Item D9
BOARD OF COtJNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: JANUARY 18.2006
Division:
TDC
Bulk Item: Yes -X- No
Department:
Staff Contact Person: Maxine Pacini
AGENDA ITEM WORDING:
Approval of an Amendment to Agreement with Executive Adventures. Inc. covering the World Sailfish
Championship to revise Exhibit B of the Agreement.
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION:
BOCC approved original Agreement at their meeting of October 19. 2005.
CONTRACT/AGREEl\1ENT CHANGES:
Amendment to Contract
STAFF RECOM.MENDA TIONS:
Approval
TOTAL COST: $34.000
BUDGETED: Yes -L No
COST TO COUNTY: $34.000
SOURCE OF FUNDS:
TDC
REVENUE PRODUCING: Yes.lL. No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty -X- OMB/Purchasing -X-
Risk Management -X-
DIVISION DIRECTOR APPROVAL:
c--~/7/J4t'<_R-~p
(Lynda Stuart)
DOCUl\.1ENT ATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 2/05
"--...._.....,~...,;t...;J
CONTRA.CT SUMMARy
Contract with: Executive Adventures
~c.
Contract#_
Effective Date: 10/19/05
EXpiration Date:
COIl~t Manager: -M~ine Pacini
(Name)
3523
. (Bxt.)
TDC # 3
(Department/Stop .#)
{ J;I 0/
for BOCCnieetin
CONTRACT COSTS
'TOlal.DQUarV4lue ofCo;ttt""t:$ 34,000 Current Year Portion: $
~udgc(ed? Y 0$121 No 0 Aoc&Unt CodeS:115-7~022-530340_T6SF426 -XC53G480 .
Grant; $ IJ~-7~022-530340-T65F426 -X-53041O'
CountyMatch: $
---- ..~.....-:--.. -~-:""'----
ADDITIONAL COSTS
Estim~teq Ongoing Costs: $_, ..../yr For:
Of Uudlldod'in do1iai v.lu, .b.... , . """""""'-lltilitie., . 'aoitOriiil, ..ran,., oit,J
CONTRACT REVIEW
County Attorney
Division Director/I~
Risk. Management . ... iJ/vt
ofUi.IPUrCh8.$i~g
Date Out
Comments:
=-
S.Hutton
==
=
OMB PQnn:Revised2J27/01 MCP #2
/
ADDENDUM TO AGREEMENT
THIS ADDENDUM to agreement dated the day of 2006, is entered into
by and between the Board of County Commissioners for Monroe Countyl on behalf of the
Tourist Development Council, and Executive Adventures, Inc.
WHEREAS, there was a contract entered into on October 19, 2005, between the
parties, awarding $34,000 to Executive Adventures, Inc. for the production of the World
Sailfish Championship on April 18-22, 2006; and
WHEREAS, Exhibit B needs to be revised to reflect a change in the budget for the
event;
NOW, THEREFORE, in consideration of the mutual covenants contained herein
the parties agree to the amended agreement as follows:
1. Exhibit 8 of the Agreement dated October 19, 2005 shall be revised, and attached
hereto.
2. The remaining provisions of the contract dated October 19, 2005 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.
(SEAL)
ATTEST:
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY
COMMISSIONERS OF
MONROE COUNTY, FLORIDA
Deputy Clerk
Mayor/Chairman
~.. MONROE COUNTY Ano : _ _
AP VED AS T ,
- -
UZ NE UT
ASSISTINT C .' TON
Date_ It. t,(/)j;TV ATToRNEY
I _
EXHIBIT B
REVISED BUDGET BREAKDOWN
FLORIDA KEYS FISHING TOURNAMENT, INC.
OCTOBER 1, 2005 TO SEPTEMBER 30, 2006
WORLD SAILFISH CHAMPIONSHIP
DIRECT MAIL & POSTAGE $1,000
BROCHURES, POSTERS, $17,200
PROGRAMS, PATCHES
TROPHIES $3,500
PHOTO PROGRAM $1.300
MEDIA ADVERTISING $3.000
T -SHIRTS, CAPS, JACKETS $6,000
GENERAL NON-ALLOCATED $2.000
$34.000
*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 FK.FT, INC.
Fishing UmbreUa Funding FY 2004
World Sailfish Championship
,
i
fUNDING AGREEMEtcr
THIS AGREEMENT is made and entered into by and between the Board of
County Commissioners of Monroe County. Florida, (hereinafter ref8lTed to as the "County")
and Executive Adventures. Inc. (hereinafter referred to as "Event SIlonsor');
WHEREAS, the wnbrella 0I'Qatlizati0n under contract 10 the County has recotnmended
10 the Monroe County Tourist 0eve/0f:lITl8nt Council (hereinafter "TOe"), which has endorsed
thel'8COmmendation. that certain monies be allocated for P/'OIT1Olion of an event,
THEREFORE; in consideration of the mutual promises conlained herein, the parties
agree as follows:
1. County shall pay a sum not to exceed $34,000 (Thirty Four Thousand Dollars)
for pnJrnotfoo and related expenditures. as desaibed in the event bUdget, attached hereto as
Exhibit S, for IlI'Oduction of the World Sailfish Charnp/ons/vp on ApriJ 18-22, 2008. Paytnent
will be made only attar EIIent Sponsor submits invoIoes and SUPPClrt documentatton
acceptable to the County's Finance ~ The advertising and PIOIIlotion budget for
County funding may be altered as 10 the individual line items. or COJnponenrs. within 10% of
the amount stated for that item or COIIlponenf, without Increasing the Iotal doll.,. amount and
without fllqUiring a written llt'rIendment to this ~ The Q8nera1 non-allocaled section of
an Umbrella event bUdget may be utilized for unforeseen P8tmiss/ble I!llcJ>endilure and for
those budget lines that may require additlOlla/ funds. Monroe County's P8Iformance and
obligation 10 pay under thjs "9I'll8ment is contingent upon an 8IlI'lUaI 8pprDpriattoo by the
County.
2. EII8tlI Sponsor shall provide promotion and related sarvices as desaibed in the
Sl'OllSor's application for funding. Exhibit A, attached hereto. All advertising and public
re/alions services or 8Upervision of advertising and pub//c relations will be provjde(j Ihrbugh
the contracled agenc;es of the TOe and County. The lIgencies of 1'8COrd. shall '-'va
PlIYIIlent of work in progress upon submiSSion of documented immices assoc;ated with said
event. EIIent spon- fully undetstands that funding is obtained from tourist development
taxes for which the fiscal year ends 8epranm",. 30. 2006. EIIent 8pOnsor e/so uncIerstancIs
that the funding Pf'OC8Ss through which this contract _ made avai/abla by County requires
avent IIpOnsors to SUbmit thair ~ requasrs as quickly as POSSible and 10 finalize all SUCh
requests before the end of the tlscal year, if at all POSSible. In order for the tourist
development taxes 10 be utilized lI'I08I alfedively for the PlJIpose for which they were
authorized. aIlractlng and P/'OIT1Oling tourism, tha budgeting Pf'OC8Ss of the County fllqUires
the event's funding to be concluded In a IimaIy manner. in 1'8cognitjon that the timeliness of
PlIYIIlent r8ql/8SlS is of el<trema imllOrtanca to the funding of fuIure advertising and P/'OmOIion
for the stability of the tourist-based economy, EIIent Spon_ IlgI'ees to SUbmit by September
30, 2006, all invoices and support dOClJmentation as required by the County's Finance
Department rules 8IId policies. Event Sponso, shall not be reimbursed nor will Event
Sponsor's vendors be paid directly for any invoices received by the County afler September
30, 2006, eXC8ptlhat for events with promotional expenditures irlCllt't8d belweer, July 1 and
1
September 30, 2006, invoices must be SUbmitted within ninety (SO) days of the conclusion of
the event.
3. No P8ISon or entity shall be entitled 10 re/y upon /he lerms, or any of Ihern, of
this Agreement to anfon:e or allempt to anfon:e or all8rnpl1o anfon:e any third-party claim or
entitl8ll1ent 10 or benetil of any service or PI'ClltIInJ contemplated hereunder, and the COUtJly
and /he Contractor agree that neither the County nor /he Contractor or any agent, otIicer, or
employee d eiIIw sha1/ have the authority to inform, COUrlseI, or othelwise indicate that any
particular indilllduaJ or group of indhriduals, entity or entlties, have entiIIements or benetits
unc:1er this ~ S8parate and apart, inferior to, or SUperior 10 the COIntnunity in Qeneral
or for the purposes contemplated in the Agreement.
4. Event Sponsg,. shall reimburse County for any amount of l'unc:Ia 8lepended by
County in COIln8cllon with an event which does not OCCUr as a result of any act or omission by
Event Sponsor.
5. Event 8ponso,. covenants and llgn!les to indemniry and hold harmless Monroe
County 80SI'd d County COIlImisslooers from any and all c/altns for bodily injuty (including
death), P8I'SOnaI injuty, and P/'Dperty d8lTl8ge (including P/'DpeI1y 0WIled by Monroe County)
and any other '-, damages, and ~ (inclUding aIIomeys f_) which arise out of,
in CDtlneclion with, or by --. of /he services provided, event BponSOtl!ld, or other activitiea
and funding aSSOciated with this aoreernent. Should event involve /he senrlng or distribution
of akoholic beverages, Event 8ponso,. shall obtain Prior 10 the event a Uquor UabilIty
insurance policy naming Monroe County as a CO-insured.
6. Event 8ponso,. shallrneinlain J'8COrds PlJrSuant to 98nera/1y 8CC8pted 8CcOunlIng
Principles for Ihtee (3) Y8alS aller /he event and Shall P8fmit County and its agents and
employees access to said records at reasonable times.
7. County tnay lenninate this 8W88f11ent without cae.- upon ptDVldlng lllriltan
notice to Event S/lOIISor no less than silcty (60) days Prior to /he event and may lermlnate for
breach upon PRJviding to Event Span".". notice at '- seven (7) days Prior 10 /he etl'ec:tiw
date of the termination.
8. Event llponsor ;s an ~l contractor and Shall diSClose any potential
contIiets of interest SS defined by Florida Slatutes, Chapter 112 and Monroe COUnty Code,
Article XXI.
9. Event Sponsor 'NarTants that I1e/MJeIit has not employed, retained or OthStwise
had act on hislherllts behalf any Ibnner COl.Vlty otrlcer or employee in violation of Section 2 or
Ordinance No. 10-1990 or any County officer or employee in violalion of Section 3 of
Ordinance No. 10-1990. For breach or violation of /he P/'DVislon /he County may, at its
discretion terminate this conlract without liability and may also, at its discration, deduct from
the contract or purchase Price, or othetwise recover, /he full 8IIIOtJnt d any fee, commission,
PM:entage, gilt, or consideration paid 10 /he Ibnner or P/'9Sent COUtJly oIIicer or employee.
Fishing UmbnJlla Funding FY 2004
JMJrld SailfIsh ~
2
{
10. A person 01' allillate who has been placed on the COnIrlcted vendor list following
a conviction for ptJblic enlily crime may not submit a bid on a contract to pt'OIflde any 900d. or
S8lVice8 to a public entity, may not SUbmit a bid on a contract with a public enlily for the
construction or repair of a public builcting or public lWlIk. may not SUbmit bids on lease. of real
property to public entity, may not be --.:led or P8rlonn work as a contractOl', SUpplier,
SUbcontractor, 01' consultant under a contract with any ptJbllc entity, and may not Iran8act
busIneas with any public entity In excess of the threshold 8IIlOunt P/'OIfided in Seclion 287.017,
for CATEGORY TWO for a pefiOC/ of 36 months from the elate of being placed on the
convicted vendor list.
II. looo: All PI'OmotiOlla/ lilerattJre and advertising must display the "The FlorId.
Keys & Key W..... Momoe County TOUrist ~-t CouncIl, Come ... You AI8~
100C>IIrade matIc adopled by the TOC and COUnty on November, 2000 (as per attached).
RadIo Aclver1I"ng shoufd read 'SI'DUght to you by the Monroe County Tourist Oevel"Pment
Council". No reirnbl.nement 01' direct P8Y1T1ent will be COrl8idered unless this ~ II1ark
is utilized.
12. Jnsun.n"., Reayl_"I!: EIIent SPllnsor, as a Pl'B-requisl!e of the Special Event
90VemecI by this SQreement, shall obtain, at its 0Im 4llrpense, Insurance as llpeciljed in this
section.
EIIent Sponsor will not be parmilted to COtnmence work 8SSociated with the EVMI
(inclUding P/'lHtagJng of P8I'Sonne/ and material) until satisfactory evidence of the requirecl
insurance has been rumished to the county as lSpecjfjed below. EIIent SJlonsor shall maintain the
requ;red insurance ~ the entire duration of /he $peaaJ EIIent and any ElJCtensjons
8pacjfjed In any attached SC/1eclules. Failure to comply with this PI'OVis/on may result in the
immediate suspension of the EIIent until/he required '1lSUrance has been reinstated 01' replaced.
Event SI'Onsor shall P/'OIflde' to the County, as satisfactc/)' evidence of the required insurance,
either:
.
Certificate of Insurance
or
· Certified copy of the actual insurance POlicy
A certified copy of any 01' all Insurance flO/icies requ;red by this conlract shall be filed with the
Clerk of the BOCC Prior to the Event.
All insurance policies must SJ38Cify that they are not SUbject to cancellation, notl-renewal,
material change 01' reduction in coverage unless a minimum of thirty (30) clays Prior notification is
given to the County by the insurer.
Acceplanca and/or approval of Event SIlonsors insurance shall not be construed as
relieving Event Sponsor from any liability or obligation SSsumed Under 'his contract 01' i/11flOsed by
taw.
The Monroe COUnty Boarcl of County Commissioners, its &mpIoyees and officials will be
inclUded as -Additional Insurecr on all POlicies.
Any d.....iations from these General Insurance Requirements must be requested in writing
on the County fonn tilled .Request for Waiver of Insurance Requirements. and must be apProved
by Monroe County Risk Management.
Fishing UmbreIl8 Funding FY 200t$
World Ssillfsh Championship
3
Event SIlOnsor shall furnish lIle County with a certjflC8te eVk:fencjng the i1l8Urance requi
by this paragtaph not later than Iwenty (20) days Prior 10 the event.
Prior 10 COIM1eocement of WOtk governed by this contract, Event Sponsor shall obI;
General liabilily Insurance. Coverage shall be maintained through out the life of the COIlIract a
include, as a minimum:
· Premises Operations
· Products and Completed Operations
· SIanket COOtractualliability
· Persona, 'njury Liability
· ~ Definition of Property Damage
The minimum limits acceptable shall be:
· $1,000,000.00 COmbined Single Limit (CSL)
If splil Iimils are provided, the minimum Ilmils 8CcepIab1e shall be:
· $500,000.00 per person
· $1.000.000.00 per Occurrence
* $100,000.00 Property Damage
An Occunence Fonn POlicy is PTeferred. If COVerage is PI'OWded on a Claims Made
POlicy, iIs provisions should Include COVerage for claims filed on or after the etl'ective dale of this
COoIracI. In addillon, the P8riod for Which claims may be "'POtIec:l should 8Jdend for a minimum of
twelve (12) months rellOwing the SCI:eI>tance of WOtk by the County.
Recognizing thel the WOtk IlOVerned by this COIlIract InvOlves the sales and/or distribution of
alCOholic beveraoea, the Conlractor's General Liability Insurance POlicy shall inclUde Liquor
Uabilily with limits equal 10 !hose of !he basic coverage.
A separate Liquor Liability policy is 8CCepIab1e if Ihe coVlll'8ge is not more restricl/ve than
the contractor's General Liability POlicy.
Jt.!'~~~'m'~EOF, each a has caused Ihi" ~ent 10 be executed by its
duly~~,the~.dayof ~bW ~2005.
'-.\
(SEAL) · . ,.J 8oan:I of COUIlIy Commissioners
Attest: Danny L KoI~,;Clerk of Monroe COUIlIy
_Jl~~~..~~ ~~~~.~~t~
(CORPORATE SEAL)
Attest:
By.
Secretary
By
OR
Witness
4
MONROE COUNTY ATTORNEY
~~~
UZANNE A. HUTTON
'It..~:~I~~~2~% ~TTORNeY
Fishing UmbreHa Funding FY 2~
Wotkt Sailfish Championship
(
l
FLORIOA KEYS FISHING TOURNAMENTS, INC.,
TOURNAMENT SCHEDULE OF EVENTS
FISCAL YEAR 2005-2006
W.dJ s.~. ~.Jr!~ 'tI~
PINT TOURNAMEN NAME
EXHIBIT A
DAY 1
1: Ie_AM LINES IN WATER
~''SeLPH LINES 00'1' OF WATER
~:-'1tL..PM EVENING EVENT
-=- _PM WEIGH-IN OVER
-=_PM OTHER EVENT
DAY 2
-f..=-'2-AM LINES IN WATER
.1=-3L,.PM LINES OUT WATER
-2:.=~PH EVENING EVENT
-'
_PH WEIGH-IN OVER
-=_PM
OTHER EVENT
DAY 3
: AM LINES IN WATER
--
= PH LINES OUT WATER
--
: PM EVENING EVENT
--
-=_PH WEIGH-IN OVER
: PH OTHER EVENT
--
1-: ->>-AH LINES IN WATER
--3- : -.QQ.. PH LINES OUT WATER
--2. : -<<-PH EVENING EVENT
: PH WEIGH-IN OVER
--
-"- PH OTHER EVENT
IJJy PAY
DAY 4
~~ ~ ~ V1f ".-y
.1
BXHI8IT 8
BUDGET BREAKOOWN
FLORIDA KEYS FISHING TOURNAMENTS, INC.
OCTOBER I, 2005 TO SEPTEMBER 30, 2006
---------------------------------------------------------
WORLD SAILFISH CHAMPIONSHIP
APRIL 18-22, 2006
DIRECT MAIL & POSTAGE
$ 1,000.00
BROCHURES, POSTERS,
PROGRAMs, PATCHES
$10,000.00
.$ 3..500.00
TROPHIES
PHOTO PROGRAM
.$
500.00
MEDIA ADVERTISING
$10,000.00
T-SHIRTS, CAPS.. JACKETS
$ 6,000.00
$ 3,000.00
*GENERAL NON-ALLOCATED
-----------
*GENERAL NON-ALLOCATED IS NOT TO EXCEED 15% OF THE
TOURNAMENTS TOTAL BUDGET.
$34,000.00
*TOORlilAMENTS CAN NOT EXCEED MORE THAN 30% OF THE
TOTAL BODGET IN TROPHY LINE ITEM EXCEPT WHEN
TOURNAMENTS GET SPECIAL APPROVAL FROM E1CFT, INC.
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