Item D3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: APRIL 17, 2002
Division:
TDC
Bulk Item: Yes ~ No
Department:
AGENDA ITEM WORDING:
Approval of the FY 2002-2003 Board of Directors for the Florida Keys Fishing
Tournaments, Inc.
ITEM BACKGROUND:
TOC approved same at their meeting of April 3, 2002.
PREVIOUS REVELANT BOCC ACTION:
BOCC approved original agreement at their meeting of March 10, 1999.
CONTRACT/AGREEMENT CHANGES:
Change to Exhibit A - Appropriations Committee
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $550.800
COST TO COUNTY: $550.800
BUDGETED: Yes ~ No
REVENUE PRODUCING: Yes -X- No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty ~ OMBlPurchasing ~
Risk Management X
DIVISION DIRECTOR APPROVAL:
c-/J'x/{b~~/-
(Lynda Stuart)
DOCUMENTATION:
Included X
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM #~ ?
Revised 2/27/01
FLORIDA KEYS FISHING TOURNAMENT, INC.
BOARD OF DIRECTORS 2002-03
DISTRICT 1
CAPT. MIKE WEINHOFER
COMPASS ROSE eHARTERS
3635 SEASIDE DR. #312
KEY WEST, FL. 33040
WK 305-294-3399
HM 305-292-8507
DISTRICT 3
CAPT. DONNA VANKIRK
P.O. BOX 914
MARATHON, FL. 33050
WK 305-743-0518
HM 305-743-2821
VICE PRESIDENT
CAPT. TIM GREENE
BEACHCOMBER JEWELERS
2786 N. ROOSEVELT BLVD.
KEY WEST, FL. 33040
HM 305-294-8303
WK 305-296-5811
FX 305-292-8984
MARATHON 743-2245
DISTRICT 4
CAPT. RICHARD STANCZYK
BUD N MARY'S
P.O. BOX 628
ISLAMORADA, FL. 33036
WK 305-664-2461
FX 305-664-5592
HM 305-664-5530
DISTRICT 2
PRESIDENT
CAPT. JIM SHARPE
SEA BOOTS CHARTERS
29975 OVERSEAS HWY.
BIG PINE KEY, FL. 33043
WK 305-872-9005
FX 305-872-0780
HM 305-745-1530
SUZAN BAKER
P.O. BOX 189
I SLAMORADA , FL. 33036
WK 305-569-0066
FX 305-569-6106
HM 305-664-2080
FX 305-664-2023
MB 305-393-0111
BP 305-464-5255
DISTRICT 5
LAURA MALES
210 MOHAWK ST.
TAVERNIER, FL. 33070
HM 305-852-4573
FX 305-853-7174
MB 305-393-0517
eAPT. BRETT TAPOROWSKI
29036 MAGNOLIA LN.
BIG PINE KEY, FL. 33043
HM 305-872-1733
FX 305-872-0051
MB 305-395-0901
*KATHY KOURY RESIGNED 3/18/97
*GARY ELLIS RESIGNED 3/22/97
*MIKE CURRIE RESIGNED 1/8/98
*EILEEN MASON RESIGNED 6/3/98
*DALE BITTNER RESIGNED 2/3/99
*LEE MURRAY RESIGNED 4/9/99
*CHESTER MAR RESIGNED 1/15/01
*DAVE NAVARRO RESIGNED 1/28/02
*LINDA LUIZZA RESIGNED 2/5/02
DISTRICT 3
SECRETARY/TREASURER
EARL CANTRILL
421 60TH STREET GULF
MARATHON, FL. 33050
HM 305-743-5566
FX 305-743-7322
Tur [lORIDA KfYS & KfY WJST
MONRO[ COUNTY TOURIST DW[LOPM[NT COUNCIL
CflJtfB ()~ '/filA ()TB,@
AGENDA ITEM: Q.1.
DATE:
March 27, 2002
TO:
TDC Members
FROM:
Harold Wheeler, TDC Director
RE:
AGENDA ITEM Q.1 : CONSIDERATION AND ACTION RE:
BOARD OF DIRECTORS AND COMMITTEE APPOINTMENTS
I am writing this memo to clarify to you that when you move approval of item Q.1.
at the April 3rd, 2002 TDC meeting you will be approving both the FY 2002-2003
Board of Directors and the FY 2002-2003 Appropriations Committee.
The Appropriations Committee is:
District I
District II
District "I
District IV
District V
Mike Weinhofer
Brett Taporowski
Earl Cantrill
Suzan Baker
Laura Males
Chairman
Jim Sharpe
If you should have any questions, please do not hesitate to call the administrative
office at (305) 296-1552.
P.O. Box 866, Key West, Florida 33041 U.S.A. (305) 296- I 552 Fax: (305) 296-0788
http://fla-keys.comsales@fla-keys.com
FISHING UMBRELLA CONTRACT
THIS AGREEMENT is entered into this lIP ilday of --f1.,ttf--L.-H 1999,
by and between the BOARD OF COUNTY COMMISSIONERS, Monroe County, Florida,
hereinafter referred to as the BOCC and FLORIDA KEYS FISHING TOURNAMENTS,
INC., hereinafter referred to as FKFT;
WITNESSETH
WHEREAS, the County wishes to enter into this agreement with FKFT, so that
FKFT will act as a County wide Fishing Umbrella to make recommendations to the TOe
and BOCC concerning funding for Tourism related Fishing activities,
1. Term: The term of this Agreement is for a period of thirty-six (36) months
commencing October 1. 1999 and terminating September 30. 2002 with one
(1) option to extend for a two (2)year period.
2. Scope of Services: FKFT will provide the following services:
A. FKFT shall budget and coordinate with respect to fishing, with the
Florida Keys, the following:
1. All national media advertising for Florida Keys Fishing events
and promotions.
2. All public relations for all Florida Keys Fishing events and
promotions.
B. FKFT shall establish a photo program to distribute to national trade
and consumer publications, photos to represent award winners and
media attractive fishing photos.
C. FKFT shall establish and administer policies and procedures which
will distribute on an equitable district-wide basis based on prior year
bed tax revenue percentages recommended for all qualified fishing
activities. FKFT will accept applications on an annual basis.
D. The Fishing Umbrella shall solicit sponsors for programming and
events to contribute sponsorship funds toward the operating
expenses for member fishing events and activities. No TOe funds will
be used to cover administrative or operating costs. When corporate
sponsorship funding exceeds $550,800.00 per fiscal year, the
contract will be subject to renegotiating limited only to budgetary
constraints.
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E. All Fishing Umbrella meetings will be open to the public and properly
noticed, the same rules as required for all governmental meetings
under F.S. 286.011.
F. FKFT shall provide research information and contribute statistics and
scientific information for conservation and other fishing reSQurce
management to demonstrate resource management for future
generations and maintain economic resources.
G. Monroe County BOCC and TDC will fund through its Advertising and
Public Relations agencies of record costs of promotion and
advertising: (a) directly to vendors upon receipt of properly approved
invoices or (b) reimburse FKFT and/or its members upon receipt of
properly approved paid invoices and evidence of payment subject to
availability of funds.
H. Composition - See Exhibit A.
3. Funding: a) The BOCC anticipates that up to $550.800.00 will be
allocated to tourism-related fishing activities per year. Of said amount the
allocation between promotion and Events shall be at the discretion of the
BOCC upon recommendation by the TDC, approved at the beginning of the
contract and, thereafter, at the beginning of each fiscal year of the contract.
The recommendations of the Fishing Umbrella Committee shall be submitted
to the TDC for consideration prior to adoption of TDC annual budget each
year, but FKFT has no final authority to require TDC to adopt its
recommendations. TDC will then make recommendations to the BOCC for
allocation of funds for approval, requiring individual contract to be entered by
each recipient. (See Attached) Monroe County's performance an d obligation
to pay under this contract is contingent upon an annual appropriation by the
BOCC.
4. Termination: The contract can be terminated by either party without cause
with 120 days notice. BOCC may terminate immediately for cause pursuant
to paragraph 7, below. If not otherwise terminated, the contract shall end on
September 30.2002.
5. Accounting: Records of FKFT pertaining to this project shall be kept on
generally recognized accounting principals, acceptable to Monroe County,
and shall be available to the BOCC or to an authorized representative for
audit.
2
6. Modification: Additions to, modification to or deletions from the provisions set
forth in this contract shall be effective only ih writing and approved by BOCC.
7. Breach of Services: The parties agree to full performance of the covenants
contained in this contract, and the BOCC reserves the right at its discretion,
provided such breach is material, to terminate the services provided in this
contract for any misfeasance, malfeasance, or nonperformance of the
contract terms or negligent performance of the contract terms by FKFT.
8. Indemnification and Hold Harmless: FKFT agrees to indemnify and hold
Monroe County and the Monroe County Tourist Development Council
harmless for any and all claims, liability, losses and causes of action which
may arise out of its fulfillment of the agreement. It agrees to pay all claims
and losses, including related court costs, and shall defend all suits filed due
to the negligent acts, errors or omissions of FKFT employees and/or agents.
9. Taxes: The BOCC and TDC are exempt from Federal Excise and
State Florida Sales Tax.
10. Finances Charges: The BOCC and TDC will not be responsible for any
finance charges.
11. Relation of BOCCITDC: It is the intent of the parties hereto that FKFT
shall be legally considered as an independent contractor and that neither it
nor its employees or agents shall, under any circumstance, be considered
servants or agents of the BOCC and TDC shall at no time be legally
responsible for any negligence on the part of said successful proposer, its
employees or agents, resulting in either bodily or personal injury or property
damage to any individual, firm, or corporation.
12 Disclosure: FKFT shall be required to list any or all potential conflicts of
interest, as defined by Florida Statute 112 and Monroe County Ethics
Ordinance. FKFT shall disclose all actual or proposed conflicts of interest,
financial or otherwise, direct or indirect, involving any client's interest which
may conflict with the interests of the BOCC and TDC.
13. Assignment: FKFT shall not assign, transfer, convey, sublet or otherwise
dispose of this proposal, or of any or all of its right, title or interest therein, or
his or its power to execute such contract to any person, company or
corporation without prior consent of the SOCC and TDC.
14. Compliance with Laws - Nondiscrimination: FKFT 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,
3
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.
15. Force Majeure: FKFT 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 FKFT has
exercised reasonable care in the prevention thereof, and any such delay or
failure shall not constitute a breach of this Agreement.
16. Governing LawNenue: This Agreement shall be governed and construed
by and in accordance with the laws of the State of Florida and constitutes the
entire agreement between the BOCC and TDC and FKFT. Venue of any
court action filed relative to this agreement shall lie in Monroe County,
Florida.
17. Antisolicitation: FKFT warrants that no person has been employed or
retained to solicit or secure this contract upon an agreement or
understanding for a commission, percentage, brokerage, or contingent fee
and that no member of the Monroe County government or the TDC has any
interest, financially or otherwise in FKFT or its subcontractors.
18. Severability: If any provision of the Agreement shall be held by a Court of
competent jurisdiction to be invalid or unenforceable, the remainder of this
Agreement, or the application of such provision other than those as to which
it is invalid or unenforceable, shall not be affected thereby; and each
provision of the Agreement shall be valid an enforceable to the fullest extent
permitted by law.
4
19. Notice: Any notice required or permitted under this Agreement shall be
in writing and hand-delivered or mailed, postage prepaid by certified mail,
return receipt requested, to the other party as follows:
ForFKFT
-,
Capt. Jim Sharpe
Florida Keys Fishing Tournaments Inc.
C/O: Sea Boots OutFitters
29975 U.S.1
Big Pine Key, FL 33043
To TDC/County:
Administrative Office
MCTDC .; ~
---. '1201 White Street
Suite 102
Key West, FL 33040-3328
TDC/County shall give notice to Provider of any meetings on which is an
agenda item pertaining to Fishing Umbrella.
20. Ethics Clause: Contractor warrants that helit has not employed retained or
otherwise had act on his/its behalf any former COUNTY office or employee
in violation of Section 2 or Ordinance NO.1 0-1990 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.
21. "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 a period of
36 months from the date of being placed on the convicted vendor list."
5
IN WITNESS WHEREOF, the parties have executed this agreement the day and year first
above written.
(SEAL)~..' -"'-_'"
Attest~/.... "''',.
~~,\~"~.:~' l .
"\~';I .
1J ~{I' . r.+'
~ ~~:; : i...... '," ( :A.HAGE CLERK
(SEAL)~ ur'
Attest:
Clerk
Approved as to form and legal sufficiency:
A KEYS FISHING
RNAMENTS, INC.
. ... ~
~ t'l~.aJ---' .- ."
.. 'ft-... ......,.-
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
Date:
6
EXHIBIT A
APPROPRIATIONS COMMITTEE
The Recommendation Committee of the FKFT Fishing Umbrella is comprised of five (5)
members, wi~h one member representing each of the five TDC districts throughout the
Florida Keys. Each member shall be engaged in business in the district which said
member represents, such business being related to the fishing industry. The members
shall be appointed by FKFT and confirmed by the TDC and BOCC.
As of the commencement of the contract effective October 1, 1999, the members shall be:
District I
LINDA LUIZZA
District II
BRETT T APOROWSKI
District III
EARL CANTRILL
District IV
SUZAN BAKER
District V
CHESTER MARR
Upon the cessation of operations of a member's fishing related business in the District for
which appointed, a member shall be immediately terminated from the Recommendation.
Committee and FKFT shall appoint a replacement and process the appointment for TOe
and BOCe approval. Additionally, FKFT may request approval from TOe and BOCC for a
replacement member of the Recommendation Committee for any reason it deems
appropriate.
7
Maxine Pacini
From:
Sent:
To:
Subject:
FishUmbrella@aol.com
Wednesday, May 30,20018:53 PM
AdminAsst@fla-keys.com; officemgr@fla-keys.com; Director@fla-keys.com
EMAIL #5: FKFT 2002 Board of Directors/Appropriations Committee
Email #5 Appropriation Committee
APPROPRIATION COMMITTE:
BOARD"OF DIRECTOR ALTERNATE
-------------------------------
DISTRICT 1 MIKE WEINHOFER TIM GREENE
2 BRETT TAPOROWSKI JIM SHARPE
3 EARL CANTRIL DAVE NAVARRO
4 SUZAN BAKER RICHARD STANCZYK
1