Item D03
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
(
Meeting Date: FEBRUARY 18.2004 Division: TDC
Bulk Item: Yes -X-- No
Department:
AGENDA ITEM WORDING:
Approval of an assignment of Agreement between Keys Classic Anglers Tournament,
Inc. and Findlay Sinclair for the Key West Classic on April 28-May 1,2004.
ITEM BACKGROUND:
PREVIOUS REVELANT BOCC ACTION:
BOCC approved original Agreement at their meeting of October 15, 2003.
CONTRACT/AGREEMENT CHANGES:
Assignment
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $20.000
BUDGETED: Yes -L No
COST TO COUNTY: $20.000
SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes X- No
AMOUNTPERMONTH_ Year
APPROVED BY: CountyAtty ~~
DIVISION DIRECTOR APPROVAL:
(Lynda Stuart)
DOCUMENTATION:
Included X
ToFollow_ NotRequired_
AGENDA ITEM ;])3
DISPOSITION:
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
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CONTRACT SUMMARy
Contract with: Findlay Sinclair
Contract #_
Effective Date: 10/15/2003
Expiration Date:
Contract PurposelDescription:
Approval of an assignment of Agreement between Keys Classic Anglers
Tournament, Inc. and Findlay Sinclair for the Key West Classic on April
28-May 1,2004.
Contract Manager: Maxine Pacini
(Name)
3523
(Ext. )
TDC#3
(Department/Stop #)
for BOCC meeting on
2/18/04
Agenda Deadline: 2/3/04
CONTRACT COSTS
Total Dollar Value of Contract: $ 20,000
Budgeted? Y es~ No 0 Account Codes:
Grant: $
County Match: $
Current Year Portion: $
115-75022-530340-T45F-059X-530410
115-75022-530340-T45F-059X-530480
ADDITIONAL COSTS
Estimated Ongoing Costs: $-"yr For:
(Not included in dollar value above) (e~. maintenance, utilities, ianitorial, salaries, etc.)
- - - -
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CONTRACT REVIEW
?e~'()(/
Division Director l..fIIIK7
Risk Management ~L( YesONo~
O.M.B./Purchasing ~ t( YesO Nor;z(
County Attorney #ut YesO No
Comments:
OMB Form Revised 2/27/01 MCP #2
(
AMENDMENT TO AGREEMENT
THIS ADDENDUM to agreement is made and entered into this _ day of
2004, between the County of Monroe, Keys Classic Anglers Tournament, Inc.
and Findlay Sinclair.
WHEREAS, there was a contract entered into on October 15, 2003, between the
County of Monroe and Keys Classic Anglers Toumament, Inc. to provide the production
of the Shell Key West Classic on April 28 - May 1, 2004; and
WHEREAS, Keys Classic Anglers Tournament, Inc. is not able to continue to
sponsor the event; and
WHEREAS, it has become necessary to amend the Keys Classic Anglers
Tournament, Inc. agreement to provide for Assignment of all terms within the Keys
Classic Anglers Tournament, Inc. agreement to Findlay Sinclair; and
WHEREAS, it has become necessary to amend the name of the event to Key
West Classic;
NOW THEREFORE, the above parties agree as follows:
1. Keys Classic Anglers Tournament, Inc. assigns all its rights and obligations
under the contract dated October 15, 2003, to Findlay Sinclair.
2. Findlay Sinclair shall assume all obligations and responsibilities of Keys Classic
Anglers Tournament, Inc. under the agreement dated October 15, 2003.
3. The County approves and accepts the assignment of said contract to Findlay
Sinclair.
4. The name of the event shall be Key West Classic.
5. All other proviSions of the contract dated October 15, 2003 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.
Findlay Sinclair
Keys Classic Anglers Tournament, Inc.
Findlay Sinclair
President
(SEAL)
ATTEST: DANNYL.KOLHAGE
CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Deputy Clerk
Pacini-Maxlne
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From:
Sent:
To:
Subject:
Findlay Sinclair [finman@bellsouth.net]
Monday, December 22, 2003 1 :45 PM
fishumbrella@aol.com
key west classic
FLORIDA KEYS FISHING UMBRELLA I INC
I HEREBY REQUEST AN AMENDMENT TO THE AGREEMENT FOR FUNDING FOR
THE KEY WEST CLASSIC. THE KEY WEST CLASSIC WILL NO LONGER BE
SPONSORED BY SHELL. ACCORDINGLY THE NAME OF THE TOURNAMENT
FOR 2004 WILL BE SIMPLY 'KEY WEST CLASSIC'. IN ADDITION I THE
CONTRACTING ORGANIZATION WITH THE COUNTY NEEDS TO BE
CHANGED FROM 'KEYS CLASSIC ANGLERS TOURNAMENT I INC.' TO
MYSELF PERSONALLY I I.E. FINDLAY SINCLAIR. ALL OTHER INFORMATION PROVIDED
IN THE NOTICE OF INTENT TO AFFILIATE DATED MAR 19 I 2003 REMAINS UNCHANGED
INCLUDING DATES I AND ADDRESSES
THANK YOU FOR YOUR COOPERATION
SINCERELY
FINDLAY SINCLAIR
TOURNAMENT DIRECTOR
KEY WEST CLASSIC
l'
, '"!;.,
1
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FUNDING AGREEMENT
THIS AGREEMENT is made and entered into by and between the Board of
County Commissioners of Monroe County, Florida, (hereinafter referred to as the .Counly")
and Keys Classic Anglers Tournament, Inc. (Hereinafter referred to as "Event Sponsor");
WHEREAS, 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;
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THEREFORE; in consideration of the mutual promises contained herein, the parties
agree as follows:
/'
1. County shall pay a sum not to exceed $20,000 (Twenty Thousand Dollars) for
promotion and related expenditures, as described in the event budget, attached hereto as
Exhibit B, for production of the Shell Key West Classic on April 28 _ May 1,2004. Payment
will be made only after Event Sponsor submits invoices and support documentation
acceptable to the County's Finance Department. 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
an Umbrella event budget may be utilized for unforeseen permissible expenditures and for'
those budget lines that may require additional funds. Monroe County's performance and
obligation to pay under this agreement is contingent upon an annual appropriation by the
County.
2. 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 said event.
Event sponsor fully understands that funding is obtained from tourist development taxes for
which the fiscal year ends September 30, 2004. Event sponsor also understands that the
funding process through which this contract was made available by County requires event
sponsors to submit their payment requests as quickly as possible and to finalize all such
requests before the end of the fiscal year, if at all Possible. 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 by September
30, 2004, 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 September
30, 2004, except that for events with promotional expenditures incurred between July 1 and
September 30, 2004, invoices must be submitted within ninety (90) days of the conclusion of
the event.
Shell Key West Classic
Fishing Umbrella Funding FY 2004
(
3. Event Sponsor shall reimburse County for any amount of funds expended by
County in connection with an event which does not Occur as a result of any act or omission by
Event Sponsor.
4. 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 attomey'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 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.
5. 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.
6. 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.
7. 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.
B. 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.
9. 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.
10. LOQo: All promotional literature and advertising must display the "The Florida
Keys & Key West, Monroe County Tourist Development Council, Come as You Arel~
logo/trade mark adopted by the TDC and County on November, 2000 (as per attached). No
reimbursement or direct payment will be considered unless this logo/trade mark is utilized.
Shell Key West Classic
Fishing Umbrella Funding FY 2004
2
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11. Insurance Reauirements: Event Sponsor, as a pre-requisite of the Special Evel
governed by this agreement, shall obtain, at its own expense, insurance as specified in th
section.
Event Sponsor will not be permitted to commence work associated with the Ever
(including Pre-staging of personnel and material) until satisfactory evidence of the require
insurance has been furnished to the county as specified below. Event Sponsor shall maintain tht
required insurance throughout the entire duration of the Special Event and any extension:
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 /lability 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 fumish 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 govemed 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 should 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 acceptance of work by the County.
Shell Key West Classic
Fishing Umbrella Funding FY 2004
3
Recognizing that the work governed by this contract involves the sales and/or distribution 0'
alcoholic beverages, the Contractor's General Liability Insurance policy shall include Liquol
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 contractor's General Liability policy. .
.: f~'''XITNESS WHEREOF, each party~bas caused this Agreement to be executed by its
duty ~rfz.~d representative, the /~ day of C!JC..j , 2003.
';- ,r.:'"., 'v...\"'tri} I'
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Board of County Commissioners
ofM.9~~po~_ . / / .
~J/U //7. ~
Mayor/Chairman
(CORPORATE SEAL)
By.
Secretary
Keys Classic Anglers Tournament,
~~
resident
Attest:
OR
ah/~
Witness
\.
Shell Key West Classic
Fishing Umbrella Funding FY 2004-
4
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DAY 1
~'L 2i
~L:1 DAY 2
<<It. 30 DAY 3
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~&cI '
DAY 4
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FLOR- . KEYS FIS~ J TOURNAMENTS, INC
~RNAMENT SCHEDULE OF EVENTS
FISCAL YEAR 2003-2004
$lfEu... 1&", ()Je.':ir ~Slt;...
PRINT TOURNAMi&T NAME
. AM LINES IN WATER
~ ~ J.\ A-N' L42I2. ~ ('!>>T~'tfQ()
~~ "PM" LINES OUT OF WATER
_:_PM EVENING EVENT
PM WEIGH-IN OVER
: PM. OTHER EVENT
--
1: 3co AM
4: &0 PH
--
LINES IN WATER
LINES OUT WATER
> : 00 PH EVENING EVENT J::>CtC\'C.s.~ ~'c..s
--
~:~PM' WEIGH-IN OVER
_:_PM OTHER EVENT
~: 30 AM
3:30 PH
--
--1L: 30 PM
~:{)O PH
7:~ PM.
--
1::'-0 AM
3:. :b....PM.
~:~PM'
b : 08 PM
-
7 : 00 PH.
--
LINES IN WATER
LINES OUT WATER
EVENING EVENT
Coc.cr~/'- ~/
WEIGH-IN OVER
OTHER EVENT B~ &o-eT' 4 AvCf-~
LINES IN WATER
LINES OUT WATER
EVENING EVENT Cc:>a<~/L
~
WEIGH-IN OVER
OTHER EVENT
AW~b$'
CP~~,.Jy
El711IBIT A
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BUDGET BREAKDOWN
FLORIDA KEYS FISHING TOURNAMENTs, INC.
OCTOBER 1, 2003 TO SEPTEMBER 30, 2004
SHELL KEY WEST CLASSIC
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EXIDBIT B
---------------------------------------------------------
APRIL 28-MAY 1, 2004
DIRECT MAIL & POSTAGE $ 1,000.00
BROCHURES, POSTERS,
PROGRAMS, PATCHES $ 2,000.00
TROPHIES $ 5,000.00
PHOTO PROGRAM $ 1,000.00
MEDIA ADVERTISING $ 4,000.00
T-SHIRTS, CAPS, JACKETS $ 5,000.00
*GENERAL NON-ALLOCATED $ 2,000.00
-----------
( $20,000.00
*GENERAL NON-ALLOCATED IS NOT TO EXCEED 15% OF THE
TOURNAMENTS TOTAL BUDGET.
*TOURNAMENTS CAN NOT EXCEED MORE THAN 30% OF THE
TOTAL BUDGET IN TROPHY LINE ITEM EXCEPT WHEN
TOURNAMENTS GET SPECIAL APPROV,AL FROM FKFT, INC.
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(
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MCTG-3125 New Logo Slick L01
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I'" EdJdoa
MONROE COUNTY, FLORIDA
Request For Waiver
of
Insurance Requirements
It is requested that the insurance requirements, as specifted in the County's Schedule ofInsurancc
Requirements, be waived or modified on the following contJact.
Coatroctor: ~ e..:m - ~. C\Q.9;,c ~~ -rr....t~~ "'\
~l' k t:'~SStC)
Contract for: Services
Addresa of CODtractor: C/O TDC AU: Maxine
Phone: 305-296-1552
Scope 01 Work: Advertisinll .I: Promotion
" ReaIOD for Waiver: Providin2 funds toDlOmote eveRt oolv... .minimal exoosure tocountv
Policies Waiver
Will apply to: See Attached
SI_'UlC.._" X ~ ~r-<
App....... ~ Not ApP.......
Ri.kManagement: A~_ ___
Date: 711 lid ;J
County Administrator Appeal:
ApProved
Not Approved
Date:
Board of County Commiuioaen Appeal:
Approved
Not Approved
~,
Meeting Date:
Administration Instruction
#4709.2