Item G05
.;,
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: NOVEMBER 17.2004
Division:
TDC
Bulk Item: Y es ~ No
Department:
AGENDA ITEM WORDING:
Approval of an Amendment to Agreement with Redbone, Inc. to revise dates of the
Mercury Redbone Celebrity Baybone Tournament to November 3-5, 2004.
ITEM BACKGROUND:
PREVIOUS REVELANT BOCC ACTION:
BOCC approved original Agreement at their meeting of October 15, 2003.
CONTRACT/AGREEMENT CHANGES:
Amendment
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: 310.000
BUDGETED: Yes ---X- No
COST TO COUNTY: $10.000 SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes -X- No
AMOUNT PER MONTH_ Year
APPROVED BY: CounlyAlty~ ~kMaoagemenl-L
DIVISION DIRECTOR APPROVAL: ~
(Lynda Stuart)
DOCUMENTATION:
Included X
To Follow_Not Required_
AGENDA ITEM # &,5
~
DISPOSITION:
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
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 Baybone Tournament to
November 3-5. 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: $ 10,000
Budgeted? YeslZl No 0 Account Codes:
Grant: $
County Match: $
Current Year Portion: $
115-75022-530340-T45F-080Y-530480
- - - -
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, ianitorial, salaries, etc.)
- - -
---
CONTRACT REVIEW
Division Director
Changes Date Out
~ Needed. ~er //
/tJ. YYesONo[tJ ~
~-u'{y esO NoJ2] Yy1..sf1A ~ f}~ C/
t#r YeSONO~ ~~~ l2!
*-~ YesO NoE:r P. Mercado
Risk Management
O.M.B./Purchasing
County Attorney
Comments:
OMB Form Revised 2/27/01 MCP #2
I
)
AMENDMENT TO AGBg,EMENT
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 $10,000 to Redbone, Inc. for the Mercury Redbone Celebrity
Baybone Tournament on October 1-3,2004, 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 $10,000 (Ten 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 8aybone Tournament on November 3-5,
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. 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 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 evenfs 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
November 5, 2004, invoices must be submitted within ninety (90) days of the
conclusion of the event.
3. The remaining provisions of the contract 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
DATE
(
i
'~'1;.. :
1i. E C E t ., L-~"
FUNDING AGREEMENT
) IJ NG:\
..
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 $10,000 (Ten Thousand Dollars) for
promotion and related expenditures, as described in the event budget, attached hereto as
Exhibit B, for production of the Mercury Redbone Celebrity Baybone Tournament on October
1-3, 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.
Mercury Redbone Celebrity Baybone 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 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 event involve the serving or distribution of
alcoholic beverages, Event Sponsor shall o~tain 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. LOQo: All promotional literature and advertising must display the "The Florida
Keys & Key West, Monroe County Tourist Development Council, Come as You Are",
Mercury Redbone Celebrity Baybone Tournament
Fishing Umbrella Funding FY 2004
2
(
(
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.
11. Insurance ReQuirements: 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 Evenl
(including pre-staging of personnel and material) until satisfactory evidence of the required
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 governed 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
Mercury Redbone Celebrity Baybone Tournament
Fishing Umbrella Funding FY 2004
*
3
(
(
cOntract: In addition, the period for which claims may be reported should extend for a minimum 0
twelve (12) months following the acceptance of work by the County.
Recognizing that the work governed by this contract involves the sales and/or distribution o'
alcoholic beverages, the Contractor's General Liability Insurance policy shall include Uquol
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.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its
. ed representative, the a., day of ~ 2003.
~~ I
~
olhage, Clerk
Board of County Commissioners
of Monroe County
LftJ~ >n ~~
Mayor/Chairman
(CORPORATE SEAL)
Attest:
By.
Secretary
OR
P1J.~~jS
ess
Mercury Redbone Celebrity Baybone Tournament
Fishing Umbrella Funding FY 2004
4
SQt.30.Thorm.,
7:00 p.m.
Oct. 1. Fridau'
7:00 a.m.
7:30 a.m.
2~6:00 p.m.
2-5:00 p.m.
3:00 p.m.
5:00 p.m.
6:00 p.Ol.
6:30 p.m.
7:00 p.m.
8:00 p.m.
Oct. 2.. Sa~
6:30 a.m.
7:30 a.m.
3-5:00 p.m.
5:00 p.m.
p.m. ...
Oct. 3. Sunday
6:30 a.m.
(
2004 MERCURY BAYBONE
ITINERARY
EXHIBIT A
Seamaster Supedly Tournament registration and kick-off dinner,
Continental Breakfast, Seamaster Superfly participants.
PooJside.
Boats depart for Seamaster Supertly and GO FISHING.
Baybonc Registration, Angler/Guide/Celebrity.
Poolside.
Silent Auction Previewing.,
Lines out of the water - Scamaster Supertly Tournament.
... GUIDES ror Seamaster Superfly Tournament must
eheck-iD with Scorekeeper prior to S:OO p.m. .**
Cocktail Reception -
Snook's Baysicle.
Guides and Anglers Rules Meeting,
MERCURY MARINFJACTION CRAFT KICK-OFF DINNER
Snook's Bayside.
Live Auction.
"''''. GUIDES must cheek-ill witb Scorekeeper prior to departure
Continental Breakfast for Anglers, Guides, Celebrities and Guest.
Poolside.
Blessing of the Fleet, Boats depart and GO ASHlNG.
Dockside Party, meet the celebrities.
***GUIDES must cbeek-m with Scorekeeper prior to 5:00
...GUlDES must cheek-in with Scorekeeper prior to departure
Continental Breakfast.
Poolside.
7:00 a.m. Boats may depart after sign in and GO ASHING.
3:00 p.m. Lines out of the water.
3-5:00 p.m. Celebrity Dockside Party.
"'''''''GUIDES must check-in with Scorekeeper prior to S:OO p.m. *"'*
7:00 p.m. Cocktail Party and Silent Auction.
Snook's Bayside.
Silent Auction Closes. Awards Banquet.
Snook's Bayside.
8:00 p.m
(
BUDGET BREAKDOWN
FLORIDA KEYS FISHING TOURNAMENTS, INC.
OCTOBER 1, 2003 TO SEPTEMBER 30, 2004
MERCURY REDBONE CELEBRITY ~YBONE TOURNAMENT
(
EXHIBIT B
---------------------------------------------------------
OCT. 1-3, 2004
DIRECT MAIL & POSTAGE $
BROCHURES, POSTERS,
PROGRAMS, PATCHES $ 4,700.00
TROPHIES $ 2,000.00
PHOTO PROGRAM $ 300.00
MEDIA ADVERTISING $ 1,000.00
T-SHIRTS, CAPS, JACKETS $ 500.00
*GENERAL NON-ALLOCATED $ 1,500.00
$ 10,000.00
*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, IHe.
(
(
1996 E4IdoD
MONROE COUNTY, FLORIDA
Request For Waiver
or
Insunnce Requirements
It is requested that the insurance requirements. as specified in the County's Schedule of Insurance
Requirements. be waived or modified on the foUowing contract.
Contractor: See Event Attachment
t20J..~ IkC.
,
CM~~)
Contract for: Services
Addreu 01 Contractor: C/O me Att: Maxine
Phone: 30S-296-1SS2
Scope 01 Work: Advertisinll &: Promotion
, RelllOn for Waiver: Providinlr funds to DlOmote event onlv... . minimal eXOOSUre to county
Policies Waiver
Will apply to: See Attached
81......... alCoalractor: d: -9bh ~ ~~
[
Appru.ed ~ ' NoI App.......
Risk Management: ~.~ L
Date: 7~:J.11)3 "-.:/
-
County Administrator Appeal:
Approved
Not Approved
Date:
Board 01 COUDty Commiuionen Appeal:
Approved
Not Approved
Meeting Date:
Administration Instl1lCtion
#4709.2