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
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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.
TI#L LOUR KLYS � KLY WLST TOL �LORIDA KLYS & KLY WLST TOE FLORIDA KLYS & KLY WLST
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MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
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TOL rLORIDA KLYS & KLY WEST
MONROE COUNTYTOURIST DEVELOPMENT COUNCIL
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MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
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MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
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MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
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MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
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MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
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MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
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MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
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TOL WoRIDA KLYS & KLY WLST
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
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MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
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MONROE COUNTY TOURIST DEVELOPMENT COUNCIL MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
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MONROL COUNTY TOURIST DEVELOPMENT COUNCIL
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MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
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MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
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MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
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MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
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MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
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MCTG-3125 New Logo Slick L01
1996 Edition
MONROE COUNTY, FLORIDA
Request For Waiver
of
Insurance Requirements
It is requested that the insurance requirements, as specified in the County's Schedule of Insurance
Requirements, be waived or modified on the following contract.
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