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Item E6 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: FEBRUARY 16, 2000 Division: TDC Bulk Item: Yes XXX No Department: N/A AGENDA ITEM WORDING: Approval of a second Amendment to the Agreement with Key West Fishing Tournament, Inc., covering Key West Fishing Tournament, Inc. d.b.a. Key West & Lower Keys Fishing Tournament to clarify dates of events. ITEM BACKGROUND: TOe approved agreement at their meeting of June 30, 1999. PREVIOUS RELEVANT BOCC ACTION: BOCC approved original Agreement at their meeting of October 13, 1999. BOCC approved first Amendment to Agreement at their meeting of November 9, 1999. BOCC approved FY 2000 budget at their meeting of September 22, 1999. STAFF RECOMMENDATION: Approval Requested. TOTAL COST: $56,500.00 BUDGETED: YES COST TO COUNTY: $56,500/TOURIST PAY APPROVED BY: County Attorney _ OMB/Purchasing_ Risk Management DIVISION APPROVAL: _~~~ Lynda M. Stuart (Type/print name) To Follow: DOCUMENTATION: Included: X Not Required Agenda Item #~ MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Key West Fishing Tournament, Inc. Effective Date: 2/17/2000 Contract Purpose/Description: Approval to pay up to ($56,500.00) Fifty six thousand and Five Hundred Dollars for the production by Key West Fishing Tournaments, Inc. d.b.a. Key West and Lower Keys Fishing Tournament for numerous fishing events from November 1, 1999 through November 30, 2000, FY 2000, Two Penny allocated under the Fishing Umbrella. Contract Manager: Maxine Pacini (Name) X3523 (Ext) Tourist Development Council (Department) For BOCC meeting on 2/17/2000 Agenda Deadline:2/1/2000 Contract Costs Total Dollar Values of Contract: $56,500.00 Budgeted? Yes ~ No Grant: $ County Match: $ Current Year Portion: $ Account Codes: 115-75022-530340- T05F-056 X Estimated Ongoing Costs: $ (not included in dollar value above) ADDITIONAL COSTS tyro For: (e.g. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW DATE IN CHANGES REVIEWER DA TE OUT NEEDED? Yes No 0Jz4/JTttif- Division Director ~Ii~ [)fJ V ~/1-lJ12 - - ..., 1 v// /- , f !~) :' .. -t... ~ " /"; /.' Risk Management .../.. / /CG I~. '. \ ~ I _~ . -.....- \ ,\ _ ,'- '- '\ ,.'J\,; (~(""t~ ~ ",,-_ U-----' '- '- ''--H... ~~~ --- - . .~ I . County Attorney ~/i" Iou S. Hutton P-- tt' / cf..; - - --- V ----....:1 r ...--........ / O.M.B.lPurchasing '" ~~. C~{(, &c L [(--... 2/ "7 / .(.~c ' )- / I /';:-V (Fimii reviewer should return contract to originator) -~- Comments: AMENDMENT TO AG6EEMENT "..IIS AOOENDU ~ to agreement fa made and entered into this day of 2000, between the County of Monroe and Key West Fishing Tournament, Inc. WHEREAS, them was a contract entered illto on October 13, 1999, between the parties, awarding $58,5l0,tD Key West Fishing Toumament, Inc. for Key West Fishing Tournament. Inc. d.b.a_ K8y West and Lower K~i Fishing Toumament; and WHEREAS, then ~ was an amendment to A,Jreement an November 9. 1999 to revise dates of event; alld WHEREAS, it 118; become necessary to cluny dates of events; NOW, THEREFC'RE. In consideration ofthl! mutual covenants contained herein the parties agree to the amended agl'88ment as ft.IJows: 1. Paragrapt 1 of the Agreement shall ,'Bad "The BOCC agrees to pay up to ($56,!JOO_OO) Fifty six th )Usand and Five Hundred DoJlars for tne production by Key West FIShing ToumamE nta. Jn~ d.b.a. Key West iind Lower Keys Fishing Tournament for numerous fishing ev~nts from November 1, 19l)9 through November 30,2000.11 2_ The remai,ing provisions diM cont,"8d dated October 13,1999, remain in fuU force and effect. IN WITNESS WHEREC F. the parties have set the,r hands and seal on the day and year first above written. (SEAl) Atteat: Ke., West Fishing Tournament. Inc. By (SEAL) Attest: DANNY L KOL -iAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Deputy Clerk By MayorlChaifman AMENDMENT TO AGREEMENT ,tIf THIS ADpENDUM to agreement is made and entered into this i day of PIty ~ ' 1999, between the County of Monroe and Key West Fishing I Tournament, Inc. WHEREAS, there was a contract entered into on October 13, 1999, between the parties, awarding $56,500.00 to Key West Fishing Tournament, Inc. covering Key West 'Fishing Tournament, Inc. d.b,.a. Key West & Lower Keys Fishing Tournament, and WHEREAS, it has become necessary to revise the date of the event; NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree to the amended agreement as follows: 1. Paragraph 1 of the Agreement shall read "The BOCC agrees to pay up to ($56,500.00) Fifty Six Thousand and Five Hundred dollars for Key West Fishing Tournament, Inc. covering Key West Fishing Tournament, Inc. d.b.a. Key West & Lower Keys Fishing on April 15-16, 2000. 2. The remaining provisions of the contract dated October 13, 1999, remain in full force and effect. IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above written. (SEAL) Attest: Key West Fishing Tournament, Inc. ByQ~ ~_ il1~ ~Y~:~f""';' .~ ~.,!.~;.,,(~~~(~::{~~y L. KOLHAGE, Clerk ~.# ...~. .<_:.~.~ '0". \. .~....~ ;',,41 .v~~,.. --..1- .~ t~~4~ .:~:~...~:::-:<;. ~~rk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA cSLk~ By y~ Mayor/ctl'airman k 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 "BOCC") and Key West Fishing Tournament, Inc. (hereinafter referred to as "Event Sponsor"); WHEREAS, the umbrella organization under contract to the BOCC 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. BOCC shall pay a sum not to exceed $56,500.00 (Fifty Six Thousand and Five Hundred Dollars) for promotion and related expenditures, as described in the event budget, attached hereto as Exhibit A, for production of Key West Fishing Tournament, Inc. d.b.a. Key West & Lower Keys Fishing Tournament on April 22,2000 through November 30, 2000. 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. Monroe County's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the BOCC. 2. Event Sponsor shall provide promotion and related services as described in the Sponsor's application for funding, Exhibit B, attached hereto. All advertising and public relations services or supervision of advertising and public relations will be provided through the contracted agencies of the Tourist Development Council (TDC) and BOCC. The agencies of record, shall receive payment of work in progress upon submission of documented invoices associated with said event. In order for event sponsor to be re- imbursed for expenditures, the invoices must be submitted no later than January 29, 2001. 3. Event Sponsor shall reimburse BOCC for any amount of funds expended by BOCC in connection with an event which does not occur as a result of any act or omission by Event Sponsor. 4. 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. 5. Event Sponsor shall maintain records pursuant to generally accepted accounting principles for three (3) years after the event and shall permit BOCC and its agents and employees access to said records at reasonable times. 6. B.OCC 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. 7. 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. 8. Event Sponsor\'varrants 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 o~ employee in violation of Section 3 of Ordinance NO.1 0-1990. 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. 9. "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, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. " /' ;-, "'-" IN WITNESS WHEREOF, each party has caused this Agreement to be executed by ~. it~uly authortzed representative, the /? /1j day of L9cr -l 1999. .,I..'j (SEAL) . H!'~ . '. Attest Danoy L. Kolhage, Clerk '''-.. ,,- J- __..'.........:.01 ~b. Q ~./:Jo.-~ Deputy Clerk Board of County Commissioners of Monroe County l\ --'" .. ,ft. f"~.'__,~-:_~_~~\ \..~._~~_,_fo.-'"....~..........,_ . . . - r-- Mayor/Chairman (CORPORATE SEAL) Key West Fishing Tournament, Inc. Attest: By. OR Secretary By G--:~P ~ L~ President Witness EXHIBIT .~ BUDGET BREAKDOWN FLORIDA KEYS FISHING TOURNAMENTS, INC. OCTOBER 1, 1999 TO SEPTEMBER 30, 2000 KEY WEST AND LOWER KEYS FISHING TOURNAMENT ------------------------------------------------------ APRIL 22, 2000 THROUGH NOVEMBER 30, 2000 TEAM CHALLENGE NOV. 20-21, 1999 KICK-OFFfAPR. 22-23, 2000 DIRECT MAIL & POSTAGE $10,000 BROCHURES, POSTERS, "PROGRAMS, PATCHES ./ .- TROPHIES $ 9,000 $11,000 $ 9,000 $ 8,000 $ 5,500 $ 4,000 PHOTO PROGRAM MEDIA ADVERTISING T-SHIRTS, CAPS, JACKETS *GENERAL - NON-ALLOCATED $56,500 EXHIBIT B FLORIDA KEYS FISHING TOURNAMENTS, INC.R TOURNAMENT SCHEDULE OF.EVENTS FISCAL YEAR 1999-2000 Key West & Lower Keys Fishinq Tournament /PRINT TOURNAMENT NAME KICKOFF (Captains Meeting/Registration 6:00 PM t~ 9:00 PM)Night Before DAY 1 8:30 3:30 AM LINES IN WATER PM LINES OUT OF WATER PM EVENING COCKTAIL PARTY PM OTHER EVENT NA NA . DAY2 8:30 AM LINES IN WATER 3:30> PM LINES OUT OF WATER PM EVENING COCKTAIL PARTY (Included) 7:00 - 9:00 PM (Awards Ceremony) OTHER EVENT TEAM CHALLENGE (Cocktail party I Captains meeting the night before) DAY 1 8::00 AM LINES IN WATER 3:00 PM LINES OUT OF WATER DAY 2 8:00 AM LINES IN WATER 3:00 PM LINES OUT OF WATER PM EVENING COCKTAIL PARTY (Included) 7:00 - 9:00 PM (Awards Ceremony) -OTHER EVENT 6