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Item D08M C ounty of f Monroe ELj » °o � BOARD OF COUNTY COMMISSIONERS /� r i � �� Mayor George Neugent, District 2 The Florida. Ke Se y I Mayor Pro Tern David Rice, District 4 Danny L. Kolhage, District I Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting October 18, 2017 Agenda Item Number: D.8 Agenda Item Summary #3435 BULK ITEM: Yes DEPARTMENT: Tourist Development Council TIME APPROXIMATE: STAFF CONTACT: Ammie Machan (305) 296 -1552 N/A AGENDA ITEM WORDING: Approval of District I Destination Event Agreements for FY 2018 as per attached spreadsheet totaling $451,000. ITEM BACKGROUND: In order to reduce the vast quantity of paperwork, we request your approval of the District I Destination Events as outlined on the attached spreadsheet, wherein the Contract ID number, organization, event name, event dates, funding allocated, line item number and expiration dates are provided. A boilerplate District I agreement is provided for your information. DAC I approved same at their meeting of August 2, 2017 TDC approved same at their meeting of October 11, 2017 PREVIOUS RELEVANT BOCC ACTION: The BOCC approved the Request for Applications for FY 2018 Destination and Turnkey Event Funding Applications at their meeting of February 15, 2017. At the meeting of April 19, 1995 the BOCC approved the TDC's reduction of repetitive paperwork wherein the TDC would provide a summary of event(s) funding information. CONTRACT /AGREEMENT CHANGES: New Agreements STAFF RECOMMENDATION: Approval DOCUMENTATION: District I Destination Event Summary Sheet and Boilerplate Agreement FINANCIAL IMPACT: Effective Date: October 18, 2017 Expiration Date: Various Total Dollar Value of Contract: $451,000 Total Cost to County: No Cost to County Current Year Portion: $451,000 Budgeted: Yes Source of Funds: TDC CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No Grant: County Match: Insurance Required: No Additional Details: If yes, amount: See attached summary list for line itme numbers REVIEWED BY: Maxine Pacini Completed 09/27/2017 2:22 PM Christine Limbert Completed 10/02/2017 11:54 AM Budget and Finance Completed 10/02/2017 12:03 PM Maria Slavik Completed 10/03/2017 8:41 AM Kathy Peters Completed 10/03/2017 6:11 PM Board of County Commissioners Pending 10/18/2017 9:00 AM Funds Event name Organization Event Date Line Item Number Expirat allocated itational benefiting Special Special Olympics Florida, Inc. $10,000.00 October 2018 117 77030 530340 TS87 912 X 530340 - ida Monroe December = lorida Keys Seafood Festival Monroe County Commercial Fishermen, Inc. $17,000.00 January 2018 117 77030 530340 TS87 674 X 530340 April 1, 20: round Key West, Open Water Florida Keys Community College and the Letters June - September $10,000.00 115 75360 530340 TM85 673 X 530340 im Meet "FKCC„ 2018 November .K Sunset Run &Paddleboard Hemingway Sunset Run & Paddleboard Race LLC $10,000.00 July 2018 117 77030 530340 TS87 778 X 530340 September International Women's Flag Football Association, Classic $10,000.00 January 2018 117 77030 530340 TS87 765 X 530340 Inc. April 1, 20= August - September wfest Sunrise Rotary Foundation of Key West, Inc. $25,000.00 115 75360 530340 TM85 752 X 530340 2018 November i Festival Key West Film Festival Corporation $17,000.00 November 2018 115 75360 530340 TM85 531 X 530340 January 29 id and Wine Festival Dolce Events LLC $35,000.00 January 2018 117 77030 530340 TS87 522 X 530340 April 1, 20. The Lodging Association of The Florida Keys and iday Fest $50,000.00 December 2018 117 77030 530340 TS87 657 X 530340 Key West, Inc. March 1, 2 Idle Classic Lazy Dog Adventures, LLC $10,000.00 April 2018 117 77030 530340 TS87 714 X 530340 June 29, 2( le 2018 Key West Business Guild, Inc. $50,000.00 June 2018 117 77030 530340 TS87 423 X 530340 August 29, rthlon TRIKW Multirace LLC $17,000.00 December 2018 117 77030 530340 TS87 715 X 530340 March 1, 2 inual Key West Ocean Fest: A Mote Marine Laboratory, Inc. $17,000.00 April 2018 117 77030 530340 TS87 937 X 530340 :elebration June 29, 2( , e Shoe Drop Bourbon Street Pub, Inc. $17,000.00 December 2018 117 77030 530340 TS87 781 X 530340 March 1, 2 r West World Championships Powerboat P1 (USA) LLC $35,000.00 December 2018 117 77030 530340 TS87 911 X 530340 March 1, 2 Funds Event name Organization Event Date Line Item Number Expirat allocated Sculpture Parade Key West Art and Historical Society, Inc. $17,000.00 May 2018 117 77030 530340 TS87 880 X 530340 July 30, 20 ,t Marathon & Half 10k /5k MULTIRACE LLC $17,000.00 October 2018 117 77030 530340 TS87 779 X 530340 December Festival The Key Lime Festival $17,000.00 June -July 2018 117 77030 530340 TS87 863 X 530340 September 2018 Key West Business Guild, Inc. $25,000.00 August 2018 115 75360 530340 TM85 588 X 530340 October 3C September - !y West Dolce Events LLC $10,000.00 117 77030 530340 TS87 910 X 530340 October 2018 December 115 75360 530340 TM85 024 X 530340 :018 Key West Business Guild, Inc. $35,000.00 September 2018 November 117 77030 530340 TM87 024 x 530340 Total: $451,000.00 Destination Event Agreement THIS Agreement is made and entered into by and between Monroe County, Florida, a politics subdivision of the State of Florida (County), and Organization (Event Contractor) on this day o , 2017. WITNESSETH: In consideration of the mutual covenants contained herein, the parties agree as follows: W 1. The County agrees to pay up to $ ( Dollars — Monroe Count) .'2 Tourist Development Council (TDC) District I Funding Allocation) for Event Name on Event Date, from tourist development tax funds (see Exhibit C). Of this amount, no more than 10% or $ 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 budge and may be utilized for unforeseen permissible expenditures and for those budget lines that mad require additional funds. No amendments shall be made to Exhibit C after approval o' agreement. A list of Acceptable Event Marketing Expenses is attached to the agreement a: Exhibit A. a) 2. Scope of Services The Event Contractor agrees to provide the County with an event a: specified below: (Insert) 3. Event Budget: Exhibit C attached hereto shall be reviewed and approved by the TD( Agencies of record. 4. Invoicing Event Contractor agrees to submit all invoices and support documentation a: required by the County's Finance Department rules and policies no later than Expiration Date unless the date of the event is amended upon approval of the Advisory Committee and TDC Director. Even Contractor shall not be reimbursed nor will Event Contractor's vendors be paid directly for any invoice: received by the County after Expiration Date unless the date of the event is amended upon approval o the Advisory Committee and TDC Director, and the County shall not be obligated to pay for any service: provided by Event Contractor under this agreement if documentation as noted above is not received or or before this reimbursement deadline date. To be eligible for reimbursement, the request fo 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 yoL upon execution of your funding agreement. 5. Expiration of Agreement This agreement expires on Expiration Date unless the date o the event is amended upon approval of the Advisory Committee and TDC Director and the County shal not be obligated to pay for any services provided by Event Contractor under this agreement i documentation as noted above is not received on or before this reimbursement deadline date. 6. Duties of Event Contractor Event Contractor shall provide promotion and related service: as described in paragraph 2 — Scope of Services, and outlined in Exhibit C (Event Budget). Al Event Name: Destination Event: FY 2018 Contract ID #: 1 D.8.a advertising and public relations services or supervision of advertising and public relations will e 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 agent: 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 sai( contract other than stated above require approval by the Advisory Committee, TDC and the County. > W r- 9. Reimbursement to County Event Contractor shall reimburse County for any amount o funds expended by County in connection with an event which does not occur as a result of any act o omission by Event Contractor. 10. Breach and Penalties The parties agree to full performance of the covenants contained it this agreement, and the County reserves the right at its discretion, provided such breach is material, t( terminate this agreement for any misfeasance, malfeasance or nonperformance of the agreement term: or negligent performance of the agreement terms by the Event Contractor. F 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 it paragraph 21, 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 claim: suits or action made against the Event Contractor that is related to the activity under this agreement, am will cooperate with County in the investigation arising as a result of any action, suit or claim related ti this agreement. Any legal proceedings arising out of this agreement shall be in accordance with the law: of the State of Florida in the 16 Judicial Circuit for Monroe County; venue shall be in Monroe County Florida. 13. Indemnification and Hold Harmless The Event Contractor covenants and agrees t( indemnify and hold harmless and defend Monroe County, its officers, employees and agents includin( 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 at or omission of County or it: agents. 14. Non - Waiver of Immunity Notwithstanding the provisions of Sec. 768.28, FloridE Statutes, the participation of the Event Contractor and the County in this Agreement and the acquisitior of any commercial liability insurance coverage, self- insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, no shall any contract entered into by the County be required to contain any provision for waiver. Event Name: Destination Event: FY 2018 Contract ID #: 2 [).8.a 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 Sale: 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 Contracto shall be legally considered as an independent Event Contractor and that neither it nor its employee: shall, under any circumstances, be considered employees, servants or agents of the County and TDC r and the County and TDC shall at no time be legally responsible for any negligence on the part of sai( 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 o interest, as defined by Florida Statutes Chapter 112 and Monroe County Code. The Event Contracto 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 an( 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 t( 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 al Local, State and Federal laws, regulations and ordinances applicable to the work or payment for wor4 thereof, and shall not discriminate on the grounds of race, color, religion, sex, age or national origin it the performance of work under this agreement. This agreement shall be subject to all Local, State an( Federal laws, regulations and ordinances. 22. Force Maieure The Event Contractor shall not be liable for delay in performance or failur( to perform in whole or in part, the services due to the occurrence of any contingency beyond its contro or the control of any of its subcontractors or suppliers, including labor dispute, strike, labor shortage, wa or act of war whether an actual declaration thereof if made or not, insurrection, sabotage, riot or civi 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 exercise( reasonable care in the prevention or mitigation of damages and delay, any such delay or failure shall no constitute a breach of the agreement. Upon demand of TDC or County, the Event Contractor mus furnish evidence of the causes of such delay or failure. County shall not pay for any services o activities, promotional or otherwise, connected with an event produced after the date(s) described it paragraph 1 and Scope of Services. 23. Governing LawNenue This agreement shall be governed by and construed it accordance with the laws of the State of Florida applicable to contracts made and to be performe( entirely in the State. In the event that any cause of action or administrative proceeding is instituted fo the enforcement or interpretation of the agreement, the County and Event Contractor agree that venuE Event Name: Destination Event: FY 2018 Contract ID #: 3 D.8.a 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 o rebroadcast, for any purpose whatsoever, radio, television, sound, video or film production, and stil photographs, paid by the TDC and County, and produced by the TDC agencies of record. 26. Logo Logo Usage guidelines are attached to this agreement as Exhibit B. Al r, promotional literature and display advertising must display the "Key West — Close to Perfect - Far From Normal" 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 competen jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby; an( 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 warrant: that: a) the Event Contractor's name in the agreement is the full name of the person /entity or corporatior as designated in its corporate charter, and b) they are empowered to act and execute the agreement fo the Event Contractor and c) this agreement has been approved by the Event Contractor's governin( board, as applicable to corporations. 29. Ethics Clause The Event Contractor warrants that it has not employed, retained o otherwise had act on its behalf, any former County officer or employee in violation of Section 2 o 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 agreemen without liability and may also, at its discretion, deduct from the agreement or purchase price, o 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 vendo list following a conviction for public entity crime may not submit a bid on a contract to provide any good: or services to a public entity, may not submit a bid on a contract with a public entity for the constructior 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 unde 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 dat( of being placed on the convicted vendor list. 31. Laws and Regulations Any and all services, materials and equipment shall comply full) with all Local, State and Federal laws and regulations. 32. Termination of Agreement County may terminate this agreement without cause b) providing written notice to Event Contractor, through its officer, agent or representative, no less thar sixty (60) days prior to the event and may terminate for breach upon providing to Event Contractor Event Name: Destination Event: FY 2018 Contract ID #: 12 D.B.a through its officer, agent or representative, written notice at least seven (7) days prior to the eTTective 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 refusa or non - acceptance of delivery. 33. Notice Any notice required or permitted under this agreement shall be in writing and hanc delivered, emailed or mailed, postage prepaid, to the other party by certified mail, returned receip requested to the following: For Grantee: For Grantor: Maxine Pacini Monroe County Tourist Development Council 1201 White Street, Suite 102 Key West, FL 33040 And 34. Miscellaneous interchangeably. Christine Limbert- Barrows, Asst. County Attorney P.O. Box 1026 Key West, FL 33041 -1026 As used herein, the terms "contract" and "agreement" shall be reac 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: Destination Event Contract ID #: FY 2018 5 IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first abov( written. (SEAL) Attest: Kevin Madok, Clerk Deputy Clerk Board of County Commissioners of Monroe County Mayor /Chairman Event Name: Destination Event Contract ID #: Organization By President Print Name Date: AND TWO WITNESSES (1) Print Name: Date: FY 2018 (2) Print Name: Date: D D.8.a EX Acceptable Event Marketing Expenses for Destination Events Only the TDC expenses listed below may be included in the proposed budget. A general non - allocate( line item is not to exceed 15% of the total budget and can only be utilized for acceptable TDC marketin( 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 Placeme & Production Costs Newspapers and magazines (inserts will also be considered) radio and TV. video, banners, The TDC will pay for the following digital advertising on websites, website links, pre rol 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. Radi( 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, b) the BOCC/TDC, in accordance with Florida Public Records Law, are owned by the BOCC /TDC and a: such may not be sold. Direct Mail Promotions Brochures, postcards and pamphlets including postage /shipping. This is 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 even program showing scheduled activities and information on the event, as outlined in contract budget. Public Relations (PR): Print and electronic public relations materials for distribution to media, such as but not limited to, press releases, public service announcements, photography and videography a: 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 fo reimbursement. Event Marketing Reimbursement: TDC will only consider reimbursement of permissible marketin( expenditures that highlight the special event versus the regular programming of a business, organizatior or the facility. Amendments to Contract Budgets: No amendments to the line item budgets will be permitted afte the contract has been reviewed and approved. Event Name: Destination Event: FY 2018 Contract ID #: 7 D.8.a EX Logo /Acknowledgement Usage Guidelines For District I 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 & 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' In- County Logo The logo below indicating the "Monroe County Tourist Development Council' designation is to be utilize( 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 rol 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 f loridci Kees Key\Vest Close To Per f ect - Far From Normal MON ROE COUNTY TOUKIST DEVECOPM ENT 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 emai blasts. Radio commercials should include "Brought to you by The Monroe County Tourist Developmen Council'. To seek approval, clarification and /or logo in electronic format (eps or jpg file), contact Ashle) Miller or John Underwood at Tinsley Advertising at 305 - 856 -6060. The Floridcj Keys Key\Vest Close To Perfect - Far From Normal Event Name: Destination Event: FY 2018 U) Contract ID #: 8 D.8.a EX DESTINATION EVENT BUDGET - FISCAL YEAR 2018 Applicant is advised prior to completing this budget to refer to Exhibit A of the Sample Contrac showing the Allowable Marketing Expenses. This can be found online at: http:// fl- monroeCounty .civicplus.com /index.aspx ?nid =328 THERE WILL BE NO AMENDMENTS TO THIS BUDGET (EXHIBIT C) AFTER BOCC APPROVAL OF AGREEMENT EVENT NAME MEDIA PLACEMENT & PRODUCTION COST: $ PROMOTIONAL SIGNS: $ PROMOTIONAL ITEMS: $ DIRECT MAIL PROMOTIONS: $ PROGRAMS $ PUBLIC RELATIONS: $ *GENERAL NON - ALLOCATED: $ TOTAL $ *The General Non - Allocated line item should not exceed 15% of the total funding allocation, and ma) 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 specia 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 cost: attributable to in- county placement. Event Name: Destination Event: FY 2018 Contract ID #: �s LU �a 9