FY1993 07/15/1992 AgreementBRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 743-9036
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;Dannp 1. Rotbage
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
600 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
July 24, 1992
Mrs. Sandra Higgs
Monroe County Tourist Development Council
3406 North Roosevelt Boulevard
Key West, FL 33040
Dear Mrs. Higgs:
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-9253
On July 15, 1992, the Board of County
Commissioners of Monroe County approved and authorized
execution of a Local Major Events Agreement with The
Redbone, Inc. for The Redbone Weekend, November 6 - 8,
1992, in the amount of $40,000.00.
Enclosed is a duplicate original of the subject
Agreement, now executed and sealed by all parties, which
should be returned to Redbone.
Sincerely yours,
Danny L. Kolhage
Clerk of Circuit Court
and ex officio Clerk
Board of County Commissioners
By:
Rosalie L. Vonnolly
Deputy Clerk
Enclosure
cc: County Attorney
County Administrator w/o document
,/Finance Director
File
LOCAL MAJOR EVENTS AGREEMENT
THE REDBONE. INC.
THIS AGREEMENT is entered into this /!!00 day of , 1992, by
and between BOARD OF COUNTY COMMISSIONERS, MONROE CO , 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 6 - 8 1992, 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 public 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 Monr� Cou* 'Tourist
Development Council Operations Manual shall be paid. =
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11
5. AccountinLY: 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
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,ITDC.
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 written 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.
4
24. Antis olicitation: 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. Ownership: 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)
Attest: Th edbone, Inc.
(SEAL)
At • DANN LHAGE, Clerk
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
MAYOR/CHAIRMAN
Approved as to form & legal sufficiency:9�—
Z
EXHIBIT 'A'
THE REDBONE WEEKEND - NOVEMBER 6 - 8. 1992
1992 Redbone Budget Summary
$10,000 Video Production and Time Buy
1,500 Rack Brochures
6,000 Trophies
3,000 Banners and Signs
7,000 Souvenier Program
4,000 Out of County Radio
5,000 National Magazine Advertising
2,000 In County Advertising
1.500 Postage
Total $40,000
7
EXHIBIT B
PROPOSED EVENT ITINERARY
THURS. - EARLY EVENTS REGISTRATION, HOSPITALITY
o SPORTFISHING ART SHOW OPENS
FRI. - EVENT REGISTRATION, HOSPITALITY
- GOLF CLASSIC
o CONTINENTAL BREAKFAST
o GOLF REGISTRATION
o GOLF TOURNAMENT
c 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.
SWORN STATEMENT UNDER ORDINANCE NO. 10--990
ETHICS CLAUSE
MONROE C61INTY, FI.ORIDA
___ _-_.-_-warrants that he/it has not employed
retained or otherwise had act on his/its behalf any former County office
or employee in voliation of Section 2 of Ordinance No. 10-1990 or any
County officer or employee in violation of Section 3-of Ordinance No.
10-1990. For breach or violation of 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 Co/nty officee�r�r employee.
(a(ign ture)
Date:
STATE OF L C)JZ.t D ----- - -- ----
COUNTY OF L� O
PERSONALLY APPEARED BEFORE ME, t?je under si gned ailthor; ty,
} L-,LLL1S who, after first being sworn by m,
affixed his/l ! . OL ,?: .% ..ai s_gningi in t:he spare
provided above on this _ ( _ clay of
1 19 -J_ -
NOTARY PUBLIC
My commission expires:
NOTARY PUBLIC STATE OF FLORIDA
MgpNBED THRU GENERAL INS 6UNDO
SWORN STATEMENT UNDER SECTION 287.133(3)(n),
FLORIDA SlAnfl[a ON PUBLIC ENT14l' CRIMES
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THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER
AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement Is submitted with Bid, Proposal or Contract No.
for EVENT—REDBONE CELEBRITY TOURNMANET192
2- This sworn statement b submitted by R,EDBONE INC. _
[name of entity submitting s rorn statement)
whose busIns address Is [name
Box 273 Islamorada, F1. 33036
'and
(if applicable) Its Federal Employer Identitic Itlon Number (FEIN) is 6 5 - 018 014 0
(U the entity has no FEIN, include the Social Security Number of the individual signing this sworn
statement:
3. My name is GARY EL•LIS• )
[please print name of individual signing] and my relationship to the
entity named above is PRESIDENT
4. I understand that a 'public entity crime" as defined in Paragraph 287a
means a violation of any statetransactionfederal law by a person with rese)diiectly related to We
transaction of business with any public entity or with apct .133 and 1n agency en political sabdivisivn of gay other
state or with the United States, including, but not limited to, any bid or contract for goods or
sor ofervices to be provided to any public entity or an agency or political subdivision of any other state
the United States and
conspiracy,
involving antitrust, fraud, theft, bribery, collusion, racketeering,
cospirary, or material misrepresentation.
S• I understand that'convictek or 'conviction' as defined
meaae a lindtag of guilt or a conviction of a public l4 paragraph is 2a7, *hbo(b).n
guft in any Weral or state trial court of record �' �� a brought
�by � of
information after July 1, 1989, as a result of a jury verdict,
nj ry tges bto�try of Mlea t or
or polo contendere. non]' trhl, or etttrl► a plea at guilt,
6• I understand that an 'affiliates as defined is Paragraph 287.133(1)(a), Fjg
.;1, means..
L A predecessor or successor of a Person convicted of a public entity
2. An entity under the control of n natural c ttie: or
entity and Who hay been convicted of a p�n who is active entity ctive In the management of the
officers, directors, executives, partners, shareholders, �� The term 'atsiiate• includes those
In the management of an affiliate. The ownershipper' members• and agents who are active
interest in another person, or a pooling of equimenttoor income amonperson of g constituting hen otfo lfair
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, a understand that a 'person' as defined in Paragraph 287.133(1)(e , 1 s
natural person or entire organized under the laws of any state or of he United States with he 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 entity.
8. 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 J
Neither the entity submitting this sworn statement, nor any officers, directors, executives, ,
partners, shareholders, employees, members, or agents who are active in management of the entity, '
nor any affiliate of the entity have beim charged with and convicted of a public entity crime `
subsequent to July 1, 1989.
The entity submitting this sworn statement, or -one or more of the officers, directors.
executives, partners, shareholders, employees, members, or agents 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.]
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 oMcer 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 ot1I= of the State of Florida, Division of
Administrative Hearings. The final order entered by the hearing ofIIcer 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 Dual order.]
_____ The person or affiliate has not been placed on the convicted vendor list. [Please
describe any action taken by or pending with the Dep ent of Generai Services.]
Date:_
STATE OF
COUNTY OF 0? U 1Vt(C
?/p z-
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
E 1 (� who, after tint being sworn by me, asked his/her signature
(name of individual signing]
in the space provided above on this C/ day
My commission expires:
'OTA'y PUBLIC STATE OF
NY COMMON EXP. EC.26,1R993
NMI) THRU GENERAL INS. UND.
For. PUR 7W (Rev. 1189)
19
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MATSON INSURANCE & BONDING, INC.
6291 BIRD ROAD
MIAMI, FLORIDA 33155
INSURED
REDBONE, INC.
P.O. BOX 273
ISLAMORADA, FLORIDA 33036
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY
A
LETTER
WESTERN WORLD INSURANCE COMPANY
COMPANY
s
LETTER
COMPANY
C
LETTER
COMPANY
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LETTER
OMPANY
F
E
ETTER
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
COMPREHENSIVE FORM
INJURY
$
$
A
PREMISES/OPERATIONS
EXPLOSION&UNDERGROUND
DCOLLAPSE HAZARD
92GL405
9-3-92
9-2-93
PROPERTY
DAMAGE
$
$
PRODUCTS/COMPLETED OPERATIONS
CONTRACTUAL
INDEPENDENT CONTRACTORS
BI & PD
COMBINED
$
$ 1,000,
$1, 000,
BROAD FORM PROPERTY DAMAGE
PERSONAL INJURY
PERSONAL INJURY
$
AUTOMOBILE
LIABILITY
BODILY
ANY AUTO
INJURY (PER
(PER PERSON)
ALL OWNED AUTOS (PRIV. PASS.)
BODILY
ALL OWNED AUTOS OTHER THAN
PRIV. PASS. )
INJURY
(PER ACCIDENT)
$
HIRED AUTOS
PROPERTY
NON -OWNED AUTOS
DAMAGE
$
GARAGE LIABILITY
BI & PD
COMBINED
$
EXCESS LIABILITY
UMBRELLA FORM
BI & PD
COMBINED
$
$
OTHER THAN UMBRELLA FORM
WORKERS' COMPENSATION
STATUTORY
$ (EACH ACCIDENT)
AND
$ (DISEASE -POLICY LIMIT)
EMPLOYERS' LIABILITY
$ (DISEASE -EACH EMPLOYEE)
OTHER
UCJI.rilr I IUN Ur UrtHAI IL)NS/LUUAI IUNS/VtHIGLES/SPECIAL ITEMS
CERTIFICATE HOLDER LISTED AS ADDITIONAL INSURED
THE BOARD OF COUNTY COMMISSIONERS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX -
THE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MONROE COUNTY AND THE MONROE MAIL 1 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
COUNTY TOURIST DEV . COUNCIL LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
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