FY2017 10/19/2016AMY NEAVILIN, CPA
CLERK OF CIRCUIT COURT &COMPTROLLER
MONROE COUNTY, FLORIDA
DATE: November 23, 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
J-/
At the October 19, 2016 Board of County Commissioner's meeting the Board granted approval and
authorized execution of Item D25 Approval of DAC IV Destination Event Agreements for FY 2017 as per
attached spreadsheet totaling $80,000.
CC: County Attorney (Electronic Copy)
Finance (Electronic Copy)
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
' Destination Event Agreement
THIS Agreement is made and entered into by and between Monroe County, Florida, a political
subdivision of the P—day
of Florida (County), and Islamorada Chamber of Commerce, Inc. (Event
Contractor) on this of , 2016.
WITNESSETH:
In consideration of the mutual covenants contained herein, the parties agree as follows:
1. The County agrees to pay up to $15,000 (Fifteen Thousand Dollars — Monroe County
Tourist Development Council TDC District IV Funding Allocation) for 26th Annual Florida Keys Island
Fest on April 2017, from tourist development tax funds (see Exhibit C). Of this amount, no more than
10% or $1,500 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.
2. Scope of Services: The Event Contractor agrees to provide the County with an event as
specified below:
a) A two (2) day Island Festival to include live music; auto show; kids activities; sand castle
building and competition; arts and crafts show; food and beverage booths; "The Taste" competition;
"Whatever Floats Your Boat" competition; and awards ceremony
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 June 29, 2017 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 June 29, 2017 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 June 29, 2017 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: 26th Annual Florida Keys Island Fest
Destination Event: FY 2017
Contract ID#: 1822
'0. 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 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 22, 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 the negligent or wrongful act of omission of the County or its
agents.
14. Non -Waiver of Immunity: Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the
participation of the Event Contractor and the County in this Agreement and the acquisition of any
commercial liability insurance coverage, self-insurance coverage, or local government liability insurance
Event Name: 26th Annual Florida Keys Island Fest
Destination Event: FY 2017
Contract ID#: 1822
2
pool'boverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any
contract entered into by the County be required to contain any provision for waiver.
15. Permits: The Event Contractor will secure all required permits, licenses and shall pay all
appropriate business taxes.
16. Taxes: The County and TDC are exempt from Federal Excise and State of Florida Sales
Tax, but this in no way exempts the Event Contractor from applicable Federal and State taxes.
17. Finance Charges: The County and TDC shall not be responsible for any finance charges.
18. Relation of County/TDC: 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.
19. 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.
20. 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.
21. 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.
22. 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.
Event Name: 26th Annual Florida Keys Island Fest
Destination Event: FY 2017
Contract ID#: 1822
3
•23. 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
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.
24. Security Protection: The Event Contractor agrees to provide adequate security for the
event. No TDC funds will be used for this purpose.
25. 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.
26. Logo: Logo Usage guidelines are attached to this contract as Exhibit B. All
promotional literature and display advertising must display the "The Florida Keys - Islamorada"
logo/trademark (as per attached logo sample). This logo/trademark was adopted by the TDC and
County in April, 2010.
27. 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.
28. 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.
29. 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 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 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.
30. 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.
31. Laws and Regulations: Any and all services, materials and equipment shall comply fully
with all Local, State and Federal laws and regulations.
Event Name: 26th Annual Florida Keys Island Fest
Destination Event: FY 2017
Contract ID#: 1822
4
-32. 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, written 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: Judy Hull
Islamorada Chamber of Commerce, Inc.
PO Box 915 (87100 Overseas Highway)
Islamorada, FL 33036
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
34. Miscellaneous: As used herein, the terms "contract" and "agreement" shall be read
interchangeably.
35. 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: 26th Annual Florida Keys Island Fest
Destination Event: FY 2017
Contract ID#: 1822
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above
written.
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Event Name: 26th Annual Florida Keys Island Fest
Destination Event: FY 2017
Contract ID#: 1822
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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 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 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 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: 26th Annual Florida Keys Island Fest
Destination Event: FY 2017
Contract ID#: 1822
7
EXHIBIT B
Logo/Acknowledgement Usage Guidelines For District IV Destination Events
Color ads four (4) color processing printing
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 - Islamorada" 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 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 with Tinsley Advertising at 305-856-
6060.
The Florididdd
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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.
amo�a�da
Event Name: 26th Annual Florida Keys Island Fest
Destination Event: FY 2017
Contract ID#: 1822
0
EXHIBIT C
DESTINATION EVENT BUDGET - FISCAL YEAR 2017
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/HomeNiew/7673
THERE WILL BE NO AMENDMENTS TO THIS BUDGET {EXHIBIT Q AFTER BOCC APPROVAL OF AGREEMENT
26t" Annual Florida Keys Island Fest
EVENT NAME
MEDIA PLACEMENT & PRODUCTION COST:
$12,750
PROMOTIONAL SIGNS:
PROMOTIONAL ITEMS:
DIRECT MAIL PROMOTIONS:
PROGRAMS
PUBLIC RELATIONS:
*GENERAL NON -ALLOCATED:
$2,250
TOTAL
$15,000
*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.
ACORO® CERTIFICATE OF LIABILITY INSURANCE
DATE (MMIDDIYYYY)
09/29/2017
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
CONTACT NAME: Lllliam Reyes
Regan Insurance Agency
HO No Ext : (305)852-3234 A/cFAX , No : (305)852-3703
ADDRESS: Ireyes@reganinsuranceinc.com
90144 Overseas Hwy.
INSURER(S) AFFORDING COVERAGE
NAIC #
Tavernier FL 33070
INsuRERA: Burlington Insurance Company
23620
INSURED
INSURER B :
Islamorada Chamber Of Commerce
INSURER C :
PO BOX 915
INSURER D :
INSURER E :
Islamorada FL 33036
INSURER F :
COVERAGES CERTIFICATE NUMBER: 17-18 GL REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR
TYPE OF INSURANCE
INSD
WVD
POLICY NUMBER
MMIDD/YYYY)
MMIDDffYYY
LIMITS
x
COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE
$ 1,000,000
CLAIMS -MADE � OCCUR
DAMAGE TO RENTED
PREMISES Ea occurrence
$ 100,000
MED EXP (Any one person)
$ 5,000
PERSONAL & ADV INJURY
$ 1,000,000
A
Y
5356533184
10/0112017
10/01/2018
GEN'LAGGREGATE LIMIT APPLIES PER :
GENERAL AGGREGATE
$ 2,000,000
X PRO
POLICY ❑ JECT LOC
PRODUCTS - COMP/OP AGG
$ Included
Liquor Liability
S 1,000,000
OTHER:
I
I
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
Ea accident
$
BODILY INJURY (Per person)
$
ANY AUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
BODILY INJURY (Per accident)
S
PROPERTY DAMAGE
Per acddent
$
HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
UMBRELLA LIAB
OCCUR
EACH OCCURRENCE
$
HCLAIMS-MADE
AGGREGATE
$
EXCESS LIAB
DED RETENTION $
$
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
PER OTH-
TU
STATE ER
ANY PROPRIETOR/PARTNER/EXECUTIVE
E. L. EACH ACCIDENT
$
OFFICER/MEMBER EXCLUDED? ❑
NIA
(Mandatory in NH)
E.L. DISEASE -EA EMPLOYEE
S
If yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT
$
Y
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is requi )
Certificate holder is shown as an additional insured per policy forms, conditions, limitations and exclusions.
Holiday Fest 12/4/2015 y RI A EMENT
Island Fest 4/9I2016 4110/2016 _ L , -. L- f e _ n(-
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L9L1 C L9 a 111 L' 11I Lei:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Monroe County BOCC & TDC ACCORDANCE WITH THE POLICY PROVISIONS.
1111 12th St, Suite 408
AUTHORIZED REPRESENTATIVE Key West j' lFL 33040f—
GG.'
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