FY1993 04/01/1992iDannp 1L. Rotbap
BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE
3117 OVERSEAS HIGHWAY MONROE COUNTY P.O. BOX 379
MARATHON, FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY, FLORIDA 33070
TEL. (305) 743-9036 KEY WEST, FLORIDA 33040 TEL. (305) 852-9253
TEL. (305) 294-4641
April 13, 1992
Mrs. Sandra Higgs
Monroe County Tourist Development Council
3406 North Roosevelt Boulevard
Key West, FL 33040
Dear Mrs. Higgs:
On April 1, 1992, the Board of County
Commissioners of Monroe County approved and authorized exe-
cution of a Local Major Events Agreement with Holiday Isle
Resorts and Marina in the amount of $5,000.00, DAC IV, Two
Penny Events for the Islamorada/Holiday Isle Gran Prix
Series on October 18, 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,
Danny L. Kolhage
Clerk of Circuit Court
and ex officio Clerk
Board of County Commissioners
By: '
Rosalie CoTinolly
Deputy Clerk
cc: County Attorney
County Administrator w/o document
Finance Director
Risk Management
File
.92 `. `; % LOCAL MAJOR EVENTS AGREEMENT
HOLIDAY ISLE RESORTS & MARINA
THIS AGREEMENT is entered into this /St' day of 1992, by
and between BOARD OF COUNTY COMMISSIONERS, MONROE C&NTY, 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 five thousand dollars ($5,000) for the
Islamorada-Holiday Isle Gran Prix Series, October 18, 1992 from tourist
development tax funds. (See Exhibit A)
2. Scope of Services: Holiday Isle Resorts & Marina agrees 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 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 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 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.
2
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
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 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
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: 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.
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.
N
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, 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 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
LYNDA L MORTENSEN
'SEAL) &V9s E*APR 261993
Attest: I
COMM NAA6W396
(SEAL)
Att t: DANNY L. KOLHAGE, Clerk
�•
MONROE COUNTY BOARD OF COUNTY COMNIISSIONERS
MAYOR/CHAIRMAN
2
EXHIBIT 'A'
THE ISLAMORADA-HOLIDAY ISLE GRAN PRIX SERIES - OCTOBER 17,
1992
PRINT ADVERTISING:
IN -COUNTY $ 19000.00
OUT -OF -COUNTY 19000.00
RADIO:
IN -COUNTY $ 500.00
OUT -OF -COUNTY 29000.00
PRODUCTION CHARGES: 500.00
$ 59000.00
FA
EXHIBIT 'B'
SCHEDULE OF EVENTS
ISLAMORADA HOLIDAY ISLE GRAN PRIX SERIES
Saturday Evening - Racers and Officials begin arriving in Islamorada
Sunday 8 a.m. - 10 a.m. Racers register in the Quarterdeck Lounge
10:30 a.m. Drivers meeting in Quarterdeck - all
drivers must be present.
Noon First heat of races begin
4:00 p.m. Races end
5:00 P.M. Awards Ceremony Begins
N.
SWORN STATUIMT UNDER SECTION 287.133(3)(a),
EL&RIDA-61MM ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF'A NOTARY PUBLIC OR OTHER OFF
AUTHORIZED TO ADMINISTER'OATHS. OFFICER
c�
1. This sworn statement is submitted with Bid, Proposal or Contract No.
for
2. This sworn statement Is submitted by—"-- �--.
�c (t �Jnsm�eor lily submitting snore statement]
whose business address Isp `i(S'� S �C
(if applicable) its Federal Employer Identification (FEIN) is 73os Number �u
�9 �� `
(If the entity has no FEIN, Include the Social Security Number of the individual signing BigOrn
3. My name is r •)
[please tint name of individual signingj and my relationship to the
entity named above is _ 5P-4%L l ,n I n —, -,
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 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
C , or of the United States and involving antitrust, fraud, theft, bribery, Collusion, racketeering,
conspiracy, or material misrepresentation. g,
S. I understand that'convictei' Or 'conviction' as defined In Paragraph 287.13
means a finding of guilt ors conviction of a public entity crime, with or without an adjudication of
guilt, in a�► federal or state trial court of record relatingto h 3(1)(b)� iO da Stah,cec
information after July 1, 1989, as a result of a Jury verdict, onjury trigs or envy of a Indictment r
or nolo contendere. guilty
6. I understand that an'affiliates as defined in Paragraph 287.133 1)( a
I. A predecessor or successor of a person convicted of a (), Florl a � tes means:
2. An entity under the control of any natural person who is active Innthe management of t
entity and 'who ha< been convicted of a public entity crizn g he
officers. directors, executives, partners, shareholders, employees, members, and agent;, hoft ova
gat ,'atHUate•
are
In the management of an affiliate. The ownershipb �'
interest in another person, or a pooling of equipment or in °n of shares , titut ' `
market value under an arm's length agreement, shall be a 'tt C t ling
tie among persons a ert; on f fair
another person. A person who knowingly enters into a Joint venture with a person w
Convicted of a public entity crime in Florida during the rptima facie case that one person cotnrols
en
affiliate. g p eceding 36 months shall be considered an
7• . understand that a 'person* as defined in Paragraph 287.133 1of e
natural person or entity organized under the laws of any state or the heUnited States with the legal
means any
power to enter info 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 basin
with a public entity. Ile term 'person' includes those officers, directors, executiv
shareholders. employees, members, and agents who are active in management of an entity.
ess
C�, partners,
8• Based on information and belief, the statement which I have marked below is true In rely .
entity submitting this sworn statement. [Please Indicate which statement applies) lion to the
,r—•
1S Neither the entity submitting this sworn statement, y nor an ' 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 gild 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, C
executives, partners, shareholders, employees, members, of 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 Copp 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 9( General Services.]
COUNTYSTATE OF
• �•
PERSONALLY —APPEARED BEFORE ME, 1hC undersigned authority,
A/ 14
4ameVAndd—vidual
who, after first being swornby me, affixed his/her signature
signing) �
in the space provided above on this day of «�'[�4 19
My commission expires:
LYNDA L MORTENSEN
Nobly Public -State of Ronda
0*Commis W Expires APR 26,1993
OOMM tt AA 668398
Form PUR 7068 (Rev. 1189)
C
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
"C)�C.?V' G-L a�JISL 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 f mer C9unty� �%79 ployee.
P am
;7 - •
e ,
STATE OF r�
COUNTY OF
PER ONALLY APPEARED 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 .
NOTARY PUBLIC
My commission expires:
-------------------
LYNDA L MORTENSEN
NMy PWft4 b d R *dda
My OF, deelon Errs APR 26,1993
FURTHER CLARIFICATION RE: PERMITS:
In addition to the requirements outlined in the TDC Event contract,
the Monroe County Board of County Commissioners requires Event
Coordinators to adhere to the following stipulations, where
applicable, as it relates to an event taking place in the Florida Keys
and Key West:
necessary clean up
El placement of traffic cones spaced 50' apart along the entire
section of road (where applicable)
barricades on side streets, 'easements, and driveways
prohibiting access onto closed_ section of roadway (where
applicable)
policemen directing traffic at beginning and ending of course,
and also at -intersecting streets (where applicable)
public notice given through handouts and announcements to
those effected by road closing (where applicable)
El contact Emergency Rescue agencies
supply proper insurance and hold harmless agreement as
outlined in contract