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Item F14 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: NOVEMBER 19, 2008 Division: TDC Bulk Item: Yes X No - Department: Staff Contact PersonlPhone #: Maxine Pacini 296-1552 AGENDA ITEM WORDING: Approval of an Amendment to Agreement with Redbone, Inc. to revise dates and schedule for the Mercury SLAM Celebrity Tournament in an amount not to exceed $11,000, 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 and schedule for the event ST AFF RECOMMENDATIONS: Approval TOTAL COST: $11,000 BUDGETED: Yes X No - COST TO COUNTY: $11,000 SOURCE OF FUNDS: TDC REVENUE PRODUCING: Yes X No ~MOUNTPERMONTH Year APPROVED BY: County Atty ~ ~urc asing -K- Risk Management X DOCUMENT A TION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 11/06 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Redbone, Inc. Contract # - 336 Effective Date: 10/17/07 Expiration Date: 12/31/08 Contract Purpose/Description: Approval of an Amendment to Agreement with Redbone, Inc. to revise dates and schedule for the Mercury SLAM Celebrity Tournament in an amount not to exceed $11 ,000, Two Penny Fishing Umbrella Funding. Contract Manager: Maxine Pacini 3523 TDC # 3 (Name) (Ext. ) (Department/Stop #) for BOCC meeting on 11/19/08 Agenda Deadline: 11/4/08 CONTRACT COSTS J"\'- Total Dollar Value of Contract: $ Current Year Portion: $ 10,000 Budgeted? Yes[gl NoD Account Codes: J 15-75022-530340- T..8$P-076- Y-530480 Grant: $ ($1,000 journaled by Finance from '08) County Match: $ .J., TFg<;07T, 'I - - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out ~ Needed :ifJ' ~' Division Director (' 6' [JfI YesO NolEt ",--'i ' ", '{to. P / Risk Manag~ment* \D ((j{(\ YesO Nd j}J lL ~ ~f!' ~r-\--.-.:- \ -- (0 O.M.B./Purchasing 0 0'% YesD No ~ County Attorney *8 YesO j' C. Hall tc.f,/vV I Comments: ~ see ~ ~)-v OMB Form Revised 2/27/01 Mep #2 & ~-- & & -,., . _____&..I~-~ Fax sent ~ : 385Z%81OO l;ULJift.l Y vr I"1VI'U"MlJt.I __ ~v-~~-oo v~.Jva rl:j' ~ > l i : i AMENDMENT 11$t A.MENDMENT} TO A.GREEMENT I I THIS AMENDMENT to a~reement dated 1M lo'~day Of Ot!.'.:l 2~, is entered into by and batwoen r the Board of County CommiS$io/'\e/'S (ot Monroe C~nty, Florida. a political subdivision of the state of I Florida ("County"). and Redbone, Inc. rEvent SponsQf"). WHEREAS, there wa9 a contract entete<:l into on Octob<< 17, 2007 between the parties, awarding $11,000 tor the productiOn of the Mercury SLAM CeMlbrity TOOOlament in September 2008: and WHEREAS. event cOO/'dil'13tor needed to postpone elJenl due to visitor evacuation for HU((I(',ane Ike, t and change in locations due to the re5C.heduling; t NOW, rHEREfORE, in consideration of th& mutual covenants conta~ hetell'l ttle parties agree to the amended agreement <l8 follOWS: 1. The revised dale of the Meteury S.lAM Celebrity Toumament shall be October 17-19, 200fJ, 2. Exhibit A of the Agreemenl shall be revised and attached hereto. 3, The remaining provisions of the contract dated October 17, 2007 remain in full force and eftect I I IN WITNESS WHEREOF, the parties have set their hands and seal on the day ood year fir6t abOVe wnttM. (SEAL) . Soard of County Commi~ Attest: Danny L. Koflage, Clerk of MOI\toe County Oeputy Clerk Mayor/Chaitman (CORPORATE SEAL) Atteet ~ By, By- Secretary (; vent Sponsor Print Name - Ctl-;Z C (..Ll S P int Name OR TWO WJTNESSES ~ (1). 11/ ,d10)~~L (2) ...L~~-~ -~ (1) /a..',..-- ,.j j,.-- Df /) I!.. \ (2)~ 9u..s,^",- ELL..~ Pont Name' Print Name UONROE COUNTY ATTORNEY ~-tT~ AI'I\CIldmeOl Ii I Y HlA'L. HAlt ' lU:visc dues lIIl4 ~lIedu\.t tOr SLAM ASSISTANT COUNlYtTTORNEV CorMnCl It: .llti Oat8 _ I 0 ; q - "- / Jli'ERCURY S,:;/,.)~,:~\,~, ~ 2008 ,~ -.......-. " ~;~ ?#' ' ,'C PERCURY '~7~~~'~ <..:.. ... ,>' f! . ...." ..- ~./I' S.L.A.M. - ':/~ ;. ~ ../" ~t0....~ ,...-"'" ".7 ..,;;' " /"--," l_;. , ITINERARY Friday" October 17 6:00-8:00 p.m. Registration and reception, Beachside Resort Saturday" October 18 "'GUIDES must check-in with Scorekeeper prior to departure 6:30 a.m. Continental Breakfast, Hurricane Hole Restaurant and Marina, Stock Island 7:30 a.m. Blessing of the Fleet, Boats depart and GO FISHING. 3:00 p.m. Lines out of the water. 3:00-5:00 p.m. Dockside Party, Hurricane Hole Restaurant and Marina 5:00 p.m. """GUIDES must check-in with Scorekeeper before 5:00 p.m. Sunday" October 19 '''GUIDES must check-in with Scorekeeper prior to departure 6:30-7:00 a.m. Continental Breakfast, Hurricane Hole Restaurant and Marina, Stock Island 7:00 a.m. Boats may depart after sign in and GO FISHING! 3:00 p.m. Lines out of the water. Boats must return to the dock by 5:00 p.m. 3:00-5:00 p.m. Dockside Party, Hurricane Hole Restaurant and Marina 500 p.m. '''GUIDES must check in with Scorekeeper before 5:00 p.m. 5:00 p.m. Dockside Awards Party, Hurricane Hole Restaurant and Marina 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 Redbone, Inc. ("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 $11,000 (Eleven Thousand Dollars) for promotion and related expenditures effective October 17, 2007, as described in the event budget, attached hereto as Exhibit 8, for production of the Mercury S.L.A.M. Celebrity Tournament in September, 2008 ("Even!"). 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, Mercury SLAM Celebrity Tournament Fishing Umbrella Funding FY 2008 I 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 SLAM Celebrity Tournament Fishing Umbrella Funding FY 2008 2 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. LOQo: 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 Lauren Bernat or 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 Mercury SLAM Celebrity Tournament Fishing Umbrella Funding FY 2008 3 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: Mercury SLAM Celebrity Tournament Fishing Umbrella Funding FY 2008 4 * $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. IN WITNESS WHEREOF, each oarty has cause~ Agreement to be executed by its duly authorized representative, the _ I'}~ day of :/;V--- ~ 2007. ~- (SEAL) Board of County Commissioners Attest: Danny L. Kolhage, Clerk of Monroe County ~~Q.\.QvA~ ~<?)j(}~ Deputy Clerk / Mayor/Chairman (CORPORATE SEAL) Attest: By. Secretary GAILy eLGL~ / Print Name Print Name OR Z:--r---~?-:- ~ (1 ) Witness t~ eYs lev MONROE COUNTY ATTORNEY ~ l/ut} APPROV AS TO FORM: , Print Name (2) Witness Print Name Mercury SLAM Celebrity Tournament Fishing Umbrella Funding FY 2008 5 In-County LOQO The Florida Keys -.- MONROE COUNTY TOURIST DEVELOPMENT COUNCIL Out-oJ-County Loao The Florida Keys -.- Mercury SLAM Celebrity Tournament Fishing Umbrella Funding FY 2008 6 Jll!ERCURY EXHIBIT A a iOO8 .. MERCURY .' . ,... ". . S.L.A.M 'r c ,:-'. ' '~ ; -, ....4..0 t' --- ,,"! ,'- .., -..-.' - ...<---...........---. ITINERARY '.- -_.. ~~l.:a.._._... ...... September Thursday 6.00 p,m. SUPERFLY Tournament registration and kick-off, CONCH HARBOR. September Friday 6.30 a.m. Continental breakfast, SUPERFLY participants, CONCH HARBOR. 7:00 a.m. Boats depart for SUPERFLY and GO FISHING 2-6:00 p.m S.L.A.M. Registration, Angler/Guide/Celebrity KEYS BALLROOM, CASA MARINA RESORT 2-6:00 p.m. Boutique and Silent Auction Previewing KEYS BALLROOM, CASA MARINA RESORT - open to public 3:00 p.m. Lines out of the water - SUPERFLY Tournament. 5:00 p.m. ".Guides for SUPERFLY Tournament must check-in with Scorekeeper prior to 5:00 p.m. .. 5:00 p.m. SUPERFLY Awards CONCH REPUBLIC SEAFOOD CO. 6:00 p.m. Cocktail Reception, KEYS BALLROOM, CASA MARINA RESORT 7:15 p.m. Rules Meeting, Anglers and Guides, KEYS BALLROOM, CASA MARINA RESORT 7:30 p.m. MERCURY MARINE/AcfJon""'~~ Kick-Off Dinner, and LIVE AUCTION, KEYS BALLROOM, CASA MARINA RES RT September Saturday ."GUIDES must check-in with Scorekeeper prior to departure 6:30 a.m. Continental Breakfast for U.A.M. participants, Dockside, CONCH HARBOR. 7:00 am Blessing of the Fleet, Boats depart and GO FISHING 10 a.m. -5 p.m Boutique/Silent Auction on display - open to public. KEYS BALLROOM, CASA MARINA RESORT. 3:00 p.m. Lines out of the water. 3-5:00 p.m Dockside Party, meet the celebrities at CONCH HARBOR. 5:00 pm "'GUIDES must check-In with scorekeeper before 5:00 p.m. 5:00 p,rn. Silent Auction Cocktaill-'arty - open to public. KEYS BALLROOM, CASA MARINA RESORT. 7:00 p.m. Silent Auction Closes. September Sunday '''GUIDES must check-in with Scorekeeper prior to departure 6 :30 am Continental Breakfast for S.L.A.M. participants, Dockside, CONCH HARBOR. Boats may depart after sign In and GO FISHINGI 300 p.m, Lines out of the water. 3.5:00 p,m. Celebrity Dockside Party, CONCH HARBOR. 5 :00 p.m. '''GUIDES must check In with Scorekeeper prior to 500 p.m 7:00 pm Cocktail Party, VERANDA, GRAND BALL ROOM. 8 :00 prn Awards Banquet, KEYS BALLROOM, CASA MARINA RESORT. 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 SLAM Celebrity Toumament MEDIA PLACEMENT & PRODUCTION COSTS: newspaper, radio, magazines, TV, websltellntemet advertising only PROMOTIONAl SIGNS: posters/banners PROMOTIONAL ITEMS: t-shlrts, hats, jackets, koozle cups $ 1,000.00 DIRECT MAIL PROMOTIONS: brochures/pamphletsl postage & shipping PROGRAMS: $ 5,350.00 PUBLIC RELATIONS $ 3,000.00 *TROPHIES: $ 1,65000 -GENERAL NON-ALLOCATED TOTAl: $ 11,000.00 * TOURNAMENTS CANNOT EXCEED MORE THAN 300/0 OF THE TOTAL BUDGET IN TROPHY LINE ITEM EXCEPT WHEN TOURNAMENTS RECEIVED SPECIAL APPROVAL FROM FKFT, INC. BOARD OF DIRECTORS. 315197 -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. ~ EdiU. MONROE COUNTY, FLORIDA Request For Waiver of Insurance Requirements It is requested that the i.osurw1ce ~ as speci:lied in the County's Schedule of IDsuranl:e Requirements, be waived 01' modified on the foDowina contract. Contractor: See Event Attachment - FISHING Naae ofl:adty: f?pJ~ { v1.C , NlIDIe of Eveat: ,'1~~ ,5L 114M Cefekr:~ 1Ovn1~ CoDtrad lor: Services Address of Coatraetor: C/O TDC AU: Maxine ~ae: 30S-2~lS52 Seope or Work: Advertisi.ng and Promotion Reaoa for WaiYer: Providina: funtk to DI'OJDOte event onlv.... MinimAl ~ to county PoHeieI WaIYer w8I apply to: See Attached ~ofc..u..-~~ ~~ ~ A~ed ~ / Not Approved , \ ,'^ ( IUsk Ma \ ) , / . ' _.. - ') nace-eat: \ , ' '-' < . u ' . , . ) -/ ) 'I /' .. Date: ~c.. \ --, \ I COIIDty AdmiaktratoJ' Appeal: Appt'OTed Not Approved Date: BoIInI of Coaaty Co..luioaen Appeal: Approved Not Approved MeetJna D.te: Ad.inistratiola '1Uf.r1actWII 1#4709.2