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Item D3 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: MAY 1 7. 2006 Division: TDC Bulk Item: Yes ~ No Department: Staff Contact Person: Maxine P.cini AGENDA ITEM WORDING: Approval of an Amendment to Agreement with Key West Fishing Tournament, Inc. to rev'se dates of Agreement ITEM BACKGROUND: PREVIOUS RELEVANT BOCC ACTION: BOCC approved original agreement at their meeting of October 19, 2005. CONTRACT/AGREEMENT CHANGES: Amendment to revise dates STAFF RECOMMENDATIONS: Approval TOTAL COST: $43.000 BUDGETED: Yes X No COST TO COUNTY: $43.000 SOURCE OF FUNDS: TDC REVENUE PRODUCING: Yes -1L No AMOUNT PER MONTH_ Year APPROVED BY: County Atty.l.L..... OMB/Purchasing--K- Risk Management ~ DIVISION DIRECTOR APPROVAL: (Lynda Stuart) i.-/ DOCUMENTATION: Included X Not Required_ DISPOSITION: AtiENDA ITEM # Revised 2/05 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRl\CT SUMMARY Contract with: Key West Fishing Tournament Contract Inc. Effective Date: 5/1 7/06 Expiration Date: Contract Purpose/Description: Approval of an Amendment to AQ:reement with Key West Fishing Tournament, Inc. to revise dates of Agreement. Contract Manager: Maxine Pacini 3523 TDC # 3 (Name) (ExL) (Department/Stop #) for BOCC meeting on 5/17/06 Agenda Deadline 5/2/06 CONTRACT COSTS Total Dollar Value of Contract: $ 43,000 Budgeted? Yes~ No 0 Account Codes Grant: $ County Match: $ Current Year Portion: $ 115-75022-530340- T65F-056-X-530480 115-75022-530340- T65F-056-X-53041 0 - - .-....-.-...-.. ~ - ----.-...-....- ADDITIONAL COSTS Estimated Ongoing Costs: $-!yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) - - --- CONTR.A.CT REVIEW Division Director Changes ~) Needed ~ ~~ YesO No~___~=_~ YesD NoGr ~Iv!t YesONoD ~n 4-I.LA~ ycc'sD No~ S' i:..r:.,.....~......... ~ ...... -'- L:J "" p-,^...::.-; ~-~"--;::~_ ,.c Date Out Risk Management ~~. a, O.M.B.lPurchasing '/7~ County Attorney .. I 14 ~ ,,,,{$:tv Comments: OMB Form Revised 2/27/0 1 Mer #2 AMENDMENT TO AGREEMENT THIS AMENDMENT to agreement dated the day of 2006, is entered into by and between the Board of County Commissioners for Monroe County, on behalf of the Tourist Development Council, and Key West Fishing Tournament, Inc. WHEREAS, a contract was entered into on October 19, 2005, between the parties, awarding $43,000 to Key West Fishing Tournament, rnc. covering the production of the Key West Fishing Tournament between March 2006 and November 2006; and WHERAS, it has become necessary to revise the dates of the Agreement to allow payment of invoices for expenditures relating to the December 2005 awards ceremony; 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 is amended to provide that the County shall pay a sum not to exceed $43,000 (Forty Three Thousand Dollars) for the promotion and related expenditures for the production of the Key West Fishing Tournament between December 2005 (2005 Tournament awards ceremony) and November 2006. 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: Key West Fishing Tournament, Inc. ~~uJcD~ President (SEAL) ATTEST: DANNYL.KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Deputy Clerk Mayor/Chairman MONROE COUNTY ATTORNEY APPROVE AS ,FORM: SUSAN M. RIMSLEY ASSISTANT CO TY ATTORNEY . t..;~in~r.<.o FYNDINc,; AGREEp,tENT THIS AGREEMENT is made ~ entered into by and between the Board of County Commissioners of Monroe County, Florida, (hereinafter referred to as the "Coun~) and Key West Fishing Tournament, Inc. (hereinafter referred to as "Event Sponso('); WHEREAS, the umbrella organization under contract to the County has recommended to the Monroe County Tourist Development Council (hereinafter "TOe.), 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 $43.000 (Forty Three Thousand Dollars) for promotion and related expenditures, as desaibed in the event budget. attached hereto as Exhibit B. for production of the Key West Fishing Tournament between March 2006 and November 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 nne items, or components, within 10% of the amount stated for that item or component, without inaeasing 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 pennissible 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 desaibed in the Sponsor's application for funding. Exhibit ^ attached hereto. All advertising and public relations services or supervision of advertising and public relations will be provided through the contracted agencies of the TOC 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 avent 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, 2006, 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, 2006, except that for events with promotional expenditures incurred between July 1 and Fishing Umbrella Funding FY 2006 Key West Fishing Tournament September 30, 2006, invoices must be submitted within ninety (90) days of the condusion of the event. 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, 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 attorneys fees) which arise out of. in connection with, or by reason of the services provided, event sponsored, or other activities and funding assodated 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 heJsheJit has not employed. retained or othelWise had act on his/her/its behalf any fanner 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 fuU amount of any fee. commission, percentage, gift, or consideration paid to the former or present County officer or employee. Fishing UmbreHa Funding FY 2006 Key West Fishing Tournament 2 10. A person or affiliate who has been placed on the convided 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 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 convided vendor list 1 L Loao: AU promotional literature and advertising must display the "The Florida Keys & Key West, Monroe County Tourist Development Council, Come as You AI8-, logoItrade 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 Councir. 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 (incJuding pre-staging of personnel and material) until satisfactory evidence of the required insurance has been fumished 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 aU 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 win be included as "Additional Insure<:r on aU 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 Umbre/Ja Funding FY 2006 Key west Fishing Toumsment .. 3 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 Fonn 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 daims may be reported should extend for a minimum of 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 Contrador's General Liability Insurance policy shall include liquor liability with limits equal to those of the basic coverage. A separate liquor liability policy is acceptable if the coverage is not more restridive than the contractor's General liability policy. . ......'...N..,:~'.T..........:.N..E.S.. S WHER,EOF, each pa~has causeq tI'\i~ment to be executed by its dul~~ythOt'~z~representatlve, the \ q,. - day of Oc1lJ I 2005. ("s~):.. . ."" hitteS,t p.nny L. Kolhage, Clerk Y1{,jil ~- LQyf~ Deputy Clerk Board of County Commissioners of Monroe County ~)~ >n t j.uA4V Mayor/Chairman (CORPORATE SEAl) Attest By. B ment. Inc. Secretary OR Witness MONROE COUNTY ATTORNEY ~EDA~ ~~ ON Oat. ASSISTA~~l%YORNeY Fishing Umbrella Funding FY 2006 Key West Fishing Tournament 4 ------. FLORIDA KEYS F.lSBJNG TOURNAMENTs. JN~ TOURNAMENT SC'REDULE 011 EVENTs FISCAL YEAR 2005-2* EXHIBIT A Key West Fishing Tournament. Inc. PRINT TOlJItNAMENT NAME · · eI(ICKO.F'P e . e DAY 1 N/A AM LINES IN WATER. N1A PM LINES OUT OF W AlER 6:00 - 8:00 PM EVENlNG EVBNT Tournament ~ N1A PM WEIGH-IN OVER NJA PM OmER. EVBNT DAY 2 8 30 AM LINES INW ATER 3 00 PM LINES OUT OF WATER. N/A PM EVENING EVENT S 30 PM WEIGH-lN OVER. N1A PM OTHER EVENT DAY 3 8 30 AM LlNES IN WATER. 3 00 PM LINES OUT OF WATER 7;30 - 9:00 PM EVENING EVBNT Awards Ceremony 5 30 PM WEIGH-IN OVER N/A PM OTIfER EVEl-IT DAY 4 NlA AM LINES IN WATER N1A PM LINES OUT OF WATER. N/A PM EVENING EVENT N1A PM WEIGH-IN OVER N/A PM OTI-IER EVENT FLORIDA KEYS .FISHING TOURNAMENTs, INC-. TOURNAMENT SCH,EDULI: 01' EVENTs FISCAL \"EAR 2005-2006 EXHIBIT A Key West FIShing Tournament. Inc. PRINT TOURNAMENT NAMB · · · TEAM FLATS SLAM TOt1RNAMENT. . . DAY 1 N/A . AM LINES IN WATER . N/A . PM LINES OUT OF WATER. ~..,H. . 3:00 - 5:00 PM EVENING EVENT Tournament R.eaistration .. . N1A PM WEIGH-IN OVER N1A PM OTHER EVENT DAY 2 7 00 AM LINES IN WATER 2 00 PM LINES our OF WATER. N1A PM EVENING EVENT 4 00 PM WEIGH-IN OVER N1A PM OTHER EVENT DAY 3 7 00 AM LINES IN WATER 2 00 PM LINES OUT OF WATER 4:00 - 6:00 PM EVENING EVENT Awards Ceremony 4 00 PM WEIGH-mOVER N/A PM OTHER EVENT DAY 4 N/A AM LINES IN WATER N1A PM LINES OUT OF WATER. N/A PM EVENING EVENT N/A PM WEIGH-IN OVER N/A PM OTHER EVENT ( FLORIDA KEYS .FISHING TOURNAMENTs.INCo. TOURNAMENT SCH.:lJULE 01' EVENTS FISCAL YI:AJl2005-2OM EXHIBIT A Key West Fishing Tournament. Inc. PRINT TOURNAMENT NAME · · · SOVTJIERNMOST SWORDftSH TOURNAMENT. . . DAYt a 00 PM LINES IN WATER. N1A AM LINES our OF WAlER. 4:00 .. 7:00 PM EVENING EVENT TOW'IJamcat ~ ;" .. N/A AM WEIGH-IN OVER N/A AM O1HERBVENT. DAY 2 N1A AM LJNES IN WATER S 00 AM LINE'S our OF WATER N1A PM EVENING EVENT 7 00 AM WEIaH..JN oVER. 7 00 AM 01HER EVENT Awards Cen:monv DAY 3 N/A AM LlNES IN WATER N1A PM LlNES our OF WAlER. N1A PM EVENING EVENT N/A PM WEIGH.IN OVER. N/A PM 01HER EVENT DAY 4 N1A AM LINFS IN WATER. N1A PM LINES our OF WATER NlA PM EVENING EVENT N/A PM WEIGH-IN OVER. N/A PM OTHER EVENT IN TIlE EVENT mERE ARE UNFAVORABLE WEATHER CONDmONS ON JUNE 10TH &; II nr TIm TOURNAMENT WILL TAKB PLACE JUNE lim &; IS11l. . "______ __n FLORlDA KEYS PlSBlNG TOVRN~ lNe. TOURNAMENT SClmuVLE OJ' EVENTs PlSCAL YEAR 2005-200ft Key West FIShing TOUl"Dan'lent. Inc. PRINT TOURNAMENT NAMa · · · SOUTBERNMOST SWORDJ'ISB TOURNAMENT. . . DAY 1 8 00 PM LINES IN WATER. N1A AM LINES our OF WATER 4:00 . 1:00 PM EVENING EVENT T~~ ...c ~ NlA AM WElOH-IN OVER. N1A AM OTHER. EVENT DAY 2 NlA AM LINES IN WATER 5 00 AM LINES OIn' OF WATER NlA PM EVENING EVENT 7 00 AM WEIGH..}N OVER. 7 . . 00 AM O1HER.EVENT Awards ~y DAY 3 NlA AM LINES IN WATER NlA PM IJNES our OF WATER NlA PM EVENING EVENT N1A PM WEIGH-IN OVER N/A PM 0'nIER. EVENT DAY 4 NlA AM LINFS IN WATER NlA PM lJ.NES our OF WATER N1A PM BVENINo EVENT N/A PM WEIGH-IN OVER NlA PM 0nJER. EVENT IN THE EVENT THERE AltI! UNF A VORABU! WEAlHER CONDmONS ON JUNE 10'" &: II "', THE TOURNAMENT WIlL TAKE PLACE JUNE 17TH & IBTH. BUDGET BREAKDOWN FLORIDA KEYS FISHING TOURNAMENTS, INC. OCTOBER I, 2005 TO SEPTEMBER 30, 2006 KEY WEST FISHING TOURNAMENT EXHIBIT B --------------------------------------------------------- MARCH II-NOV. 30, 2006 KICKOFF: MARCH 11-12, 2006 SWORDFISH: JUNE 10-11, 2006 SLAM: JULY 1-2, 2006 DIRECT MAIL & POSTAGE $ 9,000.00 BROCHURES, POSTERS, PROGRAMS, PATCHES $ 7,975.00 TROPHIES $12,000.00 PHOTO PROGRAM $ 500.00 MEDIA ADVERTISING $ 5,500.00 T-SHIRTS, CAPS, JACKETS $ 5,000.00 "'GENERAL NON-ALLOCATED $ 3,025.00 $43,000.00 *GENERAL NON-ALLOCATED IS NOT TO EXCEED 15\ OF THE TOURNAMENTS TOTAL BUDGET. *TOIJRNAMENTS CAN NOT EXCEED MORE THAN 30t OF THE TOTAL BUDGET IN TROPHY LINE ITEM EXCEPT WHEN TOURNAMENTS GET SPECIAL APPROVAL FROM FKFT, INC. .. . Z TIlJLORIDA Ins &KfY WfST HOMR(I (OIlll1YtooIST DMl.lJPKJf (OIHKJl Come. u you 14C. TII{ nORIDA Ins & IfYWfST HOtI(l (0tltflY TOUIST IIOO.OPHOO' COOIKl Come U you Me. 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