FY1997-FY1999 02/21/1996BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (3OS)
FAX (305) 289.174~
CLERK OF 'THE CIRCUIT COURT
MONROE COUNTY
~00 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX O0S) 2~-366o
MEMORANDUM
Lynda M. Stuart, Office Manager
Tourist Development Council
FROM:
Ruth Ann Jantzen
Deputy Clerk
DATE:
March 11, 1996
BRANCH OFFICE
88820 OVERSE~ HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (3O5) 852-7145
FAX (305) 852-~146
At the February 21, 1996 County Commission Meeting, the Board granted
approval and authorized execution of a Fishing Umbrella Contract between Monroe
County and Florida Keys Fishing Tournaments, Inc., in an amount not to exceed
??.~,000.00 for a period of three years, commencing October 1, 1996 and terminating
September 30, 1999.
Enclosed please find two duplicate originals of the above document; one for
return to your provider, and one for your files. If you have any questions, please do not
hesitate to contact this office.
CC:
County Attorney
Finance - Karin Goddard
County Administrator, w/o document
File
FISHING UMBRELLA CONTRACT
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THIS AGREEMENT is entered into this 7..1~ay of Fff5eUIU~Y
1993, by and between the BOARD OF COUNTY COMMISSIONERS, Monroe County,
Florida, hereinafter referred to as the SOCC and FLORIDA KEYS FISHING
TOURNAMENTS, INC., hereinafter referred to as FKFT;
W1TNESSETH
WHEREAS, the County wishes to enter into this agreement with FKFT, so that
FKFT will act as a County wide Fishing Umbrella to make recommendations to the TDC
and SOCC concerning funding for Tourism related Fishing activities,
1. Term: The term of this Agreement is for a period of thirty-six (36) months
commencing October 1.1996 and terminating September 30. 1999.
Scope of Services: FKFT will provide the following services:
A. FKFT shall budget and coordinate with respect to fishing, with the
Florida Keys, the following:
1. All national media advertising for Florida Keys Fishing
events and promotions.
All public relations for all Florida Keys Fishing events and
promotions.
FKFT shall estabUsh a photo program to distribute to national trade
and consumer publications, photos to represent award winners and
media attractive fishing photos.
FKFT shall establish and administer policies and procedures which
will distribute OIl an equitable district-wide basis those monies
recommended for all qualified fishing activities. FKFT will accept
applications on a semi-annual basis.
The Fishing Umbrella shall solicit sponsors for programming and
events to contribute sponsorship funds toward the operating
expenses for member fishing events and activities. No TDC funds
will be used to cover administrative or operating costs. When
corporate sponsorship funding exceeds $500,000.00 per fiscal
year, the contract will be subject to renegotiating limited only to
budgetary constJaints.
All Fishing Umbrella meetings will be open to the public and
properly noticed, the same rules as required for all governmental
meetings under F.S. 286.011.
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F. FKFT shall provide research information and contribute statistics
and scientific information for conservation and other fishing
resource management to demonstrate resource management for
future generations and maintain economic resources.
G. Monroe County SDCC and TOC will fund through its Advertising
and Public Relations agencies of record costs of promotion and
advertising: (a) directly to vendors upon receipt of properly
approved invoices or (b) reimburse FKFT and/or its members upon
receipt of properly approved paid invoices and evidence of
payment subject to availability of funds.
H. Composition - See Exhibit A.
3. Funding: a) The SDCC anticipates that up to $446.000.00 will be
allocated to tourism-related fishing activities per year. Of said amount the
allocation between promotion and Events shall be at the discretion of the
SDCC upon recommendation by the TOe, approved at the beginning of
the contract and, thereafter, at the beginning of each fiscal year of the
contract. The recommendations of the Fishing Umbrella Committee shall
be submitted to the TOC for consideration prior to adoption of TOC annual
budget each year, but FKFT has no final authority to require TOC to adopt
its recommendations. TOC will then make recommendations to the SOCC
for allocation of funds for approval, requiring individual contract to be
entered by each recipient. (See Attached) Monroe County's performance
an d obligation to pay under this contract is contingent upon an annual
appropriation by the SOCC.
4. Termination: The contract can be terminated by either party without cause
with 120 days notice. SDCC may terminate immediately for cause
pursuant to paragraph 7, below. If not otherwise terminated, the contract
shall end on September 30. 1999.
5. Accounting: Records of FKFT pertaining to this project shall be kept on
generally recognized accounting principals, acceptable to Monroe County,
and shall be available to the SOCC or to an authorized representative for
audit.
6. Modification: Additions to, modification to or deletions from the provisions
set forth in this contract shall be effective only in writing and approved by
SDCC.
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7. Breach of Services: The parties agree to full performance of the
covenants contained in this contract, and the BOCC reserves the right at
its discretion, provided such breach is material, to terminate the services
provided in this ccntract for any misfeasance, malfeasance, or
nonperformance of the contract terms or negligent performance of the
contract terms by FKFT.
8. Indemnification and Hold Harmless: FKFT agrees to indemnify and
hold Monroe County and the Monroe County Tourist Development Council
harmless for any and all claims, liability, losses and causes of action
which may arise out of its fulfillment of the agreement. It agrees to pay all
daims and losses, including related court costs, and shall defend all suits
filed due to the negligent acts, errors or omissions of FKFT employees
and/or agents.
9. Taxes: The BOCC and TDC are exempt from Federal Excise and
State Florida Sales Tax.
10. Finances Charges: The SOCC and TDC will not be responsible for any
finance charges.
11. Relation of BOCCfTDC: It is the intent of the parties hereto that FKFT
shall be legally considered as an independent contractor and that neither
it nor its employees or agents shall, under any circumstance, be
considered servants or agents of the BOCC and TOC shall at no time be
legally responsible for any negligence on the part of said successful
proposer, its employees or agents, resulting in either bodily or personal
injury or property damage to any individual, firm, or corporation.
12 Disclosure: FKFT shall be required to list any or all potential conflicts of
interest, as defined by Florida Statute 112 and Monroe County Ethics
Ordinance. FKFT shall disclose all actual or proposed conflicts of interest,
financial or otherwise, direct or indirect, involving any client's interest
which may conflict will the interests of the BOCC and TDC.
13. Assignment: FKFT shall not assign, transfer, convey, sublet or otherwise
dispose of this proposal, or of any or all of its right, title or interest therein,
or his or its power to execute such contract to any person, company or
corporation without prior consent of the SOCC and TOC.
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14. Compliance with laws - Nondiscrimination: FKFT 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 Agreemem.. This Agreement shall be subject to all federal,
state, and local laws and ordinances.
15. Force Majeure: FKFT 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 enemy,
epidemic, quarantine restriction, accident, fire, explosion, storm, flood,
drought or other act of God, act of any governmental authority,
jurisdictional action, or insufficient supply of fuel, electricity, or materials or
supplies, or technical failure where FKFT has exercised reasonable care
in the prevention thereof, and any such delay or failure shall not constitute
a breach of this Agreement
16. Governing lawNenue: This Agreement shall be governed and
construed by and in accordance with the laws of the State of Florida and
constitutes the entire agreement between the soee and TOe and FKFT.
Venue of any court action filed relative to this agreement shall lie in
Monroe County, Florida.
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17. Antisolicitation: FKFT warrants that no person has been employed or
retained to solicit or secure this contract upon an agreement or
understanding for a commission, percentage, brokerage, or contingent fee
and that no member of the Monroe County government or the TDC has
any interest, financially or otherwise in FKFT or its subcontractors.
18. Severability: If any provision of the Agreement shaD be held by a Court of
competent jurisdiction to be invalid or unenforceable, the remainder of this
Agreement, or the application of such provision other than those as to
which it is invalid or unenforceable, shall not be affected thereby; and
each provision of the Agreement shall be valid an enforceable to the
fullest extent permitted by law.
19. Notice: Any notice required or permitted under this Agreement shall
be in writing and hand-delivered or mailed, postage prepaid by certified
mail, return receipt requested, to the other party as follows:
ForFKFT
Capt. Jim Sharp
Florida Keys Fishing Tournaments Inc.
Jg. Ship's Way
Big Pine Key, FL 33043
To TOC/County:
Administrative Office
MCTOC
3406 N. Roosevelt Blvd., Suite 201
Key West, FL 33040-4266
TDC/County shall give notice to Provider of any meetings on which is an
agenda item pertaining to Fishing Umbrella.
20. Ethics Clause: Contractor warrants that he/it has not employed retained
or otherwise had act on his/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 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.
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21. "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 I 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."
IN WITNESS WHEREOF, the parties have executed this agreement the day and year
first above written.
(SEAL)
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IDA KEYS FISHI,
URNAMENTS, INC.
(SEAL) DANNY L. XOUfAGE, CIeri
Attest:
//-ur..4J~f'~J
Clerk
M~~fo~
COUNTY COMMISSIONERS
Date:
/
Approved as to form and legal sufficiency:
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APPROPRIATIONS COMMITTEE
FISCAL YEAR 1996
CHAIRMAN - JIM SHARPE
DISTRICT 1 FINDLAY SINCLAIR
DISTRICT 2 JIM SHARPE
DISTRICT 3 EARL CANTRILL
DISTRICT 4 GARY ELLIS
DISTRICT 5 LAURA MALES
ALTERNATES MICHAEL CURRIE
BRETT TAPOROWSKI
EXHIBIT A
APPROPRIATIONS COMMITTEE
The Recommendation Committee of the FKFT Fishing Umbrella is comprised of five (5)
members, with one member representing each of the five TDC districts throughout the
Florida Keys. Each member shaH be engaged in business in the district which said
member represents, such business being related to the fishing industry. The members
shall be appointed by FKFT and confirmed by the TDC and SOCC.
As of the commencement of the contract effective October 1, 1996, the members shall
be:
District I
ROGER BAKER
District !I
JIM SHARP
District 1/1
GARY CORTWRIGHT
District IV
LARRY DUKEHART
District V
CHARLES WETTER MAN
Upon the cessation of operations of a member's fishing related business in the District
for which appointed, a member shall be immediately terminated from the
Recommendation Committee and FKFT shall appoint a replacement and process the
appointment for TDC and soce approval. Additionally, FKFT may request approval
from TDC and SOCC for a replacement member of the Recommendation Committee
for any reason it deems appropriate.
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FL. KEYS FISHIHG TOURH. 3958729694
P.92
EXHIBIT A
FLORIDA ~BYS PISRING TOURNAMBNTS, INC.
BUDGBT .OR FISCAL YEAR 1995-"
Tinsley A4vertisinq
Advitorial Maqazine Coverage
IGFA, Conventions' Meetings,
continqency
$175,000.00
Stuart Newman Associates
PUblic Relations
$ 25,000.00
Tournament Appropriation
$229,800.00
Photo proqrulI
District U
$ 10,000.00
Continqency
$ 6,200.00
$446,000.00