10/18/2006
FUNDING AGREEMENT
THIS AGREEMENT is made and entered into by and between Monroe County, Florida,
a political subdivision of the state of Florida ("County"), and The Outdoor Channel Holdings, Inc.
("Event Sponsor").
WHEREAS, Florida Keys Fishing Tournaments, Inc., 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 by Event Sponsor; and
WHEREAS, Event Sponsor has represented and agreed that it desires and is able to conduct
the event;
NOW, THEREFORE; in consideration of the mutual promises contained herein, the parties
agree as follows:
1. County shall pay a sum not to exceed $5,000 (Five Thousand Dollars) for promotion
and related e)(penditures, as described in the event budget, attached hereto as Exhibit S, for
production of The Outdoor Channel Offshore Classic on January 14-17, 2007 ("Event"). Payment
will be made only after Event Sponsor submits invoices and support documentation acceptable to the
County's Finance Department within ninety (90) days of the conclusion of the Event. Funding under
this agreement terminates ninety days after the conclusion of the Event. 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 the Event
budget may be utilized for unforeseen allowable expenditures and for those budget lines that may
require additional funds, according to County guidelines. Monroe County's performance and obligation
to pay under this agreement is contingent upon an annual appropriation by the County.
2. !In a situation where the Event has to be postponed due to a named storm or hurricane
for which the County orders a visitor and/or resident evacuation order, the Event Sponsor shall have
thirty (30) days to provide to Florida Keys Fishing Tournaments, Inc. notice of a new date for the Event,
and shall produce the re-scheduled Event within ninety (90) days of the original date of Event. The
rescheduled date shall be authorized, in writing, by The Florida Keys Fishing Tournaments, Inc. and
forwarded to the Tourist Development Council administrative office to be processed in the form of an
Amendment to this Agreement. If the Event Sponsor is unable to reschedule the Event, the Event
Sponsor shall provide proof of the cancellation being caused by a named storm or hurricane, and a
written statememt as to why the Event cannot be rescheduled.
If the Event is cancelled or rescheduled due to a named storm or hurricane for which the
County orders a visitor and/or resident evacuation order, the County shall pay for promotion or related
expenditures of any combination of invoices for the original event date, and/or the rescheduled date up
to the amount, but not to exceed the amount of funds allocated as described in the budget, attached
hereto as Exhibit S.
3. Event Sponsor shall provide promotion and related services as described in the
Sponsor's application for funding, Exhibit A, attached hereto. All advertising and public relations
services or supervision of advertising and publiC relations will be provided through the contracted
agencies of thiS TDC and County. The agencies of record, shall receive payment of work in progress
The Outdoor Channel Offshore Classic
Fishing Umbrella Funding FY 2007
1
upon submission of documented invoices associated with the Event. Event Sponsor fully understands
that funding is obtained from tourist development taxes for which the fiscal year ends September 30,
2007. Event Sponsor also understands that the funding process through which this was Agreement is
made available by County requires event sponsors to submit their payment requests within ninety (90)
days of the conclusion of the event. 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 proc,ess of the County requires the Event's funding to be concluded in a timely manner. In
recognition thall 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 within ninety (90) days of the conclusion of the Event all invoices and support documentation as
required by the County's Finance Department rules and policies. Event Sponsor shall not be
reimbursed nor will Event Sponsor's vendors be paid directly for any invoices received by the County
after April 18, :W07.
4. No person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to e~nforce or attempt to enforce or attempt to enforce any third-party claim or entitlement to
or benefit of any service or program contemplated hereunder, and the County and the Event Sponsor
agree that neither the County nor the Event Sponsor 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.
5. I::vent Sponsor shall reimburse County for any amount of funds expended by County in
connection with the Event if it does not occur as a result of any act or omission by Event Sponsor.
6. 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 the 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.
7. 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.
8. 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.
9. 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.
10. 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
The Outdoor Channel Offshore Classic
Fishing Umbrella Funding FY 2007
2
recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former or
present County officer or employee.
11. 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 provide,d in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list. By signing below, Event Sponsor warrants that he/she/it is
not in violation of this paragraph.
12. 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, attached hereto. Radio Advertising shall 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.
13. Insurance Requirements are as follows: 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
BOCC 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 ~lnY 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
"AdditionallnsLJred" 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
The Outdoor Channel Offshore Classic
Fishing Umbrella Funding FY 2007
.
.
3
. Blanket contractual Liability
. Personal Injury Liability
. Expanded Definition of Property Damage
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 shall 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 Event.
Recognizing that the work governed by this contract involves the sales andlor 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 Event Sponsor's General Liability policy.
14. Event Sponsor shall not assign or subcontract its obligations under this agreement, except in
writing and with the prior written approval of the Board of County Commissioners for Monroe County and
Vendor, which approval shall be subject to such conditions and provisions as the Board may deem
necessary.
IN WITNESS WHEREOF, each party has cau~greement to be executed by its duly
authorized representative, the 1'8'~ day of () . 2006.
.
Board of Cou Commissioners
of Monroe C u
irman
By.
Secretary
By
President/Event Sponsor
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APPRO ED AS TO FORM:
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(CORPORATE SEAL)
Attest:
Print Name
OR
(1) Witness
Print Name
(2) Witness
4
Print Name
The Outdoor Channel Offshore Classic
Fishing Umbrella Funding FY 2007
DAY 1
DAY 2
DAY 3
FLORIDA KEYS FISHING TOURNAMENTS, INC.,
TOURNAMENT SCHEDULE OF EVENTS
FISCAL YEAR 2006-2007
THE OUTDOOR CHANNEL OFFSHORE CLASSIC
PRINT TOURNAMENT NAME
AM LINES IN WATER
PM LINES OUT OF WATER
4:00 PM EVENING EVENT
PM WEIGH-IN OVER
6:30 PM OTHER EVENT CAPTAINS BRIEFING
8:00 AM LINES IN WATER
4:00 PM LINES OUT OF WATER
6:30 PM EVENING EVENT
6:00 PM WEIGH-IN OVER
--- PM OTHER EVENT
8:00 AM LINES IN WATER
4:00 PM LINES OUT OF WATER
PM
EVENING EVENT
6:00 PM WEIGH-IN OVER
7:00 PM OTHER EVENT AWARDS BANQUET
Exhibit A
Exhibit B
BUDGET BREAKDOWN
FLORIDA KEYS FISHING TOURNAMENTS, INC.
OCTOBER 1, 2006 TO SEPTEMBER 30, 2007
OUTDOOR CHANNEL OFFSHORE CLASSIC
TOURNAMENT NAME
JANUARY 14-17, 2007
TOURNAMENT DATE
JIRECT MAIL & POSTAGE
$1,170.00
3ROCHURES, POSTERS,
~ROGRAMS, PATCHES
$1,330.00
*TROPHIES
$0.00
PHOTO PROGRAM
$0.00
~EDIA ADVERTISING
$2,500.00
T-SHIRTS, CAPS, JACKETS
$0.00
*GENERAL NON-ALLOCATED
$0.00
$5,000.00
*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.
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