FY1993 04/01/1992BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 743-9036
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CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
April 15, 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 April 1, 1992, the Board of County
Commissioners of Monroe County approved and authorized exe-
cution of a Local Major Events Agreement with the Islamorada
Chamber of Commerce and Holiday Isle Resorts & Marina in the
amount of $20,000.00, DAC IV, Two Penny Events for the
Islamorada/Holiday Isle Offshore Power Boat Race
Championship.
BY COPY OF THIS LETTER TO RISK MANAGEMENT, WE ARE
CALLING TO THEIR ATTENTION AS WELL AS TO YOUR ATTENTION THE
INSURANCE REQUIREMENTS SET OUT IN SECTION 12 OF THIS
AGREEMENT.
Enclosed are two duplicate originals of the sub-
ject Agreement, now executed and sealed by all parties.
Sincerely yours,
Danny L. Kolhage
Clerk of Circuit Court
and ex officio Clerk
Board of County Commissioners
By: Za. - v=5
Rosalie L. nnolly
Deputy Clerk
cc: County Attorney
County Administrator w/o document
Finance Director
Risk Management
File
LOCAL MAJOR EVENTS AGREEMENT
ISLAMORADA CHAMBER OF COMMERCE/HOLIDAY ISLE RESORTS & MARINA
THIS AGREEMENT is entered into this IS't day of , 1992, 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 17, 1992 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 TDCIBOCC. 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. 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
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 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 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
4
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. Antisolicitation: 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, 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.
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 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 literature 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:
W
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 h ve executed this agreement
the day and year first above written.
~ Votary rul,r-,s, State of Fierido
SEAL - .
) My � v,,.n•,��s+:•� Expires, Nov. '1 ), 1, 9r3
C,-1 -I �f �� Tf Fain •Insurance Inc.
Attest:
Islamorada Chamber --of Com
LPNOtffy
YNDA L. MORTENSEN
Public -State of Florida
(SEAmission Expires APR 26,1993
COMM 1t AA 668398
Attes Holi y sle Resorts & i
(SEAL)
Att :DANNY-L. YQLHAGP,, Clerk
Av
MONROE COUNTY BOARD OF COUNTY COMvIISSIONMS
MAYOR/CHAIRMAN
By
Data _ _
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EXHIBIT 'A'
THE ISLAMORADA-BUDWEISER 100 OFFSHORE POWER BOAT RACE
GOLD CUP CHAMPIONSHIP - OCTOBER 17, 1992
PRINT ADVERTISING:
IN -COUNTY $ 2,000.00
OUT -OF -COUNTY 69000.00
RADIO:
IN -COUNTY $ 39000.00
OUT -OF -COUNTY 49000.00
PUBLIC RELATIONS EXPENSES 19500.00
TROPHIES 39000.00
PRODUCTION 500.00
$ A000.00
7
EXHIBIT "B"
1992 SCHEDULE OF EVENTS
Islamorada-Budweiser 100
'Thursday, Oci.ober 15
01-13RA staff arrives at Holiday Isle
Check & Sweep, Patrol & Medical Boat Captains and
Scorers meeting at the Quarterdeck 6pm
Volunteer Appreciation Party & BBQ
at Kokomo Beach 7pm
Friday, October 16
Registration in Quarterdeck
9anl
Inspection on trallors at
Harbor Lights
gam
Medics Meeting at the Quarterdeck
3pm
Live remote broadcast to Meet the Raters
3pni
at the TIM Bar
Registration ends
4pin
lnspection ends
4pm
Mandatory drivers meeting
at the Quarterdeck
5pm
Meet the Racers Cocktail Party
at the Quarterdeck
7pm
Saturday, October 17
Mandatory physicals
Sam
at the Quarterdeck
Mandatory drivers meeting
at the Quarterdeck
10am
Press registration
at the Houseboat
10am
Mandatory FAR meeting for Pilots
at the Quarterdeck
] lam
Press Boat Departs
1 lain
Race Boats depart
] 1:30am
Race Starts
12 Noon
Awards Presentation
at Centerstage
5pm
Children's Shelter Benefit Giveaway
at Centerstage
5pm
Sunday, October 18
Racers and Staff check out 11 am
FURTHER CLARIFICATION RE: PERMITS:
In addition to the requirements outlined in the TDC Event contract,
the Monroe County Board of County Commissioners requites 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, 6a_sements, 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)
El contact Emergency Rescue agencies
El supply proper insurance and hold harmless agreement as
outlined in contract
FLORIDA-STA=ES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER
AUTHOR= TO ADMINISTER OATHS.
1.
2.
This sworn statement is submitted with Bid, Proposal or Contract No.
for
This sworn statement is submitted by
whose business address is
[name of edtitY subtaltting sworn statemen
C)k, u. . 1
smc�Y r� r l and
(If aPPileable) its Federal Employer Identification Number (FEIN) is '730J
(If the entity has no FEW, include the Social Security Number of the individual signing this sworn
statement: — )
3. My name isand my relationship to the
[please print name of individual signing]
entity named above Is `
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 Peru with respect to and d&=Uy 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 �-,ad Involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
S. I understand that'convicted' or 'conviction• as defined In ?=graph 287.133(1)(b). Florida Stam=
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 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 gtn3ty
or nolo contenders.
6. I understand that an 'al$11ate' as defined in Paragraph Z87.133(1)(a), Florida Statutes. means:
L A predecessor or successor of a person convicted of a ,public entity Wit ,_ 9t
Z. An entity under the control of any natural person who is active in the management aof the
entity and Who act: been convicted of a public entity crime. The term &.2fMf2te' includes those
ofQars, directors, acectttives, 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 arms 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 Para h. 287.133 1 e
natural person or entity organized under the laws of any state of of th�e�ted States eWith the legss. means !
power to enter into a binding contract and which bids or applies to bid on contracts for the p; ovision
Of goods or services let by a public entity, or which otherwise transacts or applies to transact business
with a public entity. 7be term 'person' includes those officers, directors, executivgs, partners,
( shareholders, emplovees, members, and agents who are active in management of an entity.
& Based on information and belief the statemen
t which I have marked below is true In relation to the
entity submitting this sworn statement. (Please lndicnte which statement applies j
Nar"lerS, shareholders, empioveeS, members; or agents who are active in management of the eetit ,
nor any affiliate of the entity have brcn 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 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. 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 order.] -
The person or affiliate has not been placed on the convicted vendor list. [Please
describe any action taken by or pending with the Department General Services.]
r
PERSONALLY APP ED BEFORE ME, the undersigned authority, •-
who, after first being sworn by me,• affixed his/her signature
[ me of indlAiduaLl siOng)
In the space provided above on this 13 f .Y� day of 9� ,
M;
LYNDA L. MORTENSEN
Notary Public -State of Florida
Mp commission Expires PPR 26J993
COMM # AA 668398
Fo .. PUR 7068 (Rev. 11/89)
nusnxr runLic;
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
"warrants that he/it has not employed,
retained or otherwise had act on his/its behalf any former County officer
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 6rmer'\Co� nt^ (o,,f f is,Ar fiXemployee.
/! ( si4iiatlure )/
STATE OF
--
COUNTY OF
PE ALLY APPEARED B FORE ME, the undersigned authority,
who, after first being sworn by me,
affixed his/her signature (name of individual signing) in the space
provided above on this day of
19_ 9A .
NOTARY PUBLIC
My commission expires:
E
A 1 MORTENSEN
Punuo• M of Floridaion E*ft APR 26,1=
MM # AA GUM