Item D2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: AUGUST 17.2005
Division:
TDC
Bulk Item: Yes ~ No
Department:
StaiT Contact Person: Maxine Pacini
AGENDA ITEM WORDING:
Approval of an Amendment to Agreement with the Holiday Isle Resort & Marina to revise the date of
the Holiday Isle/Caribee 21 st Dolphin Tournament which was scheduled to take place on July 8-10,
2005 to a new date of July 29-31, 2005 due to Hurricane Dennis.
ITEl\-l BACKGROUND:
Due to Hurricane Dennis the event was postponed
PREVIOUS RELEV ANT BOCC ACTION:
BOCC approved original agreement at their meeting of October 20, 2004.
CONTRACT/AGREEMENT CHANGES:
Amendment to revise dates
STAFF RECOMMENDATIONS:
Approval
TOTAL COST:
$3,325
BUDGETED: Yes -X.... No
COST TO COUNTY: $3,325
SOURCE OF FUNDS:
TDC
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH_ Year
APPROVED BY: County Atty X ~B/Purchasing X Risk Management X
mVISION J}IR~~CTOR APPROVAL: ,,/"/r;77i'OiL",-4'A~ --
(Lynda Stuart)
DOCUMENTATION:
Included
Not Required~
DISPOSITION:
AGENDA ITEM #
Revised 2/05
MONROE COl.TNTY BOARD OF COlJNTY COMMISSIONERS
CONTRt\CT SD'MMARY
Contract with: Holiday Isle Resort & Contract #_
Marina Effective Date: 7/11/05
Expiration Date:
Contract Purpose/Description:
Approval ofan i\mendment to AQTeementwith the Holiday Isle Resort & Marina to
revise the date of the Ho liday Isle/Caribee 21 st Dolphin Tournament which was
scheduled to take place on July 8-10, 2005 to a new date of July 29-31 , 2005 due to
Hurricane Dennis.
Contract Manager: Maxine Pacini 3523 TDC # 3
(Name) (Ex!. ) (Department/Stop #)
for BOCC meeting on 8/17/05 Agenda Deadline 8/2105
CONTRACT COSTS
Total Dollar Value of Contract: $ 3,325
Budgeted? YesLSJ No 0 Account Codes
Grant $
COljnty Match: $ .
Current Year Portion: $
T15-75022-530340- T55F-063X-530480
- - - -
-~~----
- -
---
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Division Director
Changes
Needed
YesDNo~
Date Out
County Attorney
S.Hutton
Comments:
OMB Form Revised 2i27i01 Mep #2
AMENDMENT TO AGREEMENT
THIS ADDENDUM to agreement is made and entered into this _ day of
2005, between the County of Monroe and Holiday Isle Resort & Marina.
WHEREAS, there was an agreement entered into on October 20, 2004, between the
parties, awarding $3,325 to the Holiday Isle Resort & Marina for the Holiday Isle/Caribee 21 st
Dolphin Tournament on July 8-10, 2005, and
WHEREAS, it has become necessary to revise dates of event due to the fact the event
had to be postponed because of Hurricane Dennis;
NOW, THEREFORE, in consideration of the mutual covenants contained herein the
parties agree to the amended agreement as follows:
1. Paragraph I of the agreement will read as follows: County shall pay a sum not to
exceed $3,325.00 (Three Thousand, Three Hundred and Twenty Five Dollars) for promotion
and related expenditures, as described in the event budget, attached hereto as Exhibit B, for
production of the Holiday Isle/Caribee 21st Dolphin Tournament on July 29~31, 2005. Payment
will be made only after Event Sponsor submits invoices and support documentation acceptable
to the County's Finance Department. The advertising and promotion budget for County funding
may be altered as to the individual line items, or components, within 10% of the amount stated
for that item or component, without increasing the total dollar amount and without requiring a
written amendment to this agreement. The general non-allocated section of an Umbrella event
budget may be utilized for unforeseen permissible expenditures and for those budget lines that
may require additional funds. Monroe County's perlormance and obligation to pay under this
agreement is contingent upon an annual appropriation by the County.
2. The remaining provisions of the contract dated October 20, 2004 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.
Holiday Isle Resort & Marina
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY
COMMISSIONERS OF
MONROE COUNTY, FLORIDA
Deputy Clerk
Mayor/Chairman
Page 1 of 1
Pacini-Maxine
From: Eileen McGuire [emcguire@holidayisle.com]
Sent: Monday, July 11, 2005 10:57 AM
To: MAXINE@FLA-KEYS.COM
Subject: HOUDA Y ISLE DOLPHIN TOURNAMENT
WE HAD TO POSTPONE THE HOUDA Y ISLE DOLPHIN TURNAMENT DUE TO HURRICAN DENNIS, OUR
NEW DATES ARE JULY 29-31, THANK YOU FOR YOUR ATTENTION TO THIS MATTER. EILEEN MCGURIE
7/11/2005
~.
FUNDING AGREEMENT
THIS AGREEMENT is made and entered into by and between the Board of
County Commissioners of Monroe County. Florida, (hereinafter referred to as the "County")
and Holiday Isle Resort & Marina. (Hereinafter referred to as "Event Sponsor");
WHEREAS. the umbrella organization under contract to the County has recommended
to the Monroe County Tourist Development Council (hereinafter "TDC"), which has endorsed
the recommendation. that certain monies be allocated for promotion of an event;
THEREFORE; in consideration of the mutual promises contained herein, the parties
agree as follows:
1. County shan pay a sum not to exceed $3,325.00 (Three Thousand, Three
Hundred and Twenty Five DoUars) for promotion and related expenditures. as descri~ed in the
event budget. attached hereto as Exhibit B, for productiqn of the Holiday Isle/Caribee 21st
DOlphin Tournament on July 8-10. 2005. Payment will be made only after Event Sponsor
submits invoices and support documemtcttionacceptable to the County's Finance Department.
The advertising and promotion budget for County funding may be altered as to the individual
line items, or components, within 10% of the amount stated for that item or component, without
increasing the total dollar amount and without requiring a written amendment to this
agreement. The general non-allocated section of an Umbrella event budget may be utilized for
unforeseen permissible expenditures and for those budget lines that may require additional
funds. Monroe County's performance and obligation to pay under this agreement is contingent
upon an annual appropriation by the County.
2. Event Sponsor shall provide promotion and . related servicas.as .described intht3
Sporlsor'~applicationforfunding,ExhibitA,attached hereto. All advertising and p!Jblic
relations services or supervision of advertising and public relations will be provided through the
contracted agencies of the TDC and County. The agencies of record, shalf receive payment of
work in progress upon submission of documented invoices associated with said event. Event
sponsor fully understands that funding is obtained from tourist development taxes for which the
fiscal year ends September 30, 2005. Event sponsor also understands that the funding
process through which this contract was made available by County requires event sponsors to
submit their payment requests as quickly as possible and to finalize aU such requests before
the end of the fiscal year, if at alfpossible. In order for the tourist development taxes to be
utilized most effectively for the purpose for which they were authorized, attracting and
promoting tourism, the budgeting process of the County requires the event's funding to be
concluded in a timely manner. In recognition that the timeliness of payment requests is of
extreme importance to the funding of future advertising and promotion for the stability of the
tourist-based economy, Event Sponsor agrees to submit by September 30,2005, all invoices
and support documentation as required by the County's Finance Department rufes and
policies. Event Sponsor shaff not be reimbursed nor will Event Sponsor's vendors be paid
directly for any invoices received by the County after September 30, 2005, except that for
events with promotional expenditures incurred between July 1 and September 30, 2005,
invoices must be submitted within ninety (90) days of the conclusion of the event.
3. No person or entity shalf be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce or attempt to enforce any third-party claim or
Fishing Umbrella Funding FY 2005
1
entitlement to or benefit of any service or program contemplated hereunder, and the County
and the Contractor agree that neither the County nor the Contractor or any agent, officer, or
employee of either shall have the authority to inform, counsel, or otherwise indicate that any
particular individual or group of individuals, entity or entities, have entitlements or benefits
under this Agreement separate and apart, inferior to, or superior to the community in general
or for the purposes contemplated in the Agreement.
4. Event Sponsor shall reimburse County for any amount of funds expended by
County in connection with an event which does not occur as a result of any act or omission by
Event Sponsor.
5. Event Sponsor 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. Should event involve the serving or distribution of
alcoholic beverages, Event Sponsor shall obtain prior to the event a Liquor Liability insurance
policy naming Monroe County as a co-insured.
6. Event Sponsor shall maintain records pursuant to generally accepted accounting
principles for three (3) years after the event and shall permit County and its agents and
employees access to said records at reasonable times.
7. County may terminate this agreement without cause upon providing written
notice to Event Sponsor no less than sixty (60) days prior to the event and may terminate for
breach upon providing to Event Sponsor notice at least seven (7) days prior to the effective
date of the termination.
8. Event sponsor is an independent contractor and shall disclose any potential
conflicts of interest as defined by Florida Statutes, Chapter 112 and Monroe County Code,
Article XXI.
9. Event Sponsor warrants that he/she/it has not employed, retained or otherwise
had act on his/her/its behalf any former County officer or employee in violation of Section 2 or
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 the provision the County may, at its
discretion terminate this contract without liability and may also, at 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 or present County officer or employee.
10. 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,
Fishing Umbrella Funding FY 2005
2
for CATEGORY TWO for a periOd of 36 months from the date of being placed on the convicted
vendor list.
11. Logo: All promotional literature and advertising must display the "The Florida
Keys & Key West, Monroe County Tourist Development Council, Come as You Are",
logo/trade mark adopted by the TDC and County on November, 2000 (as per attached),
Radio Advertising should read "Brought to you by the Monroe County Tourist Development
Council". No reimbursement or direct payment will be considered unless this logo/trade mark is
utilized.
12. Insurance Requirements: Event Sponsor, as a pre-requisite of the Special Event
governed by this agreement, shall obtain, at its own expense, insurance as specified in this
section.
Event Sponsor will not be permitted to commence work associated with the Event
(including pre-staging of personnel and material) until satisfactory evidence of the required
insurance has been furnished to the county as specified below. Event Sponsor shall maintain the
required insurance throughout the entire duration of the Special Event and any extensions
specified in any attached schedules. Failure to comply with this provision may result in the
immediate suspension of the Event until the required insurance has been reinstated or replaced.
Event Sponsor shall provide, to the County, as satisfactory evidence of the required insurance,
either:
Certificate of Insurance
or
'" Certified copy of the actual insurance policy
A certified copy of any or all insurance policies required by this contract shall be filed with the Clerk
of the BDCC prior to the Event.
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 Event Sponsor's insurance shall not be construed as
relieving Event Sponsor 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.
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.
Event Sponsor 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, Event Sponsor shall obtain
General Liability Insurance. Coverage shall be maintained through out the life of the contract and
include, as a minimum:
* Premises Operations
* Products and Completed Operations
* Blanket contractual Liability
* Personal Injury liability
* Expanded Definition of Property Damage
Fishing Umbrella Funding FY 2005
*
3
The minimum limits 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 than
the contractor's General Liability policy.
J\~"'\I~:~ITNESS WHE~EOF, each p<!~as caused thi~ ~~ement to be executed by its
duly <Jp~9~ed representative, the 21) day of c5C;.7 . 2004.
" '>.,\,~{"-:-':>.
. ..-' ~ - .
(SEAL)
Attest: Danny L. KOlhage, Clerk
.~
~/
~ . .... ,...,. .<" .
/ '".,. '. De ly Clerk
Board of County Commissioners
of Monroe County
f71.. . . '" ~~~
~'~~~
Mayor: hairman
(CORPORATE SEAL)
Attest:
Holiday Isle Resort & Marina
By.
Secretary
By
. ~~~~~
"President
OR
Witness
Fishing Umbrella Funding FY 2005
4
DAY 1
DAY 2
DAY 3
DAY 4
!"-'XHIBIT "A"
FLORIDA KEYS FISHING TOURNAMENTS, INC.,
TOURNAMENT SCHEDULE OF EVENTS
FISCAL YEAR 2004-2005
mE HOI..IDAY ISIE/CAAIBEE OOIPHIN ~
PRINT TOURNAMENT NAME
_:_AM LINES IN WATER
PM LINES OUT OF WATER
--
~:~ PM EVENING EVENT roIES/REGISTRATICN
PM WEIGH-IN OVER
PM OTHER EVENT
--
8 : 00 AM LINES IN WATER
--
3 : 00 PM LINES OUT WATER
--
PM EVENING EVENT
--
PM WEIGH-IN OVER
PM OTHER EVENT
--
8 : 00 AM LINES IN WATER
--
3 : 00 PM LINES OUT WATER
--
PM EVENING EVENT
--
--.!.: 30 PM WEIGH-IN OVER
5 : 00 PM OTHER EVENT AWARr:6
--
: AM LINES IN WATER
--
PM LINES OUT WATER
PM EVENING EVENT
PM WEIGH-IN OVER
: PM OTHER EVENT
--
E:XHIBIT "B"
BUDGET BREAKDOWN
FLORIDA KEYS FISHING TOURNAMENTS, INC.
OCTOBER 1, 2004 TO SEPTEMBER 30, 2005
HOLIDAY ISLE CARIBEE 20TH DOLPHIN TOURNAMENT
-----------~-----------------------------~---------------
JULY a-10, 2005
DIRECT MAIL & POSTAGE $
BROCHURES, POSTERS,
PROGRAMS, PATCHES $ 1,202.50
TROPHIES $ 997.50
PHOTO PROGRAM $
MEDIA ADVERTISING $ 1,125.00
T-SHIRTS, CAPS, JACKETS $
*GENERAL NON-ALLOCATED $
$ 3,325.00
*GENERAL NON-ALLOCATED IS NOT TO EXCEED 15% OF THE
TOURNAMENTS TOTAL BUDGET.
*TOURNAMENTS CAN NOT EXCEED MORE THAN 30% OF THE
TOTAL BUDGET IN TROPHY LINE ITEM EXCEPT WHEN
TOURNAMENTS GET SPECIAL APPROVAL FROM FKFT, INC.
TUt [LORIDA Ins & IH WfST
MONIIO{ mum TOURIST DOOOPHOO COU/rIOl
Come .u you arc3
ruf [LORfOA InS & In WfST
MONIIO{ mum TOURiST Dfi'ROPHOO mUNOl
Come as you arc"
JUf [LORIDA KfYS &KHWfST
MONIIO{ mum TOURiST D{V[lOPHOO mU1I(1t
Come .u you arc.
rut [LORIOA KnS & IH W{ST
HO/rlIlO{ mum TOURIST DfVROPHOOCOUHQL
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ru{ [LORIDA ItvS & KfY W[ST
MONRO[ COU/rITY TOURIST DrnLOPHOO mUNOl
Come as you arc.
rut [LORfDAKfYS&KnW[ST
MONRO{ (OUIffi' TOURIST IlOOOPHOO COUHOl
Come as you arc.
THf [LORIDA KEYS & KfY WEST THE [LORIDA KfYS & KfY WEST THf [LORIDA KfYS & KfY WfST
MONRO[ COUNTY TOURIST DtVUOPHOO COUNCil MONOOf COUHIYTOUR1ST DffiLOPHOO (OUNOl HONOOf COUNTY TOURIST OfVflOPMfHf COUHGl
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HONROf COUNTY TOURIST DMI0PHOO COUNCIL HONROf COUNTY TOURIST OffiLOPHOO COUNCil MONRO[ (DUNTY TOURIST OffiLOPHfHf COUNCIl
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rUf [LORIDA KfYS & KfY WfST TUf [LORIDA KfYS & KEY WfST THf [LORIDA KfYS & KEY WfST
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Come as you are@ Come as you are@ Come as you are@
THE [LORIDA KEYS & KEY WfST TUf flORIDA KfYS & KfY WEST THE flORIDA KfYS & KEY weST
HONROf COUNTY TOURIST DfVfLOPMfNT COUN(Il HONROf COUNTY TOURIST DfVfLOPMfNT COUNCIl HONROf COUNTY TOURIST DfVfWPMfNT COUNCIl
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TH[ [LORIDA K[YS & K[Y W[ST
MONROf COUNTY TOURIST D{VfLOPMfNT COUNCIL
Come as you are@
TUr [lORIDA KHS & KH wrST
MONROf COUNTY TOURIST DfVfLOPMfNT COUNCIL
Come as you are@
THf [LORIDA K[YS & KEY W[ST
MONROf COUNTY TOURIST DfVI10PMfNT COUNCIL
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fUr [lORIOA KHS & KH wrST
MONROf COUNTY TOURIST OfVnOPMfNT COUNCil
Come as you are@
MCTG-3125 New Logo Slick L01
1996 Edldo.
MONROE COUNTY, FLORIDA
Request For Waiver
01
lasuranee Requirements
It is requested that the insurance requirements. as specified in the Coun1y's Scbedu1e of Insurance
Requirements, be waived or modified on the fonowing contract.
Contractor: See Event Attachment
Name of Eatity: Ht:)\;J~ Isle. ~..;:~ +-~
Name of Eveot: Vu:X:')~tsk/ t:a..~k :A.l~ OC(f':~ r~
I
Contract for: Services
Address of Contractor:
c/o TOe Art: Max~
Phone: 305-29(j..1552
Scope or Work: Advertisina' and PromotiQD
R..... r.r W.lver. Providillll fu'1I!l! to _Ie event only.... Min;mal exposure ~
county, _
PoUdea walverwUl '.
apply to: .'. See Attached
Date:
Signature of Contractor:
Approved
~
Risk Management: '
~/;7/orj
County Administrator Appeal:
Approved
i
Not Approved
Date:
Board of County Commissioners Appeal:
Approved
Not Approved
Meeting Date:
Administration Illstruction
#4709.2