FY2008 10/17/2007
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 Lower Keys Chamber of
Commerce, 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 $8,000 (Eight Thousand Dollars) for
promotion and related expenditures effective October 17, 2007, as described in the event
budget, attached hereto as Exhibit S, for production of the Big Pine & Lower Keys Dolphin
Tournament in June 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,
Big Pine & Lower Keys Dolphin Tournament
Fishing Umbrella Funding FY 2008
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 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 Seotember 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.
Big Pine & Lower Keys Dolphin Tournament
Fishing Umbrella Funding FY 2008
2
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.
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 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 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 of 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 LOQo: 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 LOQo: 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
Big Pine & Lower Keys Dolphin Tournament
Fishing Umbrella Funding FY 2008
3
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.
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:
Big Pine & Lower Keys Dolphin Tournament
Fishing Umbrella Funding FY 2008
4
$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.
IN WITNESS WHEREOF, each pa~ has caused th~AJ;jreement to be executed by its
duly authorized representative, the r; ~ day of tJ( bv---. 2007.
Board of County Commissioners
of Monroe County
~U&~
Mayorl air an
(CORPORATE SEAL)
Attest:
Lower Keys Chamber of Commerce, Inc.
By.
Secretary
B~ :-.~---? '---.:::;>
~e~t/Event Sponsor
Print Name
~2,r-~_ ~4_.c>4
/"
Print Name
OR
(1) Witness
(2) Witness
'V1 J" ,. ,"" '
.J J\.:~ l!r;~J .30UNOi.J
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MONROE COUNTY ATTORNEY
APPROVED AS T~
~~~ ~
SUSAN M. GRI LEY
ASSISTANT COUNTY ATTORNEY
Date IP. - II - d..-OO-'
Print Name
Print Name
02 :~ Wd L - liON LDOZ
Big Pine & Lower Keys Dolphin Tournamenl C
Fishing Umbrella Funding FY 2008
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In-County LOQO
The
Floridd Keys
...
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
Out-ot-County LOQO
The
Floridd Keys
...
Big Pine & Lower Keys Dolphin Tournament
Fishing Umbrella Funding FY 2008
6
EXHIBIT A
FLORIDA KEYS FISHING TOURNAMENTS, INC,
TOURNAMENT SCHEDULE OF EVENTS
FISCAL YEAR 2007-2008
BIG PINE AND LOWER KEYS DOLPHIN TOURNAMENT
DAY 1 __AM LINES IN WATER
_,_PM LINES OUT OF WATER
5: 00 PM EVENING EVENT-
_:_PM WEIGH-IN OVER
7: 00 PM OTHER EVENT -
REGISTRATION
CAPTAIN'S MEETING
DAY 2 8: 00 AM LINES IN WATER
_,_PM LINES OUT WATER
_:_PM EVENING EVENT
6: 30 PM WEIGH-IN OVER
_:_PM OTHER EVENT
DAY 3 8: 00 AM LINES IN WATER
_:_PM LINES OUT WATER
4: 00 PM EVENING EVENT-
5: 00 PM WEIGH-IN OVER
6: 00 PM OTHER EVENT - AWARDS CEREMONY
BANQUET
DAY 4 _:_AM LINES IN WATER
_:_PM LINES OUT WATER
_:_PM EVENING EVENT
_:_PM WEIGH-IN OVER
_:_PM OTHER EVENT
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:
Big Pine & Lower Keys Dolphin
MEDIA PLACEMENT & PRODUCTION COSTS: newspaper, radio, m., $4,250.00
TV, webslte/internet advertising only
PROMOTIONAL SIGNS: posters/banners
$ 200.00
PROMOTIONAL ITEMS: t-shirts, hats, jackets. kOQzie cups
$1,900.00
DIRECT MAIL PROMOTIONS: brochures/pamphlets/
postage & shipping
$ 150.00
PROGRAMS:
PUBLIC RELATIONS
'TROPHIES:
$1,200.00
$ 300.00
$8,000.00
"GENERAL NON.ALLOCATED
TOTAL:
'TOURNAMENTS 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. 315197
"GENERAL NON ALLOCATED MAY NOT EXCEED 15% OF THE ABOVE BUDGET.
AND CAN ONLY BE UTILIZED FOR ACCEPTABLE TDC ITEMS.
ACTUAL EXPENDITURES MAY DEVIATE NO MORE THAN 10% FROM THE BUDGETED LINE ITEMS
NOTED ABOVE.
EXHIBIT B
~ Edilioo
MONROE COUNTY, FWRIDA
Request For Waiver
of
lDsuRace Requiremenfll
It is requeDd thIIt the iosur8nce ~ as specified in the County'. Schednle of~
~ be waived or modified on the folIowin& contract.
Contndor: See Event Attachment- FISHING
N._on:.tMy: L.vlAJti' kR~ir (t......-\-.~r tTj (01'f/f~ ,1/A.-C
N_ofEvRt: ~;':l q,~ +- ~ ~ Ocl?~:'" -I~
CoDtr8et for: Services
Add.- ofContl'lletor:
C/O 1DC Au: Maxine
PIoone: 305-296-1552
St:ope of wort<: Adverti..mo and PromOtion
~ for W8iYer: Providino fimd.~ to orom.o1e event onlv.... ),(;nimal exoosure to
countv
PoIideo WlIInr wID
.ppIy to: See Attached
_.._~v>>. ~~~
APP~~ Not Approved
RIokMr-'1 ....:')ill 50;;)." Q , S-/'S -0")
DUe: s~ \ S ,() 1
Couty Adllliaistl'lltor AppeltI:
Appl'O'fed
Not Approved
DUe:
BolIn! of Coaty C_..........n App.!:
Approved
Not Apprnved
Medina D8te:
Ad......tiuoIluVneIiooI
#4709.2