLERS
o NIGHT TIME ACTIVITIES
o ART SHOW
SUN. - SPORTFISHING ART SHOW
- SECOND DAY OF FISHING
o CONTINENTAL BREAKFAST
o DOCKSIDE PARTY
o DAYTIME ACTIVITIES FOR NON -ANGLER
o AWARDS BANQUET DINNER
o ART SHOW
IN ADDITION, OUR HOSTESS COMMITTEE WILL BE AVAILABLE TO ASSIST IN
ARRANGING FOR SNORKELING TRIPS, TOURS, SHOPPING EXCURSIONS, RESTAURANT
RESERVATIONS, AND OTHER ACTIVITIES OR PLANS PARTICIPANTS AND GUEST
WOULD LIKE TO MAKE.
FURTHER CLARIFICATION RE: PERMITS:
In addition to the requirements outlined in the TDC Event contract,
the Monroe County Board of County Commissioners requires Event
Coordinators to adhere to the following stipulations, where
applicable, as it relates to an event taking place in the Florida Keys
and Key West:
El necessary clean up
placement of traffic cones spaced 50' apart along the entire
section of road (where applicable)
El barricades on side streets, easements, and driveways
prohibiting access onto closed section of roadway (where
applicable)
policemen directing traffic at beginning and ending of course,
and also at intersecting streets (where applicable)
public notice given through handouts and announcements to
those effected by road closing (where applicable)
contact Emergency Rescue agencies
supply proper insurance and hold harmless agreement as
outlined in contract
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
C
-THIS FORl11 MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICLR
AUTHORI7.ED TO ADMINISTER OATHS.
L This sworn statement Is submitted with Bid, Proposal or Contract No.
for
Z This swots statement is submitted by
whose business address is /b
��_ Zu
(name of entity submitting sworn statementl
a 73 , ,L
U
nuts
(if applicable) its Federal Employer Identification Number (FEIN) is 540
(If the entity has no FEN, include the Social Security Number of the individual signing this sworn
statement: — )
3. My name is �® �l,�,iS' and my relationship to the
[please print name of individual signingl
entity named above Is g �_-
4• I understand that a 'public entity crime• -as defined in Paragraph Zg'. 1,33(1)(gj, Florida Statutes.
means a violation of any state or federal larr 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 odrer sous or of the United States sand Involving antitrust, ftaud, theft, bribery, collation, racketeering,
conspiracy, or material misrepresentation.
S• I understand that'conviaed' Or conviction' as defined in Paragraph 2374M(1) ft Florida Sow=
mans a fljndia; of goiit or a conviction of a public entity crime, with or witbout an adjudietdon of
guilt, in any federal or state trial court of record relating to charges brought by indictment or
information after July 1, 1989, as a result of a jury verdict, nonjury trfab or ems► of a plea of guilty
or solo contendere.
6. I understand that an •affiliate• as defined in Paragraph 287.133(1)(a), Florida Statutes- means:
L A predecessor or successor of a person convicted of a public entity crime: or
z An entity under the control of any natural person who is active in the management of the
entity and Who i a: been convicted of a public entity crime. The term `2012tee includes those
oi'licen, directors, executives, partners, shareholders, employees, memo
In the management of an affiliate. Tire OwnershipMembers, and agents who are active
interest in another person, or a pooling of equiment orPiacome among persons hen otfo fair
market value under an arms length agreement, shall be a prima fade 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• 1 Lndersmnd that a 'person* as defined in Pan ()( Florida natural person or entity organized under the laws of ahnystte or of the United States ewith the legas. means l
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 otiicers, directors, execuciv�s, partners,
shareholders, employees, members, and agents who are active in management of an entity
& Based on information and belief, the statement. which I have marked below is true In relation to the
entity submitting this sworn statement. (Please Indicate which statement applies.)
Partners, st►arenowers. emplovees, members; or agents who are active in management of the erulty,
nor any affiliate of the entity have been charged with and convicted of a public entity 'crime _
subsequent to July 1, 1989.
The entity submitting this sworn statement, or out or more of the officers, directors,
executives, partners, shareholders, employees, members, or 29enu who are active in management of
the entity, 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 which additional statement applies.)
Thera has been a procceding concerning the Conviction before a hearing' officer of
the State of Florida, Division of Administrative Hearings. The total order entered by the
hearing officer did not place the person or afSliata 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. The 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 C rder.j
The person or affiliate has not been plated on the convicted vendor list. [Please
describe any action taken by or pending with the D59artment of General Services.]
I Date:
STATE OF /
COUNTY OF / %.Ulf b r,
6'QA PERSONALLY APPEARED BEFORE ME, the undersigned authority, -GIs . -
who, after first being swots by me, affixed his/her signature
[name of Individual signing]
la the space provided above on this _)�5'_
My commission expires;
VOTARY PUS! -IC STATE OF FLORTDA
t"" C^"NIS310N E". GEC.2v,i993
BONDED TKU GEVERAL INS. UND.
PUBLIC;
0
Form PUR 7068 (Rev. 11/89) C
O. 01 CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY)
10/31/91
PRODUCER sk THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
MATSON" INSURANCE & BONDING INC EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
6291 BIRD RD MIAMI FL. 33155 COMPANIES AFFORDING COVERAGE
COMPANY A
LETTER WESTERN WORLD INS. CO.
COMPANY
INSURED LETTER B
THE REDBONE INC. COMPANY
P.O. BOX 273 LETTER C+
ISLAMORADA, FL. 33036 COMPANY
LETTER
COMPANY E
LETTER
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI-
TIONS OF SUCH POLICIES.
CO
LTR TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MM/DDNY)
POLICY EXPIRATION
DATE (MM/DD/YY)
LIABILITY LIMITS IN THOUSANDS
EACH
OCCURRENCE
AGGREGATE
GENERAL
LIABILITY
BODILY
A X
COMPREHENSIVE FORM
INJURY
$
$
X
PREMISES/OPERATIONS
UNDERGROUND
EXPLOSION & COLLAPSE HAZARD
$
PROPERTY
DAMAGE
$
BI & PD
COMBINED
$1, 000
$ 1,000
PRODUCTS/COMPLETED OPERATIONS
CONTRACTUAL
GLA-344192
09/03/91
09/03/92
INDEPENDENT CONTRACTORS
BROAD FORM PROPERTY DAMAGE
PERSONAL INJURY
PERSONAL INJURY
$
X
SPECIAL EVENTS
AUTOMOBILE
LIABILITY
BODILY
ANY AUTO
INJURY (PER
(PER PERSON)
ALL OWNED AUTOS (PRIV. PASS.)
BODILY
ALL OWNED AUTOS (OTHER THAN
PRIV. PASS.
NJURY
(PER ACCIDENT)
$
HIRED AUTOS
NON -OWNED AUTOS
PROPERTY
DAMAGE
$
GARAGE LIABILITY
BI & PD
COMBINED
$
EXCESS LIABILITY
UMBRELLA FORM
BI & PD
COMBINED
$
$
OTHER THAN UMBRELLA FORM
WORKERS' COMPENSATION
AND
STATUTORY
$ (EACH ACCIDENT)
$ (DISEASE -POLICY LIMIT)
EMPLOYERS' LIABILITY
$ (DISEASE -EACH EMPLOYEE)
OTHER
UCJ\inlr I IUN Ur Urrr1A I lUNbl LUGA I IUNJ/VtHIULtJ/5F'tGIAL IIEMS
CERTIFICATE HOLDER IS LISTED AS ADDITIONAL INSURED.
THE BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY AND THE
MONROE COUNTY TOURIST DEV. COUNCIL
PO BOX 866
KEY WEST, FL. 33041
ATT. CAMnUA UTnnV
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX-
PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPIRESENTAIWE7