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Item E03 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: APRIL 19.2006 Division: TDC Bulk Item: Yes ~ No Department: Staff Contact Person: Maxine Pacini AGENDA ITEM WORDING: Approval of an Amendment to Agreement with Dove Creek Co_ to revise dates of the Ghost Hunt Tournament to September 8-9, 2006. ITEM BACKGROUND: PREVIOUS RELEVANT BOCC ACTION: BOCC approved original agreement at their meeting of October 19, 2005. CONTRACT/AGREEMENT CHANGES: Amendment to revise dates ST AFF RECOMMENDATIONS: Approval TOTAL COST: $5,000 BUDGETED: Yes ~ No COST TO COUNTY: $5.000 SOURCE OF FUNDS: TDe REVENUE PRODUCING: Yes -1L No AMOUNT PER MONTH_ Year APPROVED BY: County Atty ~ OMBfPurchasing ~ Risk Management ~ DIVISION DIRECTOR APPROVAL: (Lynda Stuart) DOCUMENTATION: Included X Not Required ~ DISPOSITION: AGENDA ITEM Revised 2/05 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SlJMMARY Contract with: Dove Creek Co. Contract # - Effective Date: 4/19/06 Expiration Date: Contract Purpose/Description: Approval of an Amendment to Agreement with Dove Creek Co. to revise dates of the Ghost Hunt Tournament to September 8-9. 2006. Contract Manager: Maxine Pacini 3523 TDC # 3 (Name) (Ex 1.) (Department/Stop #) for BOCC meeting on 4;ff/06 Agenda Deadline 4~!06 CONTRACT COSTS Total Dollar Value of Contract: $ 5,000 Budgeted? Yes0 No D Account Codes Grant: S County Match: $ Current Year Portion: S 5,000 115-75022-530340- T65F-473X-530480 - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW , pate In Division Director51/J Iq.y Changes Needed YesD NaG} Date Out Risk Management ,~, O.I'V1.BJPurchasing YesD No~ :> !J.r)t)(yYesD NO~ S.Hutton County Attorney ~ YesD No~' I Comments: OMB Form Revised 2/27/01 MCP #2 ~M TO AGReEMENT . THIS ADDENDUM to agreement dated the day of 2006. is entered into bV and between the Board of County CommisSioners for Monroe County. on behalf of the Tourist Development Council, and Dove Creek Co. WHEREAS. there was a contract entered in10 on October 19, 2005. betWeen the parties. awarc1lng $5.000 to Dove Creek Co. covering the procl.uction of Ghost Hunt on April 7-8. 2.006: and WHEREAS. it has become necessary to revise the date of the event; and NOW. THEREFORE. in consideration of the mutua' covenants contained herein the parties agree to the amended agreement as folloWs: 1. Paragraph I of the Agreement shall read that the production of Ghost Hunt will be on September e.g, 2006. 2. The remaining provisionS of the contract dated Oatober 19. 2005 remain in fuU force and effect. IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above writtan. (SEAL) ATTEST: ~~--~/ Presktent (SEAL) AlTEST: DANNY L KOLHAGE, ClERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairman Deputy Clerk Page 1 of 1 Pacini-Maxine From: FishUmbrella@aol.com Sent: Tuesday, March 14,20069:27 PM To: AdminAsst@Fla-Keys.com Subject: Re: (no subject) The Ghosthunt Tournament is changing their dates for 2006 see, below from our board representative in Key Largo Michele from Dove Creek Lodge. If you have any question please email them directly to her at michelem@9ovecreeklodge.~QJ!}' Thanks In a message dated 3/10/2006 1:20:44 PM Eastern Standard Time, michelem@dovecreeklodge.com writes: Hi Christina, Regarding the Ghost Hunt the new dates will be Sept. ath and 9th. The person in charge is Tammie Gurgiolo. Good Luck on Thursday, I hope alt goes well. Michele Dove Creek Lodge 3/15/2006 FUNgJNG AqRE!iMENI 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 Dove Creek Co. (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 "TOC"), 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 $S,(X)() (Five Thousand DoUars) for promotion and related expenditures, as described in the event budget, attached hereto as Exhibit B,. for production of Ghost Hunt on April 7-8, 2006. 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. AIr advertising and public relations services or supervision of advertising and public relations will be provided through the contracted agencies of the TOe 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, 2006. 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 aU 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 whidl 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, 2006, aU 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, 2CXl6, except that for events with promotional expenditures incurred between July 1 and September 30, 2006, invoices must be submitted within ninety (90) days of the conclusion of the event. Fishing UmbreIfa Funding FY 2000 Ghost Hunt 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 claim 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, counsef, or otherwise indicate that any particular individual or group of individuals, entity or entities. have entitlements or benefits under this Agreement separate and apa~ 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 attorneys 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. 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 helsheJit has not employed, retained or otherwise had act on hislherlits behalf any former County officer or employee in violation of Section 2 or Ordinance No. 1 ()"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 disaetion terminate this contract without liability and may also, at its disaetion, 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. Fishing Umbrel18 Funding FY 2008 Ghost Hunt 2 10. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity aime 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 perfonn 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. II. logo: All promotional literature and advertising must display the "The Florida Keys & Key West, Monroe County Tourist Development Council. Come as You Ate". logo/trade mark adopted by the TOC and County on November, 2000 (as per attached). Radio Advertising should read -Brought to you by the Monroe County Tourist Development Councn-. No reimbursement or direct payment will be considered unless this logoltrade mark is utilized. 12. Insurance Requirements: 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 shalf 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 (3D) 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 wiIJ 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. * Fishing Umbrella Funding FY 2008 Ghost Hunt 3 Event Sponsor shan 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 * $100,000.00 Property Damage An Occurrence Form policy Is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months foJlowing the acceptance of work by the County. Recognizing that the work governed by this contract involves the sales and/or distribution of alcoholic beverages. the Contractor's General Liability Insurance policy shall Incfude Liquor Liability with limits equal to those of the basic coverage. A separate Liquor Liability policy is acceptable if the coverage is not more restrictive than the contractor's General Liability policy. 'fi;~;I:r"'I:~~WHER.EOF, each pa!l! has caused thi~f\greement to be executed by Its duly alJttT()rJze<$" representative, the _l q:....- day of Odv~. 2005. (S~)i. ...... ....... ..... Attest:CJ~f'lfIY L,.Kolh&ge, ClerK JJ,~~~, Io/a~ Deputy Clerk (CORPORATE SEAl) Attest: By, Board of County Commissioners of Monroe County ~Lj;,~ >n l~ ayor/Chairm n Secretary OR Witness Fishing Umbrella Funding FY 2006 Ghost Hunt 4 DAY 1 DAY 2 DAY 3 DA'{ 4 WATER. ( u..' .,.yl-;i-( ;j p cL-1( ) f, ~ L.... "'4 t:5 c.' f)T 1<'-, ftA t.. OF WATER / / ( FLORIDA KEYS FISHING TOORNAMENTS. INC. / TOURNAMENT SCHEDULE OF EVENTS ."'"'; FISCAL YFAR 2005-2006 G I/o~;:- Jlu/l/r PRINT TOURNAMENT NAME AM LINES IN PM LINES OUT ~_jf: ec PM EVENING EVENT PM WEIGH-IN OVER PM OTHER EVENT -.J.: C"',-) h'1 LINES IN WATER. -2: 00 PM LINES OUT WATER --k: 3D PM EVENING EVENT --- -S : C;(;. PM WEIGH-IN OVER .__ : _PM OTHER EVENT &'1 LINES IN WATER PM LINES OUT WATER PM EVENING EVENT PM WEIGH-IN OVER ____:_____PM OTHER EVENT ~___ :~AM LINES IN WATER PM LINES OUT WATER PM EVENING EVENT PM WEIGH-IN OVER PM OTHER EVENT EXHIBIT A EXHIBIT B BUDGET BREAKDOWN FLORIDA KEYS FISHING TOURNAMENTS, INC. OCTOBER 1, 2005 TO SEPTEMBER 30, 2006 5th ANNUAL GHOSTHUNT --------~-----------------~-~-----------~-~---------~-~-- APRIL 7-8, 2006 DIRECT MAIL & POSTAGE $ 150.00 BROCHURES, POSTERS, PROGRAMS, PATCHES $ --0-- TROPHIES $ 1,200.00 PHOTO PROGRAM $ 50.00 MEDIA ADVERTISING $ 2,500.00 T-SHIRTS, CAPS, JACKETS $ 1,000.00 *GENERAL NON-ALLOCATED $ 100.00 $ 5,000.00 *GENERAL NON-ALLOCATED IS NOT TO EXCEED 15% OF THE TOURNAMENTS TOTAL BUDGET. *TOURNAMENTS CAN NOT EXCEED MORE THAN 30% OF THE TOTAL Bu~GET IN TROPHY LINE ITEM EXCEPT WHEN TOURNAMENTS GET SPECIAL APPROVAL FROM FKFT, INC. THf [LORIDA Kns & Kn WfST .. 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