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FY1992 09/18/1991BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 743-9036 ` 60UNTy CO QCU�O`R` G,D� ° a ui s• t � acnnp �L.oi�jage 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 18, 1991, the Board of County Commissioners of Monroe County approved and authorized exe- cution of a Local Major Events Agreement with Islamorada Chamber of Commerce/Holiday Isle Resorts & Marina for The Islamorada-Budweiser 100 Offshore Power Boat Race Gold Cup Championship on October 19th. Please note that this docu- ment was just received by this office today for processing and transmittal. Enclosed are two duplicate originals (raised seal) and one Xerox copy of the subject Agreement, now executed and sealed by all parties. One duplicate original should be sent to the Islamorada Chamber of Commerce and the other duplicate original should be sent to Holiday Isle Resorts & Marina. Please note Paragraph 12 concerning insurance requirements and the necessity for a certificate to be received not later than twenty days prior to the event. Sincerely yours, Danny L. Kolhage Clerk of Circuit Court and ex officio Clerk Board of County Commissioners BY : _ �Sez� Rosalie L. Co?fholly Deputy Clerk Enclosures cc: County Attorney County Administrator Finance Director File LOCAL MAJOR EVENTS AGREEMENT ISLAiOl bW CfI $ER OF COMMERCE/HOLIDAY ISLE RESORTS & MARINA THIS AGREEMENT is entered into this day of 1991, by and between BOARD OF COUNTY COMMISSIONERS, MONROE C UNTY, FLORIDA, (BOCC) and the Islamorada Chamber of Commerce and Holiday Isle Resorts & Marina. NOW, THEREFORE, and in consideration of the mutual covenants, contained herein the parties agree as follows: 1. The BOCC agrees to pay up to twenty thousand dollars ($20,000) for The Islamorada-Budweiser 100 Offshore Power Boat Race Gold Cup Championship, October 19, 1991 from tourist development tax funds. (See Exhibit A) 2. Scope of Services: The Islamorada Chamber of Commerce and Holiday Isle Resorts & Marina agree to provide the County with a one (1) 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 Islamorada Chamber of Commerce and Holiday Isle Resorts & Marina 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. 1 5. Accounting: Financial records of the Islamorada Chamber of Commerce and Holiday Isle Resorts & Marina 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 Islamorada Chamber of Commerce and Holiday Isle Resorts & Marina. 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 Islamorada Chamber of Commerce and Holiday Isle Resorts & Marina except for those reasons in paragraph 21, then the Islamorada Chamber of Commerce and Holiday Isle Resorts & Marina agree 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 Islamorada Chamber of Commerce and Holiday Isle Resorts & Marina agree 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 Islamorada Chamber of Commerce and Holiday Isle Resorts & Marina, agree 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 Islamorada Chamber of Commerce and Holiday Isle Resorts & Marina employees and/or agents, including related court costs. 12. Insurance Requirements: The Islamorada Chamber of Commerce and Holiday Isle Resorts & Marina, 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 Islamorada Chamber of Commerce and Holiday Isle Resorts & Marina, 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 Islamorada Chamber of Commerce and Holiday Isle Resorts & Marina 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. axes: 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 Islamorada Chamber of Commerce and Holiday Isle Resorts & Marina, 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 BOCCfMC 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 Islamorada Chamber of Commerce and Holiday Isle Resorts & Marina shall be required to list any or all potential conflicts or interest, as defined by Florida Statute 112 and Monroe County Ethics Ordinance. The Islamorada Chamber of Commerce and Holiday Isle Resorts & Marina, 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 Islamorada Chamber of Commerce and Holiday Isle Resorts & Marina, 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 Islamorada Chamber of Commerce and Holiday Isle Resorts & Marina, 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 Islamorada Chamber of Commerce and Holiday Isle Resorts & Marina, 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 Islamorada Chamber of Commerce and Holiday Isle Resorts & Marina, 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 Islamorada Chamber of Commerce and Holiday Isle Resorts & Marina, must furnish evidence of the causes of such delay or failure. The Islamorada Chamber of 0 Commerce and Holiday Isle Resorts & Marina, 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 Islamorada Chamber of Commerce and Holiday Isle Resorts & Marina. 23. Security Protection: The sponsor agrees to provide adequate security for the event. No TDC funds will be used for this purpose. 24. Anti solicitation: The Islamorada Chamber of Commerce and Holiday Isle Resorts & Marina 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: 5 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. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. NOfAtI,��ltJeL1G, ET/QE OF ROMA (SEAL) Now E4't sa�ye wesc� Attest: $wayCo. (SE ) Attest: Islamorada Chamber of Commerce olid e" Resorts & Marina MJSIX STATE OF "IDA At La Commission Exiros Nov..?B 1 4 Bonded Co. By weawn Surety Att tDAN LZIAGE, Clerk - .. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MAYOR/CHAIRMAN APPROVED AS TO FORM AND, EGA- SUFFICE Y. - 7 B � / ` Attane s 0*0 Date `� / -;�- ':�Zj_ on EXHIBIT 'A' THE ISLAMORADA-BUDWEISER 100 OFFSHORE POWER BOAT RACE GOLD CUP CHAMPIONSHIP - OCTOBER 19, 1991 ADVERTISING: IN -COUNTY $ 2,145.00 OUT -OF -COUNTY 99120.00 RADIO: IN -COUNTY $ 29070.00 OUT -OF -COUNTY 89500.00 $ 219835.00 7 EXHIBIT "B" 1991 SCHEDULE OF EVENTS ISLAMORADA BUDWEISER 100 Thursday, October 17 OPBRA staff arrives at Holiday Isle Check & Sweep, Patrol & Medical Boat Captains and Scorers meeting at the Quarterdeck 6pm Volunteer Appreciation Party & BBQ at Kokoino Beach 7 P m Friday, October 18 Registration in Quarterdeck gam Inspection on trailors at Harbor Lights gam Medics Meeting at the Quarterdeck 3pm Live remote broadcast to Meet the Racers 3pm at the Tiki Bar Registration ends 4pm Inspection ends 4pm Mandatory drivers meeting at the Quarterdeck 5pm Meet the Racers Cocktail Party at the Quarterdeck 7pm Saturday, October 19 Mandatory physicals 8am at the Quarterdeck Mandatory drivers meeting at the Quarterdeck loam Press registration loam at the Houseboat Mandatory FAA meeting for Pilots at the Quarterdeck lam Press Boat Departs I lam Race Boats depart 1 am Race Starts Noon 12 Noon Awards Presentation at Centerstage 5pm Children's Shelter Benefit Giveaway at Centerstage 5pm Sunday, October 2 p Racers and Staff check out 1 lam SIVORN STATE.ME.NT UNDER SECTION 287.133(3)(2), FLORIDA-STATUTES, ON PUBLIC ENTTTl' CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. C� L 'This sworn statement Is submitted with Bid, Proposal or Contract No. for Z This sworn statement is submitted by [name of eatdty submitting sworn statement] whose business address is -T 3363 (if applicable) its Federal Employer Identification Number TEIN) Is -. %30 � (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 3. My name i%n• L !please print name of lndlridoW sisigning] ( and my relationship to the entity named above Is S e C,,a Q�K 4. I understand that a 'public entity crime' as defined in Paragraph 287.133(1)(g), Florida Statutes-, 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 sate or of the United States and involving antitrust, fraud, thef4 bribery, collusion, racketeering, conspiracy, or material misrepresentation. S. I understand that'cenvicted' or'eonviction' as defined in Paragraph 287.133(1)(b). Florida Statutes_ means a finding of guilt or a conviction of a public entity crime, with or Without an adjudication of Pill, 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 trial, or entry of a plea of guilty Of nolo contendere. 6. I understand that an 'affifate' as defined in Paragraph 287.133(1)(a), Florida Statutes_ means: L a predeoctsor 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 entin, and 'who its: been convicted of a public entity crime. 'The term 'a ' ' of8xrs, dirators, executives, partners, shareholders, employees,� RMIM member-! in the management of an affiliate. The ownership by one person of shareg„ 1WN interest in another person, or a pooling of equipment or income among personNwmnlot 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 applja to transact business with a public entity. The term 'person' includes those officers, directors, executivi's; partners, shareholders. empiovees, 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 �o the entity submitting this sworn statement. (Please indicate which statement applies J .." .'.'•r "'u••+�•�+w� ►•W awyxu 4l4iClTiC[1 L, nor partners, shareholders, emplovees, members; or agents who are active in maOfficersnagement oaf the entity, . 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 -one; of 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, Al2 [Please indicate which additional statement applies.] 'There has been a proceeding concerning the conviction before a hearing• ottker of the State of Florida, Division of Administrative Hearings. auach a copy of the final order.] The final order entered by the hearing officerer did not place the person or of ffata on the convicted vendor list. [Please The person or Affiliate was befo subsequent proceeding befoplaced on the convicted vendor Iist. 'There has been a re a hearing of$Gcer of tha State of Florida. Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public Interest to removq the person or affiliate from the convict [Please attach a copy of the final order.] ed vendor list. _� The person or affiliate has not been placed on the convicted vendor list. [Please describe any action taken by or pending wlth_�Department of Gil Services.] jlstgnaturej ( ` Date: , STATE OF COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, .' Who. after first being sworn b [name individnal signingj y me,.affixed his/her Signature in the space provided above on this day of 19 C My commission expires: NOTARY PUB: &*I� M"ate t Ile Forte PUR 7068 (Rev.11/89) c 3 CERTIFICATE OF INSURANCE AMERICAN POWER BOAT ASSOCIATION CERTIFICATEHOLDER OFFSHORE POWERBOAT RACING ASSOCIATION (OPBRA) ART KRINER 3917 ADAMS STREET HOLLYWOOD, FL 33021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATEHOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCER INSURED American Specialty Insurance Group, Inc. American Power Boat Association 142 North Main Street 17640 E. Nine Mile Rd., P.O. Box 377 Roanoke, IN 46783 East Detroit, MI 48021 ADDITIONAL INSURED PLEASE SEE ADDENDUM COMPANIES AFFORDING COVERAGE COMPANY A General Star Indemnity Any Participant except employees and officials of the racing program, but only with respect to bodily injury or property damage to persons other than another Participant or employee. Any person or organization engaged in operating, managing, sanctioning, or COMPANY B Federal Insurance Company sponsoring the insured racing program, or providing the premises for the racing program including the officials of the racing program. COMPANY C COMPANY D COVERAGES - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOT WITHSTANDING 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 CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER COVERAGE EFF. DATE (MM/DD/YY) COVERAGE EXP. DATE (MM/DD/YY) ALL LIMITS IN THOUSANDS A Commercial General Liability' IYG 300760 12:01 AM 11:59 PM Each Occurrence $1,000 Prod-Comp-Ops Agg. $1,000 Pars. & Ad. Injury Agg. $1,000 Fire Legal Liability $50 Participant Legal Liab. $1,000 Non -Owned Air Legal Expense $25 Unintentional E&O $50 Property Damage Legal Exp. Part. Race Vehicle $25 Property Damage Official Watercraft $50 A Excess Liability' IXG 300560 Each Occurrence —0— Prod-Comp-Ops Agg —0— Pars. & Ad. Injury Agg. —0— B Participant Accident' • 6404-85-51 12:01 AM 11: 59 PM AD&D $7.5 Excess Medical $7.5 Perm. & Total Disability 1$7.5 ADDITIONAL INFORMATION/ I "Participant Accident coverages are provided only for "Participants" RESTRICTIONS/SPECIAL ITEMS as defined in the policy and not for any other person or additional insured who is not also a "Participant." *Coverage EXCLUDES Liquor Liability *Coverage INCLUDES One Day Set Up and One Day Tear Down AME OF EVENT: ISLAMORADA/BUDWEISER 100 CANCELLATION - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS' WRITTEN NOTICE TO THE CERTIFICATEHOLDER , BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. 42ay e a• 4") DATE ISSUED OCTOBER 14, 1991 David A. Harris, Executive Vice President, American Specialty Insurance Group, Inc. PB 229 Authorized Representative CERTIFICATE NUMBER Form No. ASIG-APBA-Cart (1/91) - PB American Specialty Insurance Group, Inc. AMERICAN POWER BOAT ASSOCIATION CERTIFICATE OF INSURANCE ADDENDUM OFFSHORE POWERBOAT RACING ASSOCIATION (OPBRA) ISLAMORADA/BUDWEISER 100 ISLAMORADA, FLORIDA OCTOBER 19, 1991 As respects the event described in the attached Certificate of Insurance, the following are included as Additional Insured, but only as respects claims occurring as a result of the Named Insured's operations pertaining to a covered event: 1.) Holiday Isle Resort & Marina - only as respects it's interests, Excluding Liquor Liability, as sponsor in connection with this APBA event 2.) Islamorada Chamber of Commerce - only as respects it's interests as sponsor in connection with this APBA event 3.) Monroe County - only as respects it's interests as sponsor in connection with this APBA event 4.) Monroe County Tourist Development Council - only as respects it's interests as sponsor in connection with this APBA event It is understood and agreed that the minimum standards as required by the insurance coverage conditions will be in full force and effect in order for this coverage to be provided.