FY2018 10/18/20170� .
Kevin Madok, CPA
Clerk of the Circuit Court & Comptroller — Monroe n Florida *oti,�eCO��• p oe County, o Itla
DATE: December 6, 2017
TO: Anunie Machan, Administrative Assistant
Tourist Development Council
FROM: Pamela G. Hanco .k; C.
SUBJECT: October 18th BOCC Meeting
Attached are electronic copies of the following items:
D10 District III Destination Event Agreements for Fiscal Year 2018, totaling $120,000.00: High
Five Dragon Boat, LLC, Battle in the Bay Dragon Boat Festival, in the amount of $10,000.00, June 2018;
Marathon Post No. 154, Inc., Coral Head Musicfest, in the amount of $10,000.00, February 2018; Hawk's
Cay Resort Sales, LLC, Heroes Salute Weekend, in the amount of $30,000.00, August -September 2018;
Island Colnlnunity. Church, Inc., Island Boat Show, in the amount of $10,000.00, January 2018; Greater
Marathon Chamber of Commerce, Inc., Marathon Seafood Festival, in the amount of $40,000.00, March
2018; and, Keys Area Interdenominational Resources, Inc., Sombrero Beach Run, in the amount of
$20,000.00, March 2018.
D 11 District IV Destination Event Agreements for Fiscal Year 2018, totaling $125,000.00:
Islalnorada Chamber of Commerce, Inc., 27"' Annual Florida Keys Island Fest, in the amount of
$20,000.00, March 2018; Conch Foundation of the Upper Keys, Inc., Conch Scramble "On The Water"
Golf Tournament, in the amount of $10,000.00, September 2018; Florida Key Poker Paddle, Inc., Florida
Keys Poker Paddle, in the amount of $10,000.00, September 2018; Islamorada Running Company, LLC,
` Islamorada Half Marathon & 1 OK, Beach N' Beer Mile, in the amount of $20,000.00, December 2018;
Mad Dog Mandich Fishing Classic, LLC, Mad Dog Mandich Fishing Classic, in the amount of
$10,000.00, October 2018; Mote Marine Laboratory, Inc., Mote's 2"d Annual Islalnorada Ocean Fest: A
Community Celebration, in the amount of $10,000.00, October 2018; and, Friends of the Pool, Inc., Swim
for Alligator Lighthouse, in the amount of $25,000.00, September 2018.
D 13 Multiple District Destination Event Agreements for Fiscal Year 2018, totaling
$140,000.00: Key Largo Merchants Association, Inc., Uncorked — Key Largo & Islamorada Food &
Wine Festival, in the amount of $40,000.00, January 2018, DAC V, IV; Key West Half Marathon, LLC,
20"' Key West Half Marathon & 5K Run, in the amount of $55,000.00, January 2018, DAC I, II; and, Key
West Tourist Development Association, Inc., Fantasy Fest, in the amount of $45,000.00, October 2018,
DAC II, III.
Should you have any questions, please feel free to contact nie at ext. 3130. Thank you.
CC: County Attorney w/o docunlellts
1' lllallce
1' lle
KEY WEST
500 Whitehead Street
Key West, Florida 33040
305-294-4641
MARATHON
3117 Overseas Highway
Marathon, Florida 33050
305-289-6027
PLANTATION KEY PK/ROTH BUILDING
88820 Overseas Highway 50 High Point Road
Plantation Key, Florida 33070 Plantation Key, Florida 33070
305-852-7145 305-852-7145
Destination Event Agreement
. THIS -Agreement. is made and entered- into by and- between Monroe County, Florida, a .political .
yfj.v!syi on of the State of Florida (County), and Marathon Post No.1.54,:Inc. (Event Contractor) on this:aof 2017.
ITN W ESSETH::
In consideration of the mutual: covenants contained herein,. the parties agree as follows::
1:: The County agrees to pay up .to. $1.0,0.00 :(Ten Thousand Dollars .- Monroe_County Tourist
Development Council TDC District III Funding. Allocation) -for Coral Head Musicfest in February.2018,'
from tourist development tax funds (see Exhibit C). Of this_amount, .no .more than 10%'or $1,000 of the
total allocated :funds. shall be expended .on advertising media costs attributable. to in -county. placement:
The general non4llocated section of. an ;event budget shall not exceed .15% -of the total- budget .
and may be. utilized for unforeseen: permissible.: expenditures and for those budget lines that may..
require additional :funds... No amendments shall be made to Exhibit. C after approval (if. contract:
A list of.Acceptable-Event Marketing Expenses is :attached.to the agreement as Exhibit A:
2. Scooe of Services:: The Event Contractor agrees to provide the County with. an.event as
specified below:
a)'A one (1) day.music festival to include live, musical entertainment and -food and merchandise
vendors
PProved b
.3. Event Budget: :Exhibit C. attached hereto shall be reviewed and a y t he. TDC
Agencies of record.
4... Invoicind: Event Contractor.agrees to :submit all -invoices :and support documentation as
required by the Cournty's Finance Department rules and policies no later than April_ 29, 2018 unless the
date of the, event is amended upon approval -.of the Advisory Committee ' and . TDC Director:. Event
Contractor shall not be reimbursed not will Event Contractor's Vendors be paid directly for any invoices
received by the County after April 29, 2018 unless the date -of the event: is .amended upon approval of
the Advisory, Committee 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 showi . that the items. were paid for directly 'by the same entity named on. the contractwith the
County. For; cladfication .on,reimbursements, please refer to the -reimbursement packet provided to:you- - ..
upon. execution of your funding agreement:
- 5. : Expiration of Agreement: This agreement expires on _April 29, 2018 unless the date of the
event is -amended upon approval *of the Advisory Committee 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.
6. - Duties of Event Contractor: Event Contractor shall provide promotion and related services
as described in: paragraph .2 Scope, of Services, and outlined in. Exhibit C (Event Budget).. All
Event Name: Coral Head Musicfest
Destination Event: FY 2018;
Contract ID#: 1953
1
advertising and public relations services or supervision of 'advertising and public relations will be
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 agents.
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 said
contract other than stated above require approval by the Advisory Committee, TDC and the County.
9. . 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.
10. 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 terns by .the Event Contractor.
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 containthe reason for the canGellation: If the
event does not. take place for any. reason under control of Event Contractor except .for those. reasons in .
paragraph 22, then Event Contractor agrees to refund to the County any. amounts already paid to them
underthisagreement, and relieve the County from any further payments.
12:: Claims and \Jenue:. 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.
13. 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 attomey's- fees) which arise .out of,Jn 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 the County or its
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 :any
commercial liability insurance coverage, self-insurance coverage, or local government liability: insurance
pool coverage shall not be deemed a waiver of immunity ao the extent of liability coverage, nor shall any
contract entered into by the County be required to contain :any provision for waiver.
Event Name: Coral Head Musicfest
Destination Event: FY 2018
Contract ID#: 1953
I
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 :Sales
Tax,. but this in no way exempts the Event Contractorfrom applicable Federal and State taxes.
17. Finance Charges: The Coun. ty and TDC shall not be responsible for any finance charges.
18. Relation of CountyrrDC:. It is the: intent of the parties hereto that the. Event- Contractor
shallbe legally considered as an independent Event Contractor and that -neither it nor its employees
shall, under any circumstances, be considered employees, servants or agents of: the 'County .andTDC
and the. County and, TDC shall at no time be legally.responsibie_for any negligence: on. the. part of said
..Event. Contractor, .itsemployees 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 a.11 potential- conflicts of
interest, as defined :by Florida:Statutes Chapter 1 12'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'sinterest which may conflict with the interestof the -County and
TDC.
20.: Assignment: The Event Contractor shag 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 to.
execute:such agreement to any person, company or corporation without prior consent of the.Cbunty.
21.. Compliance with. Laws - Nondiscrimination: The Event Contractor, shall. comply with all
-Local, State. and Federal laws, -regulations :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.
22. Force Maieure: The Event Contractor shall 'not be liable. for delay. in performance or failure
to perform in whole .or in part, the services due to .the occurrence of any contingency beyond its control
or the control of any of its subcontractors orsuppliers; including labor dispute, strike, labor shortage, war
or act of .war whether an actual declaration thereof. if made or not, insurrection, sabotage, riot or: civil
commotion, act of public enemy, epidemic, quarantine restriction, accident, fire, explosion,. storm, flood, .
drought or other act -of God, act of any govemmental authority,. jurisdictional:action; or insufficient supply
of fuel; electricity, .or materials or supplies, or technical failure where the Event.Contractor has exercised
reasonable care in the.prevention or mitigation of damages and delay; any such delay orfailure shall not
constitute :a- breach. of the agreement. Upon . demand of .TDC or County,: the Event.. Contractor: must
furnish evidence -of the causes of such delay- or". failure. County shall not. pay .for any _ services _or
activities, promotional or otherwise, connected with 'an event produced after. the. date(g) described in
paragraph 1 and Scope of Services:
23: Govemina :LawNenue: This agreement shall be .governed by anl: 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
Event: Name:- Coral:Head Musicfest
Destination Event: FY 2018.
Contract IDM-1953
3. .
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.
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 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.
26. Logo: Logo Usage guidelines, are attached: to. this contract as Exhibit.- B:. All
promotional, literature and display advertising must display the "The Florida Keys Marath.
logottrademark (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 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.
28. Autho& 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 personlentity 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. 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 of
Ordinance No. 10-199.0 or any County officer or -employee in violation of Section 3 of Ordinance No.' 10=
1980: 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 considerationpaid to the.
former or present County officer or employee.
30.. 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 constriction
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.
- 31. Laws and Regulations: Any and all services, materials and equipment shall:.comply fully .
with all Local, State and Federal laws and regulations.
32. 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
Event Name: Coral Head Musicfest_
Destination Event: FY 2018
Contract ID#: 1953
4
IN WITNESS I THEREOF, the parties hereto have executed this agreement the day and year first above
a r -(SEAL] Board of County Commissioners
� ; .Attes6Kevin Madok,.Clerk of Monroe County
.. ?f ) •' ?j -.d, Aar - :.. .. .. -
P Z
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Deputy Clerk ayor/Ch iiirman
Marathon Post No. 54, Inc.
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Pnnt Name Cl)
Date: 40A -�.
�►ND 'TiW Wl iNES"SES
Print Name: dub?, M - Jo.'? Sv4 Print Name: �� �►'Y`�1.1 � C���, ,J
�0 1 L Date: 1CA C1
MONROE COUNTY ATTORNEY
APPROVED AS TO -FOR
Event Name: Coral Head Musicfest IMBER 4n
By
P4
Destination Event: FY 2018 CHRISTINE LIMBERT-BARROWS .
ASSISTANT COUNTY ATTORNEY
Contract ID#: 1953 r�ATE: Ii
6
EXHIBIT A
Accebtable Event Marketing Expenses for Destination Events
Only the TDC expenses listed below may be included in the proposed budget. A general non -allocated
line item is not to exceed 15% of the total budget and can only be utilized for acceptable TDC.marketing
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 Placement St 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 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, by.
the BOCC/TDC, 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%) of the.cost of production and 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.
Event Marketing . Reimbursement TDC will only consider reimbursement of permissible marketing
expenditures that highlight the special event versus the regular programming of a business, organization
or the facility.
Amendments to. Contract Budgets: No amendments to the line item budgets will be permitted after
the contract has been reviewed and approved.
Event Name: Coral Head Musicfest
Destination Event: FY 2018
Contract ID#: 1953
7-
EXHIBIT B
Lono/Acknowled4ement Usaoe Guidelines For District III Destination Evenffi
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 f shirts: mustcarry the "The Florida Keys,- Marathon" Out -of -County logo
Radio Advertising: No logo is required., AII. radio announcements must say "Brought to you by the .
Monroe County Tourist Development Council"
In-County.Loao
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, webske .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 Ashley: Miller or John Underwood with Tinsley Advertising at 305-856-
6060.
M..TheKeys
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MoNRMCOUWYTMK19MVPlDMW000N L
Out -of -County Lono
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, websb links; pre roll video; banners, mobile.:and email
blasts. Radio commercials should include"B . rought 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 at Tinsley Advertising at 305-856-6060.
MTh Flondan Keys
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Event Name: Coral Head Musicfest
Destination Event: FY 2018
Contract lD#: 1953
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