FY2015 10/17/2014 Destination Event Agreement
THIS Agreement is made and entered into by and between Monroe County, Florida, a political
subdivision of the State of F)grida (County) end Keys Area. Interdenominational Resources, Inc.
(Event Contractor) on this 1 day of £ d 2014.
WITNESSETH:
In consideration of the mutual covenants contained herein,the.parties agree as follows:
1. The County agrees to pay up to $20,000 (Twenty Thousand Dollars Monroe County
Tourist Development Council TDC District III Funding Allocation) for the Sombrero Beach Run in
March 2015, from tourist development tax funds (see Exhibit C). Of this amount, no more than 10% or
$2,000 of the total allocated funds shall be expended on advertising media costs attributable to in-county
placement. The general non-allocated section of an event budget shall, not exceed 15% of the.
total budget and may :be utilized for unforeseen permissible expenditures and d. for those budget
lines that may require additional funds. No amendments shall be made to Exhibit C after
approval of contract A list. of Acceptable Event Marketing Expenses is attached to the
agreement as Exhibit A.
2. Scope of Services: The Event Contractor agrees to provide the County with an event as
specified below:
a) A two (2) day event to include: Kick-off party, Sombrero Beach 10k Run and 5k
Walk/Run followed by awards ceremony and runners lunch to include raffles and entertainment.
3. Event Budget: Exhibit C. attached hereto shall be reviewed and approved by the TDC
Agencies of record..
4. . Invoicing: Event Contractor agrees to submit all invoices and support documentation as
required by the County's Finance Department rules and policies no later than Mav 30, 2015 unless the
date of the event is amended upon approval of the Advisory Committee and TDC Director. Event
Contractor shall not be reimbursed nor will Event Contractor's vendors be paid directly for any invoices
received by the County after May 30, 2015 unless the date of the event is amended upon approval of
the Advisory Committee and TDC Director, and the County shall not be obligated to pay for any services
provided by Event Contractor under this agreement if documentation as noted above is not received on
or before this reimbursement deadline date. To be eligible for reimbursement, the request for
reimbursement and supporting documents (checks, invoices, credit card statements, bank statements,
etc.) must show that the items were paid for directly by the same entity named on the contract with the
County.. For clarification on'reimbursements, please refer to the reimbursement packet provided to you
upon execution of your funding agreement.
5. Expiration of Agreement: This agreement expires on May 30, 2015, unless the date of the
event is amended upon approval of the Advisory Committee and TDC Director and the County shall not
Event Name: Sombrero Beach Run
Destination Event FY 2015
Contract ID#: 1425.
MP/LS 4/14
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be obligated to pay for any services provided by Event Contractor .under; this _ agreement if
documentation as noted above is not received on or before this reimbursement deadline date:
6. Duties of Event Contractor: :Event Contractor shall provide promotion and related services
as described in paragraph 2 Scope of Services, .and outlined in Exhibit C (Event Budget). 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.
7.. Accounting and .Records: Event Contractor 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. Modification: The event name, time & date of the event:and Schedule of Activities may
be amended upon written approval of the Advisory Committee and TDC Director: Any changes to said
contract other than stated above require approval by the Advisory Committee, TDC and the County.
9. Reimbursement to. County: Event Contractor 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 Contractor. .:
10. 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 Contractor:
11 Non Occurrence of Event: The Event Contractor shall give written notice the TDC if it is.
found necessary to cancel an event.. The notice shall contain the reason for the cancellation. If the
event does not take place for any reason under control of Event Contractor except for those reasons in
paragraph 21, then Event Contractor agrees to refund to:the County any amounts already paid to them
under this agreement, and relieve the.County from any further payments..
12. Claims and Venue Event Contractor agrees to notify County immediately of any claims,
suits or action made against the Event Contractor that is related to the activity under this agreement, and
will cooperate with County in the investigation arising as a result of any action, suit or claim related to
this agreement. Any legal proceedings arising out of this agreement shall be in accordance with the laws
of the State of Florida in the 16th Judicial Circuit for Monroe County; venue shall be in Monroe County,
Florida.
13. Indemnification and Hold Harmless_: . The Event Contractor covenants and agrees to
indemnify.and hold harmless and defend Monroe County, its officers, employees and: agents including
the TDC 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. by Event Contractor, or other activities and funding associated with this agreement,
except those losses or:damages caused by County or its agents.
Event Name: Sombrero Beach Run
Destination Event: FY 2015
- Contract ID#: 1425 -
/1 MP/L:S4 4
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14. Permits: The Event Contractor will secure all required permits, licenses and shall pay all
appropriate business taxes.
15. ._ Taxes: The County and TDC are exempt from Federal Excise and State of Florida Sales
Tax.
16. Finance Charges: The County and TDC shall not be responsible for any finance charges.
17. Relation of CountVITDC: It is-the intent of the parties hereto that the Event Contractor
shall be legally considered as an independent.Event Contractor.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 Contractor, its employees or agents, resulting in either bodily or personal injury or property
damage to any individual, firm or corporation.
18. Disclosure: The Event:Contractor shall be required to list any or all potential conflicts of
interest, as defined by Florida Statutes Chapter 112 and Monroe County Code. The Event Contractor
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:
19. . _ Assignment:_ The Event Contractor shall not assign, transfer,.convey, sublet or otherwise
dispose of this agreement, or of any or all of its rights, title or interest therein, or his or its, power to
execute such agreement to any person, company or corporation without prior consent of the County.
20. . Compliance with Laws Nondiscrimination The Event Contractor shall comply with all
Local, State. and Federal laws, regulations 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 Local, State and.
Federal laws and:regulations and ordinances. -
21. Force Majeure: The Event Contractor 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 Contractor 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 Contractor 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.
22. 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
Event Name: Sombrero Beach Run
Destination Event: FY 2015
Contract ID#:. 1425
MP/LS 4/14-
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the enforcement or interpretation of the agreement, the County and :Event Contractor 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.
23. Security Protection: The Event Contractor agrees to provide adequate:security for the
event. No TDC funds will be used for this purpose..
24. Media Rights: The TDC shall have: the. right under this agreement to broadcast or
rebroadcast, for any purpose whatsoever, radio, television, sound, video or film production, and still
photographs, paid by the TDC and County, and produced by the TDC agencies of record.
25.: Logo: Logo Usage guidelines are attached. to _this contract as Exhibit B. All
promotional literature and display advertising must display the "The Florida Keys - Marathon"
logo/trademark(as per attached logo sample). This logo/trademark was adopted by the TDC and
County in April, 2010. .
26. . 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.
27. Authority: Each of the signatories for the Event Contractor below certifies and warrants
that:._: a) the Event Contractor'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 Event Contractor and c)
this agreement has been approved by the Event Contractor's governing board.
28_ . Ethics Clause: Thee Event Contractor warrants that it has not employed, retained or
otherwise 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.
29. 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 orr 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.
30. Laws and Regulations: Any.and all services, materials and equipment shall comply fully
with all Local,-State and.Federal laws and regulations.
31. Termination of Agreement: County may terminate this agreement without cause by
providing written notice.to Event Contractor, through its officer,: agent or representative, no: less than
Event Name: Sombrero Beach Run
Destination Event: FY 2015
Contract ID#: 1425 .
MP/LS 4/14 •
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sixty60( ) days prior to the event and may terminate for breach upon providing to Event Contractor,
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 Contractor 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.
33. Notice: .Any notice required or permitted under this agreement shall be in writing and hand
delivered, emailed or mailed, postage prepaid, to the other party by certified mail, returned receipt
requested to the following:
For Grantee: Jane C. Packard
Keys Area.Interdenominational Resources, Inc.
1501 Sombrero Boulevard
Marathon, FL 33050
For Grantor: Maxine.Pacini
Monroe County Tourist Development Council
1201 White Street, Suite 102
Key West, FL 33040
And
Christine Limbert-Barrows, Asst. County Attorney
P.O. Box 1026
Key West, FL 33041-1026
32. Miscellaneous: As: used herein, the. terms "contract" and "agreement" shall be read
interchangeably.
33. .Entire Agreement: The parties agree that the agreement above constitutes the entire
agreement between the County and Event Contractor.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Event Name: :Sombrero Beach Run
Destination Event: FY 2015
Contract I D#: 1425
MP/L.S 4/14
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•
IN WITNESS WHEREOF,the parties hereto have executed this agreement the day and year iimt above
written.
(SEA-)`a Board of County Comeleeloners
Attest Amy Heavilin,Clerk of Monroe County
•
r'Mindy Clerk V ,: • Irman
(CORPORATE SEAL)
Attest
By.
Secretary
Print Name
Date:
Keys Area Interdenominational Resources,Inc.
BY
-G-ri,)& President ,
tlnz.( `—k14rPJ
Print Name
Date: g ici it
AND TWO WITNESSES
(1 e - (2)
Print C- c�/�l,I��a�t.D Print Name: A Ain Qs ill. 1C4,1;
Date:. /Ii /cc,1 Date: ?hi 1/9
Event Name: Sombrero Beach Run
Destination Event FY 2015 MONROE COUNTY ATTORNEY
Contract IDS: 1425 APPROVED AS TO FORM:
•••,' ,yi?1 tffrG MP"M14
B CHR STINE III LIMBERT-eARROWS
ASSIST COUNTY ATTORNEY
Date Ito I1cr
'EXHIBIT
A
Acceptable Event Marketing Expenses for Destination Events
Only the TDC expenses listed below may be.included in the proposed:budget A general non-allocated
line item is not to exceed 15% of the total budget and can only be utilized'for acceptable TDC.marketing
items listed in this section. There -cannot be more than a 10% deviation from the approved line item
budget: The following are the only acceptable expenses: -
Media Placement & Production Costs:.Newspapers and magazines (inserts will also be considered)
radio, and W. The TDC will pay for the following digital advertising on.websites, website links, pre roll
video, banners, mobile and email blasts. Digital advertising links may go to the event website. The TDC
Logo must be placed on all print, TV, websites, pre _roil video, banners and email blasts: Radio
advertising does•not require the logo but all radio announcements must say "Brought to- you by the
- Monroe County Tourist Development Council". No more than 10% of the total: allocated funds shall be
expended on advertising media costs attributable to in-county placement:
Promotional Signs: Posters and banners (hanging and displayed outdoors).
Promotional Items: T-shirts and hats*.
*Sales/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.
Direct Mail Promotions: Brochures, postcards and pamphlets including postage/shipping: This is a;
direct mail promotional_brochure/postcard/pamphlet utilized for pre-event advertising.
Programs: TDC will pay up to fifty percent (50%) of the cost of production and printing of an event
program showing scheduled activities and information on the event, as outlined in contract budget..
Public Relations (PR): Print and electronic public relations materials for distribution to media, such as;
but not limited to, press releases, public service announcements, photography and. videography as
approved by the public relations agency of record: Only permissible PR material produced by-the TDC
agency of record and/or a professional public relations agency shall be acceptable.
In-House Production: In-house production of any permissible-expenditure will not be considered for
reimbursement.
Event Marketing.Reimbursement TDC-will only consider reimbursement of permissible marketing
expenditures that highlight the special event versus the-regular programming of a business, organization
or the facility..
Amendments to Contract Budgets No amendments to the line item budgets will be permitted after
the contract has been reviewed and approved.
Event Name Sombrero Beach Run
Destination Event: FY 2015
Contract ID#:;.1425. :
MP/LS 4/14.
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,- EXHIBIT B
Logo/Acknowledgement Usage Guidelines For District III Destination Events.
Color ads four (4) color processingrintin
p 9 :
Black&white ads shall include the Florida Keys and Key West logo in high resolution.
Use on all printed material as listed under the Acceptable Event Marketing Expenses list.
TV: logo must appear at the conclusion of.commercial
Hats and t-shirts:: must carry the "The Florida Keys - Marathon" Out-of-County 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 logo below indicating the "Monroe County Tourist Development Council" designation is to be utilized
on in-county print newspaper and: magazine ads, brochures, postcards, pamphlets, programs, posters,.
banners _(hanging and displayed outdoors), and digital advertising on websites, website links, pre r011
video, banners, mobile and email blasts: 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 Ashley Miller or John Underwood with Tinsley Advertising at 305-856-
6060.
Th
e Florida Keys
. - - . . - . ' did ' on - . i . . . - .
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
Out-of-County.Logo. . : ;
The logo below that does NOT include the "Monroe County Tourist Development Council" designation is
to be utilized in out-of-county newspapers and magazines, brochures, postcards, pamphlets, programs,
posters and digital advertising on websites, website links, pre.roll: video, banners, mobile and: email
blasts. '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 Ashley
Miller or John:Underwood at Tinsley Advertising at 305-856-6060.
The Honda Keys
drd on - _
Event Name: :Sombrero Beach Run
Destination Event: FY 2015
Contract ID# 1425
. MP/LS 4/14
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r
EXHIBIT C
DESTINATION EVENT BUDGET - FISCAL YEAR 2015
Applicant is advised prior to: completing this budget to refer to Exhibit A of the Sample
Contract showing the Allowable Marketing Expenses. This can be found online at:
http://www.monroecounty-fl.gov/DocumentCenter/Home/View/7673
THERE WILL BE NO AMENDMENTS TO THIS BUDGET(EXHIBIT C}AFTER BOCC APPROVAL OF AGREEMENT
Sombrero Beach Run
EVENT NAME
MEDIA PLACEMENT:& PRODUCTION COST: $10,000
PROMOTIONAL SIGNS: $500
PROMOTIONAL ITEMS: $9,500
DIRECT MAIL PROMOTIONS:
PROGRAMS
PUBLIC RELATIONS:
*GENERAL NON-ALLOCATED:
TOTAL. $20,000
*The General Non-Allocated line item should not exceed 15% of the total funding allocation, and may
only be utilized for acceptable event marketing expenses(see Exhibit A of application).
Actual expenditures may deviate no more than 10% from the budgeted line items noted above.
TDC will only consider reimbursement of permissible marketing expenditures that highlight the special
event versus the regular programming of a business, organization or the facility.
The County shall pay no•more than 10% of the total•allocated funds on advertising media costs
attributable to in-county placement.
KAIR BOARD MEETING—6/27/13
-The KAIR meeting was called to order at 12:05pm,Thursday June 27,2013 by Rev.Debra Maconaughey.
Marj Roberts, Director of KAIR, Franklin Greenman,Ardie Banks, Phyllis Michaelis were present at the
meeting. Ardie motioned to accept the May minutes.Seconded by Debra and approved.
The following agenda items were addressed:
A review was done of the increased food procurement through Publix and Winn Dixie. Frank suggested
publicly thanking them again as it has made such a big difference in helping KAIR provide quality food.
Also discussed that the Episcopal Charities group will be coming to KAIR at the end of July. Debra
suggested having a sign or bulletin board that visibly acknowledged all their contributions. Frank
suggested adding other large grantors to this sign.Ardie offered to donate a large white board.Marj will
arrange for this to be done.
Frank brought up the topic of the economy and that local workers should get some sort of preference in
hiring especially with all these new contracts and building that will be going on in the coming year. He
had drafted a letter to that effect and was sending it to the City Council.
Marj reviewed last week's annual Food Bank conference and some of the improvements that they are
trying to implement.
A discussion of continuing to increase the board membership was conducted. Dr. Emma Stoll was added
this past year but additional members are still desired.Ardie motioned that Debra Maconaughey remain
Chair,Terry Lynn Kelly remain vice-chair and Phyllis Michaelis remain Treasurer.This was seconded by
Marj and approved. Marj talked about the challenge of finding board members available for last minute
signatures and motioned that we continue to allow Terry Lynn to conduct KAIR business in Chair Debra's
absence,and in the case of Debra and Terry Lynn's absence, Phyllis will be allowed to conduct KAIR
business.This was seconded by Ardie and approved unanimously.
Debra and Marj discussed how well it is going with Marj managing both KAIR and Independence Cay.
Coordination of care is much improved.Some discussion took place of where KAIR could possibly
relocate to that could give it more space and incorporate the needs of Independence Cay. No progress
has been made and Debra suggested that the city may need to assist us with this since a large part of
the responsibility of caring for the homeless rests with the city. More efficiencies and economies could
be achieved with a physical co-location.
The Board authorized an increase of$200 per month to be paid toward Marj's health insurance. This
was proposed by Debra and seconded by Frank and unanimously approved. This is retroactive to
January. Marj's 2012 IRA fund of 4% of her yearly salary was also authorized although late. Marj
suggested to the Board to increase Renee Shain's bookkeeper salary to$250/month retroactive to June.
Seconded by Debra and unanimously approved.
.
The meeting was adjourned at 1:05pm. Due to vacations and the church's summer camps,the Board will
not meet over the summer unless there is pressing business in which case a special meeting will be
called.
Respectfully submitted,
Mar on Roberts