Item G01
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: NOVEMBER 17. 2004
Division:
TDC
Bulk Item: Yes -X- No
Department:
AGENDA ITEM WORDING:
Approval of an Agreement with Florida Keys Fishing Tournaments, Inc. to act as a
County Wide Fishing Umbrella.
ITEM BACKGROUND:
PREVIOUS REVELANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
New Agreement
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $650.800 p.y. BUDGETED: Yes ~ No
COST TO COUNTY: $650.800 SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes X- No
AMOUNTPERMONTH_ Year
APPROVED BY: CountyAtty~ OMB~~ X RiskManagement~
DIVISION DIRECTOR APPROVAL: ,
(Lynda Stuart)
DOCUMENTATION:
Included X
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM # &1
Revised 2/27/01
OCT-25-04 12:04 FROM:MONROE CO PURCHASING OMS
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
10:3052924515
PAGE 1/1
CONTRACT SllMMARY
Contract with: Florida Keys Fishing
Tournaments, Inc.
Contract#_
Effective Date: 19/29/94 10 l'/d\f-
Expiration Date;
Contract PurposelDescription:
ents Inc. to act as
Contract Manager:
Maxine Pacini
(Name)
~
3523 me # 3
(Ext.) (Department/Stop #)
/lh...J"'t
Agenda Deadline: ~ J;
for BOCC meeting on
CONTRACT COSTS
-
-
Total Dollar Value of Contract: $ 650,800
Budgeted? YesJ:8'J No 0 Account Codes:
Grant: $
County Match: $
Current Year Portion: $
SEE ATTACHED SHEET
-
-
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not iDclUdt!d in dollar value above) Ceil. mainterJa.Dce. utilities, iaDitorial. salaries, Cltc.)
CONTRACT REVIEW
Division Director
Date Out
O.M.B.IPurchasing _
COUl1ty Attorney J#-d't' YesO No
Comments:
'k~ utJ()~h~
Risk Management
S.Hunon
, rK
115 75022 530340 T45F 238 X 530340 FISHING UMBRELLA RESOURCES 5,300
115 75022 530340 T55F 056 X 530480 KEY WEST FISHING TOURNEY 3/12 -11l3Ol2OO5 34,475
115 75022 530340 T55F 056 X 530410 KEY WEST FISHING TOURNEY 3/12 - 11l3Ol2OO5 9,000
115 75022 530340 T55F 059 X 530480 KEY WEST CLASSIC 4127-3012005 17,675
115 75022 530340 T55F 059 X 530410 KEY WEST CLASSIC 4/27-3012005 BOO
115 75022 530340 T55F 061 X 530480 LPI GRAND SLAM 8117-1812005 4,500
115 75022 530340 T55F 062 X 530480 HI SAILFISH TOURNEY 1/14-16105 3,325
115 75022 530340 T55F 063 X 530480 HI DOLPHIN TOURNEY 7/8-1012005 3,325
115 75022 530340 T55F 064 X 530480 KW GATOR CLUB DOLPHIN 6/24-26, 2005 5,725
115 75022 530340 T55F 064 X 530410 KW GATOR CLUB DOlPHIN 6/24-26, 2005 275
115 75022 530480 T55F 204 X 530480 GENERIC FISHING PR 40,000
115 75022 530340 T55F 239 X 530340 GENERIC FISHING ADS 260,000
115 75022 530340 T55F 070 X 530340 KEYS WIDE PHOTO PROGRAM 10,000
115 75022 530340 T55F 075 X 530480 COCONUTS DOLPHIN TOURNEY 5120-2212005 12,100
115 75022 530340 T55F 075 X 530410 COCONUTS DOLPHIN TOURNEY 5/20-2212005 900
115 75022 530340 T55F 076 X 530480 S.L.A.M. 919-1112005 15,000
115 75022 530340 T55F on X 530480 MERCURY REDBONE 1212-4/2005 5,700
115 75022 530340 T55F 079 X 530480 BP & LOWER KEYS DOLPHIN TOURNEY 6I3-5l2OO5 7,900
115 75022 530340 T55F 079 X 530410 BP & LOWER KEYS DOlPHIN TOURNEY 6I3-5l2OO5 100
115 75022 530340 T55F 080 X 530480 BAYBONE 9130-1012/2005 10,000
115 75022 530340 T55F 089 X 530480 ISLA. JR. SAILFISH TOURNEY 12/17-1912004 1,600
115 75022 530340 T55F 254 X 530480 HOGS BREATH KINGFISH TOURN 1/21-2312005 11,600
115 75022 530340 T55F 254 X 530410 HOGS BREATH KlNGFISH TOURN 1/21-2312005 400
115 75022 530340 T55F 256 X 530480 DON HAWLEY TARPON 615-10/2005 2,000
115 75022 530340 T55F 258 X 530480 ISLA. SAILFISH TOURNAMENT 12I3-5l2OO5 5,780
115 75022 530340 T55F 258 X 530410 ISLA. SAILFISH TOURNAMENT 12I3-5l2OO5 220
115 75022 530340 T55F 259 X 530480 GOlD CUP TARPON TOURNAMENT 6119-2412005 2,000
115 75022 530340 T55F 260 X 530480 ISLA. WOMEN'S SAILFISH TOURNAMENT 2/4-612005 2,000
115 75022 530340 T55F 263 X 530480 ISLA. ALL TACKLE BONEFISH TOURN 10110-1412005 2,000
115 75022 530340 T55F 302 X 530480 KEY WEST MARLIN TOURN 7120-2312005 17,975
115 75022 530340 T55F 302 X 530410 KEY WEST MARLIN TOURN 7120-2312005 500
115 75022 530340 T55F 354 X 530480 CAPT. LEON SHELL BILLFISH 1/15-1712005 6,825
115 75022 530340 T55F 354 X 530410 CAPT. LEON SHELL BILLFISH 1/15-1712005 175
115 75022 530340 T55F 355 X 530480 CAPT. DON GURGIOlO SAILFISH 12/10-1212004 2,800
115 75022 530340 T55F 404 X 530480 DEL BROWN INV. PERMIT 3J8-11/2005 2,500
115 75022 530340 T55F 405 X 530480 CELEBRITY @LARGE SUNSET TARPON 5,000
115 75022 530340 T55F 409 X 530480 LADIES, LET'S GO FISHING 7/17/2005 1,000
115 75022 530340 T55F 409 X 530410 LADIES, LErs GO FISHING 7/17/2005 1,500
115 75022 530340 T55F 411 X 530480 KEY LARGO SAILFISH CHALLENGE 117-9/2005 4,000
115 75022 530340 T55F 425 X 530480 DOLPHIN MASTER INV. 5/2812005 1,500
115 75022 530340 T55F 428 X 530480 BURDINES WATERFRONT DOLPHIN 6/24-2612005 5,000
115 75022 530340 T55F43O X 530480 ISLAMORADA FALL BONEFISH 9/21-24/2005 2,000
115 75022 530340 470 X 530480 FISHING TV PRODUCTION 60,000
115 75022 530340 T55F 471 X 530480 JIM MISCARELLO KINGFISH TOURNAMENT 1/15-17/2005 1,500
115 75022 530340 T55F 472 X 530480 OCEAN REEF 8TU BACKBONE 12I6-8l2OO4 4,000
115 75022 530340 T55F 473 X 530480 GHOST HUNT 4/1-212005 4.850
115 75022 530340 T55F 473 X 530410 GHOST HUNT 4/1-212005 150
115 75022 530340 T55F 475 X 530480 ISLAMORADA SPRING ALL TACKLE 3115-1812005 2,000
115 75022 530340 T55F 476 X 530480 WORLD SAILFISH CHAMPIONSHIP 4/11-1612005 32,325
115 75022 530340 T55F 476 X 530410 WORLD SAILFISH CHAMPIONSHIP 4/11-1612005 1,000
115 75022 530340 T55F 506 X 530480 CONCH REPUBLIC LADIES 7I2l2OO5 1,500
115 75022 530340 T55F 507 X 530480 PHOENIX HOUSE FUN FISH 5113-1512005 2,000
115 75022 530340 T55F 507 X 530410 PHOENIX HOUSE FUN FISH 5113-1512005 500
115 75022 530340 T55F 508 X 530480 MARATHON INrL TARPON 515-712005 6,650
115 75022 530340 T55F 508 X 530410 MARATHON INT'L TARPON 515-712005 350
75022 530340 T55F 509 X 530480 LADIES TARPON TOURNEY 4/23-2512005 4,815
115 75022 530340 T55F 509 X 530410 LADIES TARPON TOURNEY 4/23-2512005 185
115 75022 530340 T55F 510 X 530480 ISL TARPON RODEO 5113-1512005 2,000
115 75022 530340 T55F 511 X 530480 LADIES LET'S GO FISHING 10116104 2,500
650,800
FKFI' 2004-2007
THIS AGREEMENT, made and entered into this _ day of . 2004,
AD., by and between MONROE COUNTY, FLORIDA, (hereinafter called County"), and
Florida Keys Fishing Tournaments, Inc., (hereinafter called the -FKFT").
WHEREAS, the County wishes to enter into this agreement with FKFT, 80 that
FKFT will act as a County wide Fishing Umbrella to make recommendations to the TOC
and BOCC concerning funding for tourism related fishing activities,
NOW THEREFORE, in consideration of the mutual covenants and provisions
contained herein, the parties agree as follows: That the parties hereto, for the
consideration hereinafter set forth, mutually agree as follow:
1. SCQPE OF WQRK
The FKFT shell provide FIM'no Umb""'" services for the County as described below:
A FKFT shall budget and coordinate with respect to fishing related activities, on
behalf of Monroe County Tourist Development Council, the following:
1. Shall recommend national media advertising for Florida Keys Fishing
events and promotions.
2. Shall recommend Public refations for all Florida Keys Fishing events and
promotions.
B. FKFT may establish a photo program to distribute to national trade
and consumer publications, Photos to represent award winners and
media attractive fishing photos.
C. FKFT shall establish and administer policies and procedures which
will distribute on an equitable distrid-wide basis based on prior year
bed tax revenue percentages recommended for all qualified fistUng
events/activities. FKFT will accept applications for the events on an
annual basis.
D. FKFT may solicit sponsors for programming and events to
contribute sponsorship funds toward the operating
expenses for member fishing events and activities. No TDC funds
will be used to cover admlnlatrattve or operating costa.
E. All Fishing Umbrella meetings will be open to the PUblic and
properly noticed, the same rules as required for all governmenta'
meetings under F.S. 286.011. Fishing Umbrella shall submit a
copy of the Agenda to the TOC office.
F. Monroe County BOCC and TDC will fund through its Advertising
and Public Relations agencies d record costs of promotion and
advertising: (a' diredly to vendors upon receipt of properly
approved invoices or (b) reimburse FKFT and/or its members upon
receipt of property approved paid invoices and evidence of payment
subject to availability of funds.
Florida Keys Fishing T~" IDe.
Fishing UmbrdJa ~ 2004
FKFI' 2004-2007
G. Compensation - See Exhibit A
The FKFT warrants that it is authorized by law to engage in the performance of the
activities herein described,' subject to the terms and conditions set forth in these
contract documents. The provider shall at all times exercise independent, professional
judgment and shall assume professional responsibility for the services to be provided.
FKFT shall provide services using the foflowing standa'ds, as a minimum requirement:
I. The FKFT shall maintain adequate stalling levels to provide the services
required under the contract
II. The personnel shall not be employees of or have any contractual
relationship with the County. (IF APPROPRIATE: To the extent that FKFT
uses subcontractor's or independent Contractor's, this contract specifically
requires that the level of independence normally exercised by such
subcontractor's and independent contractor's be curtailed and that they be
SUpervised by the FKFT.]
III. All personnel engaged in performing services under this contract shall be
fully qualified. and. if required. to be authorized or permitted under State
and local raw to perform such services.
2. PAYMENT~
The FKFT is responsible to assist event sponsors in SUbmitting invoices and support
documentation acceptable to the County's Finance Department for reimbursement.
3. TERM OF CONTRACT
The term of this contract is for three years, commencing on the 1- day of October,
2004, and ending on the 30th day of September, 2007, with an option to extend for an
additional two (2) year period.
4. FKFrSACC~PTANCEOFCQ~ION~
A The FKFT hereby agrees to carefully examine the specifications for which the
FKFT shall provide services and assumes full responsibility therefore. The
provisions of the Contract shall control any inconsistent provisions contained in
the Specifications. Under no cirQJmstances, conditions, or situations shall this
contract be more strongly construed against the County than against the FKFT.
B. Any ambiguity or uncertainty in the specifications shall be interpreted and
construed by the TOC and County, and the County's decision shall be final and
binding upon ai, parties.
C. The passing, approval, and/or acceptance by the TOC or County of any of the
services funished by the FKFT shall not operate as a waiver by the COU'Ity of
strict compliance with the tenns of this Contract, and specifications covering the
Florida Keys FisbiDa T~ IDe.
F"1Shiag UmbIdJa ~ 2004
FKFT 2004-2007
services. Failure on the part of the FKFT, immediately after Notice to Correct
shall entitle the County, if it sees fit, to correct the same and recover the
reasonable cost of such replacement and/or repair from the FKfT, who in any
event shatl be jointly and severally liabfe to the County for all damage, loss, and
D. Expense caused to the County by reason of the FKFT's breach of this Contract
and/or his failure to comply strictly and in all things with this Contract and with the
specifications.
E. The Ff<FT ~ that the TDC may designate representatives to visit the FKFT's
facility(ies) periodically to conduct random open file evaluations during the
FKFT's normal business hours.
F. The FKFT has, and shall maintain throughout the term of this contract,
appropriate licenses and approvals required to conduct its business, and that it
will at all times conduct its business activities in a reputable manner. Proof of
such licenses and approvals shall be submitted to the County upon request.
5. ~I<FT'S FINANCIAL RECORDS
FKFT shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principfes consistently applied. Each party to this Agreement or their authorized
repr&$8ntatjves shall have reasonable and timely access to such records of each other
party to this Agreement for public records purposes duing the term of the Agreement
and for four Y8a"S following the termination cI this Agreement. If an auditor employed
by the County or Clerk determines that monies paid to FI<FT pursuant to this Agreement
were spent for purposes not authorized by this Agreement, the FKFT shall repay the
monies together with interest calaJlated pursuant to See. 55.03, FS, running from the
date the monies were paid to FKFT.
6. PUBLIC ACCESS
The County and FKFT &hatl allow and permit reasonable access to, and in8pection of,
all documents, papers, letters or other materials in its possession or under its controf
subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
County and FKFT in COnjunction with this Agreement; and the County shall have the
right to lIlilaterally cancel this AQreement upon violation of this prOvision by FKFT.
7. HOLD HARMLES~
The FKFT covenants and agrees to indemnify and hold harmless Monroe County Board
of County Commissioners and the TDC from any and all daims 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 services provided by the
FKFT or any of its Subcontractor(s) in any tier, occasioned by the neg"gence, errors, or
other wrongful act d omission of the FKFT or its Subcontractors in any tier, their
employees, or agents.
Florida Keys Fisbiq TOUID8JneIUs, lDc.
Fisbiua UmbrdJa AtpeCIDed 2004
FKFI' 2004-2007
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
8. INOEPeND~ CQNTRACTOB
At. all times and for all purposes under this agreement the FKFT is an independent
FKFT and not an employee of the Board of County Commissioners of Monroe County.
No statement contained in this agreement shall be construed so as to find the FKFT or
any of his employees, contractor's, servants, or agents to be employees of the Board of
County Commissioners of Monroe County.
9. NONDISCRIIidINATION
County and FKFT agree that there will be no disaimination against any person, and it is
expressly ~ that upon a c:fetennination by a COt.Kt of competent jurisdiction that
discrimination has oc::curred, this Agreement automatically terminates without any
further action on the part of any party, effective the date of the court order. COUlty or
FKFT agree to comply with all Federal and Florida statutes, and all local ordinances, as
applicable, relating to nondisaimination. These include but are not limited to: 1) Title
VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits cfisaimination on the basis
of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as
amended (20 USC ss. 1681 - 1683, and 1685-1686), which prohibits discrimination on
the basis of seX; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20
USCs.794), which prohibits disaimination on the basis of handicaps; 4) The Age
Discrimination Act of 1975, as amended (42 use ss. 6101 - 6107) which prohibits
discrimination on the basis of age; 5) The Drug Abuse OffICe and Treatment Act of 1972
(PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6)
The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (PL 91-616), aa amended, relating to nOndisaimination on
then basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss.
523 and 527 (42 use sa. 690dd-3 and 29088-3), as amended, relating to confidentjality
of alcohol and drug abuse patent recorda; 8) Title VIII of the Civil Rights Act of 1968 (42
USC's et seq.), as amended, relating to nondiscrimination in the sale, rental of financing
of housing; 9) The Americans with Disabilities Act of 1990 (42 USC's 1201 Note), as
maybe amended from time to time, relating to nondisaimination on the basis of
disability; 10) Monroe County Code Ch. 13, Art. VI, prohibiting disaimination on the
bases of race, color, sex, religial, disability, national origin, ancestry, sexual orientation,
gender identity or expression, familial status or age; and 11) Any other
nondisaimination provisions in any Federal or state statutes which may apply to the
parties, to, or the subject matter of, this Agreement.
10. ASSIGNMENT/SUBCONTRACT
The FKFT shall not assign or subcontract its obligations under this agreement, except in
writing and with the prior written approval d the Board of COlXlty Commissioners of
Florida Keys Fisbiua TOlII1IaIIM!nts. Inc.
Fisbina UmbrdJa ~ 2004
.'
FKFT 2004-2007
Monroe County and FKFT, which approval shall be subject to such conditions and
provisions as the Board may deem necessary and ptlSUant to the recommendation of
the County Court Administrative Judge. This P8'8graph shall be incorporated by
reference into any assignment or subcontract and any assignee or SUbcontractor shaH
comply with all of the provisions of this &greement Unless expressly provided for
therein, such approval shall in no manner or event be deemed to impose any additional
obligation upon the board.
In providing all services/goods pursuant to this agreement, the FKFT shall abide by all
statutes, ordinances, rules and regulations pertaining to, or regulating the provisions d,
such services, indudlng those now in effect and hereinafter adopted. Any violation of
said statutes, ordina1C8S, rules and regulations shall constitute a material breach d this
agreement and shall entitle the Bcwd to terminate this contract immediately upon
delivery of written notice of termination to the FKFT. The FKFT shall POssess proper
licenses to pertonn work in accordance with these specifications throughout the term of
this contract.
12. DISClO~URE ~D CONFLICT OF INTEREST
The FKFT repr&senta that it, its directors, principles and employees, presently have no
interest and shall acquire no interest, either direct or indirect, which would conflict in any
manner with the performance of services required by this contract. as provided in Sect
112.311, et. S8q., Florida Statutes. Cculty agrees that officers and employees of the
County recognize and will be required to comply with the standards of conduct for public
officers and employees as delineated in Section 112.313, Florida Statutes, regarding,
'but not limited to, solicitation or 8CC8pta1ce d gifts; doing business with one's agency;
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclOSll'8 or use of certain information.
Upon execution of this contract, and thereafter as changes may require, the FKFT shall
notify the County of any financial interest it may have in any and all programs in Monroe
County which the FKFT sponsors, endorses, recommends, supervises, or requires for
counseling, assistance, evaluation, or treatment. This provision shall apply whether or
not such Pl'C9'8m is required by statute, as a condition of probation, or is Provided on a
voluntary basi..
The County and FKFT warrant that, in r8Sp8Ct to itself, it has neither employed nor
retained any company or person, other than a bona fide employee working solely for j~
to solicit or sean this Agreement and that it has not paid or agreed to pay any person,
company, corporation, ind"lvidual, or firm, other than a bona fide employee working
solely for it, any fee, commission, percentage, gift, or other consideration contingent
upon or resulting from the award or making of this Agreement. For the breach or
Florida Keys F'JSbiDs Tournan-ts. I:oc.
F'1SbiD8 UmIftUa Aareemw 2004
FKFr 2004-2007
violation of the provision, the FKFT agrees that the County shall have the right to
terminate this Agreement without liability and, at its discretion, to offset from monies
owed, or otherwise recover, the futl amount of such fee, commission, percentage, gift.
or consideration.
13. ARREARS
The FKFT shall not pledge the County's credit or make it a guarantor of payment or
surety for any contract. debt, obfigation, jUdgment, lien, or any form of indebtedness.
The FKFT further warrants and represents that it has no obligation or indebtedness that
would impair its ability to fuJfill the terms of this contrad.
14. ~OTICE REQVIREMEtfI
Any notice required or permitted under this agreement shall be In writing and hand
delivered or mailed, postage prepaid, to the other party by certified mail, returned
receipt requested, to the following:
FOR COUNTY:
Suzanne Hutton, Assistant County Attorney
PO Box 1026
Key West, Fl. 33041-1026
Capl Jim Sharpe
29975 Overseas Highway
Big Pine Key, FL 33043
Harold \Nheeler
1201 \Nhite Street, Suite 102
Key West. Fl 33040
FOR FKFT:
FOR TOC:
15. T~
The County is exempt from payment of Florida State Sales and Use taxes. The
FKFT shall not be exempted by virtue of the County's exemption from paying sales
tax to its suppliers for materials used to fulfill its obligations under this contract, nor is
the FKFT authorized to use the County's Tax Exemption Number in securing such
materials. The FKFT shall be responsible for any and all taxes, or payments of
withholding, related to services rendered under this &greement.
16. TERMINATION
A The County may terminate this contract for cause with seven (7) days notice to
the FKFT. Cause shalf constitute a breach at the obligations of the FKFT to
perform the S81Vices enumerated as the FKFT's obligations under this contract.
B. Either at the parties hereto may terminate this contract without cause by giving
the other party sixty (60) days written notice of its intention to do so.
Florida Keys Fisbins T~tt. I:oc.
Fishing UmbreJJa ~ 2004
FKFT 2004-2007
1L
A This Agreement shall be governed by and construed in accordance with the laws
of the State of Florida applicable to contracts made and to be performed entirely in
the State.
B. In the event that any cause of action or administrative proceeding is instituted
for the enforcement or interpretation of this Agreement, the County and FKFT
agree that venue will lie in the appropriate court or before the appropriate
administrative body in Monroe County, Florida.
C. The County and FKFT 8CJ'88 that, in the event of conflicting interpretations of the
terms or a term of this Agreement by or between any of them the issue shall be
submitted to mediation prior to the institutioo of any other administrative or legal
proceeding.
D. Severability. If any term, covenant, condition or provision of this Agreement (or
the application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining
terms, covenants, conditions and provisions of this Agreement, shall not be
affected thereby; and each remaining teon, covenant, condition and provision of
this Agreement shall be valid and shall be enforceable to the fullest extent
permitted by law unless the enforcement of the remaining terms, covenants,
conditions and proviSions of this Agreement would prevent the accomplishment of
the original intent of this Agreement The County and FI<FT agree to reform the
Agreement to replace any stricken provision with a valid provision that comes as
close as possible to the intent d the stricken provision.
E. Attorney's Fees and Costs. The COUlty and FKFT agree that in the event any
cause of action or administrative proceeding is initiated or defended by any party
relative to the enforcement or interpretation d this Agreement. the prevailing party
shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-
pocket expenses, as an award against the non-prevailing party, and shall include
attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate
proceedings. Mediation proceedings initiated and conducted pu-suant to this
Agreement shall be in accordance with the Florida Rules of Civil Procedl.r8 and
usual and customary Pf'ocedu'es required by the circuit cxut of Monroe Col.l1ty.
F. Adjudication of Disputes or Disagreements. County and FKFT agree that all
disputes and disagreements shaU be attempted to be resolved by meet and confer
sessions between representatives of each of the parties. If no resolution can be
agreed upon within 30 days after the first meet and confer session, the issue or
issues shall be discussed at a public meeting of the Board of County
Commissioners. If the issue or issues are still not resolved to the satisfaction of the
Florida Keys FishiDl TCJlIIJUIDM!n's, IDe.
Fishina Umbrella A~ 2004
FKFT 2004-2007
parties, then any party shall have the right to seek such relief or remedy as may be
provided by this Agreement or by Florida law.
G. Cooperation. In the event any administrative or legal proceeding is instituted
against either party relating to the formation, execution, perfonnance, or breach of
this Agreement. County and FKFT agree to participate, to the extent required by
the other party, in aU proceedings, hearings, processes, meetings, and other
activities related to the substance of this AsJ'eement or provision of the services
under this Agreement. County and FKFT specificatly agree that no party to this
Agreement shall be required to enter into any arbitration proceedings related to this
Agreement.
18. BtNDING EFfECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure
to the benefit of the County and FKFT and their respective legal representatives,
successors, and assigns.
19. AVTHORITX
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and
corporate action, as required by law.
20. CLAIMS FOR FEDE~ OR STATE AID
FKFT and County agree that each shall be, and is, empowered to apply for, seek, and
obtain federal and state funds to further the purpose of this Agreement; provided that all
applications, requests, grant proposals, and funding solicitations shall be approved by
each party prior to submission.
21. PRMLEGES AND IMMUNitiES
All of the privileges and immunities from liability, exemptions from laws, ordinances, and
rules and penSions and relief, disability, workers' compensation, and other benefits
which apply to the activity of officers, agents, or employees of any public agents or
employees of the County, when performing their respective functions under this
Agreement within the territoriallimita of the County shall apply to the same degree and
extent to the peIformance of such functions and duties of such officers, agents,
volunteers, or employees outside the territorial limits of the County.
22. LEGAL OBLIGATIONS AND RESPONSIBILITI~
Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended
to, nor shaJl it be construed as, relieving any participating entity from any obligation or
responsibility imposed upon the entity by law except to the extent of actual and timely
Florida v - F..h..... 't ,__
~3" ----e ~ U&i.
Fishing Umbrella Asreemeat 2004
. .
FKFr 2004-2007
performance thereof by any participating entity. in which case the performance may be
offered in satisfaction of the obligation or responsibility. Further, this Agreement is not
int81ded to. nor shall it be construed as. authorizing the delegation of the constitutional
or statutory duties of the County, except to the extent permitted by the Acrida
constitution. state statute. and case law.
2~. NQN-REL~ BY NQN-PARTIF;S
No person or entity shall be entitled to rely upon the tenns. or any of them. of this
Agreement to enforce or attempt to enforce any third-party claim or entitlement to or
benefit of any service or program contemplated hereulder. and the County and the
FKFT agree that neither the County nor the FKFT or any agent. officer, or employee of
either shalf have the authority to inform. counsel. or otherwise indicate that any
particular individual or group of individual.. 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 this Agreement.
2,4. ATTESTAT~
FKFT agrees to execute such documents as the County may reasonably require. to
include a Public Entity Crime Statement. an Ethics Statement, and a Orug-Free
Workplace Statement.
25. NO PERSONAL LlABllI1l'
No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member. officer. agent or employee of Monroe County in his or her
individual capacity, and no member. officer, agent or employee of Monroe County shall
be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
26. EXECUTIQ~ IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same
instrument and any of the parties hereto may execute this Agreement by singing any
such counterpa1.
27. SECTION HEADING~
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and it is agreed that such section headings are not a part of this
Agreement and will not be used in the int8t'pretation of any provision of this Agreement.
Florida Keys F'JSbiq TQlD1IAInf!nts. IDe.
F'1SbiDg Umbrella ~ 2004
. .
FKFI' 2004-2007
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the
day and date first written above in four (4) counterparts. each of which shall. without
proof or accowrting for the other counterparts, be deemed an originaf contract.
(SEAL)
Attest:
DANNY L. KOLHAGE, Clerk
Monroe County Board of County
Commissioners
Clerk
Mayor/Chairman
(SEAL)
Attest:
Florida Keys Fishing Toumaments, Inc.
By:
President
Florida Keys Fishing Tourna-~ IDe.
Fisbinl UmbrdJa Agreemem 2004
, ,
FKFT 2004-2007
EXtIIII:IA
RECOMMENDAnoNCOMMnTEE
The Recommendation Committee is established to recommend appropriations for
Fishing tournament events.
The Recommendation Committee of the FKFT Fishing Umbrella is comprised of five (5)
members, with one member representing each of the five TDC districts throughout the
Florida Keys. Each member shall be engaged in business in the district which said
member represents, such business being related to the fishing industry. The members
shall be appointed by FKFT and confirmed by the me and BOCC.
As of the commencement of the contract effective October 1, 2004 the members shall
be:
District I
Capl Mike Weinhofer
District II
Capl John Crockett
District III
Capl Donna Vankirk
District IV
Jim Bernardin
District V
Kerry Wingo
Upon the cessation of operations of a member's fishing related business in the District
for which appointed, a member shall be immediately terminated from the
Recommendation Committee and FKFT shall appoint a replacement and process the
appointment for TOe and BOCe approval. Additionally, FKFT may request approval
from TDC and BOCC for a replacement member of the Recommendation Committee for
any reason it deems appropriate.
Florida Keys Fisbins TOIII'IIlIIIIlWI, Inc.
Fishing Umbrella Asreemeat 2004