HomeMy WebLinkAboutD. Tourist Development Council
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: MAY 19,2010
Division:
TDC
Bulk Item: Yes
No
Department:
Staff Contact Person/Phone #: Maxine Pacini
296-1552
AGENDA ITEM WORDING:
Approval of an amendment to agreement with Newman PR to extend agreement for two additional
years, and adjust yearly compensation.
ITEM BACKGROUND:
TDC approved same at their meeting of April 27, 2010
PREVIOUS RELEVANT BOCC ACTION:
BOCC approved original agreement at their meeting of July 18,2007.
CONTRACT/AGREEMENT CHANGES:
Amendment
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $531.928.95 (4th year)
BUDGETED: Yes ~ No
COST TO COUNTY: $531,928.95 (4th year)
SOURCE OF FUNDS:
TDC
REVENUE PRODUCING: Yes -1L No ~MOUNT PER MONTH_ Year
APPROVED BY: County Atty ~~W7f~~CmSing --X- Risk Management X
~\m/.l
1.///
d~
DOCUMENT A TION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised ] ] /06
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Stuart Newman Associates, Inc. Contract # 311
d/b/a Newman PR Effective Date: 10/1/10
Expiration Date: 9/30/12
Contract Purpose/Description:
Approval of an amendment to agreement with Newman PR to extend agreement for two
additional years, and adiust yearly compensation.
Contract Manager: Maxine Pacini 3523 TDC # 3
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 5/19/10 Agenda Deadline 5/4/10
CONTRACT COSTS
Total Dollar Value of Contract: $ 531,928.95
Budgeted? Yes[2J No D Account Codes:
Grant: $
County Match: $
Current Year Portion: $
See attached
ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
County Attorney
Changes
Needed
YesDNo~
YesDNQ2f
YesDNog]
YesD Noca-:
Date Out
Division Director
C. Hall
Risk Mana~ment
~ ~~'
O.M.B.lPu asing
Comments:
OMB Form Revised 2/27/01 Mep #2
STUART NEWMAN LINE ITEM NUMBERS
115-75035-530340- T -E-05-204-X-530340
115-75035-530340- T -E-05-205-X-530480
115-75035-530340- T -E-05-205-X-530405
115-75035-530340- T -E-05-205-X-53031 0
115-75035-530340- T -E-05-205-X-530400
115-75035-530340- T -E-05-205-X-53041 0
117-77020-530480- T-P-07-204-X-530480
118-78020-530480- T -P-08-204-X-530480
119-79020-530480- T -P-09-204-X-530480
120-70020-530480- T-P-00-204-X-530480
121-71020-530480- T -P-O 1-204-X-530480
AMENDMENT (1st AMENDMENT) TO AGREEMENT
THtS AMENDMENT to agreement dated the day of 2010, is entered into by and
between the Board of County Commissioners for Monroe County, a political subdivision of the state
of Florida (County), on behalf of the Tourist Development Council, and Stuart Newman Associates,
Inc. cJ/b/a Newman PRo
WHEREAS, there was a contract entered into on July 18, 2007 between the parties. for
Stuart Newman Associates, Inc. to provide public relations services; and
WHEREAS, the original agreement with Stuart Newman Associates, Inc. provides an option
to renew the agreement for an additional two (2) year period under the same conditions subject to
negotiation of monetary terms; and
WHEREAS, the parties desire to exercise option to extend agreement for an additional two
year period with adjustments to compensation for each of the additional years; and
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: Term: The agreement shall expire on September
30, 2012.
2. Paragraph 4 (d) of the agreement under compensation, shall be revised to read:
D. The FIRM shall be compensated for the performance of all public relations staffed services outlined within
the scope of services as defined by this Agreement and the approved FY Marketing Plan for an agency
administration fee of:
Fourth Year: $531,928.95
Fifth Year: $558,525.39
3. The remaining provisions of the contract dated July 18, 2007 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: Danny L. Kolhage, Clerk
Board of County Commissioners
of Monroe County
Mayor/Chairman
Deputy Clerk
Secretary
By
resident
S +IA lJa J)
Print Name
{3, N~~~ll
(CORPORATE SEAL)
Attest:
By.
Print Name
~~~~E~~
(1) f?<I l.4t-{ () ~/. (lA-Ai/()
Print Name
Amendment # 1
Stuart Newman PR Contract
Contract #: 311
(2)
(2)
MONROE COUNTY ATTORNEY
~PRO EDt~RM:
CY ~ L. HALL
ASSISI.AN..1. COU~TY ATTOANE't
I"\..~... '3 -_jJ- ~OtO
AGREEMENT FOR PUBLIC RELATIONS SERVICES
THIS AGREEMENT (Agreement) is entered into this day of }L41 ,2007, by and
between Monroe County, a political subdivision of the state of Floriga (Q1unty), and Stuart
Newman Associates, Inc. d/b/a Newman PR (Firm).
WITNESSETH:
WHEREAS, Firm is qualified to provide public relations services which promote tourism; and
WHEREAS, the Monroe County Tourist Development Council (TDC) has recommended to
County that Firm be awarded this Agreement for public relations services; and
WHEREAS, County wishes to enter into this Agreement for public relations services with Firm:
NOW, THEREFORE, the parties agree as follows:
1. Term: The term of this Agreement is for a period of three (3) years beginning
October 1, 2007 and expiring on September 30, 2010. The County has an option to extend this
Agreement for an additional twenty- four (24) month period beyond the initial award period,
upon 90 days prior written notice of Agreement extension to Firm.
2. TDC: The Firm will serve as the full-service public relations agency for the
Monroe County TDC and County. The Firm and the public relations programs
are subject to review by the Monroe County TDC.
3. Scope of Services:
A. Key Personnel: This Agreement is a professional service agreement with
expectation that principal personnel performing the services are those personnel listed. Notice
of any change in personnel shall be sent to the TDC and County. Change in personnel that are
not acceptable to County initially, or as services are performed, may require Firm to replace
such personnel or County may terminate the Agree{l1ent. The principals assigned are the
following: .
1) Andrew A. Newman, Vice-President/Senior Account Supervisor
2) Stuart Newman, President
MINIMUM STAFF PERSONNEL ASSIGNED:
1) Senior Account Supervisor
2) Account Executive
3) Media Coordinator
4) Account Support
5) Lower Keys & Key West Stringer
6) Upper Keys & Middle Keys Stringer
7) Finance/Account/Clerical Support
B. At least one of the principals and/or the account executive shall meet with
the Monroe County TDC at all regularly scheduled meetings of the rDC and at any other times
as directed by the TDC.
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C. Firm agrees to assign a Public Relations Account Supervisor who will
devote such time and effort as necessary to the account on a priority basis, including full time
when required. Duties of the account supervisor will include contact as required with the
chairman or vice-chairman of the TDC, Marketing Director or other designee. Other duties
include consultations with TDC Advisory Committees from the five districts, TDC umbrella
programs and/or other tourism industry organizations within the Florida Keys as directed by the
TOC as it relates to the development of an effective marketing program for the Florida Keys.
D. Provide staff services to manage communications to develop awareness,
promote favorable image and goodwill for the TDC.
F.
broadcast media.
E.
Provide the development of favorable national and international publicity.
Provide the establishment and maintenance of contacts with print and
G.
Provide the preparation of press kits.
H. Provide the development and distribution of photographs and news
releases for trade and consumer media.
plan.
I. Provide preparation of public relations in developing of TDC marketing
J. Provide representation of TDC at selected trade shows, sales/media
missions, FAM tours, media workshops and journalist conferences.
K. Provide the establishment and management of Agreements with sub-
agencies for international, specialty or other public relation markets and/or programs.
L. Address emergency situations that affect tourism and provide crisis
management program.
M.
N.
O.
P.
a.
R.
libraries.
S.
T.
Provide editorial support for Internet f1a-keys.com Web site.
Provide publicity before, during and after selected special events.
Provide assistance to the Florida Keys Film Commission.
Maintain appropriate records of print clippings and broadcast coverage.
Provide periodic reports on public relations activities.
Provide development and maintenance of digital/dvd/videotape/still photo
Provide a measurability process to evaluate the public relation programs.
Provide implementation of such services as outlined within the objectives,
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goals and strategies of the annual marketing plan.
U. Perform such other public relations activities as required by the TDC.
4. COMPENSATION: Compensation and expenses will be paid, subject to
availability of Tourist Development Tax funds and approved purchase orders as follows:
A. The FIRM shall be compensated for public relations activities under the
Agreement scope of services which have been approved through the annual marketing plan.
B. The FIRM is required to have pre-approval on all other projects and
materials by the TDC Marketing Director, TDC Chairman or TDC according to TDC and Monroe
County Procurement Policies.
C. The FIRM shall have all fees and expenses placed on invoices that have
the proper approved purchase order account number and follow County requirements for
payment.
D. The FIRM shall be compensated for the performance of all public
relations staffed services outlined within the scope of services as defined by this Agreement and
the approved FY Marketing Plan for an agency administration fee of:
First Year $459,500
Second Year $482,475
Third Year $506,599
Following the third year, the County and the agency shall have the option of renewing this
Agreement for two (2) years under the same conditions subject to negotiation of monetary
terms. Monroe County's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the SOCC.
E. The FIRM will be reimbursed at cost for all actual expenses incurred for
media materials, postage, shipping, clipping services, special event support, research, web site
maintenance, promotional items, seminars or show registrations, sub-agency agreements,
entertainment of media, broadcast support, photography, broadcast production, travel expenses
and all other projects or production materials that are necessary for the fulfillment of this
Agreement and have been approved in advance by the TDC according to TDC and Monroe
County Procurement Policies. The FIRM's telecommunication services are included in their
professional fees.
F. The FIRM may provide Public Relation Services and expense-related
purchases above and beyond its normal requirements as defined by this Agreement and the
approved Fiscal Year Marketing Plan, for TDC funded special events, turnkey or otherwise, as
approved by the TDC in advance. Such services will be charged back to the event upon
approval of event coordinator and the TDC.
G. Contracted services are Agreements entered into by FIRM for services to
be provided for Monroe County which include, but are not limited to international public
relations, local liaisons and other services properly authorized in advance by the Tourist
Development Council and Soard of County Commissioners.
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H. All reimbursable expenditures paid by the County shall be subject to the
annual public relations expense budget approved by the Tourist Development Council and
Board of County Commissioners.
I. The FIRM shall submit to the Tourist Development Council monthly
billings in arrears for one-twelfth (1/12) of the annual agency fee for staff and Agreement
services. Reimbursable expenditures shall be invoiced and billed to the County for payment on
a monthly basis. The County shall be responsible for payment of all authorized fees and costs
due the FIRM according to the Florida local government prompt payment act.
5. Records - Access and Audits: The Firm shall maintain adequate and complete
records to justify all charges, expenses and costs incurred in performing the work for at' least
four (4) years after completion of this Agreement. The County shall have access to such books,
records, and documents concerning the contracted services. The access to and inspection of
such books, records, and documents by the TDC/County shall occur at any reasonable time.
Firm understands that it shall be responsible for repayment of any and all audit exceptions
identified by TDe/County. Any current or subsequent agreement awards will be offset by the
amount of any audit exceptions. I n the event there are not funds still held by TDC/County for an
Agreement award, the amount of audit exception shall be billed to Firm who shall promptly pay
same.
6. Public Relations AQency of Record: Firm shall act as the agency of record of
the CountylTDC for all public relations services, except as mutually agreed otherwise, and for
the performance of related or special services as requested by the TOG.
7. Indemnification and Hold Harmless: Firm agrees to indemnify, hold harmless
and defend the County, TDC, 3406 North Roosevelt Boulevard Corporation, its officers, agents,
and employees from and against any and all claims of any kind or nature, liabilities, litigation,
causes of action, damages, costs, expenses (including but not limited to fees and expenses
arising from any factual investigation, discovery or preparation for litigation), and the payment of
any and all of the foregoing as well as any demands, settlements or judgments (collectively
claims) arising directly or indirectly from any negligence or conduct on the part of Firm in the
performance of the terms of this Agreement. The Firm shall immediately give notice to the
County of any suit, claim or action made against the Firm that is related to the activity under this
Agreement, and will cooperate with the County in the investigation arising as a result of any suit,
action or claim related to this Agreement.
8. Property RiQhts: The County shall own and have all rights subject to regulations
and talent agreements, to any and all copy, photos, films and other promotional materials which
the firm prepared or purchased for the County's account pursuant to a program, campaign, or
project which the TDC has approved in writing, regardless of whether such material was
published, displayed, broadcast, distributed or otherwise presented prior to the termination of
the Agreement, provided the County has paid for same in accordance with the provisions of this
Agreement.
9. Approval and ChanQes: The TDC shall have the sole and exclusive right to
approve, modify, reject, or cancel any and all plans, proposals, submissions and other work in
progress, in which case the TDC's directions shall be immediately implemented However,
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nothing in this Agreement shall be construed as requiring the Firm to violate any contractual
commitments to media made on the ToC's behalf. All contractual commitments to media
require the ToC's prior written approval. The County shall only be liable for charges approved
in writing prior to the Firm entering into such contractual commitment.
10. Termination: Termination of this Agreement shall occur at the natural ending
date or earlier should either party terminate without cause upon providing 120 days written
notice prior to the termination date. County may terminate for cause upon 10 days notice to
FI RM. In the event of early termination, Firm shall exercise due diligence in carrying out its
obligations under this Agreement until the date of termination. County will not be obligated to
pay for any costs incurred after the effective termination date with the exception of pre-approved
contracted services.
11. Exclusive Presentation: Firm agrees that it will not represent any private resort
or attraction or other destination within Monroe County or other county or city destinations within
the State of Florida without approval from the ToC and County. Firm shall act at all times
herein as an independent contractor, and nothing contained herein shall be construed to create
the relation of principal and agent or employer and employee, between County and Firm.
12. Disclosure of Financial Interest: Firm agrees to disclose within thirty (30) days of
the execution of this Agreement any existing financial interest in the business of its suppliers or
providers utilized in fulfillment of this Agreement, and shall disclose said interests as they may
arise from time to time.
13. laws and ReQulations: It shall be understood and agreed that any and all
services, materials and equipment shall comply fully with all local, state and federal laws and
regulations.
14.
sales tax.
Taxes: The County and TDC are exempt from federal excise and state of Florida
15.
charges.
Finance Charqes: The County and ToC will not be responsible for any finance
16. Relations of County/TDC: It is the intent of the parties hereto that Firm shall be
legally considered as an independent contractor and that neither it nor its employees shall,
under any circumstances, be considered servants or agents of the County and TDC. The
County and ToC shall at no time be legally responsible for any negligence on the part of
agency, its employees or agents, resulting in either bodily or personal injury or property damage
to any individual, Firm or corporation.
17. Disclosure: Firm shall be required to list any or all potential conflicts or interest,
as defined by Florida Statute 112 and Monroe County Code and shall disclose to the County
and TDC all actual or proposed conflicts of interest, financial or otherwise, direct or indirect,
involving any client's interest which may conflict with the interest of the County and ToC.
18. Force Majeure: Firm 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,
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5
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 Firm has exercised reasonable care in the prevention
thereof, and any such delay or failure shall not constitute a breach of this Agreement. However,
Firm shall, within one week of such event, make alternative arrangements to ensure that
services continue uninterrupted.
19. Assiqnment: Firm shall not assign, transfer, convey, sublet or otherwise dispose
of this Agreement, or of any or all of its rights, title or interest therein, or its power to execute
such Agreement to any person, new owner, company or corporation without prior written
consent of the County. A change in ownership of stock or partnership interest shall constitute
such a transfer.
20. Compliance With Laws - Non Discrimination: Firm shall comply with all
international, 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, sexual
orientation, age, or national origin in the performance of work under this Agreement. This
Agreement shall be subject to all international, federal, state, and local laws and ordinances.
21. Insurance: Firm shall maintain the following required insurance throughout the
entire term of this Agreement and any extensions. Failure to comply with this provision may
result in the immediate suspension of all work until the required insurance has been reinstated
or replaced. Delays in the completion of work resulting from the failure of the Firm to maintain
the required insurance shall not extend any deadlines specified in this Agreement and any
penalties and failure to perform assessments shall be imposed as if the work had not been
suspended, except for Firm's failure to maintain the required insurance.
either:
Firm shall provide, to the County, as satisfactory evidence of the required insurance,
*
Certificate of Insurance
or
A Certified copy of the actual insurance policy
*
The County, at its sole option, has the right to request a certified copy of any or all
insurance policies required by this Agreement.
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.
The acceptance and/or approval of the Firm's insurance shall not be construed as
relieving the Firm from any liability or obligation assumed under this Agreement or imposed by
law.
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The Monroe County Board of County Commissioners, its employees, TDC Board of
Directors and officials will be included as "Additional Insured" on all policies, except for Workers'
Compensation,
Any deviations from these General Insurance Requirements must be requested in
writing on the County prepared from entitled "Request for Waiver of Insurance Requirements"
and approved by Monroe County Risk Management.
A.. Prior to the commencement of work governed by this Agreement the Firm
shall obtain Workers' Compensation Insurance with limits sufficient to respond to Florida Statute
440.
In addition, the Firm shall obtain Employers' Liability Insurance with limits of not
less than:
$100,000
$500,000
$100,000
Bodily Injury by Accident
Bodily Injury by Disease
Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the Agreement.
Coverage shall be provided by a company or companies authorized to transact
business in the state of Florida and the company or companies must maintain a minimum rating
of A-V1, as assigned by the AM. Best Company.
B. Prior to the commencement of work governed by this Agreement, the
Firm shall obtain General Liability Insurance. Coverage shall be maintained throughout the life
of the Agreement 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 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per person
$1,000,000 per Occurrence
$ 100,000 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 Agreement. In addition, the period for which claims may be reported shall extend for a
minimum of twelve (12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
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C. Recognizing that the work governed by this Agreement requires the use
of vehicles, the Firm, prior to the commencement of work, shall obtain Vehicle liability
Insurance. Coverage shall be maintain throughout the life of the Agreement and include. as a
minimum, liability coverage for:
· Owned, Non-Owned, and Hired Vehicles
The Minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
22. GoverninQ LawNenue: This Agreement shall be governed and construed by and
in accordance with the laws of the State of Florida. Venue for any dispute shall be in Monroe
County. Mediation shall be conducted according to the rules of the 16th Judicial Circuit for
Monroe County. This Agreement is not subject to arbitration.
23. Entire AQreement Amendment: This writing embodies the entire Agreement and
understanding between the parties hereto, and there are not other agreements and
understandings, oral or written, with reference to the subject matter hereof that are not merged
herein and superseded hereby. Any amendment to this Agreement shall be in writing
recommended by the TDC and approved by the County and signed by both parties.
24. Severability: If any provisions of this 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 this Agreement shall be valid and enforceable to the
fullest extent permitted by law.
25. Authority: Each of the signatories for the Firm below certifies and warrants that:
a) Firm's name in the Agreement is the full name as designated in its corporate
charter, and
b) He/she is empowered to act in agreement for the contractor, and
c) This Agreement has been approved by the Firm's board of directors
26. Ethics Clause: Firm warrants that it has not employed retained or otherwise had
act on its 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 these provision the County may, at its discretion terminate this
Agreement without liability and may also, at its discretion, deduct from the Agreement 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.
27. Public Entity Crime Statement: 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 an
agreement to provide any goods or services to a public entity, may not submit a bid on an
agreement 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
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work as a contractor, supplier, subcontractor, or consultant under an agreement with any public
entity, and may not transact business with any pLlblic 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. By signing below, Firm represents it is not in violation
of this paragraph.
,/ !<I,...rWITNESS WHEREOF, the parties hereto have executed this Agreement the day and
. y~arfirs~ above 'vVritten
Board of County Commissioners
of Monroe County fZ
~At}~
Mayor/Chairman
(CORPORA TE SEAL)
Stuart Newman Associates, Inc.d/b/a
S-lcretary
Newma~".t'C ~/? __~. )./1. C/
~:!' /;/ /1 /
"'/ //1 j /' / /i '}\, /
By (-"J /// f ;;:(/ i' './ j
/' ,1 d"'l I. '// ? ..
President '
/'
,~. ..
Ij t' (
/LL/'/.
~l r // Itl
jt, './ l ~.ii~
Attest:
By.
Print Name
Print Name
Date:
Date:
OR TWO WITNESSES
(1)
(2)
Print Name
Print Name
Date:
Date:
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
/
., ...~
SUSAN M OFlIMSLEY /
ASSISTANT COUNTY ATTORNEY
Date .
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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: MAY 19.2010
Division:
TDC
Bulk Item: Yes -X- No
Department:
Staff Contact Person/Phone #: Maxine Pacini
296-1552
AGENDA ITEM WORDING:
Approval of an amendment to agreement with Cellet Travel Services Ltd to extend agreement for
twenty four (24) additional months.
ITEM BACKGROUND:
TDC approved same at their meeting of April 27, 2010
PREVIOUS RELEVANT BOCC ACTION:
BOCC approved original agreement at their meeting of July 18,2007.
CONTRACT/AGREEMENT CHANGES:
Amendment
ST AFF RECOMMENDATIONS:
Approval
TOTAL COST: $72,080
BUDGETED: Yes
No
COST TO COUNTY: $72,080
SOURCE OF FUNDS:
TDC
REVENUE PRODUCING: Yes
AMOUNTPERMONTH_ Year
Risk Management
APPROVED BY: County Atty -K-
DOCUMENTATION:
lncl uded X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 11/06
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Cellet Travel Services, Ltd. Contract 313
Effective Date: 10/1/07
Expiration Date: 9/30/12
Contract Purpose/Description:
Approval of an amendment to agreement with Cellet Travel Services Ltd to extend
agreement for twenty four (24) additional months.
Contract Manager: Maxine Pacini 3523 TDC # 3
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 5/19/10 Agenda Deadline 5/4/10
CONTRACT COSTS
Total Dollar Value of Contract: $ 72,080
Budgeted? Yes~ No D Account Codes:
Grant: $
County Match: $
Current Year Portion: $
116-76065-530340- T -G-06-220-X-53031 0
ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Risk Management
o .~B./Purchasing
Changes
Needed
YesDNoB
YesDNoB/
I
I
YesD No[Jf
YesDNo~
Date Out
Division Director
Reviewer
County Attorney
C. Hall
Comments:
OMB Form Revised 2/27/01 Mep #2
D~-D(-1D D~;~ba Yg; ~
AMENDMENT (1st AMENDMENTI TO AGREEMENT
THIS AMENDMENT to agreement dated the_day of 2010, is entered into by and between
the Board of County Commissioners for Monroe County, on behalf of the Tourist Development Councll, and
Cellet Travel Service Ltd, a corporation organized and operating under the laws of the United
Kingdom.
WHEREAS, there was a contract entered into on July 18, .2007 between the parties, for Cellet Travel
Services to provide European Sales and Promotional Services; and
WHEREAS, the original agreement with the Cellet Travel Services has an option to extend
agreement for an additional twenty four (24) month periOd beyond the initial award period; and
WHEREAS, the parties desire to exercise option to extend agreement for an additional twenty four
(24) month period;
NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree to
the amended agreement as follows:
1. Paragraph 1 of the contract shall read: The contract shall expire on September 30,2012.
2. The remaining provisions of the contract dated July 18, 2007 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= Danny l. Kolhage, Clerk
Board of County Com missioners
of Monroe County
Deputy Clerk
(CORPORATE SEAL)
Attest
Mayor/Chairman
Secretary
Canat Travel Services, Ltd.
By ~~~
President
5re-!l~ CJ e~- A-Lk:..(a.~
Print Name
By.
Print Name
OR TWO WITNESSES
(1)
(1 )
(2)
(2)
Print Name
Print Name
Anl.endment # 1
Ce~ Travel Services
Contract #: 313
AGREEMENT
THIS AGREEMENT is entered into this IfL day of {ftt" ,2007, by and
between Monroe County, a political subdivision of the stat~ of P10rida (County), and Cellet
Travel Services Ltd, a corporation organized and operating under the laws of the United
Kingdom (Firm).
WITNESSETH:
WHEREAS, Firm is qualified to provide European Sales and Promotional Services
which promote tourism, and
WHEREAS, the Monroe County Tourist Development Council (TOC) has recommended
to County that Firm be awarded an Agreement for European Sales and Promotional Services,
and
WHEREAS, County wishes to engage the services of Firm for European Sales and
Promotional Services and Firm desires to provide those services;
NOW AND THEREFORE, in consideration of the mutual covenants contained herein,
the parties agree as follows:
1. TERMS: The term of this Agreement is for a period of three (3) years beginning
October 1, 2007 and expiring on September 30, 2010. The County has an option to extend
this Agreement for an additional twenty four (24) month period beyond the initial award period,
upon 90 days prior written notice of Agreement extension to Firm.
2. SCOPE OF SERVICES: In consideration of the base monthly contractual
amount, Firm shall provide the following services to promote the Florida Keys as a primary
destination in Florida on behalf of the Monroe County for European/International travelers:
Provide services to develop a sales and marketing campaign for Florida Keys in
Europe and other International markets.
Provide administrative offices, staff, promotional materials and promotional
services to European markets.
Provide travel trade (tour operators, travel agencies, meeting planners) and
consumer marketing assistance, materials, and training to help develop travel to
the Florida Keys.
Provide trade and consumer promotional fulfillment program.
Provide telephone information services assistance program.
Provide photo library to assist travel industry.
Provide promotional assistance to Airline Industry that support travel to Florida
Keys.
Provide staff services to travel trade and consumer shows.
Provide recommended advice to TOC staff on markets, trends and issues.
Provide monthly reports to the TOC.
Act as liaison with TOC European Public Relations Agency.
European Sales Contract 2007
Cellet Travel Services Ltd.
1
Act as liaison with Visit Florida offices in Europe.
Provide administrative services expenses such as telephone, fax, email and
copy machine.
Provide review and recommendations for European/International content for
Web Site.
Provide representation with various visit USA Committees.
Provide the establishment and management of agreements with sub-agencies
for European/International markets and programs.
3. MONTHLY REPORTS: Firm shall provide to TDC Administrative Office, 1201
White Street, Suite 102, Key West, Florida, monthly reports and document of results of
services each month of the year.
Monthlv reports to TDC shall include all of the followinq:
Sales reports on attended trade shows
Number of Sales Calls carried out
Number of enquiries received
Number of fulfilment packs issued
New Product Development reports
Market Trends and News from European Travel Trade
Monthly invoices
4. COMPENSATION: Firm shall be compensated in an amount of $72,080
(Seventy Two Thousand and Eighty Dollars) per year, excluding any reimbursable expenses to
perform the Scope of Services. Reimbursable expenses to perform the Scope of Services
must be supported by necessary documentation and are as follows:
Trade Show registrations
Trade Show Exhibit expenses
Coordination fee for presentation for trade shows, exhibits, special projects
Special Promotions
Travel and Entertainment
Postage and Carriage expenses
Industry Memberships
Printing costs
Translations of text for materials
Long distance telephone expenses
and other operating expenses as outlined and approved each year within the annual Marketing
Plan.
Following the third year, the County and the agency shall have the option of renewing this
Agreement for two (2) years under the same conditions subject to negotiation of monetary
terms. Monroe County's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the BOCC.
5. BILLINGS: The Firm shall submit to the TDC Administrative Office eleven
monthly billings for $6,000 (Six Thousand Dollars) and 1 monthly billing of $6,080 (Six
Thousand and Eighty Dollars) for staff and contracted services. The County shall be
responsible for payment of all authorized fees and reimbursable costs due the Firm or sub-
agency, while this Agreement is in force which are described and limited in paragraph 4. Said
2
payments shall be sent by County directly to Cellet Travel Services Ltd. 47 High Street, Henley
in Arden, Warwickshire, B95 5AA, United Kingdom.
6. TERMINATION: Either party shall haye the right to cancel this Agreement at
its sole discretion with or without cause upon ninety (90) days prior written notice to the other
party. Firm shall deliver to the County all papers, equipment and other material related to the
work performed under this Agreement or developed or created pursuant to this Agreement
upon any termination.
7. AGENCY OF RECORD: The Firm shall act as the agency of record of the TDC
for sales representation within Europe and other International countries.
8. RECORDS - ACCESS AND AUDITS: The Firm shall maintain adequate and
complete records to justify all charges, expenses and costs incurred in performing the work for
at least four (4) years after completion of this Agreement. The County shall have access to
such books, records, and documents concerning the contracted services. The access to and
inspection of such books, records, and documents by the County shall occur at any
reasonable time. Firm understands that it shall be responsible for repayment of any and all
audit exceptions identified by County. Any current or subsequent contract awards will be
offset by the amount of any audit exceptions. In the event there are not funds still held by
County for a contract award, the amount of audit exception shall be billed to Firm who shall
promptly pay same.
9. INDEPENDENT CONTRACTOR RELATIONSHIP: The Firm, is and shall be, in
the performance of all works, services, and activities under this Agreement, an independent
contractor and not an employee, agent or servant of the County. The Firm shall exercise
control, direction, and supervision over the means and manner and personnel in which it and
its employees perform the work. In all respects, the "Firm's" relationship and the relationship
of its employees to the County shall be that of an independent contractor and not as
employees or agents of the County. Moreover, the Firm shall have no authority whatsoever to
act on behalf and/or as agent for the County in any promise, contract, or representation other
than specifically provided for in this Agreement. The County shall at no time be legally
responsible for any negligence on the part of said contractor, its employees or agents,
resulting in either bodily or personal injury or property damage to any individual, form, or
corporation.
1 O. MODIFICATION: Additions to, modification to, or deletions from the Scope of
Work and/or costs of work set forth in this Agreement may be made only by amendment to
this Agreement which must be approved in writing by the County. No modification shall
become effective without written approval of County.
11. BREACH AND PENALTIES: The parties agree to full performance of the
covenants contained in this Agreement, and the County reserves the right at its discretion,
provided any breach is material, to terminate the services in this Agreement for any
misfeasance, malfeasance or nonperformance of the Agreement terms or negligent
performance of the Agreement terms by Firm. Any waiver of any breach of covenants herein
contained shall not be deemed to be a continuing waiver and shall not operate to bar the
3
County from declaring a forfeiture for any succeeding breach either of the same conditions or
covenants or otherwise.
12. INSURANCE: The Firm shall carry during the term of this Agreement
general liability insurance, including bodily injury and property loss damage to cover all claims,
demands or actions by any person or entity in anyway arising from the services proYided.
Such liability insurance shall be in an amount not less than $1,000,000.00. Monroe County
shall be named as additional insured under the insurance policy and such insurance shall be
primary and non-contributing with any insurance carried by the County. The Firm shall furnish
the County with a certificate evidencing the insurance required by this paragraph upon the
signing of this Agreement.
13. INDEMNIFICATION AND HOLD HARMLESS: The Firm shall indemnify and
hold harmless the County, their departments, agencies, officials, employees, agents, servants
and contractors, against any claims, liabilities and expenses (including reasonable attorney's
fees) arising as a result of any direct and/or indirect action of Firm, its employees, agents,
servants and/or contractors in the performance of the terms of this Agreement or otherwise
related to activity conducted in the furtherance of this Agreement except to the extent that, in
the case of any act of negligence, Firm reasonably relied upon material supplied by the
County or any employee of County. Firm shall immediately give notice to County of any suit,
claim or action made against Firm that is related to any activity under this Agreement and will
cooperate with the County in the investigation arising as a result of any suit, claim or action
related to this Agreement.
14. LAWS AND REGULATIONS: It shall be understood and agreed that any and all
services, materials and equipment shall comply fully with all Local, State and Federal laws and
regulations.
15. TAXES: The County is exempt from Federal, Excise and State of Florida Sales
Tax.
16. FINANCE CHARGES: The County shall not be responsible for any finance
charges.
17. SEVERABILITY: If any provision of this 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 this Agreement shall be valid and enforceable
to the fullest extent permitted by law.
18. FORCE MAJEURE: The Firm 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 sub-Firms or suppliers, including labor dispute,
strike, labor shortage, war or act of war whether an actual declaration thereof is 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 the Firm has exercised reasonable care in the
4
prevention thereof and has made every effort to mitigate the circumstances and damages, and
any such delay or failure shall not constitute a breach of the Agreement. The Firm shall notify
the TDC of any delay or failure to perform within five (5) days of such action. Upon demand of
TDC, the Firm must furnish evidence of the causes of such delay or failure. The Firm shall not
resume its performance hereunder unless provided for in the Scope of Services or directed to
by the County.
19. ASSIGNMENT: Firm shall not assign, transfer, sublease, pledge, hypothecate,
surrender, or otherwise encumber or dispose of this Agreement or any estate created by this
Agreement or any interest in any portion of the same, or permit any other person or persons,
company or corporation to perform services under this Agreement without first obtaining the
written consent of the County. In the event of such consent, this Agreement shall be binding
upon the Firm's successors and assigns.
20. DISCLOSURE: The Firm shall be required to list any or all potential conflicts of
interest, as defined by Florida Statute 112 and Monroe County Ethics Ordinances. The Firm
shall disclose to the County all actual or proposed conflicts of interest, financial or otherwise,
direct or indirect, involving any client's interest which may conflict with the interest of the
County.
21. ADDITIONAL CONDITIONS: Firm agrees to accept additional conditions
governing the use of funds or performance of work as may be required by federal, state or
local statute, ordinance or regulation or by other policy adopted by County. Such additional
conditions shall not become effective until Firm has been notified in writing and no such
additional conditions shall be imposed retroactively.
22. INDEPENDENT PROFESSIONAL JUDGEMENT: Firm shall at all times
exercise independent professional judgment and shall assume full responsibility for the service
to be provided and work to be completed.
23. CARE OF PROPERTY: The Firm shall be responsible to the County for the
safekeeping and proper use of the property entrusted to Firm's care, to include any and all
insurance for the yalue of the equipment and any maintenance or service contracts relating to
such equipment for its service life.
24. ETHICS CLAUSE: The Firm warrants that no person has been employed or
retained to solicit or secure this Agreement upon an agreement or understanding for a
commission, percentage, brokerage, or contingent fee and that no member of the Monroe
County government or the TDC has any interest, financially or otherwise, in the Firm or its
subcontractors.
25. 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:
5
For Firm:
Ms. Stella Clery-Ackland
47 High Street
Henley in Arden
Warwickshire
B95 5AA
United Kingdom
For Monroe County TOC:
Ms. Lynda Stuart
1201 White Street
Suite 102
Key West, FL 33040
County shall give notice to Firm of any meetings on which there is an agenda item pertaining
to Firm's Agreement. The notice shall be given so that Firm has ample time to make travel
arrangements for an Executive Board member to attend the meeting.
26. PUBLIC ENTITY CRIME STATEMENT: 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 bind
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. By executing this Agreement, Firm warrants
that it is not in violation of this statutory provision.
27. APPROVALS ANO CHANGES OF SPECIFICATIONS OF SERVICES: The TOC
shall have the sole and exclusive right to approve, modify, reject, or cancel any and all plans,
proposals, submissions and other work in process, in which event the TOC's directions shall
be immediately implemented. However, nothing in this Agreement shall be construed as
requiring the Firm to violate any contractual commitments to vendors contracted on TOC's
behalf. All contractual commitments to contracted vendors require the TOC's prior written
approval. The County shall only be liable for charges approved in writing prior to the FIRM's
entering into such contractual commitment.
The performance of all services between Firm as described and otherwise provided
under this Agreement will be in full cooperation with and under the direct supervision of the
TOC. Whenever approval is required from the TOC, said approval shall be from the TOC
Marketing Oirector or TOC Oirector of Sales, according to TOC policy.
28. EXCLUSIVE REPRESENTATION: The Firm agrees that it will not represent
any private resort or attraction within Monroe County or any other municipal or County
destination in Florida, without prior approval in writing from the TOC. Firm shall act at all times
herein as independent contractor, and nothing contained herein shall be construed to create
the relation of principal and agent or employer and employee, between TOC/County and Firm.
29. APPLICABLE LAW; VENUE: This Agreement shall be governed by and
construed according to the laws of the State of Florida and the United States of America and
6
all actions brought under or pursuant to this Agreement shall be brought in a court of
competent jurisdiction in Monroe County, Florida. Mediation shall be governed by the rules of
the 16th Judicial District, Monroe County, Florida. This Agreement is not subject to arbitration.
30. OWNERSHIP: All work performed under the Agreement shall be the
property of the TDC and County, for whatever use and/or disposition the TDC and County may
deem appropriate. Such property shall include: a) all plans, documents and
recommendations; b) all manuscripts, copy, graphics, and videotapes. The TDC and County
shall have the full right to reproduce and/or use any products derived from the contractor's
work under the Agreement without payment of any royalties or fees.
31. FULL AGREEMENT: This writing embodies the entire Agreement and
understanding between the parties hereto, and there are not other contracts/agreements and
understandings, oral or written, with reference to the subject matter hereof that are not merged
herein and superseded hereby. In order to be effectiye, any amendment and/or change to this
Agreement shall be in writing recommended by the TDC and approved by the County and
signed by both parties.
32. CONSTRUCTION: This Agreement has been carefully reviewed by legal counsel
for both parties. Therefore, this Agreement shall not be strictly construed against either party
on the basis of authorship.
\.._~
/_..-.._.. .. c. .. .. .-. .. "_~.
erN WlfN~S$WHEREOF, the parties have executed this Agreement the day and year first
above. wrjtten.
(SEAL)
Attest: Danny L. Kolhage, Clerk
Board of County Commissioners
of Monroe County
~:7 (i _,t
I /7/\1 tl
/L . t//. ) I .... /1
""-~ I "'~:f--,,)/-'''-'1:.t;/ ---;tt(':-_l?'-/f.~<~'-'t- V' l-/
- Deputy Clerk
~jO;~
Mayor/Chairman
(CORPORATE SEAL)
Attest:
Secretary
Cellet Travel Services Ltd.
By ~ IL/(I c=:;
President
t3fei!14 C/e'1!' /lek to /((./
Print Name
By.
Print Name
OR TWO WITNESSES
(1
(2)
Print Name
7
Pri~~'E COUNTY ATTORNEY
1APPROVED AS TO FORM:
'to ,'.. ~jJl' (I!Llll~'l.J'<',
" _' 1 _" f r I." - ~'- - ,/.
SUSAN M ~RIMSLEY I
ASSISTANT COUNTY ATTORNEY
nRIA)) .J, ,
1"6 E.........
MONROE COUNTY, FLORIDA
Request Pur Waiver
of
Insuran~e Requirements
It illi rc::quClStcd that the Insurance requirements, as specified in me COlllltY's 5chedu1e of Insurance
Requirement;" be waived 01' modified on the fbllow:lng COIltract.
Contractor:
CeUet Travel Semces Ltd.
Contract for: EuroDe.l.a Sales aDd Promotioaal Services wbicll Dm.eKe tourism
Addraa ot Co.tractor: 41 Hiela Street, HeDley jo Arden, WaJWiclrsllire, B'5 5AA. VJlited Kincdom
PbOIlOI
.u (0) 1~ ."..",
Scope of Work: services to promote the Florida Keys 88 a primary destination in
Florida on behalf of the Monroe County for Europearv'lntemational travelers
Reaso>> tOr Waiver: Limitc:-d c:;xposure to Monroe County
Polici.. Waiver will
apply *"
All insurcmc;c requirements within the Agreement approved by BOCC on July 18, 2007
.~A/C
Approvad 'I,. (-\. Not Approved
," \ ",9 .
, ' \" I "
Risk Maaage.....t:, ..1 I )" J ,,~J 711 ..t .... _fJi
((~ )) (i)
Sicaatare of COlltredor:
..c::::--. .
..
Da1:e:
County Administrator Appeal:
AppJVYed
Not Approved
D.tal
802rd of CoUllty Co.miesioD.... App_1:
Approved
Not Approved
:'\Ieetiag Date:
AdministratioD IDstruction
#4709.J
.., . ~
(; IJ
EI99'CN
U8~€L P9Sl0 (
1
ur3
ZQ:SI L ~ .~ ~OF
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: MAY 19.2010
Division:
TDC
Bulk Item: Yes
No
Department:
Staff Contact Person/Phone #: Maxine Pacini
296-1552
AGENDA ITEM WORDING:
Approval of an Out of County Advertising Policy for the Monroe County Tourist Development
Council Operations Manual.
ITEM BACKGROUND:
TDC approved same at their meeting of April 27, 2010
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
ST AFF RECOMMENDATIONS:
Approval
TOTAL COST: $
BUDGETED: Yes
No
COST TO COUNTY: $
SOURCE OF FUNDS:
TDC
REVENUE PRODUCING: Yes
No
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty ~ OMB/Purchasing _Risk Management
DOCUMENT A TION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM
Revised 11/06
DATE:
April 16, 2010
TO:
Tourist Development Council
FROM:
Harold Wheeler, TDC Director
RE:
Out of County Advertising Policy
Due to the fact that we have had an event coordinator submit invoices for
reimbursement of advertising placements that included events that took place at
venues outside of Monroe County (the ad showed events in Monroe County and
outside Monroe County from the same organization), I would like the TDC to
approve the addition of a policy that would state the following:
"Marketing expenses for events held outside Monroe County shall not be
reimbursed/direct paid."
If approved this policy shall be forwarded to the Monroe County Board of County
Commissioners for approval and then incorporated within all event funding
contracts.
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: MAY 19,2010
Division:
TDC
Bulk Item: Yes ~ No
Department:
Staff Contact Person/Phone #: Maxine Pacini
296-1552
AGENDA ITEM WORDING:
Approval of an amendment to Agreement with Eco Week Events, Inc. to revise date of the production
of EcoWeek 2010.
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION:
BOCC approved original agreement at their meeting of November 18, 2009
CONTRACT/AGREEMENT CHANGES:
Amendment
ST AFF RECOMMENDATIONS:
Approval
TOT AL COST: $54,500
BUDGETED: Yes ~ No
COST TO COUNTY: $54,500
SOURCE OF FUNDS:
TDC
AMOUNTPERMONTH_ Year
REVENUE PRODUCING: Yes X No
urchasing ~
Risk Management X
APPROVED BY: County Atty ~
DOCUMENTATION:
Included
Not Required_
DISPOSITION:
AGENDA ITEM
Revised 11/06
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Eco Week Events Contract # 656
-
Inc. Effective Date: 11 /18/09
Expiration Date: 3/31/11
Contract Purpose/Description:
Approval of an amendment to Agreement with Eco Week Events, Inc. to revise date of
the production of EcoWeek 2010.
Contract Manager: Maxine Pacini 3523 TDC # 3
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 5/19/1 0 Agenda Deadline 5/4/1 0
CONTRACT COSTS
Total Dollar Value of Contract: $ 54,500
Budgeted? Yes[gJ No D Account Codes:
Grant: $
County Match: $
Current Year Portion: $
115-75360-530340-T-M-05-672-X-530340
119-79030-530340- T-S-09-672-X-530340
115-75360-530340- T -M-05-672-X-530340
121-71030-530340- T-S-01-672-X-530340
ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Division Director
Changes
Date In Needed
YesDNoB
YesDNoff
\ J':
rbYesD No[2]
!
Date Out
O.M.B./Purchasing
if
County Attorney
YesDNo~
C. Hall
Risk Management
Comments:
OMB Form Revised 2/27/01 Mep #2
AMENDMENT (1st AMENDMENT) TO AGREEMENT
THIS AMENDMENT to agreement dated the day of 2010, is entered into by and between
the Board of County Commissioners for Monroe County, Florida, a political subdivision of the state of Florida
("County"), and Eco Week Events, Inc. ("Event Sponsor").
WHEREAS, there was an agreement entered into on November 18, 2009, between the parties,
awarding $54,500 (Fifty Four Thousand and Five Hundred Dollars: District II = $5,000; District III =
$4,500; District IV = $20,000; District V = $25,000) for EcoWeek 2010 on November 1-14, 2010; and
WHEREAS, it has become necessary to revise the date of the event within the agreement.
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 as follows: The County agrees to pay up to $54,500 (Fifty
Four Thousand and Five Hundred Dollars: District II = $5,000; District III = $4,500; District IV = $20,000;
District V = $25,000) for EcoWeek 2010 on November 1-7, 2010 from tourist development tax funds (see
Exhibit "G"). No more than 1 0% of the total advertising and promotional costs paid under this agreement
shall be attributable to in-county advertising and promotion. The general non~allocated section of an event
budget shall not exceed 15% of the total budget and may be utilized for unforeseen permissible
expenditures and for those budget lines that may require additional funds. No amendments shall be
made to Exhibit "G" after approval of contract. A list of Acceptable Event Marketing Expenses is
attached to the contract as Exhibit "A".
2. The remaining provisions of the contract dated November 18, 2009, 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: Danny L. Kolhage, Clerk
Board of County Commissioners
of Monroe County
Deputy Clerk
Mayor/Chairman
MONROE COUNTY ATTORNE
{~P~t~ORM:
-=; CYNTH IA L. HALL
ASSISTANT COUNTY ATTORfI
Date l -I <I-~()'O
(CORPORATE SEAL)
Attest:
Secretary
By.
Print Name
OR TWO WITNESSES
(1 )
(1 )
(2)
(2)
Print Name
Print Name
Amendment #1
Bco-week
Contract #: 656
Destination Events Agreement
THIS AGREEMENT (Agreement) is entered into this day of
2009 by and between MONROE COUNTY, a political subdivision of the state of Florida
(County) and Eco Week Events, Inc. a not for profit business organized and operating
under the laws of the state of Florida (Event Sponsor).
WITNESSETH:
In consideration of the mutual covenants contained herein, the parties agree as follows:
amendments
Acceptable Event Marketing
1. The County agrees to pay up to $54,500 (Fifty Four Thousand and Five
Hundred Dollars: District II = $5,000; District III = $4,500; District IV = $20,000;
District V = $25,000) for EcoWeek 2010 on November 1-14, 2010 from tourist
development tax funds (see Exhibit "G"). No more than 10% of the total advertising and
promotional costs paid under this agreement shall be attributable to in-county advertising
and promotion. general non-allocated of an event shall not
exceed 15% of budget and be for
that
after approval of
to the contract as
to
A
is
"A""
2. Scope of Services: The event sponsor agrees to provide the County with an
event as specified below:
a). District II - See Exhibit C
b). District 111- See Exhibit D
c). District IV - See Exhibit E
d). District V - See Exhibit F
3. All adyertising and public relations services or supervision of advertising and
public relations will be provided through the contracted agencies of the Tourist
Development Council (TOC) and COUNTY. The agencies of record shall receive payment
for work in progress upon submission of documented invoices associated with the event.
EcoWeek 2010
Contract 10 #: 656
1
4. Payment: Any payments directly to the event sponsor or vendors associated
with said event shall be as follows:
Payment upon presentation of an invoice shall indicate the task completed
for which payment is sought, with proper documentation attached.
Monroe County's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the COUNTY. Only acceptable expenses
listed in the Monroe County Tourist Development Council Operations Manual shall be paid.
5. AccountinQ: Financial records of the Sponsor pertaining to this project shall
be kept according to generally recognized accounting principles and shall be available to
the COUNTY or to an authorized representative for audit.
6. Modification: Line item changes to the advertising and promotion budget
may be made up to but not exceeding 10% of the larger line item amount without requiring
COUNTY approval of the particular change.
7. Breach and Penalties: The parties agree to full performance of the
covenants contained in this agreement, and the COUNTY reserves the right at its
discretion, provided such breach is material, to terminate this agreement for any
misfeasance, malfeasance, or nonperformance of the agreement terms or negligent
performance of the agreement terms by the event sponsor.
8. Termination: This Agreement will be terminated on March 31, 2011. All
invoices must be submitted prior to March 31, 2011.
9. Non Occurrence of Event: If the event does not take place for any reason
under control of Event Sponsor except for those reasons in paragraph 19, then Event
Sponsor agrees to refund to the COUNTY any amounts already paid to them under this
agreement, and relieve the COUNTY from any further payments.
The event sponsor shall give written notice to the Monroe County Tourist
Development Council if it is found necessary to cancel an event. The notice shall contain
the following specifics: 1) reason for cancellation, 2) documentation of the reason for
cancellation and 3) person authorized to cancel including title and stated affiliation.
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Contract I D #: 656
2
10. Indemnification and Hold Harmless: The event sponsor covenants and
agrees to indemnify and hold harmless and defend Monroe County, its officers, employees
and agents including the Tourist Development Council and Visit Florida Keys 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, except those losses or damages caused by COUNTY or its agents.
11. Insurance Requirements: 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 schedules. Failure to comply with this provision
may result in the immediate 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:
*
Original 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 COUNTY 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.
EcoWeek 2010
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3
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.
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 work 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
EcoWeek 2010
Contract I D #: 656
4
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.
12. Permits: The event sponsor will secure all required permits, licenses
including but not limited to occupational licenses.
13. Taxes: The COUNTY and TDC are exempt from Federal Excise and State
of Florida Sales Tax.
14. Finance Charoes: The COUNTY and TDC shall not be responsible for any
finance charges.
15. Relation of COUNTYfTDC: It is the intent of the parties hereto that the event
sponsor shall be legally considered as an independent Event Sponsor and that neither it
nor its employees shall, under any circumstances, be considered employees, servants or
agents of the COUNTY and TDC and the COUNTY and TDC shall at no time be legally
responsible for any negligence on the part of said Event Sponsor, its employees or agents,
resulting in either bodily or personal injury or property damage to any individual, firm, or
corporation.
16. Disclosure: The event sponsor shall be required to list any or all potential
conflicts or interest, as defined by Florida Statute 112 and Monroe County Code. The
event sponsor shall disclose to the COUNTY and TDC all actual or proposed conflicts of
interest, financial or otherwise, direct or indirect, involving any client's interest which may
conflict with the interest of the COUNTY and TDC.
17. Assionment The event sponsor shall not assign, transfer, convey, sublet or
otherwise dispose of this agreement, or of any or all of its right, title or interest therein, or
his or its power to execute such agreement to any person, company or corporation without
prior consent of the COUNTY.
EcoWeek 2010
Contract 10 #: 656
5
18. Compliance with laws - Nondiscrimination: The event sponsor, 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.
19. Force Maieure: The event sponsor 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 the
event sponsor has exercised reasonable care in the prevention or mitigation of damages
and delay, any such delay or failure shall not constitute a breach of the Agreement. Upon
demand of TDC or COUNTY, the event sponsor must furnish evidence of the causes of
such delay or failure. COUNTY shall not pay for any services or activities, promotional or
otherwise, connected with an event produced after the date(s) described in paragraph 1
and Scope of Services.
20. GoverninQ LawNenue: This Agreement shall be governed by and construed
in accordance with the laws of the State of Florida applicable to contracts made and to be
performed entirely in the State. In the event that any cause of action or administrative
proceeding is instituted for the enforcement or interpretation of the agreement, the County
and Sponsor agree that venue shall lie in the appropriate court or before the appropriate
administrative body in Monroe County, Florida. This Agreement shall not be subject to
arbitration.
21. Security Protection: The event sponsor agrees to provide adequate security
for the event. No TOC funds will be used for this purpose.
22. Ownership: All advertising and promotion work performed under the
agreement and paid for by the COUNTY and TDC shall be the property of the COUNTY
and TDC, for whatever use and/or disposition the COUNTY and TDC may deem
appropriate.
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Contract I D #: 656
6
23. Media rights: The TDC shall have the right to broadcast, rebroadcast, use,
reproduce or transmit for any purpose whatsoever, radio, television, pictures, sound, film
and tape motion pictures and still photographs paid by the COUNTY and TDC under this
agreement.
24. Logo: Logo Usage are to as
Exhibit B". For all promotional literature and display advertising with the exception of
generic advertising must display the "Florida Keys & Key West Come As You Are"
logo/trade mark (as per attached logo sample). This logo/trade mark was adopted by
the TDC and County in December 2006.
In-County LOQo: The logo that includes the "Monroe County Tourist Development Council"
designation is to be utilized in all approved in-county print newspaper ads, magazine ads,
street banners, posters and other approved signage efforts. Radio commercials should
include "Brought to you by The Monroe County Tourist Development Council". To seek
approval, clarification and/or logo in electronic format (eps or jpg file), contact John
Underwood with Tinsley Advertising at 305-856-6060.
Out of County LOQo: The out of county logo does NOT include the "Monroe County Tourist
Development Council" designation and is to be utilized in all other efforts including any
approved out-of-county print newspaper ads, magazine ads, television commercials,
internet advertising (banners, buttons, e-mail blasts), direct mail promotions (brochures
and pamphlets) and any approved promotional items including programs, T-shirts, hats,
jackets, trophies and koozie cups. Radio commercials should include "Brought to you by
The Monroe County Tourist Development Council". To seek approval, clarification and/or
logo in electronic format .(eps or .jpg file), contact John Underwood at Tinsley Advertising
at 305-856-6060.
25. Severability: If any provision of this Agreement shall be held by a Court of
competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be
affected thereby; and each provision of this Agreement shall be valid and enforceable to
the fullest extent permitted by law.
26. Authority: Each of the signatories for the sponsor below certifies and
warrants that:
EcoWeek 2010
Contract I D #: 656
7
a) The Sponsor's name in the agreement is the full name as designated in its
corporate charter, and b) they are empowered to act and execute the agreement for the
Sponsor and c) this Agreement has been approved by the Sponsor's Board of Directors.
27. Ethics Clause: The event sponsor warrants that it has not employed, retained
or other wise had act on 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 agreement without liability and may also, at its
discretion, deduct from the agreement 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.
28. Public Entity Crimes: "A person or affiliate who has been placed on the
convicted vendor list following a conviction for public entity crime may not submit a
proposal on a contract to provide any goods or services to a public entity, may not submit
a proposal on a contract with a public entity for the construction or repair of a public
building or public work, may not submit proposals 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 period of 36 months from the date of being placed on the convicted
vendor list."
29. Notice: Any notice required or permitted under this agreement shall be in
writing and had delivered or mailed, postage prepaid, to the other party by certified mail,
returned receipt requested to the following:
For Grantee: Christi Allen
99611 Overseas Highway # 333
Key Largo, FL 33037
For Grantor: Lynda Stuart
Monroe County Tourist Development Council
1201 White Street, Suite 102
Key West, FL 33040
EcoWeek 2010
Contract 10 #: 656
8
And
Cynthia Hall, Asst. County Attorney
P.O. Box 1026
Key West, FL 33041-1026
.,,,-
30. Entire Aareement: The parties agree that the Agreement above constitutes
the entire agreement between the COUNTY and event sponsor. Except as provided in
paragraph 6 of this Agreement. this Agreement can never be amended or modified except
in a writing signed by the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.
(SEAL)
A~Oanny
(~ /'
.~
Kolhage, Clerk
~~?-
De uty Clerk
Board of Cou"ty Commissioners
of nroe County
if-/!. n~5~
Mayor/Chairman
(CORPORATE SEAL)
Attest:
EcoWeek Events, Inc.
Secretary
By.
Print Name
Date:
. .' ~ i g/ ~
Date: \ 'v \ c> ['-'I
OR TWO WITNESSES
(1 )
(2)
Print Name:
Print Name:
Date:
Date:
9
MO~ROE COUNTY ATTORNEY
Iir&PdPRO ED AS TO> F. ,q~M:
}- ,4t:L v r
~~i CY~1tllA L.' HAL~
ASSISvrANT COUNTY ATTORNEY
(() ,L_ , ., " '1
Date ' v '>^ lj(!.;
EcoWeek 2010
Contract 10 #: 656
EXHIBIT A
Acceptable Event Marketina Expenses
(Desti nation/TurnKey/Cultural/Fishing Events)
soee 9/20/06
ADVISORY COMMITTEES (UMBRELLAS/DISTRICT ADVISORY COMMITTEES) AND EVENT
COORDINATORS' RESPONSIBiliTY: It is the responsibility of the Advisory Committees
(Umbrella/District Advisory Committees (DAC) and Event Coordinators to keep apprised of all
Monroe County Tourist Development Council's policies and procedures pertaining to event funding.
01/22/92
When DAC event proposals are received, they will be distributed to DACs for review and
recommendations to the TDC. Upon approval of the TDC of any event funding recommendations.
a contract will be entered into by the applicant and BOCC. The BOCC has final approval of all
contracts.
Any Request for Proposal (RFP) response received after the specified deadline. as determined
within the RFP. will not be accepted. TDC 7/21/93 This policy mirrors that of the Board of County
Commissioners. BOCC 9/8/93
EVENT FUNDING: The TDC has established several categories of events that may receive
funding. There are four categories of events that may receive funding from the TDC; Destination
Events; Turnkey Events; Cultural Events and Fishing Events.
All advertising and promotional items shall follow the logo/guidelines for the Monroe County Tourist
Development Council.
TDC funded items are NOT to be sold. 9/14/94
Only the items listed will be reimbursed for the described events. All event coordinators will receive
a reimbursement/direct payment packet that includes an executed copy of the funding agreement.
The packet provides guidelines required for reimbursement/direct payment of Acceptable Event
Marketing Expenses.
No individual applications for Event funding will be considered out of the Two Penny Event Fund
other than the Umbrellas (Cultural, Fishing & Diving). 7/26/95
DESTINATION EVENTS: Destination events will be paid as per the scope of services within the
contract and those acceptable items/expenses listed below. Destination events may utilize up to
10% of their approved line item budgets for in-county hard media and public relations. A general
non-allocated line item is not to exceed 15% of the total budget and can only be utilized for
acceptable TDC items as listed in this section. There cannot be more than a 10% deviation on the
approved line item budget.
Media Placement & Production Costs: newspaper; magazines, radio; TV; website/internet
advertising onll
Promotional SiQns: posters and banners
Promotional Items: T-shirts; hats; jackets; koozie cups. Refer to Sales/Resale statement.
EcoWeek 2010
Contract 10 #: 656
10
Direct Mail Promotions: brochures and pamphlets including postage/shipping. This is a direct mail
promotional brochure/pamphlet utilized for pre-event advertising.
ProQrams: TDC will pay for an event program of listed or schedule of activities and information on
the event, an amount not to exceed 50% of cost, including production and printing, of program as
outlined in contract budget.
Public Relations: Public relations expenses that are approved by public relations agency of record.
TURNKEY EVENTS: TurnKey events will be paid based upon the scope of services within the
contract.
CUl TURAUFISHING UMBREllA EVENT FUNDING: Any event of a fishing or
artistic/special/dramatic nature shall apply for funding under the appropriate umbrella organization.
Within the Cultural and Fishing Umbrella events funding process, the monies received by the event
coordinator is to be used within the approved acceptable list of TOe expenses listed below without
any restriction as to out-of-county advertising. Each Umbrella shall appropriate a minimum of 30%
of the funds of the Umbrella for out-of-county advertising and public relations. 70% or the
remainder that has not been allocated to the advertising/public relations agencies of record within
the Umbrellas, shall be allocated by the Umbrella to the applicants for event funding. The budget,
which is included with the application, will be individually reviewed by the Umbrella, the applicant
and the advertising/public relations agencies of record. There cannot be more than a 10%
deviation on the approved line item budget. No amendments to budgets will be permitted after this
approval process. 9/14/94 General non allocated line item is not to exceed 15% of the total
budget and can only be utilized for acceptable TDC items listed below.
If an Umbrella does not allocate all the funds earmarked for direct event funding within a district,
the remaining funds shall be allocated and utilized to advertise that specific district as
recommended by the Umbrella committee.
Any event receiving funding under the Umbrella organization will not be eligible for additional
funding under another TDC event category. 08/14/91
CULTURAL EVENTS:
Media Placement & Production Costs: newspaper; magazines, radio; TV; website/internet
advertising onlyZ
Promotional SiQns: posters and banners
Promotional Items: T-shirts; hats; jackets; koozie cups. Refer to Sales/Resale statement.
Direct Mail Promotions: brochures and pamphlets including postage/shipping. This is a direct mail
promotional brochure/pamphlet utilized for pre-event advertising.
ProQrams: TDC will pay for an event program of listed or schedule of activities and information on
the event, an amount not to exceed 50% of cost, including production and printing, of program as
outlined in contract budget.
Public Relations: Public relations expenses that are approved by public relations agency of record.
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Contract I D #: 656
11
FISHING EVENTS:
Media Placement & Production Costs: newspaper; magazines, radio; TV; website/internet
advertising onli
Promotional SiQns: posters and banners
Promotional Items: T-shirts; hats; jackets; koozie cups; trophies/awards (Fishing Tournaments
only) 1. Refer to Sales/Resale statement.
Direct Mail Promotions: brochures and pamphlets including postage/shipping. This is a direct
mail promotional brochure/pamphlet utilized for pre-event advertising.
ProQrams: TDC will pay for an event program of listed or schedule of activities and information on
the event, an amount not to exceed 50% of cost, including production and printing, of program as
outlined in contract budget.
Public Relations: Public relations expenses that are approved by public relations agency of record.
1 TROPHIES: framed art work, framed photography, engraved crystal and glass, plaques, trophies,
sculptures (fiberglass, metal, glass & wood) and framed certificates shall constitute a trophy. All
such trophies must include the appropriate information as outlined in the policies (tournament
name, date, and location). 9/14/94 For TROPHY reimbursement, Tournament Directors must
present the original invoice of the trophies, a notarized list of winners of the event, and a notarized
list of the plates and/or glass etching from the engraving company. 8/20/03.
2 ADVERTISING THROUGH THE INTERNET: The TDC will pay for Internet advertising on web
sites (banners, buttons, website links), and E-mail blasts. Internet advertising links may go to the
event website. Logo is required on banners and E-blasts. No payment will be made for
development or operation (hosting) of website. BOCC 5/16/06
SALE/RESALE OF TDC FUNDED ITEMS: Items funded, including creative and resulting work
product, by the BOCCITDC, in accordance with Florida Public Records Law, are owned by the
BOCCrrDC and as such may not be sold. 09/14/94
EcoWeek 2010
Contract 10 #: 656
12
EXHIBIT B
Loao/Acknowledaement Usaae Guidelines For Events
Destination/TurnKey/Cultural/Fishing Events
soee 12120/06
Color ads four (4) color processing printing 06/12/91
Black & white ads shall include the Florida Keys and Key West logo in PMS black. 06/12/91
Use on all printed material as listed under the Acceptable Event Marketing Expenses list
TV: logo must appear at the conclusion of commercial
Hats/t-shirts/jackets/koozie cups: must carry the "The Florida Keys & Key West" logo
Radio Advertising: No logo is required. All radio announcements must say "Brought to
you by the Monroe County Tourist Development Council"
Trophies: Logos are not required on trophies.
In-County LOQO
The below logo that includes the "Monroe County Tourist Development Council"
The designation is to be utilized in all approved in-county print
Fl d K newspaper ads, magazine ads, street banners, posters
Of 1. d eys and other approved signage efforts. Radio commercials
should include "Brought to you by The Monroe County
V \\II Tourist Development Council". To seek approval,
& ~ey' west clarification and/or logo in electronic format (.eps or .jpg
come os you c1l'e4ll file), contact Sharon Joseph or John Underwood with
..... Tinsley Advertising at 305-856-6060.
MONlOE COUNTY TOU1lST DEVEl.OPMfNT COUNCil
Out-of-County Logo
The below logo that does NOT include the "Monroe County Tourist Development Council"
Th designation is to be utilized in all other efforts
e including any approved out-of-county print newspaper
FI .d V ads, magazine ads, television commercials, internet
Ofl d l\.eys advertising (banners, buttons, e-mail blasts), direct
K ~ mail promotions (brochures and pamphlets) and any
& t approved promotional items including programs, T-
ey es shirts, hats, jackets, trophies and koozie cups. Radio
come os vou ore- commercials should include "Brought to you by The
..... 1 Monroe County Tourist Development Council". To
seek approval, clarification and/or logo in electronic format (.eps or .jpg file), contact
Sharon Joseph or John Underwood at Tinsley Advertising at 305-856-6060.
EcoWeek 2010
Contract ID #: 656
13
In-County Loao
The
Florida Keys
..-
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
Out-oJ-County Loao
The
Florida Keys
EcoWeek 2010
Contract 10 #: 656
..-
14
EXHIBIT C
(DISTRICT II)
1. State recognized sponsorship which will guarantee state TV, radio and
newspaper marketing
2. A one day R4 Fair
3. A Progressive Wine Dinner
4. A Kayaking Poker Run
5. Bicycle Fest with overnight stay
6. Permission to link from the EcoWeek Florida Keys website to the
TDC/district home page
7. Place the official District II logo in the Official EcoWeek 2010 guide
and promotional posters
8. Proyide permission for District II to use the EcoWeek logo for
advertising district EcoWeek events
EcoWeek 2010
Contract I D #: 656
15
EXHIBIT D
(DISTRICT III)
1. State recognized sponsorship which will guarantee state TV, radio and
newspaper marketing
2. A one day R4 Fair
3. A Progressive Wine Dinner
4. A Kayaking Poker Run
5. Bicycle Fest with overnight stay
6. Permission to link from the EcoWeek Florida Keys website to the
TDC/d istrict homepage
7. Place the official District III logo in the Official EcoWeek 2010 guide
and promotional posters
8. Provide permission for District III to use the EcoWeek logo for
advertising district EcoWeek events
EcoWeek 2010
Contract I D #: 656
16
EXHIBIT E
(DISTRICT IV)
1. National recognized sponsorship which will guarantee National TV,
radio, internet and print marketing
2. A one day R4 Fair
3. A Progressive Wine Dinner
4. A Kayaking Poker Run
5. Eco-Music Fest
6. Eco-Fashion Show
7. 5K and 1mi Fun Run
6. Permission to link from the EcoWeek Florida Keys website to the
TDC/district homepage
7. Place the official District IV logo in the Official EcoWeek 2010 guide
and promotional posters
8. Provide permission for District IV to use the EcoWeek logo for
advertising district EcoWeek events
EcoWeek 2010
Contract 10 #: 656
17
EXHIBIT F
(DISTRICT V)
1. National recognized sponsorship which will guarantee National TV,
radio, internet and print marketing
2. Everglades Kayaking Scavenger Hunt
3. A Progressive Wine Dinner
4. A Kayaking Poker Run
5. HallowGreen Party
6. Alternative Fuel Rally
6. Permission to link from the EcoWeek Florida Keys website to the
TDC/district homepage
7. Place the official District V logo in the Official EcoWeek 2010 guide
and promotional posters
8. Provide permission for District V to use the EcoWeek logo for
advertising district EcoWeek events
EcoWeek 2010
Contract 10 #: 656
18
EXHIBIT G
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
DESTINATION EVENT BUDGET
BUDGET BREAKDOWN
line items listed below must be approved by the appropriate agency of record
There will be no amendments to this budget (Exhibit C) after BOCC approval of Agreement
FISCAL YEAR 2010
EVENT NAME:
EcoWeek 2010
MEDIA PLACEMENT & PRODUCTION COSTS: newspaper, radio, magazines,
TV, websltellnternst advertising only
54,500.00
PROMOTIONAL SIGNS: posterslbanners
$0
PROMOTIONAL ITEMS: t-shlrta, hats. jackets, koozle cups
$0
DIRECT MAIL PROMOTIONS: brochures/pamphletsl
postage & shipping
PROGRAMS:
$0
$0
$0
PUBUC RELATIONS
$0
-GENERAL NON-ALLOCATED
$0
TOTAL:
$54,500
-GENERAL NON ALLOCATED MAY NOT EXCEED 15% OF THE ABOVE BUDGET.
AND CAN ONLY BE UTILIZED FOR ACCEPTABLE TOC ITEMS.
ACTUAL EXPENDITURES MAY DEVIATE NO MORE THAN 10% FROM THE BUDGETED UNE ITEMS
NOTED ABOVE.
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: MAY 19,2010
Division:
TDC
Bulk Item: Yes ~ No
Department:
Staff Contact Person/Phone #: Maxine Pacini
296-1552
AGENDA ITEM WORDING:
Approval of an amendment to Agreement with Upper Keys Business Group, Inc. to revise funding
allocation; Schedule of Events and Budget for the Key Largo Singers & Songwriters Festival in May,
2010.
ITEM BACKGROUND:
TDC approved same at their meeting of April 27, 2010
PREVIOUS RELEVANT BOCC ACTION:
BOCC approved original agreement at their meeting of October 21, 2009
CONTRACT/AGREEMENT CHANGES:
Amendment
ST AFF RECOMMENDATIONS:
Approval
TOTAL COST: $20,000
BUDGETED: Yes -L No
COST TO COUNTY: $20,000
SOURCE OF FUNDS:
TDC
REVENUE PRODUCING: Y es ~ No
AMOUNT PER MONTH_
APPROVED BY: County Atty -L
,
\
~
urchasing ~
Risk Management X
DOCUMENTATION:
Included X
Not Required
DISPOSITION:
AGENDA ITEM #
Revised 11/06
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Upper Keys Business Contract # 613
-
Group, Inc. Effective Date: 10/21/09
Expiration Date: 9/30/10
Contract Purpose/Description:
Approval of an amendment to Agreement with Upper Keys Business Group, Inc. to
revise funding allocation; Schedule of Events and Budget for the Key Largo Singers &
Songwriters Festival in May. 2010.
Contract Manager: Maxine Pacini 3523 TDC # 3
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 5/19/1 0 Agenda Deadline 5/4/1 0
CONTRACT COSTS
Total Dollar Value of Contract: $ 20,000
Budgeted? Yes[;8J No D Account Codes:
Grant: $
County Match: $
Current Year Portion: $
115-75011-530340-T-C-05-650-X-530340
ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
%.j,n
Division Director 'i..... J ~ 0
Changes
Needed
YesD Nocr
Date Out
Risk Mana~ment
l,.~ ,,~
~ '>\ >:
O. .B./Purchasmg
YesD N
YesDNo~
C. Hall
County Attorney
Comments:
OMB Form Revised 2/27/01 MCP #2
AMENDMENT (1st AMENDMENT) TO AGREEMENT
THIS AMENDMENT to agreement dated the lZ~ay of frr:;c;' 1 2010, is entered into by and
between the Board of County Commissioners for Monroe County, Florida, a political subdivision of the
state of Florida ("County"), and Upper Keys Business Group, Inc. ("Event Sponsor").
WHEREAS. there was an agreement entered into on October 21. 2009 between the parties,
awarding $25,000 for the production of Key Largo Singers & Songwriters Festival in May 2010; and
WHEREAS, it has become necessary to revise the schedule of activities within the agreement
outlined as exhibit C; and
WHEREAS, due to a reduction in the number of activities the event sponsor will produce, the
funding allocation shall be reduced by $5,000 (Five Thousand Dollars) of the original allocation and the
event budget shall be revised; and
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 be revised to read as follows: Amount: County shall pay a
sum not to exceed $20,000 (Twenty Thousand Dollars) effective October 21,2009 for promotion and
related expenditures, as described in the event budget, attached hereto as Exhibit "0", for production
of the Key Largo Singers' & Songwriters' Festival in May. 2010. No amendments shall be made
to Exhibit "0" after approval of contract 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 using 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 shall not exceed 15% of the total budget and 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. Exhibit C - Schedule of Events shall be revised and attached hereto.
3. Exhibit 0 - Event Budget Breakdown shall be revised and attached hereto.
4. The remaining provisions of the contract dated October 21,2009, remain in full force and effect.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Amendment # I
Key Largo Singers and Songwriters Festival- FY 2010
Contract #: 613
IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first
above written.
(SEAL)
Attest: Danny L. Kolhage, Clerk
Board of County Commissioners
of Monroe County
Deputy Clerk
Mayor/Chairman
(CORPORATE SEAL)
Attest:
Secretary
Upper Keys Business Group, Inc.
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MONROE COUNTY ATTORNEY
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Date :1:- IP ~01 U
Amendment # 1
Key Largo Singers and Songwriters Festival - FY 20 10
Contract #: 613
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REVISED
EXHIBIT D
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
CUL TURAL UMBRELLA EVENT BUDGET
BUDGET BREAKDOWN
line items listed below must be approved by the appropriate agency of record
There will be no amendments to this budget (Exhibit D) after BOCC approval of Agreement
EVENT NAME: Key Largo Singer's & Songwriter's Festival
Media Placement & Production Costs: newspaper, radio. magazines, lV,
website/internet advertising only
PROMOTIONAL SIGNS: posters/banners
PROMOTIONAL ITEMS: t-shirts, hats, jackets. koozie cups
DIRECT MAIL PROMOTIONS: brochures/pamphlets/postage & shipping
PROGRAMS:
PUBLIC RELATIONS:
-GENERAL NON.ALLOCATED:
$16,700.00
$2,300.00
$1 ,000.00
$0.00
$0.00
$0.00
$0.00
TOTAL
$20,000.00
-GENERAL NON ALLOCATED MAY NOT EXCEED 15% OF THE ABOVE BUDGET AND CAN ONLY BE UTILIZED FOR
ACCEPTABLE TDC ITEMS
ACTUAL EXPENDITURES MAY DEVIATE NO MORE THAN 10% FROM THE BUDGETED LINE ITEMS NOTED ABOVE,
FUNDING AGREEMENT
THIS AGREEMENT is made and entered into by and between Monroe County, Florida, a
political subdivision of the state of Florida ("County"), and Upper Keys Business Group, Inc.
("Event Sponsor") on this -.2.L day of O~f , 2009.
WHEREAS, the umbrella organization under contract to the County has recommended to the
Monroe County Tourist Development Council ("TDC"), which has endorsed the recommendation, that
certain monies be allocated for promotion of an event by Event Sponsor;
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
1 . Amount: County shall pay a sum not to exceed $25,000 (Twenty Five Thousand
Dollars) effective October 21, 2009 for promotion and related expenditures, as described in the
event budget, attached hereto as Exhibit "D", for production of the Key Largo Singers' &
Songwriters' Festival in May, 2010_ No amendments shall be made to Exhibit "D" after
approval of contract. 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 using 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 shall not exceed 15% of the total budget and 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. Duties of Event Sponsor: Event Sponsor shall provide promotion and related services
as described in the Schedule of Events, Exhibit "C", attached hereto. All advertising and public
relations services or supervision of advertising and public relations will be provided through the
contracted agencies of the TDC and County.
3. InvoicinQ: A list of Acceptable Event Marketing Expenses is attached to the
contract as Exhibit "A". The contracted agencies of record shall receive payment of work in
progress upon submission of documented invoices associated with the event. Event sponsor fully
understands that funding is obtained from tourist development taxes for which the fiscal year ends
September 30, 2010. 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 year, 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, 2010, all invoices and
support documentation as required by the County's Finance Department rules and policies, Event
Key Largo Singers & Songwriters' Festival
Cultural Umbrella Funding FY 2010
Contract 10#: 613
invoices received by the County after September 30, 2010, except that for events with
promotional expenditures incurred between July 1 and September 30, 2010, invoices must be
submitted within ninety (90) days of the conclusion of the event.
4, Reimbursement to County: 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, Indemnification: Event Sponsor covenants and agrees to indemnify and hold
harmless Monroe County, the Tourist Development Council, the 3406 North Roosevelt
Corporation (Visit Florida Keys), their officers, employees and agents 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.
6, Claims and Venue: Event Sponsor agrees to notify County immediately of any
claims suits, or action made against the Event Sponsor that is related to the activity under this
agreement, and will cooperate with County in the investigation arising as a result of any action,
suit, or claim related to this Agreement. Any legal proceedings arising out of this agreement shall
be in accordance with the laws of the State of Florida in the 16th Judicial Circuit for Monroe
County; venue shall be in Monroe County, Florida,
7, Records: Event Sponsor shall maintain records pursuant to generally accepted
accounting principles for four (4) years after the event and shall permit County and its agents and
employees access to said records at reasonable times.
8, Termination: County may terminate this agreement without cause by providing written
notice to Event Sponsor, through its officer, agent, or representative, no less than sixty (60) days prior
to the event and may terminate for breach upon providing to Event Sponsor, through its officer, agent
or representative, notice at least seven (7) days prior to the effective date of the termination, Notice is
deemed received by Event Sponsor when hand delivered, delivered ,by national courier with proof of
delivery, or by U,S, mail upon verified receipt or upon the date of refusal or non-acceptance of
delivery,
9, Conflicts: 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.
10, Non-Collusion: By signing below, Event Sponsor warrants that he/she/it has not
employed, rotained or otherwise had act on his/her/its behalf any former County officer or employee in
violation of Section 2 of 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,
Key Largo Singers & Songwriters' Festival
Cultural Umbrella Fundmg FY 2010
Contract 10#: 613
2
11, Public Entities Crimes: 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.
12. LOQo: Logo Usage guidelines are attached to this contract as Exhibit "B".
All promotional literature and display advertising with the exception of generic advertising must
display the "Florida Keys & Key West Come As You Are" logo/trade mark (as per attached logo
sample). This logo/trade mark was adopted by the TDC and County in December 2006.
In-Countv LOQo: The logo that includes the "Monroe County Tourist Development Council"
designation is to be utilized in all approved in-county print newspaper ads, magazine ads, street
banners, posters and other approved signage efforts. Radio commercials should include "Brought to
you by The Monroe County Tourist Development Council". To seek approval, clarification and/or logo
in electronic format (eps or jpg file), contact John Underwood with Tinsley Advertising at 305-856-
6060,
Out of County LOQo: The out of county logo does NOT include the "Monroe County Tourist
Development Council" designation and is to be utilized in all other efforts including any approved out-
of-county print newspaper ads, magazine ads, television commercials, internet advertising (banners,
buttons, e-mail blasts), direct mail promotions (brochures and pamphlets) and any approved
promotional items including programs, T-shirts, hats, jackets, trophies and koozie cups. Radio
commercials should include "Brought to you by The Monroe County Tourist Development Council". To
seek approval, clarification and/or logo in electronic format (eps or jpg file), contact Sharon Joseph or
John Underwood at Tinsley Advertising at 305-856-6060.
13. Insurance Requirements: 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
schedules. Failure to comply with this provision may result in the immediate 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,
Key Largo Singers & Songwriters' Festival
Cultural Umbrella Fundmg FY 2010
Contract 10#: 613
3
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.
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 work 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 I njury 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,
Should the 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. The Event Sponsor'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 Sponsor's General Liability policy,
REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK
Key Largo Singers & Songwriters' Festival
Cultural Umbrella Funding FY 2010
Contract lOti: 613
4
parties have executed this agreement, effective the day and year
Board of County Commissioners
of Monroe County
A.)'-~. ';f)---5~
Mayor/Chairman
(CORPORATE SEAL)
Attest:
Upper Keys Business Group, Inc.
Date:
OR TWO WITNESSES
(1 )
(2)~~ ~
rY1 t u~!(-e- Of I ~
Print Name
Date: Y--:.2-~ q
R.) \ \\~ U~~
Print Name
Date: _-UZ / 0 e,
Key Largo Singers & Songwriters' Festival
Cultural Umbrelfa Funding FY 2010
Contract 10#: 613
MONROE COUNTY ATTORNEY
APPROV~D AS}Oi~OR~7
, (/.: ,.' ./ . I J/ I ,/
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ASSISfANT QOUNT~Y AryORN
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Date ":"-/' .
5
EXHIBIT A
Acceptable Event MarketinQ Expenses
(Destinationrrurn Key/Cultural/Fishi ng Events)
BOCC 9120/06
ADVISORY COMMITTEES (UMBRELLAS/DISTRICT ADVISORY COMMITTEES) AND EVENT
COORDINATORS' RESPONSIBILITY: It is the responsibility of the Advisory Committees
(Umbrella/District Advisory Committees (DAC)) and Event Coordinators to keep apprised of all Monroe
County Tourist Development Council's policies and procedures pertaining to event funding. 01/22/92
When DAC event proposals are received, they will be distributed to DACs for review and recommendations
to the TDC. Upon approval of the TDC of any event funding recommendations, a contract will be entered
into by the applicant and SOCC. The SOCC has final approval of all contracts,
Any Request for Proposal (RFP) response received after the specified deadline, as determined within the
RFP, will not be accepted, TDC 7/21/93 This policy mirrors that of the Soard of County Commissioners.
SOCC 9/8/93
EVENT FUNDING: The TDC has established several categories of events that may receive funding.
There are four categories of events that may receive funding from the TDC; Destination Events; Turnkey
Events; Cultural Events and Fishing Events.
All advertising and promotional items shall follow the logo/guidelines for the Monroe County Tourist
Development Council.
TDC funded items are NOT to be sold. 9/14/94
Only the items listed will be reimbursed for the described events, All event coordinators will receive a
reimbursement/direct payment packet that includes an executed copy of the funding agreement. The
packet provides guidelines required for reimbursement/direct payment of Acceptable Event Marketing
Expenses.
No individual applications for Event funding will be considered out of the Two Penny Event Fund other than
the Umbrellas (Cultural, Fishing & Diving). 7/26/95
DESTINATION EVENTS: Destination events will be paid as per the scope of services within the contract
and those acceptable items/expenses listed below. Destination events may utilize up to 10% of their
approved line item budgets for in-county hard media and publiC relations. A general non-allocated line
item is not to exceed 15% of the total budget and can only be utilized for acceptable TDC items as listed in
this section, There cannot be more than a 10% deviation on the approved line item budget.
Media Placement & Production Costs: newspaper; magazines, radio; TV; website/internet advertising onll
Promotional Siqns: posters and banners
Promotional Items: T-shirts; hats; jackets; koozie cups, Refer to Sales/Resale statement.
Key Largo Singers & Songwriters' Festival
Cultural Umbrella Funding FY 2010
Contract 10#: 613
6
Direct Mail Promotions: brochures and pamphlets including postage/shipping. This is a direct mail
promotional brochure/pamphlet utilized for pre-event advertising.
Programs: TDC will pay for an event program of listed or schedule of activities and information on the
event, an amount not to exceed 50% of cost, including production and printing, of program as outlined in
contract budget.
Public Relations: Public relations expenses that are approved by public relations agency of record,
TURNKEY EVENTS: TurnKey events will be paid based upon the scope of services within the contract.
CUL TURAUFISHING UMBRELLA EVENT FUNDING: Any event of a fishing or artistic/special/dramatic
nature shall apply for funding under the appropriate umbrella organization,
Within the Cultural and Fishing Umbrella events funding process, the monies received by the event
coordinator is to be used within the approved acceptable list of TDC expenses listed below without any
restriction as to out-of-county advertising. Each Umbrella shall appropriate a minimum of 30% of the funds
of the Umbrella for out-of-county advertising and public relations, 70% or the remainder that has not been
allocated to the advertising/public relations agencies of record within the Umbrellas, shall be allocated by
the Umbrella to the applicants for event funding. The budget, which is included with the application, will be
individually reviewed by the Umbrella, the applicant and the advertising/public relations agencies of record.
There cannot be more than a 10% deviation on the approved line item budget. No amendments to
budgets will be permitted after this approval process, 9/14/94 General non allocated line item is not to
exceed 15% of the total budget and can only be utilized for acceptable TDC items listed below.
If an Umbrella does not allocate all the funds earmarked for direct event funding within a district, the
remaining funds shall be allocated and utilized to advertise that specific district as recommended by the
Umbrella committee.
Any event receiving funding under the Umbrella organization will not be eligible for additional funding under
another TDC event category. 08/14/91
CULTURAL EVENTS:
Media Placement & Production Costs: newspaper; magazines, radio; TV; website/internet advertising onll
Promotional Signs: posters and banners
Promotional Items: T-shirts; hats; jackets; koozie cups. Refer to Sales/Resale statement.
Direct Mail Promotions: brochures and pamphlets including postage/shipping. This is a direct mail
promotional brochure/pamphlet utilized for pre-event advertising,
Proqrams: TDC will pay for an event program of listed or schedule of activities and information on the
event, an amount not to exceed 50% of cost, including production and printing, of program as outlined in
contract budget.
Public Relations: Public relations expenses that are approved by public relations agency of record.
Key Largo Singers & Songwriters' Festival
Cultural Umbrella Fundmg FY 2010
Contract 10#: 613
7
FISHING EVENTS:
Media Placement & Production Costs: newspaper; magazines, radio; TV; website/internet advertising onll
Promotional Signs: posters and banners
Promotional Items: T-shirts; hats; jackets; koozie cups; trophies/awards (Fishing Tournaments only) 1.
Refer to Sales/Resale statement.
Direct Mail Promotions: brochures and pamphlets including postage/shipping, This is a direct mail
promotional brochure/pamphlet utilized for pre-event advertising.
Programs: TDC will pay for an event program of listed or schedule of activities and information on the
event, an amount not to exceed 50% of cost, including production and printing, of program as outlined in
contract budget.
Public Relations: Public relations expenses that are approved by public relations agency of record,
1 TROPHIES: framed art work, framed photography, engraved crystal and glass, plaques, trophies,
sculptures (fiberglass, metal, glass & wood) and framed certificates shall constitute a trophy. All such
trophies must include the appropriate information as outlined in the policies (tournament name, date, and
location). 9/14/94 For TROPHY reimbursement, Tournament Directors must present the original invoice of
the trophies, a notarized list of winners of the event, and a notarized list of the plates and/or glass etching
from the engraving company. 8/20/03.
2 ADVERTISING THROUGH THE INTERNET: The TDC will pay for Internet advertising on web sites
(banners, buttons, web site links), and E-mail blasts. Internet advertising links may go to the event website.
Logo is required on banners and E-blasts. No payment will be made for development or operation
(hosting) of website. SOCC 5/16/06
SALE/RESALE OF TOC FUNDED ITEMS: Items funded, including creative and resulting work product, by
the BOCCrrOC, in accordance with Florida Public Records Law, are owned by the BOCCrrOC and as
such may not be sold, 09/14/94
Key Largo Singers & Songwriters' Festival
Cultural Umbrella Funding FY 2010
Contract 10#: 613
8
EXHIBIT B
LOQo/AcknowledQement UsaQe Guidelines For Events
DestinationfTurnKey/Cultural/Fishing Events
Boee 12/20106
Color ads four (4) color processing printing 06/12191
Black & white ads shall include the Florida Keys and Key West logo in PMS black, 06/12191
Use on all printed material as listed under the Acceptable Event Marketing Expenses list
TV: logo must appear at the conclusion of commercial
Hats/t-shirts/jackets/koozie cups: must carry the "The Florida Keys & Key West" logo
Radio Advertising: No logo is required. All radio announcements must say "Brought to you by
the Monroe County Tourist Development Council"
Trophies: Logos are not required on trophies.
In-County L020
The below logo that includes the "Monroe County Tourist Development Council" designation is to
Th be utilized in all approved in-county print newspaper ads,
Fel d K magazine ads, street banners, posters and other approved
Of I. d eys signage efforts, Radio commercials should include "Brought to
you by The Monroe County Tourist Development Council", To
& V \ \If. t seek approval, clarification and/or logo in electronic format (eps
l\..ey' wes or jpg file), contact Sharon Joseph or John Underwood with
. _ come as you dre@ Tinsley Advertising at 305-856-6060,
-.-
MONROE COUNTY TOURIST DEVELOPMENT COUNCIl
Out-or-County L020
The below logo that does NOT include the "Monroe County Tourist Development Council"
The designation is to be utilized in all other efforts including any
approved out-of-county print newspaper ads, magazine ads,
FI d K television commercials, internet advertising (banners,
ori d eys buttons, e-mail blasts), direct mail promotions (brochures and
K we pamphlets) and any approved promotional items including
& ey est .!l programs, T-shirts, hats, jackets, trophies and koozie cups,
. Radio commercials should include "Brought to you by The
Monroe County Tourist Development Council", To seek
. · come dS you dre I I 'f" d/ I 'I 'f (
· . - approva , can Icatlon an or ogo In e ectronlc ormat eps or
jpg file), contact Sharon Joseph or John Underwood at Tinsley Advertising at 305-856-6060,
Key Largo Singers & Songwriters' Festival
Cultural Umbrella Funding FY 2010
Contract 10#: 613
9
In-County logo
The
Floridd Keys
-.-
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
Out-ot-County LOQO
The
Floridd Keys
. .
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Key Largo Singers & Songwriters' Festival
Cultural Umbrella Fundmg FY 20 10
Contract 10#: 613
10
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SCHEDULE OF EVENTS
FISCAL YEAR 20 I 0
EVENT NAME: Key Llrgo Singer's ,~ Songwriter's Festival
List scheduled event activities in date order, If pre-promotion is included, indicate the event dates of the
next season, If funded, funds will be reimbursed only for the promotion of event activities listed here.
C,dendar of Events & locltion Attendance Estimates
Date
location
Time
Estlm,ued
Artend:mce
It;
Friday, May 2010 Coconuts 5:30 PM - II :30 PM 150
Friday, May 2010 Sundowners Restaurant 6PM-8PM 100
Friday, May 2010 Fish House Encore 7 PM - 10 PM 100
Friday, May 2010 Jimmy Johnson's Big Chill 8:30 PM - 10:30 PM 200
Friday, May 2010 Snapper's Waterfront Restaurant 7 PM - 10 PM 100
Saturday, May 2010 Coconuts 5:30 PM - II :30 PM ISO
Saturday, May 2010 Bayside Grille 6 PM - 8 PM 100
Saturday, May 2010 Fish House Encore 7 PM - 10 PM 100
Saturday, May 2010 Sharkey's 7:30 PM - II PM 100
Saturday, May 2010 Sundowners Restaurant 6:30 PM - 10 PM 100
Saturday, May 2010 Pilot House 8:30 PM - 10:30 PM 100
Sunday, May 2010 Snapper's Waterfront Restaurant 1':30AM 3:30 PM 100
Sunday, May "'010 Snapper's Waterfront Restaurant 4:30 PM -6:30 PM 75
Sunday, May 2010 Coconuts 6 PM - 9 PM 75
Sunday, May 2010 Sundowners Restaurant 6:30 PM - 10 PM 75
Monday, May 2010 Coconuts 5:30 PM - II :30 PM 100
Monday, May 2010 Fish House Encore 7 PM - 10 PM 75
Monday, May 2010 Snapper's Waterfront Restaurant 7PM 10PM 100
Monday, May 2010 The Big Chill 8:30 PM - 10:30 PM ISO
Tuesday, May 2010 Coconuts 5 30 PM 1130 PM 75
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IF FU1'JOED, EXHIBI fS A AND B WILL BEC01"lE PART OF YOUR C01'JTRACT AND TRAf'lSI"1I fTFD fO THE OFFICE OF
'HE CLERK OF n iE COURT
EXHIBIT C continued
ENT NAME: Key Lar'go Singer's ,~ Songwriter's Festival
C.ilendar ,)( Events & location Attendance Estimates, pg. 2
Date
Location
Time
Estlll1Jted
~tterdance
)\
I Tuesday, May 2010 Bayside Gnlle 6PM 8PM 75
Tuesday, May 2010 Fish House Encore 7 PM - I 0 PM 100
, Tuesday, May 2010 Sundowners Restaurant 6:30PM-IOPM 75
Tuesday, May 2010 Pilot House 8:30 PM - 10:30 PM 75
Tuesday. May 2010 Snapper's Waterfront Restaurant 7 PM - 10 PM 75
Wednesday, May 2010 Snapper's Waterfront Restaurant 7 PM - 10 PM 75
Wednesday, May 2010 Jimmy Johnson's Big Chill 4PM-6PM 100
Wednesday, May ~010 Coconuts 6 PM - 9 PM 200
Wednesday, May 2010 Sharkey's 6 PM - 10 PM 75
Wednesday, May 2010 Shipwrecks 6:30 PM - 8:30 PM 75
Thursday, May 2010 Coconuts 5:30 PM - II :30 PM 100
Thursday, May 2010 Sundowners Restaurant 6PM-8PM 75
Thursday, May 2010 Snapper's Waterfront Restaurant 7 PM - 10 PM 150
Thursday. May 2010 Fish House Encore 7 PM - 10 PM 75
Thursday. May 2010 Jimmy Johnson's Big Chill 8:30 PM - 10:30 PM 100
Friday. May 2010 Coconuts 5:30 PM - II :30 PM 150
Friday, May 2010 Snapper's Waterfront Restaurant 7 PM - 10 PM 150
Friday, May 2010 Sundowners Restaurant 6:30 PM - 10 PM 75
Friday, May 2010 Fish House Encore 7 PM - 10 PM 75
Friday, Mar ,2010 Sharkey's 7:30 PM - I I PM 75
Saturday. May 2010 Snapper's Waterfront Restaurant 1130 AM - 3:30 PM 75
Saturday, May 2010 Jimmy Johnson's Big Chill 4PM 6PM 200
Saturday, May 2010 Coconuts 6PM-9PM 150
Saturday. May 2010 Sundowners Restaurant 6:30 PM - 8:30 PM 100
Sunday, May 2010 Coconuts 5:30 PM - II :30 PM 100
Sunday, May 2010 Fish House Encore 7PM 10 PM 100
Sunday, May 2010 Snapper's 'Waterfront Restaurant 7 PM - 10 PM ISO
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IF FUNDED. EXHIBITS A AND B WILL 3ECOME PART OF (OUR COI'JTRACTt>.f'ID fRAN')MITTFr> TO fHF OFFIIF nF
fHE CLERK OF rHE COUR r.
MONROE COUNTY TOURIST DEVELOPMENT COUNCil
CULTURAL UMBRELLA EVENT BUDGET
BUDGET BREAKDOWN
line items listed below must be approved by the appropriate agency of record
EXHIBIT D
FISCAL YEAR 2010
There will be no amendments to this budget (Exhibit OJ after BOCC approval of Agreement
EVENT NAME:
Key Largo Singer's & Songwriter's Festival
MEDIA PLACEMENT & PRODUCTION COSTS: newspaper, radio, magazines,
TV, website/internet advertising only
$18,750
$1,750
$1,000
$
$
$500
$3,000
$25,000
PROMOTIONAL SIGNS: posters/banners
PROMOTIONAL ITEMS: t-shirts, hats, jackets, koozie cups
DIRECT MAIL PROMOTIONS: brochures/pamphlets/
postage & shipping
PROGRAMS:
PUBLIC RELATIONS
'GENERAL NON.ALLOCATED
TOTAL:
-GENERAL NON ALLOCATED MAY NOT EXCEED 15% OF THE ABOVE BUDGET,
AND CAN ONLY BE UTILIZED FOR ACCEPTABLE TDC ITEMS,
ACTUAL EXPENDITURES MAY DEVIATE NO MORE THAN 10% FROM THE BUDGETED LINE ITEMS
NOTED ABOVE,
1996 Edition
~IONROE COUNTY. FLORIDA
Request For \Vaiver
of
Insurance Requirements
It IS requested that the insurance requirements, as specitied in the County's Schedule ofInsurance
Requirements, be waived or modltied on the following contract.
Contractor: See Event Attachment - CUL TVR..\L
U eeev (f\iS ISlA':, I Oes. ,S
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:\fame of Entity:
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:\fame of Event:
Contract for: Services
Address of Contractor:
CO TDC Att: Maxine
Phone: 305-296-1552
Scope of Work: Advertising and Promotion
Reason for Waiver: Providing funds to promote event only,... Minimal exposure to
county
Policies Waiver will
apply to: Insurance Require!llents outlined within attached contract
Signature of Contractor:
1
Risk Management:
Date:
County Administrator Appeal:
Approved
:\fot Approved
Date:
Board of C'ounty Commissioners Appeal:
. \pproved _
'iot .\pproved .
.\Iet'ting nate:
Adminhtration Instruction
tI-4709,2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: MAY 19,2010
Division:
TDC
Bulk Item: Yes ~ No
Department:
Staff Contact PersonlPhone #: Maxine Pacini
296-1552
AGENDA ITEM WORDING:
Approval for Monroe County to provide general grounds maintenance services for a Key Largo
Welcome sign,
ITEM BACKGROUND:
TDC approved same at their meeting of April 27, 2010,
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $
BUDGETED: Yes -L No
COST TO COUNTY: $
SOURCE OF FUNDS:
TDC
REVENUE PRODUCING: Yes X No
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty _ OMBIPurchasing _ Risk Management _
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 11/06
DATE:
April 29, 2010
TO:
Monroe County Board of County Commissioners
FROM:
Harold Wheeler, TDC Director
RE:
Consideration and Action re: Key Largo Welcome Sign
The District V Advisory Committee has been working to place a Key Largo Welcome Sign at the
median at mm 106, They are contracting with Eyecatcher Signs to do the work, Prior to
submitting the engineer's drawings and traffic site triangle to the Department of Transportation,
it is necessary to get approval from the Monroe County Board of County Commissioners for the
installation of the sign on county property and approval that Monroe County will maintain the
sign after installation, The maintenance would include just grounds maintenance, TDC would
pay for the sign and for repainting of the sign,
The District V Advisory Committee at their meeting of April 13, 2010 made the following motion:
Ms. McAfee moved approval to place a request on the BOCC agenda to ask permission to install
a welcome sign at the median at mm 106, and ask the county for them to provide general
grounds maintenance services for the sign if necessary, Ms. Miller seconded. Motion passed
unanimously.
The TDC approved same at their meeting of April 27, 2010,
We are requesting Monroe County Board of County Commissioners approve installation
of the sign and general grounds maintenance after installation.