Item D3BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: APRIL 21, 2004 Division: TDC
Bulk Item: Yes X No _
Department:
AGENDA ITEM WORDING:
Approval to rescind Agreement with World Sports and Marketing covering Fishstock,
The Total Salt Water Experience on June 18-20, 2004 in an amount not to exceed
$45,000, DAC IV, FY 2004 Event Resources.
ITEM BACKGROUND:
Event will no longer be taking place
PREVIOUS REVELANT BOCC ACTION:
BOCC approved original Agreement at their meeting of February 18, 2004
CONTRACT/AGREEMENT CHANGES:
Rescind Agreement
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $45,000
BUDGETED: Yes X No
COST TO COUNTY: $45,000 SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purch g X k Management X
DIVISION DIRECTOR APPROVAL: 7—,1:
(Lynda Stuart)
DOCUMENTATION: Included X To Follow Not Required
DISPOSITION:
Revised 2/27/01
AGENDA ITEM 4�3—
THE TOTAL SALTWATER ExPERIENCE
FISHING TOURNAMENT KIDS' ACTIVITIES BOAT SHOW TACKLE & ACCESSORIES SEMINARS CAUSE & CHARITY MUSIC SEAFOOD FULLY INTEGRATED PROGRAM'
The Florida Keys and Key West
Ms. Maxine Pacini
PO Box 866
Key West, FL 33041
Dear Maxine:
Based on our conversation last week, I wanted to follow up in writing as to our decision not to host
FishStock at Founders Park in Islamorada on Fathers Day weekend, June 18-20, 2004.
As you well know, there are many pre -requisites to hosting a good event, all of which must line up and
become executed in a timely manner. Permits, alignments with local community organizations, marketing,
food, etc. We have made numerous trips to the keys to move things forward but in spite of that we don't
feel that we can bring resolution to the many items that still need be resolved in the time frame available.
Because of this to continue would put undue pressure on this caliber of event and our ability to follow
through with the DAC funding agreement. For this reason, we feel it wise to suspend the event efforts this
year allowing the DAC committee to reinvest the funds originally committed to FishStock. We feel it best
to be honest about our status to produce the job, while preserving the intent and ability to work with you in
the future.
We would like to be present at your next meeting to personally discuss any issues you may have and to lay
the groundwork for new projects. If appropriate we would like to have conversations with you about a
portion of these funds for 2004, as we have ideas for television and print, which can easily be executed
within the timeframe.
Thank you for the opportunity and consideration given to us to host FishStock. We will be in touch with
you about this in the near future.
Best regards,
Andrew W. Townes III
World Publications
Cc: Tinsley Advertising
460 N. Orlando Ave. Suite 200, Winter Park, FL 32789
www.FishStock.com
Turn Key Events Agreement
This AGREEMENT dated the,�day of . 2004, is entered into by and between
the BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY, hereinafter "County,"
on behalf of the TOURIST DEVELOPMENT COUNCIL, hereinafter "TDC" and World Sports
and Marketing, hereinafter "World Sports and Marketing".
WHEREAS, the BOCC finds it in the best interest of the County to promote tourism by
entering into this agreement,
NOW, THEREFORE, and in consideration of the mutual covenants, contained herein
the parties agree as follows:
1. The BOCC agrees to pay $45,000 (Forty Five Thousand Dollars) for FishStock,
The Total Salt Water Experience on June 18-20, 2004 from tourist development tax funds
provided Event sponsor meets all of its obligations under this agreement.
2. Scope of Services: World Sports and Marketing agrees to provide the County
with an event as specified in the Scope of Services;
1. A two (2) day family oriented outdoor festival to include vendors, Boat
Show, Arts and crafts, Food and beverage
2. Salt water fishing tournament
3. National media marketing
3. Payment: Upon receipt from Event Sponsor of documentation, reviewed and
verified by the Tourist Development Council (TDC) Administrative Office, proving that event
has been produced and promoted through print advertising, news releases, and the required
insurance was obtained no less than twenty days prior to the event, BOCC shall pay $45,000.
Monroe County's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the BOCC.
4. Accounting: Financial records of World Sports and Marketing pertaining to this
project shall be kept on generally recognized accounting principles and shall be available to
the BOCC or to an authorized representative for audit. Records shall be retained a minimum
of three years after contract has been performed.
5. Modification: Any changes to this contract may be made only by written mutual
agreement, recommended by the TDC and approved by the BOCC.
Fishstock
6. Termination: This Agreement will be terminated on September 30, 2004. All
invoices must be submitted prior to September 30, 2004.
7. Non Occurrence of Event: World Sports and Marketingshall give written notice
to the Monroe County Tourist Development Council if it is found necessary to cancel an event.
The notice shall contain the following specifics: 1) reason for cancellation, 2) documentation
of the reason for cancellation and 3) person authorized to cancel including title and stated
affiliation.
8. Indemnification and Hold Harmless: World Sports and Marketing 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 event sponsored by
World Sports and Marketing
9. Insurance Requirements: World Sports and Marketing, as a pre -requisite of the
Special Event governed by this agreement, shall obtain, at its own expense, insurance as
specified in this section:
World Sports and Marketing 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. World Sports and
Marketing 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 shall release County of any obligation to compensate event sponsor. Further, any
material misstatement in the application for insurance coverage shall release County from it's
obligations to pay under this agreement. World Sports and Marketing shall provide, to the
County, as satisfactory evidence of the required insurance, including the insurance policy
application and either.
Original Certificate of Insurance
or
Certified copy of the actual insurance policy
An original certificate or 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. The Insurance
Policy must state that the Monroe County BOCC and Monroe County TDC is the
Certificate Holder and additional Insured for this event. Insurance should be mailed to:
Fishstock
2
Monroe County Board of County Commissioners
C/O Risk Management
1100 Simonton Street
Room 2-277
Key West, FL 33040
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 World Sports and Marketing's insurance shall not be
construed as relieving World Sports and Marketing 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.
World Sports and Marketing 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, World Sports and Marketing
shall obtain General Liability Insurance Coverage that shall be maintained throughout 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
3
Fishstock
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.
Prior to the commencement of work governed by this contract, World Sports and
Marketing shall obtain Water Craft Liability Insurance with terms no less restrictive than those
found in the standard "American Institute Hull Clauses" (June 2, 1977 edition). Coverage shall
be maintained throughout the life of the contract and include, as a minimum:
Injury (including death) to any person
Damage to Fixed or Movable Objects
Costs Associated with the Removal of Wrecked Vessels
Contractual Liability with Respect to this Contract
If the policy obtained states that coverage applies for the "Acts or Omissions of a Vessel", it
shall be endorsed to provide coverage for the legal liability of the ship owner.
The minimum limits acceptable shall be:
$1 Million Combined Single Limit (CSL)
Coverage provided by a Protection and Indemnity Club (P81) shall be subject to the approval
of the County.
10. Permits: World Sports and Marketing will secure all required permits, licenses
including but not limited to occupational licenses.
11. Laws and Regulations: Any and all services, materials and equipment shall
comply fully with all Local, State and Federal laws and regulations, and World Sports and
Marketing agrees that the venue for any dispute concerning this agreement shall be in Monroe
County, Florida.
12. Taxes: The BOCC and TDC are exempt from Federal Excise and State of
Florida Sales Tax.
13. Finance Changes: The BOCC and TDC will not be responsible for any finance
charges.
4
Fishstock
14. Relation of BOCC/TDC: It is the intent of the parties hereto that World Sports
and Marketing shall be legally considered as an independent contractor and that neither it nor
its employees shall, under any circumstances, be considered servants or agents of the BOCC
and TDC, and the BOCC and TDC shall at no time be legally responsible for any negligence
on the part of said Event Sponsor, its employees or agents, resulting in either bodily or
personal injury or property damage to any individual, firm, or corporation.
15. Disclosure: World Sports and Marketing shall be required to list any or all
potential conflicts or interest, as defined by Florida Statute 112 and Monroe County Code.
World Sports and Marketing shall disclose to the BOCC and TDC all actual or proposed
conflicts of interest, financial or otherwise, direct or indirect, involving any client's interest
which may conflict with the interest of the BOCC and TDC.
16. Assianment: World Sports and Marketing shall not assign, transfer, convey,
sublet or otherwise dispose of this agreement, or of any or all of its right, title or interest
therein, or his or its power to execute such agreement to any person, company or corporation
without prior consent of the TDC and BOCC.
17. Compliance with laws - Nondiscrimination: World Sports and Marketing shall
comply with all federal, state and local laws and ordinances applicable to the work or payment
for
work thereof, and shall not discriminate on the grounds of race, color, religion, sex, age, or
national origin in the performance of work under this Agreement. This Agreement shall be
subject to all federal, state, and local laws and ordinances.
18. Security Protection: World Sports and Marketing agrees to provide adequate
security for the event.
19. Ethics Clause: World Sports and Marketing warrants that it has not employed,
retained or other wise had act on its behalf, any former County office or employee in violation
:)f 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,
3t its discretion terminate this agreement without liability and may also, at its discretion, deduct
rom the agreement or purchase price, or otherwise recover, the full amount of any fee,
:ommission, percentage, gift, or consideration paid to the former or present County officer or
:mployee.
'shstock 5
• 20. Media rights: The TDC shall have the right to broadcast, rebroadcast, use,
reproduce or transmit for any purpose whatsoever, radio, television, pictures, sound, film and
tape motion pictures and still photographs paid by the BOCC and TDC under this agreement.
21. Logo: All promotional literature and display advertising with the exception of
generic advertising must display the "Florida Keys & Key West, Monroe County Tourist
Development Council Come As You Are" logottrade mark (as per enclosed). This
logo/trade mark was adopted by the TDC and County in November 2000. Radio Advertising
should 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.
22. Severability: If any provision of this Agreement shall be held by a Court of
competent jurisdiction to be invalid or unenforceable, all remaining provisions shall not be
affected thereby; and each provision of this Agreement shall be valid and enforceable to the
fullest extent permitted by law.
23. Authority: Each of the signatories for the sponsor below certifies and warrants
that:
a) The sponsor's name in the agreement is the full name as designated in its corporate
charter, and b) they are empowered to act and execute agreement for the sponsors and c) this
agreement has been approved by the sponsor's Board of Directors.
24. Public Entity Crimes: "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".
25. Entire Agreement: The parties agree that the Agreement above constitutes the
entire agreement between the BOCC and World Sports and Marketing.
Rshstock
s
• IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and
year first above written.
(SEAL)
Attest:
(SEAL
Attest: DANNY L. KOLHAGE, Clerk
By
Deputy Clerk
World Sports and rketing
Rwsident .
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairman
Fishstock
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MONROE COUNTY, FLORIDA
Request For Waiver
of
Insurance Requirements
it is tequened that tM imffmm requirsanente. " SPDXMd is the Co=W# SCM&k of ItSInl"
Rapp mesa. be waived or laodiiied as the foHowiod oatrtraM
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Sipature of Costraeter:
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Bulk MaMaSemea/: /
Date:
County Ad Ap roved Not Approved
Date:
Beard of County CmdKWOOen APPeat:
Approved Not Approved
Mccdng Date:
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