Item D10
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: MARCH 16. 2005
Division:
TDC
Bulk Item: Y es ~ No
Department:
Staff Contact Person: Maxine Pacini
AGENDA ITEM WORDING:
Approval of an Amendment to Agreement with Florida Keys Fishing Tournament, Inc. to revise
Exhibit A showing members of the Fishing Umbrella Recommendation Committee.
ITEM BACKGROUND:
TDC to approve same at their meeting of March 8, 2005.
PREVIOUS RELEVANT BOCC ACTION:
Original Agreement was approved by BOCC at their meeting of November 17,2004.
CONTRACT/AGREEMENT CHANGES:
Amendment
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $650.800 p.y
BUDGETED: Yes ~ No
COST TO COUNTY: $650,800p.y.
SOURCE OF FUNDS:
TDC
REVENUE PRODUCING: Yes ---X- No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty ~
OMB!Purch~ ~ Risk Management ~
----~;~?
(Lyl1da Stuart)
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 2/05
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Florida Keys Fishing Contract
Tournament, Inc. Effective Date: 3116/05
Expiration Date:
Contract Purpose/Description:
Approval of an Amendment to Agreement with Florida Keys Fishing Tournament, Inc.
to revise Exhibit A showing members of the Fishing Umbrella Recommendation
Committee.
Contract Manager: Maxine Pacini 3523 TDC # 3
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 3/16/05 Agenda Deadline 3/1105
CONTRACT COSTS
Total Dollar Value of Contract: $ 650,800
Budgeted? Yes[Z] No 0 Account Codes
Grant: $
County Match: $
Current Year Portion: $
SEE ATTACHED SHEET
- - - -
-~~--
-
---
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in doBar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Division Director
Changes
Oate'In Needed
/f1jIS/O'i YesO
j~
S.Hutton
Risk Management YesO NoD:::'
O.M.BJPurchasing.,,2/22jC}J YesO No~
,
County Attorney Y esO No~
Comments:
OMB Form Revised 2/2710] Mep #2
115 75022 53034<l T45F 238 X 530340 FISHING UMBRElLA RESOURCES 5,300
115 75022 53034<l T55F 056 X 530480 KEY WEST FISHING TOURNEY 3112 . t 1I300005 34,475
115 75022 530340 T55F 056 X 530410 KEY WEST FISHING TOURNEY 3112 .11l3Ol2OO5 9,000
115 75022 530340 T55F 059 X 530480 KEY WEST CLASSIC 4/27.JOl2OO5 17,675
115 75022 530340 T55F 059 X 530410 KEY WEST CLASSIC 4127-3012005 800
115 75022 530340 T55F 061 X 530480 LPr GRANo SLAM 8/17.18J2005 4,500
115 75022 530340 T55F 062 X 530480 HI SAIlFISH TOURNEY 1114-16.105 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 6124-26, 2005 5,725
115 75022 530340 T55 064 X 530410 KW GATOR CLUB DOlPHIN 6124-26, 2005 275
115 75022 530480 T55F 204 X 530480 GENERIC FISHING PR 40,000
115 75022 530340 T55F 239 X 530340 GENERJC 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 OOl.PHIN TOURNEY 5/20.22/2005 12,100
115 75022 530340 T55F 075 X 530410 COCONUTS DOLPHIN TOURNEY 5/2()..22/2005 900
115 75022 530340 T55F 076 X 530480 8.LA.M 919-1112005 15,000
115 75022 530340 T55F on x 530480 MERCURY REOBONE 1212-412005 5,700
115 75022 53034<l T55F 079 X 530480 BP & LOWER KEYS OOl.PHIN TOURNEY 6I3-5l2OO5 7,900
115 75022 53034<l T55F 079 X 530410 SP & LOWER KEYS DOlPHIN TOURNEY 6I3-5l2OO5 100
115 75022 530340 T55F 080 X 530480 BAYBONE 9/3()..10/2J2005 10,000
115 75022 530340 T55F 089 X 530480 ISLA. JR. SAILFISH TOURNEY 12117.19/2004 1,600
115 75022 530340 T55F 254 X 530480 HOGS BREATH KlNGFISH 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 6119-24/2005 2,000
115 75022 530340 T55F 260 X 530480 ISLA. WOMEN'S SAILFISH TOURNAMeNT ~5 2,000
115 75022 530340 T55F 263 X 530480 ISLA. ALL TACKLE SONEFISH TOURN 10110..1412005 2,000
115 75022 530340 T55F 302 X 530480 KEY WEST MARLIN TOURN 7/20-2312005 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 SHEllBllLFISH 1/15-17/2005 6,825
115 75022 530340 T55F 354 X 530410 CAPT. LEON SHELL 81lLFISH 1115-1712005 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 318-1112005 2,500
115 75022 530340 T55F 405 X 530480 CELEBRITY @LARGE SUNSET TARPON 5.000
115 75022 530340 T55F 409 X 530480 LADIES, LErS GO FISHING 7/17/2005 1,000
115 75022 530340 T55F 409 X 530410 LADIES, LET'S GO FISHING 7/1712005 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. 5/2:812005 1,500
115 75022 530340 T55F 428 X 530480 SUROINES WATERFRONT DOlPHIN 6/24-2612005 5,000
115 75022 530340 T55F 430 X S30460 I$LAMORAOA FALL SONEFISH 9121-24/2005 2.000
115 75022 530340 470 X S30460 FISHING TV PRODUCTION 80,000
115 75022 530340 T55F 471 X 530480 JIM MISCARELLO KlNGFISH TOURNAMENT 1115-1712005 1.500
115 75022 530340 T55F 472 X 530480 OCEAN REEF aru BACKBONE 1216-8/200.4 4,000
115 75022 530340 T55F 473 X 530480 GHOST HUNT 411.2/2005 4,850
115 75022 530340 TS5F 473 X 530410 GHOST HUNT 411-2J2005 150
115 75022 530340 T55F 475 X 530480 ISLAMORA[)A SPRING ALL TACKLE 3115-1612005 2.000
115 75022 530340 T55F 476 X 530480 WORLD SAILFISH CHAMPIONSHIP 4111-1612005 32,325
115 75022 530340 T55F 476 X 530410 WORLD SAILFISH CHAMPIONSHIP 4111.16/2005 1,001)
115 75022 530340 T55F 506 X 5304aO CONCH REPUSUC lADIes 7121lOO5 1,500
115 75022 530340 T55F 507 X 5304aO PHOENlXHOUSE FUN FISH5I13-15Q005 2,000
115 75022 530340 T55F 507 X 530410 PHOENIX HOUSE FUN FISH 5113-15Q005 500
115 75022 530340 TS5F 508 X 530480 MARATHON INT'L TARPON 515-712005 6,650
115 75022 530340 TS5F 508 X 530410 MARATHON INT'L TARPON 515-712005 350
75022 530340 T55F 509 X 530480 lADles TARPON TOURNEY 4123-2512005 4,815
115 75022 530340 T55F 509 X 530410 lADIes TARPON TOURNEY 4123-2512005 185
115 75022 530340 T55F 510 X 530480 ISL TARPON RODE05l13-15Q005 2,000
115 75022 530340 T55F 511 X 530480 lADIES LET'S GO FISHING 10116104 2,500
650.800
Af18l;NDMt:NT TO AGRJ;EME,t!!
THIS ADDENDUM to Agreement is made and entered into this _ day
of ,2005, A.D., by and between MONROE COUNTY, FLORIDA, (hereinafter
called County"), and Florida Keys Fishing Tournaments, loc., (hereinafter called the
"FKFr).
WHEREAS, there was a contract entered into on November 17, 2004, between
the parties for FKFT to act as a County wide Fishing Umbrella to make
recommendations to the TOC and BOCe concerning funding for tourism related fishing
activitiesf and
WHEREAS, it has become necessary to place a new recommendation
committee member for District IV;
NOW, THEREFORE, in consideration of the mutual covenants contained herein
the parties agree to the amended agreement as follows:
1. Exhibit A of the Agreement entered into on November 17, 2004 shall be
revised to name Eileen McGuire as the FKFT Recommendation Committee member for
District IV. (See Revised Exhibit A).
2. The remaining provisions of the contract dated November 17, 2004,
remain in full force and effed.
IN WITNESS WHEREOFf the parties have set their hands and seal on the day
and year first above written.
Florida Keys Fishing Tournaments, Inc.
President
(SEAL)
ATTEST: DANNYL. KOLHAGE, CLERK
BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY, FLORIDA
Deputy Clerk
.
Mayor/Chairman
SUZANNE A. HUTTON
ASSI STANT,bU;~~ ATTORNEY
Date ~.J;. , s
Amendment: fKFf
REVISED EXHIBIT A
RECOMMENDATION COMMITTEE
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 TDC and SDCC.
As of March 16, 2005 the members shall be:
District I
Capt Mike Weinhofer
District II
Capt. John Crockett
District lit
Capt. Donna Vankirk
District IV
Eileen McGuire
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 TDC and SDCC approval. Additionally, FKFT may request approval
from TDC and SDCC for a replacement member of the Recommendation Committee
for any reason it deems appropriate.
Amendment: FKFT
ii
. FKFr 2004-2007
CONTRACT FOR FISHING UM~~LA SERVlCEI
tic
THIS AGREEMENT, made and entered into this LZ- day of /yo V , 2004,
AD., by and between MONROE COUNTY, FlORIOA, (hereinafter called County"), and
Florida Keys Fishing Toumaments, Inc., (hereinafter called the "FKFT'l
WHEREAS, the County wishes to enter into this agreement with FKFT, so that
FKFT will act as a County wide Fishing Umbrella to make recommendations to the TOe
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. SCQPj: OF WQR~
The FKFT shan provide Flsh/nD Umbrella 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 relations for all Florida Keys Fishing events and
promotions.
B. FKFT may establish a photo program to distribute to national trade
and consumer pubfications, photos to represent award winners and
media attractive fishing photos.
C. FKFT shall establish and administer policies and procedures which
wilt distribute on an equitable district-wide basis based on prior year
bed tax revenue percentages recommended for all qualified fishing
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 TOC funds
will be used to cover administrative or operating costs.
E. All Fishing Umbrella meetings win be open to the public and
properly noticed, the same rules as required for aU governmental
meetings under F.S. 286.011. Fishing Umbrella shall submit a
copy of the Agenda to the TOC office.
F. Monroe County BOCC and TOC will fund through its Advertising
and Public Relations agencies of record costs of promotion and
advertising: (a) directly to vendors upon receipt of proper1y
approved invoices or (b) reimburse FKFT and/or its members upon
receipt of properly approved paid invoices and evidence of payment
subject to availability of funds.
Florida Keys Fishing Tournaments, Inc.
Fishing UmbrelIa Agreement 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 following standards, as a minimum requirement:
I. The FKFT shall maintain adequate staffing levels to provide the services
required under the contract.
fl. 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.]
fit All personnel engaged in performing services under this contract shall be
fully qualified, and, if required, to be authorized or permitted under State
and tocal taw to perform such services.
2. PAYMENTS
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 QF CONTRACT
The term of this contract is for three years, commencing on the 1 at 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. FKFr~ ACC~PTANCE OF CONDITION~
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 circumstances, 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 TDC and County. and the County's decision shaU be final and
binding upon all parties.
C. The passing. approval, and/or acceptance by the TDC or County of any of the
services ftmished by the FKFT shall not operate as a waiver by the County of
strid compliance with the terms of this Contrad, and specifications covering the
Florida Keys Fishing Tournaments. Inc.
Fishing Umb.ella Agreement 2004
FKFr 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 shalf be jointly and severally liable to the County for aU damage, loss, and
D. Expense caused to the County by reason of the FKFrs breach of this Contract
and/or his failure to comply strictly and in all things with this Contract and with the
specffications.
E. The FKFT agrees that the TDC may designate representatives to visit the FKFT's
fadlity(ies) periodically to conduct random open file evaluations during the
FKFTs normal business hours.
F. The FKFT has, and shafl maintain throughout the term of this contract,
appropriate licenses and approvals required to conduct its business, and that it
will at aU times conduct its business activities in a reputable manner. Proof of
such licenses and approvals shall be submitted to the County upon request.
5. FKFT'S FINANCIAL RECQR~
FKFT shan maintain aU books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Each party to this Agreement or their authorized
representatives shall have reasonable and timely access to such records of each other
party to this Agreement for public records purposes during the term of the Agreement
and for four years following the termination of this Agreement. If an auditor employed
by the County or Clerk determines that monies paid to FKFT pursuant to this Agreement
were spent for purposes not authorized by this Agreement, the FKFT shan repay the
monies together with interest calculated pursuant to Sec. 55.03, FS, running from the
date the monies were paid to FKFT.
6. PUBLIC AC<<E~S
The County and FKFT shall allow and permit reasonable access to, and inspection of,
an documents, papers, letters or other materials in its possession or under its control
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 shan have the
right to unilaterally cancel this Agreement upon violation of this provision by FKFT.
7. HOLD HARMLESS
The FKFT covenants and agrees to indemnify and hold harmless Monroe County Board
of County Commissioners and the TDC from any and all claims for bodily injury
(including death), personal injury, and property damage (induding property awned 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 negligence, errors, or
other wrongful act of omission of the FKFT or its Subcontractors in any tier, their
employees, or agents.
Florida Keys Fishing TOUl11lUJlCI'lts. Inc.
Fishing UmbrelJa Agreement 2004
FKFf 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. INDEPENOENT CONTRACT08
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, contractors, servants, or agents to be employees of the Board of
County Commissioners of Monroe County.
9. NONDISCRIMINATION
County and FKFT agree that there will be no discrimination against any person, and it is
expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any
further action on the part of any party, effective the date of the court order. County or
FKFT agree to comply with all Federal and Florida statutes, and aU local ordinances, as
applicabte, relating to nondiscrimination. These include but are not limited to: 1) Title
VI of the Civil Rights Act of 1964 (Pl 88-352) which prohibits discrimination on the basis
of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as
amended (20 USC $S. 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 discrimination 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 Orug 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), as amended, relating to nondisaimination on
then basis of alcohol abuse or alcoholism; 7) The Pubtic Health Service Act of 1912. ss.
523 and 527 (42 USC ss. 69Odd-3 and 290ee-3). as amended. relating to confidentiality
of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42
USC's et seq.), as amended, relating to nondiscrimination in the sale, rentaloftinancing
of housing; 9) The Americans with Disabilities Act of 1990 (42 USC's 1201 Note), as
maybe amended from time to time, relating to nondiscrimination on the basis of
disability; 10) Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the
bases of race, color, sex. religion, 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/SUBCQNTRACT
The FKFT shall not assign or subcontract its obligations under this agreement, except in
writing and with the prior written approval of the Board of County Commissioners of
Florida Keys Fishing Tomnarneots, Inc.
Fishing Umbrella Agreement 2004
FKFr 2004-2007
Monroe County and FKFT, whidl approval shall be subject to such conditions and
provisions as the Board may deem necessary and pursuant to the recommendation of
the County Court Administrative Judge. This paragraph shall be incorporated by
reference into any assignment or subcontrad and any assignee or subcontractor shall
comply with all of the provisions of this agreement. Unless expressly provided for
therein, such approval shall in no manner or event be deemed to impose any additional
obligation upon the board.
11. COMPLIANCE WITH LAW
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 of,
such services, including those now in effect and hereinafter adopted. Any violation of
said statutes, ordinances, rules and regulations shall constitute a material breach of this
agreement and shalf entitfe the Board to terminate this contract immediately upon
delivery of written notice of termination to the FKFT. The FKFT shafl possess proper
licenses to perform work in accordance with these specifications throughout the term of
this contract
12. DISCLOSURE AND CONFLICT QF INTEREST
The FKFT represents 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, at. seq., Florida Statutes. County agrees that officers and employees of the
County recognize and win be required to comply with the standards of conduct for pubtic
officers and employees as delineated in Section 112.313, Florida StaMes, regarding,
. but not limited to, solicitation or acceptance of gifts; doing business with one's agency;
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure 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 aU programs in Monroe
County which the FKFT sponsors, endorses, recommends. supervises, or requires for
counsefing, assistance, evaluation, or treatment. This provision shall appty whether or
not such program is required by statute, as a condition of probation, or is provided on a
voluntary basis.
The County and FKFT warrant that, in respect to itself, it has neither employed nor
retained any company or person, other than a bona fide employee working soIefy for it,
to solicit or secure this Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual, 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 makjng of this Agreement. For the breach or
Florida Keys Fishing Tournaments, Inc.
Fishing Umbre1la Agreement 2004
FKFr 2Q0.4..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 full amount of such fee, commission, percentage, gift,
or consideration.
13. A~REABS
The FKFT shall not pledge the County's credit or make it a guarantor of payment or
surety for any contract, debt, obligation, 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 fulfill the terms of this contract.
14. NOTICe REQt)IREMEN-I
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 mai'. returned
receipt requested, to the following:
FOR COUNTY:
Suzanne Hutton, Assistant County Attorney
PO Box 1026
Key West, Ft 33041-1026
Capt. Jim Sharpe
29975 Overseas Highway
Big Pine Key, Fl 33043
Harold VVheeler
1201 VVhite Street. Suite 102
Key West, FL 33040
FOR FKFT:
FOR TOC:
15. TAXES
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 shan be responsible for any and all taxes, or payments of
withholding, related to services rendered under this agreement.
16. T~RMlNATIQN
A The County may terminate this contract for cause with seven (7) days notice to
the FKFT. Cause shall constitute a breach of the obligations of the FKFT to
perform the services enumerated as the FKFT's obligations under this contract
B. Either of the parties hereto may terminate this contract without cause by giving
the other party sixty (GO) days written notice of its intention to do so.
Florida Keys Fishing TOUl"IUIJI'IerIfs, Inc.
Fishing Umbrella Agn:e:ment 2004
FKFr 2004-2007
1L. GOVeRNING LAW. Vl;Nvew INT(;RPRl;TA TIQN. COSTS. AND FEE~
A. This Agreement shan be governed by and construed in accordance with the laws
of the State of Florida applicable to contracts made and to be performed entireJy 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 agree 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 institution of any other administrative or legal
proceeding.
O. 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
teons, covenants, conditions and proviSions of this Agreement. shall not be
affected thereby; and each remaining term. 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 FKFT agree to reform the
Agreement to replace any stricken provision with a valid provision that comes as
close as possible to the intent of the stricken provision.
E. Attorney's Fees and Costs. The County 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 of 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~prevaifing party, and shall include
attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate
proceedings. Mediation proceedings initiated and conducted pursuant to this
Agreement shall be in accordance with the Florida Rules of Civil Procedure and
usual and customary procedures required by the circuit court of Monroe County.
F. Adjudication of Disputes or Disagreements. County and FKFT agree that all
disputes and disagreements shall 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 Fishing Tourrunt1eJlts., Jnc.
Fishing Umbrella Agreement 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, performance, 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 Agreement or provision of the services
under this Agreement. County and FKFT specifically agree that no party to this
Agreement shall be required to enter into any arbitration proceedings related to this
Agreement.
18. BINDING 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 lega' representatives,
successors, and assigns.
19. AUTHQRITY
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 FEDERAL OR ~TATE AIQ
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. PRlVllE~ES ~Q IMMUNIIIES
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 territoria' limits of the County shall apply to the same degree and
extent to the performance of such functions and duties of such officers, agents,
volunteers, or employees outside the territorial Umits of the County.
22. lEGAl OBLIGATIONS AND RESPONSIBlllT'~
Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended
to, nor shall it be construed as, reJieving any participating entity from any obligation or
responsibility imposed upon the entity by law except to the extent of actual and timely
Florida Keys Fishing TOUl1llUne'llts, Inc.
Fishing Umbrella Agreement 2004
FKFf 2Q04..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
intended 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 Florida
constitution, state statute, and case law.
23. NON-RElIANC~ BY NON-PARTIES
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 any third-party claim or entitlement to or
benefit of any service or program contemplated hereunder, and the County and the
FKFT agree that neither the County nor the FKFT or any agent, officer, or employee of
either shall have the authority to inform, counsel, or otherwise indicate that any
particular individuat 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 this Agreement.
24. ATTE$TATIONS
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 PERSQNAl LIABILITY
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. EXECUTION IN CQUNTERPART~
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, aU of which taken together shalt constitute one and the same
instrument and any of the parties hereto may execute this Agreement by singing any
such counterpart.
27. SI;((TION 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 interpretation of any prOviSion of this Agreement.
Florida Keys Fishing Tournaments, Inc.
Fishing Umbrella Agreement 2004
FKFf 2()()4..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 accounting for the other counterparts, be deemed an original contract.
(SEAl)
Attest: .
OANNY I-KOlHAGE, Clerk
Monroe County Board of County
Commissioners
'...,,~
~ Clerk n_
~)ta >n ~
Mayor/Chairman
(SEAl)
Attest:
Florida Keys Fishing Tournaments, Inc.
By:
Florida Keys Fishing Tournaments, Inc.
Fishing Umbrella Agreement 2004
FKFT 2004-2007
exHIBIT A
RECOMMENDAnoNCOMMITTEE
The Recommendation Committee is estabtished 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 TOC districts throughout the
Florida Keys. Each member shan 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 TOC and BOCC.
As of the commencement of the contract effective October 1, 2004 the members shall
be:
District I
Capt Mike Weinhofer
District II
Capt. John Crockett
District III
Capt. Donna Vankirk
District IV
Jim Bemardin
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 TDC and BOCC 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 Fishing Tournaments, Inc.
Fishing Umbrella Agreement 2004