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FY2018 10/18/2017_ 41 FISHING EVENT FUNDING AGREEMENT THIS Agreement is made and entered into by and between Monroe County, Florida, Kpolitical ub i ision of the State of Florida (County), and David Breznicky (Event Contractor) on this day of 2017. WHEREAS, Florida Keys Fishing Tournaments, Inc. (Fishing Umbrella), the umbrella organization under contract with the County, has recommended to the Monroe County Tourist Development Council (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; and WHEREAS, the Umbrella organization recommends allocation of funds for the Tarponian Tournament (Event) in May 2018 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 $3,000 (THREE THOUSAND DOLLARS — TDC District III Funding Allocation) effective October 18, 2017 for promotion and related expenditures, as described in the event budget, attached hereto as Exhibit D, for production of the Event. No amendments shall be made to the Budget as set forth in 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 Board of County Commissioners. 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 TDC administrative office for approval by the TDC Director. 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 Event Name: Tarponian Tournament Fishing Umbrella Funding FY 2018 Contract ID # 1879 the amount, but not to exceed the amount of funds allocated as described in the budget, attached hereto as Exhibit D. 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. 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 July 30, 2018 unless the date of the event is amended upon written approval of the Fishing Umbrella 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 July 30, 2018 unless the date of the event is amended upon written approval of the Fishing Umbrella 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 agreement with the County. For clarification on reimbursements, please refer to the reimbursement packet provided to you upon execution of your funding agreement. 4. Expiration of Agreement This agreement expires July 30, 2018 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, unless the date of the event is amended upon written approval of the Fishing Umbrella and TDC Director. 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 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. 7. 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 or omission of County or its agents. 8. 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: Tarponian Tournament Fishing Umbrella Funding FY 2018 Contract ID # 1879 2 pool coverage 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. 9. Ethics Clause The Event Contractor warrants that it has not employed, retained or otherwise had act on its behalf, any former County officer 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. 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. Governinq 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, 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. 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 Event Name: Tarponian Tournament Fishing Umbrella Funding FY 2018 Contract ID # 1879 3 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. Lotto 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 — Exhibit B). This logo /trademark was adopted by the TDC and County in April, 2010. In- County Logo 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, 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 Karen Piedra or John Underwood with Tinsley Advertising at 305 - 856 -6060. Out -of- County Logo The logo 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 Karen Piedra 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 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. 20. 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, 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. 22. 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. . 23. Finance Charges The County and TDC will not be responsible for any finance charges. Event Name: Tarponian Tournament Fishing Umbrella Funding FY 2018 Contract ID # 1879 4 24. Relation of County/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, 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 Local, State and Federal 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 Local, State and Federal laws and regulations 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. 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 of the person or corporation 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, as applicable to corporations. 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: David Breznicky 118 W Butler Avenue Ambler, PA 19002 Event Name: Tarponian Tournament Fishing Umbrella Funding FY 2018 Contract ID # 1879 5 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 32. Entire Agreement The parties agree that the agreement above constitutes the entire agreement between,-the County and Event Contractor. IN WITNESS -WHERE ,the parties hereto have executed tt►is agreement the day and yew ffrst-above written. (SEAL) Board of County Commissioners Attest: Kevin 1M,ddok, Clerk of Monroe County 4 -z Deputy Clerk David Br k By President 7`f rint Name Date: l AND TWO WITNESSES �- - Date: ,j" IN MONROE COUNTY ATTORNEY Event Name: Tarponian Tournament 0 -k. 1rA (,t j1 t -M Fishing Umbrella Funding FY 2018 CHRISTINE LIMBERT- BARROWS Contract ID # 1879 6 ASSISTANT ATTORNEY DATE: �4 COY Mayor /Chairman Date: - '1 1 Dt 1 -7 rn � = CJ n Q' � - 2 :FV ;:0 F - 4cl M : Date: - '1 1 Dt 1 -7 EXHIBIT A Acceptable Event Marketing Expenses for Fishing Events 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 Signs Posters and banners (hanging and displayed outdoors). Promotional Items 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 and shipping. This is a direct mail promotional brochure, postcard or 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 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. 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 Budgets No amendments to the line item budget will be permitted after the contract has been reviewed and approved. Event Name: Tarponian Tournament Fishing Umbrella Funding FY 2018 Contract ID # 1879 7 EXHIBIT B Locio /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 carry the "The Florida Keys & Key West" 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' 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 Karen Piedraor John Underwood with Tinsley Advertising at 305 -856- 6060. The FloriddKe- & Key\Vest come as you er 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 Karen Piedra or John Underwood at Tinsley Advertising at 305 - 856 -6060. The Floridd eys &Key st come as you are Event Name: Tarponian Tournament Fishing Umbrella Funding FY 2018 Contract ID # 1879 8 • ' � KLL EXHIBIT C SCHEDULE OF EVENTS This will become part of your a roved contract. TOURNAMENT SCHEDULE OF EVENTS FISCAL YEAR 2018 Tarponian Tournament PRINT OFFICIAL TOURNAMENT NAME DAY 1 5:00 PM LINES IN WATER 9:00 PM LINES OUT OF WATER PM EVENING EVENT PM WEIGH -IN OVER PM OTHER EVENT: DAY 2 7:00 AM LINES IN WATER 11:00 AM LINES OUT WATER PM EVENING EVENT PM WEIGH -IN OVER PM OTHER EVENT: DAY 3 DAY AM LINES IN WATER PM LINES OUT WATER PM EVENING EVENT PM WEIGH -IN OVER PM OTHER EVENT: DAY 4 5:30 PM LINES IN WATER 9:30 PM LINES OUT WATER PM EVENING EVENT PM WEIGH -IN OVER PM OTHER EVENT- ti EXHIBIT D FISHING UMBRELLA EVENT BUDGET - FISCAL YEAR 2018 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 Tarponian Tournament OFFICIAL TOURNAMENT NAME MEDIA PLACEMENT & PRODUCTION COST: PROMOTIONAL SIGNS: PROMOTIONAL ITEMS: $3,000 DIRECT MAIL PROMOTIONS: PROGRAMS: PUBLIC RELATIONS: *TROPHIES: * *GENERAL NON - ALLOCATED: TOTAL $3,000 *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.