Item D3BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: SEPTEMBER 17, 2008 Division: TDC
Bulk Item: Yes X No _ Department:
Staff Contact Person/Phone #: Maxine Pacini
296-1552
AGENDA ITEM WORDING:
Approval of an Assignment of Agreement from World Sailfish Championship Charitable Foundation,
Inc. to Executive Adventures, LLC for the April 2008 World Sailfish Championship in the amount of
$37,500.
1I VA -UV 1MIX411"C" M1101113,
PREVIOUS RELEVANT BOCC ACTION:
BOCC approved original Agreement at their meeting of October 17, 2007
CONTRACT/AGREEMENT CHANGES:
Assignment of Agreement
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $37,500
COST TO COUNTY: $37,500
BUDGETED: Yes X No
SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing X Risk Management X
DOCUMENTATION:
DISPOSITION:
Revised 11/06
Included X Not Required
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract With: Executive Adventures, Inc. Contract #
Effective Date:
Expiration Date
TDC ID#: 326
10/ 17/07
9/30/08
Contract Purpose/Description:
Approval of an Assignment of Agreement from World Sailfish Chamnionshi
Charitable Foundation, Inc. to Executive Adventures, LLC for the April 2008
World Sailfish Championship in the amount of $37,500.
Contract Manager: Maxine Pacini 3523 TDC # 3
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 9/17/08
Deadline: 9/2/08
CONTRACT COSTS
Total Dollar Value of Contract: $ 37,500
Budgeted? Yes® No ❑ Account Codes
Grant: $
County Match: $
Current Year Portion: $
_115-75022-530340-T85F-426-X-530480
115-75022-530340-T85F-426-X-530410
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (eg. maintenance.
CONTRACT REVIEW
Changes
lities, janitorial, salaries, etc.
F)ato In Needed eviwer
Division Director Yes❑ No[]
Risk Manage ent Yes❑ No[
��cc��,,�ti°
O.M.B./PurchSng az. Yes❑ No❑
County Attorney q4�T Yes❑ Nog
Comments:
OMB Form Revised 2/27/01 MCP #2
C. Hall
Date Out
V—/, zef
5�A7.0,)(
`L 110
ASSIGNMENT AND ASSUMPTION OF FISHING UMBRELLA CONTRACT
AND CONSENT TO ASSIGNMENT BY MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
THIS ASSIGNMENT AND ASSUMPTION AGEEMENT AND CONSENT TO
ASSIGNMENT ("Agreement") is made to be effective this day of September
2008, by and between World Sailfish Championship Charitable Foundation, Inc., on
the one hand ("Event Sponsor/Assignor"), and Executive Adventures, LLC, on the
other hand ("Assignee").
WHEREAS, an agreement was entered into on October 17, 2007, attached
hereto, between County and World Sailfish Tournament Charitable Foundation, Inc.
(Event Sponsor/Assignor) (the "Fishing Umbrella Contract") to use Tourist
Development funding for the promotion of the World Sailfish Championship in April,
2008 (the "Event"); and
WHEREAS, through a scrivener's error, the name of the Event
Sponsor/Assignor was listed in the Fishing Umbrella Contract as World Sailfish
Tournament Charitable Foundation, Inc., but the correct name of the Event
Sponsor/Assignor is World Sailfish Championship Charitable Foundation, Inc., and
the parties wish to correct this information through this Agreement; and
WHEREAS, the Event Sponsor/Assignor was not able to continue to sponsor
the Event; and
WHEREAS, the Assignee is qualified and did agreed to sponsor and produce
the Event; and
WHEREAS, under Paragraph 14 of the Fishing Umbrella Contract, written
consent of the Monroe County Board of County Commissioners is required prior to
assignment of said contract from Assignor to Assignee.
NOW THEREFORE, the above parties agree as follows:
The name of the Event Sponsor/Assignor in the Fishing Umbrella Contract is
hereby corrected to read World Sailfish Championship Charitable Foundation,
Inc. wherever it appears in said document.
2. Event Sponsor/Assignor hereby assigns, transfers and sets over to Assignee
all of its rights, title and interest in, to and under the Fishing Umbrella Contract,
subject to the terms, covenants, agreements, representations and covenants
set forth therein.
Assignment of Agreement with The World Sailfish Championship Charitable Foundation, Inc. to Executive
Adventures, LLC.
1D #: 326
3. Assignee shall and does assume all obligations and responsibilities of Event
Sponsor/Assignor under the Fishing Umbrella Contract.
4. County approves and consents to the assignment of the Fishing Umbrella
Contract from Assignor to Assignee, the new Event Sponsor.
5. Paragraph 1 of the contract shall read:
County shall pay a sum not to exceed $37,500 (Thirty Seven Thousand and
Five Hundred Dollars) for promotion and related expenditures effective
October 17, 2007, as described in the event budget, attached hereto as
Exhibit B, for production of the World Sailfish Championship in April, 2008
("Event"). Payment will be made only after Event Sponsor submits invoices
and support documentation acceptable to the County's Finance Department
by September 30, 2008.
6. All other provisions of the Fishing Umbrella Contract dated October 17, 2007,
not inconsistent herewith, remain in full force and effect.
IN WITNESS WHEREOF, the parties have set their hands and seal on the
day and year first above written.
World Sailfish Championship Charitable Foundation, Inc.
(Assignor)
By:
Print Named,,<,aC. _
OR TWO WITNESSES
(1
(2)
(1) (2)
Print Name Print Name
Assignment of Agreement with The World Sailfish Championship Charitable Foundation, Inc. to Executive
Adventures, LLC.
I D #: 326
2
Executive Adventures, LLC.
(Assignee) _
By: President
Print Name
OR TWO WITNESSES
(1) (2
Print Name
Print Name
Consent of Monroe County Board of County Commissioners to
Assignment and Assumption
The undersigned hereby consents to the foregoing Assignment and Assumption of
Fishing Umbrella Contract, by and between Assignor and Assignee.
Effective as of the day of September 2008.
(SEAL)
ATTEST: DANNY L. KOLHAGE BOARD OF COUNTY COMMISSIONERS
CLERK OF MONROE COUNTY, FLORIDA
Deputy Clerk Mayor/Chairperson
MONROE COUNTY ATTORNEY
AAPROVEQ AS TO FQRM,
FYNTHIA L. HALL
ASSISTANT COUNTY ATTORNEY
Date 1 - 6 - oZ 00$
Assignment of Agreement with The World Sailfish Championship Charitable Foundation. Inc. to Executive
Adventures, LLC.
ID #: 326
3
t�ore�u��s
Thursday, Auginit 7, 2008
To whom it may concern:
The World Sailfish Championship Charitable Foundation wishes to assign the 2008
World Sailfish Championship fishing event funding agreement in the amount of
$37,500-00 to Executive Adventures, LLC.
Kind rega►ds,
s
e
4�� -
�.4
Christopher King
President
r•::���w`•.
: AACC-Y SUSAN SWITALA
!
WC FTARY PUBLIC - STATE ()p ftIORIDA
i
COMMISSION # pD 405081
EXPIRES 10l13/2008
SON11�0 THFtU 7• N08-NOTARYt
STATE Of R OR(DA
COUNTY OF _._ 1 t , I I c S
Sworn to (or a f{"irnned) and subscHbed before me this day of
42
Ssgranme ofNotary
WOW Sailttab
Cira#s,�l6s�t�ip - ti,
'$AS .
2120 Range Road, Clearwater, FL 33765 • phone 727-631-0072 • Fax 727-669-2591 www.eadventures,com
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 World Sailfish
Tournament Charitable Foundation, 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 $37,500 (Thirty Seven 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 World
Sailfish Championship in April,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,
World Sailfish Championship
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 July 31, 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 shah 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.
World Sailfish Championship
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. Logo: 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 -County 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 Logo: 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
World Sailfish Championship
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:
World Sailfish Championship
Fishing Umbrella Funding FY 2008
$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 party has caused th�/�g�reement to be executed by its
duly authorized representative, the 0 - day of Cl � 2007.
(SEAL)
Attest: Danny L. Kolhage, Clerk
(CORPORATE SEAL)
Attest:
By.
Secretary
Print Name
NO
(1) Witness
Print Name
(2) Witness
Print Name
World Sailfish Championship
Fishing Umbrella Funding FY 2008
Board of County Commissioners
of Monroe County
Deputy Clerk 7 Mayor/Chairman
World Sailfish Tournament Charitable Foundation, Inc.
By_44
-�
PresidenVEvent Sponso
4,62
Print Name
MONROE COUNTY ATTORNEY
APPROVED g
ORM:
SUSAN PA. MSLEY
ASSISTANT C
Date / i OUNTY ATTORNEY
I
In -County Logo
The
Florida Keys
& Key�lest
0
.. come as you are
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
Out -of -County logo
The
Florida Keys
& Key �iSt 0 0 0 0 *Me dS YOU are
World Sailfish Championship
Fishing Umbrella Funding FY 2008
6
FLORIDA 'YS FISHING TOURNAMENTS, INC.,
TOUT-_-,,MENT SCHEDULE OF EVENTS EXHIBIT A
FISCAL YEAR 2007-2008
World Sailfish Championship
PRINT TOURNAMEIJT NAME
DAY 1 8:00 AM LINES IN WATER
3:30 PM LINES OUT OF WATER
7:00 PM EVENING EVENT
PM WEIGH-IN OVER
PM OTHER EVENT
DAY 2 8:00 AM LINES IN WATER
3:30 PM LINES OUT WATER
5:30 PM EVENING EVENT
_:_PM WEIGH-IN OVER
7:00 PM OTHER EVENT Charity Celebrity Dinner hosted by
General H. Norman Schwarzkopf ($500/plate fundraiser)
presented by KeysCaribbean, a Cortex Company
DAY 3 AM LINES IN WATER
PM LINES OUT WATER LAY DAY
PM EVENING EVENT
_:_PM WEIGH-IN OVER
PM OTHER EVENT Private & VIP Parties
DAY 4 7:00 AM LINES IN WATER
2:00 PM LINES OUT WATER
7:00 PM EVENING EVENT Award's Banquet
PM WEIGH-IN OVER
___ PM OTHER EVENT
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: World Sailfish Championship
MEDIA PLACEMENT & PRODUCTION COSTS: newspaper, radio, magazines,
TV, website/internet advertising only
PROMOTIONAL SIGNS: posters/banners $ 1,200.00
PROMOTIONAL ITEMS: t-shirts, hats, jackets, koozie cups $ 6,000.00
DIRECT MAIL PROMOTIONS: brochures/pamphlets/
postage & shipping $ 2,200.00
PROGRAMS: $18,000.00
PUBLIC RELATIONS $ 2,300.00
*TROPHIES: $ 3,800.00
**GENERAL NON -ALLOCATED $ 4,000.00
TOTAL: $ 37,500.00
* 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. WSW
**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.
0% Edition
MONROE COUNTY, FLORIDA
Request For Waiver
Of
Insurance Requirements
It is requested that the insurance requirements, as specified in the Catmty's Schedule of bmance
Requirements, be waived or modified on the following contract.
Contractor. See Event Attachment - FISHING
Contract for•. t
Address of Contractor: GO TM Att: NWdne
rt o1: 305-- 9 1552
sew of work: Ad3ngi init and Promotion
Polides Waiver wM
apply to, See Attached
Siipsatire of Cmb*cmr:
Approved✓' Not Approved
Risk Management: � � � ,
Date:
County Administrator Appeal:
Approved _
Date:
Board of Cooaty Commissioners Appal:
Approved --
Meeting Date:
Administration lastriwtion
#4709.2
Not Approved
Not Approved