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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 ~ - ~ - -----... ~ ~- ~ - --- ADDITIONAL COSTS Estimated Ongoing Costs: $~yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Risk Management ~ r . /"f ec . ~~ f\1YJ O.M.B.iPurchas'ng Changes Needed YesO NoE] YesO NoEJ~ YesD No~ Date Out y:)~ Division Director ~. 't/' ./;tj .Re\(i~y.r~r .......... ~/..... /../t/U,t&L.~&/' ( "" , t ,c~~~c.^~~') {~~.J \..;.~''.1/1 ". I)~ ~ ~. ''<.~if~J.--- t. County Attornev - " 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 ~~L President Print Name ?'" t ~ v-\- f. -;-'r'~ '--- (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 ?-f7-0~ ~ 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 l \ 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 ( 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 ( 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 - 9:00 PM LINES 00'1' OF WATER - . PM EVENING EVENT - . . PM WEIGH-IN OVER - . 3:00 PH OTHER EVENT K:Lct O~~ p~ & Capta.in'. Heetino - - - DAY 2 5:00 PH LINES IN WATER - 9:00 PH LINES OUT WATER - . PH EVENING EVENT - . . PM WEIGH-IN OVER - . : PH OTHER EVENT - 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 - - 8:30 PM LINES OUT WATER - - 9:00_PM EVENING EVENT (Awa.rcI. llazaqu.t:J . - PM WEIGH-IN OVER : PM OTHER EVENT -- ( BUDGET BREAKDOWN FLORIDA KEYS FISHING TOURNAMENTS, INC. OCTOBER I, 2005 TO SEPTEMBER 30, 2006 FARO BLANCO INVITATIONAL TARPON EXHIBIT B --------------------------------------------------------- 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. TU[ [LORfDA KOl&KH WfSl MONRO{ (OOIllY TOO2lSr DfVlI.OMHT colin Come as you arc- ( fUr [LORIDA IUS & Kn WfST MONRO{ (OOIllY fOlI2IST DMl.IJPHfHT (OUNQt Come as you oU'C- fU[ [WRIDA 1000KfYY/.fST HONrof (OOHlY TOURIST IlMlOPHOO (OOfKll. 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