FY2019 10/17/2018 _ GJR COURTQC1�
Kevin Madok, CPA
•P
C ' ;''' Clerk of the Circuit Court & Comptroller — Monroe County, Florida
DATE: October 25, 2018
TO: Ammie Machan, Administrative Assistant
Tourist Development Council
I
FROM: Pamela G. Harsco fl) .C.
SUBJECT: October 17 BOCC Meeting/Item E21
Attached are electronic copies of the following District I Destination Event Agreements for
Fiscal Year 2019: Conch Republic Independence Celebration, LLC, Conch Republic
Independence Celebration, April 2019, in the amount of $10,000.00; Florida Keys Community
College and the Letters "FKCC ", FKCC Swim Around Key West, Open Water Swim and Swim
Meets, June - September 2019, in the amount of $10,000.00; Hemingway Sunset Run &
Paddleboard, LLC, Hemingway 5K Sunset Run & Paddleboard Race, July 2019, in the amount of
$10,000.00; International Women's Flag Football Association, Inc., 28 Annual Kelly McGillis
Classic, January 2019, in the amount $10,000.00; Monroe County Commercial Fishermen, Inc.,
14 Annual Florida Keys Seafood Festival, January 2019, in the amount of $10,000.00; The Key
Lime Festival, Key Lime Festival, July 2019, in the amount of $10,000.00; Dolce Events, LLC,
Key West Food and Wine Festival, January 2019, in the amount of $17,000.00; The Lodging
Association of the Florida Keys and Key West, Key West Holiday Fest, December 2019, in the
amount of $35,000.00; Mote Marine Laboratory, Inc., Mote's 9 Annual Key West Ocean Fest,
April 2019, in the amount of $10,000.00; Lazy Dog Adventures, LLC, Key West Paddle Classic,
May 2019, in the amount of $10,000.00; Key West Business Guild, Inc., Key West Pride 2019,
June 2019, in the amount of $35,000.00; Multirace LLC, Key West Triathlon (TRIKW),
December 2019, in the amount of $17,000.00; Key West Yoga and Wellness Fest, LLC, Key
West Yoga & Wellness Fest, April 2019, in the amount of $10,000.00; Bourbon Street Pub, Inc.,
New Year's Eve Shoe Drop, December 2019, in the amount of $17,000.00; Old Island
Restoration Foundation, Inc., Old Island Restoration's 60 Anniversary, November - December
2019, in the amount of $10,000.00; Key West Art and Historical Society, Inc., Papio Kinetic
Sculpture Parade, May 2019, in the amount of $10,000.00; Multirace LLC, Southernmost
Marathon Half 5K, October 2019, in the amount of $17,000.00; Special Olympics Florida, Inc.,
SUP Invitational Benefitting Special Olympics Monroe County, October 2019, in the amount of
$10,000.00; TSR Adventures, Inc., The SMART Ride, November 2019, in the amount of
$17,000.00; Key West Business Guild, Inc., Tropical Heat 2019, August 2019, in the amount of
$17,000.00; Key West Business Guild, Inc., Womenfest 2019, September 2019, in the amount of
$25,000.00.
Should you have any questions, please feel free to contact me at ext. 3130. Thank you.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 Plantation Key, Florida 33070
305 - 294 -4641 305 - 289 -6027 305- 852 -7145 305 - 852 -7145
Destination Event Agreement
THIS Agreement is made and entered into by and between Monroe County, Florida, a political
subdivision of the State of Florida (County), and TSR Adventures, Inc. (Event Contractor) on this /7
day of OCAVb& , 2018.
WHEREAS, The District Advisory Committee (DAC) has recommended to the Monroe County
Tourist Development Council (TDC), which has endorsed the recommendation, that certain monies be
allocated for promotion of an event by Event Contractors; and
WHEREAS, the DAC recommends allocation of funds for the The SMART Ride in November 2019.
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as
follows:
1. The County agrees to pay up to $17,000 (Seventeen Thousand Dollars — Monroe County
Tourist Development Council (TDC) District I Funding Allocation) for The SMART Ride in November
2019, from tourist development tax funds (see Exhibit C). Of this amount, no more than 10% or $1,700
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 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 of agreement. 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 as
specified below:
a) A two (2) day bike ride from Miami to Key West; evening party; sunset sail
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 supporting documentation as
required by the County's Finance Department rules and policies no later than January 29, 2020 unless
the date of the event is amended upon approval of the Advisory Committee and TDC Director. Event
Contractor shall not be reimbursed nor will Event Contractor's vendors be paid directly for any invoices
received by the County after January 29, 2020 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 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 you upon execution of your funding agreement.
5. Expiration of Agreement: This agreement expires on January 29, 2020 unless the date of
the event is amended upon approval of the District Advisory Committee (DAC) and TDC Director and
Event Name: The SMART Ride
Destination Event: FY 2019
Contract ID #: 2228 -
1
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
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 DAC and TDC Director. Any changes to said contract other than
stated above require approval by the DAC, 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 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 in
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 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 3406 North Roosevelt Boulevard Corporation d /b /a 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 its agents.
Event Name: The SMART Ride
Destination Event: FY. 2019
Contract ID #: 2228
2
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 to the extent of liability coverage, nor shall any
contract entered into by the County be required to contain any provision for waiver.
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 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 Contractor
shall be 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 and TDC
and the County and TDC shall at no time be legally responsible for any negligence on the part of said
Event Contractor, its employees or agents, resulting in either bodily or personal injury or property
damage to any individual, firm or corporation.
19. Disclosure: The Event Contractor shall be required to list any or all potential conflicts of
interest, as defined by Florida Statutes Chapter 112 and Monroe County Code. The Event Contractor
shall disclose to the County and TDC all actual or proposed conflicts of interest, financial or otherwise,
direct or indirect, involving any client's interest which may conflict with the interest of the County and
TDC.
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 to
execute such agreement to any person, company or corporation without prior written consent of the
County.
21. Compliance with Laws - Nondiscrimination: County and Event Contractor agree that there
will be no discrimination against any person, and it is expressly understood that upon a determination by
a court of competent jurisdiction that discrimination has occurred, this Agreement automatically
terminates without any further action on the part of any party, effective the date of the court order.
County or Event Contractor agree to comply with all Federal and Florida statutes, and all local
ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI
of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the basis of race, color or
national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681 -1683,
and 1685 - 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation
Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4)
The Age Discrimination Act of 1975, as amended (42 USC ss. 6101 -6107) which prohibits discrimination,
on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended,
relating to nondiscrimination on the basis of drug abuse; : 6) The Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 -616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912,
ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee -3), as amended, relating to confidentiality of alcohol
Event Name: The SMART Ride
Destination Event: FY 2019
Contract ID #: 2228
3
and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to,
nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which
prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual
orientation, gender identity or expression, familial status or age; 11) any other nondiscrimination
provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of,
this Agreement.
22. Force Majeure: 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 or suppliers, 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 governmental 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 or failure 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(s) described in
paragraph 1 and Scope of Services.
23. Governing Law/Venue: This agreement shall be governed by and construed in
accordance with the laws of the State of Florida applicable to contracts made and to be performed
entirely in the State. In the event that any cause of action or administrative proceeding is instituted for
the enforcement or interpretation of the agreement, the County and Event Contractor agree that venue
shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida.
This agreement shall not be subject to arbitration.
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 agreement as Exhibit . B. " All
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. Severabilitv: 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. Authority: Each of the signatories for the Event Contractor below certifies and warrants
that: a) the Event Contractor's name in the agreement is the full name of the person /entity -or corporation
as designated in its corporate charter, and b) they are empowered to act and execute the agreement for
Event Name: The SMART Ride
Destination Event: FY 2019
Contract ID #: 2228
4
the Event Contractor and c) this agreement has been approved by the Event Contractor's governing
board, as applicable to corporations or other appropriate authority.
29. Ethics Clause: The Event Contractor warrants that it has not employed, retained or
otherwise had act on its behalf, any former County officer or employee in violation of Section 2 of
Ordinance No. 10 -1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-
1990. For breach or violation of the provision the County may, at its discretion terminate this agreement
without liability and may also, at its discretion, deduct from the agreement or purchase price, or
otherwise recover, the full amount of any fee, commission, percentage, gift or consideration paid to the
former or present County officer or employee.
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 construction
or repair of a public building or public work, may not submit bids on leases of real property to public
entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under
a contract with any public entity, and may not transact business with any public entity in excess of the
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
sixty (60) days prior to the event and may terminate for breach upon providing to Event Contractor,
through its officer, agent or representative, written notice at least seven (7) days prior to the effective
date of the termination. Notice is deemed received by Event Contractor when hand delivered, delivered
by national courier with proof of delivery, or by U.S. mail upon verified receipt or upon the date of refusal
or non - acceptance of delivery.
33. Notice: Any notice required or permitted under this agreement shall be in writing and hand
delivered, emailed or mailed, postage prepaid, to the other party by certified mail, returned receipt
requested to the following:
For Grantee: Glen Weinzimer
TSR Adventures, Inc.
4708 Monroe Street
Hollywood, FL 33021
For Grantor: Maxine Pacini
Monroe County Tourist Development Council
1201 White Street, Suite 102
Key West, FL 33040
Event Name: The SMART Ride
Destination Event: FY 2019
Contract ID #: 2228
5
And
Christine Limbert- Barrows, Asst. County Attorney
P.O. Box.1026
Key West, FL 33041 -1026
34. Miscellaneous: As used herein, the terms "contract" and "agreement" shall be read
interchangeably.
35. Entire Agreement: The parties agree that the agreement above constitutes the entire
agreement between the County and Event Contractor.
Event Name: The SMART Ride
Destination Event: FY 2019
Contract ID #: 2228
6
IN WIT „1 OF, the parties hereto have executed this agreement the day and year first above
writte ', ' 1� \ \ 1,
Yi �R�6`\!\ � ,5C,l
a (stAL Board of County Commissioners
14 ° Ve '',9 • - ; adok, Clerk of Monroe County
k i-i,V.01 ` \\ spa
6
Deputy Clerk Mayor /Chairman
MONROE COUNTY ATTORNEY
I ri• s r D ,�' FORM:
lr,. A AO
CHRISTINE LIMBERT- BARROWS
ASSISTANT ORNEY
TSR Adventures, inc. DATE:
By ilfd d
Pre ' nt
Jo Aid R0047 K / cp F."
Print Name car• —:' r:)
rft m
rte ' rV "c;
Date: q /AD //8
0 ' .,r ` .
MM Nf3 TWC3 SES ' .."' ' SP : 2
(1 ( AZ ,
P nt Name: 67Ler, uJ. -e ., vY•ell , Print Name: n 14 S riafter
Date: 9 / a Date: 6
Event Name: The SMART Ride
Destination Event: FY 2019
Contract lD #: 2228
7
EXHIBIT A
Acceptable 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 & 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, social media promoted posts, and email blasts. Digital advertising links may go
to the event website. The TDC Logo must be placed on all print, TV, websites, social media promoted
posts, 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 (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 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: The SMART Ride
Destination Event: FY 2019
Contract ID #: 2228
8
•
EXHIBIT B
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 utilized
on in- county print newspaper and magazine ads, brochures, postcards, pamphlets., programs, posters,
banners (hanging and displayed outdoors), and digital advertising on websites, website links, pre roll
video, banners, mobile and email blasts. Radio commercials should include "Brought to you by The
Monroe County Tourist Development Council ". To seek approval, clarification and /or logo in electronic
format (eps or jpg file), contact Danielle Salman or John Underwood with Tinsley Advertising at 305 -856-
606.0.
The Florida Keys
K eyVest
Close To Perfect - Far From Normal
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
Out -of- Countv 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, social media promoted posts,
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 Danielle Salman. or John Underwood at Tinsley Advertising at 305 - 856 -6060.
The Florida Keys
Ke
Close To Perfect - Far From Normal
Event Name: The SMART Ride
Destination Event: FY 2019
Contract ID #: 2228
9
EXHIBIT C
DESTINATION EVENT BUDGET - FISCAL YEAR 2019
Applicant is advised prior to completing this budget to refer to Exhibit A of the Sample
Contract showing the Allowable Marketing Expenses. This can be found online at:
http: / /www. monroecounty- fl.gov /DocumentCenterNiew/ 13418 /Sample- Destination - Event - Agreement
THERE WILL BE NO AMENDMENTS TO THIS BUDGET {EXHIBIT C} AFTER BOCC APPROVAL OF AGREEMENT
The SMART Ride
EVENT NAME
MEDIA PLACEMENT & PRODUCTION COST: $16,000
PROMOTIONAL SIGNS:
PROMOTIONAL ITEMS: $500
DIRECT MAIL PROMOTIONS:
PROGRAMS
PUBLIC RELATIONS:
*GENERAL NON - ALLOCATED: $500
TOTAL $17,000
*The General Non - Allocated line item should not exceed 15% of the total funding allocation, and may
only be utilized for acceptable event marketing expenses (see Exhibit A of application).
Actual expenditures may deviate no more than 10% from the budgeted line items noted above.
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.
The County shall pay no more than 10% of the total allocated funds on advertising media costs
attributable to in- county placement.