Item G36 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: NOVEMBER 18, 2014 Division: TDC
Bulk Item: Yes X No Department:
Staff Contact Person/Phone#: Kelly Scarbrough
296-1552
AGENDA ITEM WORDING:
Approval of an assignment of a Destination Event Funding Agreement for the Key West Holiday Fest
in December 2014 from Key West Innkeeper's Association, Inc. to The Lodging Association of the
Florida Keys and Key West, Inc.
ITEM BACKGROUND:
The Lodging Association of the Florida Keys and Key West, Inc. has recently taken over management
of the Key West Innkeepers Association, Inc. The Key West Innkeeper's Association, Inc. has
requested an assignment of the agreement to allow the event to continue as planned. Letter of
request is attached.
District III Advisory approved same at their meeting of October 1, 2014.
TDC approved same at their meeting of October 28, 2014.
PREVIOUS RELEVANT BOCC ACTION:
BOCC approved original agreement at their meeting of October 16, 2013.
CONTRACT/AGREEMENT CHANGES:
Assignment of Agreement
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: .$35,000 BUDGETED: Yes X No
COST TO COUNTY: $ SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year
i
APPROVED BY: County Atty X OMBCh-/Purlasing X Risk Managemei)t )-�, -
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM#
Revised 11/06
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: The Lodging Association of Contract# TDC ID# 1256
the Florida Keys and Key Effective Date: 10/16/13
West,Inc.
Expiration Date: 3/1/15
Contract Purpose/Description:
Approval of an assignment of a Destination Event Funding Aqreement for the
Key West Holiday Fest in December 2014 from Key- West Innkeepers
Association, Inc. to The Lodging Association of the Florida Keys and Key West,
Inc.
Contract Manager: Kelly Scarbrough 3523 TDC # 3
(Name) (Ext.) (Department/Stop#)
for BOCC meeting on 11/18/14 AgendaDeadline 11/4/14
CONTRACT COSTS
Total Dollar Value of Contract: $35,000 Current Year Portion: $
Budgeted? Yes® No ❑ Account Codes : 117-77030-530340-TS47-675-X-530340
Grant: $
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $-/yr For:
(Not included in dollar value above) (eg.maintenance,utilities,janitorial,salaries,etc.)
CONTRACT REVIEW
Changes Date Out
ate In Needed Reviewer
Division Director I YesF-1 NoEf' (r-3 I
Risk Management YesF� No[]'
LILL
O.M.B./Purchasing LLq Yes❑ No[]j
County Attorney 0)"2-q I q Yes[] Nom-,"s-.-Limbert-Barrows q h
Comments:
OMB Form Revised 2/27/01 MCP#2
F
ASSIGNMENT AND ASSUMPTION OF DESTINATION EVENT FUNDING AGREEMENT
AND CONSENT TO ASSIGNMENT BY MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
THIS ASSIGNMENT AND ASSUMPTION AGEEMENT AND CONSENT TO ASSIGNMENT
("Agreement") is made to be effective this day of November, 2014, by and between Key West
Innkeeper's Association, Inc., on the one hand ("Event Contractor"), and The Lodging Association
of the Florida Keys and Key West, Inc., on the other hand ("Assignee").
WHEREAS, an agreement was entered into on October 16, 2013, attached hereto, between
County and Key West innkeeper's Association, Inc. (Event Contractor) to use Tourist Development
funding for the promotion of the Key West Holiday Fest in December 2014 (the "Event"); and
WHEREAS, the Event Contractor/Assignor was not able to continue to sponsor the Event due to
the Key West Innkeeper's Association, Inc. merging under the management of The Lodging Association
of the Florida Keys and Key West, Inc.; and
WHEREAS, the Assignee is qualified and had agreed to sponsor and produce the Event; and
NOW THEREFORE, the above parties agree as follows:
1. Event Contractor/Assignor hereby assigns, transfers and sets over to Assignee all of its rights,
title and interest in, to and under the Key West Holiday Fest contract, subject to the terms,
covenants, agreements, representations and covenants set forth therein.
2. Assignee shall and does assume all obligations and responsibilities of Event Contractor/Assignor
under the Destination Event Contract.
3. County approves and consents to the assignment of the Destination Event Contract from
Assignor to Assignee, the new Event Contractor.
4. Paragraph 1 of the contract shall read:
5. The County agrees to pay up to $35,000 (Thirty-five Thousand Dollars — TDC District I Funding
Allocation) for Key West Holiday Fest in December 2014 from tourist development tax funds
(see Exhibit "C" of original agreement). Of this amount, no more than 10% or $3,500 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 contract. A list of Acceptable Event Marketing Expenses is
attached to the agreement as Exhibit "A" in original agreement.
6. All other provisions of the Destination Event Contract dated October 16, 2013, not inconsistent
herewith, remain in full force and effect.
Assignment of Agreement for FY 2014 Key West Holiday Fest
1D#: 1256
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Destination Event A reem nt
THiS Agreement is made and entered into by and between Monroe County, Florida, a political
subdivision of the state of Florida o ty"), and Key West innkeeper's Association. Inc. ("Event
Contractor") on this�day of 2013.
WITNESSETH:
in consideration of the mutual covenants contained herein, the parties agree as follows:
1. The County agrees to pay up to $35"000 (Thirty Five Thousand Dollars — TDC District I
Funding Allocation) for Key West Holiday Foot In December 2014 from tourist development tax funds
(see Exhibit "C'"). Of this amount, no more than 10% or $3,500 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 contract. A list of
Acceptable Event Marketing Expenses Is attached to the agreement as Exhibit"A".
2. Sops of Services: The Event Contractor agrees to provide the County with an event as
specked below:
a). To include lighting of the Harbour Walk; Art walk; Mangrove and shore cleanup; Holiday
Historic Inn Tour; Jazz concert; Car show; Holiday Parade; Watersport activities; Trolley Tour, Bike tour
Film mini fast; 5K runtwalk
3. All advertising and public relations services or supervision of advertising and public
relations will be provided through the contracted agencies of the Tourist Development Council (TDC)
and County. The agencies of record shall receive payment for work in progress upon submission of
documented invoices associated with the event.
4. Invoicing: Event Contractor agrees to submit all invoices and support documentation as
required by the County's Finance Department rules and policies no later than March 1. 2015. Event
Contractor shall not be reimbursed nor will Event Contractor's vendors be paid directly for any
invoices received by the County after March 1. 2015. 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 expiration 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.
5. Exoiration of Agreement: This agreement expires on March 1, 2015 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 expiration date.
Key West Holiday Fest
Destination Event: FY 2014
Contract ID#: 1256
1
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6. Dutie of Event Contra or: Event Contractor shall provide promotion and related services
as described in the Schedule of Events, Exhibit °C", attached hereto. 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 Recordi: 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: Any changes to this contract may be made only by written mutual
agreement, recommended by the TDC and approved by 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 O—ccurrenoe of Event: The Event Contractor shall give written notice to the Monroe
County Tourist Development Council 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 21, 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 Tourist Development Council 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 lasses, damages, and expenses (including attorneys 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 County or its
agents.
14. Permits: The Event Contractor will secure all required permits, licenses and shall pay all
appropriate business taxes.
Key West Holiday Fest
Destination Event: FY 2014
Contract IN: 1256
2
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Tax. 15. _TaM The County and TDC are exempt from Federal Excise and State of Florida Sales
16. Finance Charges: The County and TDC shall not be responsible for any finance charges.
17. Rolation 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.
18. 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.
19. 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 to
execute such agreement to any person, company or corporation without prior consent of the County.
20. Compliance with - Nondiscrimination: The Event Contractor, shall comply with all
federal, state and local laws and ordinances applicable to the work or payment for work thereof, and
shall not discriminate on the grounds of race, color, religion, sex, age, or national origin in the
performance of work under this agreement. This agreement shall be subject to all federal, state, and
local laws and ordinances.
21. Force Maw: 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.
22. Governina t_awNenue: 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
Key West Holiday Fest
Destination Event: FY 2014
Contract ID#: 1256
3
shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida.
This agreement shall not be subject to arbitration.
23. Security Protection: The Event Contractor agrees to provide adequate security for the
event. No TDC funds will be used for this purpose.
24. QMershio: All advertising and promotion work performed under the agreement and paid
for by the County and TDC shall be the property of the County and TDC, for whatever use and/or
disposition the County and TDC may deem appropriate.
25. Media rights: The TDC shall have the right to broadcast, rebroadcast, use, reproduce or
transmit for any purpose whatsoever, radio, television, pictures, sound, film and tape motion pictures
and still photographs paid by the County and TDC under this agreement.
26. „i: Logo Usage guidelines are attached to this contract as Exhibit "S". 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 logottrademark was adopted by the TDC
and County in April, 2010.
27. Severe ill : 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. Authho ; Each of the signatories for the Event Contractor below certifies and warrants i
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. Ethics Clause: The Event Contractor warrants that it has not employed, retained or t
otherwise had act on its behalf, any former County office or employee in violation of Section 2 or
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 3
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 i
date of being placed on the convicted vendor list. G
9
Key West Holiday Fest
Destination Event: FY 2014 i
Contract ID#: 1256
4
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31. Laws and Regulations: Any and all services, materials and equipment shall comply fully i
with all Local, State and Federal laws and regulations.
32. Termini;ion 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, 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 I
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: Ian J. Whitney
PO Box 6172
Key West, FL 33041
For Grantor Lynda Stuart
Monroe County Tourist Development Council
1201 White Street, Suite 102
Key West, FL 33040
And
Christine Limbert, 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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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Key West Holiday Fest
Destination Event: FY 2014 `
Contract ID#: 1256
5
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EXHIBIT
Acceptable Event Markedna Expenwo 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 & Product Coats• Newspapers_ !. ...,o and magazines (inserts will also be considered); i radio; and TV. The TDC will pay for the following digital advertising on websites, website links, pre roll
video, banners, mobile and email blasts. Digital advertising links may go to the event website. The TDC
Logo must be placed on all print, TV, websites, pre roll video, banners and email blasts. Radio
advertising does not require the logo but all radio announcements must say "Brought to you by the
Monroe County Tourist Development Council". No more than 10% of the total allocated funds shall be
expended on advertising media costs attributable to in-County placement.
PMmotlon Slgns: Posters and banners (hanging and displayed outdoor).
Promotional tems: T-shirts and hats*.
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*SSSIS tResale of TDC kindled Items: Items funded, including creative and resulting work product, by
the BOCCfrDC, in accordance with Florida Public Records Law, are owned by the BOCC/TDC and as
such may not be sold.
DInoct Mail m n : Brochures, postcards and pamphlets including postage/shipping. This is a
direct mail promotional brochure/postcard/pamphlet utilized for pre-event advertising.
Progriiims: 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.
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Public Relations IPRI: 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 c
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 Re_imbursement; TDC will only consider reimbursement of permissible marketing
expenditures that highlight the special event versus the regular programming of a business, organization e
or the facility.
Amondmenft to Cont
-mct Budgets: No amendments to the line item budgets will be permitted after
the contract has been reviewed and approved.
Key West Holiday Fast
Destination Event: FY 2014
Contract iD#: 1256
7
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CHI IT B r
LogW_A_ckng_wIedg9m*nt Usage Guidelines For DU strict 1 DesInation Evellts
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' logo
Radio Ad
verdsing: No logo is required. All radio announcements must say "Brought to you by the
Monroe County Tourist Development Council"
In-Count
The lo
go 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 C
format (eps or jpg file), contact Jessica Taylor-Smith or John Underwood with Tinsley Advertising at 305-
856-6060. ,.
The Florida Keys
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Out of-County Lou* t
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 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 Jessica
Taylor-Smith or John Underwood at Tinsley Advertising at 30"56-6060.
The Florida Keys
Key'West
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Key West Holiday Fest
Destination Event: FY 2014
Contract ID#: 1256
8
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EXHIBIT C
DESTINATION EVENT BUDGET-FISCAL YEAR 2014
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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: !
htto://fl--monrosmunty civic2lus comAndex asDx?nid=328 r
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THERE WILL BE NO AMENDMENTS TO THIS BUDGET(EXHIBIT C)AFTER BOCC APPROVAL OF AGREEMENT
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Key West Holiday Fest
EVENT NAME
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MEDIA PLACEMENT& PRODUCTION COST: $22,490
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PROMOTIONAL SIGNS: $500
PROMOTIONAL ITEMS: $
DIRECT MAIL PROMOTIONS: $
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PROGRAMS $1,500
PUBLIC RELATIONS: $5,260
"GENERAL NON-ALLOCATED: $5,250
TOTAL $35,000 �
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"The General Non Allocated line item should not exceed 15% of the total funding allocation, and may
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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. {
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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.
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The County shall pay no more than 10% of the total allocated funds on advertising media costs
attributable to in-county placement.
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