FY1998 05/13/1998 41/4S c5
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BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE
3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY
MARATHON,FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY,FLORIDA 33070
TEL.(305)289-6027 KEY WEST,FLORIDA 33040 TEL (305)852-7145
FAX(305)289-1745 TEL. (305)292-3550 FAX(305)852-7146
FAX(305)295-3660
MEMORANDUM
TO: Lynda M. Stuart, Office Manager
Tourist Development Council
FROM: Ruth Ann Jantzen, Deputy Clerk .er"
DATE: May 26, 1998
SUBJECT: Executed Agreements
At the May 13, 1998 County Commissioner Meeting, the Board granted approval
and authorized execution of the following documents:
Amendment to Agreement between Monroe County and Florida Keys Renaissance
Faire, Inc.,covering the Pirates in Paradise Festival, in an amount not to exceed
$12,760.00,FY 98, allocated under the Cultural Umbrella, to change the date of
the event from May 2-3, 1998, to November 21-22, 1998, and the venue for the
event from Sombrero Beach, Marathon, to the Buccaneer Resort and Marina in
Marathon. All other provisions of the agreement dated October 15, 1997 shall
remain in full force and effect.
Funding Agreement between Monroe County and the Italian Fisherman
Restaurant Cudawear All Release Flats Tournament on August 7-9, 1998, in
an amount not to exceed $2,000.00,FY 98, Two Penny,allocated under the
Fishing Umbrella.
Destination Events Agreement between Monroe County and Holiday Isle Resort &
Marina covering the "Islamorada Offshore Challenge" on October 3, 1998, in an
amount not to exceed $15,000.00,FY 98, Third Penny DAC IV allocation.
Destination Events Agreement between Monroe County and Key West Festivals,
Inc.,covering Hemingway Days,July 17-26, 1998, in an amount not to exceed
$42,000.00,FY 98, Third Penny,DAC I allocation.
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Destination Fvents Agreement
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THIS AGREEMENT is entered into this / ? day of MA Y , 1998, 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 ($15,000.00) fifteen thousand dollars for
Islamorada Offshore Challenge covering a period of October 3, 1998 with the
stipulation that the name "Islamorada" will precede any other wording in the event title
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 Servire : 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 Mvari mh o
vendors associated with said event shall be as follows: z m
Payment upon presentation of an invoice shall indicate the t miAte�
for which payment is sought, with proper documentation attached. oar '
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Upon completion of said event, a financial statement detailirtsPeVnhug�n
and expenses utilizing generally accepted accounting principals shall bp' igepsedg
notarizednotarized and submitted by Event Sponsor. Stuart Newman Associates (di•alfe"rnaQveP
shall confirm compliance with the Scope of Services.
Monroe County's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the BOCC. Only acceptable expenses
listed in the Monroe County Tourist Development Council Operations Manual shall 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.
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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 I oss: 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 attorneys 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 Rerntirements: 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:
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• Certificate of Insurance
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.
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.
3
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. Governing 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.
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.
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25. j ago 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. 010-1990 or any County officer or
employee in violation Section 3 of Ordinance No. 020-1990. 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.
29. Public Entity Crim_s: "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."
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30. Fntire 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 and year first above written.
(SEAL) Holi Isl Reso M In '
Attest: •
B i
•
(SEAL) . B D OF COUNTY COMMISSIONERS
Attests •DANNY L. KOLHAGE, Clerk OF MONR UNTY, FLORIDA
By?, Qxv By "
eputy lerk or/Chairman
FLORIDA SNORT-FORM INDIVIDUAL ACKNOWLEDGMENT (F.S. 695.25)
cY'.mmzr,.-e._e- - ..E.sues. cF.cu-AIR 2' ..es,... . `.c:.c..^.- - -.:.,S.o.<y.
State of Floridada The foregoing instrument was acknowledged before n
County of / 441-tvLq_ me this 4/14 / /O , /99e
Ma NayNem
by JI
i. ./ Name of Person Acknowledging
who is personally known to me,or—wke-+eo--ryredneed-
O. Type of Identification
;{ C"'�' =1°�° as identification.
t*' ', Constance D.Miller
< Notary Public,State of Florida
,t 'Ff•/ Communion No.CC65f2o ge Iy� /ili.�j�
,t t3 Fa,.My commission Exp.2/52WI Z" uc-L(iS-�'_ �( G"'Gt/-E 1„Notary Public
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Name of Notary Typed.Printed or stamped
Commission No. f'_ 6. /e) ? 1<7
OPTIONAL
RIGHT THUMBPRINT 9 I
IPI Though the information in this section is not required by law,it may prove valuable to persons relying on the OF SIGNER 0
document and could prevent fraudulent removal and reattachment of this form to another document Tap of thumb here
Description of Attached Document
Title or Type of Document: 1.4-22242 A..
Document Date: Number of Pages: 1
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F� •Signer(s) Other Than Named Above: cl
r(. - _ i • _ -yaw 7184 C.ano a,-rr eryt 9-7184 r.mrsa Lwar. .
01095 National Notary Association•8236 Rommel Ave..PO.Box 9184.Canoga Park,CA S13n4]184 Prod.No.5181 Reorder:Call Toll-Free 1-800-876-6827
• • E%EIRIT A
1St AMOR ADA OFFSHORE.OHM.i.FNGF,
October 3, 1998
Advertising 8 Pmmodons Budget
Promotion $7,500
Advertising
In County $1,500
Out of County $6.000
TOTAL TDC FUNDS $15,000
EXHIBIT B
SCHEDULE OF' EVENTS FOR THE ISLAMORADA/MILLER LITE
OFFSHORE CHALLENGE, OCTOBER 3, 1998.
THURSDAY, OCT. 2 - OPBRA STAFF ARRIVES AT HOLIDAY
ISLE.
FRIDAY, OCT. 3 - 9 AM-4 PM BOAT REGISTRATION
9 AM-4 PM BOAT INSPECTIONS
5 PM-6PM PATROL BOAT& MEDICAL
BOAT CAPTAIN'S MEETING
5 PM-6 PM SCORES REPORT TO CHIEF
SCORER
6 PM-7 PM MANDATORY DRIVER' MEETING
7:30-9 PM RACER/VOLUNTEER PARTY
SATURDAY, OCT. 4-8 AM MANDATORY PHYSICALS FOR
RACERS
10 AM SHARP MANDATORY DRIVERS'
MEETING
MANDATORY FAA MEETING FOR PILOTS
IMMEDIATELY AFTER DRIVERS
MEETING
9:30 AM-10 AM PRESS REGISTRATION
11 AM SHARP PRESS BOAT DEPARTS
FROM DOCK
11:15 AM NATIONAL ANTHEM
11:30 AM RACE BOATS DEPART FROM
HOLIDAY ISLE DOCKS
12:00 NOON OFFSHORE CHALLENGE
STARTS
�tte t 5 PM AWARDS PRESENTATION
Beach Resorts and Marina of the Florida Keys
84001 Overseas Highway. Islamorada, Florida 33036
toll-tree 800.327.7070.or 305.664.2321.tax 305.664.2703