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Item E3 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: JUNE 15 2000 Division: TDC Bulk Item No XXX Department: N/A AGENDA ITEM WORDING: Approval of an amendment to Agreement with Holiday Isle Resort & Marina to change event date for the Islamorada Offshore Challenge from October 21, 2000 to September 30, 2000. ITEM BACKGROUND: TDC approved original agreement at their meeting of September 22, 2000. PREVIOUS RELEVANT BOCC ACTION: BOCC approved FY 2000 budget at their meeting of September 22, 1999. BOCC approved original agreement at their meeting of April 20, 2000. STAFF RECOMMENDATION: Approval TOTAL COST: $5,000.00 BUDGETED: YES COST TO COUNTY: $5,000.00/TOURIST PAY APPROVED BY: County Attorney ~ OMB/Purchasing~Risk Management~ DIVISION APPROVAL: --- Lynda M. Stuart DOCUMENTATION: Included: (Type/print name) X To Follow: Not Required Agenda-Item #01 -E"'..::s .' MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Holiday Isle Resort & Marina Effective Date: 4/20/2000 Contract Purpose/Description: Approval of an amendment to Agreement with Holiday Isle Resort & Marina to change event date for the Islamorada Offshore Challenge from October 21, 2000 to September 30, 2000. Contract Manager: Maxine Pacini (Name) X3523 (Ext) Tourist Development Council (Department) For BOCC meeting on 4/20/2000 Agenda Deadline:4/5/2000 Contract Costs Total Dollar Values of Contract: $5,000.00 Current Year Portion: $ Budgeted? Yes ~_ No Account Codes: 120-70030-530340-TOOS-187 X Grant: $ County Match: $ Estimated Ongoing Costs: $ (not included in dollar value above) ADDITIONAL COSTS Iyr. For: (e.g. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW DATE IN CHANGES REVIEWER DA TE OUT NEEDED? Yes No Division Director 6' !%4b{) V ~ 6' J9c;q~ - - S_ /:}SI DO J Risk Management yY). e5 1 ifSl2;i) - - Ci Attorney 1 1 S. Hutton 1 1 O. .. .B'./purC~g - - --- 5 J1Ja/ _ / ~(5}u,~ SIy/t90 (Final reviewer should return contract to originator) Comments: AMENDMENT TO AGREEMENT THIS ADDENDUM to agreement is made and entered into this day of 2000, between the County of Monroe and Holiday Isle Resort & Marina. WHEREAS, there was a contract entered into on April 20,2000, between the parties, awarding $5,000.00 to Holiday Isle Resort & Marina for the Islamorada Offshore Challenge on October 21, 2000; and WHEREAS, it has become necessary to revise the date of the event; NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree to the amended agreement as follows: 1. Paragraph 1 of the Agreement shall read "The BOCC agrees to pay up to ($5,000.00) five thousand Dollars for the production of Islamorada Offshore Challenge on September 30,2000". 2. Paragraph 8 shall read "In order for event sponsor to be re-imbursed for expenditures, the invoices must be submitted no later than November 29, 2000. 3. The remaining provisions of the contract dated April 20, 2000, remain in full force and effect. IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above written. (SEAL) Attest: Holiday Isle Resort & Marina By (SEAL) Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairman OATE NfEMO RAND UM 'I .~ ...,~ ~.fR~M 7i ,*t DAlP : MAY 8, 2000 ~ sUBieT: OFFSHORE BOAT RACE :~~I~:EN MASON ~;I THI- , A REQUEST TO CHANGE THE DATE OF THE ISLAMORADA OFF ORE CHALLENGE FROM OCTOBER TO SEPT. 30, 2000. THE REASON IS mAT WE HA VB ACQUIRED TV COVERAGE AT NO COST TO ANYONE, WE FOUND A SPONSOR, AND THE ONLY DA IE AVAILABLE WAS SEPT. 30. THEREFORE, I FEEL IN ORDER TO ENHANCE THE BOAT RACE THE CHANGE OF DATE WOULD BENEFIT THE EVENT AND COM1vfUNITY. PLEASE LET ME KNOW ASAP IF IT IS POSSIBLE. THANKYOUFORYOURATffiNTIONTOTInSMATrnR If!!) ~::,"". H~/~ Beach Resorts & Marina of the Florida Keys 84001 Overseas Highway, Islamorada. Florida 33036 toll~free 800.327.7070, or 305.664.2321, fax 305.664.2703 ~..~ ;~~~ ,~ .~~'J -,-- Destination Events Agreement THIS AGREEMENT is entered into this7c) tit day of A-P{:/L-, 2000, by and I 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 ($5,000.00) Five thousand dollars for Islamorada Offshore Challenge on October 21, 2000 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: 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 recard, 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 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 prepared, notarized and submitted by Event Sponsor. Stuart Newman Associates (or alternate) 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 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 AgreerDent, 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 1 . .,,~ , 10% of the larger line 1._. n amount. No budget amendmenb dre 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 SOCC 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 Holiday Isle Resort & Marina 8. Termination: In order for event sponsor to be re-imbursed for expenditures, the invoices must be submitted no iater than Wednesday, December 20,2000. 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. 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: County of all risks for loss agents. 11. Indemnification and Hold Harmless: 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 af, in connection with, ar by reason of the services provided, event sponsored, or other activities and funding associated with this agreement. 12. Insurance Requirements: 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: Holiday Isle Resort & Marina will not be permitted to commence work associated with the Event (including pre-staging of personnel and materiel) until satisfactory evidence of the required insurance has been furnished to the county as specified below. Holiday Isle Resort & Marina shall maintain the required insurance through out the entire duration of the Special Event and any extensions specified in any attached schedules. Failure to comply with this provision shall release County of any obligation to compensate event sponsor. Further, any material misst~tement in the application for insurance coverage shall release Caunty from it's abligations to pay Holiday Isle Resort & Marina agrees to relieve Monroe or damage during the event not caused by Baee or its 2 under this agreement. . ..Iliday Isle Resort & Marina shall ~. uvide, to the County, as satisfactory evidence of the required insurance, including the insurance policy application and either: * Original Certificate of Insurance or * Certified copy of the actual insurance policy An original certificate or a certified copy of any or all insurance policies required by this contract shall be filed with the Clerk of the SOCC prior to the Event. The Insurance policy must state that the Monroe County SOCC is the Certificate Holder and additional Insured. Insurance should be mailed to: Monroe County Board of County Commissioners C/O Risk Management 5100 College Road Room 203 Stock Island Key West, FL 33040 All insurance policies must specify that they are not subject to cancellation, non- renewal, material change or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. Acceptance and/or approval of Holiday Isle Resort & Marina's insurance shall not be construed as relieving Holiday Isle Resort & Marina from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Worker's compensation. 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. Holiday Isle Resort & 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. Prior to commencement of work governed by this contract, Holiday Isle Resort & Marina shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: * Premises Operations * Products and Completed Operations * Blanket contractual Liability * Personal Injury Liability * Expande~ Definition of Property Damage " .) The minimum lin..... acceptable shall be: * $1,000,000.00 combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: * $500,000.00 per Person * $1,000,000.00 per Occurrence * $100,000.00 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. Recognizing that the work governed by this contract involves the sales and/or distribution of alcoholic beverages, the Contractor'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 not more restrictive that the contractor's General Liability policy.. 13. Permits: 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 TOC will not be responsible for any finance charges. 16. Relation af BOCCrrOC: It is the intent of the parties hereto that 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 TOC 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. ~isclosure: 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. Holiday Isle Resort & Marina shall disclose to the BOCC and TOC all actual or proposed conflicts of interest, financial or otherwise, direct or indirect, involving any client's interest which may conflict with the interest af the BOCC and TOC. 18. Assignment: 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 pefson, company or corporation without prior consent of the SOCC. . 4 19. Complianl.._ Nith laws - Nondiscrimination: HOlll..aY 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: Holiday Isle Resort & Marina shall not be liable for delay in perfarmance ar failure to perfarm 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 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 TOC or BOCC, Holiday Isle Resort & Marina must furnish evidence of the causes of such delay or failure. Holiday Isle Resort & Marina shall not resume its performance hereunder unless provided for in the Scope of Services. 21. Governing lawNenue: 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: Holiday Isle Resort & Marina agrees to provide adequate security for the event. No TOC 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 TOC shall be the property of the BOCC and TOC, for whatever use and/or disposition the BOCC and TOC may deem appropriate. 24. Media rights: The TOC 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 TOC under this agreement. 25. 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). 26. Severability: If any provision of this Agreement shall be held by a Court af competent jurisdiction to be invalid ar unenforceable, the remaining provisions shall not be affected thereby; and each provision af this Agreement shall: be valid and enforceable to the fullest extent permitted by law. 5 27. Authority: ....:ach of the signatories for the Spuflsor 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: 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 af Ordinance NO.1 0-1990. 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 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 Tl/l/O 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 and Marina. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and vear first above written. . . ,,\\....\\\w...\\\\\\\\\\\\ , ,\\\\\\\W..\""\\\""\' ' , < (SEt~~ Chery. !Eileen Williams ( Atte't : Notary P'ltllic, Stale ,2fFlorida ~ .." ,& COlIllIll5slon No. C", 641326 < :: ""OFf\.~~ My Corn.T.ission Exp. 0412412001 ~ .: I-SOO-3-NOTARY - Fla. Notaly Service &: . I Co. ~ . ((((((((((((((((((, (((((((((((((((((((( ((((((( ( (j);~ ~50l.J"-;:::.,, /Zr\~-'...z~';"'I. tlf";../:;/ 08~ !:,,':"/C:"V\\ ',' ".,A ~.\\ if(:fJ~~:kc;,'~:JJ,j BOARD OF COUNTY COMMISSIONERS \;~~;~~~:ROVEDASTOF;~~~5~~ .~ND L~r::AL su Fie' . Holiday Isle Resort & Marina BUDGET Islamorada Offshore Challenge October 21, 2000 Advertising (Out of County) $2,000 Trophies $3,000 TOTAL $5,000 " 7 ~, EXHIBIT "A" -....., EXHIBIT B ..~~ 2000 SCHEDULE OF EVENTS ,~ ~~AYOCTOBER21 ~8 $ , ~1ANDATORY PHYSICALS IN QUARTERDECK ~'l:<-~ 9:3~-10AM PRESS REGISTRATION IN QUARTERDECK 10 ~ MAi'IDATORY DRIVERS MEETING IN 'A\ QUARTERDECK 11 N~\ VIP MEDIA BOAT DEPARTS DOCK 11' SPECTATOR BOAT DEPARTS DOCK 11:1 NATIONAL ANTHEM "RACERS START YOUR .... EN GINES" 11 :30 AM PARADE OF BOATS DEP ART HOLIDAY ISLE DOCKS NOON RACE STARTS POST RACE TOP 3 FINISHERS IN' EACH CLASS ARE TO REMAIN NEAR THEIR BOATS FOR PHOTO OPPORTUNlTIES 4:30 PM 5PM 5:30PM VIP PRESS CONFERENCE RAFFLE PRIZES AWARDED AWARDS CEREMONY CENTER STAGE 8:00 P:Nf BEACHSIDE LUAU .~ ~:. ~~tJ ,- ,'"..,.,; " ';.;;.:~ H~ /,de Beach Resorts & Marina of the Florida Keys 84001 Overseas Highway, Islamorada. Florida 33036 tolHree 800.327.7070, or 305.664.2321, fax 395.664.2703 ~." 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