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Item G04 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: NOVEMBER 17.2004 Division: TDC Bulk Item: Yes L- No Department: AGENDA ITEM WORDING: Approval of an Amendment to Agreement with Redbone, Inc. to revise dates of the Mercury Redbone Celebrity SLAM Tournament to October 1-3,2004. ITEM BACKGROUND: PREVIOUS REVELANT BOCC ACTION: soee approved original Agreement at their meeting of October 15, 2003. CONTRACT/AGREEMENT CHANGES: Amendment STAFF RECOMMENDATIONS: Approval TOTAL COST: $15.000 BUDGETED: Yes -X- No COST TO COUNTY: $15.000 SOURCE OF FUNDS: TDC REVENUE PRODUCING: Yes X- No AMOUNTPERMONTH_ Year ;~:~::::CT:::P::V:: ~~-L & (Lynda Stuart) DOCUMENTATION: Included X ToFoIlow_ NotRequired_ AGENDA ITEM #G ~ DISPOSITION: Revised 2/27/01 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACTS~Y Contract with: Redbone, Inc. Contract # - Effective Date: 10/1/04 Expiration Date: Contract Purpose/Description: Approval of an Amendment to Agreement with Redbone. Inc. to revise dates of the Mercury Redbone Celebrity SLAM Tournament to October 1- 3. 2004. Contract Manager: Maxine Pacini 3523 TDC # 3 (Name) (Ext. ) (Department/Stop #) for BOCC meeting on 11/17/04 Agenda Deadline: 11/2/04 CONTRACT COSTS Total Dollar Value of Contract: $ 15,000 Budgeted? Yes/:8J No 0 Account Codes: Grant: $ County Match: $ Current Year Portion: $ 115-75022-530340- T45F-076Y-53 0480 - - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) - - --- CONTRACT REVIEW Changes ,~t<y.~ Needed Division Director /VfL!Ii1!-t/ YesO Nof2r Risk Management LD1L{j{ YesO Nord Yes~oO ~~~~ 0 :lJt<-L-ltv/ /' 9.~ YesO NoEJ S.IIRtten Date Out O.M.B./Purchasing County Attorney ~/& LJ Comments: lrtl/z. d-~ (J~ ~d.;Z_'Z 4 L~ OMB Form Revised 2/27/0 I MCP #2 AMENDMENT TO AGREEMENT THIS ADDENDUM to agreement is made and entered into this _ day of 2004, between the County of Monroe and Redbone, Inc. WHEREAS, there was an agreement entered into on October 15, 2003, between the parties, awarding $15,000 to Redbone, Inc. for the Mercury Redbone Celebrity SlAM Tournament on September 10-12, 2004, and WHEREAS, it has become necessary to revise dates of event due to the fact the event had to be postponed because of Hurricane Ivan; NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree to the amended agreement as follows: 1. Paragraph I of the agreement will read as follows: County shall pay a sum not to exceed $15,000 (Fifteen Thousand Dollars) for promotion and related expenditures, as described in the event budget, attached hereto as Exhibit 8, for production of the Mercury Redbone Celebrity SlAM Tournament on October 1-3, 2004. Payment will be made only after Event Sponsor submits invoices and support documentation acceptable to the CountYs 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 CountYs performance and obligation to pay under this agreement is contingent upon an annual appropriation by the County. 2. Paragraph 2 of the agreement will read as follows: 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 TOC 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 CountYs 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 Odober 3. 2004, invoices must be submitted within ninety (90) days of the conclusion of the event. 3. The remaining provisions of the contrad dated October 15, 2003 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. Redbone. Inc. President (SEAL) ATTEST: DANNYL.KOLHAGE,CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Deputy Clerk Mayor/Chairman BY . ., , 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 "County"), and Redbone. 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; THEREFORE; in consideration of the mutual promises contained herein, the parties agree as follows: 1. County shall pay a sum not to exceed $15.000 (Fifteen Thousand Dollars) fQr promotion and related expenditures. as described in the event budget. attached hereto as Exhibit B. for production of the Mercury Redbone Celebrity SLAM Tournament on September 10-12. 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 utifized 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 ifTJportance 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. Mercury Redbone Celebrity SLAM Tournament Fishing Umbrella Funding FY 2004 1 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. 8. 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. Loao: All promotional literature and advertising must display the uThe Florida Keys & Key West, Monroe County Tourist Development Council, Come as You Are'~ logo/trade mark adopted by the TOC and County on November, 2000 (as per attached). No reimbursement or direct payment will be considered unless this logo/trade mark is utilized. Mercury Redbone Celebrity SLAM Tournament Fishing Umbrella Funding FY 2004 2 11. Insurance Reauirements: Event Sponsor, as a pre-requisite of the Special Even governed by this agreement, shall obtain, at its own expense, insurance as specified in thi: section. Event Sponsor will not be permitted to commence work associated with the Even (including pre-staging of personnel and material) until satisfactory evidence of the requirec insurance has been furnished to the county as specified below. Event Sponsor 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 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 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. Event Sponsor 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 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. Mercury Redbone Celebrity SLAM Tournament 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 Liquo Liability with limits equal to those of the basic coverage. A separate Liquor Liability policy is acceptable if the coverage is not more restrictive thar the contractor's General Liability policy. IN WITNESS WHEREOF, each~rty has cause this Agreement to be executed by its duly authorized representative, the 0 ~ day of L 2003. (SEAL) Attest: Danny L. Kolhage, Clerk Board of County Commissioners of Monroe County Deputy Clerk Mayor/Chairman (CORPORATE SEAL) Attest: By. Secretary Redbone, Inc. BY~ P si nt OR l<<f ~pfU. 2/ Witness Mercury Redbone Celebrity SLAM Tournament Fishing Umbrella Funding FY 2004 4 ( I,lr-,XHIBIT A ...... . 2004 MERCURY OUTBOARDS' S.L.A.M. ITINERARY September 9. Thursday . 6: 00 p.m. Seamaster Superfly Tournament registration and kick-off, CONCH HARBOR. September 10. Friday 7:00 a.m. Continental breakfast, Seamaster Superfly participants, CONCH HARBOR. 7:30 a.m. Boats depart for Seamaster Superfly and GO FISHING. 2-6:00 p.m. S.L.A,M. Registration, Angler/Guide/Celebrity GRAND BALLROOM, MARRIOTT'S CASA MARINA RESORT 2-6:00 p.m. Boutique and Silent Auction Previewing GRAND BALLROOM, MARRIOTT'S CASA MARINA RESORT - open to public 3:00 p.m. Lines out of the water - SeamasterSuperfly Tournament. 5:00 p.m. **'*Guides for Seamaster Superfly Tournament must check-in with Scorekeeper prior to 5:00 p.m. ** 5:00 p.m. Seamaster Superfly Awards CONCH REPUBliC SEAFOOD CO. 6:00 p.m. Cocktail Reception KEYS BALLROOM, MARRIOTT'S CASA MARINA RESORT. 7:15 p.m. Rules Meeting, Anglers and Guides, KEYS BALLROOM, MARRIOTT'S CASA MARINA RESORT. 7:30 p.m. Mercury Marine/Action Craft Kick-Off Dinner, and LIVE . AUCTION, KEYS BALLROOM, MARRIOTT'S CASA MARINA. September 11. Saturday ***GUlDES must check-in with Scorekeeper prior to departure 6:30 a.m. Continental Breakfast for S.L.A.M. participants, , Dockside, CONCH HARBOR. 7:30 a.m. Blessing of the Fleet, Boats depart and GO FISHING. 10 a.m.-7 p.m. . Boutique/Silent Auction, on display - .open to public. GRAND BALLROOM, MARRIOTT'S CASA MARINA RESORT. Lines out of the water. Dockside Party, meet the celebrities at CONOl HARBOR. ***GUlDES must check-in with scorekeeper before 5:00 p.m. Silent Auction Cocktail Party - open to public. GRAND BALLROOM, MARRIOTT'S CASA MARINA RESORT. 7:00 p.m. Silent Auction Ooses. September 12. Sunday *** GUIDES must check-in with Scorekeeper prior to departure 6:30 a.m. Continental Breakfast for S.L.A.M. participants, Dockside, CONCH HARBOR. . Boats may depart after sign in and GO FISHING! Lines out of the water. Celebrity Dockside Party, CONCH HARBOR. *** GUIDES must check in with Scorekeeper prior to 5:00 p.m. Cocktail Party, VERANDA, GRAND BALL ROOM. A wards Banquet, KEYS BALLROOM, MARRIOIT'S CASA MARINA RESORT. 3:00 p.m. 3-5:00 p.m. ; 5:00 p.m. 5:00 p.m. 7:00 a.m. 3:00 p.m. 3-5:00 p.m. 5:00 p.m. 7:00 p.m. 8:00 p.m. BUDGET BREAKDOWN FLORIDA KEYS FISHING TOURNAMENTS, INC. OCTOBER 1, 2003 TO SEPTEMBER 30, 2004 MERCURY REDBONE CELEBRITY S.L.A.M. TOURNAMENT ( EXHIBIT B --------------------------------------------------------- SEP. 10-12, 2004 DIRECT MAIL & POSTAGE $ BROCHURES, POSTERS, PROGRAMS, PATCHES $ 6,500.00 TROPHIES $ 3,000.00 PHOTO PROGRAM $ 250.00 MEDIA ADVERTISING $ 1,500.00 T-SHIRTS, CAPS, JACKETS $ 1,500.00 *GENERAL NON-ALLOCATED $ 2,250.00 ----------- $15,000.00 *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 APPROVAL FROM FKFT, INC. 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CMea.u"1~ C~.~"'" "1"'ou('\IY\.~ CODtnet for: Services Address or Coatnctor: C/O TDC AU: Maxine Phone: 305-296-1552 Scope of Work: Advertisinsr: ct Promotion , Reason for Waiver: ProvidiDlr funds to Dromote event onlv....minimal exposure to county Policiel Waiver WUI apply to: See Attached Signature of Coatractor: Date: County Administrator Appeal: Approved Not Approved Date: Board of County Commiuioaen Appeal: Approved Not Approved Meeting Date: Administration Iastnaction #4709.2