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FY1991-FY1993 09/12/1990r �oUNZC I•. ptU, • f X1.•• ............. }E COUNTY. t� 30annp 1. Rotbage BRANCH OFFICE CLERK OF THE CIRCUIT COURT 3117 OVERSEAS HIGHWAY MONROE COUNTY MARATHON. FLORIDA 33050 500 WHITEHEAD STREET TEL. (305) 743-9036 KEY WEST, FLORIDA 33040 TEL. (305) 294.4641 October 11, 1990 bir�a a s Keys Advertising & Marketing, Inc. Post Office Box 866 Key West, FL 33041 Dear Mrs. Higgs: BRANCH OFFICE P.O. BOX 379 PLANTATION KEY. FLORIDA 33070 TEL. (305) 852-9253 As'you are aware, on September 12, 1990, the Board of County Commissioners approved the execution of a Fishing Umbrella Contract with Florida Keys Fishing Tournaments Inc. EnAosed are two duplicate originals of the sub- ject Agreement, now executed and sealed by all parties. One of these documents should be sent to FKFT; the other is for your own files. Sincerely yours, Danny L. Kolhage Clerk of Circuit Court and ex officio Clerk Board of County Commissioners By �cceza Rosalie L. C holly Deputy Clerk Enclosures cc: County Attorney County Administrator Finance Director File THE FLORIDA KEYS & KEY1PVESTVKey Largo, Islamorada, Marathon, Lower Keys, Key West 416 Fleming Street P.O. Box 866 Key West, FL 33041 U.S.A. (305) 296-2228 • (800) FLA-KEYS • Fax: (305) 296-7613 September 28, 1990 Mr. Danny Kolhage Clerk of the Circuit Court 500 Whitehead Street Key West, Florida 33040 RE: Florida Keys Fishing Tournaments, Inc. Dear Mr. Kolhage: The Monroe County Board of County Commissioners at their meeting of September 12, 1990 approved the contract with the Florida Keys Fishing Tournaments, Inc. Attached please find four copies of the contract and Public Entity Crimes document duly signed and completed by Captain James E. Sharpe, President of Florida Keys Fishing Touraments, Inc. Please return the executed copies to the Administrative Office for distribution. Sincerely Q� L �1 u Sandra Higgs Administrative Director :lms Encl. FISHING UMBRELLA CONTRACT THIS AGREEMENT is entered into this AR 70h day of ��►-,c,�aL, 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. Term: 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 c C-3 a5standardized format. The standardized format to be ac c� U_ w _ established by FKFT with final approval of said format o TDC and BOCC. o � ti Vi w �,, z �c> Establish a photo program to distribute to nation- w oo a )trade and consumer publications, photos to represent Cn 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 scope 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 the 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 BOCC/ TDC and shall at no time be legally responsible for any negligence on the part of said successful proposer, its employees or 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, 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/TDC. 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 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 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) Attest: DANNY L. IDOL. --HAGS, Clerk 51 , z � � I I Z" e..' , &. e. - (SEAL) Attest: MONROE COUNTY BOARD OF COUNTY -COMMISSIONERS-- ayor airman FLORIDA KEYS FISHING TOURNAMENT, INC By i ! PPROVED AS TO FOW A4ND LEGAL U �lICWNCY v` pry Actor , y' p l! lfi" ,; . 5 Eltwort A iJ? nCOMMEADATION COMMITTEE - The Recommendation Committee of the Florida Keys Fishing Tournaments, Inc. is comprised of five members, with one member representing each of the five TDC districts throughout the Florida Keys. As of September 6, 1990 the District Representatives are: DISTRICT I Art Barton P. 0. Box 2154 Key West, FL 33045 305/296-8673 Business Affiliates: Self Employed Fishing Guide, Local Representative of IGFA, Member of Worldwide Committee for Preservation of Ethical 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 IGFA. DISTRICT 11 Jim Sharpe P.O. Box 1203 Summerland Key, FL 33042 305/745-1530 Business Affiliates: Chairman Key West Fishing Tournament, Board of Directors Texaco Keys Classic, Promotion Radio U.S. 1, Two radio shows about fishing a day "Capt. Jim Sharpe's Fearless Fishing Forecast" and "Fishing Key West with Capt. Jim Sharpe", "Fishing the Florida Keys with Capt. Jim Sharpe" is a weekly TV show on Channel 5 Friday 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 organization, Promo Sea Boots Charters, Inc. offshore and backcountry fishing in the Florida Keys in general. DISTRICT I I I Marlene Jordan 1996 Overseas Highway Marathon, FL 33050 305/743-6139 Business Affiliates: Owner/Operator of World Class Angler Inc. at Faro Blanco Resort Marathon Charter Boat Captain. Segment of Industry: Tournament Organization and Director of Tournaments. r s F DISTRICT IV Doug Kelly 97300 Overseas Highway, Suite 4 Key Largo, FL 33037 305/852-8188 Business Affiliates: Director of security for Holiday Isle Resorts and special events, Radio show "This Week in Fishing Live" on SUN 100.3 FM, Writes weekly fishing column for the Reporter in Upper Keys, Member of Florida Outdoors Writers Association. Owner of Polytronics, Security Firm, Owner Capt. Kelly's Industries. Segment of Industry: Tournament Director and Rules Committee for several tournaments such as Coconut Dolphin Scramble and Holiday Isle Dolphin Tournament. DISTRICT V Jim Music (James R. Garry) P. 0. Box 133 Islamorada, FL 33036 WCTH FM Radio Station Plantation Key, FL Business Affiliates: Board of Directors Key Largo/Upper Keys Merchants Associations, Board Director Sheriffs SubStation, Member 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 Week", Staff writer for the Free Press, Catch of the Month, Senior 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 Florida Keys Fishing Tournaments, Inc. adheres and shall maintain representation from each of the five TDC districts on its Recommendation Committee. EXHIBIT B FIRST YEAR BUDGET FLORIDA KEYS FISHING TOURNAMENTS, INC. MEDIA ADVERTISING DIRECT MAIL & POSTAGE BROCHURES, FLYERS, POSTERS, PROGRAMS TROPHIES PHOTO PROGRAM PUBLIC RELATIONS GENERAL - NON ALLOCATED S 211.000 20.000 75, 000 20,000 20.000 35. 000 ri 7 ri MINri - ri ri ri * INCLUDES MAIL FULFILLMENT BROCHURES INCLUDES MARK SOSIN SALTWATER FISHING SERIES DATED: SEPTEMBER 6, 1990 E V I's INT,5 ii0fo"L. ft�ottlff*% `fs TENTATIVE BUDGET FOR FLORIDA KEYS FISHING TOURNAMENTS INC. 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 fishing 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) 24,000.00 USA 800 ($1.40/call x 40,000) 10,000.00 34,000.00 Stuwart Newman Associates Salt Water fishing Series $ 25 000.00 Tournament Mailings 15 000.00 Contingency fee 7,500.00 Hospitality rooms etc. 2,000.00 50,000.00 total ............................... $ 441,812.00 TENATIVE BUDGET FOR FLORIDA KEYS FISHING TOURNAMENTS INC. October 1, 1990 to September 30, 1991 REVENUE FROM ANTISAPATED SPONSORS Platinum level......... 500,000.00 Gold level 250,000.00 Silver level 125,000.00 Bronze level 50,000.00-75,000.00 Antisapated income $ 500,000.00 PROJECTED EXPENSES Generic B.R.C. Incorporated with Broshur (tear -out) 30,000.00 Office rent...... (1500/month) 18,000.00 equipment 500/month 6,000.00 miscellaneous 500/month 6,000.00 30,000.00 Executive Director Salary 40,000.00 Expenses (travel,food,etc.) 20,000.00 Secretary (including benefits) 24,000.00 Insurance ( officers ) 10,000.00 34,000.00 Money to be dispersed to tournaments Used for prise money/ benefit 300,000.00 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 4 SWORN STATMWENT UNDER SECTION 287.133(3)(a), FLORIDA STATUT c, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement Is submitted with Bid, Proposal or Contract No. N/A for Fishing Umbrella Contract 2. This sworn statement is submitted by Florida Keys Fishing Tournaments, Inc. [name of entity submitting sworn statement) whose business address is Rt . 6 Box 435 Summerland Key, Fl. 3304 and (if applicable) its Federal Employer Identification Number (FEIN) is (If the entity has no FEIN, Include the Social Security Number of the individual sig ning this sworn statement: 3. My name is James E . .Sharpe [please print name of Individual signing] and my relationship to the entity named above is President, Florida Keys Fishing Tournaments, Inc. 4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statute`, means a violation of any state or- federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services 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. S. 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. 6. 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 person who is active is the management of the entity and 'who in -as been convicted of a public entity crime. The term "affiliate" 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. 7. 1 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. emplovees, members, and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Please Indicate which statement applies j X Neither the entity submitting this sworn statement, nor my officers, directors, executives, partners, shareholders, emplovees, members., or agents who are active in management of the entity, nor any affiliate of the entity have 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 the officers, directors, C executives, partners, shareholders, employees, members, of agents who are active in 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, AbM [Please Indicate which additional statement applies.] There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. [Please attach a copy of the final order.] The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. [Please attach a copy of the final order.] The person or affiliate has not been placed on the convicted vendor list. [Please describe any action taken by or pending with the Department of General Services.] A � [signature] '1'�� ]� Dace• L't� STATE OF—F11)(Ia, COUNTY OF l l J'J6r66 PERSONALLY APPEARED BEFORE ME, the undersigned authority, L. i/ who, after first being sworn by me, affixed his/her signature [name of individual signing] in the space provided above on this _ My commission expires: Motary Public, State of Florida My Commission Expires Sept. 26, 1992 Bonded Thru Troy Foin. Insurance Inc. For: t PUR 7068 (Rev. 11/89)