Item D1BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: MAY 16, 2012
Bulk Item: Yes X No
Division: TDC
Department:
Staff Contact Person/Phone #:- Maxine Parini
296-1552
AGENDA ITEM WORDING:
Approval to rescind agreement with The Don Hawley Foundation, Inc. covering the Don
Hawley Tarpon Tournament in June, 2012.
ITEM BACKGROUND:
Event coordinator on longer wishes to utilize TDC funds for the event.
PREVIOUS RELEVANT BOCC ACTION:
BOCC approved original agreement at their meeting of October 19, 2011
CONTRACT/AGREEMENT CHANGES:
Rescind
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: S500 BUDGETED: Yes X No
COST TO COUNTY: S500 SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year
APPROVED BY: County Atty N/A OMB/Purchasing N/A Risk Management N/A
DOCUMENTATION:
DISPOSITION:
Revised 11/06
Included X Not Required,
AGENDA ITEM #
Pacini-Maxine
From: CSASUN@aol.com
Sent: Thursday, March 29, 2012 3:29 PM
To: adminasst@fla-keys.com
Subject: Don Hawley Tarpon Tournament
March 29, 2012
Monroe County Fishing Umbrella,
This is an official request to rescind the contract with Don Hawley Foundation,Inc for the Don Hawley
Tarpon Tournament in July 2012.
Charlotte Ambrogio
From: rand rholstead.corn
To: fishnfeverbellsouth.net, csasunaol.corn
Sent: 3/29/2012 3:19:20 P.M. Eastern Daylight Time
Subj: Re: Corp.
To whom it may concern:
Please rescind the TDC contract for the 2012 Don Hawley Tarpon Tournament. We look forward to re applying in
coming years. Thanks for your continued interest and promotion of fishing and tournaments in the beautiful
Florida Keys.
Respectfully,
Rand Holstead
Hawley Tournament Chairman
Rand Holstead
1800 Augusta Drive, Fourth Floor
Houston, Texas 77057
Ter: 713` 850-8400
Fax:(713) 850-8405
rand (cD irholstead.corn
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191TR1i13'M
THIS AGREEMENT is made and entered into by and between Monroe County,
Florida, a political subdivision of the State of Florida ("C and The Don Hawley
Foundation, Inc. ("Event Sponsor") on this 195ay of --- - 31-, 2011.
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 $500.00 (Five Hundred Dollars) for
promotion and related expenditures effective October 19, 2011, as described in the event
budget, attached hereto as Exhibit "13", for production of the Don Hawley Tarpon Tournament
in June, 2012 ("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
Don Hawley Tarpon Tournament
Fishing Umbrella Funding FY 2012
Contract ID#: 893
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
Sponsors 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, 2012. 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 28, 2012. 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 nor 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.
0. 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,
suit, or claim related to this Agreement. Any legal proceedings arising out of this agreement shall
Don Hawley Tarpon Tournament
Fishing Umbrella Funding FY 2012
Contract ID#.* 893
i,e in accordance with the laws • the state • Florida in the 16 th • Circuit for Monroi,-.
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,
Chapter 2.
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,
Florida Statutes, 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. 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 Sharon Joseph or John
Underwood with Tinsley Advertising at 305-856-6060.
Don Hawley Tarpon Tournament
Fishing Umbrella Funding FY 2012
Contract ID#. 893
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.
15.
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
its Agreement has been approved by the Sponsor's governing board.
EREOF, the parties have executed this Agreement, effective the day and year
;olhage, Clerk
Deouty Clerk
(CORPORATE SEAL)
Attest:
By.
Secretary
Print Name
OR
Board of County Commissioners
of Monroe Count
MayolChakWan r,
N 'T1
The Don Hawley Foundation In�,
o
gy
(,a a. O
Preside'ht/Even® S�onsor
Print Name
Date: q ((I (t f
(1) Witness Print Name
(2) Witness Print Name 6 11R, 0C. CC), lu, A i ,y ATTORN,_
PRO QUA T FO
Don Hawley Tarpon Tournament
Fishing Umbrella Funding FY 2012 UCYNTHIIA L. f I A L L
Contract ID#. 893 '_2ISTAN- COUP/TY TOM'f
4 _ - �- ___L�.
- - 1 0 , i * - - 6 - a - 0
Approved •y 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:i 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
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,
Don Hawley Tarpon Tournament
Fishing Umbrella Funding FY 2012
Contract ID#: 893
5
0
will be individually reviewed by the Umbrella,;
agencies • record, There cannot •• more
budget. No amendments to budgets will
General • allocated line item is not to exce
for acceptable TDC items listed below.
e applicant and the advertising/public relations
in a 10% deviation on the approved line item
permitted after this approval process. 9/14/94
15% of the total budget and can only be utilized
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. 08/14/91
FISHING EVENTS: Procedures for fishing events can be found in the Monroe County TDC
Operations Manual in Section IV-B. Within the Fishing 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 without any restriction as to out -of -county advertising.
Media Placement & Production Costs: newspaper; magazines, radio; TV; website/intemet
advertising onV
Promotional Signs: posters and banners
Promotional Items: T-shirts; hats; jackets; koozie cups; trophies/awards (Fishing Tournaments
only)'. 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 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
Don Hawley Tarpon Tournament
Fishing Umbrella Funding FY 2012
Contract ID#. 893
31
J
Items that have not been approved by the appropriate agency of record prior to
production/placement shall not be considered for reimbursement/direct payment. i3occ
7/21/10
' 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). qii4i94 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.
-' 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 BOCUTDC, in accordance with Florida Public Records Law, are owned by the
BOCCfTDC and as such may not be sold. 09/14/94
Don Hawley Tarpon Tournament
Fishing Umbrella Funding FY 2012
Contract ID#. 893
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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. 06/12191
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
Florida Ike s
Key est
...,* COM IU YW 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.
The
floriddKevq .7 #.J
&'KeyVqSt
..,.* come dsyou dre
Don Hawley Tarpon Tournament
Fishing Umbrella Funding FY 2012
Contract ID#.- 893
M
01
[W428116.1
FLORIDA KEYS FISHING TOURNAMENTS, INC.,
TOURNAMENT SCHEDULE OF EVENTS
FISCAL YEAR 2011-2012
Con Hawlay Tarpon lournameZ.-_
DAY I —:—AM LINES IN WATER
PM LINES OUT OF WATER
PM EVENING EVENT
PM WEIGH-IN OVER
PM OTHER EVENT kick off banquet
DAY 2 -5—:
—45—AM LINES IN WATER
PM LINES OUT WATER
PM EVENING EVENT
PM WEIGH-IN OVER
—.—PM
OTHER EVENT
DAY 3
AM LINES IN WATER
PM LINES OUT WATER
PM EVENING EVENT
PM WEIGH-IN OVER
PM OTHER EVENT
DAY 4 -5—:45
AM LINES IN 'RATER
—3—:
PM LINES OUT WATER
PM EVENING EVENT
PM WEIGH-IN OVER
—5-:
PM OTHER EVENT Angler's meeting
N
vcn .'iawltav rarpori T�urn3inent
r)AY 5 -5-:45 AM LINES IN WATER
_3: _PM LINES OUT WATER
PM EVENING EVENT
_3_:_5_PM WEIGH-IN OVER
PM OTHER EVENT
DAY 6
-5-:45 AM LINES IN WATER
-3-: PM LINES OUT WATER
_2M EVENING EVENT
-3-: -S PM WEIGH-IN OVER
-7-:-10 PM OTHER EVENT
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 2012
There will be no amendments to this budget (Exhibit D) after BOCC approval of Agreement
EVENT NAME: Don Hawley Tarpon Tournament
MEDIA PLACEMENT & PRODUCTION COSTS: newspaper, radio, magazines,
TV, websitetinternet advertising only
$
PROMOTIONAL SIGNS: posters/banners
$
PROMOTIONAL ITEMS: t-shirts hats, jackets, koozie cups
$500
DIRECT MAIL PROMOTIONS: brochures/pamphlets/
postage S shipping
$
PROGRAMS:
$
PUBLIC RELATIONS
$
`TROPHIES:
$
"GENERAL NON -ALLOCATED
$
TOTAL:
$500
• 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. 3/5j97
—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 REIMBURSEDIDIRECT PAID