Item E4
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: AUGUST 16, 2006
Division:
TDC
Bulk Item: Yes --X- No
Department:
Staff Contact Person: M~xine Pacini
AGENDA ITEM WORDING:
Approval of an Assignment of Agreement for the 20th Annual Faro Blanco Invitational Tarpon
Tournament on May 20-24,2006 in an amount not to exceed $3,000 from David M. Navarro to
RT.Sales, Inc.
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION:
BOCC approved original agreement at their meeting of October 19, 2005
CONTRACT/AGREEMENT CHANGES:
Amendment to Assign Contract
STAFF RECOMMENDATIONS:
Approval
TOT AL COST: $3,000
BUDGETED: Yes --1L No
COST TO COUNTY: $3.000
SOURCE OF FUNDS:
TDC
REVENUE PRODUCING: Yes.L No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty ~ OMB/Purcha:i,l1g ~ Risk Management ~
DIVISION DIRECTOR APPROVAL: L/>//?~~C~LL_;J
(Lynda S tuan)
DOCUMENTA TION:
Included X
Not Required ~~
DISPOSITION:
AGENDA ITEM #
Revised 2/05
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: 8.1'. Sales, Inc. Contract #
-
Effective Date: 8/16/06
Expiration Date:
Contract Purpose/Description:
Approval of an Assignment of Agreement for the 20th Annual Faro Blanco Invitational
Tarpon Tournament on Mav 20-?4. 2006 in an amount not to exceed $3,000 from David
M. Navarro to RT.Sales. Inc.
Contract Manager: Maxine Pacini 3523 TDC # 3
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 8/16/06 Agenda Deadline 811 /06
CONTRACT COSTS
Total Dollar Value of Contract: $ 3,000
Budgeted? Yesrzl No 0 Account Codes:
Grant: $
County Match: $
Current Year Portion: $ 5,000
115~ 75022~530340- T65F~547X-530380
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ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Risk Management
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O.M.B.iPurchas'ng
Changes
Needed
YesO NoE]
YesO NoEJ~
YesD No~
Date Out
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Division Director ~. 't/'
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County Attornev
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YesU No[~l
S.Grimslev
Comments:
OMB Form Revised 2/27/01 Mep #2
ASSIGNMENT OF AGREEMENT
T.!lis Assignment of Agreement (Assignment) is made and entered into this ;}.,-/..v'L
day of .Ju1-{ 2006, between Monroe County (County), David M. Navarro (Event
Sponsor/ Assignor) and B.T. Sales, Inc. (Assignee).
WHEREAS, a contract was entered into on October 19, 2005, attached hereto,
between County and Event Sponsor/Assignor to use Tourist Development funding for
the promotion of the 20th Annual Faro Blanco Invitational Tarpon Tournament on May
20-24, 2006; and
WHEREAS, Event Sponsor/Assignor is not able to continue to sponsor the
event; and
WHEREAS, Assignee is qualified and has agreed to sponsor and produce the
event;
NOW THEREFORE, the above parties agree as follows:
1 . Assignee B. T. Sales, Inc. shall assume all obligations and responsibilities of
Event Sponsor/Assignor David M. Navarro under the agreement dated October
19,2005.
2. County approves and consents to the assignment of the contract dated October
19,2005, from Assignor to Assignee.
3. All other provisions of the contract dated October 19, 2005, not inconsistent
herewith, 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.
David M. Navarro, Assignor
JJ. III ;t/ efr
,
"
B.T. Sales, Inc. Assignee
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President
Print Name
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(SEAL)
ATTEST: DANNY L KOlHAGE
CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Deputy Clerk
Mayor/Chairman
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
~
;: ,
. SAN M, GRI LEY
ASSIS ANT COUNTY ATTORNEY
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EUNDlNG AGR~eMIWI
THIS AGREEMENT is made and entered into by and between the Board of
County Commissioners of Monroe County, Florida, (heteinafler referred to as the "Counly")
and David M. Navarro (hereinafter referred to 88 "Event Sponsor'");
WHEREAS, the umbrella O<genization under contract to the County has recommended
to the Monroe County Tourist Development CouncIl (hereinafter "TOC"), which has endorsed
the 1'8COInmendalio, the! certain monies be allocated fur promotion of an event;
THEREFORE; in consideration of the mutual ptOmises contained herein, the Parties
agree as follows:
1. County shall pay a sum not to 8XCeed $3,000 (Three Thousand 00I11n) fur
promotion and related 8lCpenditures, as dascnbed In the event budget, aIIached I1erelo as
Exhibit 8, lOr production of the 2cf' Annual Faro Blanco Invitational Tarpon TOUtnament on
May 20-24, 2006. Payment will be mads only after Event Sponsor submits invoices and
8Upport documentation ac:captab/e to the Countys Finance~. The advertising and
PRlmOIion budget lOr County funding may be altered as to the individual Iina items, or
COII1ponents, within 10% of the amount slated lOr !hat item or component, without increaSing
the total dollar amount and without tequirlng a written 8Il1andment to this 8Qreement. The
generat non-aIlocated section of an Umbrella event budget may be utilized for untores--.
permiSsible 8>lpenditures and for Ihosa budget lines !hat may require aclditiona/ funds. Monroe
County's P8lfonnance and obligation to pay under this agreement is contingent upon an
annual appropriation by the County.
2. Event Sponsor shall provida P<<>motion and related services as desaibed in the
Sponsors application for funding, Exhibit A, atlached hereto. All advartising and public
relations services or 8UpeIvision of aclvartising and public relations will be provided I/1rougI1
the COntracIecI 8Q8ncies of the TOC and County. The &gencIes of record, shall r~
payment of wort< in progress upon Sl.ibmiSSion of documentect invoices associaIed wilh said
event. Event sponsor fully understands !hat funding is Obla;necf from tourist development
taxes for which the fiscal year ends September 30, 2006. Event 8ponsor also understands
thai the funding ptOCess I/1rougI1 which this contract was made available by County requires
event sponsors 10 submit fhejr payment requests as quickly as POSSible andlo finalize all such
requests before the and of the fiSCal year, if e! all POSsible. In order for the tourist
development faxes to be utilized most efl'adivefy for the purpose for which they were
authorized. attracIing and P<<>moting tourism, the budgeting /ll"OCess of the County requires
the evanfs funding to be concluded in a timely manner. In r8COgnj1ion !hat the timeliness of
payment rElQUests is of 8ldreme importance lo the funding of fulunt aclvartising and Promotion
for the slability of !he tourisl-basecl economy, Event Sponsor asrees fo SUbmit by September
30, 2006, ail invoices and support documentation as required by the County's Finance
~ rules and policies. Event Sponsor shall not be reimbursed nor will Event
SJlOIlSor's vendors be paid directly for any illVOices receiVed by lha County after Saptember
30, 2006, exceptlhat for events with promotional expancfilures incurred between July 1 and
Fishing UmtxeIl8 Funding FY 200tJ
zd^ Annual F8fO Blanco /nvtational Tarpon Tournament
I
September 30. 2006. invoices must be submitted within ninety (90) days of the conclusion 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 authonty to inform, counsel, or otherwise indicate that any
particular individual or group of individuals. entity or entities. have entitfements 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 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 shaU 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 shaH 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,
Artide XXI.
9. Event Sponsor warrants that heJshelit 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. 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 tenninate 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.
Fishing Umbrella Funding FY 2008
2d" Annual Faro Blanco Invitational Tarpon Tournament
2
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10. 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 Jeases of rea'
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 llJ<<:8SS 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
11. loaq: All promotional literature and advertising must display the '-The florida
Keys & Key West, Monroe County Tourist Development Council. Co.... .. You Ant~
Iogo/lTade mark adopted by the TOe and County on November, 2000 (as per attached).
Radio Advertising should read -Brought to you by the Monroe County Tourist Development
COUncil.. No reimbursement or direct payment win be considered unless this logo/trade mark
is utilized.
12. Insurance Reauirement,: Event Sponsor. as a pre-requisite of the Special Event
governed by this agreement. shalf obtain. at its own expense. insurance as spedfied in this
section.
Event Sponsor will not be permitted to commence work aSSOCiated with the Event
(including pre.staging of jlElrSOOnej and material) until satisfactory avidanca 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. Faifure to comply with this. provision may result in the
immedlata suspension of the Event until the required insurance has been reinstatad or replaced.
Event Sponsor shall provide, to the County, as satisfactory evidenca 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 sharf be filed with the
Clerk of the BOCC prior to the Event.
All insurance policies must specify that !hey ara not subject to cancellalion, nort-renewa/.
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 will be
inclUded as "Additional Insurea- on all policies.
Any deviations from these General Insurance Raquirements must be requested in writing
on the County form tilled "Request for Waiver of Insurance Requirements" and must be approved
by Monroe County Risk Management
Fishing Umbroll8 Funding FY 2006
2(/h Annual Faro BI8noo Invitational Tarpon TOIlfniJment
3
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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 shalf obtain
General liabifity Insurance. Coverage shall be maintained through out the life of the contract and
indude, as a minimum:
.. Premises Operations
.. Products and Completed Operations
· Blanket contractual liability
.. Personal Injury liability
.. Expandect 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 shaU be:
.. $500,000.00 per person
.. $1,000,000.00 per Occurrence
.. $100,000.00 Property Damage
An 0ccuITence Form policy is preferred. If coverage is provided on a Claims Made
policy, its provisions should include coverage for claims filed on or after the effective date of this
contract. In addition, the period for which claims may be reported should extend for a minimum of
twelve (12) months following the acceptance of work by the County.
Recognizing that the work governed by this contract involves the sales and/or distribution of
alcoholic beverages, the Contractor's General Liability Insurance policy shall include liquor
liability with limits equal to those of the basic coverage.
A separate liquor liability policy is acceptable if the coverage is not more restrictive than
the contractors General liability policy.
I"'~ITNE$S WHE~EOF, each PClrtv has caused this -Nlreement to be executed by its
duly authQrlzed representatIve. the 1't'B.-- day of 6e::iz:;ilir-.2oo5.
(SEAL)
Atte~ OannY L. Kofhage. Clerk
J:b.....o.U c. /JJvd~
Deputy Clerk ./
Board of County Commissioners
of Monroe COUnty
,~/; .>n lii:.'~<1
Mayor/Chai an
David M. Navarro
By.
Witness
By
tI tit ?/-~
David M. Navarro
.;;:..<
Witness
Fif#1Jng UmbreUa Funding FY 2008
2fih Annual Faro Blanco Invitational Tarpon TOutnament
4
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FLORIDA KEyS FISHING TOURNAMENTS, INe.,
TOURNAMENT SCHEDULE OF EVENTS
FISCAL YEAR 2005-2006
EXHIBIT A
20~ Annual Faro Blanco Invitational Tarpon Tournament
PRINT TOURNAM:ENT NAME
DAY 1 5:00 PM LINES IN WATER
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9:00 PM LINES 00'1' OF WATER
-
. PM EVENING EVENT
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. PM WEIGH-IN OVER
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3:00 PH OTHER EVENT K:Lct O~~ p~ & Capta.in'. Heetino
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DAY 2 5:00 PH LINES IN WATER
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9:00 PH LINES OUT WATER
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. PH EVENING EVENT
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. PM WEIGH-IN OVER
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: PH OTHER EVENT
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DAY 3
(Day O~I Lor c:l.tar.tt,y ;.u:t:y boae: ~1.-AJ.z1.g t:z:1p)
.
.
-
PM LINES 00'1' WATER
.
-
PM EVENING EVENT
.
.
-
PH WEIGH-IN OVER
.
.
-
PM OTHER EVENT
DAY 4
4:30 PM LINES IN WATER
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8:30 PM LINES OUT WATER
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9:00_PM EVENING EVENT (Awa.rcI. llazaqu.t:J
.
-
PM WEIGH-IN OVER
: PM OTHER EVENT
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BUDGET BREAKDOWN
FLORIDA KEYS FISHING TOURNAMENTS, INC.
OCTOBER I, 2005 TO SEPTEMBER 30, 2006
FARO BLANCO INVITATIONAL TARPON
EXHIBIT B
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MAY 20-24, 2006
Dr REeT MAIL & POSTAGE $ --0--
BROCHURES, POSTERS,
PROGRAMS, PATCHES $ --0--
TROPHIES $ 900.00
PHOTO PROGRAM $ --0--
MEDIA ADVERTISING $ --0--
T-SHIRTS, CAPS, JACKETS $ 1,650.00
*GENERAL NON-ALLOCATED $ 450.00
-----------
$ 3,000.00
*GENERAL NON-ALLOCATED IS NOT TO EXCEED 15% OF THE
TOURNAMENTS TOTAL BUDGET.
*TOURNAMENTS CAN NOT EXCEED MORE THAN 30% OF THE
TOTAL BODGET IN TROPHY LINE ITEM EXCEPT WHEN
TOURNAMENTS GET SPECIAL APPROVAL FROM FKFT, INC.
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