10/17/2007 Agreement
FUNDING AGREEMENT
THIS AGREEMENT is made and entered into by and between Monroe County, Florida,
a f;o~cal SUbdiVisio~the state of Florida ("County"), and James Bokor ("Event Sponsor") on this
) Clay of (irilJ , 2007.
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 $1,500 (One Thousand and Five Hundred
Dollars) for promotion and related expenditures effective October 17, 2007, as described in the event
budget, attached hereto as Exhibit B, for production of the Islamorada All-Tackle Spring Bonefish
Tournament in March, 2008 ("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 statement 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 B.
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
Islamorada AII- Tackle Spring Bonefish Tournament
Fishing Umbrella Funding FY 2008
1
agencies of the TDC and County. The agencies of record, shall receive payment of work in progress
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,
2008. 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 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 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 June 30. 2008.
4. No person or entity shall 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 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. Event 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 four (4) 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.
Islamorada AII- Tackle Spring Bonefish Tournament
Fishing Umbrella Funding FY 2008
2
10. Event Sponsor warrants that he/shelit 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.
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 I~r 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. By signing below, Event Sponsor warrants that he/she/it is
not in violation ,)f this paragraph.
12. Loao: All promotional literature and display advertising with the
exception of generic advertising must display the "Florida Keys & Key West Come As You Are"
logo/trade mark (as per attached logo sample). This logo/trade mark was adopted by the TDC and
County in December 2006.
In-Countv Logo: The logo that includes the "Monroe County Tourist Development Council" designation
is to be utilized in all approved in-county print newspaper ads, magazine ads, street banners, posters
and other approved signage efforts. Radio commercials should include "Brought to you by The
Monroe County Tourist Development Council". To seek approval, clarification and/or logo in electronic
format (eps or jpg file), contact Lauren Bernat or John Underwood with Tinsley Advertising at 305-856-
6060.
Out of County Loao: The out of county logo does NOT include the "Monroe County Tourist
Development Council" designation and is to be utilized in all other efforts including any approved out-
of-county print newspaper ads, magazine ads, television commercials, internet advertising (banners,
buttons, e-mail blasts), direct mail promotions (brochures and pamphlets) and any approved
promotional items including programs, T-shirts, hats, jackets, trophies and koozie cups. Radio
commercials should include "Brought to you by The Monroe County Tourist Development Council". To
seek approval, clarification and/or logo in electronic format (eps orjpg file), contact John Underwood at
Tinsley Advertising at 305-856-6060.
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.
Islamorada All-Tackle Spring Bonefish Tournament
Fishing Umbrella Funding FY 2008
3
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 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
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 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 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.
(SEAL)
Attest: Danny L. Kolhage, Clerk
Board of County Commissioners
of Monroe County
Islamorada AII- Tackle Spring Bonefish Tournament
Fishing Umbrella Funding FY 2008
4
(SEAL)
a~~h.ge C...
-><tJ.. '" ..~ .>
De uty Clerk
(CORPORATE SEAL)
Attest:
By.
Secretary
Print Name
OR
(1) Witness
Print Name
(2) Witness
Print Name
Islamorada AlI- Taokle Spring Bonefish Tournament
Fishing Umbrella j~unding FY 2008
Board of County Commissioners
of Monroe County
~~~~
Mayor/Chairman
James Bokor
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Print Name
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In-County Loao
The
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MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
Out-of-Count" Loao
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Is/amorada AII- Tackle Spring Bonefish Tournament
Fishing Umbrella Funding FY 2008
6
DAY 1
DAY 2
DAY 3
DAY 4
EXHIBIT A
FLORIDA KEYS FISHING TOURNAMENTS, INC.,
TOURNAMENT SCHEDULE OF EVENTS
FISCAL YEAR 2007-2008
Islamorada All-Tackle Spring Bonefish Tournament
PRINT TOURNAMENT NAME
: AM LINES IN WATER
--
PM
LINES OUT OF WATER
PM
EVENING EVENT
: PM WEIGH-IN OVER
--
6:00 PM OTHER EVENT Kickoff Dinner
--
7:30 AM LINES IN WATER
--
3:30 PM LINES OUT WATER
--
3:30 PM EVENING EVENT (hors d'oeuvers & cash bar)
5:00 PM WEIGH-IN OVER
--
._ :_PM OTHER EVENT
7:30
AM LINES IN WATER
3:30 PM LINES OUT WATER
.--
3:30
PM EVENING EVENT (hors d'oeuvers & cash bar)
5:00 PM WEIGH-IN OVER
---
5:00 PM
OTHER EVENT Angler & Guide Meeting
7:30 AM LINES IN WATER
---
3:30 PM LINES OUT WATER
3:30 PM EVENING EVENT (hors d'oeuvers & cash bar)
5:00 PM WEIGH-IN OVER
7:00
PM OTHER EVENT
Awards Dinner
EXHIBIT B
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
FISHING UMBRELLA EVENT BUDGET
BUDGET BREAKDOWN
line item listed below shall be approved by the appropriate agency of record
FISCAL YEAR 2008
EVENT NAME:
Islamorada All-Tackle Spring Bonefish Tournament
MEDIA PLACEMENT & PRODUCTION COSTS: newspaper, radio, magazines,
TV, websitelinternet advertising only
PROMOTIONAl" SIGNS: posters/banners
PROMOTIONAI~ ITEMS: t-shirts, hats. jackets, kOQzie cups
$1,050.00
DIRECT MAIL I'ROMOTIONS: brochureslpamphlets/
postage & shipping
PROGRAMS:
PUBLIC RELATIONS
'TROPHIES:
$ 450.00
-GENERAL NC)N.ALLOCATED
TOTAL:
$1,500.00
"TOURNAME~ITS CANNOT EXCEED MORE THAN 30% OF THE TOTAL BUDGET IN TROPHY
LINE ITEM EXCEPT WHEN TOURNAMENTS RECEIVED SPECIAL APPROVAL FROM FKFT,INC.
BOARD OF DIRECTORS. 3/5/97
""GENERAL NON ALLOCATED MAY NOT EXCEED 15% OF THE ABOVE BUDGET.
AND CAN ONL.Y BE UTILIZED FOR ACCEPTABLE TDC ITEMS.
ACTUAL EXPE,NDITURES MAY DEVIATE NO MORE THAN 10% FROM THE BUDGETED LINE ITEMS
NOTED ABOVE.
19t6 Editio.
MONROE COUNTY. FLORIDA
Request For WlIiver
of
Insunncc Requirements
It is r>eqUDSb:d tbIII the iDsar8nce requiremoaIs, II specified in the County'. Schedule of IDsuruI:a
Requiremen1s, be waMd or modified OIlb following contract.
Contractor: See Event Attaclunent - FISHING
N_ of Eadty: -:sa If--\{) c; ~ L-n---l
NameofEveat: ..::I:s.lo 1'1~ fI1{ ""1Irc..k.k.
Sfn~~
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CoDtrad lor: Services
Addrea of Coatndor:
C/O TOe AU: M:nrine
~Dr. 30S-2~1552
Sc:ope ofWortc Advmti..ino and PromOtion
ReMoD lor WldYer: Providino fimd.. to DIlJIIlOIe event onlv.... ~lni"",1 exoos1ire to
countv
Pl>Iidoo WDIYer will
apply to: See A1hot-.hM
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Date" S~ \ S'C 1
Cotmty Admlailtntor AppaI:
Approved
NotA.............
Date"
_n1 ofCollaty C_......... AppaI:
Approved
Not App"",ed
Mod.... Daie:
Ad.miltratiool Iut:rudioII
#4709.2