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08/16/2006 Funding Agreement DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: August 21, 2006 TO: Lynda Stuart, Office Manager Tourist Development Council ATTN: Maxine Pacini Administrative Assistant FROM: Pamela G. HancoaklJrv Deputy Clerk CY At the August 16, 2006, Board of County Commissioner's meeting the Board granted approval and authorized execution of the following: Amendment to Agreement (extension to Fiscal Year 2003) for $375,000 Capital Project Funding between Monroe County and Mel Fisher Maritime Heritage Society, Inc. to extend the termination from October 31, 2004 to May 31, 2005. IAssignment of Agreement for the 20th Annual Faro Blanco Invitational Tarpon Tournament on May 20-24, 2006 in an amount not to exceed $3,000 from David M. Navarro to B. T. Sales, Inc. Enclosed are two duplicate originals of each of the above-mentioned for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Attorney F inanl)t FileJ President ___ Print Name -;(.t,~-t ~. 1........~ ~ Q 0 c::) :z: l> .... ;:;0 Z :z:- e("");;;:: c= ("1'11--< G") ~~~~N~6~~~~~~,OF~~~~i~S : ~ ~~S: :E .." C;. -= Mayor/Chairman ~ m ~ MONROE COUNTY ATTORNEY APPROVED AS TO FORM: '~{i6RNEY 1- ('7 -O~ ASSIGNMENT OF AGREEMENT T!Jl.s ~ssignment of Agreement (Assignment) is made and entered into this /& e day of. ~ 2006, between Monroe County (County), David M. Navarro (Event Sponsorl Assignor) and B.T. Sales, Inc. (Assignee). WHEREAS, a contract was entered into on October 19, 2005, attached hereto, between County and Event Sponsor/Assignor to use Tourist Development funding for the promotion of the 20th Annual Faro Blanco Invitational Tarpon Tournament on May 20-24, 2006; and WHEREAS, Event Sponsor/Assignor is not able to continue to sponsor the event; and WHEREAS, Assignee is qualified and has agreed to sponsor and produce the event; NOW THEREFORE, the above parties agree as follows: 1. Assignee B.T. Sales, Inc. shall assume all obligations and responsibilities of Event Sponsor/Assignor David M. Navarro under the agreement dated October 19,2005. 2. County approves and consents to the assignment of the contract dated October 19, 2005, from Assignor to Assignee. 3. All other provisions of the contract dated October 19, 2005, not inconsistent herewith, 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. David M. Navarro, Assignor B.T. Sales, Inc. Assignee J /JlJ1". , ~~L ~ L. KOLHAGE j-~ r~l c-n c") ',~....- :::::,1 ,:::,J , ( 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 David M. Navarro (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 "TOC"), 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 $3,000 (Three Thousand Dollars) for promotion and related expenditures, as described in the event budget, attached hereto as Exhibit B, for production of the 2rJb Annual Faro Blanco Invitational Tarpon Tournament on May 20-24, 2006. Payment will be made only after Event Sponsor submits invoices and support doa.llnentation 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 TOC and County. The agencies of record, shall receive payment of work in progress upon submission of documented invoices associated with seid event. Event sponsor fully understands that funding is obtained from tOUrist development taxes for which the fiscal year ends September 30, 2006. 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 yeer, 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, 2006, all invoices and support doaJmentation 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, 2006, except that for events with promotional expenditures incurred between July 1 and FiS!Jlng Umbrella FIJIlCfing FY 200e 2d" Annual FEIfO 8I8nco Invitationai Tarpon Toumstnenl I ( September 30, 2006, 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 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 indicete that any particuler 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 seid 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/shelit has not employed, retained or otherwise had act on hislhernts 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 disaetion 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. FisJling Umbr8/Ia Funding FY 200e 2d" AnnUB/ FBIO Blanco InviIstionaI Tarpon TolI7IaInent 2 .i ( 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 thrashold 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. 11. Loco: All promotional literature and advertising must display the "The Florid. Keys & Key West, Monroe County Tourist Development Council, Come as You Alwn, logaltrade mark adopted by the TOC 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 logoltrade mark is utilized. 12. Insurance Reauirements: 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 schecIules. Failure to comply with this provision may result in the invnediate 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. F/~ Umbrella Funding FY 200tS 2d" Annual FEIIO BI8noo InvIIaIionaI Tarpon Tocmament 3 ( ( 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 worX 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 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 PwtY has caused thi~ ~reement to be executed by its duly authorized representative, the I c.z-a- day of O~lu.r. 2005. (sEAl.) Atte.t; Danny L. Kolhage, Clerk Jl~ C. /IJvv1~ Deputy Clerk /' Board of County Commissioners of Monroe County 0i; >n. li~~~~) Mayor/Chai an David M. Navarro By. Witness By .tJ ;7t ?/~ David M. Navarro ..,., Witness MONROE COUNTY ATTO E APPROVED AS TO F/sftIng UmbreOa Funding FY 2004 2d" Annual FllIO BIBnco Invitaliona/ Tarpon Toumament 4 ( ( ( FLORIDA KEYS FISHING TOURNAMENTS, INC., TOURNAMENT SCHEDULE OF EVENTS FISCAL YEAR 2005-2006 EXHIBIT A 20~ Annual Faro Blanco Invitational Tarpon Tournament PRINT TOURNAMENT NAME DAY I _5:00 PM LINES IN WATER 9:00 PM LINES OUT OF HATER - : PM EVENING EVENT - : PM HEIGH-IN OVER - _3:00 PM OTHER EVENT _ Kick O~~ Party , CaP~'. HHtiAg_ DAY 2 _5:00 PM LINES IN HATER 9:00 PM LINES OUT HATER - : PM EVENING EVENT - : PM HEIGH-IN OVER - : PM OTHER EVENT - DAY 3 (Day O~~ ~- c:.Iaarity JNU:ty ~f: ~1dbJV ~1;p) PM LINES OUT WATER PM EVENING EVENT - PM HEIGH-IN OVER : PM OTHER EVENT -- DAY 4 _4:30_PM LINES IN HATER _8:30_PM LINES OUT HATER _9:00_PM EVENING EVENT (Awazdto ....qu.!:) - PM HEIGH-IN OVER : PM OTHER EVENT -- BUDGET BREAKDOWN FLORIDA KEYS FISHING TOURNAMENTS, INC. OCTOBER 1, 2005 TO SEPTEMBER 30, 2006 FARO BLANCO INVITATIONAL TARPON EXHIBIT B --------------------------------------------------------- MAY 20-24, 2006 DIRECT MAIL & POSTAGE $ --0-- BROCHURES, POSTERS, PROGRAMS, PATCHES $ --0-- TROPHIES $ 900.00 PHOTO PROGRAM $ --0-- MEDIA ADVERTISING $ --0-- T-SHIRTS, CAPS, JACKETS $ 1,650.00 'GENERAL NON-ALLOCATED $ 450.00 $ 3,000.00 *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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