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FY2013 10/17/2012 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: October 23, 2012 TO: Lynda Stuart, Office Manager Tourist Development Council ATTN: Maxine Pacini Administrative Assistant FROM: Pamela G. Han ck, .C. At the October 17, 2012, Board of County Commissioners meeting, the Board granted approval and authorized execution of the following Tourist Development Council Items: 2. Agreement with City of Key West covering the Smathers Beach Re- nourishment project in an amount not to exceed $187,500, DAC I, FY 2013 Capital Resources. 3. Agreement with the City of Marathon covering the Installation of Observation Boardwalk and Tiki Huts project in an amount not to exceed $37,500, DAC III, FY 2013 Capital Resources. 4. Agreement with the Florida Keys History of Diving Museum, Inc. covering the Exterior Improvements project in an amount not to exceed $119,283, DAC IV, FY 2013 Capital Resources. 5. Agreement with the Dolphin Research Center, Inc. to Re- thatch & Repair Causeway Tiki & Research Tower project in an amount not to exceed $30,725, DAC III, FY 2013 Capital Resources. 6. Agreement with San Carlos Patriotic and educational Institute, Inc. covering the Minor Repairs and Upgrades project in an amount not to exceed $7,080, DAC I, FY 2013 Capital Resources. 7. Agreement with the Florida Keys Wild Bird Rehabilitation Center, Inc. covering the Sanctuary Pelican Habitat Restoration project in an amount not to exceed $8000, DAC V, FY 2013 Capital Resources. 8. Agreement with the Florida Keys Wild Bird Rehabilitation Center, Inc. covering the Feeding Station to Cormorant Habitat Boardwalk project in an amount not to exceed $6,000, DAC IV, FY 2013 Capital Resources. 9. Agreement with Lower Keys Chamber of Commerce, Inc. covering Nautical Flea Market, 9 Annual in January, 2013 in an amount not to exceed $15,000, DAC II, FY 2013 Event Resources. 10. Agreement with Domestic Abuse shelter, Inc. covering No Name Race in January, 2013 in an amount not to exceed $7,500, DAC II, FY 2013 Event Resources. 11. Agreement with Monroe County Commercial fishermen, Inc. covering Florida Keys Seafood Festival, 8t Annual in January, 2013 in an amount not to exceed $25,000, DAC I, FY 2013 Event Resources. 12. Agreement with Ragnar events, LLC covering Ragnar Relay Florida Keys in January, 2013 in an amount not to exceed $60,000 ($35,000 = DAC I; $5,000 = DAC II), FY 2013 Event Resources. 13. Agreement with Premiere Racing, Inc. covering Key West Race Week 2013 in January, 2013 in an amount not to exceed $120,000, DAC I, FY 2013 Event Resources. 14. Cultural Umbrella event agreements for FY 2013, as listed below, in the amount totaling $475,544: • Agreement with Upper Keys Business Group, Inc. covering the Key Largo Pirate's Fest in October 2012 in an amount not to exceed $17,375, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with Key West Garden Club Inc. covering the Key West Garden Club 2012 -2013 Seasonal Events in Oct 2012 — April 2013 in an amount not to exceed $12,936, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with Key West Players, Inc. covering the Waterfront Playhouse 2012 -2013 Season in Oct 2012 — May 2013 in an amount not to exceed $18,701, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with Key West Burlesque covering the Key West burlesque Season 2012 -2013 in Oct 2012 — June 2013 in an amount not to exceed $14,917, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with the Key West Botanical Garden Society, Inc. covering the Key West botanical Garden Cultural Events in Oct 2012 — July 2013 in an amount not to exceed $16,770, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with The Key West Harry S. Truman Foundation covering the Truman in Key West 2013 in Oct 2012 — Sept 2013 in an amount not to exceed $16,770, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with the Key West Art and Historical Society, Inc. covering the Key West Art & Historical Society Cultural Events in Oct 2012 — Sept 2013 in an amount not to exceed $18,315, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with The Florida Keys History of Diving Museum covering Immerse Yourself in Oct 2012 — Sept 2013 in an amount not to exceed $11,816, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with Saint Paul's Protestant Episcopal Church of KW covering the Performance at St. Paul's in Oct 2012 — Sept 2013 in an amount not to exceed $9,343, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with the Morada Way Arts & Cultural District, Inc. covering the Morada Way Third Thursday Walkabouts & Isla Fine Art Expo in Oct 2012 — Sept 2013 in an amount not to exceed $21,750, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with The Mel Fisher Maritime Heritage Society covering The Keys Maritime History Event Series in Oct 2012 — Sept 2013 in an amount not to exceed $19,242, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with ValnChz Productions covering Esperando Nacer! in Nov 2012 in an amount not to exceed $9,549, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with the Key West Film Festival Corp. covering the Key West Film Festival in Nov 2012 — Dec 2012 in an amount not to exceed $14,740, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with Sculpture Key West, Inc. covering Sculpture Key West in Nov 2012 — March 2013 in an amount not to exceed $18,138, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with the Florida Keys Art Guild, Inc. covering the Florida Keys Art Guild Festivals in Nov 2012 — March 2013 in an amount not to exceed $16,500, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with the Florida Keys Community Concert Band, Inc. covering Pops in the Park in Nov 2012 — Apr 2013 in an amount not to exceed $16,709, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with The Studios of Key West, Inc. covering the Studios of Key West 2012/13 Season in Nov 2012 — Apr 2013 in an amount not to exceed $15,049, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with The Peoples Theater of Key West, Inc. covering Key West FRINGE in Nov 2012 — June 2013 in an amount not to exceed $11,122, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with the Red Barn Actors Studio, Inc. covering the Red Barn Theatre 2012 -13 Theatre Season in Nov 2012 — Aug 2013 in an amount not to exceed $19,551, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with The Marathon Community Theatre Inc. covering the Marathon Community Theatre Season 2012 -13 in Nov 2012 — Sept 2013 in an amount not to exceed $21,550, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with the Paradise Ballet Theatre Presenters, Inc. covering the Nutcracker Key West 2012 in Dec 2013 in an amount not to exceed $17,256, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with the Old Island Restoration Foundation, Inc. covering the Key West House & Garden Tours; Conch Shell Blowing in Dec 2012 — Mar 2013 in an amount not to exceed $14,607, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with the Key West Council on the Arts, Inc. covering the Impromptu Classical Concerts 2013 Season in Jan 2013 — March 2013 in an amount not to exceed $17,763, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with the Key West Art Center, Inc. covering the Key West Art Center Arts Events 2013 in Jan 2013 — March 2013 in an amount not to exceed $9,983, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with the Monroe Association for Retarded Citizens, Inc. covering the Master Chefs Classic 19' Annual in Jan 2013 in an amount not to exceed $8,900, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with the Key West Literary Seminar, Inc. covering the Key West Literary Seminar 31s` Annual in Jan 2013 in an amount not to exceed $17,388, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with the Pigeon Key Foundation, Inc. covering the Pigeon Key Art Festival in Feb 2013 in an amount not to exceed $16,400, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with the Marathon Garden Club, Inc. covering the Marathon Garden Club's House & Garden Tour in March 2013 in an amount not to exceed $10,020, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with the Key Largo Merchants Association, Inc. covering the Key Largo's Original Music festival in May 2013 in an amount not to exceed $19,350, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with the Lower Keys Chamber of Commerce, Inc. covering the Underwater Music Festival 29` Annual in July 2013 in an amount not to exceed $10,710, FY 2013 Two Penny Cultural Umbrella Funding. • Agreement with the Florida Keys Birding and Wildlife Festival, Inc. covering the Florida Keys Birding and Wildlife Festival in Sept 2013 in an amount not to exceed $12,324, FY 2013 Two Penny Cultural Umbrella Funding. 15. Agreement with Key Largo Merchants Association, Inc. covering Key Largo Stone crab & Seafood Festival in January, 2013 in an amount not to exceed $40,000, DAC V, FY 2013 Event Resources. 16. Agreement with Key Largo Merchants Association, Inc. covering Uncorked — Key Largo & Islamorada Food & Wine Festival in January, 2013 in an mount not to exceed $50,000, (DAC IV = $20,000; DAC V = $30,000), FY 2013 Event Resources. 18. Agreement with MRM Key West LLC covering Key West Food and Wine Festival in January, 2013 in an amount not to exceed $50,000, DAC I, FY 2013 Event Resources. 19. Fishing Umbrella event agreements for FY 2013, as listed below, in the amount totaling $268,750: • Agreement with Islamorada Charterboat Association, Inc. covering the Islamorada Sailfish Tournament in November /December 2012 in an amount not to exceed $9,000, FY 2013 Two Penny Fishing Umbrella Funding. • Agreement with Tammie Gurgiolo covering the Pigeon Islamorada Junior Sailfish Tournament in December 2012 in an amount not to exceed $2,750, FY 2013 Two Penny Fishing Umbrella Funding. • Agreement with Don Gurgiolo Sailfish Classic covering the Don Gurgiolo Sailfish Classic in December 2012 in an amount not to exceed $4,000, FY 2013 Two Penny Fishing Umbrella Funding. • Agreement with Murray Marine, Inc. covering the Key West Harbour King Mackeral Tournament in January 2013 in an amount not to exceed $15,000, FY 2013 Two Penny Fishing Umbrella Funding. • Agreement with Key Largo Sailfish Challenge covering the Key Largo Sailfish Challenge in January 2013 in an amount not to exceed $8,000, FY 2013 Two Penny Fishing Umbrella Funding. • Agreement with Key West Fishing Tournament, Inc. covering the Key West Fishing Tournament in January - November 2013 in an amount not to exceed $44,000, FY 2013 Two Penny Fishing Umbrella Funding. Agreement with Loren Rea covering the Cuda Bowl in February 2013 in an amount not to exceed $5,000, FY 2013 Two Penny Fishing Umbrella Funding. • Agreement with Islamorada Womens Sailfish Tournament covering the Islamorada Womens Sailfish Tournament in February 2013 in an amount not to exceed $3,000, FY 2013 Two Penny Fishing Umbrella Funding. • Agreement with March Merkin, Inc. covering the March Merkin Permit Tournament in March 2013 in an amount not to exceed $4,000, FY 2013 Two Penny Fishing Umbrella Funding. • Agreement with Saltwater Fishing Connection LLC covering the Jim Bokor Islamorada All Tackle Bonefish Tournament in March 2013 in an amount not to exceed $2,000, FY 2013 Two Penny Fishing Umbrella Funding. Agreement with Matthew Anthony covering the Capt. Leon Shell Memorial Sailfish Tournament in March 2013 in an amount not to exceed $10,000, FY 2013 Two Penny Fishing Umbrella Funding. • Agreement with Executive Adventures, LLC covering the World Sailfish Championship in April 2013 in an amount not to exceed $45,000, FY 2013 Two Penny Fishing Umbrella Funding. • Agreement with David Breznicky covering the Tarponian Tournament in April/May 2013 in an amount not to exceed $6,000, FY 2013 Two Penny Fishing Umbrella Funding. • Agreement with Charlie's Coconuts, LLC covering the Coconuts Dolphin Tournament in May 2013 in an amount not to exceed $13,000, FY 2013 Two Penny Fishing Umbrella Funding. • Agreement with Nick Sheahan Scholarship Fund, Inc. covering the Nick Sheahan Dolphin Rodeo in May 2013 in an amount not to exceed $8,000, FY 2013 Two Penny Fishing Umbrella Funding. • Agreement with Marathon Offshore Bull l& Cow Dolphin Tournament, Inc. covering the Marathon Offshore Bull & Cow Dolphin Tournament in May 2013 in an amount not to exceed $10,000, FY 2013 Two Penny Fishing Umbrella Funding. • Agreement with Third Generation Charters Inc. covering the Florida Keys Dolphin Championship in May 2013 in an amount not to exceed $5,000, FY 2013 Two Penny Fishing Umbrella Funding. • Agreement with Golden Fly Invitational Tarpon Tournament Inc. covering the Golden Fly Invitational Tarpon Tournament Inc. in May 2013 in an amount not to exceed $1,000, FY 2013 Two Penny Fishing Umbrella Funding. • Agreement with Islamorada Charterboat Association Inc. covering the Islamorada Dolphin Tournament in May /June 2013 in an amount not to exceed $6,500, FY 2013 Two Penny Fishing Umbrella Funding. • Agreement with University of Florida Alumni Association, Inc., Key West Gator Club covering the Key West Gator Club Dolphin Derby in June 2013 in an amount not to exceed $7,500, FY 2013 Two Penny Fishing Umbrella Funding. • Agreement with Interselect Inc. covering the Dolphin & Blackfin Tuna Fun Fishing Tournament in June 2013 in an amount not to exceed $5,000, FY 2013 Two Penny Fishing Umbrella Funding. • Agreement with Lower Keys Chamber of Commerce Inc. covering the Big Pine & Lower Keys Dolphin Tournament in June 2013 in an amount not to exceed $10,000, FY 2013 Two Penny Fishing Umbrella Funding. • Agreement with Key West Marlin Tournament, Inc. covering the Key West Marlin Tournament in July 2013 in an amount not to exceed $30,000, FY 2013 Two Penny Fishing Umbrella Funding. • Agreement with Del Brown Permit Tournament covering the Del Brown Permit Tournament in July 2013 in an amount not to exceed $4,000, FY 2013 Two Penny Fishing Umbrella Funding. • Agreement with Rotary Club of Key Largo, Inc. covering the Take Stock in Children Backcountry Challenge in September 2013 in an amount not to exceed $4,000, FY 2013 Two Penny Fishing Umbrella Funding. • Agreement with Marathon International Bonefish Club, Inc. covering the Marathon International Bonefish Tournament in September 2013 in an amount not to exceed $5,000, FY 2013 Two Penny Fishing Umbrella Funding. • Agreement with Saltwater Fishing Connection LLC covering the Islamorada All Tackle Bonefish World Championship in October 2013 in an amount not to exceed $2,000, FY 2013 Two Penny Fishing Umbrella Funding. Attached are electronic copies of each of the above - mentioned for your handling. Should you have any questions, please feel free to contact me. cc: County Attorney w/o documents Finance hard copy File CULTURAL EVENT FUNDING AGREEMENT THIS AGREEMENT is made and entered into by and between Monroe County, Florida, a political subdivision of the state of Florida ( "County "), and Key West Botanical Garden Society, Inc. ( "Event Sponsor ") on this j day of , 2012. 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 $16,770 (Sixteen Thousand, Seven Hundred and Seventy Dollars — TDC District I Funding Allocation) effective October 1, 2012 for promotion and related expenditures, as described in the event budget, attached hereto as Exhibit "D ", for production of the Key West Botanical Garden Society Cultural Events between October, 2012 and July, 2013. Of this amount, no more than 30% or $4,642 shall be expended on advertising media costs attributable to in- county placement. 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, 2013. 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, 2013, Key West Botanical Garden Society, Inc. Cultural Events Cultural Umbrella Funding FY 2013 Contract ID #: 1071 all invoices and support documentation as required by the County's Finance Department rules and policies. Event Sponsor shall not be reimbursed nor will Event Sponsor's vendors be paid directly for any invoices received by the County after September 30, 2013, except that for events with promotional expenditures incurred between July 1 and September 30, 2013, 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 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, Chapter 2. 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 Key West Botanical Garden Society, Inc. Cultural Events Cultural Umbrella Funding FY 2013 Contract ID #. 1071 2 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. 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 Jessica Taylor -Smith or John Underwood at Tinsley Advertising at 305 - 856 -6060. Key West Botanical Garden Society, Inc. Cultural Events Cultural Umbrella Funding FY 2013 Contract ID #. 1071 3 IN WITNESS WHEREOF, the parties have executed this agreement, effective 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: Board of County Commissioners of Monroe County i /0 Mayor /Chairman Key West Botanical Garden Society, Inc. By ✓VV 1 Presi ent Print Nam Date: (2) o -a ry - 71 Print Name Date: —' o MONROE COUNTY ATTORNEY A&ROVf -D AS/TQ FO;*: Key West Botanical Garden Society, inc. Cultural Events Cultural Umbrella Funding FY 2013 Contract /D #. 1071 CYN H IA L. HALL ASSI. ' ANT COUNTS 5TH �RNEY Date �` C �� 4 Acceptable Event Marketing Expenses for Cultural Events Approved by BOCC 4/20/11 EXHIBIT A 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 found in Section II of the Operations Manual 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 CULTURAL/FISHING UMBRELLA EVENT FUNDING: Any event of a fishing or artistic /special /dramatic nature shall apply for funding under the appropriate umbrella organization. Each Umbrella shall appropriate a minimum of 30% of the funds of the Umbrella for generic 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, Key West Botanical Garden Society, Inc. Cultural Events Cultural Umbrella Funding FY 2013 Contract /D #. 1071 5 will be individually reviewed by the Umbrella, the applicant and the advertising /public relations agencies of record. There cannot be more than a 10% deviation on the approved line item budget. No amendments to budgets will be permitted after this approval process. 9/14/94 General non allocated line item is not to exceed 15% of the total budget and can only be utilized for acceptable TDC items listed below. If an Umbrella does not allocate all the funds earmarked for direct event funding within a district, the remaining funds shall be allocated and utilized to advertise that specific district as recommended by the Umbrella committee. Any event receiving funding under the Umbrella organization will not be eligible for additional funding under another TDC event category. 08/14/91 CULTURAL EVENTS: Procedures for cultural events can be found in the Monroe County TDC Operations Manual in Section IV -C. Within the Cultural 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. Media Placement & Production Costs: newspaper; magazines, radio; TV; website /internet advertising onl Event producers /coordinators are required to spend no more than 30% of funds on advertising in Monroe County. This includes in- county newspaper, radio, magazines, TV and local (in- county) webs ite/i nternet advertising. If event producer /coordinator wishes to augment their marketing program with additional in- county placement they may do so utilizing their own resources. The remaining 70% out -of- county advertising budget shall be placed with newspaper, radio, magazines, TV and websites outside of Monroe County. i.e. nytimes.com; chicagotribune.com, etc. The only local (in- county) website/ internet advertising expenditure considered out of the 70% line item to be approved by the advertising agency of record (Tinsley Advertising) shall be the official Monroe County Tourist Development website. (TDC — 1/25/11 and BOCC 2/16/11) Promotional Signs posters and banners Promotional Items T- shirts; hats; jackets; koozie cups. Refer to Sales /Resale statement in Section II of the Operations Manual. 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. Key West Botanical Garden Society, Inc. Cultural Events Cultural Umbrella Funding FY 2013 Contract ID #. 1071 31 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. BOCC 7/21/10 In -House Production: In -house production of any permissible expenditures will not be considered for reimbursement. BOCC 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. BOCC 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. BOCC 7/21/10 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 Botanical Garden Society, Inc. Cultural Events Cultural Umbrella Funding FY 2013 Contract ID #. 1071 7 Logo /Acknowledgement Usage Guidelines For Cultural Events BOCC 4/21 /10 EXHIBIT B 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 Jessica Taylor -Smith or John Underwood with Tinsley Advertising at 305 - 856 -6060. The Florida Keys &Key �est com ds you dr e MONBOE COUNTY MUST 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 Jessica Taylor -Smith or John Underwood at Tinsley Advertising at 305 - 856 -6060. The FloriddKevrc & Key �Iest th, Key West Botanical Garden Society, Inc. Cultural Events Cultural Umbrella Funding FY 2013 Contract ID #: 1071 N. EXHIBIT C MONROE COUNTY TOURIST DEVELOPMENT COUNCIL CULTURAL UMBRELLA SCHEDULE OF ACTIVITIES FISCAL YEAR 2013 EVENT NAME: Key West Botanical Garden Society, Inc. Cultural Events List scheduled event activities in Monroe County in date order Activity Month Event Occurs Num ber of Days Screaming Green Halloween October 1 Speaker Series December -July 8 GardenFest December 2 Migration Mania March 1 Hot Havana Night April 1 ArtGarden April -June 90 Midsummer's Niaht Dream July 1 104 "If part of your funding request for this fiscal year is to promote event activities taking place in the next fiscal year (pre - promotion), then the following rules will apply: 1. Pre - promotion is only allowed for an event taking place during 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 of the fiscal year you are funded in. (For example: If pre - promotion is for a November 7 th event, you must place that ad and spend the money prior to September 30 Monroe County Tourist Development Council Cultural Umbrella Application FY 2013 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 2013 EVENT NAME: Key West Botanical Garden Society, Inc. Cultural Events MEDIA PLACEMENT & PRODUCTION COSTS: newspaper, radio, magazines, TV, website /internet advertising only $15,475 PROMOTIONAL SIGNS: posters /banners $700 PROMOTIONAL ITEMS: t- shirts, hats, jackets, koozie cups $0.00 DIRECT MAIL PROMOTIONS: brochures /pamphlets/ postage & shipping $0.00 PROGRAMS: $0.00 PUBLIC RELATIONS 0 'GENERAL NON - ALLOCATED $595 TOTAL: $16,770.00 TDC will only consider reimbursement of advertising and promotional materials that highlight the event versus the regular programming of an organization or facility See Exhibit A Event producers are required to spend NO more than 30% of funds on advertising IN Monroe County In -house marketing is not a permissible expenditure *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.