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FY2016 Assignment & Assumption 06/15/2016III AMY NEAVILIN, CPA CLERK OF CIRCUIT COURT & COMPTROLLER MONROE COUNTY, FLORIDA { DATE: August 2, 2016 TO: Maxine Pacini, Office Manager Tourist Development Council ATTN. Amy Machan Administrative Assistant FROM: Cheryl Robertson Executive Aide to the Clerk of Court & Comptroller At the June 15, 2016 Board of County Commissioner's meeting the Board granted approval and authorized execution of Item D1 Approval of an assignment of a Destination Event Funding Agreement for the Beach Road Trip Weekend event in November 2016 from Beach Road Trip Weekend, Inc. To BRT Weekend. CC: County Attorney (Electronic Copy) ' Finance (Electronic Copy) i/ File (Electronic Copy)' 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 ASSIGNMENT AND ASSUMPTION OF DESTINATION EVENT FUNDING AGREEMENT AND CONSENT TO ASSIGNMENT BY MONROE COUNTY BOARD OF COUNTY COMMISSIONERS THIS ASSIGNMENT AND ASSUMPTION AGEEMENT AND CONSENT TO ASSIGNMENT ("Agreement") is made to be effective this � day of VIC, 2016, by and between Monroe County, Florida ("County")and Beach Road Trip Weekend, Inc., ("Event Contractor" or "Assignor"), and HM Music Group, LLC d.b.a BRT Weekend, ("Assignee") and WHEREAS, an agreement was entered into on November 17, 2015, attached hereto, between County and Beach Road Trip Weekend, Inc. (Event Contractor) to use Tourist Development funding for the promotion of the Beach Road Trip Weekend in November 2016 (the "Event"); and WHEREAS, the Event Contractor/Assignor was not able to continue to sponsor the Event; and WHEREAS, the Assignee is qualified and had agreed to sponsor and produce the Event; and NOW THEREFORE, the above parties agree as follows: Event Contractor/Assignor hereby assigns, transfers and sets over to Assignee all of its rights, title and interest in, to and under the Beach Road Trip Weekend contract, subject to the terms, covenants, agreements, representations and covenants set forth therein. 2. Assignee shall and does assume all obligations and responsibilities of Event Contractor/Assignor under the Destination Event Contract. 3. County approves and consents to the assignment of the Destination Event Contract from Assignor to Assignee, the new Event Contractor. 4. Paragraph 1 of the contract shall read: 5. The County agrees to pay up to $20,000 (Twenty Thousand Dollars — Monroe County Tourist Development Council TDC District IV Funding Allocation = $10,000 and TDC District V Funding Allocation = $10,000) for Beach Road Trip Weekend in November 2016 from tourist development tax funds (see Exhibit "C" of original agreement). 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 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" in original agreement. 6. All other provisions of the Destination Event Contract dated November 17, 2015, not inconsistent herewith, remain in full force and effect. Assignment of Agreement for FY 2016 Beach Road Trip Weekend ID #: 1622 IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above written. ANDWiTNESM (I (a'�14e�c Print Name Beach Road Trip Weekend, Inc. 2Z(Anlognor) Fresient Print Name (2 (21 VPAJ-C- U)© 0-4 Print Name HM Music Group d.b.a BRT Wnkend ssIgnee) Y� Print Name An n f_ 0 u �. ,A., � � C7- rn �S— G G '0 r. r -n Print Name F- BOARD OF COUNTY COMMISSIONERS OF MONRO , FLORIDA Ma MONROE CO,',,.TY ATTORNEY PR 1 ED AS TO FORM: CHRIS INE A". LIMBER -BARROWS ASSIST T & QTY ATTORNEY Da! — Awlymnent of Agreement for FY 2016 Beach Road Trip Weekend M #: 1622 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, 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 Non: Items funded, including creative and resulting work product, by the BOCC/rDC, 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/pamphist utilized for pre -event advertising. Prourarric. 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 Print and electronic public relations materials for distribution to media, such as, but not limited to, press releases, public service announcements, photography and videography at 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. ContractAmndwnts to d No amendments to the line item budgets will be permitted after the contract has been reviewed and approved. Event Name: Beach Road Trip Weekend Destination Event: FY 2016 Contract ID#: 1622 7 c DESTINATION EVENT BUDGET - FISCAL YEAR 2016 EXHIBIT C 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: httpYbW monmecounty-fl gov/DocumentCWer/tiomg& ww e73 THERE WILL BE NO AMENDMENTS TO THIS BUDGET {EXHIBIT C) AFTER BOCC APPROVAL OF AGREEMENT Beach Road Trip Weekend EVENT NAME MEDIA PLACEMENT & PRODUCTION COST: $9,000 PROMOTIONAL SIGNS: $2,000 PROMOTIONAL ITEMS: $1,000 DIRECT MAIL PROMOTIONS: $2,000 PROGRAMS $1,000 PUBLIC RELATIONS: $2,00D *GENERAL NON -ALLOCATED: $3,000 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 100/16 of the total allocated funds on advertising media costs attributable to In -county placement. Event Name: Beach Road Trip Weekend Destination Event: FY 2016 Contract ID#: 1622