FY2011 10/20/2010 AgreementDANNYL. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: October 25, 2010
TO: Lynda Stuart, Office Manager
Tourist Development Council
ATTN: Maxine Pacini
Administrative Assistant
FROM: Pamela G. Hanco c
At the October 20, 2010, Board of County Commissioners meeting, the Board granted
approval and authorized execution of the following:
Key West Players, Inc. covering the Roof Replacement with Insulation/Soundproofing
project in an amount not to exceed $26,800, DAC I, FY 2011 Capital Resources.
Florida Keys Land & Sea Trust, Inc. covering the Restoration of Adderley House —
Historical Attraction at Crane Point project in an amount not to exceed $32,500, DAC III, FY
2011 Capital Resources.
The following Fishing Umbrella Event Agreements for FY 2011 totaling $265,425:
Tammie Gurgiolo covering the Don Gurgiolo Sailfish Classic in December, 2010 in an
amount not to exceed $4,300, FY 2011, Two Penny Fishing Umbrella Funding.
Islamorada Charterboat Association, Inc. covering the Islamorada Sailfish Tournament in
December, 2010 in an amount not to exceed $8,000, FY 2011, Two Penny Fishing Umbrella
Funding.
Tammie Gurgiolo covering the Islamorada Junior Sailfish in December, 2010 in an
amount not to exceed $3,000, FY 2011, Two Penny Fishing Umbrella Funding.
Key West Fishing Tournament, Inc. covering the Key West Fishing Tournament between
December, 2010 and November 2011 in an amount not to exceed $35,000, FY 2011, Two Penny
Fishing Umbrella Funding.
Tammie Gurgiolo covering the Key Largo Sailfish Challenge in January, 2011 in an
amount not to exceed $6,000, FY 2011, Two Penny Fishing Umbrella Funding.
Murray Marine, Inc. covering the Key West Harbour King Mackerel Tournament in
January, 2011 in an amount not to exceed $15,000, FY 2011, Two Penny Fishing Umbrella
Funding.
Executive Adventures, LLC covering the Sailfish Open in February, 2011 in an amount
not to exceed $15,000, FY 2011, Two Penny Fishing Umbrella Funding.
Tammy Gurgiolo covering the Islamorada Women's Sailfish in February 2011, in an
amount not to exceed $2,200, FY 2011, Two Penny Fishing Umbrella Funding.
Tournament Consultants covering the Backcountry Fly Championship in February 2011,
in an amount not to exceed $1,000, FY 2011, Two Penny Fishing Umbrella Funding.
Captain Terry Fisher, LLC covering the Capt. Leon Shell Memorial Sailfish Tournament
in March, 2011 in an amount not to exceed $10,000, FY 2010, Two Penny Fishing Umbrella
Funding.
Charlotte Ambrogio covering the Islamorada All -Tackle Spring Bonefish Tournament in
April, 2011 in an amount not to exceed $1,000, FY 2011, Two Penny Fishing Umbrella Funding.
Executive Adventures LLC covering the World Sailfish Championship in April, 2011 in
an amount not to exceed $45,000, FY 2011, Two Penny Fishing Umbrella Funding.
Marathon Offshore Bull & Cow Dolphin covering the Marathon Offshore Bull & Cow
Dolphin Tournament, Inc. in April -May 2011, in an amount not to exceed $3,000, FY 2011, Two
Penny Fishing Umbrella Funding.
Coral Shores Athletic Booster Club, Inc. covering the Nick Sheahan Dolphin Rodeo in
April -May, 2011 in an amount not to exceed $4,425, FY 2011, Two Penny Fishing Umbrella
Funding.
Charlie's Coconuts, LLC covering the Coconuts Dolphin Tournament in May, 2011 in an
amount not to exceed $15,000, FY 2011, Two Penny Fishing Umbrella Funding.
Florida Keys Triple Slam Fishing Tournament covering the Florida Keys Triple Slam
Fishing Tournament in May, 2011 in an amount not to exceed $5,000, FY 2011, Two Penny
Fishing Umbrella Funding.
David Breznicky covering the Tarponian Tournament in May, 2011 in an amount not to
exceed $3,000, FY 2011, Two Penny Fishing Umbrella Funding.
Golden Fly Invitational Tarpon Tournament, Inc. covering the Outback Golden Fly
Tarpon Tournament in May, 2011 in an amount not to exceed $1,000, FY 2011, Two Penny
Fishing Umbrella Funding.
Marathon Bait and Tackle, Inc. covering the Ladies Tarpon Tournament in May, 2011 in
an amount not to exceed $2,000, FY 2011, Two Penny Fishing Umbrella Funding.
Marathon Bait and Tackle, Inc. covering the Marathon International Tarpon Tournament
in May, 2011 in an amount not to exceed $3,000, FY 2011, Two Penny Fishing Umbrella
Funding.
Interselect, Inc., dba Burdines Waterfront covering the Blackfin Tuna Fun Fishing
Tournament in June, 2010 in an amount not to exceed $2,000, FY 2011, Two Penny Fishing
Umbrella Funding.
Gold Cup Tarpon Tournament, Inc. covering the Gold Cup Tarpon Tournament in June,
2011 in an amount not to exceed $1,000, FY 2011, Two Penny Fishing Umbrella Funding.
The Don Hawley Foundation, Inc. covering the Don Hawley Tarpon Tournament in June,
2011 in an amount not to exceed $1,000, FY 2011, Two Penny Fishing Umbrella Funding.
Key West Gators, Inc. covering the Key West Gator Club Dolphin Derby in June, 2011 in
an amount not to exceed $5,000, FY 2011, Two Penny Fishing Umbrella Funding.
Lower Keys Chamber of Commerce, Inc. covering the Big Pine and Lower Keys Dolphin
Tournament in June, 2011 in an amount not to exceed $9,000, FY 2011, Two Penny Fishing
Umbrella Funding.
Islamorada Charterboat Association, Inc. covering the Islamorada Dolphin Tournament in
June, 2011 in an amount not to exceed $5,000, FY 2011, Two Penny Fishing Umbrella Funding.
Interselect Inc. dba Burdines Waterfront covering the 1 lth Annual Dolphin & Blackfin
Tuna Fun Fishing Tournament in June, 2011 in an amount not to exceed $2,000, FY 2011, Two
Penny Fishing Umbrella Funding.
Professional Firefighters of MC IAFF Local 3909 covering the Dolphin Flashover in July,
2011 in an amount not to exceed $2,000, FY 2011, Two Penny Fishing Umbrella Funding.
Tournament Consultants, Inc. covering the Del Brown Permit Tournament in July, 2011
in an amount not to exceed $1,500, FY 2011, Two Penny Fishing Umbrella Funding.
Key West Marlin Tournament, Inc. covering the Key West Marlin Tournament in July,
2011 in an amount not to exceed $30,000, FY 2011, Two Penny Fishing Umbrella Funding.
Herman Lucerne Memorial Foundation covering the Herman Lucerne Memorial
Tournament in September 2011 in an amount not to exceed $3,500, FY 2011, Two Penny
Fishing Umbrella Funding.
E
The Saltwater Angler, Inc. covering the Saltwater Angler's Grand Slam in September
2011 in an amount not to exceed $5,000, FY 2011, Two Penny Fishing Umbrella Funding.
Charlotte Ambriogio covering the Islamorada Fall Fly Bonefish Tournament in
September 2011 in an amount not to exceed $1,000, FY 2011, Two Penny Fishing Umbrella
Funding.
The Redbone, Inc. covering the Robert James SLAM Celebrity Tournament in September
2011 in an amount not to exceed $6,000, FY 2011, Two Penny Fishing Umbrella Funding.
Charlotte Ambriogio covering the Islamorada All Tackle Bonefish World Championship
Tournament in October 2011 in an amount not to exceed $1,000, FY 2011, Two Penny Fishing
Umbrella Funding.
The Redbone, Inc. covering the Baybone Celebrity Tournament in October 2011 in an
amount not to exceed $9,000, FY 2011, Two Penny Fishing Umbrella Funding.
The Redbone, Inc. covering the Redbone Celebrity Tournament in November 2011 in an
amount not to exceed $6,500, FY 2011, Two Penny Fishing Umbrella Funding.
Cultural Umbrella Event Agreements for Fiscal Year 2011, totaling $486,812:
Upper Keys Business Group, Inc.covering the Key Largo Pirate's Fest, in October 2010
in an amount not to exceed $25,000, FY 2011, Two Penny Cultural Umbrella Funding.
Key West Garden Club, Inc. covering the Key West Garden Club 2010/2011 Seasonal
Events between October 2010 - April 2011, in an amount not to exceed $7,000, FY 2011, Two
Penny Cultural Umbrella Funding;
Marathon Garden Club, Inc. covering the Marathon Garden Club's Seasonal Events,
between October 2010 - May 2011 in an amount not to exceed $10,0000, FY 2011, Two Penny
Cultural Umbrella Funding.
Key West Symphony Orchestra, Inc. covering the Key West Symphony Orchestra,
between October 2010 - July 2011 in an amount not to exceed $8,500, FY 2011, Two Penny
Cultural Umbrella Funding.
Marathon Community Theatre, Inc. covering the Marathon Community Theatre
2010/2011 Season, between October 2010 - September 2011 in an amount not to exceed
$25,000, FY 2011, Two Penny Cultural Umbrella Funding.
Miami -Dade Historical Maritime Museum, Inc. covering the Key West Coast Guard
Maritime Museum between October, 2010 - September, 2011, in an amount not to exceed
$5,000, FY 2011, Two Penny Cultural Umbrella Funding.
The Studios of Key West, Inc. covering the Studios of Key West 2010-2011 Cultural
Season between October, 2010 - September, 2011, in an amount not to exceed $18,491, FY
2011, Two Penny Cultural Umbrella Funding.
Key West Film Society, Inc. covering the Key West's Year Round Film Festival between
October, 2010 - September, 2011, in an amount not to exceed $21,420, FY 2011, Two Penny
Cultural Umbrella Funding.
The Key West Harry S. Truman Foundation, Inc. covering the Little White House
Presidential Exhibits & Public Programs between October, 2010 - September, 2011 in an
amount not to exceed $20,433, FY 2011, Two Penny Cultural Umbrella Funding.
Red Barn Actors Studio, Inc. covering the Red Barn Theatre 2010/2011 Season between
October, 2010 - September, 2011, in an amount not to exceed $23,867, FY 2010, Two Penny
Cultural Umbrella Funding.
The Mel Fisher Heritage Society, Inc. covering the Keys Maritime Exploration
Experience, between October 2010 - September 2011, in an amount not to exceed $18,103, FY
2011, Two Penny Cultural Umbrella Funding.
Key West Council of the Arts, Inc. covering the Impromptu Concerts 2010/2011, between
October, 2010 - September, 2011, in an amount not to exceed $12,539 FY 2011, Two Penny
Cultural Umbrella Funding.
The Marathon Community Theatre, Inc. covering the Marathon Community Theatre
Season 2009-2010 between October, 2009 and September, 2010 in an amount not to exceed
$23,000 FY 2011, Two Penny Cultural Umbrella Funding.
The Florida Keys History of Diving Museum, Inc. covering Immerse Yourself, between
October 2010 - September 2011 in an amount not to exceed $17,000 FY 2011, Two Penny
Cultural Umbrella Funding.
Key West Art & Historical Society, Inc. covering the Key West Art & Historical Society
Cultural Events Series between October, 2010 - September, 2011 in an amount not to exceed
$25,000, FY 2011, Two Penny Cultural Umbrella Funding.
St. Paul's Episcopal Church of KW Florida covering the Performance at St. Paul's
between October 2010 - September 2011 in an amount not to exceed $11,406, FY 2011, Two
Penny Cultural Umbrella Funding.
Pirate Tours of Key West covering the Pirates in Paradise Festival between November,
2010 and December, 2010, in an amount not to exceed $6,227, FY 2011, Two Penny Cultural
Umbrella Funding.
Florida Keys Art Guild, Inc. covering the Florida Keys Art Guild Art Festivals between
November, 2010 - April, 2011, in an amount not to exceed $22,688, FY 2011, Two Penny
Cultural Umbrella Funding.
Florida Keys Community Concert Band, Inc. covering the Pops in the Park between
November, 2010 - April, 2011, in an amount not to exceed $16,070 FY 2011, Two Penny
Cultural Umbrella Funding.
Key West Players, Inc. covering the Waterfront Playhouse 2011/2011 Season between
November, 2010 - June 2011, in an amount not to exceed $18,070 FY 2011, Two Penny
Cultural Umbrella Funding.
Lower Keys Artists Network, Inc. covering the Art Going Green on Big Pine Key
between November, 2010 - July, 2011, in an amount not to exceed $6,000 FY 2011, Two Penny
Cultural Umbrella Funding.
Performing Arts Centers of Key West, Inc. covering the Tennessee Williams Theatre
between November 2010 - September 2011, in an amount not to exceed $17,196 FY 2011, Two
Penny Cultural Umbrella Funding.
No Matter What Productions, Inc. covering the 12 Step Music Fest between November,
2010 - November 2011 in an amount not to exceed $12,000 FY 2011, Two Penny Cultural
Umbrella Funding.
Paradise Ballet Theatre Presenters, Inc. and Nutcracker Key West during December, 2010
in an amount not to exceed $12,054, FY 2011, Two Penny Cultural Umbrella Funding.
Key Largo Merchants Association, Inc. covering the Pennekamp 50th Anniversary in
December, 2010, in an amount not to exceed $25,000 FY 2011, Two Penny Cultural Umbrella
Funding.
Old Island Restoration Foundation, Inc. covering the KW House & Gardens Tours and
Conch Shell Blowing in between December 2010 - March 2011, in an amount not to exceed
$10,112 FY 2011, Two Penny Cultural Umbrella Funding.
National Council for Traditional Arts, Inc. covering the Florida Keys Traditional Music
Festival, 2nd Annual, January 2011, in an amount not to exceed $20,000 FY 2011, Two Penny
Cultural Umbrella Funding.
Monroe Association for Retarded Citizens, Inc. covering the Master Chefs Classic,
January 2011, in an amount not to exceed $4,000 FY 2011, Two Penny Cultural Umbrella
Funding.
The Key West Pops, Inc. covering the Key West Pops 2010/2011 Concert Season,
January 2011, in an amount not to exceed $3,000 FY 2011, Two Penny Cultural Umbrella
Funding.
Key West Literary Seminar, Inc., covering the KW Literary Seminar, 29th Annual,
January 2011, in an amount not to exceed $14,000 FY 2011, Two Penny Cultural Umbrella
Funding.
Key West Art Center, Inc. covering the Key West Craft Shop and Old Island Days Art
Festival, January 2011 - February 2011, in an amount not to exceed $4,800 FY 2011, Two
Penny Cultural Umbrella Funding.
Key West Botanical Garden Society, Inc. covering the Key West Tropical Garden
Cultural Calendar Event, January 2011 - August 2011, in an amount not to exceed $10,000 FY
2011, Two Penny Cultural Umbrella Funding.
Pigeon Key Foundation, Inc. covering the Pigeon Key Art Festival in February, 2011, in
an amount not to exceed $9,559, FY 2010, Two Penny Cultural Umbrella Funding.
Lower Keys Chamber of Commerce, Inc. covering the Underwater Music Festival in July,
2011, in an amount not to exceed $5,000, FY 2011, Two Penny Cultural Umbrella Funding.
Florida Keys Birding and Wildlife Festival, Inc. covering the Florida Keys Birding and
Wildlife Festival in September 2011, in an amount not to exceed $11,000, FY 2011, Two Penny
Cultural Umbrella Funding.
Florida Keys History of Diving Museum, Inc. for the Diving History Research Library
and Meeting Room project in an amount not to exceed $74,181 DAC IV, FY 2011 Capital
Resources.
Islamorada, Village of Islands for beach and beach park facilities cleaning an trash
removal services in Islamorada in an amount not to exceed $45,000 per year for five years,
commencing with DAC IV, FY 2011 Capital Resources.
City of Marathon covering Sombrero and Coco Plum beach cleaning and maintenance in
an amount not to exceed $90,500, DAC III, FY 2011 Capital Resources.
Marine Mammal Conservancy, Inc. for the Marine Mammal Conservancy Phase 1 project
to extend termination of Agreement to November, 30, 2010.
Marine Mammal Conservancy, Inc. covering the Marine Mammal Conservancy Phase II
Property Improvements project in an amount not to exceed $28,180, DAC V, FY 2011 Capital
Resources.
Lower Keys Chamber of Commerce, Inc. covering the Big Pine & Lower Keys Nautical
Flea Market in an amount not to exceed $8,000, DAC II, FY 2011 Event Resources.
Upper Keys Rotary Foundation, Inc. covering the Gigantic Nautical Flea Market in
February, 2011 in an amount not to exceed $7,500, DAC IV, FY 2011 Event Resources.
Domestic Abuse Shelter, Inc. covering the No Name Race in an amount not to exceed
$3,000, DAC II Event Resources.
Key Largo Merchants Association, Inc. covering the Key Largo Stone Crab & Seafood
Festival in an amount not to exceed $30,000, DAC V, FY 2011 Event Resources.
All of the above -mentioned agreements are on the enclosed memory stick. Pursuant to
our conversation, I am returning the FKCC covering the FKCC Keys Chorale Concert Series
between December 2010 - April 2011, in an amount not to exceed $11,277 FY 2011, Two Penny
Cultural Umbrella Funding as the signature was not witnessed. I did get over zealous with the
Mayor's stamp and stamped the document; therefore, I removed the page. Can you please replace
the signature page? My apologies.
Should you have any questions, please feel free to contact me.
cc: County Attorney
Finance
File
0
Destination Events Agreement
THIS AGREEMENT (Agreement) is entered into this add day of
2010 by and between MONROE COUNTY, a political subdivision of the state of Florida
(County) and Upper Keys Rotary Foundation, 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:
1. The County agrees to pay up to $7,500 (Seven Thousand and Five Hundred
Dollars) for the Gigantic Nautical Flea Market in February, 2011 from tourist
development tax funds (see Exhibit "C"). Of this amount, no more than 10% or $750.00
(Seven Hundred and Fifty Dollars) shall be expended on advertising media costs
attributable to in -county placement. 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 "C" after approval of contract. A
list of Acceptable Event Marketing Expenses is attached to the agreement as Exhibit
"A".
2. Scope of Services: The event sponsor agrees to provide the County with an
event as specified below:
a). A two (2) day nautical flea market activities
b). Food and Beverage vendors
c). Marine, Boating, Fishing, Diving and Nautical Antique Equipment vendors
3. All advertising and public relations services or supervision of advertising and
public relations will be provided through the contracted agencies of the Tourist
Development Council (TDC) and COUNTY. The agencies of record shall receive payment
for work in progress upon submission of documented invoices associated with the event.
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. Accounting: Financial records of the event 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
Gigantic Nautical Flea Market
Destination Event: FY 2011
Contract ID#: 799
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 September 30, 2011. All
invoices must be submitted prior to September 30, 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.
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. Permits: The event sponsor will secure all required permits, licenses and
shall pay all appropriate business taxes.
12. Taxes: The COUNTY and TDC are exempt from Federal Excise and State
of Florida Sales Tax.
13. Finance Charges: The COUNTY and TDC shall not be responsible for any
finance charges.
14. Relation of COUNTY/TDC: 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.
15. 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.
16. Assignment: 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.
17. 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.
Gigantic Nautical Flea Market
Destination Event: FY 2011
Contract ID#: 799
18. 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.
19. Governing 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.
20. Security Protection: The event sponsor agrees to provide adequate security
for the event. No TDC funds will be used for this purpose.
21. 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.
22. 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.
23. Logo: Logo Usage guidelines are attached to this contract as
Exhibit "B". For all promotional literature and display advertising with the exception of
generic advertising must display the "The Florida Keys - Islamorada" logo/trade mark (as
per attached logo sample). This logo/trade mark was adopted by the TDC and County in
April, 2010.
24. 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.
25. Authority: Each of the signatories for the sponsor below certifies and
warrants that:
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.
26. 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
Gigantic Nautical Flea Market
Destination Event: FY 2011
Contract ID#: 799
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.
27. 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 Florida
Statutes, for CATEGORY TWO for period of 36 months from the date of being placed on
the convicted vendor list."
28. 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: Candi Graves
PO Box 1514
Tavernier, FL 33070
For Grantor: Lynda Stuart
Monroe County Tourist Development Council
1201 White Street, Suite 102
Key West, FL 33040
And
Cynthia Hall, Asst. County Attorney
P.O. Box 1026
Key West, FL 33041-1026
29. Entire Agreement: 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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Gigantic Nautical Flea Market
Destination Event: FY 2011
Contract ID#: 799
IN WITNESS WHEREOF,
year first above written.
(SEAL)
Attes * anny L. Colhage, Cl
DepLfty Clerk
(CORPORATE SEAL)
Attest:
By.
Secretary
Print Name
Date:
OR TWO WITNESSES
(1)
Print Name:
Date:
Gigantic Nautical Flea Market
Destination Event: FY 2011
Contract ID#: 799
executed this Agreement the day and
and of County Commissioners
Monroe County
Mayor
Upper Keys Rotary Foundation, Inc.
By
President
Print Name
Date: q l 3 2(-=10
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C-n
(2)
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Print Name:
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Date:
MON -e COUNTY ATTORMNEY
AP 1XVE ST
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!"NTHIA L. ALL
ASSISTANT OUNTY ATTORNEY
Date
EXHIBIT A
Acceptable Event Marketing Expenses For Destination Events
BOCC 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)
Marketing expenses for events held outside Monroe County shall not be reimbursed/direct paid.
(5/19/10)
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 only2
Promotional Signs: posters and banners
Gigantic Nautical Flea Market
Destination Event: FY 2011
Contract I D#: 799
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.
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 (PR): Print and broadcast public relations materials for distribution to
media, such as but not limited to press releases, public service announcements,
photography to be utilized in PR releases and video news releases as approved by the
public relations agency of record. Only permissible PR material produced by the agency of
record and/or a professional public relations agency shall be acceptable. (7/21/10)
In -House Production: In-house production of any permissible expenditures will not be
considered for reimbursement. (7/21/10)
Event Promotions: TDC funding is intended for promotion of events as opposed to the
ongoing programs of an organization or promotion of the facility. TDC will only consider
reimbursement of advertising and promotional materials that highlight the event versus the
regular programming of an organization or facility. (7/21/10)
Items that have not been approved by the appropriate agency of record prior to
production/placement shall not be considered for reimbursement/direct payment.
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 BOCC/TDC, in accordance with Florida Public Records Law, are owned by the
BOCC/TDC and as such may not be sold. (09/14/94)
Gigantic Nautical Flea Market
Destination Event: FY 2011
Contract I D#: 799
EXHIBIT B
Logo/Acknowledgement Usage Guidelines For District I Destination
Events
BOCC 4/21/10
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"
In -County Logo
The below 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 Sharon
Joseph or John Underwood with Tinsley Advertising at 305-856-6060.
I"T
e Florida Ke
S1dM0rddd
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
Out -of -County Logo
The below logo that does NOT include the "Monroe County Tourist Development Council'
designation 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 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.
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Gigantic Nautical Flea Market
Destination Event: FY 2011
Contract ID#: 799
EXHIBIT C
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
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 2011
EVENT NAME: Upper Keys Rotary Sigantic Nautical Flea Market
MEDIA PLACEMENT & PRODUCTION COSTS: newspaper, radio, magazines,
TV, website/internet advertising only $4,375.00
PROMOTIONAL SIGNS: posters/banners $500.00
PROMOTIONAL ITEMS: t-shirts, hats, jackets, koozie cups $1,500.00
DIRECT MAIL PROMOTIONS: brochures/pamphlets/
postage & shipping $
PROGRAMS: $
PUBLIC RELATIONS $
'GENERAL NON -ALLOCATED $1,125.00
TOTAL: $7,500.00
'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.
MARKETING EXPENSES FOR EVENTS HELD OUTSIDE MONROE COUNTY SHALL NOT BE REIMBURSED/DIRECT PAID