FY1997 03/19/1997Destination Events Agreement
THIS AGREEMENT is entered into this , y day of �V �, 1997,, by and
between BOARD OF COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA,
(BOCC) and the Holiday Isle Resort & 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 ($10,000) ten thousand dollars for
Islamorada Offshore Challenge covering a period of September 13, 1997 from
tourist development tax funds (See Exhibit A). County shall fund advertising and
promotional activity at up to 10% in -county with balance out of county.
2. Scope of Services: The Holiday Isle Resort & Marina agrees to
provide the County with an 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 Tourist
Development Council (TDC) and 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 Holiday Isle Resort & 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 _,Arepar:ed,
notarized and submitted by Event Sponsor. Stuart Newman Associates (or alterna— e)
shall confirm compliance with the Scope of Services.
Monroe County's performance and obligation to pay uJider this''dbntragt is
contingent upon an annual appropriation by the BOCC. Only acceptable�xpenses
listed in the Monroe County Tourist Development Council Operations ManL@ shA be
paid.
5. Accounting: Financial records of the Holiday Isle Resort & 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: No changes or modifications to this Agreement, including
but not limited to the Scope of Services, shall become effective until executed by both
parties. Line item changes to the advertising and promotion budget, shall not exceed
10% of the larger line item amount. No budget amendments are permissible once the
BOCC has approved the contract.
7. Breach and Penalties: The parties agree to full performance of the
covenants contained in this agreement, and the BOCC reserves the right at its
discretion, provided such breach is material, to terminate the services in this agreement
for any misfeasance, malfeasance, or nonperformance of the agreement terms or
negligent performance of the agreement terms by the Holiday Isle Resort & Marina .
8. Termination: 120 days after the date of the event, the agreement 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 Event Sponsor except for those reasons in paragraph 20, then
Event Sponsor agrees to refund to the BOCC any amounts already paid to them under
this agreement, and relieve the BOCC from any further payments.
The Holiday Isle Resort & Marina 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) documentation
of the reason for cancellation and 3) person authorized to cancel including title and
stated affiliation.
10. Risk of Loss: The Holiday Isle Resort & 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: The Holiday Isle Resort & Marina
covenants and agrees to indemnify and hold harmless Monroe County Board of County
Commissioners from any and all claims for bodily injury (including death), personal
injury, and property damage (including property owned by Monroe County) and any
other losses, damages, and expenses (including attorney's fees) which arise out of, in
connection with, or by reason of the services provided, event sponsored, or other
activities and funding associated with this agreement.
12. Insurance Requirements: The Holiday Isle Resort & Marina , as a pre-
requisite of the Special Event governed by this agreement, shall obtain, at its own
expense, insurance as specified in this section.
The Holiday Isle Resort & Marina shall provide to the County, no later than
20 days prior to the event, satisfactory evidence of the required insurance, either:
• Certificate of Insurance
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or
• A Certified copy of the actual insurance policy
The County, at its sole option, has the right to request a certified copy of any or
all insurance policies required by this agreement.
Acceptance and/or approval of the Holiday Isle Resort & Marina 's insurance
shall not be construed as relieving the Holiday Isle Resort & Marina from any liability
or obligation assumed under this agreement or imposed by law.
The Monroe County Board of County Commissioners, its employees and officials
will be included as "Additional Insured" on all policies.
The minimum limits acceptable for Commercial General Liability shall be:
$1,000,000 Combined Single Limit (CSL)
Recognizing that the event governed by this agreement may involve the sales
and/or distribution of alcoholic beverages, the Holiday Isle Resort & Marina 's
General Liability Insurance policy shall include Liquor Liability with limits equal to those
of the basic coverage.
A separate Liquor Liability policy is acceptable if the coverage is no more
restrictive than the Holiday Isle Resort & Marina's General Liability policy.
Any deviations from these General Insurance Requirements must be requested
in writing on the County form titled "Request for Waiver of Insurance Requirements" and
must be approved by Monroe County Risk Management.
13. Permits: The Holiday Isle Resort & Marina will secure all required
permits, licenses including but not limited to occupational licenses.
14. Taxes: The BOCC and TDC are exempt from Federal Excise and State
of Florida Sales Tax.
15. Finance Charges: The BOCC and TDC will not be responsible for any
finance charges.
16. Relation of BOCC/TDC: It is the intent of the parties hereto that the
Holiday Isle Resort & Marina shall be legally considered as an independent Event
Sponsor and that neither it nor its employees shall, under any circumstances, be
considered servants or agents of the BOCC and TDC and the BOCC and TDC shall at
no time be legally responsible for any negligence on the part of said Event Sponsor, its
employees or agents, resulting in either bodily or personal injury or property damage to
any individual, firm, or corporation.
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17. Disclosure: The Holiday Isle Resort & Marina shall be required to list
any or all potential conflicts or interest, as defined by Florida Statute 112 and Monroe
County Code. The Holiday Isle Resort & Marina shall disclose to the BOCC and
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 and TDC.
18. Assignment: The Holiday Isle Resort & Marina shall not assign,
transfer, convey, sublet or otherwise dispose of this agreement, or of any or all of its
right, title or interest therein, or his or its power to execute such agreement to any
person, company or corporation without prior consent of the BOCC.
19. Compliance with laws - Nondiscrimination: The Holiday Isle Resort &
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.
20. Force Majeure: The Holiday Isle Resort & 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 Holiday Isle Resort & Marina has 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 or BOCC, the Holiday Isle Resort &
Marina must furnish evidence of the causes of such delay or failure. The Holiday Isle
Resort & Marina shall not resume its performance hereunder unless provided for in
the Scope of Services.
21. Governina Law/Venue: This Agreement shall be governed and construed
by and in accordance with the laws of the State of Florida and the County of Monroe
and Federal law. Venue for any dispute concerning this Agreement shall be in Monroe
County.
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22. Security Protection: The Holiday Isle Resort & Marina agrees to
provide adequate security for the event. No TDC funds will be used for this purpose.
23. Ownership: All advertising and promotion work performed under the
agreement and paid for by the BOCC and TDC shall be the property of the BOCC and
TDC, for whatever use and/or disposition the BOCC and TDC may deem appropriate.
24. 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 and TDC
under this agreement.
25. Loao: 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).
26. Severability: If any provision of this Agreement shall be held by a Court
of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall
not be affected thereby; and each provision of this Agreement shall be valid and
enforceable to the fullest extent permitted by law.
27. 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 agreement for the sponsors
and c) this agreement has been approved by the sponsor's Board of Directors.
28. Ethics Clause: The Holiday Isle Resort & Marina warrants that he/it has
not employed retained or otherwise had act on his/its behalf any former County office or
employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or
employee in violation Section 3 of Ordinance No. 10-1990. For breach or violation of
this provision the County may, in its discretion terminate this agreement without liability
and may also, in its discretion, deduct from the agreement or purchase price, or
otherwise recover, the full amount of any fee, commission, percentage, gift, or
consideration paid to the former or present County officer or employee.
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29. Public Entity Crimes: "A person or affiliate who has been placed on the
convicted vendor list following a conviction for public entity crime may not submit a bid
on a contract to provide any goods or services to a public entity, may not submit a bid
on a contract with a public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to public entity, may not be
awarded or perform work as a contractor, supplier, subcontractor, or consultant under a
contract with any public entity, and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for
period of 36 months from the date of being placed on the convicted vendor list."
30. Entire Agreement: The parties agree that the Agreement above
constitutes the entire agreement between the BOCC and Holiday Isle Resort &
Marina .
IN WITNESS WHEREOF, the parties hereto have executed this agreement the
day andn««««<
(SEAL); p�PFY PUd Teresa Borras
�' < z Notary Public Sae of Florida
Attes Cotrmi n, r?�. CC 552977
6 Co.
A ` NY'L l KOLHAGE, Clerk
By
put Jerk
BBAARD OF COUNTY COMMISSIONERS
OF MONROE OU FCOR
By C
Major/ hairman
APPROVED AS TO FORM
AND LE L SUFFICIENCY.
BY E HU
DATE
0
EXHIBIT A
ISLAMORADA OFFSHORE CHALLENGE
HOLIDAY ISLE SEPTEMBER 13, 1997
TDC FUNDS
COLLATERAL
NATIONAL RADIO
PROMOTION
T-SHIRTS
RESERVES
SUB TOTAL
ADVERTISING
IN -COUNTY
OUT -OF -COUNTY
SUB TOTAL
TOTAL
$10,000
S 0
S 0
S3800
EXHIBIT B
Monroe County Tourist Development Council
AprAcation of Event Funding
January 1, 1996 through December 30, 1996
Please submit two (2) originals and twelve (12) copies of the completed
application form (pages 6 -14) as per the instructions found on pages 1 - 4.
TITLE OF EVENT: ISLAMORADA OFFSHORE CHALLANGE
VENUE: (location/City): 84001 OVERSEAS HIGH<vAY I
DATE OF EVENT: SEPTEMBER 13, 1997
Category of Event (check one)
DESTINATION EVENT 110
AMOUNT REQUESTED:
I. APPLICANT ORGANIZATION:
A. NAME OF ORGANIZATION:
ADDRESS:
TELEPHONE NUMBER:
FAX NUMBER:
YEAR LEGALLY ESTABLISHED
FEDERAL I.D. #
SUMMARIZE ORGANIZATION HISTORY
COWI7MENT TO THE EXPANSION OF
TURN KEY EVENT
$10,000.00
HOLIDAY ISLE RESORT F MARINA
84001 OVERSEAS HIGHWAY
ISLAMORADA FL 330,36
0
( 305 } 664-2321
1983
59-2327305
HOLIDAY ISLE RESORT & MARINA HA.S PRnvRN
ONLY
THRIVE WHEN TOURISM OCCURS IT IS IN THE BE
WILL BRING TOURISTS TO OUR AREA. HOLIDAY ISLE IS NOW A DE WHICH
THE STATE OF FLORIDA HAS CHANGED OUR ZONING TO SHOW /31/94.
THE AMENITIES TO SUPPORT A RESORT THAT INVITES TOURISM.GWWI'H AM EXPANSION WE HgVE PLACID
WE WILL WORK WITH TDC. BOCC AND 'THE PRIVATE SECTOR TO GUARANTEE
THE SUCCESS OF THIS EVENT.
A