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FY2004 10/15/2003DANNY L. KOLHA GE CLERK OF THE CIRCUIT COURT DATE: October 23, 2003 TO: Lynda Stuart, Office Manager Tourist Development Council ATTN. • Maxine Pacini Administrative Assistant FROM. • Pamela G. Hang�f Deputy Clerk ll At the October 15, 2003, Board of County Commissioner's Meeting the Board granted approval of the following Fishing Umbrella Event Agreements for FY 2004 totaling $274,650: Ladies, Let's Go Fishing, October 19, 2003, in the amount of $2,500; APBA Offshore Worlds Billfish Tournament, November 19-21, 2003, in the amount of $4,350; Islamorada Sailfish Tournament, December 4-7, 2003, in the amount of $7,000; Islamorada Junior Sailfish Tournament, December 12-14, 2003, in the amount of $2,000; Don Gurgiolo Sailfish Classic, December 17-19, 2003, in the amount of $3,500; Key Largo Sailfish Challenge, January 2-4, 2004, in the amount of $5,000; John Muscarello Kingfish Tournament, January 9-11, 2004, in the amount of $1,000; 19th Holiday Isle Sailfish Tournament, January 9-11, 2004, in the amount of $3,500; Hog's Breath King Mackerel Tournament, January 23-25, 2004, in the amount of $12,000; Islamorada Women's Sailfish Tournament, February 6-8, 2004, in the amount of $2,500; Capt. Leon Shell Memorial Billfish, February 20-21, 2004, in the amount of $6,000; Del Brown Permit Tournament, March 9-12, 2004, in the amount of 2,500; Islamorada All Tackle Spring Bonefish, March 16-19, 2004, in the amount of $2,000; Key West Fishing. Tournament, April - November 2004, in the amoutn of $45,000; Ghost Hunt, April 3-4, 2004, in the amount of $4,000; World Sailfish Championship, April 13-17, 2004, in the amount of $35,000; Key Largo Dolphin Tournament, April 23-25, 2004, in the amount of $5,350; Shell Key West Classic, April 28 - May 1, 2004, in the amount of $20,000; and Ocean Reef BTU Backbone Classic, December 2-4, 2003, in the amount of $4,000. Enclosed are two duplicate originals of each of the above mentioned for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Administrator w/o documents County Attorney Finance File ✓ FUNDING AGREEMENT 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 Key West Fishing Tournament, Inc. (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 $45,000 (Forty Five Thousand Dollars) for promotion and related expenditures, as described in the event budget, attached hereto as Exhibit B, for production of the Key West Fishing Tournament taking place between April 2004 through November 2004. 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, 2004. 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 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, 2004, 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, 2004, except that for events with promotional expenditures incurred between July 1 and September 30, 2004, invoices must be submitted within ninety (90) days of the conclusion of the event. Key West Fishing Tournament Fishing Umbrella Funding FY 2004 3. 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. 4. 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 Liquor Liability insurance policy naming Monroe County as a co-insured. 5. 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. 6. 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. 7. 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. 8. Event Sponsor warrants that he/she/it has not employed, retained or otherwise had act on his/her/its 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. 9. 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, 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. 10. Logo: All promotional literature and advertising must display the "The Florida Keys & Key West, Monroe County Tourist Development Council, Come as You Are'; logo/trade mark adopted by the TDC and County on November, 2000 (as per attached). No reimbursement or direct payment will be considered unless this logo/trade mark is utilized. Key West Fishing Tournament Fishing Umbrella Funding FY 2004 2 11. 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 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 Sponsors 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 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 following the acceptance of work by the County. Key West Fishing Tournament Fishing Umbrella Funding FY 2004 3 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 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 restrictive than the contractor's General Liability policy. IN WITNESS WHEREOF, each party Pas caused this Agreement to be executed by its duly authorized representative, the day of i�C / , 2003. (SEAL) Attest: Danny L. Kolhage, Clerk De uty Clerk (CORPORATE SEAL) Attest: : OR Secretary Witness Key West Fishing Tournament Fishing Umbrella Funding FY 2004 Board of County Commissioners of Monroe County B B -e Mayor/Chairman Key West Fishing Tournament, Inc. APPROVED AS To FORM 44D,Al. SUFFi iE 'ZA� J``v 3 c 'q v i 'p o r= r n C, C7 MX-< tU c-�• r W Gnu X.CD -•f c� �" � 70 tr1 -n c, : 4 DAY I DAY 2 DAY 3 t DAY 4 FLC�—TDA KEYS FISHING TOURNAW 'S, INC., JURNAMENT SCHEDULE OF EVt,1-tTS FISCAL YEAR 2003-2004 EXHIBIT A Key West Fishing Tournament, Inc PkM TOURNAMENT NAME _ • • KICKOFF • • N/A : AM LINES IN WATER N/A PM 6:00 8:00 PM N/A PM N/A PM 8 : 30 AM 3 : 00 PM N/A : PM 5 30 PM N/A - PM 8 30 AM 3 00 PM 7:30 - 9:00 PM 5 30 PM N/A : PM N/A AM N/A PM N/A PM NIA PM N/A PM LINES OUT OF WATER EVENING EVENT Tournament Registration WEIGH-IN OVER OTHER EVENT LINES IN WATER LINES OUT OF WATER EVENING EVENT WEIGH-IN OVER OTHER EVENT LINES IN WATER LINES OUT OF WATER EVENING EVENT Awards Ceremony WEIGH-IN OVER OTHER EVENT LINES IN WATER LINES OUT OF WATER EVENING EVENT WEIGH-IN OVER OTHER EVENT FLe--TDA KEYS FISHING TOURNAMF 'S, INC., JURNAMENT SCHEDULE OF EVt i4TS FISCAL YEAR 2003-2004 Key West Fishing Tournament, Inc. PRINT TOURNAMENT NAME • • • SLAM TOURNAMENT • • • DAY 1 8 00 AM LINES IN WATER 2 00 PM LINES OUT OF WATER N/A PM EVENING EVENT 4 00 PM WEIGH-IN OVER N/A PM OTHER EVENT DAY 2 8 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-IN OVER N/A - PM OTHER EVENT DAY 3 N/A AM LINES IN WATER N/A PM LINES OUT OF WATER N/A - PM EVENING EVENT N/A PM WEIGH-IN OVER N/A PM OTHER EVENT DAY 4 N/A AM LINES IN WATER NIA PM LINES OUT OF WATER N/A PM EVENING EVENT N/A PM WEIGH-IN OVER N/A PM OTHER EVENT FLO"TDA KEYS FISHING TOURNAMF" 'S, INC., JURNAMENT SCHEDULIE OF EVr..t-fTS FISCAL YEAR 2003--2004 Key West Fishing Tournament, Inc PRINT TOURNAMENT NAME • • • SUMMER SWORDFISH TOURNAMENT • • • DAY 1 9 00 PM LINES IN WATER 6 00 AM LINES OUT OF WATER 7 00 AM MORNING EVENT Awards Ceremony 7 00 AM WEIGH-IN OVER N/A PM OTHER EVENT DAY 2 N/A AM LINES IN WATER N/A PM LINES OUT OF WATER N/A PM EVENING EVENT N/A PM WEIGH-INOVER N/A - PM OTHER EVENT DAY 3 N/A AM LINES IN WATER N/A PM LINES OUT OF WATER N/A - PM EVENING EVENT N/A PM WEIGH-IN OVER N/A PM OTHER EVENT DAY 4 N/A AM LINES IN WATER N/A PM LINES OUT OF WATER N/A PM EVENING EVENT N/A PM WEIGH-IN OVER N/A PM OTHER EVENT EXHIBIT B BUDGET BREAKDOWN FLORIDA KEYS FISHING TOURNAMENTS, INC. OCTOBER 1, 2003 TO SEPTEMBER 30, 2004 KEY WEST FISHING TOURNAMENT ----------------------------------------------------- APRIL 24-NOV. 30, 2004 KICKOFF: APRIL 24-26, 2004 SWORDFISH: AUG. 7-8, 2004 SLAM: AUG. 21 &22, 2004 DIRECT MAIL & POSTAGE $ 9,000.00 BROCHURES, POSTERS, PROGRAMS, PATCHES $ 8,500.00 TROPHIES $13,000.00 PHOTO PROGRAM $ 500.00 MEDIA ADVERTISING $ 5,500.00 T-SHIRTS, CAPS, JACKETS $ 5,000.00 *GENERAL NON -ALLOCATED $ 3,500.00 $45,000.00 *GENERAL NON -ALLOCATED IS NOT TO EXCEED 15% OF THE TOURNAMENTS TOTAL BUDGET. *TOURNAMENTS CAN NOT EXCEED MORE THAN 30% OF THE TOTAL BUDGET IN TROPHY LINE ITEM EXCEPT WHEN TOURNAMENTS GET SPECIAL APPROVAL FROM FKFT, INC. 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Contractor: Contract for: Services Address of Contractor: /O TDC Att: Maxine Phone: 305-296-1552 Scope of Work: Advertising & Promotion , Reason for Waiver. Providing funds to promote event only minimal exposure to county Policies Waiver Will apply to: See Attached Signature of Contractor. Risk Management: Date: County Administrator Appeal: Approved Not Approved Date: Board of County Commissioners Appeal: Approved Not Approved Meeting Date: Administration Instruction #4709.2