HomeMy WebLinkAboutItem D32BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: OCTOBER 19, 2011 Division: TDC
Bulk Item: Yes X No Department:
Staff Contact Person/Phone #:- Maxine Pacim
296-1552
AGENDA ITEM WORDING:
Approval of an Agreement with Phil Peterson's Key West Poker Run, LLC covering Phil
Peterson's 40th Key West Poker Run in September 2012 in an amount not to exceed
$50,000, DAC 1, FY 2012 Event Resources and $7,500, DAC 11, FY 2012 Event Resources.
ITEM BACKGROUND:
TDC to approve same at their meeting of September 13, 2011
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
New Agreement
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: S57,500 BUDGETED: Yes X No
COST TO COUNTY: $57,500 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: Phil Peterson's Key West
Contract #
997
Poker Run LLC
Effective Date:
/61m /11
Expiration Date:
3/311/13
Contract Purpose/Description:
Approval of an Agreement with Phil Peterson's Key West Poker Run, LLC
covering Phil Peterson's 40'h Key West Poker Run in September 2012 in an
amount not to exceed $50,000, DAC 1,
FY 2012 Event Resources and $7,500,
DAC 11, FY 2012 Event Resources.
Contract Manager- Maxine Pacini
3523
TDC # 3
(Name)
(Ext.)
(Department/Stop
iforBOCCmeetingon— k,1111
Agenda Deadline
/914-/I1
CONTRACT COSTS
Total Dollar Value of Contract: $ 57,500 Current Year Portion: $
Budgeted? Yes® NoF-1 Account Codes : 117-77030-530340-TS27-625�-X- 30340
Grant: $ 115-75360-530340-TM25-625-X-530340
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
D el
Needed P reviewer
Division Director
J�/V/l
YesF-1 Nol:!I�
Risk Manage nt
YesD No[D--/
O.M.B./Purc0asing
T'
I ctrK
YesF� NoFj
q fill,
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19
County Attorney
i
Yes❑ No -----,C-._Hall
Comments:
OMB Form Revised 2/27/01 MCP #2
Destination Events Agreement
THIS AGREEMENT (Agreement) is entered into this day of _, 2011
by and between MONROE COUNTY, a political subdivision of the state of Florida (County)
and Phil Peterson's Key West Poker Run, LLC a not for profit business organized and
operating under the laws of the state of Florida (Event Sponsor).
WITNESSETH:
In consideration of the mutual covenants contained herein, the parties agree as follows:
1. The County agrees to pay up to $57,500 (Fifty Seven Thousand and Five
Hundred Dollars - $50,000 - DAC 1; $7,500 — DAC 11) for Phil Peterson's 40 th Key West
Poker Run in September 2012 from tourist development tax funds (see 'Exhibl't Of
this amount, no more than 10% or $5,750 shall be expended on advertising media costs
attributable to in -county placement. 1--a J enarafl non-ailoca-.-ad se'etion -,:�f an avent
'y
owdgeamc t shail not eed 15% of dhe total Budget and be utifized '-Or ,,Anforesaen
permissible iampanditures and ifor those budget 11ines that rnay raquire ,aids l funds.
No amandmian-ts all. Made to r. ibit "C" _--ter aipprov--al ..)f f7,ointsract. A i, L of
Acceatable -.,_::7vent �:olarketing Expenses 'is attached to 1"he agreement as 'Exhibit
2. Scope of Services: The event sponsor agrees to provide the County with an
event as specified below:
a). A four (4) day poker run through the Keys ending in Key West
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. * Payment: Any payments directly to the event sponsor or vendors associated
with said event shall be as follows:
Payment upon presentation of an invoice shall indicate the task completed for
which payment is sought, with proper documentation attached.
Monroe County's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the COUNTY. Only acceptable expenses listed
in the Monroe County Tourist Development Council Operations Manual shall be paid.
5. Accounting: Financial records of the event Sponsor pertaining to this project
shall be kept according to generally recognized accounting principles and shall be available
to the COUNTY or to an authorized representative for audit.
6. Modification: Line item changes to the advertising and promotion budget may
be made up to but not exceeding 10% of the larger line item amount without requiring
COUNTY approval of the particular change.
7. ' 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
Phil Peterson's 40th Key West Poker Run
Destination Event: FY 2012
Contract ID#: 997
1
nonperformance of the agreement terms or negligent performance of the agreement terms by
the event sponsor.
8. Termination: This Agreement will be terminated on March 31, 2013. All
invoices must be submitted prior to March 31, 2013.
9. Non Occurrence of Event: If the event does not take place for any reason
under control of Event Sponsor except for those reasons in paragraph 19, then Event
Sponsor agrees to refund to the COUNTY any amounts already paid to them under this
agreement, and relieve the COUNTY from any further payments.
The event sponsor 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
following specifics: 1) reason for cancellation, 2) documentation of the reason for
cancellation and 3) person authorized to cancel including title and stated affiliation.
10. Indemnification and Hold Harmless: The event sponsor 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 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, except those
losses or damages caused by COUNTY or its agents.
11. Permits: The event sponsor will secure all required permits and licenses and
shall pay all appropriate business taxes.
12. Taxes: The COUNTY and TDC are exempt from Federal Excise and State of
Florida Sales Tax.
13. Finance Charges: The COUNTY and TDC shall not be responsible for any
finance charges,
14. ' Relation of COUNTY/TDC: It is the intent of the parties hereto that the event
sponsor shall be legally considered as an independent Event Sponsor 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 Sponsor, its employees or agents, resulting in
either bodily or personal injury or property damage to any individual, firm, or corporation.
15. ' Disclosure: The event sponsor shall be required to list any or all potential
conflicts or interest, as defined by Florida Statutes Chapter 112 and Monroe County Code,
The event sponsor 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.
16. Assignment: The event sponsor 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.
17. Compliance with laws - Nondiscrimination: The event sponsor, 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.
Phil Peterson's 40th Key West Poker Run
Destination Event: FY 2012
Contract ID#: 997
N
18. Force Maieure: The event sponsor 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 sponsor 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 sponsor
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
clate(s) described in paragraph 1 and Scope of Services.
19. Governing LawNenue: 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 Sponsor agree that venue shall lie in the appropriate court or before the appropriate
administrative body in Monroe County, Florida. This Agreement shall not be subject to
arbitration.
20. Security Protection: The event sponsor agrees to provide adequate security
for the event. No TDC funds will be used for this purpose.
21. Ownership: 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.
22. 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.
23. Logo: Logo Usage guidelines ,are attaChed to .his co.-Ar-.3ct
"S", For 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.
24. Severability: 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.
25. Authority Each of the signatories for the sponsor below certifies and warrants
that:
a) The Sponsor'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
Sponsor and c) this Agreement has been approved by the Sponsor's Governing Board.
26. Ethics Clause: The event sponsor warrants that it has not employed, retained or
other wise 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
Phil Peterson's 40th Key West Poker Run
Destination Event: FY 2012
Contract ID#: 997
9
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.
27. Public Entity Crimes: "A person or affiliate who has been placed on the
convicted vendor list following a conviction for public entity crime may not submit a proposal
on a contract to provide any goods or services to a public entity, may not submit a proposal
on a contract with a public entity for the construction or repair of a public building or public
work, may not submit proposals 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 Florida Statutes, for CATEGORY TWO
for period of 36 months from the date of being placed on the convicted vendor list."
28. Notice: Any notice required or permitted under this agreement shall be in
writing and had delivered or mailed, postage prepaid, to the other party by certified mail,
returned receipt requested to the following:
For Grantee: Drew Peterson
19825 South Dixie Highway
Cutler Bay
Florida, 33157
For Grantor: Lynda Stuart
Monroe County Tourist Development Council
1201 White Street, Suite 102
Key West, FL 33040
And
Cynthia Hall, Asst. County Attorney
P.O. Box 1026
Key West, FL 33041-1026
29. Entire Agreement: The parties agree that the Agreement above constitutes the
entire agreement between the COUNTY and event sponsor. Except as provided in
paragraph 6 of this Agreement, this Agreement can never be amended or modified except in
a writing signed by the parties hereto.
Phil Peterson's 40th Key West Poker Run
Destination Event: FY 2012
Contract ID#: 997
0
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year
first above written.
(SEAL)
Attest: Danny L. Kolhage, Clerk
Deputy Clerk
(CORPORATE SEAL)
Attest:
By.
Secretary
Print Name
Date:
OR TWO WITNESSES
Print Name: lvc�e-c
Date:
Phil Peterson's 40 th Key West Poker Run
Destination Event: FY 2012
Contract ID#: 997
f
Board of County Commissioners
of Monroe County
Mayor/Chairman
Phil Peterson's Key West Poker Run, LLC
President
Print Name
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Date:
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Print Name, u
Date:
M0 OE COUNTY ATTORNEY
R !EED ANP T F , *
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Acceptable Event Marketing Expenses for Destination Events
Approved by BOCC 4/20/11
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. 01/22/92
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 found in Section 11 of the
Operations Manual 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. 5/19/10
DESTINATION EVENTS: Destination events as defined under Section IV -A of the
Operations Manual will be paid as per the scope of services within the contract and those
acceptable items/expenses listed below. Destination events may utilize up to 10% of their
approved line item budgets for in -county hard media and public relations. A general non -
allocated line item is not to exceed 15% of the total budget and can only be utilized for
Phil Peterson's 40th Key West Poker Run
Destination Event: FY 2012
Contract ID#: 997
1.1
R
acceptable TDC items as listed in this section. There cannot be more than a 10% deviation
on the approved line item budget.
Media Placement & Production Costs: newspaper; magazines, radio; TV; website/internet
advertising only
Promotional Signs: posters and banners
Promotional Items: T-shirts; hats; jackets; koozie cups. Refer to Sales/Resale statement in
Section 11 of the Operations Manual.
Direct Mail Promotions: brochures and pamphlets including postage/shipping. This is a
direct mail promotional brochure/pamphlet utilized for pre -event advertising.
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 (PR): Print and broadcast public relations materials for distribution to media,
such as but not limited to press releases, public service announcements, photography to be
utilized in PR releases and video news releases as approved by the public relations agency
of record. Only permissible PR material produced by the agency of record and/or a
professional public relations agency shall be acceptable. BOCC 7/21/10
In -House Production: In-house production of any permissible expenditures will not be
considered for reimbursement. BOCC 7/21/10
Event Promotions: TDC funding is intended for promotion of events as opposed to the
ongoing programs of an organization or promotion of the facility. TDC will only consider
reimbursement of advertising and promotional materials that highlight the event versus the
regular programming of an organization or facility. BOCC 7/21/10
Items that have not been approved by the appropriate agency of record prior to
prod uction/placement shall not be considered for reimbursement/direct payment. BOCC
7/21/10
' 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
SALE/RESALE OF TDC FUNDED ITEMS: Items funded, including creative and resulting
work product, by the IBOCC/TDC, in accordance with Florida Public Records Law, are owned
by the BOCC/TDC and as such may not be sold. 09/14/94
Phil Peterson's 40th Key West Poker Run
Destination Event: FY 2012
Contract ID#: 997
7
Logo/Acknowledgement Usage Guidelines For Destination Events Funded
From Multiple Districts
BOCC 4/21 /10
Color ads four (4) color processing printing 06/12/91
Black & white ads shall include the Florida Keys and Key West logo in PMS black. 06/12/91
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"
Trophies: Logos are not required on trophies.
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
FloriddKeysz-
& Key est
comedS YOU dre
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
Out -of -County Logo
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.
T6
Florida Keys
& Key est
., 0 0 0 COMe dS YOU are
Phil Peterson's 40th Key West Poker Run
Destination Event: FY 2012
Contract ID#: 997
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
DESTINATION EVENT BUDGET
BUDGET BREAKDOWN
line items listed below must be approved` by the appropriate agency of record
There will be no amendments to this budget (Exhibit C) after BOCC approval of Agreement
FISCAL YEAR 2012
EVENT NAME: Phil Peterson's 40th Key West Poker Run
MEDIA PLACEMENT & PRODUCTION COSTS: newspaper, radio, magazines,
TV, websitelinternet advertising only $42,000
PROMOTIONAL SIGNS: posters/banners $500
PROMOTIONAL ITEMS: t-shirts, hats, jackets, koozie cups $
DIRECT MAIL PROMOTIONS: brochures/pamphlets/
postage & shipping $12,000
PROGRAMS: $3,000
PUBLIC RELATIONS $
*GENERAL NON -ALLOCATED $
TOTAL: $57,500
*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