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FY1992 03/11/1992s BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 743-9036 �"�ouNry� s c �VJ•�b;JMI cu'�QGF �G9 a ur s o �o wannp 1. Rotbage CLERK OF THE CIRCUIT COURT BRANCH OFFICE MONROE COUNTY P.O. BOX 379 500 WHITEHEAD STREET PLANTATION KEY, FLORIDA 33070 KEY WEST, FLORIDA 33040 TEL. (305) 852-9253 TEL. (305) 294-4641 March 24, 1992 Mrs. Sandra Hiqgs Monroe County Tourist Development Council 3406 North Roosevelt Boulevard Key West, FL 33040 Dear Mrs. Higgs: On March 11, 1992, the Board of County Commissioners of Monroe County approved and authorized exe- cution of a Local Major Events Agreement with Holiday Isle Resorts & Marina in the amount of $15,000.00, DAC IV, Two Penny Events for the Islamorada/Busch World Cup Championship Race on May 2/3, 1992. 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. One of these documents should be sent to Holiday Isle; the other is for your own files. Sincerely yours, T Danny L. Kolhage Clerk of Circuit Court and ex officio Clerk Board of County Commissioners By: �Z Rosalie L. Co, olly Deputy Clerk Enclosures cc: County Attorney County Administrator w/o document Finance Director Risk Management Films LOCAL MAJOR EVENTS AGREEMENT HOLIDAY ISLE RESORTS & MARINA THIS AGREEMENT is entered into this 11 th day of March _, 1992, by and between BOARD OF COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA, (BOCC) 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 fifteen thousand dollars ($15,000) for the Islamorada-Busch World Cup Championship Race - May 2-3, 1992 from tourist development tax funds. (See Exhibit A) 2. Scope of Services: Holiday Isle Resorts & Marina agrees to provide the County with a two (2) 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 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. 5. Accounting: Financial records of 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. 1 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 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 Holiday Isle Resorts & Marina except for those reasons in paragraph 21, then Holiday Isle Resorts & Marina 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: Holiday Isle Resorts & Marina 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: Holiday Isle Resorts & Marina, 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 Holiday Isle Resorts & Marina employees and/or agents, including related court costs. 12. Insurance Requirements: 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 4 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. 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: . 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 Char es: 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 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. 18. Disclosure: 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. 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: 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. 3 20. Compliance with laws - Nondiscrimination: 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: 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 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, Holiday Isle Resorts & Marina, must furnish evidence of the causes of such delay or failure. 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 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: 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 El 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 BOCCITDC 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. IN WITNESS WHEREOF, the pa s here o have e ut d t agreement the day and year first above written. i (SEAL) NOTARY STATE MY COMMISSIONEXP RES PRID LARGEA AT 26, 1993J Att St: BONDED BYFIDELITY&DEPOSIT CO. MD hiolay le Resort & Manna 82 SEAL ) A t t e DANNY L. KOLHAGE, Clerk MONROE COUNTY BOARD OF COUNTY COMM1SS10 S MAYOR/CHAIRMAN Approved s to form and 1 1 fficiency: By: c Date: 5 EXHIBIT 'A' THE 1SLAMORADA-HOLIDAY ISLE GRAN PRIX SERIES ADVERTISING: IN -COUNTY $ 1,500.00 OUT -OF -COUNTY 69500.00 RADIO: IN -COUNTY $ 1,000.00 OUT -OF -COUNTY 3,000.00 PUBLIC RELATIONS: 1,000.00 PRODUCTION COSTS: 29000.00 $ 159000.00 0 ra.4.: e ISLAMORADA BUSCH WORLD CUP CHAMPIONSHIP RACE SCHEDULE OF EVENTS Friday, May 1, 1992- 7-9:30 Registration of Racers Saturday, May 2, 1992 7-8:30 Racer Check In 7-8:30 Safety Inspections 9:30 Amateurs Meet 10:00 Amateur Practice 10:30 National Anthem 10:45 Closed Course 1:30 Free Style 2:30 Finals 6:00 Awards Sunday, May 3, 1992 7-8:30 Racer Check In 7-8:30 Safety Inspections 9:30 Riders Meet 10:00 Pro & Expert Practice 10:30 National Anthem 10:45 Closed Course 1:00 Free Style 2:00 Finals 7:00 Awards SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA E`TH\\ICS 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 formezCo�inty,gffijoe'r g(r_,gfilployee. / ( igndt-lurdj �/ Date(. ,211k2- STATE OF COUNTY OF PER ONALLY APPEARE BEFORE 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 1y_10/1_____._day of Jl 19q NOTARY PUBLIC My commission expires: NOTARY PUB!_ IC, STATE OF FLORIDA AT LARGE MY COMW ' :., , "PIRES APRIl26,1993 BONDED BY Fi'�ELW: DEPOSIT CO.OF MD S«'ORN STATEMENT UNDER SECTION 28;.133(3)(a), ON PUBLIC FNTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICE AUTHORIZED TO ADMINISTER OATHS. R C� 1• This sworn statement Is submitted with Bid, Proposal or Contract No. for 2• 'This sworn statement is submitted by�� _ p � (name of city submitting sworn statement) whose business address IsaL= and (if applicable) its Federal Employer Identification Number (FEN) bQ - 'D3 2 73 O < (If the entity has no FEIN, include the Social Security Number of the individual signing BigO� 3• My name is 7�') (pleas print name of Individual slgnlo and my relationship to the entity named above is ' CA �- 4• I understand that a 'public entity crime* as defined in Paragraph 287.133 1 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 l e othe state or with the United States, including, but not limited to, any bid or contract forany oods or sor ofervices to be provided to any public entity or an agency or political subdivision of any other state C , the United States and conspiracy, Involving antitrust, fraud, theft, bribery, collusion, racketeering, cospirary, or material misrepresentation. g, S• I understand that "convictel' or 'conviction' as defined in Paragraph 287.133 1 to means a finding of guilt or a conviction of a public entity crime, with or Without adjudication guilt, In any federal or state trial court of record relating to charges brought b Indictment f information after July 1, 1989, as a result of a jury verdict, nonjury trial, or en of a lea or or nolo contendere. try p of guilty 6• I understand that an 'affillate' as defined in Paragraph 287.133 1 a ( )( ), Florida Stawtes means: I. A predecessor or successor of a person convicted of a public entitycrime: or Z An entity undet the control of any natural person who is activin the management of the entity and Who ha,' been convicted of a public entity officers, directors, executives, partners, shareholders, eployees, members, anterm d agents who are those In the management of an affiliate. The ownership by one person of shares constitutinga controlling g active Interest in another person, or a pooling of equipment or Income among persons whn not for i market value under an arm,$ length agreement, shall be a prima facie case that one person another person. A person who knowingly enters into a joint venture with a persowho �ntron convicted of a public entity crime in Florida during the preceding 36 months shall be consider been affiliate. . 7• 1 understand that a 'person" as defined in Paragraph 287.133 1 natural person or entity organized under the laws of any state or of the United States with ai power to enter into a binding contract and which b O(e), Florida Statutes, means any Of goods or services let by a public entity, or which bids trransacts Or p lies to tto bid on contracts ca the p ovis on with a public entity. The term `person" includes those officers, directors, executivq, partners, shareholders, emplovees, members, and agents who are active In management of an enti . 8. h. ' 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 ;worn 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 been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or .,ono 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, AM [Please indicate which addltlonal 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 anal 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 its the public Interest to remove the person or affiliate from the convicted vendor list. [Please attach a copy of the anal order.] The person or affiliate has not been placed on the convicted vendor list. [Please describe any action taken by or pending wi�" Department "neral Se{vices.j STATE O 16�L) COUNTY OF 2a=.&E, PERS NALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me. affixed his/her signature name gof Individual signs g] in the space provided above on this day ojjQW19. My commission expires: NOTARY PUBLIC, STATE OF FLORIDA AT LARGE MY COMMISSION EXPIRES APRIL 26,1993 80NDED BY FIDELITY � DEPOSIT CO OF For. -a PUR 7068 (Rev. 11/89) A? : i- F; " rA+ 4 C 1 CERTIFICATE OF INSURANCE AMERICAN POWER BOAT ASSOCIATION CERTIFICATEHOLDER WATERCROSS INTERNATIONAL, INC. CHRIS LAUBER 6161 7TH AVENUE N 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 Any Participant except employees and officials of the racing program, COMPANY A General Star Indemnity 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 - A 4/30/92 12:01 A.M. 5/4/92 12:01 A.M. Each Occurrence $1,000 Prod-Comp-Ops Agg. $1,000 Pars. & Ad. Injury Agg. $1,000 Fire Legal Liability $50 Participant Legal Lieb. $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 1 Excess Liability* IXG300560 - A Each Occurrence —0— Prod-Comp-Ops Agg Pars. & Ad. Injury Agg. B Participant Accident* 6404-85-51 4/30/92 12:01 A.M. 5/4/92 12:01 A.M. AD&D $7.5 Excess Medical $7.5 Perm. & Total Disability $7.5 ADDITIONAL INFORMATION/ ` "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 LOCATION: ISLAMORADA, FLORIDA 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 SHl,LL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. a - David A. Harris, Executive Vice President Authorized Representative, American Specialty Insurance Group, Inc. DATE ISSUED APRIL 16, 1992 CERTIFICATE NUMBER APBA-92—SP-005 REVISED 1 Form No. ASIG-APBA-Cert (1.1 /91) - PB PRODUCER American Specialty Insurance Group, Inc. 142 N. Main Street Roanoke, IN 46783 INSURED American Power Boat Association 17640 E. Nine Mile Road P.O. Box 377 East Detroit, MI 48021 AMERICAN POWER BOAT ASSOCIATION CERTIFICATE OF INSURANCE ADDENDUM WATERCROSS INTERNATIONAL, INC. ISLAMORADA, FLORIDA FROM: 4/30/92 - 12:01 AM TO: 5/4/92 - 12:01 AM 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 - only with respect to the negligence caused by the American Power Boat Association, it's members, affiliates, and event sponsors in connection with this APBA event 2.) MONROE COUNTY TOURIST DEVELOPMENT COUNCIL - only with respect to the negligence caused by the American Power Boat Association, it's members, affiliates, and event sponsors in connection with this APBA event 3.1 ANHEUSER-BUSCH - only with respect to the negligence caused by the American Power Boat Association, it's members, affiliates, and event sponsors in connection with this APBA event 4.) BOMBARDIER, INC. - only with respect to the negligence caused by the American Power Boat Association, it's members, affiliates, and event sponsors in connection with this APBA event 5.) WESTCOAST PERFORMANCE USA - only with respect to the negligence caused by the American Power Boat Association, it's members, affiliates, and event sponsors in connection with this APBA event 6.) R & R JET TECH - only with respect to the negligence caused by the American Power Boat Association, it's members, affiliates, and event sponsors in connection with this APBA event 7.) MONROE COUNTY - only with respect to the negligence caused by the American Power Boat Association, it's members, affiliates, and event sponsors 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.