Item D20BOARD OF COUNTY COMMISSIONERS
County of Monroe A
Mayor Heather Carruthers, District 3
( T$ne Florida Keys (, Mayor Pro Tem George Neugent, District 2
t� ) ��` ��
�' Danny L. Kolhage, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
October 19, 2016
Agenda Item Number: D 20
Agenda Item Summary #2116
BULK ITEM: Yes DEPARTMENT: Tourist Development Council
TIME APPROXIMATE: STAFF CONTACT: Ammie Machan (305) 296-1552
N/A
AGENDA ITEM WORDING: Approval of DAC III Destination Event Agreements for FY 2017
as per attached spreadsheet totaling $150,000
ITEM BACKGROUND: In order to reduce the vast quantity of paperwork we request your
approval of the DAC III 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 DAC III agreement is provided for your information.
DAC III approved same at their meeting of August 3, 2016
TDC approved same at their meeting of September 20, 2016
PREVIOUS RELEVANT BOCC ACTION: The BOCC approved the Request for Applications
for FY 217 Destination and Turnkey Event Funding Applications at their meeting of February 10,
2016.
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:
DAC III Destination Event Summary Sheet and Boilerplate Agreement
FINANCIAL IMPACT:
Effective Date: October 19, 2016
Expiration Date: See attached list
Total Dollar Value of Contract: $150,000
Total Cost to County: No Cost to County
Current Year Portion: $150,000
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 list of Line Itme Numbers
REVIEWED BY:
Maxine Pacini
Completed
09/23/2016 10:52 AM
Christine Limbert
Completed
09/23/2016 1:46 PM
Budget and Finance
Completed
09/23/2016 1:51 PM
Maria Slavik
Completed
09/23/2016 2:29 PM
Kathy Peters
Completed
09/23/2016 2:44 PM
Board of County Commissioners
Pending
10/19/2016 9:00 AM
DAC III Destiantion Event Summary Sheet
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1804
Battle in the Bay Dragon Boat Festival
High Five Dragon Boat, LLC
$10,000.00
May 2017
115 75360 530340 TM75 687 X 530340
July 30, 2017
1839
Fantasy Fest
Key West Tourist Development Association, Inc.
$30,000.00
October 2017
119 79030 530340 TS79 148 X 530340
December 30, 2017
1808
1 Heroes Salute Weekend
Hawk's Cay Resort Sales LLC
$30,000.00
September 2017
115 75360 530340 TM75 784 X 530340
November 29, 2017
1805
Original Marathon Seafood Festival
Greater Marathon Chamber of Commerce, Inc.
$40,000.00
March 2017
115 75360 530340 TM75 453 X 530340
May 30, 2017
1806
Sombrero Beach Run
Keys Area Interdenominational Resources, Inc.
$20,000.00
March 2017
115 j75360 j530340 jTM75 651 jX j530340
May 30, 2017
1807
Taste of the Islands
Marathon BPW Foundation, Inc.
$20,000.00
November 2017
115 75360 530340 TM75 914 X 530340
119 79030 530340 TS79 914 X 530340
January 29, 2018
Total:
$150,000.00
I
M
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
, 2016.
WITNESSETH:
In consideration of the mutual covenants contained herein, the parties agree as follows:
1. The County agrees to pay up to $ ( Dollars — Monroe Count)
Tourist Development Council TDC District III Funding Allocation) for Event Name on Event Date, fron
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 151%0 of the total budge
and may be utilized or umore een permissible expenditures and for= those budget lines that ma
require additional unds. No amendments shall be made to Exhibit C after approval of contract
A list of Acceptable Event Marketing eting 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 2017
Contract ID#:
D.20.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.
0
8. Modification: The event name, time & date of the event and Schedule of Activities ma)
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.
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.
U)
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, tc
terminate this agreement for any misfeasance, malfeasance or nonperformance of the agreement term:
or negligent performance of the agreement terms 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 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 then
under this agreement, and relieve the County from any further payments. am
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, ani
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 16t" Judicial Circuit for Monroe County; venue shall be in Monroe County
Florida.
13. Indemnification and Hold Harmless: The Event Contractor covenants and agrees tc
indemnify and hold harmless and defend Monroe County, its officers, employees and agents includinc
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 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 am
commercial liability insurance coverage, self-insurance coverage, or local government liability insuranc(
pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall am
contract entered into by the County be required to contain any provision for waiver.
Event Name:
Destination Event: FY 2017
Contract ID#:
2
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.
0
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
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 otherwis(
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 wort
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 and 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 Law/Venue: 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
Event Name:
Destination Event: FY 2017
Contract ID#:
3
D.20.a
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.
0
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 R
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. Al
promotional literature and display advertising must display the "The Florida Keys - Marathon
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 competes
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 as designated in its corporat(
charter, and b) they are empowered to act and execute the agreement for the Event Contractor and c
this agreement has been approved by the Event Contractor's governing board.
29. 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 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 Char
sixty (60) days prior to the event and may terminate for breach upon providing to Event Contractor
Event Name:
Destination Event: FY 2017
Contract ID#:
12
D.20.a
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 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
Christine Lim bert-Barrows, Asst. County Attorney
P.O. Box 1026
Key West, FL 33041-1026 y
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 entir(
agreement between the County and Event Contractor.
Event Name:
Destination Event
Contract ID#:
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
FY 2017
5
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first abov(
written.
(SEAL)
Attest: Amy Heavilin, Clerk
Deputy Clerk
Organization
By
President
Print Name
Date:
AND TWO WITNESSES
(1)
Print Name:
Date:
Event Name:
Destination Event
Contract ID#:
FY 2017
Board of County Commissioners
of Monroe County
Mayor/Chairman
(2)
Print Name:
Date:
0
D.20.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 marketinc
items listed in this section. There cannot be more than a 10% deviation from the approved line iten
budget. The following are the only acceptable expenses:
Media Placement & 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 th(
Monroe County Tourist Development Council". No more than 10% of the total allocated funds shall b(
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 marketinc
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 2017
Contract ID#:
7
D.20.a
EX
Logo/Acknowledgement Usage Guidelines For District III 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 - Marathon" 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 utilizes
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.
rho l brick Keys
0*0% C, (11
MONROE COUNTY TOURIST DEVELOPMENT COUNCI
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.
dd bays
dr8ih6n
Event Name:
Destination Event: FY 2017
Contract ID#:
8
D.20.a
EX
DESTINATION EVENT BUDGET - FISCAL YEAR 2017
Applicant is advised prior to completing this budget to reffer to Exhibit A o the Sample Contrac
showing the Allowable Marketing Expenses. This can be found online at:
'THERE WILL BE NO AMENDMENTS T THIS GET (EXHIBIT ) 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 1% 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 1% of the total allocated funds on advertising media cost:
attributable to in -county placement.
Event Name:
Destination Event: FY 2017
Contract ID#:
9