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Item D21BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: MAY 21, 2014 Bulk Item: Yes X No Division: TDC Department: Staff Contact Person/Phone #: Maxine Pacini 296-1552 AGENDA ITEM WORDING: Approval to rescind the fishing agreement with Charlie's Coconuts, LLC, for the Coconuts Dolphin Tournament due to the Event Contractor cancelling the event. ITEM BACKGROUND: See attached letter from Event Contractor notifying the TDC of their decision to rescind the funding allocation. PREVIOUS RELEVANT BOCC ACTION: BOCC approved original agreement at their meeting of October 16, 2013. CONTRACT/AGREEMENT CHANGES: Rescind at request of Event Contractor STAFF RECOMMENDATIONS: Approval TOTAL COST: 3 8$ 32 BUDGETED: Yes No COST TO COUNTY: NONE SOURCE OF FUNDS: TDC REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty N/A OMB/Purchasing N/A Risk Management N/A DOCUMENTATION: Included X Not Required DISPOSITION: Revised 11/06 AGENDA ITEM # From: coconutskeylargo(c—Daol.com Date: April 21, 2014 at 12:43:31 PM EDT To: fish umbrella(a-aol.com Subject: Re: Coconuts Dolphin Tournament Sorry for the delay, we just returned from Europe. As you are well aware, conducting the Tournament takes extreme time (a year's effort), energy and funding (over $60K out of pocket). It was challenging, yet while owning the restaurant, we could absorb and offset some of the costs. With the TDC slashing the budget by more than 60% this year, we found it impossible to make economic sense of the program. Therefore, we have not moved forward with the Coconuts Dolphin Tournament, and are saddened to be in this position. We thank you personally, Christina, for your assistance through the years, as we achieved the successful level and standard that became the challenge of all the others! Sincerely, Colleen Mountain Sent from my BlackBerry 10 smartphone. FISHING EVENT FUNDING AGREEMENT THIS Agreement is made and entered into by and between Monroe County, Florida, a political subdivision of the st a of Florida ("County"), and Charlie's Coconuts, LLC ("Event Contractor") on this 1 day of , 2013. WHEREAS, Florida Keys Fishing Tournaments, Inc., the umbrella organization under contract to the County, has recommended to the Monroe County Tourist Development Council (hereinafter "TDC"), which has endorsed the recommendation, that certain monies be allocated for promotion of an event by Event Contractor, and WHEREAS, Event Contractor has represented and agreed that it desires and is able to conduct the event; NOW, THEREFORE; in consideration of the mutual promises contained herein, the parties agree as follows: 1. Amount: County shall pay a sum not to exceed $3,832 (Three Thousand, Eight Hundred and Thirty Two Dollars — TDC District V Funding Allocation) effective October 18, 2013 for promotion and related expenditures, as described in the event budget, attached hereto as Exhibit "D", for production of the Coconuts Dolphin Tournament — 27t' Annual in May, 2014. No amendments shall be made to Exhibit "D" after approval of contract. Payment will be made only after Event Contractor submits invoices and support documentation acceptable to the County's Finance Department. The advertising and promotion budget using County funding may be altered as to the individual line items, or components, within 10% of the amount stated for that item or component, without increasing the total dollar amount and without requiring a written amendment to this agreement. The general non -allocated section of an Umbrella 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. Monroe County's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the County. In a situation where the Event has to be postponed due to a named storm or hurricane for which the County orders a visitor and/or resident evacuation order, the Event Contractor shall have thirty (30) days to provide to Florida Keys Fishing Tournaments, Inc. notice of a new date for the Event, and shall produce the re -scheduled Event within ninety (90) days of the original date of Event. The rescheduled date shall be authorized, in writing, by The Florida Keys Fishing Tournaments, Inc. and forwarded to the Tourist Development Council administrative office to be processed in the form of an amendment to this agreement. If the Event Contractor is unable to reschedule the Event, the Event Contractor shall provide proof of the cancellation being caused by a named storm or hurricane, and a written statement as to why the Event cannot be rescheduled. If the Event is cancelled or rescheduled due to a named storm or hurricane for which the County orders a visitor and/or resident evacuation order, the County shall pay for promotion or related expenditures of any combination of invoices for the original event date, and/or the rescheduled date up to the amount, but not to exceed the amount of funds allocated as described in the budget, attached hereto as Exhibit "D". Coconuts Dolphin Tournament, 270' Annual Fishing Umbrella Funding FY 2014 Contract IDA 1187 2. Duties of Event Contractor Event Contractor shall provide promotion and related services as described in the Schedule of Events, Exhibit "C", attached hereto. 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. 3. Invoicina: Event Contractor agrees to submit all invoices and support documentation as required by the County's Finance Department rules and policies no later than July 30, 2014. Event Contractor shall not be reimbursed nor will Event Contractor's vendors be paid directly for any invoices received by the County after July 30, 2014, 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 expiration 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. 4. Expiration of Agreement: This agreement expires on July 30, 2014 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 expiration date. 5. 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. 6. Media rights: The TDC shall have the right to broadcast, rebroadcast, use, reproduce or transmit for any purpose whatsoever, radio, television, pictures, sound, film and tape motion pictures and still photographs paid by the County and TDC under this agreement. 7. Ownershig: 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. 8. 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 Tourist Development Council 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. 9. 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. Coconuts Dolphin Tournament, 270' Annual Fishing Umbrella Funding FY 2014 Contract IDA 1187 2 10. 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 16'" Judicial Circuit for Monroe County; venue shall be in Monroe County, Florida. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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. 16. Logo: Logo Usage guidelines are attached to this contract as Exhibit B. All promotional literature and display advertising must display the "Florida Keys & Key West Come As You Are" logo/trademark (as per attached logo sample). This logo/trademark was adopted by the TDC and County in April, 2010. In -County Loco: The logo that includes the "Monroe County Tourist Development Council" designation is to be utilized on in -county print newspaper and magazine ads, brochures, postcards, pamphlets, Coconuts Dolphin Tournament 2e Annual Fishing Umbrella Funding FY 2014 Contract ID#. 1187 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 Jessica Taylor -Smith or John Underwood with Tinsley Advertising at 305-856-6060. Out of County Low: The logo that does NOT include the "Monroe County Tourist Development Council" designation is to be utilized 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 Jessica Taylor -Smith or John Underwood at Tinsley Advertising at 305-856-6060. 17. Permits: The Event Contractor will secure all required permits, licenses and shall pay all appropriate business taxes. 18. Assignment: The Event Contractor shall not assign, transfer, convey, 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. 19. Modification: Any changes to this contract may be made only by written mutual agreement, recommended by the TDC and approved by the County. 20. Non Occurrence of Event: The Event Contractor 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 reason for the cancellation. If the event does not take place for any reason under control of Event Contractor, 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. 21. Laws and Regulations: Any and all services, materials and equipment shall comply fully with all Local, State and Federal laws and regulations. Tax. 22. Taxes: The County and TDC are exempt from Federal Excise and State of Florida Sales 23. Finance Charges: The County and TDC will not be responsible for any finance charges. 24. Relation of Countv/TDC: It is the intent of the parties hereto that the Event Contractor shall be legally considered as an independent contractor and that neither it nor its employees shall, under any circumstances, be considered 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. 25. 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, Coconuts Dolphin Tournament, 27 h Annual Fishing Umbrella Funding FY 2014 Contract /D#. 1187 4 direct or indirect, involving any client's interest which may conflict with the interest of the County and TDC. 26. Compliance with Laws - Nondiscrimination: The Event Contractor, shall comply with all federal, state and local laws 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 federal, state and local laws and ordinances. 27. Security Protection: The Event Contractor agrees to provide adequate security for the event. No TDC funds will be used for this purpose. 28. Authod : 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. Miscellaneous: As used herein, the terms "contract" and "agreement" shall be read interchangeably. 30. 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. 31. 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: Charles Mountain PO Box 2648 Key Largo, FL 33037 For Grantor: Lynda Stuart Monroe County Tourist Development Council 1201 White Street, Suite 102 Key West, FL 33040 And Cynthia Hall, Asst. County Attorney P.O. Box 1026 Key West, FL 33041-1026 32. Entire A reement: The parties agree that the agreement above constitutes the entire agreement between the County and Event Contractor. Coconuts Dolphin Tournament, 2766 Annual Fishing Umbrella Funding FY 2014 Contract IDA 1187 5 E E IN WITNESS WHEREOF, the parties have executed this agreement, effective the day and year first above written. (CORPORATE SEAL) Attest: By Secretary Print Name Board of County Commissioners of Monroe County 4 A v 09 yor/Chainnan Charlle's Coconuts, LLC By wnwnsn/ Print Name Date: -712Z/13 OR TWO WITNESSES (only necessary when President does NOT sign) (1) (2) Print Name Date: �N^ i' Y N W = ��• o Q' U N h— Q G W —J e� Print Name Date: MONROE COUNTY ATTORNEY A OV D AS T 0 ASaia NT f n11'. ` Data______-- 7 —1- ATTORNEY � C *ywh DOW*? Tournament, 27w Annual Fls*ft Umbnba Funding FY 2014 Contrail /D* 1187 6 K K Acceptable Event Marketina Expenses for Fishina Events EXHIBIT9 Within the Fishing Umbrella events funding category, the allocation received by the event contractor must be spent on the list of items that have been approved. Only the TDC expenses listed below may be included in the proposed budget. There is no restriction as to out -of -county advertising. 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 payment will be made for development or operations (hosting) of websites. Promotional Siang: Posters and banners (hanging and displayed outdoors). Promotional Item: T-shirts and hats*, trophies (Fishing Tournaments Only). *Sales/Resale of TDC funded items: Items funded by the BOCC/TDC, including creative and resulting work product, 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%) for the cost of production or printing of an event program showing scheduled activities and information on the event, as outlined in contract budget. Public Relations (PRI: 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. Trophies: Framed art work, framed photography, engraved crystal and glass, plaques, trophies, sculptures (fiberglass, metal, glass & wood) and framed certificates shall constitute a trophy. All such trophies must include the appropriate information as outlined in the policies (tournament name, date (year), and location). For trophy reimbursement, Tournament Directors must present the original invoice of the trophies, a notarized list of winners of the event, and a notarized list of the plates and/or glass etching from the engraving company. Amendments to Contract Budaets: No amendments to the line item budget will be permitted after the contract has been reviewed and approved. Coconuts Dolphin Tournament, 270' Annual Fishing Umbrella Funding FY 2014 Contract IDA 1187 7 E E EXHIBIT Logo/Acknowledgement Usage Guidelines For Fishing 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 cant' 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" Trophies: Logos are not required on trophies. 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 Jessica Taylor -Smith or John Underwood with Tinsley Advertising at 305-856-6060. The FloriddKeys &KeyVest COMd5 YOU the Out -of -County Logo The logo below that does NOT include the "Monroe County Tourist Development Council" designation is to be utilized 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 Jessica Taylor -Smith or John Underwood at Tinsley Advertising at 305-856-6060. The FloriddKeys &KeyVllest Coconuts Dolphin Tournament 2e Annual Fishing Umbrella Funding FY 2014 Contract ID#: 1187 Events Procedures - Fishing Continued FILE COP"I EXHIBIT C SCHEDULE OF EVENTS This will become part of your approved contract. TOURNAMENT SCHEDULE OF EVENTS FISCAL YEAR 2014 Coconuts Dolphin Tournament PRINT OFFICIAL TOURNAMENT NAME DAY 1 8 :-W_ AM LINES IN WATER 3 : 00 PM LINES OUT OF WATER 7 • 00 PM EVENING EVENT 6 00 PM WEIGH-IN OVER PM OTHER EVENT: DAY 2 8 00 AM LINES IN WATER 3 : 00 PM LINES OUT WATER 7 00 PM EVENING EVENT 6 00 PM WEIGH-IN OVER PM OTHER EVENT: DAY 3 8 00 AM LINES IN WATER 3 00 PM LINES OUT WATER 6 30 PM EVENING EVENT 5 00 PM WEIGH-IN OVER PM OTHER EVENT: DAY 4 AM LINES IN WATER PM LINES OUT WATER PM EVENING EVENT PM WEIGH-IN OVER PM OTHER EVENT: Monroe Counly Tourist Development Council Operations Manual EXHIBIT D FISHING UMBRELLA EVENT BUDGET - FISCAL YEAR 2014 APPLICANT IS ADVISED PRIOR TO COMPLETING THIS BUDGET TO REFER TO THE FUNDING APPLICATION SHOWING THE ALLOWABLE MARKETING EXPENSES THAT WILL BE CONSIDERED FOR REIMBURSEMENT THERE WILL BE NO AMENDMENTS TO THIS BUDGET (EXHIBIT D) AFTER BOCC APPROVAL OF AGREEMENT Coconuts Dolphin Tournament, 27t" Annual OFFICIAL TOURNAMENT NAME ' MEDIA PLACEMENT & PRODUCTION COST: $2,000 PROMOTIONAL SIGNS: $ PROMOTIONAL ITEMS: $ DIRECT MAIL PROMOTIONS: $1,000 PROGRAMS: $ PUBLIC RELATIONS: $ *TROPHIES: $832 "GENERAL NON -ALLOCATED: $ TOTAL $3,832 *Tournaments may not place more than 30% of their total funding allocation in the Trophy line item, except when special approval from FKFT, Inc. Board of Directors has been received. **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.