FY1994-FY1996 09/08/1993
FISHING UMBRELLA CONTRACT
THIS AGREEMENT is entered into this gin day of J-#..jO-I-.
,1993, by and between the BOARD OF COUNTY COMMISSIONERS, Monroe
County, Florida, hereinafter referred to as the BOCC and FLORIDA KEYS FISHING
TOURNAMENTS, INC., hereinafter referred to as FKFT;
WITNESSETH
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 BOCC concerning funding for Tourism related Fishing activities,
1. nmrr The term of this Agreement is for a period of thirty-six (36) months
commencing October 1. 1993 and terminating September 30. 1996.
2. 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.
2. All publiC relations for all Florida Keys Fishing events and
promotions.
-,~
B. FKFT shall establish a photo program to dis!!ibute to~atiorial
trade and consumer publications, photos to'represeg~ aw~d
,-r:
winners and media attractive fishing photos. -cJ_
1'-) .
C. FKFT shall establish and administer policies and pr~edures
which will distribute on an equitable district-wide ba$.H; thQ$e
monies recommended for all qualified fishing activities. ~FT-MII
accept applications on a semi-annual basis.
D. 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 constraints.
E. 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.
1
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 BOCC 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 BOCC anticipates that up to four hundred and six
thousand dollars ($406,000.00) 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 BOCC upon
recommendation by the TOC, 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 BOCC
for allocation of funds for approval, requiring individual contract to be
entered by each recipient. (See Attached)
4. Termination: The contract can be terminated by either party without
cause with 120 days notice'. BOCC may terminate immediately for cause
pursuant to paragraph 7, below. If not otherwise terminated, the contract
shall end on September 30. 1996.
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 BOCC 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 BOCC.
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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 contract 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 claims 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 BOCC and TOC will not be responsible
for any finance charges.
11. Relation of BOCCrrOC: 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 TDC 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 with 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 BOCC and
TOC.
3
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 Agreement. This Agreement shall be subject to all
federal, state, and local laws and ordinances.
15. Force Maieure: 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 Law/Venue: 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 sacc and TDC and FKFT.
Venue of any court action filed relative to this agreement shall lie in
Monroe County, Florida.
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 TOC
has any interest, financially or otherwise in FKFT or its subcontractors.
18. Severability: If any provision of the Agreement shall 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.
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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 Sharpe ~
Florida Keys Fishing Tournaments Inc.
110 Ship's Way
Big Pine Key, FL 33043
To TDC/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.
IN WITNESS WHEREOF, the parties have executed this agreement the day
and year first above written.
(SEAL)
A ttes tDANNY ,li.. ~OYIAGE, Clerk
~C.~p~ By:
Clerk
(SEAL)
AtteMi,1J J
'tJ.. (~ l{'. 'Etlcd ~- By:
Mayor
Flo a Keys Fishing Tournaments Inc.
Approved as to A and legal sufficiency by ~~cxI #-
Date: 1'/3; 93
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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 shall 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 BOCC.
As of the commencement of the contract effective October 1, 1993, the members shall
be:
District I
ROGER BAKER
District II
JIM SHARP~ y,
District III
GARY CaRTWRIGHT
District IV
LARRY DUKEHART
District V
CHARLES WETTERMAN
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 BOCC approval. Additionally, FKFT may request approval
from TDC and BOCC for a replacement member of the Recommendation Committee for
any reason it deems appropriate.
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EXHIBIT "A"
FKFT BUDGET FOR 93-94 FISCAL
Tinsley Advertising
Complete Magazine Coverage
IGFA, MET,
Contingency
122,000.00
8,000.00
130,000.00
Stuart Newman Associates
*Photo Program
PIR
Contingency
* 30,000.00
20,000.00
10,000.00
60,000.00
First Tournament Allocation
136,850.00
Second Tournament Allocation
50,000.00
Contingency
29,150.00
Total
406,000.00
* Photo
10,000
8,000
4,000
4,000
4,000
Program
Key West
Islamorada
Key Largo
Marathon
Big pine and Lower Keys
30,000
total
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a).
FLORIDA STATUTES. ON PUBUC ENTI1Y CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBUC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS. .
1.
This sworn statement is submitted to
JJ~~~ 'f)
[print IndIvidual's na e Ie]
FJr- >Z"T,
[print name or entity submItting swom statement]
by
5ccc,-
[print name or the public entity]
for
whose business address is
. //0 5:'JLI
?L.
and (if applicable) its Federal Employer Id ntification Number (FEIN) is
(If the entity has no FEIN. include the Social Security Number of the individual signmg this
1/7 1"' l{06H '
sworn statement: 1/lP ./ r - 7 V ' .)
2. I understand that a .public entity crime. as defined in Paragraph 287.133(1)(g). florida Statutes. means a
violation of any state or federal law by a person with respect to and directly related to the ~ction of
business with any public entity or with an agency or political subdivision of any other state or of the United
States, including. but not limited to. any bid or contract for goods or sei'vices to be provided to any public
entity or an agency or political subdivision of any other state or of the United States and involving antitrust,
fraud, theft, bribery, collusion, racketeering. conspiracy. or material misrepresentation.
3. I understand that .convicted. or .conviction. as defined in Paragraph 287.133(1)(b). FlorIda Statutes. means
a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any
federal or state trial court of record relating to charges brought by indictment or information after July 1.
1989. as a result of a jury verdict. nonjury trial, or entry of a plea of guilty or nolo contendere.
4. I understand that an .affiliate. as defined in Paragraph 287.133(1)(a). florida Statutes. means:
1. A predecessor or successor of a person convicted of a public entity crime; or
2. An entity under the control of any natural penon who is active in the management of the entity and
who has been convicted of a public entity crime. The term .afftliate. includes those officers, directors.
executives. partners. shareholders. employees, members, and agents who are active in the management of
an affiliate. The ownership by one person of shares constituting a controlling interest in another person,
or a pooling of equipment or income among persons when not for fair market value under an arm's length
agreement, shall be a prima facie case that one person controls another person. A person who knowingly
enters into a joint venture with a person who has been convicted of a public entity crime in Florida during
the preceding 36 months shall be considered an affiliate.
5. I understand that a .person. as defined in Paragraph 287.133(1)(e). Florida Statutes. means any natural
person or entity organized under the laws of any state or of the United States with the legal power to enter
into a binding contract and which bids or applies to bid on contracts for the provision of goods or services
let by a public entity. or which otherwise transacts or applies to transact business with a public entity. The
term .person. includes those officers, directors, executives. partners, shareholders, employees, members. and
agents who are active in management of an entity.
6. Based on information and belief, the statement which I have marked below is true in relation to the entity
submitting this sworn statement [Indicate which statement applies.]
VNeither the entity submitting this sworn statement, nor any of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity. nor
any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
1, 1989.
_ The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners. shareholders, employees, members, or agents who are active in the management of the entity. or
an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
1, 1989.
_ The entity submitting this sworn statement. or one or more of its officers. directors. executives.
partners, shareholders. employees, members. or agents who are active in the management of the entity, or
an affiliate of the entity has been charged with and convicted or a public entity crime subsequent to July
1, 1989. However. there has been a subsequent proceeding before a Hearing Officer of the State of Florida.
Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that
it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor
list. [attach a copy or the ftnaI order) -
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE
PUBUC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBUC ENTITY ONLY AND,
THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED.
I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBUC ENTITY PRIOR TO ENTERING
INTO A CONTRACl'IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA
STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION C()NTAINED IN THIS FORM.
~
Sworn to and subscribed before me this
/3
day of
Personally known
~~ JILL
OR Produced identifialtion
(Type of identification>
NOTARY PUELIC SnnE r,,,, ;:!i~i','
My ~iot1Yet.tllilfess!i1rJ Fl!P r.<c,< ii',:' '-'
,LV/? k:~G T:mu i~ Jr6'/-;~ ~
(printed typed or stamped
commissioned name of notary public)
Form PUR 7068 (Rev. (6111192)