Item D1BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: MARCH 19, 2008 Division: TDC
Bulk Item: Yes X No _ Department:
Staff Contact Person/Phone #: Maxine Pacini
296-1552
AGENDA ITEM WORDING:
Approval to Amend Agreement with John Stuempfig to revise Exhibit B for the Yamaha Dolphin
Masters Invitational in May 2008.
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION:
BOCC approved original Agreement at their meeting of October 17, 2007.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $1,000 BUDGETED: Yes X No
COST TO COUNTY: $1,000 SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year
APPROVED BY: County Atty X 6�urchasing X Risk Management X
DOCUMENTATION: Included X Not Required
DISPOSITION:
Revised 11/06
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Contract with: John Stuempfig
CONTRACT SUMMARY
Contract # TDC ID: 344
Effective Date: 10/ 17/07
Expiration Date: 8/31/08
Contract Purpose/Description:
Approval of an Amendment to Asireement with John Stuemnfiiz to revise Exhibit B for
the Yamaha Dolphin Masters Invitational in May, 2008 in an amount not to exceed
$1,000, FY 2008 Two Penny Fishing Umbrella Funding_
Contract Manager: Maxine Pacini 3523 TDC # 3
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 3/19/08 Agenda Deadline: 3/4/08
CONTRACT COSTS
Total Dollar Value of Contract: $ 1,000 Current Year Portion: $
Budgeted? Yes® No ❑ Account Codes:-115-75022-530340-T85F-425-X-530480
Grant: $
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, sz
CONTRACT REVIEW
Changes
Date Out
D ten
Needed wer_.
Division Director
Yes❑ No[Ej
Risk Mana ment
Yes❑ Nod
O.M.B./Purchasing
r�wD�S
Yes❑ Nog —
County Attorney
Yes❑ No� C. Hall
L rf
Comments:
UMB norm Revised 2/27/01 MCP #2
AMENDMENT Ost AMENDMENT) TO AGREEMENT
THIS AMENDMENT to agreement dated the day of 2008, is entered into by and between
the Board of County Commissioners for Monroe County, Florida, a political subdivision of the state of
Florida ("County"), and John Stuempfig ("Event Sponsor").
WHEREAS, there was a contract entered into on October 17, 2007 between the parties, awarding
$1,000 for the production of the Yamaha Dolphin Masters Invitational in May 2008; and
WHEREAS, it has become necessary to revise Exhibit B to reflect a change in budget due to
scriveners error; and
NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree to
the amended agreement as follows:
Exhibit B of the Agreement dated October 17, 2007 shall be revised, and attached hereto.
2. The remaining provisions of the contract dated October 17, 2007 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.
(SEAL)
Attest: Danny L. Kolhage, Clerk
Deputy Clerk
(CORPORATE SEAL)
Attest:
By.
Secretary
Print Name
OR TWO WITNESSES
(1)
(1)
Print Name
Amendment ttl
Yamaha Dolphin Masters Invitational
Contract 4: 344
Board of County Commissioners
of Monroe County
Mayor/Chairman
John Stuempfi
/r
By
Psi ent/Ev Sponsor
Print Name
(2)
(2)
Print Name
T
i ,:J ;ter,,
r AT"U,?N Y
__._?
EXHIBIT B
REVISED
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
FISHING UMBRELLA EVENT BUDGET
BUDGET BREAKDOWN
line item listed below shall be approved by the appropriate agency of record
FISCAL YEAR 2008
EVENT NAME: Yamaha Dolphin Masters Invitational
MEDIA PLACEMENT & PRODUCTION COSTS: newspaper, radio, magazines,
TV, website/intemet advertising only
PROMOTIONAL SIGNS: posters/banners
PROMOTIONAL ITEMS: t-shirts, hats, jackets, koozie cups $1,000.00
DIRECT MAIL PROMOTIONS: brochures/pamphlets/
postage & shipping
PROGRAMS:
PUBLIC RELATIONS
TROPHIES:
-GENERAL NON -ALLOCATED
TOTAL: $1, 000.00
TOURNAMENTS CANNOT EXCEED MORE THAN 30% OF THE TOTAL BUDGET IN TROPHY
LINE ITEM EXCEPT WHEN TOURNAMENTS RECEIVED SPECIAL APPROVAL FROM FKFT, INC.
BOARD OF DIRECTORS. 3/5*7
-GENERAL NON ALLOCATED MAY NOT EXCEED 15% OF THE ABOVE BUDGET.
AND CAN ONLY BE UTILIZED FOR ACCEPTABLE TDC ITEMS.
ACTUAL EXPENDITURES MAY DEVIATE NO MORE THAN 10% FROM THE BUDGETED LINE ITEMS
NOTED ABOVE.
FUNDING AGREEMENT
THIS AGREEMENT is made and entered into by and between Monroe County, Florida, a political
subdivision of the state of Florida ("County"), and John Stuempfig ("Event Sponsor").
WHEREAS, Florida Keys Fishing Tournaments, Inc., 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 by Event Sponsor; and
WHEREAS, Event Sponsor has represented and agreed that it desires and is able to conduct the event;
NOW, THEREFORE; in consideration of the mutual promises contained herein, the parties agree as
follows:
1. County shall pay a sum not to exceed $1,000 (One Thousand Dollars) for promotion and related
expenditures effective October 17, 2007, as described in the event budget, attached hereto as Exhibit B, for
production of the Yamaha Dolphin Masters Invitational in May, 2008 ("Event"). Payment will be made only
after Event Sponsor submits invoices and support documentation acceptable to the County's Finance Department
within ninety (90) days of the conclusion of the Event. Funding under this agreement terminates ninety days after
the conclusion of the Event. 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 the Event budget may be utilized for unforeseen allowable expenditures and for those budget
lines that may require additional funds, according to County guidelines. Monroe County's performance and
obligation to pay under this agreement is contingent upon an annual appropriation by the County.
2. In a situation where the Event has to be postponed due to a named storm or hurricane for which
the County orders a visitor and/or resident evacuation order, the Event Sponsor shall have thirty (30) days to
provide to Florida Keys Fishing Tournaments, Inc. notice of a new date for the Event, and shall produce the re-
scheduled Event within ninety (90) days of the original date of Event. The rescheduled date shall be authorized, in
writing, by The Florida Keys Fishing Tournaments, Inc. and forwarded to the Tourist Development Council
administrative office to be processed in the form of an Amendment to this Agreement. If the Event Sponsor is
unable to reschedule the Event, the Event Sponsor shall provide proof of the cancellation being caused by a
named storm or hurricane, and a written statement as to why the Event cannot be rescheduled.
If the Event is cancelled or rescheduled due to a named storm or hurricane for which the County orders a
visitor and/or resident evacuation order, the County shall pay for promotion or related expenditures of any
combination of invoices for the original event date, and/or the rescheduled date up to the amount, but not to
exceed the amount of funds allocated as described in the budget, attached hereto as Exhibit B.
3. 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 the Event. Event Sponsor fully understands that funding is obtained from tourist development
taxes for which the fiscal year ends September 30, 2008. Event Sponsor also understands that the funding
process through which this was Agreement is made available by County requires event sponsors to submit their
payment requests within ninety (90) days of the conclusion of the event. 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 within ninety (90) days of
the conclusion of the Event 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 August 31, 2008.
Yamaha Dolphin Masters Invitational
Fishing Umbrella Funding FY 2008
4. 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 Event Sponsor agree that neither the County nor the
Event Sponsor 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 the Agreement.
5. Event Sponsor shall reimburse County for any amount of funds expended by County in connection
with the Event if it does not occur as a result of any act or omission by Event Sponsor.
6. Event Sponsor covenants and agrees to indemnify and hold harmless and defend Monroe
County, its officers, employees and agents including the Tourist Development Council and Visit Florida Keys 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 attorneys 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 the 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.
7. Event Sponsor shall maintain records pursuant to generally accepted accounting principles for
four (4) years after the Event and shall permit County and its agents and employees access to said records at
reasonable times.
8. 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.
9. 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.
10. 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.
11. 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. By signing below, Event Sponsor
warrants that he/she/it is not in violation of this paragraph.
12. Logo: All promotional literature and display advertising with the exception of generic
advertising must display the "Florida Keys & Key West Come As You Are" logo/trade mark (as per attached logo
sample). This logo/trade mark was adopted by the TDC and County in December 2006.
In -County Logo: The logo that includes the "Monroe County Tourist Development Council' designation is to be
utilized in all approved in -county print newspaper ads, magazine ads, street banners, posters and other approved
signage efforts. Radio commercials should include "Brought to you by The Monroe County Tourist Development
Council'. To seek approval, clarification and/or logo in electronic format (eps or jpg file), contact Lauren Bernat or
John Underwood with Tinsley Advertising at 305-856-6060.
Yamaha Dolphin Masters Invitational
Fishing Umbrella Funding FY 2008
2
Out of County Logo: The out of county logo does NOT include the "Monroe County Tourist Development Council"
designation and is to be utilized in all other efforts including any approved out -of -county print newspaper ads,
magazine ads, television commercials, internet advertising (banners, buttons, e-mail blasts), direct mail
promotions (brochures and pamphlets) and any approved promotional items including programs, T-shirts, hats,
jackets, trophies and koozie cups. Radio commercials should include "Brought to you by The Monroe County
Tourist Development Council". To seek approval, clarification and/or logo in electronic format (eps orjpg file),
contact John Underwood at Tinsley Advertising at 305-856-6060.
13. Insurance Requirements are as follows: 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 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
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 shall 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 Event.
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 Event
Sponsor's General Liability policy.
14. Event Sponsor 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 for Monroe County and Vendor, which approval
shall be subject to such conditions and provisions as the Board may deem necessary.
Yamaha Dolphin Masters Invitational
Fishing Umbrella Funding FY 2008
3
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year above written.
(SEAL)
Attest: Danny L. Kolhage, Clerk
Deputy Clerk
(CORPORATE SEAL)
Attest:
By.
Secretary
Print Name
r 1111L wd[Ile
Yamaha Dolphin Masters Invitational
Fishing Umbrella Funding FY 2008
Board of County Commissioners
of Monroe County
Mayor/Chairman
John Stuempfig
0
Name
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
SUSAN M. G SLEY
ASSIS NT COUN �gTTgRNEY
Date 'j 4V(00-)
U
4
In -County Logo
T6
Florida Keys
&Ke0 0 0 0 *ySt
��/edS YOU e�
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
Out -of -County Logo
ne
Florida Keys
&Key��Iest0 O's 0 edS YOU M8
e
Yamaha Dolphin Masters Invitational
Fishing Umbrella Funding FY 2008
6
EXHIBIT A
EAY _ 7:7AM LI1:ES IN WATER
CAY 2
FM LINES �F WATER
FM EVENING EVENT
PM WEIGH-IN OVER /�
PM OTHER EVENT /�!llf�'1l/jTro.J
LINES IN WATER
PM LINES OUT WATER
PM EVENING EVENT
FM WEIGH-IN OVER
PM OTHER EVENT
DAY 3 F].,
AM LINES IN WATER
m: PM LINES OUT WATER
PM EVENING EVENT
WEIGH-IN OVER
❑:DHPM
PM OTHER EVENT r— —�
CAY 4 AM LINES IN WATER
FM LINES CUT WATER
FM EVENING EVENT
FM WEI 3H-I�: _-,'Er,
F' -ITHEF_
FY 2008 Fishing Umbrella Funding Application
EXHIBIT B
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
FISHING UMBRELLA EVENT BUDGET
BUDGET BREAKDOWN
line item listed below shall be approved by the appropriate agency of record
FISCAL YEAR 2008
EVENT NAME: Yamaha Dolphin Masters invitational
MEDIA PLACEMENT & PRODUCTION COSTS: newspaper, radio, magazines,
TV, website/internet advertising only
PROMOTIONAL SIGNS: posters/banners $1,000.00
PROMOTIONAL ITEMS: t-shirts, hats, jackets, koozie cups
DIRECT MAIL PROMOTIONS: brochures/pamphlets/
postage & shipping
PROGRAMS:
PUBLIC RELATIONS
'TROPHIES:
"GENERAL NON -ALLOCATED
TOTAL: $1,000A0
TOURNAMENTS CANNOT EXCEED MORE THAN 30% OF THE TOTAL BUDGET IN TROPHY
LINE ITEM EXCEPT WHEN TOURNAMENTS RECEIVED SPECIAL APPROVAL FROM FKFT, INC.
BOARD OF DIRECTORS. 3/5197
"GENERAL NON ALLOCATED MAY NOT EXCEED 15% OF THE ABOVE BUDGET.
AND CAN ONLY BE UTILIZED FOR ACCEPTABLE TDC ITEMS.
ACTUAL EXPENDITURES MAY DEVIATE NO MORE THAN 10% FROM THE BUDGETED LINE ITEMS
NOTED ABOVE.
0% Edifies
MONROE COUNTY, FLORIDA
Request For Waiver
Of
Insurance Requirements
It is requested that the insurance requirements, as specified in the County's Schedule of Inswum
Requirements, be waived or modified on the following contract.
Contractor: See Event Attachment - FISHING
Name of Entity:
Name of Event: _
'la!,--�' � ,1.�
N4ASL r5
1 .t✓, c��n.Lt�J
Contract for. Services
Address of Contractor: GO T DC Att: Maxine
gone: 305-296-1552
Scope of work: Advertising and promotion
Reason for Waiver. Prow no fulws ro VMWte event only Minimal ext►osurn to
Policies Waiver win
apply to: See Attached
Sipatare of Contrattor:
Approved (/ Not Approved
Rbk %nagemeat:
Date:
County Admiobtrator Appeal:
Approved Not Approved
Date:
Board of County Co®mbsioners Appeal:
Approved Not Approved
Meeting Date:
Administration lostruetiou
t#47".2