FY2005..10/20/2004 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
October 25,2004
TO:
Lynda Stuart, Office Manager
Tourist Development Council
FROM:
Maxine Pacini
Administrative Assistant
Pamela G. Hanc~
Deputy Clerk
ATTN:
. At the October 20, 2004, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the Fishing Umbrella Funding Agreements between Monroe
County and the following: Betty Bauman covering Ladies, Let's Go Fishing on October 16, 2004
in an amount not to exceed $2,500, Two Penny Fishing Umbrella Funding; Islamorada Charter
Boat Association, Inc. covering the Islamorada Sailfish Tournament on December 2-5,2004 in an
amount not to exceed $6,000, Two Penny Fishing Umbrella Funding; Jack Curlett covering the
Ocean ReefBTU Backbone Classic on December 6-8, 2004 in an amount not to exceed $4,000,
Two Penny Fishing Umbrella Funding; Tammie Gurgiolo covering the Don Gurgiolo Sailfish
Classic on December 10-12, 2004 in an amount not to exceed $2,800, Two Penny Fishing
Umbrella Funding; Tammie Gurgiolo covering the Islamorada Junior Sailfish Tournament on
December 17-19, 2004 in an amount not to exceed $1,600, Two Penny Fishing Umbrella
Funding; Captain Tom Hamilton covering the Key Largo Sailfish Challenge on June 7-9, 2005 in
an amount not to exceed $4,000, Two Penny Fishing Umbrella Funding; Daniel Greg Gore
covering the 2nd Annual John Muscarello Kingfish Tournament on January 15-17,2005 in an
amount not to exceed $1,500, Two Penny Fishing Umbrella Funding; Murray Marine, Inc.
covering the Hogs Breath King Mackerel Tournament on January 21-23, 2005 in an amount not
to exceed $12,000, Two Penny Fishing Umbrella Funding; Holiday Isle Resort & Marina covering
the 20th Annual Holiday Isle Sailfish Tournament on January 14-16, 2005 in an amount not to
exceed $3,325, Two Penny Fishing Umbrella Funding; Tammie Gurgiolo covering the Islamorada
Women's Sailfish Tournament on February 4-6, 2005 in an amount not to exceed $2,000, Two
Penny Fishing Umbrella Funding; Captain Terry Fisher covering the 7th Annual Capt. Leon Shell
Memorial BiIIfish Tournament on February 18-19,2005 in an amount not to exceed $7,000, Two
Penny Fishing Umbrella Funding; Key West Fishing Tournament, Inc. covering the Key West
Fishing Tournament between March 2005 and November 2005 in an amount not to exceed
$43,475, Two Penny Fishing Umbrella Funding; Charlotte Ambrogio covering the Del Brown
Invitational Permit Tournament on March 8-11, 2005 in an amount not to exceed $2,500, Two
Penny Fishing Umbrella Funding;Jim Boker covering the Islamorada All-Tackle Spring Bonefish
Tournament on March 15-18, 2005 in an amount not to exceed $2,000, Two Penny Fishing
Umbrella Funding; Dove Creek covering Ghost Hunt on April 1-2, 2005 in an amount not to
exceed $5,000, Two Penny Fishing Umbrella Funding; The Redbone, Inc. covering the Mercury
Redbone @ Large Sunset Tarpon Tournament on April 2-3, 2005 in an amount not to exceed
$5,000, Two Penny Fishing Umbrella Funding; Executive Adventures, Inc. covering the World
Sailfish Championship on April 11-16, 2005 in an amount not to exceed $33,325, Two Penny
Fishing Umbrella Funding; David M. Navarro covering the 29th Annual Ladies Tarpon
Tournament on April 23-24, 2005 in an amount not to exceed $5,000, Two Penny Fishing
Umbrella Funding; The Redbone, Inc. covering the Key West Classic on April 27-30, 2005 in an
amount not to exceed $18,475, Two Penny Fishing Umbrella Funding; David M. Navarro
covering the 39th Annual Marathon International Tarpon Tournament on May 5-7, 2005 in an
amount not to exceed $7,000, Two Penny Fishing Umbrella Funding; Phoenix Programs of
Florida, Inc. covering the Phoenix House Fishing Tournament on May 12-15, 2005 in an amount
not to exceed $2,500, Two Penny Fishing Umbrella Funding; Charlotte Ambrogio covering the
Islamorada Tarpon Rodeo on May 13-15,2005, in an amount not to exceed $2,000, Two Penny
Fishing Umbrella Funding; and Clear Channel Radio covering the Dolphin Masters Invitational on
May 28, 2005 in an amount not to exceed $1,500, Two Penny Fishing Umbrella Funding;
Enclosed are two copies of each of the above-mentioned for your handling. Should you
have any questions please do not hesitate to contact this office.
cc: County Administrator w/o documents
County Attorney
Finance
File
FUNDING AGREEMENT
THIS AGREEMENT is made and entered into by and between the Board of
County Commissioners of Monroe County, Florida, (hereinafter referred to as the "County")
and Jim Boker. (Hereinafter referred to as "Event Sponsor");
WHEREAS, 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;
THEREFORE; in consideration of the mutual promises contained herein, the parties
agree as follows:
1. County shall pay a sum not to exceed $2,000 (Two Thousand Dollars) for
promotion and related expenditures, as described in the event budget, attached hereto as
Exhibit B, for production of the Islamorada All-Tackle Spring Bonefish Tournament on March
15-18, 2005. Payment will be made only after Event Sponsor submits invoices and support
documentation acceptable to the County's Finance Department. 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 an Umbrella event budget may be utilized for unforeseen
permissible expenditures and for those budget lines that may require additional funds. Monroe
County's performance and obligation to pay under this agreement is contingent upon an
annual appropriation by the County.
2. 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 said event. Event
sponsor fully understands that funding is obtained from tourist development taxes for which the
fiscal year ends September 30, 2005. Event sponsor also understands that the funding
process through which this contract was made available by County requires event sponsors to
submit their payment requests as quickly as possible and to finalize all such requests before
the end of the fiscal year, if at all possible. 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 by September 30, 2005, 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 September 30, 2005, except that for
events with promotional expenditures incurred between July 1 and September 30, 2005,
invoices must be submitted within ninety (90) days of the conclusion of the event.
3. 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
Fishing Umbrella Funding FY 2005
1
entitlement to or benefit of any service or program contemplated hereunder, and the County
and the Contractor agree that neither the County nor the Contractor 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.
4. Event Sponsor shall reimburse County for any amount of funds expended by
County in connection with an event which does not occur as a result of any act or omission by
Event Sponsor.
5. 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 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.
6. Event Sponsor shall maintain records pursuant to generally accepted accounting
principles for three (3) years after the event and shall permit County and its agents and
employees access to said records at reasonable times.
7. 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.
8. 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.
9. 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.
10. 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,
Fishing Umbrella Funding FY 2005
2
for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor list.
11. Logo: All promotional literature and advertising must display the "The Florida
Keys & Key West, Monroe County Tourist Development Council, Come as You Are",
logo/trade mark adopted by the TDC and County on November, 2000 (as per attached).
Radio Advertising should read "Brought to you by the Monroe County Tourist Development
Council". No reimbursement or direct payment will be considered unless this logo/trade mark is
utilized.
12. 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 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
Fishing Umbrella Funding FY 2005
*
3
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 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.
IN WITNESS WHEREOF, each party has caused thi~ Agreement to be executed by its
duly authorized representative, the 21))fff day of C;C: /- .2004.
(SEAL)
Attest: Danny L. Kolhage, Clerk
Board of County Commissioners
of Monroe County
G.d~~
DepUty Clerk
~h~i~
Jim Boker
Witnesses:
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Fishing Umbrella Funding FY 2005
4
EXHIBIT "A"
FLORIDA KEYS FISHING TOURNAMENTS, INC.,
TOURNAMENT SCHEDULE OF EVENTS
FISCAL YEAR 2004-2005
Islamorada All-Tackle Spring Bonefish Tournament
PRINT TOURNAMENT NAME
March 15, 2005
DAY 1
____:_____AM LINES IN WATER
____:_____PM LINES OUT OF WATER
____:_____PM EVENING EVENT
____:_____PM WEIGH-IN OVER
6:30 PM OTHER EVENT Kickoff Dinner
March 16, 2005
DAY 2 7:30 AM LINES IN WATER
---- -----
3:30 PM LINES OUT WATER
---- -----
4:00 PM EVENING EVENT
---- -----
5:00 PM WEIGH-IN OVER
---- -----
---- ----- PM OTHER EVENT
March 17, 2005
DAY 3 7:30 AM LINES IN WATER
---- -----
3:30 PM LINES OUT WATER
---- -----
4:00 PM EVENING EVENT
---- -----
5:00 PM WEIGH-IN OVER
---- -----
5:00 PM OTHER EVENT Angler & Guide Meeting
---- -----
March 18, 2005
DAY 4 7:30 AM LINES IN WATER
---- -----
3:30 PM LINES OUT WATER
---- -----
4:00 PM EVENING EVENT
---- -----
5:00 PM WEIGH-IN OVER
---- -----
7:00 PM OTHER EVENT Awards Dinner
---- -----
EXHIBIT "B"
BUDGET BREAKDOWN
FLORIDA KEYS FISHING TOURNAMENTS, INC.
OCTOBER 1, 2004 TO SEPTEMBER 30, 2005
ISLAMORADA ALL-TACKLE SPRING BONEFISH
---------------------------------------------------------
MARCH 15-18, 2005
DIRECT MAIL & POSTAGE $
BROCHURES, POSTERS,
PROGRAMS, PATCHES $
TROPHIES $ 600.00
PHOTO PROGRAM $
MEDIA ADVERTISING $
T-SHIRTS, CAPS, JACKETS $ 1,400.00
*GENERAL NON-ALLOCATED $
$ 2,000.00
*GENERAL NON-ALLOCATED IS NOT TO EXCEED 15% OF THE
TOURNAMENTS TOTAL BUDGET.
*TOURNAMENTS CAN NOT EXCEED MORE THAN 30% OF THE
TOTAL BUDGET IN TROPHY LINE ITEM EXCEPT WHEN
TOURNAMENTS GET SPECIAL APPROVAL FROM FKFT, INC.
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MCTG-3125 New Logo Slick L01
1996 Editioa
MONROE COUNTY, FLORIDA
Request For Waiver
of
Insurance Requirements
It is requested that the insurance requirements, as specified in the County's Schedule of Insurance
Requirements, be waived or modified on the following contract.
Contractor: See Event Attachment
-;J:~ go~
Name of Event: ...::r::::51/)fANfL"'>n"~
Name of Entity:
Contract for: Services
~{~-cJL ~~
T~
Address of Contractor:
c/o mc Att: Maxine
Phone: 305-296-1552
Scope of Work: Advertising and Promotion
Reason for Waiver: Providing funds to promote event only. . .. Minimal exposure to
county
Policies Waiver will
apply to: See Attached
Signature of Contractor:
Approved
~
Risk Management: .
6//1/0 tj
Date:
County Administrator Appeal:
Approved
Not Approved
Date:
Board of County Commissioners Appeal:
Approved
Not Approved
Meeting Date:
Administration Instruction
#4709.2