Item D09BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: DECEMBER 17, 2008
Division: TDC
Bulk Item: Yes X No _ Department:
Staff Contact Person/Phone #: Maxine Pacini
296-1552
AGENDA ITEM WORDING:
Approval of an Amendment to Agreement with Redbone, Inc. to revise date of the Mercury Baybone
Celebrity Tournament to October 2008, in an amount not to exceed $7,000, Two Penny Fishing
Umbrella Funding.
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION:
BOCC approved original Agreement at their meeting of October 17, 2007
CONTRACT/AGREEMENT CHANGES:
Amendment to revise date of event
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $7,000 BUDGETED: Yes X No
COST TO COUNTY: $7,000 SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year
APPROVED BY: County Atty X B/Purchasing X
DOCUMENTATION: Included X Not Required
DISPOSITION:
Revised 11 /06
Risk Management X
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Contract with: Redbone, Inc.
CONTRACT SUMMARY
Contract #
Effective Date:
Expiration Date
TDC ID#: 338
10/ 17/07
12/31/08
Contract Purpose/Description:
Approval of an Amendment to Agreement with Redbone Inc. to revise date of the
Mercury Baybone Celebrity Tournament to October 2008, in an amount not to exceed
$7,000, Two Penny Fishing Umbrella Funding.
Contract Manager: Maxine Pacini 3523 TDC # 3
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 12/17/08
Deadline: 12/2/08
CONTRACT COSTS
Total Dollar Value of Contract: $ 7,000 Current Year Portion: $
Budgeted? Yes® No ❑ Account Codes: 115-75022-530340-T85F-080-X-530480
Grant: $
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.
CONTRACT REVIEW
Changes I
Date Out
Division Director
D t In
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Needed
Yes[:]No�
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Risk Manag ment�1
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O.M B./P hl"'
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Yes❑ NoE ���s_
County Attorney
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Yes[:] No�a' C. Hall
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I Comments:
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THIS AMENDMENT to agmement dated the � day of 1`1 J J 2008, is enhored into by and betvdoen
the Board of County ComeMssiorws for Monroe County. Florida, a political uA)ff ision of the state of
Florida ("County), and Racoons. Inc. (-Event Sponsor').
WHEREAS. there was a contract entered into on October 17. 2007 betweon the parties, awarding
$7.000 for the production of the MerwrY SaYbone Calebrlty Touffarnent In September, 2008; and
WHEREAS. it has become necessary to ravine the date of the event due b an error in Original
application date; and
NOW, 'rHEREFORF- in considaraatlon of Ow mutual oovenants aanbMnad heroin the parties agree to
the a nerwW agernent ea fO4Mw:
1. Paragraph 1 of ttw Agreement shall be revised to read: County shad pay a sum not to exceed $7.000
for promotion and related exper4koes for the production of the Mercury Baybone Colebslty Tournament in
October, 2M.
2. A i rohrenoea within the Agroanunt to Septomber. 2008 ahead beOoms October, 2006.
3. j he renrrektinp provisions cif the oorgr act dated October 17. 2007 remain in full force and effect
IN WrrMSS WHEIWOF, tau part9m have set their hands and seal on the day and year first above
written.
(SEAL)
AtmGt: Danny L. Komape. CAP&
Do" a0*
(t ;ORPOkATE SEAL)
Attest
SGOVtary
PrW Nam
OR TWO WITNESSES
(1)
9owd of County C.ammmooners
of Monme County
Mayor/Chohnan
Redbaf^.I
ay SIX
Print Name
Pnni Name P" Name
MONROE COUNTY ATYOARF-Y
AP O�Q Pg O
.�� �. x..
Arom�tenr>rt NTY T'roRK�r
Rovist now of Mmr.. Hayboea Celebrity Tourso ncmn Ag$t$7 N� (C0�1
Ck"am M: 330 Date , .+�----}-
ASSISTANT COUNTY aTfORNEY
Revise name of Memory 8syboac Ccjcbnty Tounu nmtt DeatO 3 0
ram.....,,, 0 410
FUNDING AGREEMENT
THIS AGREEMENT is made and entered into by and between Monroe County,
Florida, a political subdivision o�th ate of Florida ("County"), and Redbone, Inc. ("Event
Sponsor") on this %=3y of _�_ 2007.
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 $7,000 (Seven 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 Mercury Baybone Celebrity
Tournament in September, 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
Mercury Baybone Celebrity Tournament
Fishing Umbrella Funding FY 2008
Contract /D#: 338
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 December 31, 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 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 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.
Mercury Baybone Celebrity Tournament
Fishing Umbrella Funding FY 2008
Contract ID#: 338
I
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.
Mercury Baybone Celebrity Tournament
Fishing Umbrella Funding FY 2008
Contract lD#: 338
3
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 Sponsors 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:
Mercury Baybone Celebrity Tournament
Fishing Umbrella Funding FY 2008
Contract ID#. 338
4
$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
A O
n ccunence 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.
(SEAL)
Attest: Danny L. Kolhage, Clerk
Deputy Clerk
(CORPORATE SEAL)
Attest:
By,
Secretary
Print Name
OR
(1) Witness
Print Name
(2) Witness
Print Name
Mercury Baybone Celebrity Tournament
Fishing Umbrella Funding FY 2008
Contract ID#: 338
Board of County Commissioners
of oe Go y
Mayor/Chairman
Redbone, Inc.
vent Sponsor
Print Na e
Date: G /z Z � v
MONROE"E: NTY ATTORNEY
APPROV'AS T QRM:
SUSAN M. GRI SLEY
Date t_ )
ASSISTANATTORN
T COUNTY EY
✓_u � �i'�� ,� �
„/
5
In -County Logo
The
Florida Keys
& Key�Iest0 0 0 0 * dS YOU afe
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
Out -of -County Logo
The
Florida Keys
& Keyest
. come as you are
Mercury Baybone Celebrity Tournament
Fishing Umbrella Funding FY 2008
Contract tD#: 338
6
MERICURY
r
tIt Nll•1/'�t111t
2CCS
MERCURY
QAyQONE
ITINERARY
September Thursday
7:00 p.m. FLORIDA KEYS 40,n' SUPERFLYTournament registration and kick-off dinner,
Dove Creek Lodge; Snappers Waterfront Restaurant.
September Friday
EXHIBIT A
6.30 a.m. Continental Breakfast, FLORIDA KEYSv r MPERFLY participants.
Dove Creek Lodge'Snappers Waterfront Restaurant.
7:00 a.m.
Boats depart for FLORIDA KEYS._i/�be SUPEMY and GO FISHING.
2-6:00 p.m.
DAYUC%F Registration, Angler/Guide/Celebrity.
Dove Creek Lodge/Snappers Waterfront Restaurant.
2-5:00 p.m.
Silent Auction Previewing. Dove Creek Lodge/Snappers Waterfront Restaurant.
3:00 p.m.
Lines out of the water - FLORIDA KEYS • _ ftf erfVPERaY Tournament.
5:00 p m.
"' GUIDES for FLORIDA KEYS vqi/ effu/PEXqY Tournament must check -in with
Scorekeeper prior to 5:00 p.m.-
6:00 p.m.
Cocktail Reception. Dove Creek Lodge"Snappers Waterfront Restaurant.
6:30 p.m.
Guides and Anglers Rules Meeting, Dove Creek Lodge:Snappers Waterfront Restaurant.
7:00 p.m.
MERCURY MAR/NE,_Alt ova —Croft KICK-OFF DINNER.
Dove Creek Lodge/Snappers Waterfront Restaurant.
8:00 p.m.
Live Auction.
September
Saturday "' GUIDES must check -in with Scorekeeper prior to departure.
6:30 a.m.
Continental Breakfast for Anglers, Guides, Celebrities and Guest.
Dove Creek Lodge:Snappers Restaurant.
7:00 a.m.
Blessing of the Fleet, Boats depart and GO FISHING.
Dove Creek Lodge/Snappers Restaurant.
3-5:00 p.m.
Dockside Party, meet the celebrities. Dove Creek Lodge,'Snappers Waterfront Restaurant.
5:00 p.m.
"'GUIDES must check -in with Scorekeeper prior to 5:00 p.m."'
September Sunday "'GUIDES must check -in with Scorekeeper prior to departure
6:30 a.m.
Continental Breakfast. Dove Creek Lodge Snappers Waterfront Restaurant.
7:00 a.rn.
Boats may depart after sign in and GO FISHING.
3:0C p m
Lines out of the water.
3-5:00 p.m.
Celebrity Dockside Party, Dove Creek Lodge Snappers Waterfront Restaurant.
5:00 p.m.
—GUIDES must check -in with Scorekeeper prior to 5:00 p.m."'
T00 Rrn
Cocktail Party and Silent Auction, Dove Creek Lodge Snappers Waterfront Restaurant.
8 OC p n,.
Silent Auction Closes. Awards Banquet,
Dove Creek Lodge,Snappers Waterfront Restaurant.
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: Mercury Baybone Celebrity Tounament
MEDIA PLACEMENT & PRODUCTION COSTS: newspaper, radio, magazines,
TV, website/internet 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
$3,000.00
$2,000.00
$1,000.00
TOTAL: $7,000.00
* 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. 315/97
"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.
19% Editiow
MONROE COUNTY, FLORIDA
Request For Waiver
of
Insurance Requirements
It is rued that the insurance requirements, as specified in the Cmmy,s Scheduk of 1nSiH' =
Itequiremmts, be waived or modified on the following contract.
Contractor See Event Attachment - FISMG
None of Entity:
Nome of Event:
Contract for. Smim
Addrem of Contractor: C/O TM Ate: Maxine
Prone: 345.2W1552
Seope of Woric: Adypgignsr and Pmotion
Rauon tor' Waiver: Provide M fiords to aromote event only,., NnimW to
county
Poliein Waiver will
apply to: See Attached
Signature of Contractor:
Approved f�/v- Not Approved
Risk Ma =
nagenent:
Date:
County Adninist rotor Appeal:
Approved —
Date:
Board of County Commissioners Appeal:
Approval
Meetlrtg Dote:
Administrathm instruction
#4709.2
Not Approved
Not Approved