FY2015 12/10/2014 AgreementDATE: January 12, 2015
TO: Lynda Stuart, Office Manager
Tourist Development Council
ATTN. • Kelly
Administrative Assistant
FROM: Lindsey Ballard, D. C. 0-
At the December 10, 2014, Board of County Commissioner's meeting the Board granted approval and
authorized execution of the following items:
D2 -an amendment to the contract with Womankind, revising Attachment C, which concerns the
services to be provided.
D3- a Turnkey Event Agreement with Friends of the Pool, Inc. covering Swim for Alligator Lighthouse
in September 2015 in an amount not to exceed $40,000, DAC IV, FY 2015 Event Resources.
D4- an Agreement with Conch Foundation of the Upper Keys, Inc. covering Conch Scramble "on the
water" Golf Tournament in September 2015 in an amount not to exceed $10,000, DAC IV, FY 2015
Event Resources.
D5- an Agreement with Bogart Film Festival, LLC covering Humphrey Bogart Film Festival in October
2015 in an amount not to exceed $25,000, DAC V, FY 2015 Event Resources.
D6- a Turnkey Event Agreement with Upper Keys Community Pool, Inc. covering Orange Bowl Swim
Classic and Winter Training in December 2015- January 2016 in an amount not to exceed $50,000, DAC
V, FY 2015 Event Resources.
D7- an Agreement with Hawk's Cay Resort Sales LLC covering Heroes Salute Weekend in September
2015 in an amount not to exceed $30,000, DAC III, FY 2015 Event Resources.
D9- an Agreement with Key Largo Baptist Church, Inc. covering Key Largo Bridge Run in November
2015 in an amount not to exceed $10,000, DAC V, FY 2015 Event Resources.
500 Whitehead Street Suite 101, PO Box 1980, Key West FL 33040 Phone: 305- 295 -3130 Fax: 305 - 295 -3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305 - 289 -6027 Fax: 305 - 289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305 - 852 -7146
Attached is a duplicate original of the above mentioned for your handling. Should you have any
questions, please feel free to contact our office. Thank you.
CC: County Attorney (Electronic Copy)
Finance (Electronic Copy)
File
500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305 - 295 -3130 Fax: 305 - 295 -3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305 - 289 -6027 Fax: 305 - 289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305- 852 -7146
Destination Event Agreement
THIS Agreement. is made and entered. into by and between Monroe County;. Florida, a political
subdivision of .the tate. of Florida (County) and Mad Dog. Mandich Fishing Classic; LLC. (Event
Contractor) on this — day of �:C..2r , 2014.
WITNESSETH: .....
In consideration of the mutual covenants contained herein, the parties agree as follows:
1. The County agrees to pay up to. $10,000 (Ten Thousand - Dollars= Monroe .County: Tourist .
Development Council T. DC District IV Funding Allocation) effective October 17, 2014 for Publix Mad
Dog Mandich Fishing Classic in 'October 2015, from - tourist development .tax funds (see Exhibit C).
Of this. amount, no more than 10% or $1,000 of . the total, allocated funds shall be expended on .
a
advertising medi costs attributable to in - county, placement. The general non - allocated section of an .
event., budget shall- not exceed '15% of the total budget and may - be utilized_ for unforeseen
permissible expenditures .and :for those budget lines that may require additional funds. No
amendments -shall be made to Exhibit C after - approval of contract. A list of Acceptable .Event
Marketing Expenses is attached ..tothe:agreementas. Exhibit A.,
Z.- Scope of Services The Event Contractor. agrees to provide.the. County.with an event as
specified :below;
a). A two (2) day fishing tournament in Islamorada to include Kickoff Party, Captains Meeting,
Fishing, Weigh In, and Awards Banquet.
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 December 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 the County after December 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 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 you funding agreement.
5. Expiration of Agreement This agreement ..expires on. December 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.
Event Name: Publix Mad Dog Mandich Fishing Classic
Destination Event: FY 2015 .
Contract ID #: 1434
1 -
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 dimes.
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 to 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 proceed_ ings arising out of this agreement shall be in accordance with the laws
of the State of Florida in. the 16t 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.
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...... .. .
Event Name: ' Publix Mad -Dog Mandich Fishing Classic.
Destination Event: FY 2015
Contract ID #: 1434
2
16. Finance Charges The County and TDC shall not be responsible for any finance charges.
17. _ Relation of .County/T DC : It is the . intent of the. parties hereto that the :Event: Contractor
shall be legally considered- as an independent Event Contractor and that neither A 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 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 authorityJurisdictional 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 LawVenue 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 #or
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:
Event Name: Publix Mad .Dog Mandich Fishing Classic
Destination .Event: FY 2015
Contract ID #: 1434
3
. .
....
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 TD.0 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 - 1slamorada"
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 bylaw.
27. Authority :Each of the signatories for the Event Contractor below certifies and warrants .
that:. a) 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 The 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 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 fora period of 36 months from the date
of being placed on the convicted vendor list.
30. Laws and Regulations -Any and all 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
sixty (60) 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.
32. Notice Any notice, required or permitted under this agreement shall . be in.writing and hand
delivered, emailed of-mailed, postage prepaid, to the other party by certified mail,, returned receipt
requested to the following:
For Grantee: Leah Schillinger
Mad Dog Mandich Fishing Classic, LLC
7344 SW 48th. St., Suite 103_
Miami, FL 33155
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
33. Miscellaneous As. used herein,. the terms. "contract ". and "agreement" shall .be read
interchangeably.
34. - 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: Publix Mad Dog Mandich Fishing Classic
.Destination. Event:.. FY 2015
Contract ID #: 1434
5
IN WITNESS WHEREOF, the parties hereto have mmouted �tb aBmement the day and year first above
WON.
Board of County Commbstoners
of Monroe County
NlayoMhairrnen
Mad Dog Mandich Fbhtna Classic, LLC
By
Pmeldent
Print Name
Dabs: 0
MONROE COUNTY ATTORNEY
PPR VQ AS TO FORM
Event Nance: Publk Mad Dog' Nbredich Fishing Claselc
Destination E vent: FY2015 clir' T r;s �i.: "1 1 1131 =RT BARA S
P r- 1
AN r (Unl f ATTORNEY
Contract ID#: 1434
. 4.. .
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 TV. The TDC.will pay, for the following digital advertising on websites,. webs ite 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 roll 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 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 BOCCTfDC, 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 of production and printing of an event
program showing scheduled activities and information on the event, as outlined in contract budget.
Public Relations MR): 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: Publix Mad Dog Mandich Fishing Classic
Destination Event: FY 2015 .
Contract ID #: 1434
7
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EXHIBIT.0
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
http://www.monroecoUnty-fl.qbv/DocumentCenter/HomeNiew/7673
THERE WILL BE NO AMENDMENTS TO THIS BUDGET (EXHIBIT- C) AFTER BOCC APPROVAL OF AGREEMENT
Publix Mad :Dog Mandich Fishing Classic.
EVENT NAME
MEDIA:PLACEMENT & PRODUCTION COST:. $7,500
PROMOTIONAL SIGNS:
PROMOTIONAL. ITEMS: .:$2,000
DIRECT MAIL PROMOTIONS: $500
PROGRAMS
PUBLIC RELATIONS:
. *GENERAL NON - ALLOCATED:
TOTAL
$10;000
* The General - Non- Allocated:line. item should not exceed 15% of the - tota:l- funding allocation, -and may,
only be utilized. for acceptable event, marketing. expenses- (see Exhibit A of application).
Actual expenditures may deviate. no more .than 1.0 % 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.