HomeMy WebLinkAboutD. Tourist Development CouncilBOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: DECEMBER 15, 2010 Division: TDC
Bulk Item: Yes X No Department:
Staff Contact Person/Phone #:- Maxine Pacini
296-1552
AGENDA ITEM WORDING:
Approval of an agreement with Stay Fit Studio covering Key West Triathlon in an amount not to
exceed $20,000, DAC 1, FY 2011 Event Resources.
ITEM BACKGROUND:
TDC approved same at their meeting of September 14, 2010
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: 520,000 BUDGETED: Yes X No
COST TO COUNTY: $20,000 SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year
APPROVED BY: County Atty X
B/Purchasing X Risk Management X
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 11/06
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Stay Fit Studio Contract # 842
Effective Date: 12/15/10
Expiration Date: 9/30/12
Contract Purpose/Description:
Approval of an agreement with Stay Fit Studio covering Key West Triathlon in an
amount not to exceed $20,000, DAC 1, FY 201 Event Resources.
Contract Manager: Maxine Pacini
(Name)
for BOCC meeting on 12/15/10
3523 TDC # 3
(Ext.) (Department/Stop 4)
genda Deadline 11/30/10
CONTRACT COSTS
Total Dollar Value of Contract: 20,000 Current Year Portion:
Budgeted? YesZ NoF Account Codes : 117- 77030 - 530340 -TS- 17715 -X- 530340 V°
Grant: $
County Match:
ADDITIONAL COSTS
Estimated Ongoing Costs: r For:
(Not included in dollar value above) (eg. maintenance,
utilitie
etc.
CONTRACT REVIEW
Changes
D to In Needed
Division Director AI 0-d 10 Yes❑ No[]
� )-�
Risk Manage en t Y e s F - 1 No❑
O.M.B./Pu"a'sing Yes❑ No[�
County Attorney 3 Yes❑ NoD' C. Hall
Comments:
Date Out
Pr
Z�-Z- 110
)MB Form Revised 2/27/01 MCP #2
Destination Events Agreement
THIS AGREEMENT (Agreement) is entered into this day of _,
2010 by and between MONROE COUNTY, a political subdivision of the state of Florida
(County) and Stay Fit Studio a 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:
a) . Weekend expo with registration (local sponsors and vendors showcase
products and services); one (1) day triathlon.
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
Key West Triathlon
Destination Event: FY 2011
Contract ID#: 842
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, 2012. All
invoices must be submitted prior to September 30, 2012.
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.
Key West Triathlon
Destination Event: FY 2011
Contract ID#: 842
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 "S". For all promotional literature and display advertising with the exception of
generic advertising must display the "Key West — Close to Perfect-Far from Normal"
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
Key West Triathlon
Destination Event: FY 2011
Contract ID#: 842
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: Warren Benjamin
1228 South Street
Key West, FL 33040
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.
ga - Afflim
Key West Triathlon
Destination Event: FY 2011
Contract ID#: 842
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.
(SEAL)
Attest: Danny L. Kolhage, Clerk
Board of County Commissioners
of Monroe County
Deputy Clerk
(CORPORATE SEAL)
Attest:
BY.
Secretary
Print Name
Date:
OR TWO WITNESSES
(1)
Print Name:
Mayor/Chairman
Stay
MAN
Print Name
Date:
(2)
Print Name:
Date: Date:
MON
E COUNTY ATTORNEY
AP
O�V � 6 T 5 R
ASSISITN
FC(IUY;j ATTORNEY
!)ate
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Key West Triathlon
Destination Event: FY 201
Contract ID#: 842
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 on Iy2
Promotional Signs: posters and banners
Key West Triathlon
Destination Event: FY 2011
Contract ID#: 842
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)
Key West Triathlon
Destination Event: FY 2011
Contract ID#: 842
Logo /Acknowledgement Usage Guidelines For District I Destin
Events
BOCC 4/21/10
Color ads four (4) color processing printing 06112(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.
K .4 = 6A V
e,vr\Y/est
Close to Perfect -Far From Normal
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. Key\Y/est
Close to Perfect -Far From Normal
Key West Triathlon
Destination Event: FY 2011
Contract ID #: 842
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 2011
EVENT NAME: Key West Triathlon
MEDIA PLACEMENT & PRODUCTION COSTS: newspaper, radio, magazines,
TV, webs ite/internet advertising only $11.800
PROMOTIONAL SIGNS: posters/banners $1,200
PROMOTIONAL ITEMS: t-shirts, hats, jackets, koozie cups $4,500
DIRECT MAIL PROMOTIONS: brochures/pamphlets/
postage & shipping $1,500
PROGRAMS: $250
PUBLIC RELATIONS $750
*GENERAL NON-ALLOCATED $
TOTAL: $20,000
*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
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: DECEMBER 15, 2010 Division: TDC
Bulk Item: Yes X No Department:
Staff Contact Person/Phone #:- Maxine Pacini
296-1552
AGENDA ITEM WORDING:
Approval of an Agreement with Hawk's Cay Resort covering Conchtoberfest in an amount not to
exceed $40,000, DAC 111, FY 2011 Event Resources.
ITEM BACKGROUND:
TDC approved same at their meeting of September 14, 2010
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: 540,000 BUDGETED: Yes X No
COST TO COUNTY: 540,000 SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing X Risk Management X
DOCUMENTATION:
DISPOSITION:
Included X Not Required
AGENDA ITEM 4
Revised 11106
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Hawk's Cay Resort Contract # 820
Effective Date: 11/17/10
Expiration Date: 12/30/11
Contract Purpose/Description:
Approval of an Agreement with Hawk's Cay Resort covering Conchtoberfest in an
amount not to exceed $40.000, DAC 111, FY 201 Event Resources.
Contract Manager: — Maxine Pacini
(Name)
"
for BOCC meeting on
3523 TDC # 3
(Ext.) (Department/Stop #)
genda Deadline
CONTRACT COSTS
Total Dollar Value of Contract: 40,000 Current Year Portion:
Budgeted? Yes r;j No F Account Codes 119- 79030 - 530340 -TS- 19688 -X- 53 0340
)034W
Grant: $
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $Yyr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
I Comments:
Hall
Date Out
/I a
L
DMB Form Revised 2/27101 MCP 92
Changes
Needed
Division Director
/ Ze�n
Yes❑ No[Er
Risk Management
3f
Yes❑ No`
L4
O.M.B./Purclasing
a G
Yes❑ NoM
County Attorney
A y 1
I i
Yes❑ Noo
I Comments:
Hall
Date Out
/I a
L
DMB Form Revised 2/27101 MCP 92
Destination Events Agreement
THIS AGREEMENT (Agreement) is entered into this day of _,
2010 by and between MONROE COUNTY, a political subdivision of the state of Florida
(County) and Hawk's Cay Resort a 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:
a). A three (3) day event to include beer tasting; music; concerts; food &
beverage; local artists; Cook-off competitions; local restaurant participation
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
Conchtoberfest
Destination Event: FY 2011
Contract ID#: 820
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 December 31, 2011. All
invoices must be submitted prior to December 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.
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 COUNTYITDC: 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.
Conchtoberfest
Destination Event: FY 2011
Contract ID#: 820
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 Ulsage 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 - Marathon" 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. AuthoritV: 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
Conchtoberfest
Destination Event: FY 2011
Contract ID#: 820
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: Jennifer Dinan
61 Hawk's Gay Blvd.
Duck Key, FL 33050
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
Conchtoberfest
Destination Event: FY 2011
Contract ID#: 820
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.
(SEAL)
Attest Danny L. Kolhage, Clerk
Board of County Commissioners
of Monroe County
Deputy Clerk
(CORPORATE SEAL)
Attest:
By.
Secretary
Print Name
Mayor/Chairman
Hawk's Cay Resort
B y
President
PA4L E. - ZE , -J-S* 4 —
Print Name
Date:
OR TWO WITNESSES
(1)
Print Name:
(2)
Print Name:
Date: Date:
Conchtoberfest
Destination Event: FY 2011
Contract ID#: 820
I WA 0
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 on FY
Promotional Signs: posters and banners
Conchtoberfest
Destination Event: FY 2011
Contract ID#: 820
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/lo)
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
prod uction/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
BOCUTDC and as such may not be sold. (09/14/94)
Conchtoberfest
Destination Event: FY 2011
Contract ID#: 820
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. 06/12191
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"
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.
T6 Floridd Keys
df(Aon
MONROE COUNTY TOUR IST 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.
The Florida
M"iE6n Keys
Conchtoberfest
Destination Event: FY 2011
Contract ID#: 820
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 2011
EVENT NAME: Conchtoberfest
MEDIA PLACEMENT & PRODUCTION COSTS: newspaper, radio, magazines,
TV, website/internet advertising only It'lon 0
PROMOTIONAL SIGNS: posters/banners $1,000
PROMOTIONAL ITEMS: t-shirts, hats, jackets, koozie cups
DIRECT MAIL PROMOTIONS: brochures/pamphlets/
postage & shipping $
PROGRAMS: $
PUBLIC RELATIONS $
*GENERAL NON-ALLOCATED $6,000
TOTAL: $40,000
*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
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: DECEMBER 15, 2010 Division: TDC
Bulk Item: Yes X No Department:
Staff Contact Person/Phone #:- Maxine Pacim
296-1552
AGENDA ITEM WORDING:
Approval of an Agreement with Super Boat International Productions, Inc. covering Key West World
Championship Race in an amount not to exceed $115,000, DAC 1, FY 2011 Event Resources.
ITEM BACKGROUND:
TDC approved same at their meeting of September 14, 2010
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
New Contract
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: S115,000 BUDGETED: Yes X No
COST TO COUNTY: S115,000 SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year
APPROVED BY: County Atty X X Risk Management -46
DOCUMENTATION:
DISPOSITION:
Included X Not Required
AGENDA ITEM #
Revised 11/06
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract With: super Boat international
Contract #
804
Inc.
Effective Date:
12/15
Yes❑ No
Expiration Date:
9/30/12
Contract Purpose /Description:
Approval of an Agreement With Super
Boat International Productions, Inc. covering
Key West World Championship Race in an amount not to exceed $115,000, DAC I, FY
2011 Event Resources.
Contract Manager: Maxine Pacini
3523
TDC # 3
(Name)
(Ext.)
(Department /Stop #)
for BOCC meeting on 12/15/10
Agenda Deadline
11/30/10
CONTRACT COSTS
Total Dollar Value of Contract: $ 115,000 Current Year Portion: $
Budgeted? Yes® No ❑ Account Codes : 115- 75360 - 530340 -TM- 15503 -X- 530340 -°
Grant: $
County Match:
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
I Comments:
Date Out
OMB Form Revised 2/27/01 MCP #2
C. Hall
Changes
Division Director
Date In
Needed
Yes❑ NoEf
Risk Mana event
Yes❑ No
O.M.B./Purc asing
�� t , .
Yes❑ No ET
County Attorney
l 0
Yes❑ NoD'
I Comments:
Date Out
OMB Form Revised 2/27/01 MCP #2
C. Hall
Turn Key Events Agreement
THIS AGREEMENT (Agreement) is entered into this day of , 2010,
by and between MONROE COUNTY, a political subdivision of the state of Florida (County)
and Super Boat international Productions, Inc. a business organized 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. Payment: The COUNTY agrees to pay $115,000 (One Hundred and Fifteen
Thousand Dollars) for: Key West World Championship Race in November, 2011 from
tourist development tax funds provided Event Sponsor meets all of its obligations under this
agreement.
2. Scope of Services The Event Sponsor agrees to provide the County with an
event as specified in the Scope of Services below (Event):
a). Week long event — sanctioned world championship boat race
b). 3 days racing during the event
c). Racing within harbor with spectator viewing
d). Minimum size of boats 24 feet in length racing in the event
e). National marketing and media exposure (in addition to any website exposure)
3. Payment: Upon receipt from Event Sponsor of documentation, reviewed and
verified by the Tourist Development Council (TDC) Administrative Office, proving that event
has been produced and promoted through marketing literature, advertising program /publication
ads, television coverage, publicity and on -site advertising, and that the required insurance was
obtained no less than twenty days prior to the event, COUNTY shall pay the sum in Paragraph
1.
Monroe County's performance and obligation to pay under this contract is contingent
upon an annual appropriation by the COUNTY.
4. Accounting Financial records of 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. Records shall be retained a minimum of three
years after contract has been performed.
Key West World Championship Race
FY 2011
Contract lD #: 804
1
5. Modification: Any changes to this contract may be made only by written mutual
agreement, recommended by the TDC and approved by the COUNTY.
6. Termination: This Agreement terminates on September 30, 2012. All invoices
must be submitted prior to September 30, 2012.
7. Non Occurrence of Event: 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.
8. 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.
9. 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 shall furnish the County with a certificate evidencing the insurance
required by this paragraph not later than twenty (20) days prior to the event.
Please have your insurance agency e-mail your certificates of insurance directly to Maria
Slavik in the Monroe County Risk Management Department. Slavik-Maria 4 Mon roeCounty-
FL.Gov — The e-mail must state that this is a certificate for a TDC event (state name of
event as written within your contract) and should be forwarded to Maxine Pacinii at the
TDC administrative office. Your certificate must state that the Monroe County Board of
County Commissioners is a "Certificate Holder" and that Monroe County, its employees
and officials will be included as "additional insured". If you or your insurance agency
need to speak with Maria regarding the insurance requirements, she can be contact by
telephone at (305) 295-3178, or by e-mail at the address stated above.
It is the event sponsor's responsibility to confirm that your insurance has been received and
approved. You can do this by contacting Maxine Pacini at AdminAsst@fla-keys.com, or by
calling (305) 296-1552.
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
Key West World Championship Race
FY 2011
Contract ID#: 804
4
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.
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.
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
date of this contract. In addition, the period for which claims may be reported should extend
Key West World Championship Race
FY 2011
Contract ID#: 804
3
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.
A Workers Compensation insurance is required by Florida Statutes.
10. Permits The Event Sponsor will secure all required permits and licenses and
shall pay all appropriate business taxes.
11. Laws and Regulations Any and all services, materials and equipment shall
comply fully with all Local, State and Federal laws and regulations.
12. Taxes The COUNTY and TDC are exempt from Federal Excise and State of
Florida Sales Tax.
13. Finance Charges The COUNTY and TDC will 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 contractor and that neither it nor its
employees shall, under any circumstances, be considered 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 TDC and 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.
Key West World Championship Race
FY 2011
Contract 11? #: 804
0
18. Security Protection: The Event Sponsor agrees to provide adequate security
for the event.
19. 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.
20. 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 for by the COUNTY and TDC under this
agreement.
21. Logo: All promotional literature and display advertising with the exception
of generic advertising must display the "Key West — Close to Perfect - Far From Normal"
logo/trade mark (as per attached logo sample — Exhibit A). This logo/trade mark was
adopted by the TDC and County in April 2010.
22. Severability: If any provision of this Agreement shall be held by a Court of
competent jurisdiction to be invalid or unenforceable, all 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.
23. 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.
24. 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 a period of 36
Key West World Championship Pace
FY 2011
Contract ID#: 804
5
months from the date of being placed on the convicted vendor list". By execution of this .
Agreement, Sponsor warrants that it is in compliance with this requirement.
25. Governing Law/Venue: 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.
26. 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: John Carbonell
1323 20 Terrace
Key West, FL 33040
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
27. Entire Agreement: The parties agree that the Agreement above constitutes the
entire agreement between the COUNTY and Event Sponsor.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Key West World Championship Race
FY 2011
Contract ID#: 804
R
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and
year first above written.
(SEAL)
Attest: Danny L. Kolhage, Clerk
Deputy Clerk
(CORPORATE SEAL)
Attest:
By.
Secretary
Print Name
Date:
OR TWO WITNESSES
(I
Print Name:
Date:
Board of County Commissioners
of Monroe County
Mayor/Chairman
Super Boat International Productions, Inc.
!-. I
(2)
Print Name:
MO ROE COUNTY ATTORNEY
P�R 0 E�D A� T "F M
Y �
jt
byNtHIA L ~AFL
ASSfSTAN- I Y ATTORNEY
Date L 2 61)
Key West World Championship Race
FY 2011
Contract ID #.* 804
6
I WX
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.
K IC"l I T
est
Close to Pe4ect-Far From NOrMd1
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.
K Vs L
Close to Perfect -Far From Nom1d1
Key West World Championship Race
FY 2011
Contract ID#: 804
N
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: DECEMBER 15, 201 Division: TDC
Bulk Item: Yes X No Department:
Staff Contact Person/Phone #:- Maxine Pacini
296-1552
AGENDA ITEM WORDING:
Approval of an Agreement with Mad Dog Mandich Fishing Classic, LLC covering the Publix, Mad
Z:�
Dog Mandich Fishing Classic in October, 201 in an amount not to exceed $ 10,000, DAC IV, FY 201
Event Resources.
ITEM BACKGROUND:
TDC approved same at their meeting of September 14, 20
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $10,000 BUDGETED: Yes X No
COST TO COUNTY: S10,000 , SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year
APPROVED BY: County Atty X 'Purchasing X Risk Management X
DOCUMENTATION:
DISPOSITION:
Included X Not Required
AGENDA ITEM #
Revised 11/06
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Date In
Contract with: Mad Dog Mandich Fishing
Contract #
839
Classic, LLC
Effective Date:
12/15/10
A
Yes❑ No
Expiration Date:
9/3
Contract Purpose/Description:
County Attorney
/01nile,
Approval of an Agreement with Mad Dog
Mandich Fishing Classic, LLC covering the
Publix Mad Dog Mandich Fishing Classic in October, 2011 in an amount not to exceed
$10,000, DAC IV, FY 201 Event Resources.
Contract Manager: Maxine Pacini
3523
TDC # 3
(Name)
(Ext.)
(Department/Stop
for BOCC meeting on 12/15/10
Agenda Deadline
11/30/10
CONTRACT COSTS
Total Dollar Value of Contract: $ 10,000 Current Year Portion: $
Budgeted? YesM No ❑ Account Codes: 120-70030-530340-TS-10702-X-530340
Grant: $
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $ r For:
t�' — y
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Division Director
Date In
Needed , t�v e
YesF� Non L-4
N
Risk Management
1 i 0 161
A
Yes❑ No
O.M.B./Pur"kasim4
Yes❑ Non
County Attorney
/01nile,
YesDNoFl C. Hall
Comments:
Date Out
OMB Form Revised 2/27/01 MCP #2
Destination Events Agreement
THIS AGREEMENT (Agreement) is entered into this day of _,
2010 by and between MONROE COUNTY, a political subdivision of the state of Florida
(County) and Mad Dog Mandich Fishing Classic, LLC a 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:
a). A two (2) day fishing tournament in Islamorada to include, but not be limited
to: Website link to Islamorada; Islamorada logo on all national ads; three (3) recognized
celebrity football players (names to be provided to public relations agency (Andy Newman
— 305-461-3300) prior to the event taking place).
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.
Publix Mad Dog Mandich
Destination Event: FY 2011
Contract ID#: 839
i
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 September 30, 2012. All
invoices must be submitted prior to September 30, 2012.
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
Publix Mad Dog Mandich
Destination Event: FY 2011
Contract ID#: 839
2
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.
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:
Publix Mad Dog Mandich
Destination Event: FY 2011
Contract ID#: 839
t.,
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
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: Judy Layne
7400 SW 50th Terrace, Suite 303
Miami, FL 33155
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.
Publix Mad Dog Mandich
Destination Event: FY 2011
Contract ID#: 839
0
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.
(SEAL)
Attest: Danny L. Kolhage, Clerk
Deputy Clerk
(CORPORATE SEAL)
Attest:
By.
Secretary
Print Name
Date:
OR TWCrWI E E
Print Name: } VY'�, Co
Date:
vERA GNUASCA
W OOMMISSION f 5 014109
BMW Tfuu Way q U r ��s "�
Publix Mad `Dog Mandich
Destination Event: FY 2011
Contract ID#: 839
Board of County Commissioners
of Monroe County
Mayor /Chairman
Pubiix Mad Dog Mandich Fishing Classic, LLC
By
President
D \,A 0), L r'.-
Print N ame )
Date: r
(2)
Print Name:
Date:
MON E COUNTY ATT RN Y
A ROV ASTO R
� YT`ITHIA L. HALL
ASSIST NT COUNT ATTORNEY
Date _
y1
- .1
Acceptable Event Marketing Expenses For Destination Events
BOCC 9/20/06
ADVISORY COMMITTEES (UMBRELLASIDISTRICT 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.
(01/22192)
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.
(5/19110)
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; webs ite/i nte met
advertising on Iy2
Publix Mad Dog Mandich
Destination Event: FY 2011
Contract ID#: 839
0
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.
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)
Publix Mad Dog Mandich
Destination Event: FY 2011
Contract ID#: 839
h
AaWm
Logo/Acknowledgement Usage Guidelines For District I Destination
Events
BOCC 4/21 /10
Color ads four (4) color processing printing 06/12191
Black & white ads shall include the Florida Keys and Key West logo in PMS black. 06/12/91
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 The FloridKeds
dMOid d
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.
Is l a ` mo�a " d a
Publix Mad Dog Mandich
Destination Event: FY 201
Contract ID#: 839
N .
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 2011
EVENT NAME: Publix Mad Dog Mandich Fishing Classic
MEDIA PLACEMENT & PRODUCTION COSTS: newspaper, radio, magazines,
TV, website/internet advertising only $ 7,000.00
PROMOTIONAL SIGNS: posters/banners $
PROMOTIONAL ITEMS: t-shirts, hats, jackets, koozie cups $
DIRECT MAIL PROMOTIONS: brochures/pamphlets/
postage & shipping $ —
PROGRAMS: $
PUBLIC RELATIONS - (Design) $ 3,000.00
*GENERAL NON-ALLOCATED $
TOTAL: $10,000
*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 REIMBURSEDIDIRECT PAID
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: DECEMBER 15, 2010 Division: TDC
Bulk Item: Yes X No Department:
Staff Contact Person/Phone #:- Maxine Pacini
296-1552
AGENDA ITEM WORDING:
Approval of an agreement with Capt. Tony, LLC covering the Capt. Tony Days in an amount not to
exceed $14,000, DAC 1, FY 2011 Event Resources.
ITEM BACKGROUND:
TDC approved same at their meeting of September 14, 2010
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $14,000 BUDGETED: Yes X No
COST TO COUNTY: $14,000 SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year
< - 7?
APPROVED BY: County Atty X t*"`chasing X
DOCUMENTATION: Included X Not Required
DISPOSITION:
Risk Management X
AGENDA ITEM #
Revised 11/06
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Capt. Tony, LLC Contract 9 801
Effective Date: 12/15/10
Expiration Date: 9/30/12
Contract Purpose/Description:
Approval of an agreement with Capt. Tony. LLC covering the Capt. Tony Days in an
amount not to exceed $14,000, DAC 1, FY 2011 Event Resources.
Contract Manager: Maxine Pacini 3523 TDC # 3
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 12/15/10 Agenda Deadline 11/30/10
CONTRACT COSTS
Total Dollar Value of Contract: $ 14,000 Current Year Portion:
Budgeted? YesZ No F Account Codes :
Grant: $ 117- 77030 - 530340 -TS 17710 -X- 530340
County Match:
ADDITIONAL COSTS
Estimated Ongoing Costs: $/yr For:
(Not included in dollar value above) (eg. maintenance
CONTRACT REVIEW
D to I
Division Director
—4,
Risk Managem nt i
t
O.M.B./Purc asing I o
County Attorney /0
4 f
I Comments:
YeS❑ No
C. Hall
etc.)
Date Out
/JI Ito
Umb 11 orm Keviseci // / // I M -F TF 11
Destination Events Agreement
THIS AGREEMENT (Agreement) is entered into this day of ,
2010 by and between MONROE COUNTY, a political subdivision of the state of Florida
(County) and Capt. Tony, LLC a 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:
a). A four (4) day event that will include but not be limited to: Pub Crawl; street
fair; story teller competition; birthday party, and film showing
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
Capt. Tony Days
Destination Event: FY 2011
Contract ID #: 801
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, 2012. All
invoices must be submitted prior to September 30, 2012.
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.
Capt. Tony Days
Destination Event: FY 2011
Contract ID #: 801
18. Force Majeure 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 dates) 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 "Key West — Close to Perfect -Far from Normal"
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
Capt. Tony Days
Destination Event: FY 2011
Contract ID #: 801
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: Albert Kelley
926 Truman Avenue
Key West, FL 33040
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.
Capt. Tony Days
Destination Event: FY 2011
Contract ID#: 801
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.
(SEAL)
Attest: Danny L. Kolhage, Clerk
Board of County Commissioners
of Monroe County
Deputy Clerk
(CORPORATE SEAL)
Attest
By.
Secretary
Print Name
I
OR TWO WITNESSES
Mayor/Chairman
Capt. Tony, LLC
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Print Name: Print Name:
Date: Date:
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Capt. Tony Days
Destination Event: FY 2011
Contract ID#: 801
: l
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; webs ite/i nternet
advertising only
Promotional Signs posters and banners
Capt. Tony Days
Destination Event: FY 2011
Contract ID #: 801
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)
Capt. Tony Days
Destination Event: FY 2011
Contract ID #: 801
[x:/:11 =3k =�
Logo /Acknowledgement Usage Guidelines For District 1 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.
K PA I
eyr\ Vest
Close to Perfect -Far From Nomlal
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.
Key'Vest
Close to Perfect -Far From Normal
Capt. Tony Days
Destination Event: FY 2011
Contract ID #: 801
EXHIBIT C
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 2011
EVENT NAME: Capt. Tony Days
MEDIA PLACEMENT & PRODUCTION COSTS: newspaper, radio, magazines,
TV, website/internet advertising only $13.500
PROMOTIONAL SIGNS: posters/banners $
PROMOTIONAL ITEMS: t-shirts, hats, jackets, koozie cups $ -
DIRECT MAIL PROMOTIONS: brochures/pamphlets/
postage & ship $500_
PROGRAMS: $
PUBLIC RELATIONS $
*GENERAL NON-ALLOCATED $
TOTAL: $14,000
*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 REIMBURSEDIDIRECT PAID
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: DECEMBER 15, 2010 Division: TDC
Bulk Item: Yes X No Department:
Staff Contact Person/Phone 4: Maxine Pacini
296-1552
AGENDA ITEM WORDING:
Approval of an agreement with Key West Bight Preservation Association, Inc. covering The Key West
"Bight" Before Christmas in an amount not to exceed $5,005, DAC 1, FY 2011 Event Resources.
ITEM BACKGROUND:
TDC approved same at their meeting of September 14, 2010
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $5,005 BUDGETED: Yes X No
COST TO COUNTY: $5,005 SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year
APPROVED BY: County Atty X /Purchasing X Risk Management X
/
kv
DOCUMENTATION:
DISPOSITION:
Included X Not Required
AGENDA ITEM #
Revised 11106
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Key West Bight Preservation Contract #
796
Association, Inc. Effective Date:
12/15/10
Expiration Date:
93
Contract Purpose/Description:
Risk Manager art
Approval of an agreement with Key West Bight Preservation Association, Inc. covering
The Key West "Bight" Before Christmas in an amount not to exceed $5,005, DAC 1, FY
201 Event Resources.
0 fir'
,
Yes❑ N A
Contract Manager: Maxine Pacini 3523
TDC # 3
(Name) (Ext.)
(Department/Stop 4)
for BOCC meeting on 12/15/10 Agenda Deadline
11/30/10
CONTRACT COSTS
Total Dollar Value of Contract: $ 5,005 Current Year Portion: $
Budgeted? Yesr;j NoF Account Codes : 115- 75360 - 530340 -TM- 15676 -X- 530340 -`
Grant: $
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $-/yr For:
(Not included in dollar value above) (eg. maintenance,
etc.
CONTRACT REVIEW
Date Out
County Attorney jqzZ4_p Yes❑ No ....... C . Hall to
Comments:
OMB Form Revised 2/27/01 MCP #2
Changes
Needed
Division Director
WDae
2
YeS❑ NoD
,
Risk Manager art
YesF [J
No
O.M.B. /Purl
0 fir'
,
Yes❑ N A
Date Out
County Attorney jqzZ4_p Yes❑ No ....... C . Hall to
Comments:
OMB Form Revised 2/27/01 MCP #2
Destination Events Agreement
THIS AGREEMENT (Agreement) is entered into this day of _,
2010 by and between MONROE COUNTY, a political subdivision of the state of Florida
(County) and Key West Bight Preservation Association, 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:
a). A harbor walk of Christmas decorations including lights; southernmost
Christmas tree; free Christmas concert; boat parade
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.
Key West Bight Before Christmas
Destination Event: FY 2011
Contract ID#: 796
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 September 30, 2012. All
invoices must be submitted prior to September 30, 2012.
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
Key West Bight Before Christmas
Destination Event: FY 2011
Contract ID#: 796
K
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.
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 clate(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 at ached to this Contract as
Exhibit "S". For all promotional literature and display advertising with the exception of
generic advertising must display the "Key West — Close to Perfect-Far from Normal"
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:
Key West Bight Before Christmas
Destination Event: FY 2011
Contract ID#: 796
9
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
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: Tom Stroh
P.O. Box 674
Key West, FL 33041
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.
Key West Bight Before Christmas
Destination Event: FY 2011
Contract ID#: 796
0
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.
(SEAL)
Attest: Danny L. Kolhage, Clerk
Deputy Clerk
(CORPORATE SEAL)
Attest:
By.
Secretary
Print Name
Date:
OR TWO WITNESSES
(1)
Print Name:
Board of County Commissioners
of Monroe County
Mayor/Chairman
Key West Bight Preservation Association, Inc.
By — 9
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Pr ent .Vlk-
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KATHLEEN M. PETEFL"
curtj ) ,ssion DD 713547
i s SepterW it 10, 201
Ex -
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AAid 0 j
Print'Narne '
Date: yo t 0
(2)
Print Name:
Data:
M O t OF COUNTY ATTORNEY
ROV " D AS R
A
ASS'1GT,NTr(-A�N1tYA1-r0R PY
Date---
Key West Bight Before Christmas
Destination Event: FY 201
Contract ID#: 796
A
Acceptable Event Marketing Expenses For Destination Events
BOCC 9/20/06
ADVISORY COMMITTEES (UMBRELLAS /DISTRICT ADVISORY COMMITTEES) AN 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 only
Key West Bight Before Christmas
Destination Event: FY 2011
Contract ID #: 796
G
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.
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
BOCUTDC and as such may not be sold. (09/14/94)
Key West Bight Before Christmas
Destination Event: FY 2011
Contract ID#: 796
N
Logo /Acknowledgement Usage Guidelines For District I Destination
Events
BOCC 4/21 /10
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"
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.
K PkA I
est
Close to Perfect -Far From Normal
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. KeyVest
Close to Perfect -Far From Normal
Key West Bight Before Christmas
Destination Event: FY 2011
Contract ID#: 796
P
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 2011
EVENT NAME: Key West Bight Before Christmas Holiday Celebration — 2011
MEDIA PLACEMENT & PRODUCTION COSTS: newspaper, radio, magazines,
TV, webs ite/internet advertising only $6,005.00
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: $5,005.00
*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
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: DECEMBER 15, 2010 Division: TDC
Bulk Item: Yes X No Department:
Staff Contact Person/Phone #:- Maxine Pacini
296-1552
AGENDA ITEM WORDING:
Approval of an Agreement with Key West Tourist Development Association, Inc. covering Fantasy
Fest 2011 from FY 2011 Event Resources.
ITEM BACKGROUND:
TDC approved same at their meeting of September 14, 2010
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
New Contract
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: 5150,000 BUDGETED: Yes X No
COST TO COUNTY: 5150,000 SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year
APPROVED BY: County Atty X - dull /Purchasing X Risk Management X
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 11/06
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Key West Tourist Development Contract #
Association, Inc. Effective Date:
Expiration Date
837
12/15/10
9/30/12
Contract Purpose/Description:
Approval of an Agreement with Key West Tourist Development Association. Inc.
covering Fantasy Fest 2011 from FY 2011 Event Resources.
I Contract Manager:
Maxine Pacini
(Name)
I for BOCC
on 12/15/10
3523 TDC # 3
(Ext.) (Department/Stop #)
Benda Deadline 11/
CONTRACT COSTS
Total Dollar Value of Contract: $ 150,000 Current Year Portion: $
Budgeted? YesZ No F Account Codes : 115-75360-530340-TM-15117-X-530340
Grant: 115- 753 60 - 530340 -TM- 15148 -X- 530340
County Match: 117-77030-530340-TS-17117-X-530340-�
119- 7903 - 530340 -TS- 19148 -X- 530340
ADDITIONAL COSTS &,
Estimated Ongoing Costs: $/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
-ow
Division Director e YesEl N
es
Risk Mana O.M.B./P c asin e e F ❑ N
m t
Y - I
UrV g W Yes[ - 1 N
I I
County Attorney 144-10 YesF NoET C. Hall
re Irl 7101M
Date Out
OMB Form Revised 2/27/01 MCP #2
Changes
D e n
Nee,4ed
01
OMB Form Revised 2/27/01 MCP #2
Turn Key Events Agreement
THIS AGREEMENT (Agreement) is entered into this day of _, 2010,
by and between MONROE COUNTY, a political subdivision of the state of Florida (County)
and Key West Tourist Development Association, Inc. a business organized 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. Payment: The COUNTY agrees to pay $150,000 (One Hundred and Fifty
Thousand Dollars: District I = $121,000; District 11 = $5,000; District III = $12,000; District IV =
$12,000) for: Fantasy Fest 2011 in October, 2011 from tourist development tax funds
provided Event Sponsor meets all of its obligations under this agreement.
2. Scope of Services: The Event Sponsor agrees to provide the County with an
event as specified in the Scope of Services below (Event):
District 1:
See Exhibit B
District 11:
See Exhibit C
District III:
See Exhibit D
District IV:
See Exhibit E
3. Payment: Upon receipt from Event Sponsor of documentation, reviewed and
verified by the Tourist Development Council (TDC) Administrative Office, proving that event
has been produced and promoted through marketing literature, advertising program/publication
ads, television coverage, publicity and on-site advertising, and that the required insurance was
obtained no less than twenty days prior to the event, COUNTY shall pay the sum in Paragraph
1.
Monroe County's performance and obligation to pay under this contract is contingent
upon an annual appropriation by the COUNTY.
4. Accounting: Financial records of 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. Records shall be retained a minimum of three
years after contract has been performed.
5. Modification: Any changes to this contract may be made only by written mutual
agreement, recommended by the TDC and approved by the COUNTY.
I
6. Termination: This Agreement terminates on September 30, 2012. All invoices
must be submitted prior to September 30, 2012.
7. Non Occurrence of Event: 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.
8. 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.
9. 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 shall furnish the County with a certificate evidencing the insurance
required by this paragraph not later than twenty (20) days prior to the event.
Please have your insurance agency e-mail your certificates of insurance directly to Maria
Slavik in the Monroe County Risk Management Department. Slavik-Maria( d) Mon roeCou nty-
FL.Gov — The e-mail must state that this is a certificate for a TDC event (state name of
event as written within your contract) and should be forwarded to Maxine Pacini at the
TDC administrative office. Your certificate must state that the Monroe County Board of
County Commissioners is a "Certificate Holder" and that Monroe County, its employees
and officials will be included as "additional insured". If you or your insurance agency
need to speak with Maria regarding the insurance requirements, she can be contact by
telephone at (305) 295-3178, or by e-mail at the address stated above.
It is the event sponsor's responsibility to confirm that your insurance has been received and
approved. You can do this by contacting Maxine Pacini at AdrninAsst(&,f1a-keVs.corn or by
calling (305) 296-1552.
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
Fantasy Fest 2011
FY 2011
Contract ID#: 837
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.
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.
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
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
Fantasy Fest 2011
FY 2011
Contract ID#: 837
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.
A Workers Compensation insurance is required by Florida Statutes.
10. Permits: The Event Sponsor will secure all required permits and licenses and
shall pay all appropriate business taxes.
11. Laws and Regulations: Any and all services, materials and equipment shall
comply fully with all Local, State and Federal laws and regulations.
12. Taxes: The COUNTY and TDC are exempt from Federal Excise and State of
Florida Sales Tax.
13. Finance Charges: The COUNTY and TDC will 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 contractor and that neither it nor its
employees shall, under any circumstances, be considered 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 TDC and 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.
18. Security Protection: The Event Sponsor agrees to provide adequate security
for the event.
Fantasy Fest 2011
FY 2011
Contract ID#: 837
19. 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.
20. 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 for by the COUNTY and TDC under this
agreement.
21. Logo: All promotional literature and display advertising with the exception
of generic advertising must display the "Key West — Close to Perfect - Far From Normal"
logo/trade mark (as per attached logo sample — Exhibit A). This logo/trade mark was
adopted by the TDC and County in April 2010.
22. Severability: If any provision of this Agreement shall be held by a Court of
competent jurisdiction to be invalid or unenforceable, all 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.
23. 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.
24. 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 a period of 36
months from the date of being placed on the convicted vendor list". By execution of this
Agreement, Sponsor warrants that it is in compliance with this requirement.
25. 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
Fantasy Fest 2011
FY 2011
Contract ID#: 837
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.
26. 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: Linda O'Brien
1111 Twelfth Street, Suite 211
Key West, FL 33040
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
27. Entire Agreement: The parties agree that the Agreement above constitutes the
entire agreement between the COUNTY and Event Sponsor.
Fantasy Fest 2011
FY 2011
Contract ID#: 837
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and
year first above written.
(SEAL)
Attest Danny L. Kolhage, Clerk
Deputy Clerk
(CORPORATE SEAL)
Attest.
By.
Secretary
Print Name
OR TWO WITNESSES
(1)
Print Name:
Date:
Fantasy Fest 2011
FY 2011
Contract ID#: 837
Board of County Commissioners
of Monroe County
Mayor/Chairman
Key West Tourist Development Association, Inc.
Date: I
....... ..... 2 / - /-
(2)
Print Name:
Date:
MOIL ,!�,Oj-� COUN i Y ATTORNEYfi
ACT Q?
A k'POV
HALL
J Y NT H I
ASSIST, UNTY AfT09NEY
� �'T r 0 �—
gate____
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.
K Pl I
e
Close to Perfect -Far From Normal
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.
est
Close to Perfect -Far From Normal
Fantasy Fest 2011
FY 2011
Contract ID#: 837
r9m:00
L!W
1 National recognized sponsorship which will guarantee national TV, radio
and newspaper marketing
2. A one day Street Fair with food, beverage, and arts and crafts vendors on
Duval Street
3. An evening Masquerade March through the streets, originating at the City
Cemetery and terminating at the Street Fair on Duval Street
4. A Duval Street Promenade of food and beverage vendors
5. Provide Fantasy Fest parade on Duval Street
6. Coordination and promotion of a minimum of thirty (30) activities
sanctioned by Fantasy Fest
7. Permission to link from the Fantasy Fest website to the TDC/district
homepage
8. Place the official District I logo on 50,000 (fifty thousand) brochures
9. Place the official District I logo in the Fantasy Fest guide and promotional
posters
10. Provide permission for District I to use the Fantasy Fest logo for
advertising one district event
Fantasy Fest 2011
FY 2011
Contract ID#: 837
(DISTRICT 11)
1 National recognized sponsorship which will guarantee national TV, radio
and newspaper marketing
2. A one day Street Fair with food, beverage, and arts and crafts vendors on
Duval Street
3. An evening Masquerade March through the streets, originating at the City
Cemetery and terminating at the Street Fair on Duval Street
4. A Duval Street Promenade of food and beverage vendors
5. Provide Fantasy Fest parade on Duval Street
6. Coordination and promotion of a minimum of thirty (30) activities
sanctioned by Fantasy Fest
........................................................................ I ............................
District Specific
7. Permission to link from the Fantasy Fest website to the TDC/district
homepage
8. Place the official District 11 logo on 50,000 (fifty thousand) brochures
9. Place the official District 11 logo in the Fantasy Fest guide and promotional
posters
10. Provide permission for District 11 to use the Fantasy Fest logo for
advertising one district event
Fantasy Fest 2011
FY 2011
Contract ID#: 837
(DISTRICT 111)
1 National recognized sponsorship which will guarantee national TV, radio
and newspaper marketing
2. A one day Street Fair with food, beverage, and arts and crafts vendors on
Duval Street
3. An evening Masquerade March through the streets, originating at the City
Cemetery and terminating at the Street Fair on Duval Street
4. A Duval Street Promenade of food and beverage vendors
5. Provide Fantasy Fest parade on Duval Street
6. Coordination and promotion of a minimum of thirty (30) activities
sanctioned by Fantasy Fest
.........................................................................................................
District Specific
7. Permission to link from the Fantasy Fest website to the TDC/district
homepage
8. Place the official District III logo on 50,000 (fifty thousand) brochures
9. Place the official District III logo in the Fantasy Fest guide and promotional
posters
10. Provide permission for District III to use the Fantasy Fest logo for
advertising one district event
Fantasy Fest 2011
FY 2011
Contract ID#: 837
(DISTRICT IV)
1 National recognized sponsorship which will guarantee national TV, radio
and newspaper marketing
2. A one day Street Fair with food, beverage, and arts and crafts vendors on
Duval Street
3. An evening Masquerade March through the streets, originating at the City
Cemetery and terminating at the Street Fair on Duval Street
4. A Duval Street Promenade of food and beverage vendors
5. Provide Fantasy Fest parade on Duval Street
6. Coordination and promotion of a minimum of thirty (30) activities
sanctioned by Fantasy Fest
.................... ....................................................................................
District Specific
7. Permission to link from the Fantasy Fest website to the TDC/district
homepage
8. Place the official District IV logo on 50,000 (fifty thousand) brochures
9. Place the official District IV logo in the Fantasy Fest guide and promotional
posters
10. Provide permission for District IV to use the Fantasy Fest logo for
advertising one district event
Fantasy Fest 2011
FY 2011
Contract ID#: 837
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: DECEMBER 15, 2010 Division: TDC
Bulk Item: Yes X No Department:
Staff Contact Person/Phone #:- Maxine Pacini
296-1552
AGENDA ITEM WORDING:
Approval of an agreement with EcoWeek Events, Inc. covering EcoWeek 2011 in an amount not to
exceed $66,217, FY 2011 Event Resources.
ITEM BACKGROUND:
TDC approved same at their meeting of September 14, 2010
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: 566,217 BUDGETED: Yes X No
COST TO COUNTY: I 566,217 SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year
APPROVED BY: County Atty X IB/Purchasing X Risk Management X
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 11/06
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: EcoWeek Events, Inc. Contract 4 827
Effective Date: 12/15/10
Expiration Date: 9/
Contract Purpose/Description:
Approval of an agreement with EcoWeek Events, Inc. covering EcoWeek 2011 in an
amount not to exceed $66,217, FY 2011 Event Resources.
Contract Manager: Maxine Pacini 3523 TDC # 3
(Name) (Ext.) (Department/Stop
for BOCC meeting on 12/15/10 Agenda Deadline 11/
CONTRACT COSTS
Total Dollar Value of Contract: 66,217 Current Year Portion:
Budgeted? YesZ No❑ Account Codes:
T --
Grant: 115- 75360 - 530340 -TM- 15672 -X- 530340-
County Match: 117-77030-530340-TS-17672-X-530340
A
119-79030-530340-TS-19672-X-530340 TC
121-71030-530340-TS-11672-X-530340
ADDITIONAL COSTS
Estimated Ongoing Costs: y r For:
(Not included in dollar value above) (ev. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
OMB Form Revised 2127/01 MCP #2
Changes
Date Out
Division Director
Date In
tk : L"LO
Needed viewer
Yes❑ NoF1
Risk Management
YesEI No[
T
O.M.B. /Pur Aing
't` i c,
Yes❑ N611
County Attorney
/4/7- v
Yes❑ No[l Hall
Il 110
Comments:
OMB Form Revised 2127/01 MCP #2
Destination Events Agreement
THIS AGREEMENT (Agreement) is entered into this day of _,
2010 by and between MONROE COUNTY, a political subdivision of the state of Florida
(County) and EcoWeek 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:
1. The County agrees to pay up to $66,217 (Sixty Six Thousand, Two
Hundred and Seventeen Dollars: District I = $14,989; District 11 = $2,228; District III =
$9,000; District IV = $20,000; District V = $20,000) for EcoWeek 2011 in October and
November, 2011 from tourist development tax funds (see Exhibit . 19"). Of this amount,
no more than 10% or $6,621.70 (Six Thousand, Six Hundred and Twenty One Dollars and
Seventy Cents) shall be expended on advertising media costs attributable to in-county
placement. The general non -afl ocated section of -an event budget shall not exceed
it 5% of "the total budg t and ill-lay be utilized for unforeseen permassible axpenditures
and for those budget lines that may requilre additional funds. No amandimen't shall
le Ev t
be —ade to Exhibit C" after approval of coritract. A 1i of Acceptabl, en
E A
M
larketing E.Expenses is attachedto the agreement as E-xhibit'
2. Scope of Services: The event sponsor agrees to provide the County with an
event as specified below:
a).
District I — See Exhibit C
b).
District 11 — See Exhibit D
c).
District III — See Exhibit E
d).
District IV — See Exhibit F
e).
District V — See Exhibit G
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.
Eco Week 2011
Destination Event: FY 2011
Contract ID#: 827
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
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, 2012. All
invoices must be submitted prior to September 30, 2012.
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 and 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.
Eco Week 2011
Destination Event: FY 2011
Contract ID#: 827
oil
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.
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 guidefines are attachied to this con-tract as
E- - 3". 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 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
Eco Week 2011
Destination Event: FY 2011
Contract ID#: 827
3
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
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: Christi Allen
99611 Overseas Hwy #333
Key Largo, Florida 33037
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.
Eco Week 2011
Destination Event: FY 2011
Contract ID#: 827
0
4 WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.
(SEAL)
Attest: Danny L. Kolhage, Clerk
Board of County Commissioners
of Monroe County
Deputy Clerk
(CORPORATE SEAL)
Attest:
By.
Secretary
Print Name
Date:
OR TWO WITNESSES
Mayor /Chairman
Ecoweek Events, Inc.
By '
President
Print Name
Date: f t - q' 1 D
( (2)
Print Name:
Print Name:
Date:
MONRJOP COUNTY ATTORNEY
AP AbVE TO
NTHIA L. TALL
ASSISTA T� 1 OU TY ATTORNEY
Date
Eco Week 2011
Destination Event: FY 2011
Contract lD#: 827
Date:
5
A101.1 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 only
Eco Week 2011
Destination Event: FY 2011
Contract ID#: 827
0
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.
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)
Eco Week 2011
Destination Event: FY 2011
Contract ID#: 827
19
I W01
Logo /Acknowledgement Usage Guidelines For Destination Events
Funded From Multiple Districts
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"
Trophies: Logos are not required on trophies.
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.
The
Florida Keys
& Key est
come as YOU are
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.
The
Floridd Ke - % , Q
7
&K
ey est
comeds you are
Eco Week 2011
Destination Event: FY 2011
Contract ID#: 827
0
1 . A one day GLEE R4 Fair
2. A Progressive Wine Dinner
3. FIRM Bicycle Race
4. REEF Lion Fish Safari
5. Environmental Summit
6. Permission to link from the EcoWeek Florida Keys website to the
TDC/district homepage
7. Provide permission for District I to use the EcoWeek logo for
advertising district EcoWeek events
Eco Week 2011
Destination Event: FY 2011
Contract ID#: 827
0
EXHIBIT D
(DISTRIC 11)
1. A one day GLEE R4 Fair
2. An Organic Wine Dinner
3. Kayaking Tours
4. Wildlife talks about Key Deer
5. Recycled Fashion Show
6. Birding Tours
7. Dragon Boat Races
8. Bicycle Fest with overnight stay
9. Permission to link from the EcoWeek Florida Keys website to the
TDC/district homepage
10. Provide permission for District 11 to use the EcoWeek logo for advertising
district EcoWeek events
Eco Week 2011
Destination Event: FY 2011
Contract ID#: 827
[us
(DISTRICT 111)
1 . A one day R4 Fair
2. A Progressive Wine Dinner
3. A Kayaking Poker Run
4. Recycled Art Show
5. Permission to link from the EcoWeek Florida Keys website to the
TDC/district homepage
6. Provide permission for District III to use the EcoWeek logo for
advertising district EcoWeek events
Eco Week 2011
Destination Event: FY 2011
Contract ID#: 827
is
AZUWM
(DISTRICT IV)
1 A Progressive Wine Dinner
2. A Paddleboard Poker Run
3. Eco-Music Fest
4. Eco-Fashion Show
5. 5K and 1 mi Fun Run
6. Drumming Circle
7. Permission to link from the EcoWeek Florida Keys website to the
TDC/district homepage
8. Provide permission for District IV to use the EcoWeek logo for
advertising district EcoWeek events
Eco Week 2011
Destination Event: FY 2011
Contract ID#: 827
EXHIBIT G
(DISTRICT V)
1. Everglades Kayaking/Hiking Exersions
2. A Progressive Wine Dinner
3. A Kayaking Poker Run
4. Coral Restoration/Fish Surveying
5. HallowGreen Party
6. Alternative Fuel Rally
7. GLEE R4 Fair
8. Permission to link from the EcoWeek Florida Keys website to the
TDC/district homepage
9. Provide permission for District V to use the EcoWeek logo for
advertising district EcoWeek events
Eco Week 2011
Destination Event: FY 2011
Contract ID#: 827
13
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 2011
EVENT NAME: EcoWeek 2011
MEDIA PLACEMENT & PRODUCTION COSTS: newspaper, radio, magazines,
TV, websitelinternet advertising only $54,000
PROMOTIONAL SIGNS: posters/banners $2,217
PROMOTIONAL ITEMS: t-shirts, hats, jackets, koozie cups $10,000
DIRECT MAIL PROMOTIONS: brochures/pamphlets/
postage & ship $
PROGRAMS: $
PUBLIC RELATIONS $
*GENERAL NON-ALLOCATED $
TOTAL: $66,217
*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