Item D09
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: DECEMBER 15. 2005
Division:
TDC
Bulk Item: Yes..lL- No
Department:
AGENDA ITEM WORDING:
Approval to amend agreement with Daniel Greg Gore to change date of the 2nd Annual
John Muscarello Kingfish Tournament from January 15-17, 2005 through to January
14-16,2005.
ITEM BACKGROUND:
PREVIOUS REVELANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
Amendment to change date of event
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: 31.500
COST TO COUNTY: $1.500
BUDGETED: Yes ~ No
SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes -X- No AMOUNT PER MONTH_ Year
APPROVED BY: County Atty --1L- OM~~_,k--:> 19sf Management---X-
DIVISION DIRECTOR APPROVAL: L.-/---~/ ~---L~
(Lynda Stuart)
To Follow_
Not Required_
DOCUMENTATION:
Included X
DISPOSITION:
AGENDA ITEM # 1:J - q
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Daniel Greg Gore Contract #_
Effective Date: 12/15/04
Expiration Date:
Contract Purpose/Description:
Approval to amend agreement with Daniel Greg Gore to change date of the
2nd Annual John Muscarello Kingfish Tournament from January 15-17.
2005 through to January 14-16.2005.
Contract Manager: Maxine Pacini 3523 TDC # 3
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 12/15/04 Agenda Deadline 11/30/04
CONTRACT COSTS
Total Dollar Value of Contract: $ 1,500
Budgeted? Y es~ No 0 Account Codes:
Grant: $
County Match: $
Current Year Portion: $
115-75022-530340- T55F-471X-530480
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ADDITIONAL COSTS
Estimated Ongoing Costs: $-"yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Division Director
Date Out
Risk Management
O.M.B./Purchasing
County Attorney
Comments:
OMB Form Revised 2/27/01 MCP #2
THIS ADDENDUM to agreement is m~e and entered into this _ day of
2005, between the County of Monroe and Daniel Gore_
WHEREAS, there was an agreement entered into on Odober 20, 2004 between
the parties, awarding $1,500 to Daniel Greg Gore for the 2nd Annual John Muscarello
f(jngfish Tournament on January 15--17, 2005, and
WHEREAS, it has become necessary to revise dates of event due to an error on
the event application;
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 $1,500 (One Thousand and Five Hundred Dollars) for promotion and
related expenditures, as described in the event budget, attached hereto as Exhibit B, for
produdion of the 2nd Annual John Muscarello f(jngfish Tournament on January 14-16,
2005. 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. The remaining provisions of the centrad dated Odober 20, 2004 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.
Daniel Greg Gore, President
(SEAL)
ATTEST: DANNYL.KOLHAGE,CLERK
BOARD OF COUNlY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Deputy Clerk Mayor/Chairman
MONROE COUNTY ATTORNEY
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D... A~SISTANT 1.ANEY
Page 1 of 1
Pacini-Maxine
From: FishUmbrella@aol.com
Sent: Saturday, November 20, 2004 11 :45 AM
To: AdminAsst@Fla-Keys.com
Subject: Re: Date Change for John M. Tourn.
Please make the following date change for the John Muscerello Kingfish Tourn.
Thank You, Christina
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Christina,
Yes I need to change the dates to the 14th 15th & 16th of Jan. 2005 Can I fax the pages that you need or
do I need to drop them off at the store?
Thanks, Capt. Greg Gore
11/22/2004
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FUNDING AGREEMEtIT
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 Daniel Greg Gore. (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 $1.500 (One Thousand and Five Hundred
Dollars) for promotion and related expenditures. as described in the event budget. attached
hereto as exhibit B. for production of the 2nd Annual John Muscarello Kingfish Toumament on
January 15-17. 2005. 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, 2005. 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, 2005, 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, 2005, except that for events with promotional expenditures incurred between July 1 and
September 30, 2005, invoices must be submitted within ninety (90) days of the conclusion of
the event.
Fishing Umbrella Funding FY 2005
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3. No person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce or attempt to enforce any third-party cl~im or
entitlement to or benefit of any service or program contemplated hereunder, and the County
and the Contractor agree that neither the County nor the Contractor or any agent. officer. or
employee of either shall have the authority to inform. counsel, or otherwise Indicate that any
particular individual or group of individuals. 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 the Agreement.
4. 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.
5. 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 obtain prior to the event a Uquor Uability insurance
policy naming Monroe County as a co-insured.
6. 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.
7. 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.
8. 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.
9. Event Sponsor warrants that he/she/it has not employed. retained or otherwise
had act on his/herflts 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.
10. 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.
Fishing Umbrells Funding FY 2005
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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 lWO for a period of 36 months from the date of being placed on the
convicted vendor list.
11. Loao: All promotional literature and advertising must display the "The Florida
Keys & Key West, Monroe County Tourist Development Council, Come.. You Ant",
logo/trade mark adopted by the TDC and County on November. 2000 (as per attached).
Radio Advertising should read "Brought to you by the Monroe County Tourist Development
Council". No reimbursement or direct payment will be considered unless this logoltrade mark
is utilized.
12. Insurance Reauirements: Event Sponsor. as a pre-requisite of the Special Event
governed by this agreement. shall obtain. at its own expense. insurance as specified in this
section.
Event Sponsor 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. 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
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* Personal Injury Uability
* Expanded Definition of Property Damage
The minimum limits acceptable shall be:
* $1,000,000.00 combined Single Umlt (CSL)
If spilt 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 01
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 of
alcoholic beverages, the Contractor's General Uability Insurance policy shall include Uquor
Uability with limits equal to those of the basic coverage.
A separate Uquor Uability policy is acceptable if the coverage is not more restrictive than
the contractor's General Liability policy.
ESS WHEREOF, each party has caused this Agreement to be executed by Its
~ epresentative, the .J / ~T day of A"..fo . 2004.
Board of County Commissioners
of Monroe County
~(~
May 7Chairman -
Daniel Greg Gore
~~L
Witness
By&J ~~~Q.
Daniel Greg
Witnesses:
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E~JlIBIT "A".
TOURNAMENT SCHEDULE OF EVENTS
FISCAL YEAR 2004-2005
PRINT TOURNAMENT NAME
DAY 1
8 :00
--
AM LINES IN WATER
3 : 00 PM LINES OUT OF WATER
---
: PM EVENING EVENT
-
_5_:00 PM WEIGH-IN OVER
PM OTHER EVENT
DAY 2
_8_:_00_AM LINES IN WATER
_3_:_00_PM LINES OUT WATER
PM EVENING EVENT
fry
DAY 3 - AM LINES IN WATER
- .
. PM LINES OUT WATER
- .
. PM EVENING EVENT
- .
. PM WEIGH-IN OVER
.
- - -
,
. PM OTHER EVENT
- . ,;'
DAY 4 . AM LINES IN WATER
- -
- PH LINES OUT WATER
- .
. PM EVENING EVENT
- .
. PM WEIGH-IN OVER
- .
PM OTHER EVENT
_5_:_00_PM WEIGH-IN OVER
5;30_:_7;30_PM OTHER EVENT Awards' fish
FLORIDA. k!yS tt~HtNG TOU~S, IHe.,
TOU1'UWmNT D!R!ctoAs It!POR1' 2004-2005
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J. EXHIBIT. "B"
BUDGET BREAKDOWN
FLORIDA KEYS FISHING TOURNAMENTS, INC.
OCTOBER 1, 2004 TO SEPTEMBER 30, 2005
JOHN MUSCARELLO KINGFISH TOURNAMENT
---------------------------------------------------------
JAN. 15-17, 2005
DIRECT MAIL & POSTAGE $
BROCHURES, POSTERS,
PROGRAMS, PATCHES $
TROPHIES $
PHOTO PROGRAM $
MEDIA ADVERTISING $ 1,500.00
T-SHIRTS, CAPS, JACKETS $
*GENERAL NON-ALLOCATED $
$ 1,500.00
*GENERAL NON-ALLOCATED IS NOT TO EXCEED 15t OF THE
TOURNAMENTS TOTAL BUDGET.
*TOURNAMENTS CAN NOT EXCEED MORE THAN 30t OF THE
TOTAL BUDGET IN TROPHY LINE ITEM EXCEPT WHEN
TOURNAMENTS GET SPECIAL APPROVAL FROM FKFT, INC.
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1'" Edl....
MONROE COUNTY, FLORIDA
Request For Waiver
of
IDlunace RequlremeDts
It is requcstecl1bal die iDsuranc:e requirements, as specified in the County's Schedule oflDsunnce
Requirements, be waived or modified on the followiq CODtnct.
CODtractor: See Event Attachment
Na.e of EDdty: t)n. "1:"_\ Gn-~
N_oU_t: r tn!1'\....J :::s;,l.n.1:tll<:r-"o.(f' \1Lk.~,L -r~
CODtract for: Services
Acldfell of Coatractor:
c/o TOe AU: Maxine
Pho..: 30S-296-1 SS2
Scope of Work: Advertisil\v and Promotion
Reuo. for Waiver: Proyjdinsr funds to promote event ont,. ... Minimal exposure to
county
PoUclel Waiver wtU
Dpply to: See Attached
S....tare of Coatraetor:
Approved
~
RIsk MaDDlemeat:
~ ;/7/0 rj
Date:
COIIDty Ad.i8i1trator Appeal:
Approved
t
Not Approved
Date:
Board of Co.aay Co....Io..n Appeal:
Approved
Not Approved
MeedDl Date:
Ad.lailtratioa IDstnaedoa
#4709.2