Item G14BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: NOVEMBER 16, 2011 Division:- TDC
Bulk Item: Yes X No Department:
Staff Contact Person/Phone #:- Maxine Pacini
296-1552
AGENDA ITEM WORDING:
Approval of an Amendment to Agreement to correct organization name due to scriveners
error from The Mel Fisher Heritage Society, Inc. to The Mel Fisher Maritime Heritage Society,
Inc. for the production of the Keys Maritime Exploration Experience.
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION:
Original Agreement was approved by BOCC at their meeting of October 20, 2010
CONTRACT/AGREEMENT CHANGES:
Amendment to Agreement
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: S18,103 BUDGETED: Yes X No
COST TO COUNTY: IS18,103 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:
Revised 11/06
Included X Not Required
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
I Contract with: The Mel Fisher Maritime
Heritage Society, Inc.
Contract #
Effective Date:
Expiration Date:
TDC ID#: 748
10/1/10
12/29/11
Contract Purpose/Description:
Approval of an Amendment to Agreement to correct organization name due to
scriveners error from The Mel Fisher Heritage Society, Inc. to The Mel Fisher
Maritime Heritage Society, Inc. for the production of the Keys Maritime
Exploration Experience.
Contract Manager: Maxine Pacini
(Name)
for BOCC meeting on 11/16/11
3523 TDC # 3
(Ext.) (Department/Stop 4)
genda Deadline: I I/l/I I
CONTRACT COSTS
Total Dollar Value of Contract: $ 18,103 Current Year Portion: $
Budgeted? Yes® NoF-1 Account Codes: 117-75011-530')40-TC15-710-X-530480
Grant: $ 117-75011-530340-TC15-710-X-530410
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $jyr For:
(Not included in dollar value above) (eg. maintenance,
salaries, etc.
CONTRACT REVIEW
Changes Date Out
Division Director
Date In
I
Needed R yle
YesF-1 NoE]
Risk Management
O.M.B./Purcung
YesF-1 No[2 J f
YesO NoD
County Attorney
/0 it
YesF-1 NoF-1
Comments:
OMB Form Revised 2/27/01 MCP #2
AMENDMENT tlst AMENDMENT) TO AGREEMENT
THIS AMENDMENT to agreement dated the day of 2011, is entered into by and
between the Board of County Commissioners for Monroe County, a political subdivision of the state
of Florida (County), on behalf of the Tourist Development Council, and The Mel Fisher Heritage
Society, Inc. hereinafter referred to as Contractor.
WHEREAS, there was an agreement entered into on October 20, 2010 between the parties,
awarding $18,103 for the production of the Keys Maritime Exploration Experience between October,
2010 and September, 2011; and
WHEREAS, it has become necessary to correct the name of the organization due to a
scriveners error; and
NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties
agree to the amended agreement as follows:
1. The name of the entity we are entering into a contract for relating to this event shall be The
Mel Fisher Maritime Heritage Society, Inc.
2. The remaining provisions of the contract dated October 20, 2010 remain in full force and
effect.
IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first
above written.
(SEAL)
Attest: Danny L Koihage, Clerk
Deputy Clerk
(CORPORATE SEAL)
Attest:
By.
Secretary
Print Name
OR TWO WITNESSES
(1) r'
Print Name
Mel Fisher Marinate mmm
Conti=A #: 748
Board of County Commissioners
of Monroe County
Mayor/Chairman
The Mel Fisher Marldme Heritage Society, Inc.
By
Pre dents
Print Name
Print Name
FUNDING AGREEMENT
THIS AGREEMENT is made and entered into by and between Monroe County, Florida, a
political subdivision of the state of Florid a,("Ctounty"), and The Mel Fisher Heritage Society, Inc.
("Event Sponsor') on this _2a`'` day of 2010.
WHEREAS, the umbrella organization under contract to the County has recommended to the
Monroe County Tourist Development Council ("TDC"), which has endorsed the recommendation, that
certain monies be allocated for promotion of an event by Event Sponsor;
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
1. Amount: County shall pay a sum not to exceed $18,103 (Eighteen Thousand, One
Hundred and Three Dollars) effective October 1, 2010 for promotion and related expenditures, as
described in the event budget, attached hereto as Exhibit "13", for production of the Keys Maritime
Exploration Experience between October, 2010 and September, 2011. No amendments shall be
made to Exhibit "D" after approval of contract. Payment will be made only after Event Sponsor
submits invoices and support documentation acceptable to the County's Finance Department. The
advertising and promotion budget using County funding may be altered as to the individual line items,
or components, within 10% of the amount stated for that item or component, without increasing the
total dollar amount and without requiring a written amendment to this agreement. The general non -
allocated section of an Umbrella event budget shall not exceed 15% of the total budget and may be
utilized for unforeseen permissible expenditures and for those budget lines that may require additional
funds. Monroe County's performance and obligation to pay under this agreement is contingent upon
an annual appropriation by the County.
2. Duties of Event Sponsor: Event Sponsor shall provide promotion and related services
as described in the Schedule of Events, Exhibit "C", attached hereto. All advertising and public
relations services or supervision of advertising and public relations will be provided through the
contracted agencies of the TDC and County.
3. Invoicing: A list of Acceptable Event Marketing Expenses is attached to the
contract as Exhibit "A". The contracted agencies of record shall receive payment of work in
progress upon submission of documented invoices associated with the event. Event sponsor fully
understands that funding is obtained from tourist development taxes for which the fiscal year ends
September 30, 2011. Event sponsor also understands that the funding process through which this
contract was made available by County requires event sponsors to submit their payment requests as
quickly as possible and to finalize all such requests before the end of the fiscal year, if at all possible.
In order for the tourist development taxes to be utilized most effectively for the purpose for which they
were authorized, attracting and promoting tourism, the budgeting process of the County requires the
event's funding to be concluded in a timely manner. In recognition that the timeliness of payment
requests is of extreme importance to the funding of future advertising and promotion for the stability of
the tourist -based economy, Event Sponsor agrees to submit by September 30, 2011, all invoices and
support documentation as required by the County's Finance Department rules and policies. Event
Mel Fisher
Cultural Umbrella Funding FY 2011
Contract ID#,- 748
Sponsor shall not be reimbursed nor will Event Sponsor's vendors be paid directly for any
invoices received by the County after September 30, 2011, except that for events with
promotional expenditures incurred between July I and September 30, 2011, invoices must be
submitted within ninety (90) days of the conclusion of the event
4. Reimbursement to County: Event Sponsor shall reimburse County for any amount of
funds expended by County in connection with an event which does not occur as a result of any act or
omission by Event Sponsor.
5. Indemnification: Event Sponsor covenants and agrees to indemnify and hold
harmless Monroe County, the Tourist Development Council, the 3406 North Roosevelt
Corporation (Visit Florida Keys), their officers, employees and agents from any and all claims for
bodily injury (including death), personal injury, and property damage (including property owned by
Monroe County) and any other losses, damages, and expenses (including attorney's fees) which
arise out of, in connection with, or by reason of the services provided, event sponsored, or other
activities and funding associated with this agreement.
6. Claims and Venue: Event Sponsor agrees to notify County immediately of any
claims suits, or action made against the Event Sponsor that is related to the activity under this
agreement, and will cooperate with County in the investigation arising as a result of any action,
suit, or claim related to this Agreement. Any legal proceedings arising out of this agreement shall
be in accordance with the laws of the State of Florida in the 16 th Judicial Circuit for Monroe
County; venue shall be in Monroe County, Florida.
7. Records: Event Sponsor shall maintain records pursuant to generally accepted
accounting principles for four (4) years after the event and shall permit County and its agents and
employees access to said records at reasonable times.
8. Termination: County may terminate this agreement without cause by providing written
notice to Event Sponsor, through its officer, agent, or representative, no less than sixty (60) days prior
to the event and may terminate for breach upon providing to Event Sponsor, through its officer, agent
or representative, notice at least seven (7) days prior to the effective date of the termination. Notice is
deemed received by Event Sponsor when hand delivered, delivered by national courier with proof of
delivery, or by U.S. mail upon verified receipt or upon the date of refusal or non -acceptance of
delivery.
9. Conflicts: Event sponsor is an independent contractor and shall disclose any potential
conflicts of interest as defined by Florida Statutes, Chapter 112 and Monroe County Code, Article XXI.
10. Non -Collusion: By signing below, Event Sponsor warrants that he/she/it has not
employed, retained or otherwise had act on his/her/its behalf any former County officer or employee in
violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10-1990. For breach or violation of the provision the County may, at its
discretion terminate this contract without liability and may also, at its discretion, deduct from the
contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage,
gift, or consideration paid to the former or present County officer or employee.
Mel Fisher
Cultural Umbrella Funding FY 2011
Contract IDA- 748
2
11. Public Entities Crimes: A person or affiliate who has been placed on the convicted
vendor list following a conviction for public entity crime may not submit a bid on a contract to provide
any goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real
property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor,
or consultant under a contract with any public entity, and may not transact business with any public
entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a
period of 36 months from the date of being placed on the convicted vendor list.
12. Logo: Logo Usage guidelines are attached to this contract as Exhibit "B".
All promotional literature and display advertising with the exception of generic advertising must
display the "Florida Keys & Key West Come As You Are" logo/trade mark (as per attached logo
sample). This logo/trade mark was adopted by the TDC and County in April, 2010.
In -County Logo: The logo that includes the "Monroe County Tourist Development Council"
designation is to be utilized in all approved in -county print newspaper ads, magazine ads, street
banners, posters and other approved signage efforts. Radio commercials should include "Brought to
you by The Monroe County Tourist Development Council". To seek approval, clarification and/or logo
in electronic format (eps or jpg file), contact John Underwood with Tinsley Advertising at 305-856-
6060.
Out of County Logo: The out of county logo does NOT include the "Monroe County Tourist
Development Council" designation and is to be utilized in all other efforts including any approved out -
of -county print newspaper ads, magazine ads, television commercials, internet advertising (banners,
buttons, e-mail blasts), direct mail promotions (brochures and pamphlets) and any approved
promotional items including programs, T-shirts, hats, jackets, 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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Mel Fisher
Cultural Umbrella Funding FY 2011
Contract ID#: 748
IN WITNESS WHEREOF, the pa
(SEAL)
Attest: Danny L. Kolhage, Cle
Deputy Clerk
(CORPORATE SEAL)
Attest:
By.
Secretary
Print Name
Date:
OR TWO WITNESSES
�f'A 1441�tl
Print Name
Date: - Z - /y
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Mel Fisher
Cultural Umbrella Funding FY 2011
Contract ID#. 748
executed this agreement, effective the day and year
ve written.
S
Board of County Commissioners
e of Monroe County
ayor hairman
The Mel ' her Heritage Society, Inc
By
f
President
Print Name
Date:
i
Print Name
Date:
i
MONROE COUNTY ATTORNEY
AP OV AS T R
NTHIA L. A L
ASSIST COUNTY ATTORNEY
'ite 0
EXHIBIT A
Acceptable Event Marketing_ Expenses for Cultural 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/lo)
CULTURAL/FISHING UMBRELLA EVENT FUNDING: Any event of a fishing or artistic/specialldramatic
nature shall apply for funding under the appropriate umbrella organization.
Within the Cultural and Fishing Umbrella events funding process, the monies received by the event
coordinator is to be used within the approved acceptable list of TDC expenses listed below without any
restriction as to out -of -county advertising. Each Umbrella shall appropriate a minimum of 30% of the funds
of the Umbrella for out -of -county advertising and public relations. 70% or the remainder that has not been
allocated to the advertising/public relations agencies of record within the Umbrellas, shall be allocated by
the Umbrella to the applicants for event funding. The budget, which is included with the application, will be
individually reviewed by the Umbrella, the applicant and the advertising/public relations agencies of record.
There cannot be more than a 10% deviation on the approved line item budget. No amendments to
budgets will be permitted after this approval process. 9/14/94 General non allocated line item is not to
exceed 15% of the total budget and can only be utilized for acceptable TDC items listed below.
Mel Fisher
Cultural Umbrella Funding FY 2011
Contract ID#: 748
If an Umbrella does not allocate all the funds earmarked for direct event funding within a district, the
remaining funds shall be allocated and utilized to advertise that specific district as recommended by the
Umbrella committee.
Any event receiving funding under the Umbrella organization will not be eligible for additional funding under
another TDC event category. 08/14/91
CULTURAL EVENTS:
Media Placement & Production Costs: newspaper; magazines, radio; TV; website/internet advertising onIY2
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/lo)
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/lo)
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 BOCC/TDC and as
such may not be sold. 09/14/94
Mel Fisher
Cultural Umbrella Funding FY 2011
Contract ID#., 748
0
E
I WA
Logo/Acknowledgement Usage Guidelines For Cultural Events
BOCC 4/21/10
Color ads four (4) color processing printing o6/12/91
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.
The
Florida Kewc
'y 4.J
.Key Vest
come as you are*
MONROE COUNTY TOURIST DEVELOPMENT C-0-U-NMIL
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 Keys
& KeyV� S t
... 4,0 come as you de
Mel Fisher
Cultural Umbrella Funding FY 2011
Contract ID#: 748
EXHIBIT C
MONROE COUNTY TOURIST DEVELOPMENT COUNCII
CULTURAL UMBRELLA
SCHEDULE OF ACTIVITIES
FISCAL YEAR 2011
EVENT NAME: The Keys Maritime Exploration Experience
List scheduled event activities in Monroe County in date order *
#OCT 201 0-Film & Group Discussion: A Look at Old
Key West via Carib Gold
#OCT 201 O-Curator's Tour: The History of the Turtle
Fishing Industry in Key West
*OCT 2010- Film & Group Discussion: Sixteen
Fathoms Deep
#NOV 201 O-Photo Contest Opens: Historic Images of
the Key West Working Waterfronts
#NOV 201 O-Lecture: The State of the Green Sea Turtle
#NOV 201 0-Family Exploration Day: Multigenerational
explorations at the Mel Fisher Maritime Museum
* FEB 201 1-KW Shipwreck Weekend Workshop
*APR 2011 -Lecture: The 151st anniversary of
The Last Slaves Ships: The Wildfire, Guerro and the
Higgs Beach African Cemetery
♦ MAY 201 I -Hands -On Program: inWater Group Sea
Turtle Research Mission
#MAY 2011 - Film & Lecure: Florida Fish & Wildlife
Commission Tarpon DNA project update and the screening of
the film Tarpon
*JUN 2011 -Shipwreck Survey Project: The Ocean Reef Site
# J U N 2011 -Photo Contest Closes
#JUL 2011 -Mel Fisher Days Festival: multiple events
*JUL 201 I -KW Shipwreck Conference
*AUG 201 I -Exhibition Opening: Historic Images of the
Key West Working Waterfronts
#AUG 2011 -Curator's Tour: Historic Images of the Key West
Working Waterfronts
#AUG 2011 -Hands-On Program: Archaeology of the
Turtle Kraals
#SEP 2011 -Internet Photo Safari: KW Waterfront images as
captured by KW visitors
*SEP 201 1-SCUBA Program: Investigation of KW Harbor,
the Made J. Thompson
*If part of your funding request for this fiscal year is to promote event activities for the next event
(pre -promotion), then the following rules will apply:
1. Pre -promotion of an event is only allowed for the months of October and November. If your
event takes place after that, you must apply for funding in the next fiscal year.
2. All pre -promotion funding MUST be spent prior to September 30'h of the fiscal year you are
funded in. (For example: If pre -promotion is for a November 7'h event, you must place that ad
and spend the money prior to September 30th.
E
EXHIBIT D
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
CULTURAL UMBRELLA EVENT BUDGET
BUDGET BREAKDOWN
line items listed below must be approved by the appropriate agency of record
There will be no amendments to this budget (Exhibit D) after BOCC approval of Agreement
FISCAL YEAR 2011
EVENT NAME: The Keys Maritime Exploration Experience
MEDIA PLACEMENT & PRODUCTION COSTS: newspaper, radio, magazines,
TV, websItatintemet advertising only $15,387,55
,PROMOTIONAL SIGNS: postersibanners $
PROMOTIONAL ITEMS: t-shirts,hats, jackets, koozie cups $
DIRECT MAIL PROMOTIONS: brochuresipamphiets/
postage & shipping $
.PROGRAMS: $
.PUBLIC RELATIONS $
*GENERAL NON -ALLOCATED $2,715.45
TOTAL: $18,10100
*GENERAL NON ALLOCATED MAY NOT EXCEED IS% 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