FY2011 10/20/2010 AgreementFUNDING 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 Redbone, Inc.
("Event Sponsor") on this 20! day of &J:fi , 2010.
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 $6,000 (Six Thousand Dollars) for
promotion and related expenditures effective October 20, 2010, as described in the event
budget, attached hereto as Exhibit "D", for production of the Robert James S.L.A.M Celebrity
Tournament in September, 2011 ("Event"). No amendments shall be made to Exhibit "D"
after approval of contract. 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 shall
not exceed 15% of the total budget and 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
Robert James SLAM Celebrity Tournament
Fishing Umbrella Funding FY 2011
Contract ID#: 713
1
rescheduled date up to the amount, but not to exceed the amount of funds allocated as
described in the budget, attached hereto as Exhibit D
3. Event Sponsor shall provide promotion and related services as described in the
Sponsor's Schedule of Events, Exhibit "C", 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, 2011. Event Sponsor also understands that the funding
process through which this 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 December 10, 2011. A list of Acceptable Event
Marketing Expenses is attached to the contract as Exhibit "A".
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. Indemnification: Event Sponsor covenants and agrees to indemnify and hold
harmless Monroe County, the Tourist Development Council, the 3406 North Roosevelt
Corporation (Visit Florida Keys), their officers, employees and agents 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.
7. Claims and Venue: Event Sponsor agrees to notify County immediately of any
claims suits, or action made against the Event Sponsor that is related to the activity under this
agreement, and will cooperate with County in the investigation arising as a result of any action,
Robert James SLAM Celebrity Tournament
Fishing Umbrella Funding FY 2011
Contract ID#: 713
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suit, or claim related to this Agreement. Any legal proceedings arising out of this agreement
shall be in accordance with the laws of the state of Florida in the 16th Judicial Circuit for Monroe
County; venue shall be in Monroe County, Florida.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. Logo: Logo Usage guidelines are attached to this contract as
Exhibit "B". 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
April, 2010.
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,
Robert James SLAM Celebrity Tournament
Fishing Umbrella Funding FY 2011
Contract ID#: 713
3
clarification and/or logo in electronic format (.eps or .jpg file), contact Sharon Joseph 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 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, 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. Or .jpg file),
contact John Underwood at Tinsley Advertising at 305-856-6060.
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, the p;
above written.
(SEAL)
Attest: Danny L. Kolhage, Clerk
Deputy Clerk
(CORPORATE SEAL)
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this Agreement, effective the day and year first
Board of County Commissioners
of Monroe County
444_1�_� —
Mayor/Chairman
The Redbone, Inc.
nt/Event Sponsor
Print Name
Date: la I Q Irp
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(1) Witness Print Name
Robert James SLAM Celebrity Tournament
Fishing Umbrella Funding FY 2011
Contract ID#: 713
O1 CJ ,�f>nA r1
Print Name
vIONROE COUNTY ATTORNEY
APFROVED„AS .TO FOfW: A
_`: NTH!A L. HAUL
AS nIJNTY ATTORNEY
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EXHIBIT A
Acceptable Event Marketing Expenses for Fishing Events
BOCC 9/20/06
ADVISORY COMMITTEES (UMBRELLAS/DISTRICT ADVISORY COMMITTEES) AND EVENT
COORDINATORS' RESPONSIBILITY: It is the responsibility of the Advisory Committees
(Umbrella/District Advisory Committees (DAC) and Event Coordinators to keep apprised of all Monroe
County Tourist Development Council's policies and procedures pertaining to event funding. 01/22/92
When DAC event proposals are received, they will be distributed to DACs for review and
recommendations to the TDC. Upon approval of the TDC of any event funding recommendations, a
contract will be entered into by the applicant and BOCC. The BOCC has final approval of all contracts.
Any Request for Proposal (RFP) response received after the specified deadline, as determined within the
RFP, will not be accepted. TDC 7/21/93 This policy mirrors that of the Board of County Commissioners.
BOCC 9/8/93
EVENT FUNDING: The TDC has established several categories of events that may receive funding.
There are four categories of events that may receive funding from the TDC; Destination Events; Turnkey
Events; Cultural Events and Fishing Events.
All advertising and promotional items shall follow the logo/guidelines for the Monroe County Tourist
Development Council.
TDC funded items are NOT to be sold. 9/14/94
Only the items listed will be reimbursed for the described events. All event coordinators will receive a
reimbursement/direct payment packet that includes an executed copy of the funding agreement. The
packet provides guidelines required for reimbursement/direct payment of Acceptable Event Marketing
Expenses.
No individual applications for Event funding will be considered out of the Two Penny Event Fund other
than the Umbrellas (Cultural, Fishing & Diving). 7/26/95
Marketing expenses for events held outside Monroe County shall not be reimbursed/direct paid. (5/19/10)
FISHING EVENTS:
Media Placement & Production Costs: newspaper; magazines, radio; TV; website/internet advertising
only
Promotional Signs: posters and banners
Promotional Items: T-shirts; hats; jackets; koozie cups; trophies/awards (Fishing Tournaments only)'
Refer to Sales/Resale statement.
Direct Mail Promotions: brochures and pamphlets including postage/shipping . This is a direct mail
promotional brochure/pamphlet utilized for pre -event advertising.
Robert James SLAM Celebrity Tournament
Fishing Umbrella Funding FY 2011
Contract ID#: 713
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Programs: TDC will pay for an event program of listed or schedule of activities and information on the
event, an amount not to exceed 50% of cost, including production and printing, of program as outlined in
contract budget.
Public Relations: Public relations expenses that are approved by public relations agency of record.
' TROPHIES: framed art work, framed photography, engraved crystal and glass, plaques, trophies,
sculptures (fiberglass, metal, glass & wood) and framed certificates shall constitute a trophy. All such
trophies must include the appropriate information as outlined in the policies (tournament name, date, and
location). 9/14/94 For TROPHY reimbursement, Tournament Directors must present the original invoice
of the trophies, a notarized list of winners of the event, and a notarized list of the plates and/or glass
etching from the engraving company. 8/20/03.
2 ADVERTISING THROUGH THE INTERNET: The TDC will pay for Internet advertising on web sites
(banners, buttons, website links), and E-mail blasts. Internet advertising links may go to the event
website. Logo is required on banners and E-blasts. No payment will be made for development or
operation (hosting) of website. BOCC 5/16/06
SALE/RESALE OF TDC FUNDED ITEMS: Items funded, including creative and resulting work product,
by the BOCC/TDC, in accordance with Florida Public Records Law, are owned by the BOCC/TDC and as
such may not be sold. 09/14/94
Robert James SLAM Celebrity Tournament
Fishing Umbrella Funding FY 2011
Contract ID#: 713
0
EXHIBIT B
Logo/Acknowledgement Usage Guidelines For Fishing Events
BOCC 4/21/10
Color ads four (4) color processing printing 06/12/91
Black & white ads shall include the Florida Keys and Key West logo in PMS black. 06/12/91
Use on all printed material as listed under the Acceptable Event Marketing Expenses list
TV: logo must appear at the conclusion of commercial
Hats/t-shirts/jackets/koozie cups: must carry the "The Florida Keys & Key West" logo
Radio Advertising: No logo is required. All radio announcements must say "Brought to you by
the Monroe County Tourist Development Council"
Trophies: Logos are not required on trophies.
In -County Logo
The below 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 Sharon Joseph or John Underwood with
Tinsley Advertising at 305-856-6060.
The
FloriddKevr"c
& Key��Iest
come es you ere
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
Out -of -County Logo
The below logo that does NOT include the "Monroe County Tourist Development Council"
designation 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 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 or jpg file), contact Sharon Joseph or
John Underwood at Tinsley Advertising at 305-856-6060.
The
FloriddKeys
&KevA
come es you are®
Robert James SLAM Celebrity Tournament
Fishing Umbrella Funding FY 2011
Contract ID#: 713
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Permit • Tarpor: - Bonefish
KEY WEST, FLORIDA
2011 EXHIBIT C
Robert James
S*L*A*M*
ITINERARY
Thursday S-
6: 00 p.m. The Angling Company Key West SUPERFLY Tournament registration and kick-off,
CONCH REPUBLIC SEAFOOD CO. RESTAURANT
,A,Pv 9 Friday ***GUIDES must check -in with Scorekeeper prior to departure
6:30 a.m. Continental breakfast, The Angling Company Key West SUPERFLY participants,
CONCH REPUBLIC SEAFOOD CO. RESTAURANT
7:00 a.m. Blessing of the fleet. Boats depart for The Angling Company Key West SUPERFLY
and GO FISHING.
2-6:00 p.m. S.L.A.M. Registration, Angler/Guide/Celebrity, Truman Ballroom, WESTIN, KEY WEST RESORT.
2-6:00 p.m. Boutique and Silent Auction Previewing, Truman Ballroom, WESTIN, KEY WEST —
open to public
3:00 p.m. Lines out of the water The Angling Company Key West SUPERFLY Tournament.
5:00 p.m. ***Guides for The Angling Company Key West SUPERFLY Tournament must check -in
with Scorekeeper prior to 5:00 p.m. **
5:00 p.m. The Angling Company Key West SUPERFLY Awards
CONCH REPUBLIC SEAFOOD CO. RESTAURANT
6:00 p.m. Cocktail Reception, Truman Ballroom, WESTIN, KEY WEST RESORT.
7:15 p.m. Rules Meeting, Anglers and Guides, Truman Ballroom, WESTIN, KEY WEST RESORT.
7:30 p.m. KICK-OFF DINNER, and LIVE AUCTION,
Truman Ballroom, WESTIN, KEY WEST RESORT.
I e-Q" t%1 Saturday -GUIDES must check -in with Scorekeeper prior to departure
6:30 a.m. Continental Breakfast for S.L.A.M. participants, Dockside,
CONCH REPUBLIC SEAFOOD CO. RESTAURANT
7:00 a.m. Blessing of the Fleet, Boats depart and GO FISHING.
3:00 p.m. Lines out of the water.
3-5:00 p.m. Dockside Party, meet the celebrities at CONCH REPUBLIC SEAFOOD CO. RESTAURANT
5:00 p.m. ***GUIDES must check -in with scorekeeper before 5:00 p.m.
SC -VT 1 % Sunday ***GUIDES must check -in with Scorekeeper prior to departure
6:30 a.m. Continental Breakfast for S.L.A.M. participants, Dockside,
CONCH REPUBLIC SEAFOOD CO. RESTAURANT
Boats may depart after sign in and GO FISHING!
3:00 p.m. Lines out of the water.
3-5:00 p.m. Celebrity Dockside Party, CONCH REPUBLIC SEAFOOD CO. RESTAURANT
5:00 p.m. ***GUIDES must check in with Scorekeeper prior to 5:00 p.m.
7:00 p.m. Cocktail Party, Truman Ballroom, WESTIN, KEY WEST RESORT.
8:00 p.m. Awards Banquet, Truman Ballroom, WESTIN, KEY WEST RESORT.
EXHIBIT D
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 2011
There will be no amendments to this budget (Exhibit D) after BOCC approval of Agreement
EVENT NAME: Robert James Sales SLAM Celebrity Tournament
MEDIA PLACEMENT & PRODUCTION COSTS: newspaper, radio, magazines,
TV, website/internet advertising only $500
PROMOTIONAL SIGNS: posters/banners
PROMOTIONAL ITEMS: t-shirts, hats, jackets, koozie cups
DIRECT MAIL PROMOTIONS: brochures/pamphlets/
postage & shipping
PROGRAMS: $3,100
PUBLIC RELATIONS
*TROPHIES: $1.500
"GENERAL NON -ALLOCATED $900
TOTAL: $6,000
* 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. 3/5/97
"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.
MARKETING EXPENSES FOR EVENTS HELD OUTSIDE MONROE COUNTY SHALL NOT BE REIMBURSED/DIRECT PAID