Item D1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: JANUARY 16, 20~
Division:
TDC
Bulk Item: Yes -L No
Department:
Staff Contact Person/Phone #: Maxine Pacini
296-1552
AGENDA ITEM WORDING:
Approval of an Agreement with Miami Swordfish Tournament, L.L.C for the Islamorada Swordfish
Tournament on August 15-18, 2008 in an amount not to exceed $28,000, DAC IV, FY 2008 Event
Resources.
ITEM BACKGROUND:
TDC approved same at their meeting of August 22,2007
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
New Contract
STAFF RECOMMENDATIONS:
Approval
TOTAL COST:
$28,000
BUDGETED: Yes ~ No
COST TO COUNTY:
$28,000
SOURCE OF FUNDS:
TDC
REVENUE PRODUCING: Yes -L No
AMOUNT PER MONTH Year
APPROVED BY: County Atty ~ OMB/Purchasing ~
Risk Management X
Not Required_
DOCUMENT A TION:
Included X
DISPOSITION:
AGENDA ITEM #
Revised 11/06
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Miami Swordfish Tournament Contract # TDC #: 418
L.L.C Effective Date: 1/16/08
Expiration Date: 3/1/09
Contract Purpose/Description:
Approval of an Agreement with Miami Swordfish Tournament, L.L.C for the
Islamorada Swordfish Tournament on August 15-18,2008 in an amount not to exceed
$28,000, DAC IV, FY 2008 Event Resources.
Contract Manager: Maxine Pacini 3523 TDC # 3
(Name) (Ext. ) (Department/Stop #)
~~~yJ~ ~ I/;)./o~
for BOCC meeting on Agenda Deadline -l-2l4/07
CONTRACT COSTS
Total Dollar Value of Contract: $ 28,000
Budgeted? Yes~ No D Account Codes:
Grant: $
County Match: $
Current Year Portion: $
115-75360-530340-T85M-527-X-530340 /'
ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
~~~ Needed
Division Director kf!, YesD No~
Risk Man~~en~1 I~u 1 YesD No[Zf
l? \}J ~^IJ
O.:M:B.lPurchasing ~1 YesD No0
County Attorney '#1 YesD N~
Comments:
Date Out
-K.~
C. Hall
OMB Form Revised 2/27/01 Mep #2
Destination Events Aareement
THIS AGREEMENT (Agreement) is entered into this day of , 2008 by and
between MONROE COUNTY, a political subdivision of the state of Florida (County) and Miami
Swordfish Tournament, L.L.C a for profit business organized and operating under the laws of the
state of Florida (Event Sponsor).
WITNESSETH:
in consideration of the mutual covenants contained herein, the parties agree as follows:
1. The County agrees to pay up to $28,000 (Twenty Eight Thousand Dollars) for the
Islamorada Swordfish Tournament on August 15-18, 2008 from tourist development tax funds (See
Exhibit A). No more than 10% of the total advertising and promotional costs paid under this agreement
shall be attributable to in-county advertising and promotion.
2. Scope of Services: The event sponsor agrees to provide the County with an event as
specified below:
a).
b)
c).
d).
e).
A three (3) day Fishing Tournament
Tournament program that has a two page article on Islamorada in the
centerfold
Welcoming Reception
Participants Dinner
Awards Luncheon
3. All advertising and public relations services or supervision of advertising and public
relations will be provided through the contracted agencies of the Tourist Development Council (TDC)
and COUNTY. The agencies of record shall receive payment for work in progress upon submission of
documented invoices associated with the event.
4. Payment: Any payments directly to the event sponsor or vendors associated with said
event shall be as follows:
Payment upon presentation of an invoice shall indicate the task completed for which
payment is sought, with proper documentation attached.
Upon completion of said event, a financial statement detailing all revenue and expenses
utilizing generally accepted accounting principals shall be prepared, notarized and submitted by Event
Sponsor. The County's contracted public relations firm shall confirm compliance with the Scope of
Services.
Islamorada Swordfish Tournament
FY 2008 Funding
Contract #: 418
Monroe County's performance and obligation to pay under this contract is contingent
upon an annual appropriation by the COUNTY. Only acceptable expenses listed in the Monroe
County Tourist Development Council Operations Manual shall be paid.
5. Accountinq: Financial records of the Sponsor pertaining to this project shall be kept
according to generally recognized accounting principles and shall be available to the COUNTY or to
an authorized representative for audit.
6. Modification: Line item changes to the advertising and promotion budget may be made
up to but not exceeding 10% of the larger line item amount without requiring COUNTY approval of the
particular change.
7. Breach and Penalties: The parties agree to full performance of the covenants contained
in this agreement, and the COUNTY reserves the right at its discretion, provided such breach is
material, to terminate this agreement for any misfeasance, malfeasance, or nonperformance of the
agreement terms or negligent performance of the agreement terms by the event sponsor.
8. Termination: This Agreement will be terminated on March 1, 2009. All invoices must
be submitted prior to March 1,2009.
9. Non Occurrence of Event: If the event does not take place for any reason under control
of Event Sponsor except for those reasons in paragraph 19, then Event Sponsor agrees to refund to
the COUNTY any amounts already paid to them under this agreement, and relieve the COUNTY from
any further payments.
The event sponsor shall give written notice to the Monroe County Tourist Development
Council if it is found necessary to cancel an event. The notice shall contain the following specifics: 1)
reason for cancellation, 2) documentation of the reason for cancellation and 3) person authorized to
cancel including title and stated affiliation.
10. Indemnification and Hold Harmless: The 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 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, except those losses or damages caused by COUNTY or its
agents.
11. Insurance Requirements: Event sponsor as a pre-requisite of the Special Event
governed by this agreement, shall obtain, at its own expense, insurance as specified in this section.
Event sponsor will not be permitted to commence work associated with the Event (including
pre-staging of personnel and material) until satisfactory evidence of the required insurance has been
furnished to the county as specified below. Event sponsor shall maintain the required insurance
throughout the entire duration of the Special Event and any extensions specified in any attached
Islamorada Swordfish Tournament
FY 2008 Funding
Contract #: 418
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:
* Original 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 COUNTY 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 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
Islamorada Swordfish Tournament
FY 2008 Funding
Contract #: 418
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
contractor's General Liability policy.
12. Permits: The event sponsor will secure all required permits, licenses including but not
limited to occupational licenses.
13. Taxes: The COUNTY and TDC are exempt from Federal Excise and State of Florida
Sales Tax.
14. Finance Charqes: The COUNTY and TDC shall not be responsible for any finance
charges.
15. Relation of COUNTYITDC: It is the intent of the parties hereto that the event sponsor
shall be legally considered as an independent Event Sponsor and that neither it nor its employees
shall, under any circumstances, be considered employees, servants or agents of the COUNTY and
TDC and the COUNTY and TDC shall at no time be legally responsible for any negligence on the part
of said Event Sponsor, its employees or agents, resulting in either bodily or personal injury or property
damage to any individual, firm, or corporation.
16. Disclosure: The event sponsor shall be required to list any or all potential conflicts or
interest, as defined by Florida Statute 112 and Monroe County Code. The event sponsor shall
disclose to the COUNTY and TDC all actual or proposed conflicts of interest, financial or otherwise,
direct or indirect, involving any client's interest which may conflict with the interest of the COUNTY and
TDC.
17. Assiqnment: The event sponsor shall not assign, transfer, convey, sublet or otherwise
dispose of this agreement, or of any or all of its right, title or interest therein, or his or its power to
execute such agreement to any person, company or corporation without prior consent of the
COUNTY.
18. Compliance with laws - Nondiscrimination: The event sponsor, shall comply with all
federal, state and local laws and ordinances applicable to the work or payment for work thereof, and
shall not discriminate on the grounds of race, color, religion, sex, age, or national origin in the
performance of work under this Agreement. This Agreement shall be subject to all federal, state, and
local laws and ordinances.
19. Force Maieure: The event sponsor shall not be liable for delay in performance or failure
to perform in whole or in part, the services due to the occurrence of any contingency beyond its control
or the control of any of its subcontractors or suppliers, including labor dispute, strike, labor shortage,
war or act of war whether an actual declaration thereof if made or not, insurrection, sabotage, riot or
civil commotion, act of public
Islamorada Swordfish Tournament
FY 2008 Funding
Contract #: 418
enemy, epidemic, quarantine restriction, accident, fire, explosion, storm, flood, drought or other act of
God, act of any govemmental authority, jurisdictional action, or insufficient supply of fuel, electricity, or
materials or supplies, or technical failure where the event sponsor has exercised reasonable care in
the prevention or mitigation of damages and delay, any such delay or failure shall not constitute a
breach of the Agreement. Upon demand of TDC or COUNTY, the event sponsor must furnish
evidence of the causes of such delay or failure. COUNTY shall not pay for any services or activities,
promotional or otherwise, connected with an event produced after the date(s) described in paragraph
1 and Scope of Services.
20. Governinq LawNenue: 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 performed
entirely in the State. In the event that any cause of action or administrative proceeding is instituted for
the enforcement or interpretation of the agreement, the County and Sponsor agree that venue shall lie
in the appropriate court or before the appropriate administrative body in Monroe County, Florida. This
Agreement shall not be subject to arbitration.
21. Security Protection: The event sponsor agrees to provide adequate security for the
event. No TDC funds will be used for this purpose.
22. Ownership: All advertising and promotion work performed under the agreement and paid
for by the COUNTY and TDC shall be the property of the COUNTY and TDC, for whatever use and/or
disposition the COUNTY and TDC may deem appropriate.
23. Media riqhts: The TDC shall have the right to broadcast, rebroadcast, use, reproduce or
transmit for any purpose whatsoever, radio, television, pictures, sound, film and tape motion pictures
and still photographs paid by the COUNTY and TDC under this agreement.
24. loao: 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 Loqo: 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 John Underwood with Tinsley Advertising at 305-856-
6060.
Out of County Loqo: 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
Islamorada Swordfish Tournament
FY 2008 Funding
Contract #: 418
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.
25. Severability: If any provision of this Agreement shall be held by a Court of competent
jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby; and
each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
26. Authority: Each of the signatories for the sponsor below certifies and warrants that:
a) The Sponsor's name in the agreement is the full name as designated in its corporate
charter, and b) they are empowered to act and execute the agreement for the Sponsor and c) this
Agreement has been approved by the Sponsor's Board of Directors.
27. Ethics Clause: The event sponsor warrants that it has not employed, retained or other
wise had act on its behalf, any former County office 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 agreement
without liability and may also, at its discretion, deduct from the agreement 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.
28. Public Entity Crimes: "A person or affiliate who has been placed on the convicted vendor
list following a conviction for public entity crime may not submit a proposal on a contract to provide any
goods or services to a public entity, may not submit a proposal on a contract with a public entity for the
construction or repair of a public building or public work, may not submit proposals 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 period
of 36 months from the date of being placed on the convicted vendor list."
29. Notice: Any notice required or permitted under this agreement shall be in writing and
had delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt
requested to the following:
For Grantee: Richard Peeples III
205 Cross Street
Miami Springs, FL 33166
For Grantor: Lynda Stuart
Monroe County Tourist Development Council
1201 White Street, Suite 102
Key West, FL 33040
Islamorada Swordfish Tournament
FY 2008 Funding
Contract #: 418
.- Q.^ . ..Ulfl - WlUWI UU I I I uu
Fax sen't by ; .:S,,:u;~u rtRJ
.L~ UI UI .LU-WlJQ.
... ~ -. _WI
'"''''''''... I "T I tVt 1I.I1lV..
And
Cynthia Hall. Asst. County Attomey
P.O. Box 1026
KeyWe&t. Fl33041.1026
30_ Entire AQreement: The parties agree that the Agreement above constiMes the entire
agreement between the COUNTY and event sponsor. Except as provided in paragraph 6 of this
Agreement, this Agreement can never be amended or modified except in a writing signed by the
parties hereto.
IN WITNESS WHEREOF. the partles hereto have executed this Agreement the day and year first
above written.
(SEAL)
Attest: DaMy L. K~hage. Clerk
80an:! of County CommIssk>ners
of Monroe Count)<
Deputy Clerk
(CORPORATE SEAl)
Attest
Mayor/Chairman
Miami Swordfish Toum8ment. LLC.
By_
Secretary
~ , ,., . . -;) L'r-'-.-J?> "... = ..JP
By "'\' (; -' < ! C;v. -' (.-(..'-3
~fip/
Date: iV/' / U 7
Print Name
Date:
(if.
(2)
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Print Name;.:J(;-;..;~ I t-G~"'l I L-Zl?5 c!
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Print Name:
Date:
Date;
ISlamorada Swordfish Tournament
FY 2008 Funding
Conlract #: 418
MON~;~,:::~ ArrgRNEY
ASS'S AN' .' A L. r,YG!' -
Oate_'-i. -'f.~t~ATTORNEY
In-County LOQO
The
Floridd Keys
..-
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
Out-ol-County LOQO
The
Floridd Keys
..-
Islamorada Swordfish Tournament
FY 2008 Funding
Contract #: 418
EXHIBIT "A"
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
DESTINATION EVENT BUDGET
BUDGET BREAKDOWN
Line items listed below must be approved by the appropriate agency of record
EVENT NAME: Islamorada Swordfish Tournament
MEDIA PLACEMENT & PRODUCTION COSTS:
newspaper, radio, magazines, TV, website/internet advertising only
$ 21,250
PROMOTIONAL SIGNS: posters/banners
PROMOTIONAL ITEMS: t-shirts, hats, jackets, coozie cups
DIRECT MAIL PROMOTIONS: brochures/pamphlets/postage & shipping
$ 1,000
$ 2,500
$ 750
PROGRAMS:
PUBLIC RELATIONS:
*GEN ERAL NON-ALLOCATED
$
$
$ 2,500
TOTAL
$ 28,000
*GENERAL NON ALLOCATED MAY NOT EXCEED 15% OF THE ABOVE
BUDGET AND CAN ONLY BE UTILIZED FOR ACCEPTABLE TDC ITEMS AS
APPROVED BY THE ADVERTISING AND PUBLIC RELATIONS AGENCY OF
RECORD.
ACTUAL EXPENDITURES MAY DEVIATE NO MORE THAN 10% FROM THE
BUDGETED LINE ITEMS NOTED ABOVE.
Monroe County Tourist Development DestinationrrurnKey Event Application FY 2008