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Item D1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: AUGUST 15, 2007 Division: TDC Bulk Item: Yes ~ No Department: Staff Contact PersonlPhone #: Maxine Pacini 296-1552 AGENDA ITEM WORDING: Approval of an Amendment to Agreement with Key West Fishing Tournament, Inc. covering the Key West Fishing Tournament, Inc. between December 2006 - November 2007, to revise the date of the Swordfish Tournament to July 7th and 8th, 2007. ITEM BACKGROUND: Due to bad weather the Swordfish portion of the Key West Fishing Tournament had to be rescheduled. PREVIOUS RELEVANT BOCC ACTION: BOCC approved original agreement at their meeting of October 18, 2006. CONTRACT/AGREEMENT CHANGES: Amend STAFF RECOMMENDATIONS: Approval TOTAL COST: $45,000 BUDGETED: Yes X No COST TO COUNTY: $45,000 SOURCE OF FUNDS: TDC REVENUE PRODUCING: Yes~ No AMOUNT PER MONTH Year o~purchasing NI A Risk Management N/A APPROVED BY: County Atty NI A DOCUMENT ATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 11/06 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Key West Fishing Tournament, Inc. Contract #_ Effective Date: Expiration Date: 10/1/06 3/1/08 Contract PurposelDescription: Approval of an Amendment to Agreement with Key West Fishing Tournament, Inc. covering the Key West Fishing Tournament, Inc. between December 2006 - November 2007, to revise the date of the Swordfish Tournament to July 7th and 8th, 2007. Contract Manager: Maxine Pacini (Name) 3523 (Ext. ) TDC # 3 (Department/Stop #) for BOCC meeting on 8/15/07 Agenda Deadline: 7/31/07 CONTRACT COSTS Total Dollar Value of Contract: $ 45,000 Budgeted? Yes[g] No D Account Codes: Grant: $ County Match: $ Current Year Portion: $ 115-75022-530340- T75F -056-X-530480 115-75022-530340- T75F-056-X-530410 ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities,janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out p~:eJn Needed.. .//!~~'e -, Division Director ~ 7 Y esD No~ c.--/7 / f ~ RiskMana~ement L1'Jl!1JI YesDNod 11) ,~ . 0J,8-D ~ ~~ ~\ 1. - ~- ~ O.M.B./Purc~asing ~O~ YesDNo[ij ~~~ 7 11~/l5 County Attorney #0:}- YesD NoIT S.Grimsley Comments: OMB Form Revised 2/27/01 Mep #2 AMENDMENT (1st AMENDMENT) TO AGREEMENT THIS AMENDMENT to agreement dated the day of 2007, is entered into by and between the Board of County Commissioners for Monroe County, on behalf of the Tourist Development Council, and Key West Fishing Tournament, Inc. WHEREAS, there was a contract entered into on October 18, 2006 between the parties, awarding $ 4 5,00 for the Key West Fishing Tournament between December 2006 and November 2007; and WHEREAS, it has become necessary to revise the dates of the Swordfish Tournament which is a part of the Key West Fishing Tournament; and NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree to the amended agreement as follows: 1. Paragraph 1 of the agreement shall be revised as follows: County shall pay a sum not to exceed $45,000 (Forty Five Thousand Dollars) for promotion and related expenditures effective October 1, 2006 for production of the Key West Fishing Tournament, Inc. from December 2006 - November 2007 (To include: Awards Presentation for FY 2006 Tournament/Key West Fishing Tournament/Kickoff/Southernmost Swordfish Tournament - July 7. 8, 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. The remaining provisions of the contract dated October 18, 2006 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. (SEAL) Attest: Danny L. Kolhage, Clerk Board of County Commissioners of Monroe County Deputy Clerk Mayor/Chairman (CORPORATE SEAL) Attest: By. Secretary Key West Fishing Tournament, Inc. B~\~,~C-" ---::> President, +\ ~c~E=1tT \..0.. A.<l..Kh. Print Name Print Name Date: 7-2 -OJ OR TWO WITNESSES Print Name MONROE COUNTY ATTORNEY APPROVED AS TO F-.ORM: ~~~ SUS/\N RIMSlEY ASSISTAN! COUNTY ATTORNEY Da!e .:;: ~"..2.~ -07 ~ 1 ) 1 ) Print Name (2) (2) \I11t.'nd I11c 11 I ;; I (ey \\\'Sl Fishing Toum<lI11CI1I FY 2007 Page 1 of 1 Pacini-Maxine From: FishUmbrella@aol.com Sent: Friday, June 22,20076:19 AM To: AdminAsst@Fla-Keys.com Subject: Re: K.W.F.T. Southernmost Swordfish Tournament Maxine, Here is the alternate date for Key West Fishing Tourn. Swordfish Tourn. Let me know if you need anything else. Thanks, Christina In a message dated 6/21/2007 3:49:53 P.M. Eastern Daylight Time, Fishfinesse writes: Hello Christina, The Key West Fishing Tournament's Southernmost Swordfish Tournament's alternate weather date is changed to July 7,2007. Key West experienced 30 knot winds the evening of June 16th and the event was postponed. Since we do not want to conflict with another tournament in Key West on June 23 and June 30, we will hold the event on July 7, 2007. Please call me at 295-6601 if you should need additional information. Many thanks for your assistance, Doris Harris, Director Key West Fishing Tournament director@keywestfishingtournamentcom See what's free at AOL.com. 6/22/2007 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 Key West Fishing Tournament, 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 event; WHEREAS, Event Sponsor has represented and agreed that it desires and is able to conduct the NOW, THEREFORE; in consideration of the mutual promises contained herein, the parties agree as follows: 1. County shall pay a sum not to exceed $45,000 (Forty Five THousand Dollars) for promotion and related expenditures effective October 1, 2006, as described in the event budget, attached hereto as Exhibit B, for production of the Key West Fishing Tournament, Inc. from December 2006 - November 2007 (To include: Awards Presentation for FY 2006 Tournament/Key West Fishing Tournament/Kickoff/Southernmost Swordfish Tournament) ("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 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, 2007. Event Sponsor also understands that the funding Key West Fishing Tournament Fishing Umbrella Funding FY 2007 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 March 1. 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 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.1 0-1990. 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 Key West Fishing Tournament Fishing Umbrella Funding FY 2007 2 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 Eve! 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 ( personnel and material) until satisfactory evidence of the required insurance has been furnished to the county a specified below. Event Sponsor shall maintain the required insurance throughout the entire duration of the Specie Event and any extensions specified in any attached schedules. Failure to comply with this provision may result i 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 Even 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 a: "Additional Insured" on all policies. Any deviations from these General Insurance Requirements must be requested in writing on the Count~ form titled "Request for Waiver of Insurance Requirements" and must be approved by Monroe County Risl Management. Event Sponsor shall furnish the County with a certificate evidencing the insurance required by thi: 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 Liabilit~ 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, it: 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. Key West Fishing Tournament Fishing Umbrella Funding FY 2007 " .) 14. Event Sponsor shall not assign or subcontract its obligations under this agreement, except in writi and with the prior written approval of the Board of County Commissioners for Monroe County and Vendor, whi approval shall be subject to such conditions and provisions as the Board may deem necessary. IN WITNESS WHEREOF, each par;ty ~as caused this Agreement to be executed by its duly authorized representative, the lX'.fJ, day of G~, 2006. (SEAL) ~Dann~ "'- ~y Clerk - Board of County Commissioners of Monroe Cbvnty { . (I! i ,:, .) '. '. I Malorfyhairman (CORPORATE SEAL) Attest: Key West Fishing Tournament, Inc. By. Secretary Print Name Print Name OR (1) Witness Print Name (2) Witness Print Name 4 MONROE COUNTY ATTORNEY APPROVED AS FORM: o / , / / SUSAN M. /MSLEY ASS/STANT COUNTY ATTORNEY 7 - , 2 -(7 G Key West Fishing Tournament Fishing Umbrella Funding FY 2007 FLORIDA KEYS FISHING TOURNAMENTS, INC., TOURNAMENT SCHEDULE OF EVENTS FISCAL YEAR 2~2007 Exhibit A Key West Fishing Tournament, Inc. PRINT TOURNAMENT NAME .. . KICKOFF. .. DAY I N1A AM LINES IN WATER N/A PM LINES OUT OF WATER 6:00 - 8:00 PM EVENING EVENT Tournament Registration N/A PM WEIGH-IN OVER N/A PM OlHER EVENT DAY 2 8 30 AM LINES IN WATER 3 00 PM LINES OUT OF WATER ~/A PM EVENING EVENT 5 30 PM WEIGH-IN OVER N/A PM OlHER EVENT DAY 3 8 30 AM LINES IN WATER 3 00 PM LINES OUT OF WATER 7:30 - 9:00 PM EVENING EVENT Awards Ceremony 5 30 PM WEIGH-IN OVER N/A PM OlHER EVENT DAY 4 N/A AM LINES IN WATER N/A PM LINES OUT OF WATER N/A PM EVENING EVENT N/A PM WEIGH-IN OVER N/A PM OTHER EVENT FLORIDA KEYS FISHING TOURNAMENTS, INC., TOURNAMENT SCHEDULE OF EVENTS FISCAL YEAR 2006-2007 Exhibit A Key West Fishing Tournament, Inc. PRINT TOURNAMENT NAME . . . SOUTHERNMOST SWORDFISH TOURNAMENT. . . DAY 1 8 00 PM LINES IN WATER N/A AM LINES OUT OF WATER 4:00 - 7:00 PM EVENING EVENT Tournament Registration N/A AM WEIGH-IN OVER N/A AM OTIIER EVENT DAY 2 N/A AM LINES IN WATER 5 00 AM LINES OUT OF WATER N/A PM EVENING EVENT 7 00 AM WEIGH-IN OVER 7 00 AM 01HER. EVENT Awards Ceremony DAY 3 N/A AM LINES IN WATER N/A PM LINES OUT OF WATER N/A PM EVENING EVENT N/A PM WEIGH-IN OVER N/A PM OlliER EVENT DAY 4 N/A AM LINES IN WATER N/A PM LINES OUT OF WATER N/A PM EVENING EVENT N/A PM WEIGH-IN OVER N/A PM OTIiER EVENT IN THE EVENT THERE ARE UNFAVORABLE WEATHER CONDITIONS ON JUNE 16m & 17m, THE TOURNAMENT WILL TAKE PLACE JUNE 23RD & 24m. EXHIBIT B 3:JJGET 3?EAK!J0'i'J~ ?~O?IuA KEYS F=SHI~G ~OCR~~~E~TS, :NC. OCTOBER ~, 2006 TO SEPTE~BER 30, 2007 KEY WEST F:SHIKG T00R~~YE~T TOURNAt~ENT NAME December 2006 - November 2007 (To include: Awards Presentation for FY 2006 Tournament/Key West Fishing Tournament/Kickoff/Southernmost Swordfish Tournament) TOURNAMENT DATE DIRECT MAIL & POSTAGE $ 9,000.00 BROCHURES, POSTERS, PROGRAMS, PATCHES $ 8,000.00 TROPHIES $ 12,000.00 PHOTO PROGRAM $ 750.00 MEDIA ADVERTISING $ 6,250.00 T-SHIRTS, CAPS, JACKETS $ 6,000.00 *GENERAL NON-ALLOCATED $ 3,000.00 $ 45,000.00 *GENERAL NON-ALLOCATED IS NOT TO EXCEED 15% OF THE TOURNAMENTS TOTAL BUDGET. *TOURNAtY,ENTS CAN NOT EXCEED ~ORE THAN 30 OF THE TO:A~ BUDGET :~ ~RO?2Y ~=NE :TE~ EXCEPT W2EN ~O~~~;~2K~S G2~ S?2C=A~ A??rtOVA~ ?20X ?KF~, =~c. 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