Item E35lrl
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BOARD OF COUNTY COMMISSIONERS
Mayor David Rice, District 4
Mayor Pro Tem Sylvia J. Murphy, District 5
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IleOI1da Keys
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Danny L. Kolhage, District 1
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George Neugenf District 2
Heather Carruthers, District 3
County Commission Meeting
October 17, 2018
Agenda Item Number: E.35
Agenda Item Summary #4806
BULK ITEM: Yes DEPARTMENT: Tourist Development Council
TIME APPROXIMATE: STAFF CONTACT: Ammie Machan (305) 296 -1552
N/A
AGENDA ITEM WORDING: Approval to rescind cancelled FY 2018 Fishing and Destination
Agreements as per attached summary sheet.
ITEM BACKGROUND: Approval is requested to rescind the Fishing and Event Agreements on
the attached summary sheet as the events have been cancelled and original Agreements were not
executed. A boilerplate Destination Agreement with DAC I and IV Logos and a boilerplate Fishing
Event Agreement are attached for your information.
PREVIOUS RELEVANT BOCC ACTION: BOCC approved original agreements at their meeting
of October 18, 2018
CONTRACT /AGREEMENT CHANGES:
Rescind Agreements
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Rescind Agreements Summary Sheet, Boilerplate Destination Agreement with DAC I and IV Logo
and Boilerplate Fishing Agreement
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
See attached Summary Sheet
REVIEWED BY:
Maxine Pacini
Completed
10/01/2018 4:17 PM
Christine Limbert
Completed
10/01/2018 4:35 PM
Budget and Finance
Completed
10/01/2018 4:45 PM
Maria Slavik
Completed
10/01/2018 4:47 PM
Kathy Peters
Completed
10/03/2018 11:52 AM
Board of County Commissioners
Pending
10/17/2018 9:00 AM
E.35.a
Destination Events
BOCC Item
BOCC Item
(10/18/17) !
ID
Event Name
Organization
Funds Allocz
Event Date
District
Line Item Number
(10/18/17)
ID
Event Name
Organization
Funds Allocz
Event Date
District
Line Item Number
Expiration Date'
May 30, 2018
P1 AquaX Key West World
Powerboat P1
December
D.8
1982
$35,000.00
1
117 77030 530340 TS87 911 'X 530340
March 1, 2019
Championships
(USA) LLC
2018
P1 Islamorada Grand Prix, Presented by
Powerboat P1
August
D.11
1999
$20,000.00
IV
120 70030 530340 TS80 915 'X 530340
October 30, 2018
Mercury Racing
(USA) LLC
1 2018
Fishing Event
BOCC Item
(10/18/17) !
ID
Event Name
Organization
Funds Allocz
Event Date
District
Line Item Number
Expiration Date
D.17
1894
Outdoor Channel Shark Tournament
Rob Fordyce
$5,000
March 2018
1
115 75022 530340 TF85 926 ',X 530480
May 30, 2018
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:
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 ID #:
1
E.35.a
advertising and public relations services or supervision of advertising and public relations will e
provided through the contracted agencies of the TDC and County.
7. Accounting and Records Event Contractor shall maintain records pursuant to generally
accepted accounting principles for four (4) years after the event and shall permit County and its agent:
and employees access to said records at reasonable times.
8. Modification The event name, time & date of the event and Schedule of Activities may bE
amended upon written approval of the Advisory Committee and TDC Director. Any changes to saic
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.
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 21, 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.
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, any
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 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 injun
and property damage (including property owned by Monroe County) and any other losses, damages
and expenses (including attorney's fees) which arise out of, in connection with, or by reason of the
services provided by Event Contractor, or other activities and funding associated with this agreement
except those losses or damages caused by the negligent or wrongful at or omission of County or it:
agents.
14. Non - Waiver of Immunity Notwithstanding the provisions of Sec. 768.28, Florid,
Statutes, the participation of the Event Contractor and the County in this Agreement and the acquisitior
of any commercial liability insurance coverage, self- insurance coverage, or local government liability
insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, no
shall any contract entered into by the County be required to contain any provision for waiver.
Event Name:
Destination Event: FY 2018
Contract ID #:
2
E.35.a
15. Permits The Event Contractor will secure all required permits, licenses and shall pay all
appropriate business taxes.
16. Taxes The County and TDC are exempt from Federal Excise and State of Florida Sale;
Tax, but this in no way exempts the Event Contractor from applicable Federal and State taxes.
17. Finance Charges The County and TDC shall not be responsible for any finance charges.
18. Relation of County /TDC It is the intent of the parties hereto that the Event Contracto
shall be legally considered as an independent Event Contractor and that neither it nor its employee:
shall, under any circumstances, be considered employees, servants or agents of the County and TDC
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, 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 venu(
Event Name:
Destination Event: FY 2018
Contract ID #:
3
E.35.a
shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida.
This agreement shall not be subject to arbitration.
24. Security Protection The Event Contractor agrees to provide adequate security for the
event. No TDC funds will be used for this purpose.
25. Media Rights The TDC shall have the right under this agreement to broadcast o
rebroadcast, for any purpose whatsoever, radio, television, sound, video or film production, and stil
photographs, paid by the TDC and County, and produced by the TDC agencies of record.
26. Logo Logo Usage guidelines are at to this agreement as Exhibit B. Al
promotional literature and display advertising must display the "Key West — Close to Perfect - Far Fron
Normal" logo /trademark (as per attached logo sample). This logo /trademark was adopted by the TDC
and County in April, 2010.
27. Severability If any provision of this agreement shall be held by a court of competen
jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby; an(
each provision of this agreement shall be valid and enforceable to the fullest extent permitted by law.
28. Authority Each of the signatories for the Event Contractor below certifies and warrant:
that: a) the Event Contractor's name in the agreement is the full name of the person /entity or corporatior
as designated in its corporate charter, and b) they are empowered to act and execute the agreement fo
the Event Contractor and c) this agreement has been approved by the Event Contractor's 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 officer or employee in violation of Section 2 o
Ordinance No. 10 -1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10
1990. For breach or violation of the provision the County may, at its discretion terminate this agreemen
without liability and may also, at its discretion, deduct from the agreement or purchase price, o
otherwise recover, the full amount of any fee, commission, percentage, gift or consideration paid to the
former or present County officer or employee.
30. Public Entities Crimes A person or affiliate who has been placed on the convicted vendo
list following a conviction for public entity crime may not submit a bid on a contract to provide any good:
or services to a public entity, may not submit a bid on a contract with a public entity for the constructior
or repair of a public building or public work, may not submit bids on leases of real property to public
entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant unde
a contract with any public entity, and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017, for category two for a period of 36 months from the dat(
of being placed on the convicted vendor list.
31. Laws and Regulations Any and all services, materials and equipment shall comply full)
with all Local, State and Federal laws and regulations.
32. Termination of Agreement County may terminate this agreement without cause b)
providing written notice to Event Contractor, through its officer, agent or representative, no less Char
sixty (60) days prior to the event and may terminate for breach upon providing to Event Contractor
Event Name:
Destination Event: FY 2018
Contract ID #:
12
E.35.a
through its officer, agent or representative, written notice at least seven (7) days prior to the eTTecilve
date of the termination. Notice is deemed received by Event Contractor when hand delivered, deliverer'
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
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 rear
interchangeably.
35. Entire Agreement The parties agree that the agreement above constitutes the entir(
agreement between the County and Event Contractor.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Event Name:
Destination Event
Contract ID #:
5
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first abov(
written.
Event Name:
Destination Event
Contract ID #:
(SEAL)
Attest: Kevin Madok, Clerk
Deputy Clerk
Organization
By
President
Print Name
Date:
AND TWO WITNESSES
(1)
Print Name:
Date:
Board of County Commissioners
of Monroe County
Mayor /Chairman
(2)
Print Name
Date
9
E.35.a
EX
Acceptable Event Marketing Expenses for Destination Events
Only the TDC expenses listed below may be included in the proposed budget. A general non - allocate(
line item is not to exceed 15% of the total budget and can only be utilized for acceptable TDC marketin(
items listed in this section. There cannot be more than a 10% deviation from the approved line iten
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 rol
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. 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 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 2018
Contract ID #:
7
E.35.a
EX
Logo /Acknowledgement Usage Guidelines For District I Destination Events
Color ads four (4) color processing printing
Black & white ads shall include the Florida Keys and Key West logo in high resolution
Use on all printed material as listed under the Acceptable Event Marketing Expenses list
TV: logo must appear at the conclusion of commercial
Hats and t- shirts: must carry the "The Florida Keys & Key West" Out -of- County logo
Radio Advertising: No logo is required. All radio announcements must say "Brought to you by the
Monroe County Tourist Development Council"
In- County Logo
The logo below indicating the "Monroe County Tourist Development Council" designation is to be utilize(
on in- county print newspaper and magazine ads, brochures, postcards, pamphlets, programs, posters
banners (hanging and displayed outdoors), and digital advertising on websites, website links, pre rol
video, banners, mobile and email blasts. Radio commercials should include "Brought to you by Th(
Monroe County Tourist Development Council ". To seek approval, clarification and /or logo in electroni(
format (eps or jpg file), contact Ashley Miller or John Underwood with Tinsley Advertising at 305 -856
6060.
The 1"lorid(i Kees
K Acki r
e,r\Vest
Close To Perfect Fdr from Norm 1
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.
Event Name:
Destination Event: FY 2018
Contract ID #:
0
E.35.a
EX
Logo /Acknowledgement Usage Guidelines For District IV 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 - Islamorada" 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.
ISI Th eo "rada
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.
Event Name:
Destination Event: FY 2018
Contract ID #:
8
E.35.a
EX
DESTINATION EVENT BUDGET - FISCAL YEAR 2018
Applicant is advised prior to completing this budget to reifer to Exhibit A o the Sample Contrac
showing the Allowable Marketing Expenses. This can be found online at:
'THERE WILL BE NO ;1 1ENDM TS T °' HIS BUDGET (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 1,5% of the total funding allocation, and ma)
only be utilized for acceptable event marketing expenses (see Exhibit A of Application).
Actual expenditures may deviate no more than 10% from the budgeted line items noted above
TDC will only consider reimbursement of permissible marketing expenditures that highlight the specia
event versus the regular programming of a business, organization or the facility.
The County shall pay no more than 10% of the total allocated funds on advertising media cost;
attributable to in- county placement.
Event Name:
Destination Event: FY 2018
Contract ID #:
0
BOILERPLATE FISHING EVENT FUNDING AGREEMENT
THIS Agreement is made and entered into by and between Monroe County, Florida, a politic,
subdivision of the State of Florida (County), and ORGANIZATION (Event Contractor) on this day c
, 2017.
WHEREAS, Florida Keys Fishing Tournaments, Inc. (Fishing Umbrella), the umbrella organizatio
under contract with the County, has recommended to the Monroe County Tourist Development Counc
(TDC), which has endorsed the recommendation, that certain monies be allocated for promotion of a
event by Event Contractor; and
WHEREAS, Event Contractor has represented and agreed that it desires and is able to conduc
the event; and
WHEREAS, the Umbrella organization recommends allocation of funds for the EVENT (Event) of
DATE
NOW, THEREFORE; in consideration of the mutual promises contained herein, the parties agre
as follows
1 . Amount County shall pay a sum not to exceed $FUNDSALLOCATED (SPELL OU
FUNDING AMOUNT— TDC District DISTRICT Funding Allocation) effective for promotion an
related expenditures, as described in the event budget, attached hereto as Exhibit D, for production c
the Event. No amendments shall be made to the Budget as set forth in Exhibit D after approval c
contract. Payment will be made only after Event Contractor submits invoices and suppo
documentation acceptable to the County's Finance Department. The advertising and promotion budg(
using County funding may be altered as to the individual line items, or components, within 10% of th
amount stated for that item or component, without increasing the total dollar amount and withoL
requiring a written amendment to this agreement. The general non - allocated section of an Umbrell
event budget shall not exceed 15% of the total budget and may be utilized for unforeseen permissibl
expenditures and for those budget lines that may require additional funds. Monroe County's performanc
and obligation to pay under this agreement is contingent upon an annual appropriation by the Board c
County Commissioners.
In a situation where the Event has to be postponed due to a named storm or hurricane for whic
the County orders a visitor and /or resident evacuation order, the Event Contractor shall have thirty (3(
days to provide to Florida Keys Fishing Tournaments, Inc. notice of a new date for the Event, and she
produce the re- scheduled Event within ninety (90) days of the original date of Event. The reschedule
date shall be authorized, in writing, by the Florida Keys Fishing Tournaments, Inc. and forwarded to th
TDC administrative office for approval by the TDC Director. If the Event Contractor is unable t
reschedule the Event, the Event Contractor shall provide proof of the cancellation being caused by
named storm or hurricane, and a written statement as to why the Event cannot be rescheduled.
If the Event is cancelled or rescheduled due to a named storm or hurricane for which the Count
orders a visitor and /or resident evacuation order, the County shall pay for promotion or relate
expenditures of any combination of invoices for the original event date, and /or the rescheduled date up t
Event Name:
Fishing Umbrella Funding FY 2018
Contract I D #:
1
the amount, but not to exceed the amount of funds allocated as described in the budget, attached heret
as Exhibit D.
2. Duties of Event Contractor Event Contractor shall provide promotion and related service
as described in the Schedule of Events, Exhibit C, attached hereto. All advertising and public relation
services or supervision of advertising and public relations will be provided through the contracte
agencies of the TDC and County.
3. 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 DATI
unless the date of the event is amended upon written approval of the Fishing Umbrella and TD(
Director. Event Contractor shall not be reimbursed nor will Event Contractor's vendors be paid directl
for any invoices received by the County after EXPIRATION DATE unless the date of the event i
amended upon written approval of the Fishing Umbrella and TDC Director, and the County shall not bi
obligated to pay for any services provided by Event Contractor under this agreement if documentation a
noted above is not received on or before this reimbursement deadline date. To be eligible fc
reimbursement, the request for reimbursement and supporting documents (checks, invoices, credit can
statements, bank statements, etc.) must show that the items were paid for directly by the same entit
named on the agreement with the County. For clarification on reimbursements, please refer to thi
reimbursement packet provided to you upon execution of your funding agreement.
4. Expiration of Agreement This agreement expires EXPIRATION DATE and the Count
shall not be obligated to pay for any services provided by Event Contractor under this agreement
documentation as noted above is not received on or before this reimbursement deadline date, unless th
date of the event is amended upon written approval of the Fishing Umbrella and TDC Director.
5. Reimbursement to County Event Contractor shall reimburse County for any amount (
funds expended by County in connection with an event which does not occur as a result of any act c
omission by Event Contractor.
6. Media Rights The TDC shall have the right under this agreement to broadcast c
rebroadcast, for any purpose whatsoever, radio, television, sound, video or film production, and sti
photographs, paid by the TDC and County, and produced by the TDC agencies of record.
7. Indemnification and Hold Harmless The Event Contractor covenants and agrees b
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, damage:
and expenses (including attorney's fees) which arise out of, in connection with, or by reason of thi
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 County or it
agents.
8. Non - Waiver of Immunity Notwithstanding the provisions of Sec. 768.28, Florida Statute:
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
Event Name:
Fishing Umbrella Funding FY 2018
Contract I D #:
2
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.
9. Ethics Clause The Event Contractor warrants that it has not employed, retained c
otherwise had act on its behalf, any former County officer or employee in violation of Section 2 c
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 agreemer
without liability and may also, at its discretion, deduct from the agreement or purchase price, c
otherwise recover, the full amount of any fee, commission, percentage, gift or consideration paid to thi
former or present County officer or employee.
10. 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 an
will cooperate with County in the investigation arising as a result of any action, suit or claim related to tN
agreement. Any legal proceedings arising out of this agreement shall be in accordance with the laws (
the State of Florida in the 16 Judicial Circuit for Monroe County; venue shall be in Monroe Count)
Florida.
11. Severability If any provision of this agreement shall be held by a court of competer
jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby; any
each provision of this agreement shall be valid and enforceable to the fullest extent permitted by law.
12. Governing Law/Venue This agreement shall be governed by and construed in accordant
with the laws of the State of Florida applicable to contracts made and to be performed entirely in thi
State. In the event that any cause of action or administrative proceeding is instituted for the enforcemer
or interpretation of the agreement, the County and Event Contractor agree that venue shall lie in thi
appropriate court or before the appropriate administrative body in Monroe County, Florida. Thi
agreement shall not be subject to arbitration.
13. Accounting and Records Event Contractor shall maintain records pursuant to generall
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.
14. Termination of Agreement County may terminate this agreement without cause It
providing written notice to Event Contractor, through its officer, agent or representative, no less than sixi
(60) days prior to the event and may terminate for breach upon providing to Event Contractor, through ii
officer, agent or representative, written notice at least seven (7) days prior to the effective date of th
termination. Notice is deemed received by Event Contractor when hand delivered, delivered by nation,
courier with proof of delivery, or by U.S. mail upon verified receipt or upon the date of refusal or nor
acceptance of delivery.
15. Public Entities Crimes A person or affiliate who has been placed on the convicted vendc
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 constructio
or repair of a public building or public work, may not submit bids on leases of real property to publi
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 th
Event Name:
Fishing Umbrella Funding FY 2018
Contract I D #:
3
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.
16. Logo Logo Usage guidelines are attached to this contract as Exhibit B. A
promotional literature and display advertising must display the "Florida Keys & Key West Come As Yo
Are" logo /trademark (as per attached logo sample — Exhibit B). This logo /trademark was adopted b
the TDC and County in April, 2010.
In- County Logo The logo that includes the "Monroe County Tourist Development Council" designatio
is to be utilized on in- county print newspaper and magazine ads, brochures, postcards, pamphlet:
programs, posters, banners (hanging and displayed outdoors) and digital advertising on website:
website links, pre roll video, banners, mobile and email blasts. Radio commercials should includ
"Brought to you by The Monroe County Tourist Development Council ". To seek approval, clarificatio
and /or logo in electronic format (eps or jpg file), contact Karen Piedra or John Underwood with Tinsle
Advertising at 305 - 856 -6060.
Out -of- County Logo The logo that does NOT include the "Monroe County Tourist Developmer
Council" designation is to be utilized in out -of- county newspapers and magazines, brochures, postcard:
pamphlets, programs, posters and digital advertising on websites, website links, pre roll video, banner:
mobile and email blasts. Radio commercials should include "Brought to you by The Monroe Couni
Tourist Development Council ". To seek approval, clarification and /or logo in electronic format (eps or jp
file), contact Karen Piedra or John Underwood at Tinsley Advertising at 305 - 856 -6060.
17. Permits The Event Contractor will secure all required permits, licenses and shall pay a
appropriate business taxes.
18. Assignment The Event Contractor shall not assign, transfer, convey, sublet or otherwise
dispose of this agreement, or of any or all of its right, title or interest therein, or his or its power b
execute such agreement to any person, company or corporation without prior consent of the County.
19. Modification The event name, time & date of the event and Schedule of Activities may bi
amended upon written approval of the Advisory Committee and TDC Director. Any changes to sail
contract other than stated above require approval by the Advisory Committee, TDC and the County.
20. Non Occurrence of Event The Event Contractor shall give written notice to the TDC if it i
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, then Event Contractc
agrees to refund to the County any amounts already paid to them under this agreement and relieve the
County from any further payments.
21. Laws and Regulations Any and all services, materials and equipment shall comply full
with all Local, State and Federal laws and regulations.
22. 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. .
23. Finance Charges The County and TDC will not be responsible for any finance charges
Event Name:
Fishing Umbrella Funding FY 2018
Contract I D #:
11
24. Relation of County /TDC It is the intent of the parties hereto that the Event Contractc
shall be legally considered as an independent contractor and that neither it nor its employees shal
under any circumstances, be considered servants or agents of the County and TDC, and the County any
TDC shall at no time be legally responsible for any negligence on the part of said Event Contractor, it
employees or agents, resulting in either bodily or personal injury or property damage to any individua
firm or corporation.
25. Disclosure The Event Contractor shall be required to list any or all potential conflicts c
interest, as defined by Florida Statutes Chapter 112 and Monroe County Code. The Event Contractc
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 any
TDC.
26. Compliance with Laws - Nondiscrimination The Event Contractor, shall comply with a
Local, State and Federal laws and ordinances applicable to the work or payment for work thereof, any
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 any
Federal laws and regulations and ordinances.
27. Security Protection The Event Contractor agrees to provide adequate security for thl
event. No TDC funds will be used for this purpose.
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 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.
29. Miscellaneous As used herein, the terms "contract" and "agreement" shall be reap
interchangeably.
30. Breach and Penalties The parties agree to full performance of the covenants contained ii
this agreement, and the County reserves the right at its discretion, provided such breach is material, ti
terminate this agreement for any misfeasance, malfeasance, or nonperformance of the agreement term
or negligent performance of the agreement terms by the Event Contractor.
31. Notice Any notice required or permitted under this agreement shall be in writing and hang
delivered, emailed or mailed, postage prepaid, to the other party by certified mail, returned receir
requested to the following:
For Grantee:
For Grantor: Maxine Pacini
Monroe County Tourist Development Council
1201 White Street, Suite 102
Key West, FL 33040
Event Name:
Fishing Umbrella Funding FY 2018
Contract I D #:
5
Christine Limbert- Barrows, Asst. County Attorney
P.O. Box 1026
Key West, FL 33041 -1026
32. Entire Agreement The parties agree that the agreement above constitutes the entire
agreement between the County and Event Contractor.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above
written.
(SEAL)
Attest: Kevin Madok, Clerk
Deputy Clerk
Organization
By
President
Print Name
Date:
AND TWO WITNESSES
Board of County Commissioners
of Monroe County
Mayor /Chairman
(1) (2)
Date:
Event Name:
Fishing Umbrella Funding FY 2018
Contract I D #:
W111"1910
Date:
31
EXHIBIT)
Acceptable Event Marketing Expenses for Fishing Events
Within the Fishing Umbrella events funding category, the allocation received by the event contractc
must be spent on the list of items that have been approved. Only the TDC expenses listed below ma
be included in the proposed budget. There is no restriction as to out -of- county advertising. Thi
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 ro
video, banners, mobile and email blasts digital advertising links may go to the event website. The TD(
Logo must be placed on all print, TV, websites, pre roll video, banners and email blasts. Radii
advertising does not require the logo but all radio announcements must say "Brought to you by thi
Monroe County Tourist Development Council ". No payment will be made for development or operation
(hosting) of websites.
Promotional Signs Posters and banners (hanging and displayed outdoors).
Promotional Items T- shirts and hats *, trophies (Fishing Tournaments Only).
*Sales /Resale of TDC funded items: Items funded by the BOCC /TDC, including creative and resulting
work product, 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 and shipping. This i
a direct mail promotional brochure, postcard or pamphlet utilized for pre -event advertising.
Programs TDC will pay up to fifty percent (50 %) for the cost of production or printing of an ever
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 a:
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 TD(
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 fc
reimbursement.
Trophies: Framed art work, framed photography, engraved crystal and glass, plaques, trophieE
sculptures (fiberglass, metal, glass & wood) and framed certificates shall constitute a trophy. All sucl
trophies must include the appropriate information as outlined in the policies (tournament name, date
(year), and location). For trophy reimbursement, Tournament Directors must present the original invoice
of the trophies, a notarized list of winners of the event, and a notarized list of the plates and /or glas
etching from the engraving company.
Amendments to Contract Budgets No amendments to the line item budget will be permitted after the
contract has been reviewed and approved.
Event Name:
Fishing Umbrella Funding FY 2018
Contract I D #:
7
EXHIBIT I
Logo /Acknowledgement Usage Guidelines For Fishing 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"
Trophies: Logos are not required on trophies.
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, poster:
banners (hanging and displayed outdoors), and digital advertising on websites, website links, pre ro
video, banners, mobile and email blasts. Radio commercials should include "Brought to you by Thi
Monroe County Tourist Development Council ". To seek approval, clarification and /or logo in electroni
format (eps orjpg file), contact Danielle Salman or John Underwood with Tinsley Advertising at 305 -856
6060.
The
Flo
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.' cr�r�c as YOU dre
MC +NROE 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, program:
posters and digital advertising on websites, website links, pre roll video, banners, mobile and ema
blasts. Radio commercials should include "Brought to you by The Monroe County Tourist Developmer
Council ". To seek approval, clarification and /or logo in electronic format (eps orjpg file), contact Daniell)
Salman or John Underwood at Tinsley Advertising at 305 - 856 -6060.
Event Name:
Fishing Umbrella Funding FY 2018
Contract I D #:
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EXHIBIT I
FISHING UMBRELLA EVENT BUDGET - FISCAL YEAR 2018
APPLICANT IS ADVISED PRIOR TO COMPLETING THIS BUDG TO REFER TO THE FUNDING
APPLICATION SHOWING THE ALLOWABLE MARKETING EXPENSES 'THA'T WILL BE
CONSIDERED FOR I BU SERE
THERE WILL BE NO AMENDMENTS TO THIS BUDG (EXH IBIT ) AFTER BOCC APPROVAL O
AGREEMENT
OFFICIAL TOURNAMENT NAME
MEDIA PLACEMENT & PRODUCTION COST:
$
PROMOTIONAL SIGNS:
$
PROMOTIONAL ITEMS:
$
DIRECT MAIL PROMOTIONS:
$
PROGRAMS:
$
PUBLIC RELATIONS:
$
'TROPHIES:
$
**GENERAL NON - ALLOCATED:
$
TOTAL
$
'Tournaments may not place more than 30% of their total funding allocation in the Trophy line item
except when special approval from FKFT, Inc. Board of Directors has been received.
**The General Non - Allocated line item should not exceed 1,5% 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
Event Name:
Fishing Umbrella Funding FY 2018
Contract I D #:
10