Item D07
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
/
Meeting Date: AUGUST 19,2009
Division:
TDC
/
Bulk Item: Yes --L- No
Department:
Staff Contact Person/Phone #:Maxine Pacini - 206-1552
AGENDA ITEM WORDING:
Approval of an Agreement with Florida Keys Fishing Tournaments, Inc. to act as a County Wide
Fishing Umbrella. ,/
ITEM BACKGROUND:
TDC approved same at their meeting of July 28, 2009
/
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
New Contract
v
ST AFF RECOMMENDATIONS:
Approval
TOTAL COST: $695,800 / INDIRECT COST: N/A
BUDGETED: Yes X No
COST TO COUNTY: $695,800 SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes ~ No AMOUNT PER MONTH_ Year
APPROVED BY: County Atty -L ~/Purchasing ~ Risk Management X
DOCUMENT ATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 1/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Florida Keys Fishing / Contract #_ TDC #: 638
Tournaments, Inc. Effective Date: 10/1 /09 /
Expiration Date: 9/30/12
Contract Purpose/Description:
Approval of an Agreement with Florida Keys Fishing Tournaments, Inc. to act as a
County Wide Fishing Umbrella.
/
Contract Manager: Maxine Pacini 3523 TDC # 3
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 8/19/09 I Agenda Deadline 8/4/09
CONTRACT COSTS
/
Total Dollar Value of Contract: $ 695,800 Current Year Portion: $
Budgeted? Yes[gl No D Account Codes: See Attached
Grant: $
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $--1yr For:
(N ot included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc,)
CONTRACT REVIEW
Date Out
County Attorney
C.Hall
Comments:
OMB Form Revised 2/27/01 Mep #2
../ -530340 / TF05238X J
115 75022 / 530340 FISHING UMBRELLA RESOURCES
115 75022 530340 TF05056X 530480 KEY WEST FISHING TOURNEY
115 75022 530340 TF05056X 530410 KEY WEST FISHING TOURNEY
115 75022 530340 TF95056Y 530480 KEY WEST FISHING TOURNEY 2009
115 75022 530340 TF05056Y 530410 KEY WEST FISHING TOURNEY 3/10 -1/19/2008
115 75022 530340 TF05056X 530480 lOWER KEYS & KW FISHING
115 75022 530340 TF05056X 530410 lOWER KEYS & KW FISHING
115 75022 530340 TF05059X 530480 KEY WEST CLASSIC
115 75022 530340 TF05059X 530410 KEY WEST CLASSIC
115 75022 530340 TF05061Y 530480 lPI GRAND SLAM 8/14-15/2008
115 75022 530340 TF05061Y 530480 lPI GRAND SLAM 8/15-17/2006
115 75022 530340 TF05061Y 530480 lPI GRAND SLAM 8/14-16/2007
115 75022 530340 TF05062X 530480 HI SAilFISH TOURNEY
115 75022 530340 TF05063Y 530480 HI DOLPHIN TOURNEY 7f7-9/2006
115 75022 530340 TF05063X 530480 HI DOLPHIN TOURNEY
115 75022 530340 TF05064Y 530480 KW GATOR CLUB DOLPHIN 6/220-22/2008
115 75022 530340 TF05064X 530480 KW GATOR CLUB DOLPHIN
115 75022 530480 TF05204X 530480 GENERIC FISHING PR
115 75022 530340 TF05066X 530480 FISHING TRADE SHOWS
115 75022 530340 TF05239X 530340 GENERIC FISHING ADS
115 75022 530340 TF05239X 530470 GENERIC FISHING ADS
115 75022 530340 TF05070X 530340 KEYS WIDE PHOTO PROGRAM
115 75022 530340 TF05075X 530480 COCONUTS DOLPHIN TOURNEY
115 75022 530340 TF05075X 530410 COCONUTS DOLPHIN TOURNEY
115 75022 530340 TF05076Y 530480 S,lAM.9f7-9/2007
115 75022 530340 TF05076Y 530480 SLA.M.9/5-7/2008 (MERCURY REDBONE CELEB)
115 75022 530340 TF05077X 530480 MERCURY REDBONE
115 75022 530340 TF05077X 530410 MERCURY REDBONE 11f7-9, 2008
115 75022 530340 TF05077Y 530480 MERCURY REDBONE 11/2-712007
115 75022 530340 TF05078X 530480 WOMENS INVITATIONAL TARPON
115 75022 530340 TF05079X 530480 BP & lOWER KEYS DOLPHIN TOURNEY
115 75022 530340 TF05079X 530410 BP & lOWER KEYS DOLPHIN TOURNEY
115 75022 530340 TF95080Y 530480 BAYBONE 10/3-5,2008
115 75022 530340 TF05080X 530480 2010 BAYBONE CELEBRITY TOURNAMENT
115 75022 530340 TF05080X 530480 BAYBONE
115 75022 530340 TF05080X 530480 BAYBONE
115 75022 530340 TF05089X 530480 ISLA, JR. SAilFISH TOURNEY
115 75022 530340 TF05089X 530410 ISLA. JR, SAilFISH TOURNEY
115 75022 530340 TF05252X 530480 MINI MET TOURNAMENT
115 75022 530340 TF05252X 530410 MINI MET TOURNAMENT
115 75022 530340 TF95253Y 530480 MERCURY SLAM CELEBRITY TOURNY 9/11-13, 2009
115 75022 530340 TF05253X 530480 MERCURY SLAM CELEBRITY TOURNY
115 75022 530340 TF05254X 530480 HOGS BREATH KINGFISH TOURN 1/23-25,2009
115 75022 530340 TF05254X 530410 HOGS BREATH KINGFISH TOURN
115 75022 530340 TF05256X 530480 DON HAWlEYTARPON
115 75022 530340 TF05257X 530340 HABITAT FOR HUMANITY
115 75022 530340 TF05258X 530480 ISLA, SAilFISH TOURNAMENT
115 75022 530340 TF05258X 530480 ISLA. SAilFISH TOURNAMENT 12/4-7, 2008
115 75022 530340 TF05258X 530410 ISLA. SAilFISH TOURNAMENT 11/30-12/3/2006
115 75022 530340 TF05259X 530480 GOLD CUP TARPON TOURNAMENT
115 75022 530340 TF05260X 530480 ISLA, WOMEN'S SAilFISH TOURNAMENT
115 75022 530340 TF05260X 530410 ISLA. WOMEN'S SAilFISH TOURNAMENT
115 75022 530340 TF05261X 530480 ISLA. SPRING BONEFISH TOURN
115 75022 530340 TF05262X 530480 GOLDEN FLY TARPON
115 75022 530340 TF05263Y 530480 ISLA, All TACKLE BONEFISH TOURN 10/7-12/2007
115 75022 530340 TF05263X 530410 ISLAMORADA All TACKLE BONEFISH
115 75022 530340 TF95263Y 530480 ISLA, All TACKLE BONEFISH TOURN 10/4-9,2009
115 75022 530340 TF05263X 530410 ISLA. All TACKLE BONEFISH TOURN
115 75022 530340 TF05298X 530480 GOLDEN FLY INVITATION TARPON
115 75022 530340 TF05299X 530480 ISLANDS OF MARATHON
115 75022 530340 TF05299X 530410 ISLANDS OF MARATHON
115 75022 530340 TF05300X 530480 CANCER FOUND, DOLPHIN
115 75022 530340 TF05301X 530480 KEY LARGO SAilFISH CHAllENGE
115 75022 530340 TF05301X 530410 KEY LARGO SAilFISH CHAllENGE
115 75022 530340 TF95302Y 530480 KEY WEST MARLIN TOURN 7/15-18,2009
115 75022 530340 TF05302X 530480 KEY WEST MARLIN TOURN
115 75022 530340 TF05302Y 530410 KEY WEST MARLIN TOURN
115 75022 530340 TF05302X 530410 KEY WEST MARLIN TOURN
115 75022 530340 TF05303X 530410 CUBAN AM HERITAGE TOURNAMENT
115 75022 530340 TF05303X 530480 CUBAN AM HERITAGE TOURNAMENT
115 75022 530340 TF05303X 530410 CUBAN AM HERITAGE TOURNAMENT
115 75022 530340 TF05352X 530480 GEIGER KEY MARINA DOLPHIN
115 75022 530340 TF05352X 530480 GEIGER KEY MARINA DOLPHIN
115 75022 530340 TF05352X 530410 GEIGER KEY MARINA DOLPHIN
115 75022 530340 TF05353Y 530480 WOMENS INVITATIONAL BONEFISH
115 75022 530340 TF05354X 530480 CAPT. lEON SHEll BlllFISH
115 75022 530340 TF05354X 530410 CAPT, lEON SHEll BlllFISH
115 75022 530340 TF05354X 530410 CAPT. lEON SHEll BlllFISH
115 75022 530340 TF05355X 530410 CAPT. DON GURGIOlO SAilFISH
115 75022 530340 TF05355X 530480 CAPT. DON GURGIOlO SAilFISH
115 75022 530340 TF05357X 530480 PURSUIT/GRADY WHITE SAilFISH
115 75022 530340 TF05357X 530410 PURSUIT/GRADY WHITE SAilFISH
115 75022 530340 TF95404Y 530480 DEL BROWN INV, PERMIT 7/14-16/2008
115 75022 530340 TF05404X 530480 DEL BROWN INV. PERMIT
115 75022 530340 TF05405X 530480 CELEBRITY @LARGE SUNSET TARPON
115 75022 530340 TF05406X 530480 FATHERS DAY DOLPHIN
115 75022 530340 TF05408X 530410 FLORIDA KEYS GOLD CUP
115 75022 530340 TF05408X 530480 FLORIDA KEYS GOLD CUP
115 75022 530340 TF05409X 530480 LADIES, lET'S GO FISHING
115 75022 530340 TF05409X 530480 LADIES, lET'S GO FISHING
115 75022 530340 TF05409Y 530480 LADIES, lET'S GO FISHING 7/22023/2006
115 75022 530340 TF05409X 530410 LADIES, lET'S GO FISHING
115 75022 530340 TF05410X 530410 ISLAMORADA MACKERAl MADNESS
115 75022 530340 TF05411X 530480 KEY LARGO SAilFISH CHAllENGE 1/4-6/2008
115 75022 530340 TF05411X 530410 KEY LARGO SAilFISH CHAllENGE
115 75022 530340 TF05412X 530480 TAKE STOCK IN CHilDREN
115 75022 530340 TF05412X 530410 TAKE STOCK IN CHILDREN
115 75022 530340 TF05417X 530480 OCEAN FEEF BTU BEACKBONE CLASSIC 4/23-25/2007
115 75022 530340 TF05425X 530480 DOLPHIN MASTER INV. 5/31/2008
115 75022 530340 TF05425X 530410 DOLPHIN MASTER INV.
115 75022 530340 TF05426X 530410 WORLDS SAILFISH CHAMPIONSHIP 4/15-19/2008
115 75022 530340 TF05426X 530480 WORLDS SAILFISH CHAMPIONSHIP
115 75022 530340 TF05427X 530480 LOWER KEYS PERMIT ALL TACKLE
115 75022 530340 TF05428X 530480 BURDINES WATERFRONT DOLPHIN
115 75022 530340 TF05429X 530480 SWAMP GUIDES BALL
115 75022 530340 TF05429X 530410 SWAMP GUIDES BALL
115 75022 530340 TF95430Y 530480 ISLAMORADA FALL BONEFISH 9/15-18, 2009
115 75022 530340 TF05430X 530480 ISLAMORADA FALL BONEFISH
115 75022 530340 TF05430Y 530410 ISLAMORADA FALL BONEFISH 9/19-22/2006
115 75022 530340 TF05431X 530480 KEY LARGO DOLPHIN TOURNAMENT
115 75022 530340 TF05431X 530410 KEY LARGO DOLPHIN TOURNAMENT
115 75022 530340 TF05470X 530480 FISHING TV PRODUCTION
115 75022 530340 TF05471X 530480 JIM MISCARELLO KINGFISH TOURNAMENT
115 75022 530340 TF05471X 530410 JIM MISCARELLO KINGFISH TOURNAMENT
115 75022 530340 TF05472X 530480 OCEAN REEF BTU BACKBONE
115 75022 530340 TF05473Y 530480 GHOST HUNT 9/8-9/2006
115 75022 530340 TF05473Y 530480 GHOST HUNT 8/10-11/2007
115 75022 530340 TF05473X 530410 GHOST HUNT 97-8/2007
115 75022 530340 TF05474X 530480 APBA WORLD BILLFISH
115 75022 530340 TF05475X 530480 ISLAMORADA SPRING ALL TACKLE 3/24-27, 2009 cancelled
115 75022 530340 TF05476X 530480 WORLD SAILFISH CHAMPIONSHIP
115 75022 530340 TF05476X 530410 WORLD SAILFISH CHAMPIONSHIP
115 75022 530340 TF05506X 530480 CONCH REPUBLIC LADIES
115 75022 530340 TF95506Y 530410 CONCH REPUBLIC LADIES 7/5/2008
115 75022 530340 TF05508X 530480 MARATHON INT'L TARPON
115 75022 530340 TF05508X 530410 MARATHON INT'L TARPON 5/12-14/2007
115 75022 530340 TF05509X 530480 LADIES TARPON TOURNEY 5/9-20, 2009
115 75022 530340 TF05509X 530410 LADIES TARPON TOURNEY
115 75022 530340 TF05510X 530480 ISL. TARPON RODEO
115 75022 530340 TF05511Y 530480 LADIES LET'S GO FISHING 10/15/2006
115 75022 530340 TF05511X 530480 LADIES LET'S GO FISHING
115 75022 530340 TF05546X 530480 WORLD KINGFISH CHAMPIONSHIP 1/17-19/2008
115 75022 530340 TF05546X 530410 WORLD KINGFISH CHAMPIONSHIP 1/17-19/2008
115 75022 530340 TF05547X 530480 FARO BLANCO INV. TARPON 4/24-30, 2009
115 75022 530340 TF05548Y 530480 MARATHON SAILFISH SEASON OPEN 11/14-16/2006
115 75022 530340 TF05580X 530480 TARPON IAN TOURNAMENT
115 75022 530340 TF05580X 530410 TARPONIAN TOURNAMENT 4/28 - 5/3/2007
115 75022 530340 TF05581X 530480 OUTDOOR CHANNEL OFFSHORE CLASSIC 1-14-27/2007
115 75022 530340 TF05581X 530410 OUTDOOR CHANNEL OFFSHORE CLASSIC 1-14-27/2007
115 75022 530340 TF05582Y 530480 DOLPHIN FLASHOVER 7/28-30/2007
115 75022 530340 TF05582Y 530480 DOLPHIN FLASHOVER 7/6-8/2008
115 75022 530340 TF05583X 530480 KEY LARGO DOLPHIN BLAST 4/29-5/1, 2007
115 75022 530340 TF05606X 530480 BIG BOYS OFFSHORE CHARITY 4/12-25, 2009
115 75022 530340 TF05606X 530480 BIG BOYS OFFSHORE CHARITY 4-25/27/2008
115 75022 530340 TF05626X 530480 YAMAHA DOLPHIN MASTERS I
115 75022 530340 TF05627X 530480 REEF SHOOTOUT 5 15-17, 2009
115 75022 530340 TF05628X 530480 HAWK'S CAY SUNRISE/SUNSET CELEBRITY
115 75022 530340 TF05629X 530480 MOTHER'S DAY DOLPHIN TOURNEY
115 75022 530340 TF95630Y 530480 MARATHON INTL BONE FISH 9-24-27, 2009
115 75022 530340 TF05630X 530410 MARATHON INTL BONEFISH 9-24-27, 2009
115 75022 530340 TF05631X 530480 BACKCOUNTRY FLY CHAMP,
115 75022 530340 TF05632X 530480 ISLAND GRILL CHARITY DOLPHIN
115 75022 530340 TF05632X 530410 ISLAND GRILL CHARITY DOLPHIN
115 75022 530340 TF95633Y 530480 HERMAN LUCERNE MEMORIAL 9/25-27,2009
115 75022 530340 TF05633X 530480 HERMAN LUCERNE MEMORIAL
115 75022 530340 TF05633X 530410 HERMAN LUCERNE MEMORIAL
115 75022 530340 TF05667X 530480 ISLAMORADA DOLPHIN TOURNAMENT
115 75022 530340 TF05657X 530410 ISLAMORADA DOLPHIN TOURNAMENT
115 75022 530340 TF05659X 530480 HAWKS CAY MAHI FLY A REBONE@LARGE TOURNAMENT
115 75022 530340 TF05659X 530410 HAWKS CAY MAHI FLY A REBONE@LARGE TOURNAMENT
115 75022 530340 TF05659X 530480 KEY WEST HABOUR KING MACKERAL TOURNAMENT
115 75022 530340 TF05661X 530480 7 MILE MARINA MARATHON SHARKATHON
115 75022 530340 TF05660X 530480 SAILFISH OPEN
FISHING U:\IBRELLA AGREEMENT
THIS AGREEMENT ("Agreement"), made and entered into this _ day of ,
2009, A.D., by and between MONROE COUNTY, FLORIDA, (hereinafter sometimes called the
"Owner"), and Florida Keys Fishing Tournaments, Inc., (hereinafter called the "Contractor").
WHEREAS, the County wishes to enter into this agreement with Florida Keys Fishing
Tournaments, Inc., so that Florida Keys Fishing Tournaments, Inc. will act as a County wide
Fishing Umbrella to make recommendations to the Tourist Development Council ("TDG") and the
Monroe County Board of County Commissioners ("BOCC") concerning funding for tourism related
fishing activities,
NOW THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties agree as follows: That the parties hereto, for the consideration hereinafter set
forth, mutually agree as follow:
1 . TH E CONTRACT
The contract between the Owner and the Contractor, of which this Agreement is a part, consists of
the contract documents, which are as follows: This Agreement and any amendments executed by
the parties hereafter, together with the response to Request for Proposals (RFP) and all required
insurance documentation. In the event of a discrepancy between the documents, precedence
shall be determined by the order of the documents as just listed.
2. SCOPE OF THE WORK
The Contractor shall provide Fishing Umbrella services for the County as described below:
Contractor shall establish an annual recommended line item breakdown of a budgetary allocation
provided by the Monroe County Tourist Development Council (TDC) to include, but not be limited
to the following:
1. Contractor shall recommend a minimum of thirty percent (30%) of the Fishing Umbrella
budget to national media advertising and public relations.
2. Contractor shall make recommendations to the TDC by those members who sit on the
Fishing Umbrella Recommendation Committee. There shall be five (5) members, one
each representing the five TDC districts. Recommended appointments will be approved
by the TOC. Any subsequent changes to the Recommendation Committee shall be
provided in writing to the TDC Administrative Office for approval by the TDC.
3. Contractor shall seek approval by the TDC of the Fishing Umbrella application that
conforms with all TDC policies and procedures.
4. Contractor shall advertise the availability of the Fishing Umbrella program through which
event coordinators may apply for promotional funding. The advertisement shall be
placed at a minimum, in a newspaper of general circulation, in each of the three primary
areas of the county, to wit: Lower Keys, Middle Keys and Upper Keys. The
advertisement shall give notice of the availability of funding, the restriction of such
funding to promotional expenditures, and any other information which the Contractor
deems necessary to conduct the Fishing Umbrella program. The Contractor may place
the advertisements and be reimbursed pursuant to paragraph 3, or may request the
TDC to place the advertisements and pay the newspapers directly by providing details
in writing.
Florida Keys Fi~hing Tournament
Fishing Umbrella Agreement
ID#: 638
5. Contractor shall conduct at least one (1) educational workshop(s) each year within two
(2) weeks after the release of the request for application, to explain the application
process and TDC procedures and permissible expenditures to all potential applicants.
6. Contractor shall make recommendations to the TDC for the equitable district-wide
percentage distribution of Fishing Umbrella funding allocations for all qualified
events/activities on an annual basis.
7. Contractor shall review with each fishing event applicant the permissible expenditures of
advertising and promotional within the budget and submit to appropriate agency of
record for approval.
8. Contractor shall notify TDC Administrative Office in writing, regarding the Contractor's
approval of any deviations from approved contracts including events dates and
tournament name.
9. Contractor shall assist fishing event coordinators with reimbursement or direct payment
to vendor requests ensuring that all documentation comply with permissible
expenditures and is provided to the Monroe County Finance Department.
10. Contractor shall provide a schedule of Fishing Umbrella meeting dates, to include start
time and venue, to the TDC Administrative Office on an annual basis, providing the TDC
Administrative Office with the information required to place all public notices announcing
Fishing Umbrella meetings under the same rules as required by all governmental
meetings under F.S. 286.11. If a meeting has been duly publicly noticed and
subsequently cancelled, Contractor shall notify the media by public service
announcements (PSA's) or place the appropriate advertisement in the media.
11. Contractor shall provide the TDC Administrative Office a copy of the agenda and all
attachments seven (7) working days prior to a regularly scheduled meeting.
12. Contractor may establish a county-wide photo program to be distributed to national
trade and consumer publications. Photos to be provided by the Contractor to the public
relations agency of record. Photos to represent award winners and media attractive
fishing photos.
13. Contractor may solicit sponsorships other than advertising media to offset Contractor's
administrative and operational costs. Contractor shall not receive any administration
compensation, directly or indirectly, out of the TDC Fishing Umbrella funds.
14. Upon the request of the TDC, Contractor shall be required to provide a representative at
a public meeting to address Fishing Umbrella issues and/or make a presentation.
The Contractor warrants that it is authorized by law to engage in the performance of the activities
herein described, subject to the terms and conditions set forth in these contract documents. The
provider shall at all times exercise independent, professional judgment and shall assume
professional responsibility for the services to be provided. Contractor shall provide services using
the following standards, as a minimum requirement:
I, The Contractor shall maintain adequate staffing levels to provide the services
required under the contract resulting from this RFP process.
", The personnel shall not be employees of or have any contractual relationship with
the County. To the extent that Contractor uses subcontractors or independent contractors,
this contract specifically requires that the level of independence normally exercised by such
subcontractors and independent contractors be curtailed and that they be supervised by
the Contractor.
Florida Key\ Fi\hing Tournament
Fi\hing Umbrella Agreement
11)#: 638
2
III. All personnel engaged in performing services under this contract shall be fully
qualified, and, if required, to be authorized or permitted under State and local law to
perform such services.
3. PAYMENTS
The contractor is responsible to assist event sponsors in submitting invoices and support
documentation acceptable to the County's Finance Department for reimbursement.
4. TERM OF CONTRACT
The term of the contract is for three years, commencing on the 1 st day of October, 2009, and
ending on the 30th day of September, 2012, with an option to extend for one additional two (2)
year period.
5. CONTRACTOR'S ACCEPTANCE OF CONDITIONS
A. The Contractor hereby agrees to carefully examine the specifications for which the
Contractor shall provide services and assumes full responsibility therefore. The provisions
of the Contract shall control any inconsistent provisions contained in the specifications.
Under no circumstances, conditions, or situations shall this Contract be more strongly
construed against the County than against the Contractor.
B. Any ambiguity or uncertainty in the specifications shall be interpreted and construed by the
County, and the County's decision shall be final and binding upon all parties.
C. The passing, approval, and/or acceptance by the County of any of the services furnished
by the Contractor shall not operate as a waiver by the County of strict compliance with the
terms of this Contract, and specifications covering the services. Failure on the part of the
Contractor, immediately after Notice to Correct shall entitle the County, if it sees fit, to
correct the same and recover the reasonable cost of such replacement and/or repair from
the Contractor, who in any event shall be jointly and severally liable to the County for all
damage, loss, and expense caused to the County by reason of the Contractor's breach of
this Contract and/or his failure to comply strictly and in all things with this Contract and with
the specifications.
D. The Contractor agrees that the TDC may designate representatives to visit the Contractor's
facility(ies) periodically to conduct random open file evaluations during the Contractor's
normal business hours.
E. The Contractor warrants that it has, and shall maintain throughout the term of this contract,
appropriate licenses and approvals required to conduct its business, and that it will at all
times conduct its business activities in a reputable manner. Proof of such licenses and
app'rovals shall be subm itted to the County upon request.
6. COr<JrRACTOR'S FINANCIAL RECORDS
Contractor shall maintain all books, records, and documents directly pertinent to performance
under this Agreement in accordance with generally accepted accounting principles consistently
applied. Each party to this Agreement or their authorized representatives shall have reasonable
and timely access to such records of each other party to this Agreement for public records
purposes during the term of the Agreement and for four years following the termination of this
Agreement. If an auditor employed by the County or Clerk determines that monies paid to
Florida Keys Fishing Tournament 3
Fishing Umhrdla Agreement
10#: 638
Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement,
the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS,
running from the date the monies were paid to Contractor.
7. PUBLIC ACCESS
The County and Contractor shall allow and permit reasonable access to, and inspection of, all
documents, papers, letters or other materials in its possession or under its control subject to the
provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor
in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this
Agreement upon violation of this provision by Contractor.
8. HOLD HARMLESS
The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of
County Commissioners and the TDC 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 services provided by the Contractor or any of its Subcontractor(s) in any tier,
occasioned by the negligence, errors, or other wrongful act of omission of the Contractor or its
Subcontractors in any tier, their employees, or agents.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this Agreement.
9. INDEPENDENT CONTRACTOR
At all times and for all purposes under this Agreement the Contractor is an independent contractor
and not an employee of the Board of County Commissioners of Monroe County. No statement
contained in this Agreement shall be construed so as to find the Contractor or any of his
employees, contractors, servants, or agents to be employees of the Board of County
Commissioners of Monroe County.
1 O. NONDISCRIMINATION
The parties agree that there will be no discrimination against any person, and it is expressly
understood that upon a/ determination by a court of competent jurisdiction that discrimination has
occurred, this Agreement automatically terminates without any further action on the part of any
party, effective the date of the court order. The parties agree to comply with all Federal and
Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These
include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which
prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin;
2) Title IX of the Education Amendment of 1972, as amended (20 USC SS 1681-1683, and 1685-
1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act
of 1973, as amended (20 USC S 794), which prohibits discrimination on the basis of handicaps; 4)
The Age Discrimination Act of 1975, as amended (42 USC SS 6101-6107), which prohibits
discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-
255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The
Florida Key\ Fi\hing Tournament 'f
Fishing LJmbrdla Agreement
10#: 638
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of
1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism; 7) The Public Health Service Act of 1912, SS 523 and 527 (42 USC SS 690dd-3 and
290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title
VIII of the Civil Rights Act of 1968 (42 USC SS 3601 et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act
of 1990 (42 USC SS 1201), as amended from time to time, relating to nondiscrimination in
employment on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which
prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual
orientation, gender identity or expression, familial status or age; and 11) any other
nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or
the subject matter of, this Agreement.
11. ASSIGNMENT/SUBCONTRACT
The Contractor shall not assign or subcontract its obligations under this Agreement, except in
writing and with the prior written approval of the Board of County Commissioners of Monroe
County and Contractor, which approval shall be subject to such conditions and provisions as the
Board may deem necessary. This paragraph shall be incorporated by reference into any
assignment or subcontract and any assignee or subcontractor shall comply with all of the
provisions of this Agreement.
12. COMPLIANCE WITH LAW
In providing all services/goods pursuant to this Agreement, the Contractor shall abide by all
statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of, such
services, including those now in effect and hereinafter adopted. Any violation of said statutes,
ordinances, rules and regulations shall constitute a material breach of this Agreement and shall
entitle the Board to terminate this contract immediately upon delivery of written notice of
termination to the contractor. The contractor shall possess proper licenses to perform work in
accordance with these specifications throughout the term of this contract.
13. DISCLOSURE AND CONFLICT OF INTEREST
The Contractor represents that it, its directors, principles and employees, presently have no
interest and shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required by this contract, as provided in Sect. 112.311, et seq.,
Florida Statutes. County agrees that officers and employees of the County recognize and will be
required to comply with the standards of conduct for public officers and employees as delineated
in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of
gifts; doing business with one's agency; unauthorized compensation; misuse of public position,
conflicting employment or contractual relationship; and disclosure or use of certain information.
Upon execution of this contract, and thereafter as changes may require, the Contractor shall notify
the County of any financial interest it may have in any and all programs in Monroe County which
the Contractor sponsors, endorses, recommends, supervises, or requires for counseling,
assistance, evaluation, or treatment. This provision shall apply whether or not such program is
required by statute, as a condition of probation, or is provided on a voluntary basis,
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The County and Contractor warrant that, in respect to itself, it has neither employed nor retained
any company or person, other than a bona fide employee working solely for it, to solicit or secure
this Agreement and that it has not paid or agreed to pay any person, company, corporation,
individual, or firm, other than a bona fide employee working solely for it, any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award or making of
this Agreement. For the breach or violation of the provision, the Contractor agrees that the
County shall have the right to terminate this Agreement without liability and, at its discretion, to
offset from monies owed, or otherwise recover, the full amount of such fee, commission,
percentage, gift, or consideration,
14, ARREARS
The Contractor shall not pledge the County's credit or make it a guarantor of payment or surety for
any contract, debt, obligation, judgment, lien, or any form of indebtedness, The Contractor further
warrants and represents that it has no obligation or indebtedness that would impair its ability to
fulfill the terms of this contract.
15, NOTICE REQUIREMENT
Any notice required or permitted under this Agreement shall be in writing and hand delivered or
mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the
following:
FOR TOC:
Lynda Stuart
1201 White St. Suite 102
Key West, FL 33040
FOR COUNTY:
and County Attorney
PO Box 1 026
Key West, FI. 33041-1026
FOR CONTRACTOR:
Capt. Jim Sharpe
24386 Overseas Hwy
Summerland Key, FL 33042
16, TAXES
The County is exempt from payment of Florida State Sales and Use taxes, The Contractor shall
not be exempted by virtue of the County's exemption from paying sales tax to its suppliers for
materials used to fulfill its obligations under this contract, nor is the Contractor authorized to use
the County's Tax Exemption Number in securing such materials, The Contractor shall be
responsible for any and all taxes, or payments of withholding, related to services rendered under
this Agreement.
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17. TERMINATION
A. The County may terminate this contract for cause with seven (7) days notice to the
Contractor. Cause shall constitute a breach of the obligations of the Contractor to pertorm
the services enumerated as the Contractor's obligations under this contract.
B. Either of the parties hereto may terminate this contract without cause by giving the other
party sixty (60) days written notice of its intention to do so.
18. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES
A. This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to contracts made and to be pertormed entirely in the State.
B. In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the County and Contractor agree that
venue will lie in the appropriate court or before the appropriate administrative body in
Monroe County, Florida.
C. The County and Contractor agree that, in the event of conflicting interpretations of the terms
or a term of this Agreement by or between any of them the issue shall be submitted to
mediation prior to the institution of any other administrative or legal proceeding.
D. Severability. If any term, covenant, condition or provision of this Agreement (or the
application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining terms,
covenants, conditions and provisions of this Agreement, shall not be affected thereby; and
each remaining term, covenant, condition and provision of this Agreement shall be valid
and shall be enforceable to the fullest extent permitted by law unless the enforcement of
the remaining terms, covenants, conditions and provisions of this Agreement would prevent
the accomplishment of the original intent of this Agreement. The County and Contractor
agree to reform the Agreement to replace any stricken provision with a valid provision that
comes as close as possible to the intent of the stricken provision.
E. Attorney's Fees and Costs. The County and Contractor agree that in the event any cause
. of action or administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an
award against the non-prevailing party, and shall include attorney's fees, courts costs,
investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings
initiated and conducted pursuant to this Agreement shall be in accordance with the Florida
Rules of Civil Procedure and usual and customary procedures required by the circuit court
of Monroe County.
F. Adjudication of Disputes or Disagreements. County and Contractor agree that all disputes
and disagreements shall be attempted to be resolved by meet and confer sessions
between representatives of each of the parties. If the issue or issues are still not resolved
to the satisfaction of the parties, then any party shall have the right to seek such relief or
remedy as may be provided by this Agreement or by Florida law.
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G. Cooperation. In the event any administrative or legal proceeding is instituted against either
party relating to the formation, execution, performance, or breach of this Agreement,
County and Contractor agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related to the substance
of this Agreement or provision of the services under this Agreement. County and
Contractor specifically agree that no party to this Agreement shall be required to enter into
any arbitration proceedings related to this Agreement.
19. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the
benefit of the County and Contractor and their respective legal representatives, successors, and
assigns.
20. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and performance of
this Agreement have been duly authorized by all necessary County and corporate action, as
required by law.
21. CLAIMS FOR FEDERAL OR STATE AID
Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain
federal and state funds to further the purpose of this Agreement; provided that all applications,
requests, grant proposals, and funding solicitations shall be approved by each party prior to
submission.
.22. PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and
pensions and relief, disability, workers' compensation, and other benefits which apply to the
activity of officers, agents, or employees of any public agents or employees of the County, when
performing their respective functions under this Agreement within the territorial limits of the County
shall apply to the same degree and extent to the performance of such functions and duties of such
officers, agents, volunteers, or employees outside the territorial limits of the County.
'23. LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall
it be construed as, relieving any participating Contractor from any obligation or responsibility
imposed upon the Contractor by law except to the extent of actual and timely performance thereof
by any participating entity, in which case the performance may be offered in satisfaction of the
obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed
as, authorizing the delegation of the constitutional or statutory duties of the County, except to the
extent permitted by the Florida constitution, state statute, and case law.
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s
24. NON-RELIANCE BY NON-PARTIES
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 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 this Agreement.
25. ATTESTATIONS
Contractor agrees to execute such documents as the County may reasonably require, to include a
Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement.
26. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or agreement of
any member, officer, agent or employee of Monroe County in his or her individual capacity, and no
member, officer, agent or employee of Monroe County shall be liable personally on this
Agreement or be subject to any personal liability or accountability by reason of the execution of
this Agreement.
27. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be regarded
as an original, all of which taken together shall constitute one and the same instrument and any of
the parties hereto may execute this Agreement by signing any such counterpart.
28. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of reference
only, and it is agreed that such section headings are not a part of this Agreement and will not be
used in the interpretation of any provision of this Agreement.
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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CSS WHEREOF the parties hereto have executed this Agreement on the day and date
.jn above in four (4) counterparts, each of which shall, without proof or accounting for the
AJunterparts, be deemed an original contract.
..:AL)
\ttest: Danny L. Kolhage, Clerk
Board of County Commissioners
of Monroe County
Deputy Clerk
Mayor/Chairman
(CORPORATE SEAL)
Attest
Florida Keys Fishing Tournaments, Inc.
By By
Secretary
Print Name 15h~R:9~
Date: Date: 7- 2~ -V~
OR TWO WITNESSES
(1 )
(2)
(1)
Print Name
(2)
Print Name
Date:
Date:
Florida Keys Fishing Tournament
Fishing Umbrella Agreement
ID#: 638
10
MONROE COUNTY ATTORNEY
M'jPROVEQ At 7/iPM:
(~-l t.itPJ-U-' .
iCYNTHIA . ALL
ASSIStANT,;C O~NTY A(rORNEY
Date '0 - ,,- 0'1