FY1991-FY1993 11/14/1990BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (3051 743-9036
CI,ERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
January 8, 199~
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (305} 852~9253
Mrs. Sandra Higgs
Monroe County Tourist DeveloDment Council
Post Office Box 866
Key West, FL 33041
Dear Mrs. Higgs:
As you are aware, on November 14, 1990, the Board
of County Commissioners approved and authorized execution of
the Fishing Umbrella Contract with Florida Keys Fishing
Tournaments, Inc.
Enclosed are two duplicate originals of the sub-
ject Agreement, now executed and sealed by all parties. One
of these documents should be given to FKFT; the other is for
your own files.
Enclosures
CC:
County Attorney
County Administrator
Finance Director
File
Sincerely yours,
Danny L. Kolhage
Clerk of Circuit Court
and ex officio Clerk
Board of County Commissioners
Rosalie L. ~nnolly
Deputy Clerk
416 Fleming Street RO. Box 866 Key West, FL 33041 U.S.A. (305) 296-2228 · (800) FLA-KEYS · Fax: (305) 296-7613
January 3, 1991
Mr. Danny Kolhage
Clerk of the Circuit Court
500 Whitehead Street
Key West, Florida 33040
Dear Mr. Kolhage:
The Monroe County Board of County Commissioners at their regular
meeting of November 14, 1990 rescinded the original contract with
Florida Keys Fishing Tournaments, Inc. and approved a new contract as
modified.
Enclosed please
the Captain Jim
documentation.
find four copies of the new contract duly signed by
Sharpe together with the public entity crimes
Please return the fully executive copies to the Administrative Office
for distribution.
Sincerely
Sandra Higgs
Adminsitrative Director
:lms
Encls. (4)
FISHING UMBRELLA CONTRACT
THIS AGR14;EMENT is entered into this J" -tit, day of
IV 0 "tArt ~e..... 1990, by and between BOARD OF COUNTY COMMISSION-
ERS, OF MONROE COUNTY, FLORIDA (BOCC), and Florida Keys Fishing
Tournaments Inc. (FKFT)
WITNESSETH
WHEREAS, the BOCC wishes to enter into this agreement with
the FKFT, so that the FKFT will act as a County Wide Fishing
Umbrella to to make recommendations to the TDC and BOCC concern-
ing funding for Tourism - related Fishing activities,
1.
T~tm:
the term of this agreement is for a period of
thirty-six (36) months commencing October 1, 1990 and terminating
September 30, 1993.
2. Scope of Services. the FKFT will provide the following
services:
A. Budget and Coordinate all Fishing tournaments
within the Florida Keys.
1. all national media advertising for Florida
Keys Fishing Tournaments.
2. all public relations for all Florida Keys
Fishing Tournaments.
B. Represent all Fishing tournaments qualifying under
a standardized format. The standardized format to be
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~stablished by FKFT with final approval of said format
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<f . ~by TDC and BOCC.
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Establish a photo program to distribute to nation-
-~) al trade and consumer publications, photos to represent
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award winners and media attractive fishing photos.
D. Maintain a fully operative non-profit business
operation with normal business hours, 9:00 a.m. to 5:00
p.m., Monday through Friday as soon as financially
feasible but no later than October 1, 1991.
E. Establish and administer policies and procedures
which will distribute on an equitable district wide
basis monies recommended for all qualified fishing
tournaments.
FKFT will accept applications on a
semi-annual basis.
F. The Fishing Umbrella shall solicit sponsors for
programming and events to contribute sponsorship 'funds
toward the operating expenses for member fishing
tournaments. 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 renegotiation
limited only to budgetary constraints.
G. All Fishing Umbrella meetings will be open to the
public and properly noticed the same as required for
all governmental meetings under F.S. 286.011.
H. FKFT to provide research information and contrib-
ute statistics and scientific information for conserva-
tion and other fishery resource management to demon-
strate resource management for future generations and
maintain economic resource.
I. Monroe County BOCC/TDC 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 member Tournament Associ-
ations upon receipt of properly approved paid invoices
and evidence of payment subject to availability of
funds.
J. Composition - See Exhibit A.
K. Proposal submitted by FKFT enclosed as Exhibit B
and incorporated as part of the contract. Hotline not
part of this contract.
3. The BOCC anticipates that up to $406,000 will be
allocated to tourism-related fishing activities per year of this,
70% of this will come from promotion and 30% from Events. The
recommendations of the Fishing Umbrella Committee shall be
submitted to the TDC for consideration prior to adoption of TDC
2
annual budget each year. TDC will then make recommendations to
the BOCC for allocation of funds for approval.
4. The Contract can be terminated by either party with 120
days notice.
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 recommended by TDC
and approved by BOCC.
6. Modification. Additions to, modifications to or
deletions from the s~ope of services set forth in this contract
may be made only by written mutual agreement. Recommended by TDC
and approved by BOCC.
7. Breach of Services. The parties agree to full perfor-
mance 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. The FKFT agrees to
indemnify and hold Monroe County 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 and shall defend all suits filed due to the negligent
acts, errors or omissions of FKFT employees and/or agents,
including related court costs.
9. Taxes. The BOCC/TDC is exempt from Federal Excise and
State of Florida Sales Tax. State Sales Tax and Use Tax Certifi-
cate Number is 03000 210354.
10. Finance Charges. The BOCC/TDC will not be responsible
for any finance charges.
11. Relation of BOCC/TDC. It is the intent of the parties
hereto that the FKFT shall be legally considered as an indepen-
dent contractor and that neither it nor its employees shall, under
any circumstances, be considered servants or agents of the BOCCI
TDC and shall at no time be legally responsible for any negligence
on the part of said successful proposer, its employees or
f'
3
agents, resulting in either bodily or personal injury or property
damage to any individual, firm, or corporation.
12. Disclosure. The proposer shall be required to list any
or all potential conflicts of interest, as defined by Florida
Statute 112 and Monroe County Ethics Ordinance. The proposer
shall disclose all actual or proposed conflicts of interest,
financial or otherwise, direct or indirect, involving any cli-
ent's interest which may conflict with the interests of the
BOCC/TDC.
13. Assignment. FKFT shall not assign, transfer, convey,
sublet or otherwise dispose of this proposal, or of any or all of
its right, t.itle or interest therein, or his or its power to
execute such contract to any person, company or corporation
without prior consent of the BOCC/TDC.
14. Compliance with Laws - NOlldiscrimination. FKFT sha 11
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 Agree-
ment. 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, explo-
sion, 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 techni-
cal 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.
4
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.
.'
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 BOCC and
FKFT.
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, broker-
age, 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 this Agreement shall
be held by a, Court of competent jurisdiction to be invalid or
unenforceable, the remainder or this Agreement, or the applica-
tion of such provision other than those as to which it is invalid
or unenforceable, shall not be affected thereby; and each provi-
sion of this Agreement shall be valid and enforceable to the
fullest extent permitted by law.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement the day and year first above written.
(SEAL)
At te s t : DANNY La ~OLH.AGE, Clerk
~~4-1.1)~
-J RK
MONROE COmlTY BOARD OF COUNTY
COMMISSIONERS
ok~
Mayor/Chairman
(SEAL)
Attest:
aid~7/~;.~
FLORIDA KEYS FISHING TOURNAMENT,
INC. '"")
By
l~PPROVED AS 'TO rUFII: .
A"m LEGAl. s~' ur fiCfu",r;\': \"\
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(}) RICOMMIRDA TI011 COMMITIII - The Recommendation Committee
of the Florida Keys Pishing Tournaments, Inc. Is comprised of flve members,
with one member representing each of the five TOC districts Ulroughout Ule
Florida Keys.
As of September 6, 1990 Ule District Representatives are:
DISTRICT I
Art Barton
P. O. Box 2154
Key West, FL 33045
305/296-6673
Business Affiliates: Self Bmployed Fishing Guide, Local Representative of
IGPA, Member of Worldwide Committee for Preservation of BUlkal Fishing
Procedures and Maintenance of World Records. Serves as Tournament
Director for all Key West Tournaments, Executive Director for Key West
Fishing Tournament Segment of Industry. fishing Guide, Tournament
Director and Representative of IGP A.
DISTRICT II
Jim Sharpe
P. O. Box 1203
Summer land Key, FL 33042
305/745-1530
Business Affiliates: Chairman Key West Fishing Tournament, Board of
Directors Texaco Keys Classic, Promotion Radio U.S. I, Two radio shows about
fishing a day "Capt. Jim Sharpe's Fearless Fishing Forecast" and "Fishing Key
West with Capt. Jim Sharpe", "Plshlng the Florida Keys with Capt. Jim Sharpe"
is a weekly TV show on Channel 5 Priday evenings at 6:00 p.m. He owns and
operates Sea Boots Charters, Inc. Professional Firefighter and Rescue Lt. With
Dade County Fire Dept. for the past twenty -five years.
Segment of Industry: Tournament organizaUon, Promo Sea Boots Charters,
Inc. offshore and backcountry fishing In the Florida Keys in general.
DISTRICT III
Marlene Jordan
1996 Overseas Highway
Marathon, FL 33050
305/743-6139
Business AUl1lates: Owner/Operator of World Class Angler Inc. at Faro
Blanco Resort Marathon Charter Boat Captain.
Segment of Industry: Tournament Organization and Dlrector of
Tournaments.
.. ~ ;..".'. ( : . .,. ..
. : . ~
DI STRICT IV
Doug Ktlly
97300 Ovtrseas Highway, Suite 4
Key Largo, FL 33037
305/852-8188
Business Affiliatts: Dirtctor of stcurity for Holiday Islt Rtsorts and sptdal
events, Radio show "This WHk in Fishing Live" on SUN 100.3 FM, Writes
wttkly fishing column for the Reporter in Upptr Keys, Member of Florida
OUtdoors Writers AssodatJon. Owner of Polytronics, Stcurity Firm, Owner
Capt. Kelly's Industries.
Segment of Industry: Tournamen"t Director and Rules Committee for several
tournamtnts such as Coconut Dolphin Scramble and Holiday Isle Dolphin
Tournament.
DISTRICT V
Jim Music (James R. Garry)
P. O. Box 133
Islamorada, FL 33036
WCTH FM Radio Station
Plantation Key, FL
Business Affiliates: Board of Dir~tors Key Largo/Upper Keys Merchants
Associations, Board Director Sheriffs SubStation, Membtr Florida Guides
Association, member of Florida OUtdoors Writers Association and Outdoors
Writers Association of America. Radio personality WCTH 100.3 FM "Catch of
the Day., .Catch of the WHit., Staff writer for the Fret Press, Catch of the
Month, Stnior Staff Writer for Florida Keys Angler Magazine, Catch of the
Month.
Segment of Industry: Fishing Tournament OrganiZer and Director, Radio,
Radio promotions Fishing and newspaper writer.
The Plorlda leys 'Ishlnl Tournaments, Inc. adheres and shall
maintain representation from each of the flve TOC districts on its
Recommendation Committee.
EXHIBIT .\
fIRST YEAR BUDGET
fLORIDA KEYS fISHING TOURNAMENTS. INC.
MEDIA ADVERTISING
$ 211. 000
DIRECT MAIL & POSTAGE
20.000
BROCHURES. FLYERS. POSTERS. PROGRAMS
75.000 II
TROPHIES
20.000
PHOTO PROGRAM
20.000
PUBLIC RELATIONS
35.000 1111
GENERAL - NON ALLOCATED
25.000
$ 406.000
II INCLUDES MAIL FULFILLMENT BROCHURES
1111 INCLUDES MARK SOSIN SALTWATER fISHING SERIES
DATED: SEPTEMBER 6. 1990
--:PRDfOSAL -:Ik:>t u me~c:,
TENTATIVE BUDGET FOR FLORIDA REYS FISHING TOURNAMENTS INC.
t:~~\-e\,. .t
October 1,1990 to September 30,1991
Magazine Advertising Schedule
Prepared by Tinsley Advertising (rates include esti-
mates
mates for 1990/91 rate increases)
Provided is a sample add and magazine schedule refer
to left pocket of Corporate kit.
$232,812.00
United Tournament Brochure
One Tournament Brochure Calendar featuring all major
fishi~g events (To be mailed from fulfillment)
$ 75,000.00
Photo Program
Continue magazine and newspaper coverage
& 50,000.00
Fishing Information Hot Line
1-800-54-FISH-90 (reserved 91/92)
USA 800 ($1.40/call x 40,000)
24,000.00
10,000.00
34,000.00
stuwart Newman Associates
Salt Water fishing Series
$ 25,000.00
Tournament Mailings
15,000.00
Contingency fee
Hospitality rooms etc.
7,500.00
2,000.00
50,000.00
total ...............................
$ 441,812.00
Money left over would be used
Purchase 1 million dollar marlin package
(advertising-promotion)
Fishery Research (protect resourse)
Tournament Research .................... 46,000,00
Total................. 500,000.00
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SWORN STATEMENT t:1NDER. SECTION 287.133(3)(8),
FLORIDA STATUTES. ~N PUUUC ENTI1Y CRIMES
Tills FORM MUST BE SIGNED IN mE PRESENCE OF A NOTARY PUBUC OR OTHER OFFICER
AUTHORIZED TO ADMINISTER' OATIiS.
..
1.
'This sworn Statement is submitted with Bid, Proposal or ~ntract No.
(or
2.
This sworn Statement is submitted b
>P. 1> ;j ~ 50 '1/116 0 52 e;
[name or eatier subllliUiDg SWOrD statement
whose bamess - Is kuz:r b . BtJ\C >iaS; (. ,II)') II! E KL ;INO ~ rl-, 33<> 'I 'L
, .
and
<:-.
3.
(If applicable) its. Federal ~ployer Identification Number (FEIN) is
(It the entity bas no FEIN, indude the Social Security Number of the individual signing this sworn
statement: ?- Iv 1-7 ~ ~-'. tf-c.."/ 7 '").-
My name is ::]j OJ ~~<;l-h9IlPI?
[please print name or lndiYiduaJ s.gniDal
I
entity named above is rK E".0 J 0 EN 7--'
-
.)
and my relationship to the
4.
I understand that a 8public entity crime8 as defined in Paragraph 287.133(1)(g), Florida Statut~.
means a violation of any state or- federal law by a person with respect to and directly related to the
transaction of busmess with any public entity or with an agency or political subdivision of any other
state or with the United States, incJuding, but not Umited to, any bid or contract for goods or
services to be provided to any pubUc entity or an agency or political subdivision of any other S~te
or at the United States and involving antitrust, fraud, theft, bribery, collusion, racketeertng,
conspiracy, or materia! misrepresentation.
5. I understand that .COnvicted8 or .conviction- as defined in Paragraph 287.133(1)(b), Florida Statutes..
means a finding at guilt or a conviction at a public entity crime, with or 'Without an adjudication at
guilt, in any federal or state tria! coun of record relating to charges brought by indictment or
information after July 1, 1989, as a result at a jury verdiCt, nonjury triaJ, or enay of a plea of guilty
or nolo contendere.
6. I understand that an -atmfate- as defined in Paragraph 287.133(1)(a), florida Statutes. means:
1. A predecessor or sua:e:ssor of a person convicted of a public entity crime: or
2. An entity under the control o( any natural person who is active in the management of the
entity and who ha! been convicted of a public entity crime. The term -atmfate. includes those
officers, directors, executives, panners, shareholders, employees, members, and agents who are active
in the management of an affiliate. The ownership by One person at shares constituting a controlling
interest in another person, or a pooling of equipment or income among persons when not (or fair
market value under an arm's length agreement, shall be a prima fade case that one person controls
another person. A person who knowingly enters into a joint venture with a person who has been
convicted o( a public entity crime in Florida dUring the preceding 36 months shall be considered an
atfiliate.
7. ! understand that a .person- as defined in Paragraph 287.133(1)(e), FlOrida Statutes. means any
natural person or entity organized under the laws o( any Slate or o( the United States With the legal
power to enter imo 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 tr:lnsact business
with a public entity. The term .person- includes those officers, directors, executiv~, p:lnners,
shareholders. employees, members, and agents who are active in management of an entit)'.
Based on information and beUef, the statement which I have marked below is true in relation ~o the
entity SUbmitting this sworn statement. [Please Indicate which StDtcmen~ applies.)
8.
v"Neither the entity submitting thia $~m statemCllt. nor allY officers, direclO(s, exect.tlves, . :
partners, sharebolders, employees, members:' or agenlS wbo arc aClive in management of the entity, .
nor any affiliate of the entity have been charged with aad coQVicted of a public entity crime
subsequent to July I, 1989. .
The entity submitting tbis swom $~'emCllt, or ~ODO or more ot the officers, directors. (
execiitives, partners, sbareholders, employees. members. or alenu wbo arc active in management of
the entity, or an affiliate of the entity baa been charged with and convicted of a public entity crime
subsequent to July 1~ 1989, Al:m. [Pleae IDdlcate wblch lUIdIUoaaI statement applies.]
. -
Thero baa been a proc:cccUnl conccnUnl tho' convlcdon beforo a hearing' omccr of
iiiSeiate of Florida, Division ot Administrative Hearings. The fmal order entered by tbe
bearing officer did not place tho person or atfiUatc on tho convicted vendor lisL [Please
auach a cop)' 01 the Onal order.]
_ The penon or affiliate wu placed on the conYiCtccl vendor lisL There bas been a
subsequent proceeding beforo a bearing offiCOJ of tho State of Florida, Division of
Administrative Hearings. The final order entered by tho bearing officer determined that it
was in the public interest to remove; the penon or affilialC from the convicted vendor lisL
[Please attach a cop)' of lbe Onal order.)
_ The person or affiliate bas nOI been placed on tho convicted vendor lisL [please
desertbe any action taken b)' or pendlna with lbe Department of General Services,)
9~~~ JdM/~
[slloature)
Date: 'Ib Jefr .
STATE OF
COUNTY OF
ftor\(~
MpA r DP
(
PERSONALLY APPEARED BEFORE ME. the undcrsill1ed authority,
\"-..I,"Y\. ~. Co\'Y\'o$ wbo, after first being sworn by me"affixed bislher signature
[name or Indlvtdual signing]
My commission expires:
B.f\..;t day of ~0. .19 q I
_~~rV\ U. ) Co-~~
. NOTARY PUB _
in the space provided above On this
Notary Public. State Of Florida At Larre
My Ccmmi&sion Explre& Oct. 20. 199GJ
o
For::1 PUR 7068 (Rev. 11189)
c-