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Item D1BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: MARCH 20, 2D 13 Division: TDC Bulk Item: Yes X No Department: Staff Contact Person/Phone #: Maxine Pacini 296-1552 AGENDA ITEM WORDING: Approval of an Amendment to Agreement with University of Florida Alumni Association, Inc. Key west Gator Club to change name of event from "Key West Marathon" to Southernmost Marathon. ITEM BACKGROUND: The event coordinator has requested a name change for their event to prevent confusion with a similar named event (request attached). Both District I and District II who funded the event have moved approval of the requested name change. TDC to approve same at their meeting of March 19, 2013. PREVIOUS RELEVANT BOCC ACTION: BOCC approved original agreement at their meeting of November 20, 2012 CONTRACT/AGREEMENT CHANGES: Amendment to change name of event STAFF RECOMMENDATIONS: Approval TOTAL COST: $27,500 BUDGETED: Yes No COST TO COUNTY: $27,500 SOURCE OF FUNDS: TDC REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing X Risk Management X DOCUMENTATION: Included X Not Required DISPOSITION: Revised 1110 6 AGENDA ITEM # (3) Cfir:.'." MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: University of Florida Alumni Association, Inc., Key West Gator Club Contract # 1143 Effective Date: 11/20/12 Expiration Date: 3 /31 / 14 Contract Purpose/Description: Approval of an Amendment to Agreement with University of Florida Alumni Association Inc., Kev West Gator Club to change name of event from Key West Marathon to Southernmost Marathon. Contract Manager: Maxine Pacini 3523 (Name) I for BOCC meeting on 3/20/13 �rxi.) TDC#3 (Department/Stop #) Agenda Deadline 315113 CONTRACT COSTS Total Dollar Value of Contract: $ 27,500 / Current Year Portion: $ Budgeted? YesN No ❑ Account Codes : 117 77030 530340 ts37 779 x�530340 Grant: $ 118 78030 530340 ts38 779 /530340 County Match: $ 115 75360 530340 tm35 779 x 530340 ADDITIONAL COSTS Estimated Ongoing Costs: $ lyr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out a In Needed ev' r Division Director Yes No & Risk Management Yes❑No[3/ O.M.B./Pur ing 1t t/-SO/�Yes❑ No[� ' 3 1 U -- t (I County Attorney 3 YesD NoFlt-4� C. Hall 2 13 Comments: UMIB Form Devised 2127101 MCP #2 From: Q'Zabeth Love To: admioa5g(@fla-ke)4s.com Cc: william elLip5; Javier Garrid❑ Subject: Key West Marathon name change Date: Friday, January 11, 2013 12:29:33 PM Hi Maxine,, Thank you for your time on the phone yesterday. As we discussed, we are requesting to be added to the February agenda for a name change for the event supported by the Key West Gator Club as "The Key West Marathon" to "Southernmost Marathon". After much deliberation, we feel the name change is necessary to prevent confusion with the existing event "The Key West Half Marathon". The events take place at different times of the year and cover different distances, however, the similarities in names have the potential to cause confusion for participants registering for the events. Both events will be using active.com, a popular event registration site, as their means for registering participants. By changing the name to the "Southernmost Marathon" we will be more recognizable and able to differentiate ourselves. All of our marketing efforts will continue to highlight the event as the premier Key West and Florida Keys racing event. I know there are a few steps involved in the process. Please let me know what further information you require. Thank you again, Liz Love AMENDMENT (1st AMENDMENT) TO AGREEMENT THIS AMENDMENT to agreement dated the day of 2013, is entered into by and between the Board of County Commissioners for Monroe County, on behalf of the Tourist Development council, and University of Florida Alumni Association, Inc. Key Vilest Gator Club ("Event Sponsor") WHEREAS, there was an agreement entered into on November 20, 2012 between the parties, awarding $27,500 to University of Florida Alumni Association, Inc. Key West Gator Club for the Key West Marathon in October, 2013; and WHEREAS, it has become necessary to revise the name of the event to Southernmost Marathon to avoid confusion with a similar named event, and NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree to the amended agreement as follows: 1 . Paragraph 1 of the agreement shall be revised to read: The County agrees to pay up to $27,500 (Twenty Seven Thousand and Five Hundred Dollars — TDC District I Funding Allocation = $251000; TDC District Il Funding Allocation = $2,500) for Southernmost Marathon in October, 2013 from tourist development tax funds (see Exhibit "C"). Of this amount, no more than 10% or $2,750 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" of the original agreement. A list of Acceptable Event Marketing Expenses is attached to the original agreement as Exhibit "A". 2. In all other respects, the remaining provisions of the agreement dated November 20, 2012 shall remain in full force and effect. REMAINDER of PAGE INTENTIONALLY LEFT BLANK Amendment # 1 Southernmost Marathon (previously Key West Marathon) ID# 1143 0 4 IN WITNESS WHEREOF, the parrties have set their hands and seal on the day and year first above written. (SEAL) Board of County Commissioners Attest Amy Heavilin, Clerk of Monroe County Deputy Clerk (CORPORATE SEAL) Aftest secretary Print Name Daft: — Mayor/Chairman University of FloNds Alumni Aaocletlon, lne. Key West �iator Club Presiderrt 2 0 o,,- z C c L0LZ'Af( Print Name 2 - � r' ` 1--=� OR TWO WITNES3E3 (only necessary tf the Prosidont does not sign) Print Name Date: Aumadmeo 1 n (Pmviously Key west MEA ID# 1143 c2� Print Name Date: MONEWE CQ U NTY ATTORNEY AKRO AS 0 A V. HALL ► aI815T NO ��UNTY ATTORNEY Date - 2.9 Destination Events Agreement THIS AGREEMENT (Agreement) is entered into this Z°-&& day ofi��� 2012 by and between MONROE COUNTY, a political subdivision of the state of Florida (County) and University of Florida Alumni Association, Inc. Key West Gator Club.a not for profit corporation organized and operating under the laws of the state of Florida (Event Sponsor). WITNESSETH: In consideration of the mutual covenants contained herein, the parties agree as follows: 1. The County agrees to pay up to $27,500 (Twenty Seven Thousand and Five Hundred Dollars — TDC District I Funding Allocation = $250000; TDC District 11 Funding Allocation = $2,500) for Key West Marathon in October, 2013 from tourist development tax funds (see Exhibit "C"). Of this amount, no more than 10% or $2,750 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. Scoae of Services: The event sponsor agrees to provide the County with an event as specified below: a) A one day marathon and half marathon race with early registration activities; awards party, and organized music, meals and watersport activities. 3. All advertising and public relations services or supervision of advertising and public relations will be provided through the contracted agencies of the Tourist Development Council (TDC) and COUNTY. The agencies of record shall receive payment for work in progress upon submission of documented invoices associated with the event. 4. Pa ent: Any payments directly to the event sponsor or vendors associated with said event shall be as follows: Payment upon presentation of an invoice shall indicate the task completed for which payment is sought, with proper documentation attached. Monroe County`s performance and obligation to pay under this contract is contingent upon an annual appropriation by the COUNTY. only acceptable expenses listed in the Monroe County Tourist Development Council Operations Manual shall be paid. 5. Accounttnq: Financial records of the event Sponsor pertaining to this project shall be kept according to generally recognized accounting principles and shall be available to the COUNTY or to an authorized representative for audit. 5. Modification: Line item changes to the advertising and promotion budget may be made up to but not exceeding 10% of the larger line item amount without requiring COUNTY approval of the particular change. Key West Marathon Destination Event: FY 2013 Contract ID#: 1143 7. 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 Y misfeasance, malfeasance, or nonperformance of the agreement terms or negligent performance of the agreement terms by the event sponsor. 8. Termination: This Agreement will be terminated on March 31, 2014. All invoices must be submitted prior to March 31, 2014. 9. Non Occurrence of Event: if the event does not take place for any reason under control of Event Sponsor except for those reasons in paragraph 18, then Event Sponsor agrees to refund to the COUNTY any amounts already paid to them under this agreement, and relieve the COUNTY from any further payments. The event sponsor shall give written notice to the Monroe County Tourist Development Council if it is found necessary to cancel an event. The notice shall contain the following specifics: 1) reason for cancellation, Z} documentation of the reason for cancellation and 3) person authorized to cancel including We and stated affiliation. 10. Indemnification and Hold Harmless: The event sponsor covenants and agrees to indemnify and hold harmless and defend Monroe County, its officers, employees and agents including the Tourist Development Council and Visit Florida Keys from any and all claims for bodily injury (including death), personal injury, and property damage p g (Including property owned by Monroe County) and any other losses, damages, and expenses (including attomey's fees) which arise out of, in connection with, orb reason of the Y services provided, event sponsored, or other activities and funding associated with this agreement, except those losses or damages caused by COUNTY or its agents. 11. Permits: The event sponsor will secure all required permits and licenses and shall pay all appropriate business taxes. 12. T. The COUNTY and TDC are exempt from Federal Excise and State of Florida Sales Tax. 13. Finance Cha„ r finance charges. g„gs: The COUNTY and TDC shall not be responsible for an p y 14. Relation of COUNTY/TDC: It is the intent of the parties hereto that the event . sponsor shall be legally considered as an independent Event Sponsor 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 e9 Y responsible for any negligence on the part of said Event Sponsor, its employees or a agents, 9 , resulting in either bodily or personal injury or property damage to an individual, firm or corporation. Y , 15. interest, The event sponsor shall be required to list an all potential Y or conflicts or as defined by Florida Statutes Chapter 112 and Monroe County Code. The event sponsor 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. 16. As i nment. The event sponsor shall not assign, transfer, gconvey, sublet or otherwise dispose of this agreement, or of any or all of its right, 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. P Y rp 17. Com liance with laws - Nondiscrimination: The events onsor, shall comply r p p Y with a I I federal, al, state and local laws and ordinances applicable to the work or payment for Key Vilest Marathon Destination Event: FY 2013 Contract l D#: 1143 K J •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 federal, state, and local laws and ordinances. 18. Force Maieure: The event sponsor 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, not 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 sponsor 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 sponsor 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. 19. Oovemina 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 Sponsor 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. 20. Security.Protection: The event sponsor agrees to provide adequate security for the event. No TDC funds will be used for this purpose. 21. Ownersh p: All advertising and promotion work performed under the agreement and paid for by the COUNTY and TDC shall be the property of the COUNTY and TDC, for whatever use and/or disposition the COUNTY and TDC may deem appropriate. 22. Media ,rights: The TDC shall have the right to broadcast, rebroadcast, use, reproduce or transmit for any purpose whatsoever, radio, televisionpictures, sound film and tape motion pictures and still photographs paid by the COUNTY and TDC under this agreement. 23. L o: Logo Usage guidelines are attached to this contract as Exhibit "B". For all promotional literature and display advertising with the exception of generic advertising must display the "Florida Keys & Key West Come As You Are" Iogoltrade mark (as per attached logo sample). This logo/trade mark was adopted by the TDC and County in April 2010. 24. 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. 25. Authorit : Each of the signatories for the sponsor below certifies and warrants that: Key West Marathon Destination Event: FY 2013 Contract I D#: 1143 M a) The Sponsor'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 Sponsor and c) this Agreement has been approved by the Sponsor's Governing Board. 26. Ethics Clause: The event sponsor 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. 27. Public Entity 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 proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals 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 Florida Statutes, for CATEGORY TWO for period of 36 months from the date of being placed on the convicted vendor list." 28. Notice: Any notice required or permitted under this agreement shall be in writing and had delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested to the following: For Grantee: Javier Garrido 3201 F lag ler Ave # 501 Key West, FL 33 040 For Grantor: Lynda Stuart Monroe County Tourist Development Council 1201 White Street, Sulte 102 Key West, FL 33040 And Cynthia Hall, Asst. County Attorney P.G. Box 1026 Key West, FL 33041-1026 29. Entire Agreement: The parties agree that the Agreement above constitutes the entire agreement between the COUNTY and event sponsor. Except as provided in paragraph 6 of this Agreement, this Agreement can never be amended or modified except in a writing signed by the parties hereto. (THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK] Key West Marathon Destination Event; FY 2013 Contract 1 D#: 1143 4 IN WITNESS WHEREOF the parties hensbo have eoFlo aUed thk Aproemsnt the day and y�r fht above vKilben. I(SEAL) A.&,*A :T e4.i/ 1 I ► n i �1e4o K A j /n �r. &ej BMW Of C44M* &_ 9%*Aw Of IWFWU%M Cc" 7 �NplJty Clark (CORPORATE SEAL) Atdst soawtw Y Pit Nart� DaM• Ky WNt boft O�tlon Evwtt FY 2013 Contract IDS: 1143 Awl Ir" �rACMYmn Nhadf seO�or ClubAlumni A..ocdtlon, Inc. Key 5 BY Care ouy Ofc�7.Q7�1 Print Name �- �°I - I Dom. . M COUNTY ATTOMM S TO IA L ANIST IUNTY A .• �- F, N cI i CA a1 rn- M CD n x M C) L07 EXHIBIT A AccepLable Event Marketing Expenses for Destination Events Approved by BOCC 4/20/11 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. omm 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. Tx 7/21/93 This policy mirrors that of the Board of County Commissioners. Bocc W&V3 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 11 of the Operations Manual for the Monroe County Tourist Development Council. TDC funded items are NOT to be sold. 9/w94 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). ors Marketing expenses for events held outside Monroe County shall not be reimbursed/direct paid. &isno DESTINATION EVENTS: Destination events as defined under Section IV -A of the Operations Manual will be paid as per the scope of services within the contract and those acceptable items/expenses listed below. Destination events may utilize up to 10% of their approved line item budgets for in -county hard media and public relations. A general non - allocated line item is not to exceed 15% of the. total budget and can only be utilized for Key West Marathon Destination Event: FY 2013 Contract l D#: 1143 .acceptable TDC items as listed in this section. There cannot be more than a 10% deviation on the approved line item budget. Media Placement & Production Costs: newspaper; magazines, radio; TV; website/intemet advertising oni 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 includingproduction p oductton and printing, of program as outlined in contract budget. 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 7/2m o In -House Production: in-house production of any permissible expenditures will not be considered for reimbursement. Bocc v2vio 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. w=7/2vio Items that have not been approved by the appropriate agency of record prior to prod uctionlplacement shall not be considered for reimbursemenVdirect payment. BoCC 7/21/10 2 ADVERTISING THROUGH THE INTERNET: The TDC will a for Internet advertising pay ert�s'ng 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 3 imm SALE/RESALE OF TDC FUNDED ITEMS: Items funded, including creative and resulting work r w o 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. o9/1 4/94 Key West Marathon Destination Event: FY 2013 Contract I D* 1143 7 EXHIBIT B Logo/Acknowledgement Usage Guidelines For Destination Events Funded From Multiple Districts BOCC 4/21/10 Color ads four (4) color processing printing wisrsi Black 8 white ads shall include the Florida Keys and Key West logo in PMS black. 0w1V91 Use on all printed material as listed under the Acceptable Event Marketing Expenses list N: logo must appear at the conclusion of commercial Hats/t-shirtsfjackets/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 Troohies: Logos are not required on trophies. inrCounty 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. Florida Keys &KeyWest _,. Dome a you me out-ofwCountY 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 Florldd Keys &KeyVqstdS YOU the **,o . come Key West Marathon Destination Event: FY 2013 Contract I D#: 1143 EXHIBIT C MONROE COUNTY TOURIST DEVELOPMENT COUNCIL DESTINATION EVENT BUDGET BUDGET BREAKDOWN line items listed below must be approved by the appropriate agency of record Thera will be no aimmki mats to this budget (Exhibit C) alter SOCC appro"I of Ayraemant FISCAL YEAR 2013 EVENT NAME: Key West Marathon MEDIA PLACEMENT B PRODUCTION COSTS: rimspaper, radio, magazines, TV wabeiteAntarnst ad►►artlsl only $1 2,5oa PROMOTIONAL SIGNS: posteraftrinem S5o3 PROMOTIONAL ITEMS: t-ohift hats ackets koozle cu $9 375 DIRECT MAIL PROMOTIONS: brochureslpamphleW shI SSW PROGRAMS: PUBL.lC RELATIONS *GENERAL NON -ALLOCATED $4, 1 25 TOTAL: GENERAL NON ALLOCATED MAY NOT EXCEED 15% OF THE ABOVE BUDGET. AND CAN ONLY BE UTILIZED FOR ACCEPTABLE TDC ITEMS. $27,500 ACTUAL EXPENDITURES MAY DEVIATE NO MORE THAN 10% FROM THE BUDGETED LINE ITEMS NOTED ABOVE. MARKETING EXPENSES FOR EVENTS HELD OUTSIDE MONROE COUNTY SHALL NOT BE REIMBURSEDIDIRECT PAID