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Item D1BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: JUNE 20, 2012 Division: TDC Bulk Item: Yes X No Department: Staff Contact Person/Phone #:- Maxine Pacini 296-1552 AGENDA ITEM WORDING: Approval of an Amendment to Agreement with Florida Keys Community Concert Band, Inc. for Pops in The Park, to revise Exhibit C — Schedule of Events to allow for the postponed April concert to be held in May, 2012. ITEM BACKGROUND: PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: Amendment STAFF RECOMMENDATIONS: Approval TOTAL COST: $15,598 BUDGETED: Yes X No COST TO COUNTY: $15,598 SOURCE OF FUNDS: TDC REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year A— " APPROVED BY: County Atty X OMB/Pu(Ajasing X Risk Managemenf� W 'X DOCUMENTATION: DISPOSITION: Revised 11/06 Included X Not Required. AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY I Contract with: Florida Keys Community Concert Band, Inc. Contract 4 TDC ID#: 911 Effective Date: 10/1/11 Expiration Date: 9/30/12 Contract Purpose/Description: Approval of an Amendment to Agreement with Florida Keys Community Concert Band, Inc. to revise Exhibit C — Schedule of Events to allow for the postponed April concert to be held in May, 2012. I Contract Manager I for BOCC Maxine Pacini 3523 (Name) on k-"'. TDC # 3 (Department/Stop I I L Deadline: 4�'449 CONTRACT COSTS Total Dollar Value of Contract: 15,598 Current Year Portion: Budgeted? Yes® No F-1 Account Codes: 117-75011-530340-TC25-449-X-530480 Grant: $ 117-75011-530340-TC25-449-X-530410 County Match: ADDITIONAL COSTS Estimated Ongoing Costs: $ tn For: (Not included in dollar value above) (eg. maintenance utilities, janitorial, safari CONTRACT REVIEW D %n ) Division Director Z, Risk Management JQLi O.M.B./Purc asing5- Changes Needed YesF-1 Nop' YesNot Yesf-] No--" *e ewer Date Out 51ofa County Attorney Yes❑ NoE3--'-----C-. _Hall I Comments: OMB Farm Revised 2/27/01 MCP #2 THIS AMENDMENT to agreement dated the day of 2012, is entered into by and between the Board of County Commissioners for Monroe County, on behalf of the Tourist Development Council, and Florida Keys Community Concert Band, Inc. ("Event Sponsor") WHEREAS, there was an agreement entered into on October 19, 2011 between the parties, awarding $15,598 to Florida Keys Community Concert Band, Inc. for the Pops In The Park between November 2011 and April, 2012; and WHEREAS, it has become necessary to revise Exhibit C of the agreement due to the postponement of the April, 2012 concert due to bad weather, and the fact that this was an outdoor concert, and NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree to the amended agreement as follows: 1. Paragraph 1 of the agreement shall be revised to read as follows: 1. Amount: County shall pay a sum not to exceed $15,598 (Fifteen Thousand, Five Hundred and Ninety Eight Dollars) effective October 1, 2011 for promotion and related expenditures, as described in the event budget, attached hereto as Exhibit "D", for production of the Pops In The Park between November, 2011 and May, 2012. Of this amount, no more than 30% or $4,289 shall be expended on advertising media costs attributable to in -county placement. 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. The advertising and promotion budget using 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 an Umbrella 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. Monroe County's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the County. 2. Exhibit C shall be revised and attached hereto. 3. In all other respects, the remaining provisions of the agreement dated October 19, 2012 shall remain in full force and effect. Amendment #I Pops In The Park ID# 911 IN WITNESS WHEREOF, the parties have set their hands and seai on the day and year first above written. (SEAL) Board of County Commissioners Attest Danny L. Kolhage, Clerk of Monroe County Print Name RIT" OR TWO WITNESSES Print Name Date: Aniendman # I Pops In The Park ID# 911 MayodChairman Florida Keys Community Concert Band, Inc. By. President', Date: Print Name (2) (2) 'c! Print Name Date: MONROE COUNTY ATTORNEY 4�s `-­ M-�- 1 CYNTHI A L. FIALI ASSISTANT Cq1NT` ATTORNEY REVISED Maur-jm MONROE COUNTY TOURIST DEVELOPMENT COUNCIL CULTURAL UMBRELLA SCHEDULE OF ACTIVITIES FISCAL YEAR 2012 EVENT NAME: J-1OPS IN THE PARK: L]st scheduled event activities in Monroe County in date order Activity Month Event Occurs Aurrber of DayA_ Concert Nov, 2011 1 Concert Dec.. 2011 Concert Jan. 2012 Concert 2012 Concert 'Aarch, 2012 Concert--- March, 2012 Concert 'May 'if part of your funding equest for this fiscal year is to promote event activities 'aking pace in the next fiscal year (pre -promotion), then the following rules will apply: 1. Pre -promotion is only allowed for an event taking place during :,he months of October and November. if ;our event takes place after that, you must apply For fending in the next fiscal year. 2. All pre -promotion funding ndirq MUST be spent prior to September 3& of she fiscal year you are runded in. lFor example: if pre -promotion is for a November 7 1h event, you must place that ad and spend the money prior 10 September 30'h. THIS AGREEMENT is made and entered into by and #olitical subdivision of the state of Florida ("Co and Band, Inc. ("Event Sponsor") on this day of between Monroe County, Florida, a Florida Keys Community Concert ,2011. WHEREAS, the umbrella organization under contract to the County has recommended to the Monroe County Tourist Development Council ("TDC"), which has endorsed the recommendation, that certain monies be allocated for promotion of an event by Event Sponsor; NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Amount: County shall pay a sum not to exceed $16,598 (Fifteen Thousand, Five Hundred and Ninety Eight Dollars) effective October 1, 2011 for promotion and related expenditures, as described in the event budget, attached hereto as Exhibit "ID", for production of the Pops In The Park between November, 2011 and April, 2012. Of this amount, no more than 30% or $4,289 shall be expended on advertising media costs attributable to in -county placement. 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. The advertising and promotion budget using 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 an Umbrella 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. Monroe County's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the County. 2. Duties of Event Sponsor: Event Sponsor 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. 3. Invoicing: A list of Acceptable Event Marketing Expenses is attached to the contract as Exhibit "A". The contracted 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, 2012. Event sponsor also understands that the funding process through which this contract was made available by County requires event sponsors to submit their payment requests as quickly as possible and to finalize all such requests before the end of the fiscal year, if at all possible. 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 by September 30, 2012, all invoices and support documentation as required by the County's Finance Department rules and Pops in the Park Cultural Umbrella Funding FY 2012 Contract ID#.- 911 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 30, 2012, except that for events with promotional expenditures incurred between July 1 and September 30, 2012, invoices must be submitted within ninety (90) days of the conclusion of the event. 4. Reimbursement to County: Event Sponsor 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 Sponsor. S. 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. 6. 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, 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 16th Judicial Circuit for Monroe County; venue shall be in Monroe County, Florida. 7. Records: 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. 8. Termination: County may terminate this agreement without cause by providing written notice to Event Sponsor, 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 Sponsor, 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 Sponsor when hand delivered, delivered by national courier with proof of delivery, or by U.S. mail upon verified receipt or upon the date of refusal or non- acceptance of delivery. 9. Conflicts: 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, Chapter 2. 10. Non -Collusion: By signing below, 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 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of the provision the County may, at its discretion terminate this contract without liability and may also, at its discretion, deduct from the Pops in the Park Cultural Umbrella Funding FY 2012 Contract ID#. 911 N 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. 11. Public Entities Crimes: A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 12. Logo: 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, clarification and/or logo in electronic format (eps or jpg file), contact 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 Sharon Joseph or John Underwood at Tinsley Advertising at 305-856-6060. Pops in the Park Cultural Umbrella Funding FY 2012 Contract ID#.* 911 lk 13. 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. WHEREOF, the parties have executed this agreement, effective the day and year first � Kolhage, Clerk Deputy Clerk (CORPORATE SEAL) Attest: By Secretary Print Name OR TWO WITNESSES (1) Print Name Date: Pops in the Park Cultural Umbrella Funding FY 2012 Contract iD#. 911 Board of County Commissioners of Monroe County Ma r/Chairman Florida Keys Community&n4rt Band, Inc. N -n b =-73 -1 J - CD c By j2Uaj ��. CD President Print Name Date: (2 Print Name Date: MON E COUNTY ATTORNEY A IOVE AS T N IA LL ASSIS NCO�UNT�( OATTORNEY Date f- 4 ANIU-111 Acceptable Event Marketing Expenses for Cultural 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. 01/22192 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 7/21193 This policy mirrors that of the Board of County Commissioners. i3occ9/8193 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. 9/14J94 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. 5119/10 CULTURAL/FISHING UMBRELLA EVENT FUNDING: Any event of a fishing or artistic/special/dramatic nature shall apply for funding under the appropriate umbrella organization. Each Umbrella shall appropriate a minimum of 30% of the funds of the Umbrella for generic out - of -county advertising and public relations. 70% or the remainder that has not been allocated to the advertising/public relations agencies of record within the Umbrellas, shall be allocated by the Umbrella to the applicants for event funding. The budget, which is included with the application, Pops in the Park Cultural Umbrella Funding FY 2012 Contract ID#.* 911 9 will be individually reviewed by the Umbrella, the applicant and the advertising/public relations agencies of record. There cannot be more than a 10% deviation on the approved line item budget. No amendments to budgets will be permitted after this approval process. 9/14/94 General non allocated line item is not to exceed 15% of the total budget and can only be utilized for acceptable TDC items listed below. If an Umbrella does not allocate all the funds earmarked for direct event funding within a district, the remaining funds shall be allocated and utilized to advertise that specific district as recommended by the Umbrella committee. Any event receiving funding under the Umbrella organization will not be eligible for additional funding under another TDC event category. 08114191 CULTURAL EVENTS: Procedures for cultural events can be found in the Monroe County TDC Operations Manual in Section IV-C. Within the Cultural Umbrella events funding process, the monies received by the event coordinator is to be used within the approved acceptable list of TDC expenses listed below. Media Placement & Production Costs: newspaper; magazines, radio; TV; website/internet advertising onl Y2 Event producers/coordinators are required to spend no more than 30% of funds on advertising in Monroe County. This includes in -county newspaper, radio, magazines, TV and local (in -county) website/internet advertising. If event producer/coordinator wishes to augment their marketing program with additional in -county placement they may do so utilizing their own resources. The remaining 70% out -of -county advertising budget shall be placed with newspaper, radio, magazines, TV and websites outside of Monroe County. i.e. nytimes.com; chicagotribune.com, etc. The only local (in -county) website/ internet advertising expenditure considered out of the 70% line item to be approved by the advertising agency of record (Tinsley Advertising) shall be the official Monroe County Tourist Development website. (TDC — 1/25/11 and BOCC 2/16/11) 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. Pops in the Park Cultural Umbrella Funding FY 2012 Contract ID#.* 911 0 Public Relations (PRI: Print and broadcast public relations materials for distribution to media, such as • not limited to • releases, public service announcements, photography to •` utilized in •• releases and !•• news releases as approved • 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 7121/10 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 7121/10 Items that have not been approved by the appropriate agency of record prior to production/placement shall not be considered for reimbursement/direct payment. BOCC 7/21/10 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 5116/06 SALE/RESALE OF TDC FUNDED ITEMS: Items funded, including creative and resulting work product, by the BOCC/TDC, in accordance with Florida Public Records Law, are owned by the BOCCITDC and as such may not be sold. 09/14/94 Pops in the Park Cultural Umbrella Funding FY 2012 Contract ID#: 911 Logo/Acknowledgement Usage Guidelines For Cultural Events 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" 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 lcriddKe}�s &Keyyest comedsyou de 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. Pops in the Park Cultural Umbrella Funding FY 2012 Contract ID#.* 911 The Florida Keys & Key A . I .. come ds you dre' H-0 Activity Concert Concert Concert Concert Concert Concert Concert AgnmW '1T­FW1TX_*TE7L'-T@411_I T_ I _1111FATS F_W_E11T11EL0_P?111ErVT_GCRJ WNGPL CULTURAL UMBRELLA SCHEDULE OF ACTIVITIES List scheduled event activities in Monroe County in date order * Month Event Occurs Number Nov, 2011 1 ,Dec., 2011 1 Jan. 2012 1 Feb., 2012 1 .-March, 2012 1 March, 2012 1 April, 2012 1 *If part of your funding request for this fiscal year is to promote event activities taking place in the next fiscal year (pre -promotion), then the following rules will apply: 1. Pre -promotion is only allowed for an event taking place during the months of October and November. If your event takes place after that, you must apply for funding in the next fiscal year. 2. All pre -promotion funding MUST be spent prior to September 30'h of the fiscal year you are funded in. (For example: If pre -promotion is for a November 71h event, you must place that ad and spend the money prior to September 30th. r MONROE COUNTY TOURIST DEVELOPMENT COUNCIL CULTURAL UMBRELLA 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 D) after BOCC approval of Agreement FISCAL YEAR 2012 EVENT NAME: Pops in the Park MEDIA PLACEMENT & PRODUCTION COSTS: newspaper, radio, magazines, TV, website/Internet advertising only $14298 PROMOTIONAL SIGNS: postersibanners $1 100 PROMOTIONAL ITEMS: t-shirts, hats, jackets, koozie cups $ DIRECT MAIL PROMOTIONS: brochures/pamphlets/ postage & shipping $ PROGRAMS: $ PUBLIC RELATIONS $ "GENERAL NON -ALLOCATED $200 TOTAL: $15,598 TDC will only consider reimbursement of advertising and promotional materials that highlight the event versus the regular programming of an organization or facility -See Exhibit A Event producers are required to spend NO more than 30% of funds on advertising IN Monroe County In-house marketing is not a permissible expenditure '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.