Item D28BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: OCTOBER 19, 2011 Division: TDC
Bulk Item: Yes X No Department:
Staff Contact Person/Phone #:- Maxine Pacini
296-1552
AGENDA ITEM WORDING:
Approval of an Amendment for the 2011 Key West Gator Club Dolphin Derby Agreement to
correct name of event sponsor to University of Florida Alumni Association, Inc. dba Key West
Gator Club.
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION:
BOCC approved original Agreement at their meeting of October 20, 2010
CONTRACT/AGREEMENT CHANGES:
Amendment to Agreement
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $5,000 BUDGETED: Yes X No
COST TO COUNTY: S5,000 SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing X Risk Management X
DOCUMENTATION:
DISPOSITION:
Revised 11 /06
Included X Not Required
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: University of Florida Alumni Contract # 726
Association, Inc. dba Key West Effective Date: 10/20/10
Gator Club
Expiration Date: 9/30/11
Contract Purpose/Description:
Approval of an Amendment for the 2011 Key West Gator Club Dolphin Derby
Agreement to correct name of event sponsor to University of Florida Alumni
Association, Inc. dba Key West Gator Club.
Contract Manager: Maxine Pacini 3523 TDC # 3
(Name) (Ext.) (Department/Stop
for BOCC meeting on 10/19/11 Agenda Deadline 10/4/11
CONTRACT COSTS
Total Dollar Value of Contract: 5,000 Current Year Portion: $
Budgeted? Yes® No F-1 Account Codes: 115-75022-530340-TF15-064-X-530480
115-75022-530340-TE15- 064-X-530410 I
Grant: $
County Match:
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance,
ities, janitorial, salaries, etc.
CONTRACT REVIEW
Changes
Date Out
Date In
Division Director 1?4L�21
NeededRe we
Yes❑ Noff"
Risk Manage ent i I
YesEj NcC]
O.M.O.M.B./Purchasing
YesF NoE2 L/
County Attorney
YesF-1 NoF-] C. Hall
Comments:
161016-11ro "I, wim"I 0010
FIRST AMENDMENT TO FUNDING AGREEMENT
THIS FIRST AMENDMENT ("Amendment") to the AGREEMENT by and between
Key West Gators, Inc. ("Event Sponsor") and Monroe County, Florida, a political subdivision of
the State of Florida ("County") is made this day of September 2011.
WHEREAS, on October 20, 2010, the County and Event Sponsor entered into a
Funding Agreement ("Agreement"), whereby the County agreed to pay the sum of $20,000 for
production of the Key West Gator Cub Dolphin Derby in June, 2011; and
WHEREAS, subsequent to entering into the Agreement, the County became aware that
the name of the entity sponsoring the event as listed on the Event Sponsor's application for
funding was incorrect; and
WHEREAS, further investigation showed that the Event Sponsor was the local chapter
of the Florida National Alumni Association, Inc., and that the correct name of the Event
Sponsor was Florida Alumni Association, Inc., dba Key West Gator Club; and
WHEREAS, it is necessary to amend the Funding Agreement in order to correct the
name of the Event Sponsor.
NOW, THEREFORE; the parties agree as follows:
1. The Funding Agreement dated October 20, 2010 is amended to reflect that the
name of the Event Sponsor is Florida Alumni Association, Inc. dba Key West Gator Club,
wherever the name of the Event Sponsor occurs in the Funding Agreement.
2. In all other respects, the terms and conditions of the Funding Agreement dated
October 20, 2010 remain in force and effect.
Key West Gator Club Dolphin Derby. First Amendment
Fishing Umbrella Funding FY 2011
Contract /D#. 726
IN WITNESS WHEREOF, the parties have executed this Agreement, effective the day and
year first above written.
(SEAL)
Attest: Danny L. Kolhage, Clerk
Attest
By.
Secretary
Print Name
OR
(1) Witness
Print Name
(2) Witness
Print Name
Key West Gator Club Dolphin Derby. First Amendment
Fishing Umbrella Funding FY 2011
Contract IDA 726
of Monroe County
Mayor/Chairman
Florida Alumni Association, Inc. dba
Key West Gator Club
B
President/Event Spons&
C--� (- --- 4 0 - � 0 f Oy
Print Name
Date: 2// 17 If
MO E COUNTY ATTORNEY
0
RO SAT
A
ASSIST COUNTY tti
I,ANllo� 7ORNEY
oatq-�L-1-- t-f-- -
2
FUNDING AGREEMENT
THIS AGREEMENT is made and entered into b
Florida, a political subdivision of the StTat of Florida ("County
("Event Sponsor") on this � �day of 2010.
WHEREAS, Florida Keys Fishing Tournaments, Inc., the umbrella organization under
contract to the County, has recommended to the Monroe County Tourist Development Council
(hereinafter "TDC"), which has endorsed the recommendation, that certain monies be allocated
for promotion of an event by Event Sponsor; and
WHEREAS, Event Sponsor has represented and agreed that it desires and is able to
conduct the event;
NOW, THEREFORE; in consideration of the mutual promises contained herein, the
parties agree as follows:
1. County shall pay a sum not to exceed $5,000 (Five Thousand Dollars) for
promotion and related expenditures effective October 20, 2010, as described in the event
budget, attached hereto as Exhibit "13", for production of the Key West Gator Club Dolphin
Derby in June, 2011 ("Event"). No amendments shall be made to Exhibit "D" after
approval of contract. Payment will be made only after Event Sponsor submits invoices and
support documentation acceptable to the County's Finance Department within ninety (90) days
of the conclusion of the Event. Funding under this agreement terminates ninety days after the
conclusion of the Event. The advertising and promotion budget for County funding may be
altered as to the individual line items, or components, within 10% of the amount stated for that
item or component, without increasing the total dollar amount and without requiring a written
amendment to this agreement. The general non -allocated section of the Event budget shall
not exceed 15% of the total budget and may be utilized for unforeseen allowable
expenditures and for those budget lines that may require additional funds, according to
County guidelines. Monroe County's performance and obligation to pay under this agreement
is contingent upon an annual appropriation by the County.
2. In a situation where the Event has to be postponed due to a named storm or
hurricane for which the County orders a visitor and/or resident evacuation order, the Event
Sponsor shall have thirty (30) days to provide to Florida Keys Fishing Tournaments, Inc. notice
of a new date for the Event, and shall produce the re -scheduled Event within ninety (90) days of
the original date of Event. The rescheduled date shall be authorized, in writing, by The Florida
Keys Fishing Tournaments, Inc. and forwarded to the Tourist Development Council
administrative office to be processed in the form of an Amendment to this Agreement. If the
Event Sponsor is unable to reschedule the Event, the Event Sponsor shall provide proof of the
cancellation being caused by a 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
County orders a visitor and/or resident evacuation order, the County shall pay for promotion or
related expenditures of any combination of invoices for the original event date, and/or the
Key West Gator Club Dolphin Derby
Fishing Umbrella Funding FY 2011
Contract ID#.- 726
rescheduled date up to the amount, but not to exceed the amount of funds allocated as
described in the budget, attached hereto as Exhibit D
3. Event Sponsor shall provide promotion and related services as described in the
Sponsor's 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. The agencies of record, shall receive payment of
work in progress upon submission of documented invoices associated with the Event. Event
Sponsor fully understands that funding is obtained from tourist development taxes for which the
fiscal year ends September 30, 2011. Event Sponsor also understands that the funding
process through which this Agreement is made available by County requires event
sponsors to submit their payment requests within ninety (90) days of the conclusion of
the event. In order for the tourist development taxes to be utilized most effectively for the
purpose for which they were authorized, attracting and promoting tourism, the budgeting
process of the County requires the Event's funding to be concluded in a timely manner. In
recognition that the timeliness of payment requests is of extreme importance to the funding of
future advertising and promotion for the stability of the tourist -based economy, Event Sponsor
agrees to submit within ninety (90) days of the conclusion of the Event all invoices and support
documentation as required by the County's Finance Department rules and policies. Event
Sponsor shall not be reimbursed nor will Event Sponsor's vendors be paid directly for any
invoices received by the County after September 24, 2011. A list of Acceptable Event
Marketing Expenses is attached to the contract as Exhibit "A".
4. No person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce or attempt to enforce any third -party claim or
entitlement to or benefit of any service or program contemplated hereunder, and the County and
the Event Sponsor agree that neither the County nor the Event Sponsor or any agent, officer, or
employee of either, shall have the authority to inform, counsel, or otherwise indicate that any
particular individual or group of individuals, entity or entities, have entitlements or benefits under
this Agreement separate and apart, inferior to, or superior to the community in general or for the
purposes contemplated in the Agreement.
5. Event Sponsor shall reimburse County for any amount of funds expended by
County in connection with the Event if it does not occur as a result of any act or omission by
Event Sponsor.
6. Indemnification: Event Sponsor covenants and agrees to indemnify and hold
harmless Monroe County, the Tourist Development Council, the 3406 North Roosevelt
Corporation (Visit Florida Keys), their officers, employees and agents 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, event
sponsored, or other activities and funding associated with this agreement.
7. Claims and Venue: Event Sponsor agrees to notify County immediately of any
claims suits, or action made against the Event Sponsor that is related to the activity under this
agreement, and will cooperate with County in the investigation arising as a result of any action,
Key West Gator Club Dolphin Derby
Fishing Umbrella Funding FY 2011
Contract ID#.- 726
2
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 th Judicial Circuit for Monroe
County; venue shall be in Monroe County, Florida.
8. Event Sponsor 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.
9. County may terminate this agreement without cause upon providing written notice
to Event Sponsor no less than sixty (60) days prior to the Event and may terminate for breach
upon providing to Event Sponsor notice at least seven (7) days prior to the effective date of the
termination.
10. Event Sponsor is an independent contractor and shall disclose any potential
conflicts of interest as defined by Florida Statutes, Chapter 112 and Monroe County Code,
Article XXI.
11. Event Sponsor warrants that he/she/it has not employed, retained or otherwise
had act on his/her/its behalf any former County officer 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 contract without liability and may also, at its discretion, deduct from the contract 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.
12. 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. By signing below, Event Sponsor warrants that he/she/it is not in violation of this
paragraph.
13. Low: Logo Usage guidelines are attached to this contract as
Exhibit "B". All promotional literature and display advertising with the exception of generic
advertising must display the "Florida Keys & Key West Come As You Are" logo/trade mark (as
per attached logo sample). This logo/trade mark was adopted by the TDC and County in
April, 2010.
In -County Logo: The logo that includes the "Monroe County Tourist Development Council"
designation is to be utilized in all approved in -county print newspaper ads, magazine ads, street
banners, posters and other approved signage efforts. Radio commercials should include
"Brought to you by The Monroe County Tourist Development Council". To seek approval,
Key West Gator Club Dolphin Derby
Fishing Umbrella Funding FY 2011
Contract ID#., 726
3
lov
clarification and/or logo in electronic format (.eps or .jpg file), contact Sharon Joseph or John
Underwood with Tinsley Advertising at 305-856-6060.
Out of County Logo: The out of county logo does NOT include the "Monroe County Tourist
Development Council" designation and is to be utilized in all other efforts including any approved
out -of -county print newspaper ads, magazine ads, television commercials, internet advertising
(banners, buttons, e-mail blasts), direct mail promotions (brochures and pamphlets) and any
approved promotional items including programs, T-shirts, hats, jackets, and koozie cups. 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 John Underwood at Tinsley Advertising at 305-856-6060.
14. Event Sponsor shall not assign or subcontract its obligations under this agreement,
except in writing and with the prior written approval of the Board of County Commissioners for
Monroe County and Vendor, which approval shall be subject to such conditions and provisions as
the Board may deem necessary.
IN WITNESS WHEREOF, tl
above written.
(SEAL)
Attest: Danny L. Kolhage, C
(7 .7
Deputy Clerk
(CORPORATE SEAL)
Attu:
O 6�j
By. r' -
SecrpAary
CD (V _
lam.
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Prir"4a
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Key West Gator Club Dolphin Derby
Fishing Umbrella Funding FY 2011
Contract ID#: 726
this Agreement, effective the day and year first
Print Name/n,
Y.-4Nwi-
Print Name
4
Board of County Commissioners
of Monroe County
tZ Mayo/Chairman
Key West Gators, Inc.
By Pre sid�erft/Event4$ponsor
Print Na e
Date: G y '.o 18
MONROE COUNTY ATTORNEY
AP OVAA
D�AL.
YNTHLL
J'ZTANT jCOUNTY ATTORNEY
Acceptable Event Marketing Expenses for Fishing Events
BOCC 9/20/06
ADVISORY COMMITTEES (UMBRELLAS/DISTRICT ADVISORY COMMITTEES) AND EVENT
COORDINATORS' RESPONSIBILITY: It is the responsibility of the Advisory Committees
(Umbrella/District Advisory Committees (DAC) and Event Coordinators to keep apprised of all Monroe
County Tourist Development Council's policies and procedures pertaining to event funding. 01/22192
When DAC event proposals are received, they will be distributed to DACs for review and
recommendations to the TDC. Upon approval of the TDC of any event funding recommendations, a
contract will be entered into by the applicant and BOCC. The BOCC has final approval of all contracts.
Any Request for Proposal (RFP) response received after the specified deadline, as determined within the
RFP, will not be accepted. TDC 7/21/93 This policy mirrors that of the Board of County Commissioners.
BOCC 9/8/93
EVENT FUNDING: The TDC has established several categories of events that may receive funding.
There are four categories of events that may receive funding from the TDC; Destination Events; Turnkey
Events; Cultural Events and Fishing Events.
All advertising and promotional items shall follow the logo/guidelines for the Monroe County Tourist
Development Council.
TDC funded items are NOT to be sold. 9/14/94
Only the items listed will be reimbursed for the described events. All event coordinators will receive a
reimbursement/direct payment packet that includes an executed copy of the funding agreement. The
packet provides guidelines required for reimbursement/direct payment of Acceptable Event Marketing
Expenses.
No individual applications for Event funding will be considered out of the Two Penny Event Fund other
than the Umbrellas (Cultural, Fishing & Diving). 7/26/95
Marketing expenses for events held outside Monroe County shall not be reimbursed/direct paid. (5/19/lo)
FISHING EVENTS:
Media Placement & Production Costs: newspaper; magazines, radio; TV; websitelinternet advertising
only
Promotional Signs: posters and banners
Promotional Items: T-shirts; hats; jackets; koozie cups; trophies/awards (Fishing Tournaments only)
Refer to Sales/Resale statement.
Direct Mail Promotions: brochures and pamphlets including postage/shipping . This is a direct mail
promotional brochure/pamphlet utilized for pre -event advertising.
Key West Gator Club Dolphin Derby
Fishing Umbrella Funding FY 2011
Contract ID#: 726
Programs: TDC will pay for an event program of listed or schedule of activities and information on the
event, an amount not to exceed 50% of cost, including production and printing, of program as outlined in
contract budget.
Public Relations: Public relations expenses that are approved by public relations agency of record.
' TROPHIES: framed art work, framed photography, engraved crystal and glass, plaques, trophies,
sculptures (fiberglass, metal, glass & wood) and framed certificates shall constitute a trophy. All such
trophies must include the appropriate information as outlined in the policies (tournament name, date, and
location). 9/14/94 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 glass
etching from the engraving company. 8/20/03.
2 ADVERTISING THROUGH THE INTERNET: The TDC will pay for Internet advertising on web sites
(banners, buttons, website links), and E-mail blasts. Internet advertising links may go to the event
website. Logo is required on banners and E-blasts. No payment will be made for development or
operation (hosting) of website. BOCC 5/16/06
SALEIRESALE OF TDC FUNDED ITEMS: Items funded, including creative and resulting work product,
by the BOCUTDC, in accordance with Florida Public Records Law, are owned by the BOCUTDC and as
such may not be sold. 09/14/94
Key West Gator Club Dolphin Derby
Fishing Umbrella Funding FY 2011
Contract ID#: 726
Con
r*4 wa
Logo/Acknowledgement Usage Guidelines For Fishing Events
BOCC 4/21 /10
Color ads four (4) color processing printing 06/12191
Black & white ads shall include the Florida Keys and Key West logo in PMS black. o6/12/91
Use on all printed material as listed under the Acceptable Event Marketing Expenses list
TV: logo must appear at the conclusion of commercial
Hats/t-shirts/jackets/koozie cups: must carry the "The Florida Keys & Key West" 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 below logo that includes the "Monroe County Tourist Development Council" designation is
to be utilized in all approved in -county print newspaper ads, magazine ads, street banners,
posters and other approved signage efforts. 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 Sharon Joseph or John Underwood with
Tinsley Advertising at 305-856-6060.
The
Florldd Keys
&�ey�est
come d s you de
Out -of -County Log_Q
The below logo that does NOT include the "Monroe County Tourist Development Council"
designation is to be utilized in all other efforts including any approved out -of -county print
newspaper ads, magazine ads, television commercials, internet advertising (banners, buttons,
e-mail blasts), direct mail promotions (brochures and pamphlets) and any approved promotional
items including programs, T-shirts, hats, jackets and koozie cups. 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 Sharon Joseph or
John Underwood at Tinsley Advertising at 305-856-6060.
Key West Gator Club Dolphin Derby
Fishing Umbrella Funding FY 2011
Contract ID#: 726
The
FloridaKeys
& Key St
come as you die
7
FLORIDA KEYS FISHING TOURNAMENTS, INC.,
TOURNAMENT SCHEDULE OF EVENTS
FISCAL YEAR 2010-2011
PRINT TOURNAMENT
DAY 1 AM LINES IN WATER
PM LINES OUT OF WATER
00 PM EVENING EVENT
PM WEIGH-IN OVER
30 PM OTHER EVENT A-4- f
DAY 2 V 0 AM LINES IN WATER
PM LINES OUT WATER
PM EVENING EVENT
Pm WEIGH-IN OVER
7 30 PM OTHER EVENT
��.Al.
DAY 3 00 AM LINES IN WATER
5-0 PM LINES OUT WATER
90 PM EVENING EVENT
30 PM WEIGH-IN OVER
30 PM OTHER EVENT '&�pjcr
DAY 4 AM LINES IN WATER
PM LINES OUT WATER
PM EVENING EVENT
PM WEIGH-IN OVER
PM OTHER EVENT
i
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
FISHING UMBRELLA EVENT BUDGET
BUDGET BREAKDOWN
line item listed below shall be approved by the appropriate agency Of record
FISCAL YEAR 2011
There will be no amendments to this budget (Exhibit D) after SOCC approvat of Agreement
EVENT NAME: Kev West Gator Dolohin Derbv
MEDIA PLACEMENT & PRODUCTION COSTS: newspaper, radio, magazines,
TV, websitelinternet advertising only $1,000
PROMOTIONAL SIGNS: posters/banners $100
PROMOTIONAL ITEMS: t-shirts, hats, jackets, koozie cups $2,300
DIRECT MAIL PROMOTIONS: brochures/pamphlets/
postage & shipping
PROGRAMS:
PUBLIC RELATIONS
'TROPHIES: $1,100
"GENERAL NON -ALLOCATED $500
TOTAL: S5.000
TOURNAMENTS CANNOT EXCEED MORE THAN 30% OF THE TOTAL BUDGET IN TROPHY
LINE ITEM EXCEPT WHEN TOURNAMENTS RECEIVED SPECIAL APPROVAL FROM FKFT, INC.
BOARD OF DIRECTORS. ysrw
"GENERAL NON ALLOCATED MAY NOT EXCEED 15%OF THE ABOVE BUDGET.
AND CAN ONLY BE UTILIZED FOR ACCEPTABLE TDC ITEMS.
ACTUAL EXPENDITURES MAY DEVIATE NO MORE THAN 10% FROM THE BUDGETED LINE ITEMS
NOTED ABOVE.
MARKETING EXPENSES FOR EVENTS HELD OUTSIDE MONROE COUNTY SHALL NOT BE REIMBURSED/DIRECT PAID