Item D12M
C ounty of f Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor George Neugent, District 2
The Florida. Ke Se
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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.12
Agenda Item Summary #3439
BULK ITEM: Yes DEPARTMENT: Tourist Development Council
TIME APPROXIMATE: STAFF CONTACT: Ammie Machan (305) 296 -1552
N/A
AGENDA ITEM WORDING: Approval of District V Destination Event Agreements for FY 2018
as per attached spreadsheet totaling $55,000
ITEM BACKGROUND: In order to reduce the vast quantity of paperwork, we request your
approval of the District V 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 V agreement is provided for your information.
DAC V approved same at their meeting of August 1, 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 V Destination Events Summary Sheet and Boilerplate Agreement
FINANCIAL IMPACT:
See attached summary list for line itme numbers
I to] WTI i X1171"
Maxine Pacini
Completed
09/28/2017 9:59 AM
Christine Limbert
Completed
10/02/2017 12:24 PM
Budget and Finance
Completed
10/02/2017 12:41 PM
Maria Slavik
Completed
10/03/2017 7:40 AM
Kathy Peters
Completed
10/03/2017 6:14 PM
Board of County Commissioners
Pending
10/18/2017 9:00 AM
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DAC V 2018 Event Funding Allocations
ID
Event name
Organization
Funds allocated
Event Date
Line Item Number
Expiration Date
1997
JimmyJohnson's National
Cl Management Group Inc.
$25,000.00
March 2018
121 71030 530340 TS81 834 X 530340
Championship Fishing Week
May 30, 2018
1994
Key Largo Brew on the Bay
Rotary Club of Key Largo Charitable Events,
$15,000.00
January 2018
115 75630 530340 TS85 786 X 530340
Inc.
April 1, 2018
1996
REEF Fest 2018
Reef Environmental Education Foundation
$15,000.00
September 2018
115 75630 530340 TS85 879 X 530340
Incorporated
November 29, 2018
Totald $55,000.001
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Packet Pg. 1301
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:
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1. The County agrees to pay up to $ ( Dollars — Monroe County •=
Tourist Development Council TDC District V Funding Allocation) for Event Name on Event Date, from .s
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 0
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 of contract
A list of Acceptable Event Marketing Expenses is attached to the agreement as Exhibit A.
2. Scope of Services The Event Contractor agrees to provide the County with an event a:
specified below:
(Insert)
3. Event Budget: Exhibit C attached hereto shall be reviewed and approved by the TDC
Agencies of record.
4. Invoicing Event Contractor agrees to submit all invoices and support documentation 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 I D #:
D.12.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 ma) 7
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. LU
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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. E
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 22, then Event Contractor agrees to refund to the County any amounts already paid to them
under this agreement, and relieve the County from any further payments.
12. Claims and Venue Event Contractor agrees to notify County immediately of any 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 act of omission of the County or it:
agents.
14. Non - Waiver of Immunity Notwithstanding the provisions of Sec. 768.28, Florida Statutes
the participation of the Event Contractor and the County in this Agreement and the acquisition of an)
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, nor shall an)
contract entered into by the County be required to contain any provision for waiver.
Event Name:
Destination Event: FY 2018
Contract I D #:
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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.
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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: LU
shall, under any circumstances, be considered employees, servants or agents of the County and TDC �
and the County and TDC shall at no time be legally responsible for any negligence on the part of 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 I D #:
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D.12.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 7
photographs, paid by the TDC and County, and produced by the TDC agencies of record.
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26. Logo Logo Usage guidelines are attached to this contract as Exhibit B. Al
promotional literature and display advertising must display the "The Florida Keys — Key Largo
logo /trademark (as per attached logo sample). This logo /trademark was adopted by the TDC an(
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 governinc
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 office 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 datE
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 I D #:
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D.12.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: z
For Grantee: LU
For Grantor: Maxine Pacini
Monroe County Tourist Development Council
1201 White Street, Suite 102
Key West, FL 33040 >
And
Christine Limbert- Barrows, Asst. County Attorney
P.O. Box 1026
Key West, FL 33041 -1026
34. Miscellaneous
interchangeably.
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 I D #:
FY 2018
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IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first abovE
written.
(SEAL)
Attest: Kevin Madok, Clerk
Deputy Clerk
Board of County Commissioners
of Monroe County
Mayor /Chairman
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Event Name:
Destination Event
Contract I D #:
Organization
By
President
Print Name
Date:
AND TWO WITNESSES
(1)
Print Name:
Date:
FY 2018
(2)
Print Name:
Date:
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D.12.a
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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
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Contract I D #:
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Logo /Acknowledgement Usage Guidelines For District V 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 Largo" 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 Florida Keys
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MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
Out -of- County Logo
The logo below that does NOT include the "Monroe County Tourist Development Council' designation is
to be utilized in out -of- county newspapers and magazines, brochures, postcards, pamphlets, programs
posters and digital advertising on websites, website links, pre roll video, banners, mobile and 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.
KeyL6
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Event Name:
Destination Event: FY 2018
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Contract I D #:
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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 I D #:
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