FY2000 04/20/2000
1Dannp -1L. i&olbage
BRANCH OFFICE
3117 OVERSEAS IDGHWAY
MARAmON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS IDGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
MEMORANDUM
DATE:
April 28, 2000
TO:
Lynda Stuart, Office Manager
Tourist Development Council
ATTN:
Maxine Pacini
Administrative Assistant
Pamela G. Hanc~
Deputy Clerk U
FROM:
At the April 20, 2000, Board of County Commissioner's Meeting the Board granted
approval and authorized execution ofthe following:
1. Addendum to Agreement between Monroe County and Florida Keys Federation of
Chambers concerning funding for Tourism related Cultural activities.
2. Turn Key Funding Agreement between Monroe County and the Cuban American
Heritage Festival, Inc. to produce the Cuban American Heritage Festival on November 1-5, 2000
in an amount not to exceed $55,000, FY 2000, DAC I, Third Penny.
3. Agreement between Monroe County and Keys Communication Group, Inc., to
produce the 9th Annual Key West Theatre Festival covering a period from October 5-15, 2000 in
an amount not to exceed $55,000, DAC I, FY 2000, Third Penny.
4. /' Destination Funding Agreement between Monroe County and Holiday Isle Resort
& Marina to produce Islamorada Offshore challenge on October 21, 2000 in an amount not to
exceed $5,000, DAC IV, FY 2000, Third Penny.
Attached are two (2) duplicate originals of the above for your handling. Should you have
any questions, please do not hesitate to contact this office.
Cc:
County Administrator w/o documents
County Attorney
Finance-Kim Hanna
File ,/
Destination Events Agreement
THIS AGREEMENT is entered inlo Ihis ~ #day of (1PEIL, 2000, 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 ($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 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 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. a 0 0 ..."
Upon completion of said event, a financial statement detailin~~~v~ue~
and expenses utilizing generally accepted accounting principals shall ~~p~ed.;'
notarized and submitted by Event Sponsor. Stuart Newman Associates ~aJter~te55
shall confirm compliance with the Scope of Services. ~~~ ~ ~
.,'.> - ..,
Monroe County's performance and obligation to pay under th1s eont~ct ~
r,.. ,." -, ::0
contingent upon an annual appropriation by the BOCC. Only acceptable ex~s_
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 soee 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
1
10% of the larger line item amount. No budget amendments are permissible once the
SOCC has approved the contract.
7. Sreach 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 later 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 SOCC any amounts already paid to them under
this agreement, and relieve the SOCC 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: Holiday Isle Resort & Marina agrees to relieve Monroe
County of all risks for loss or damage during the event not caused by SOCC or its
agents.
11. Indemnification and Hold Harmless: Holiday Isle Resort & Marina
covenants and agrees to indemnify and hold harmless Monroe County Soard 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: 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 misstatement in the
application for insurance coverage shall release County from it's obligations to pay
2
under this agreement. Holiday Isle Resort & Marina shall provide, 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 BOCC prior to the Event. The
Insurance policy must state that the Monroe County BOCC 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
* Expanded Definition of Property Damage
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 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 SOCC and TOC are exempt from Federal Excise and State
of Florida Sales Tax.
15. Finance Charges: The SOCC and TOC will not be responsible for any
finance charges.
16. Relation of SOCCfTOC: 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 SOCC and TOC and the SOCC 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. Disclosure: 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 SOCC 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 of the SOCC 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 person, company
or corporation without prior consent of the SOCC.
4
19. Compliance with laws - Nondiscrimination: 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: 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 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
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.
5
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: 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.
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. II
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'\\\\\\\\\''I~.
(Si~~"J "11# Cheryl Eileen Williams ~
Att' ' - 'co Notary PuHc, State ofFiorida (
. ~ I Commi~.)O No. CC 641326 (
': ~OFf\.\l<t' My Comm;,sion Exp. 04/24/2001 ~
:: \.800.3.NOTAIlY. Fl_, NOWy Service .t . c Co. ;
&::::;(r;::;,"~(i(" {("i"
Holiday Isle Resort & Marina
?OdD h ~"l
:\').~'--;-~ .to.
~.,,~..:j >:':l ......}.::.,
A/' 5V)" r.'~~"
'!VI '~<'''''~t!i.\/ \
(iff 1;" ,,'\ \)~Y~'iJ;':\ :,\
f..~..'r-...~~. . '.'.^ ..1-"...,.._)'.....'."......'......' .". ':
',..o,.f1' . ..~: I,.
\>\'~:.~.~~sf ,'OA,tlNY L. KOL
';., ~ ,""... ." ."., .
BOARD OF COUNTY COMMISSIONERS
OF M:rS~OcA
By IJ~
APPROVED AS TO FORtM yor/Chairm
AND L AL S FI .
EXHIBIT "A"
BUDGET
Islamorada Offshore Challenge
October 21, 2000
Advertising (Out of County)
Trophies
TOTAL
$2,000
$3,000
$5,000
7
EXHIBIT B
1;#. .........
~URDAY ()CTOBER21
Ail ' MANDATORY PHYSICALS IN QUARTERDECK
9:38AM-lOAM PRESS REGISTRATION IN QUARTERDECK
10 '~ MANDATORY DRIVERS MEETING IN
QUARTERDECK
VIP MEDIA BOAT DEPARTS DOCK
SPECTATOR BOAT DEPARTS DOCK
NATIONAL ANTHEM "RACERS START YOUR
ENGINES"
PARADE OF BOATS DEPART HOLIDAY ISLE
DOCKS
H~ 1,,1e
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
,.;~~
11:30 AM
NOON
POST RACE
4:30 PM
5PM
5 :30 PM
8:00 PM
2000 SCHEDULE OF EVENTS
RACE STARTS
TOP 3 FINISHERS IN EACH CLASS ARE TO REMAIN
NEAR THEIR BOATS FOR PHOTO OPPORTUNITIES
VIP PRESS CONFERENCE
RAFFLE PRIZES AWARDED
AWARDS CEREMONY CENTER STAGE
BEACHSIDE LUAU
.:~r:;:
1Hf lORIDA [Y5 & [Y [51
ComE a2.- you au'" THHLORIDAKHS&KHwm
Come a~,you a7.e"
IH[ [LORIDA K[YS & K[Y W[Sl THf[W!~~~~~rrwm
COmE a2- .!IOU a'lE~ mHL~RIDAKm&K[YW[Sl
ComE a2 :IOU au"
T~[ [LQRIDA K[YS & K[Y W[ST TUHLORIDAKHS&K[YW[ST
Lome a2.- you a''le™ - ComE a:5. !IOU a'tE~ -
TH[ [WE~~ ~~~l K~W[ST T"[ [W!~~ ~~~l K~!WJST
TH[ [LORIOA KHS & K[Y W[ST T"[ [W!~~ ~~~KUW[ST
ComE a2.. }IOU a'ZE™
T"[ [LORIDA KHS & KH W[ST TH[ [WE~~ ~~Y~ K~W[ST
- c!ome a2 !IOU a'l.E" - !J
T"[ [WE~~ ~~~l KUW[ST TH[ [WE~~ ~~~l K~W[ST
TUHLQRIDAKHS&KHW[ST T~[ [LORIDA K[YS &K[YW[ST
Come: a"-.'Iou au' COJ'nE a2.- you a7-E.
TH[ [LqRIDA K[YS & K[Y W[ST
THf[L;~;AGK;~~[~:[ST TH[ [LQRIDA K[YS & KEY WEST
comO<H!JO"aTo' LomE a2- .!Iou a'lE~