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Item D3&RD OF COUNTY COMMISSIOPRS AGENDA ITEM SUMMARY Meetin Date: DECEMBER 12, 2012 Division: TDC Bulk Item: Yes X No Department: Staff Contact Person/Phone Maxine Pacini 296 -1 _5` 5 2 ------- . ............................. ................ AGENDA ITEM WORDING: Approval of an Amendment to A with Charlie's Coconuts, LLC coverin the Coconuts Dolphin Tournament to extend termination date for submission of invoices to Januar 31, 2013. _0351 KS 4,11 ILI Aet - ) 3 PREVIOUS RELEVANT BOCC ACTION: BOCC approved ori a at their meetin of October 19, 2011 CONTRACT/AGREEMENT CHANGES. Amendment to extend termination date for submission of invoices STAFF RECOMMENDATIONS: Approval TOTAL COST: $11 BUDGETED: Yes _X No COST TO COUNTY: $1.1,500 SOURCE OF FUNDS: REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year APPROVED BY: Count Att X 0, /Purchasin X Risk Mana DOCUMENTATION'. Included X Not Re K . 1 ► AGENDA ITEM # Revised 11006 0 0 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS V mar .,74 Contract with: Charlie's Coconuts, LPL C Contract # TDC ID#: 880 Effective Date: 10/19/11 Expiration Date: 1 /31 / 1 '3 Contract Purpose/Description: val of an Amendment to Agreement with Charlie's Coconuts. LLC coverimz the Coconuts Dolphin Tournament to extend termination date for submission of invoices to Janu 31, 2 Contract Mana Maxine Pacini 3 5 2.3 (Name) for BOCC meetin on 10/19/11 ( txt. ) TDC # 3 (Department/Stop #) A Deadline: 10/4/11 CONTRACT COSTS Total Dollar Value of Contract: $ 1 1,500 Bud Yes Z No F Account Codes: Grant: $ Count Match: Estimated On Costs: $ (Not included in dollar value above Current Year Portion: $ 115-75022-530340-TF25- 075-X-530480 115-75022-530340-TF25- 075-X-530410 ADDITIONAL COSTS I For: (e maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Chan Date Out tt � �g /ice Z I&W Comments: OMB Form Revised 2127/01 MCP #2 0 0 AMENDMENT (1st AMENDMENT) TO AGREEMENT THIS AMENDMENT to agreement dated the day of and between the Board of County Commissioners for Monroe County, Development Council, and Charlie's coconuts, LLC ( "Event Sponsor ") 2012, is entered into by on behalf of the Tourist WHEREAS, there was an agreement entered into on October 19, 2011 between the parties, awarding $11 ,500 to Charlie's Coconuts, LLC for the Coconuts Dolphin Tournament in May, 2012; and WHEREAS, event was produced according to the timetable set forth in the agreement, however, it has become necessary to extend the termination date to allow time for payment of invoices that were submitted after the termination date, 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: County shall pay a sum not to exceed $11 ,500 (Eleven Thousand and Five Hundred Collars) for promotion and related expenditures effective October 19, 2011, as described in the event budget, attached to original agreement as Exhibit "D ", for production of the coconuts Dolphin Tournament in May, 2012 "Event "). No amendments shall be made to Exhibit "D" after approval of contract. Payment ent will be made only after Event Sponsor submits invoices and support documentation acceptable to the County's Finance Department by January 31, 2013. The advertising and promotion budget for County funding may be altered as to the individual line items, or components, within 10% of the amount stated for that item or component, without increasing the total dollar amount and without requiring a written amendment to this agreement. The general non - allocated section of the Event budget shall not exceed 15% of the total budget and may be utilized for unforeseen allocable expenditures and for those budget lines that may require additional funds, according to county guidelines. Monroe County's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the County. 2. All references within the original agreement to the termination date and date of submission for invoices shall be revised to read January 31, 2013. 3. In all other respects, the remaining provisions of the agreement dated October 19, 2011 shall remain in full force and effect. Coconuts Dolphin Tournament D# 880 0 0 IN WITNESS WHEREOF, the parties have set their hands and seat on the day and year first above written. (SEAL) ward of County Commissioners Attest: , Clerk of Monroe County ._...._...___ Deputy Clerk MSyoC /Ch2iRt1aC1 (CORPORATE SEAL) Ctwr1W9 Coconuts, t.LC Attest ar tj a s A ( 1 ) , .. rwmr m �t$m�e (2) (2) Print Name N1 11 1 t 8 0 FUNDING AGREEMENT THIS AGREEMENT is made and entered into b and between Monroe Count Florida, a political subdivision of the State f orida ("Count ), and Charlie's Coconuts, L ("Event Sponsor") on this / Tor'da of — ? 2011. WHEREAS, Florida Ke Fishin Tournaments, Inc., the umbrella or under contract to the Count has recommended to the Monroe Count Tourist Development Council ( hereinafter "TDC" which has endorsed the recommendation, that certain monies be allocated for promotion of .an event b Event Sponsor; and WHEREAS, Event Sponsor has represented and a that it desires and is able to conduct the event; NOW, THEREFORE; in consideration of the mutual promises contained herein, the parties a as follows: 1. Count shall pa a sum not to exceed $11,500 ( Eleven Thousand and Five Hundred Dollars for promotion and related expenditures effective October 19, 2011, as described in the event bud attached hereto as Exhibit I'D", for production of the Coconuts Dolphin Tournament In Ma 2012 ("Evenf). No amendments shall be made to Exhibit I'D"' after approval of contract, Pa will be made onl after Event Sponsor submits 'invoices and support documentation acceptable to the Count Finance Department within ninet ( 90 ) da of the conclusion of the Event. Fundin under this a terminates ninet da after the conclusion of the Event. The advertisin and promotion bud for Count fundin ma be altered as to the Individual line Items, or components, within 10% of the amount stated for that item or component,, without increasin the total dollar amount and without re a written amendment to this a The g eneral non located section of the Event bud shall not exceed 15% of the total bud and ma be utilized for unforeseen allowable expenditures and for those bud lines that ma re additional funds, accordin to Count g uidelines, Monroe Count performance and obli to pa under this a is contin upon an annual appropriation b the Count 2. -In a situation where the Event has to be postponed due to a named storm or hurricane for which the Count orders a visitor and/or resident evacuation order, the Event Sponsor shall have thirt (30) da to provide to Florida Ke Fishin Tournaments, Inc. notice of a new date for the Event, and shall produce the re-scheduled Event within ninet (90) da of the ori date of Event. The rescheduled date shall be authorized, in writin b The Florida Ke Fishin Tournaments, Inc. and forwarded to the Tourist Development Council administrative office to be processed in the form of an Amendment to this A If the Event Sponsor is unable to reschedule the Event, the Event Sponsor shall provide proof of the cancellation bein caused b a named storm or hurricane, and a written statement as to wh the Event cannot be rescheduled. If the Event is cancelled or rescheduled due to a named storm or hurricane for which the Count orders a visitor and/or resident evacuation order, the Count shall pa for promotion or related expenditures of an combination of invoices for the ori event date, and/or the Coconuts Dolphin Toumament Fishin Umbrella Fundin FY 2012 Contfact IDA- 880 0 0 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 fuller understands that funding is obtained from tourist development takes 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 ni nety (90) days of the conclusion of the evert. 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 . counter's Finance Department rules and policies. Event Sponsor shall not be reimbursed nor will Event sponsors vendors be paid directly for an invoices received by the count after . u� � � �. ,,.�� flat of Acceptable Event Marketin 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 counter 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 communi ty 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 attorne )(s fees) which anse 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 counter 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 ansi agreement out of this a reement shall Coconuts Dolphin Toumament Fishing Umbrella Funding FY 20 Contract lam: 880 ki be in accordance with the laws of the state of Florida in the 16th Judicial Circuit for Monroe Count venue shall be in Monroe Count Florida. 8. Event Sponsor shall maintain records pursuant to g enerall y accepted accountin principles for four ( 4 ) y ears after the Event and shall permit Count and its a and emplo access to said records at reasonable times. 9. Count ma terminate this a without cause upon providin written notice to Event Sponsor no less than sixt ( 60 ) da prior to the Event and ma terminate for breach upon providin to Event Sponsor notice at least seven (7) da prior to the effective date of the termination. 10. Event Sponsor is an independent contractor and shall disclose an potential conflicts of interest as defined b Florida Statutes, Chapter 112 and Monroe Count Code, Chapter 2. 11. Event Sponsor warrants that he/she/it has not emplo retained or otherwise had act on his/her/its behalf an former Count officer or emplo in violation of Section 2 or Ordinance No. 10-1990 or an Count officer or emplo in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of the provision the Count ma at its discretion terminate this contract without liabilit and ma also, at its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of an fee, commission, percenta g ift, or consideration paid to the former or present Count officer or emplo 12. A person or affiliate who has been placed on the convicted vendor list followin a conviction for public entit crime ma not submit a bid on a contract to provide an g oods or services to a public entit ma not submit a bid on a contract with a public entit for the construction or repair of a public buildin or public work,, ma not submit bids on leases of real propert to public entit ma not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with an public entit and ma not transact business with an public entit 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 bein placed on the convicted vendor list. B si below., Event Sponsor warrants that he/she/it is not in violation of this paragraph. -2 13. Lo Usa g uidelines are attached to this contract as Exhibit "B". All promotional literature and displa advertisin with the exception of g eneric advertisin must displa the "Florida Ke & Ke West Come As You Are" lo mark ( as per attached lo sample This lo mark was adopted b the TDC and Count in April, 2010. In-Counl Lo o: The logo that includes the "Monroe Count Tourist Development Council" desi is to be utilized in all approved in- count print newspaper ads, ma ads, street banners, posters and other approved si efforts. Radio commercials should include "Brought to you b The Monroe Count Tourist Development Council". To seek approval, clarification and/or lo in electronic format C eps or J p g file contact Sharon Joseph or John Underwood with Tinsle Advertisin at 305-856-6060. Coconuts Dolphin Toumament Fishin Umbrella Fundin FY 2012 Contract ID#.- 880 9 J Out of County Logo The out of county logo does NOT include the "Monroe County Tourist Development Council designation and 's to be utilized in all other efforts including any approved out -of- county print newspaper ads, magazine ads, television commercials, Internet advertisin (banners, buttons, e-mail blasts), d irect mail promot-ions (brochures and pamphlets) and an 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 - 858 -6080, 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. HEREOF, the parties have executed this Agreement, effective the day and year in. Kolhage, Clerk .1 Deputy cleric (CORPORATE SEAL.) Attest: By. Secretary Print Name 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 '_' they are empowered to act and execute the Agreement for the Sponsor, and this Agreement has been approved by the Sponsor's goveming board. Board of county commissioners of Monroe Cou Ma r/C , an -� Charlie's coconuts, LL; -, B. PresidentfEveht SponL'or �t Iwo u jv r *oW Print blame OR Date: 7/7/11 ( Witness Print Name ( Fitness Print Marne ONROC - OUNTY A I I URNE APPR ED TO M: C4)conuts Dolphin Toumament QA' Fishing [Umbrella Funding FY 2012 C Y H 1 A L. H Contraot lf3 #: i TA N T* C U N 1� Y AT T O R N a 0- EXHIBIT A Acceptable Event Marketing Expenses for Fishing Events Approved by BOCC 4/20111 ADVISORY COMMITTEES UMBRELLAS /DISTRICT ADVISORY COMMITTEES1 AND EV NT COORDINATORS' RESPONSIBILITY: It is the responsibility of the Advisory Committees (Umbrella/Distdd Advisory Committees (DAC) and Event Coordinators to keep apprised of all Monroe county Tourist Development council's policies and procedures pertaining to event funding. oimv2 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 V21 /!93 This policy mirrors that of the Board of county Commissioners. socc mm 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. wig 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 reirrmbursementldirect 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). 7/2sv5 Marketing expenses for events held outside Monroe County shall not be reimbursed/direct paid. 5r1W10 CULTURAL.lFISHING UMBRELLA EVENT FUNDING: Any event of a fishing or artisbc/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, Coconuts Dolphin Tournament Fishing Umbrella Funding FY 2012 Contract 1D #• 880 W Will be individuall reviewed b the Umbrella, the applicant and the advertisin relations a of record. There cannot be more than a 10% deviation on the approved line Rem bud No amendments to bud will be permitted after this approval process. 9/14/94 General non allocated line item is not to exceed 15% of the total bud and can onl be utilized for acceptable TDC items listed below. If an Umbrella does not allocate all the funds earmarked for direct event fundin within a district, the remainin funds shall be allocated and utilized to advertise that specific district as recommended b the Umbrella committee. An event receivin fundin under the Umbrella or will not be eli for additional fundin under another TDC event cate 0&14/91 FISHING EVENTS: Procedures for fishin events can be found in the Monroe Count TUC Operations Manual in Section IV-B. Within the Fishin Umbrella events fundin process, the monies received b the event coordinator is to be used within the approved acceptable list of TDC expenses listed below without an restriction as to out-of-count advertisin Media Placement & Production Costs: newspaper; ma radio; TV; website/intemet advertisin only�' Promotional : posters and banners - promotional Items: T-shirts; hats; jackets; koozie cups, trophies/awards ( Fishin g Tournaments onl Refer to Sales/Resale statement in Section 11 of the Operations Manual. Direct Mail Pro brochures and pamphlets includin posta This is a direct ma il promotional brochure/pamphlet utilized for pre-event advertisin at Pro ' TDC will pa for an event pro of listed or schedule of activities and information on the event an amount not to exceed 50% of cost, includin production and printin of pro as outlined in contract bud Public Relations _LPf3):. Print and broadcast public relations materials for distribution to media, such as but not limited to press releases, public service announcements, photo to be utilized in PR releases and video news releases as approved b the public relations a of record. Onl permissible PR material produced b the a of record and/or a professional public relations a shall be acceptable. socc 7/21ilo In-House Production,: In-house production of an permissible expenditures will not be considered for reimbursement. i3occ 7/21/1 o Event Promotions: TDC fundin is intended for promotion of events as opposed to the on pro of an or or promotion of the facilit TDC W101 onl consider reimbursement of advertisin and promotional materials that hi the event versus the re pro of an or or facilit i3occv2vio Coconuts Dolphin Toumament Fishing Umbrella Fundin FY 2012 Contract ID#.- 880 1 W Items that have not been approved b the appropriate a of record prior to prod uction/placement shall not be considered for reimbursement/direct pa BOCC 7/21/10 TROPHIES framed art work,, framed photo en cr and g lass, pla trophies, sculptures (fiber metal, g lass & wood and framed certificates shall constitute a troph All such trophies must include the appropriate information as outlined in the policies ( tournament name, date, and location). 9/14194 For TROPHY reimbursement, Tournament Directors must present the ori invoice of the trophies, a notarized list of winners of the event, and a notarised list of the plates and/or g lass etchin from the en compan M20/03. 2 ADVERTISING THROUGH THE INTERNET: The TDC will pa for Internet advertisin on web sites (banners, buttons, website links and E-mail blasts. Internet advertisin links ma g o to the event website. Lo is re on banners and E-blasts. No pa will be made for development or operation (hostin of website. Bocc 5ti ra/w SALE/RESALE OF TDC FUNDED ITEMS: Items funded, includin creative and resultin work product, b the BOCC/TDC, in accordance with Florida Public Records Law, are owned b the IBOCC/TDC and as such ma not be sold. 049114194 Coconuts Dolphin Tournament Fishin Umbrella Fundin FY 2012 Contract ID#.- 880 7 8 0 EXHIBIT B Lo Usaae Guidelines For Fishin Events BOCC 4/21 Color ads four (4) color processin printin 06/12/91 Black & white ads shall include the Florida Ke and Ke West lo in PMS black. 06/12191 Use on all printed material as listed under the Acceptable Event Marketin Expenses list TV: lo must appear at the conclusion of commercial Hats/t-shirts/jackets/koozie cups: must carr the "The Florida Ke & Ke West" lo Radio Advertis" : loo lo is re All radio announcements must sa "Brou to y ou b the Monroe Count Tourist Development Council" Trophies: Lo are not re on trophies. InmCou_ The below lo that includes the "Monroe Count Tourist Development Council" desi is to be utilized in all approved in-count print newspaper ads, ma ads, street banners, posters and other approved si efforts. Radio commercials should include "Brou to y ou b The Monroe Count Tourist Development Council". To seek approval, clarification and/or lo in electronic format (eps or i p g file), contact Sharon Joseph or John Underwood with Tinsle Advertisin at 305-856-6060. The on � � � St cornem the WAUWMMWWMYH0%9NTC0UN0I Ou ounty L ou The below lo that does NOT include the "Monroe Count Tourist Development Council" desi is to be utilized in all other efforts includin an approved out-of-count print newspaper ads, ma ads,, television commercials, Internet advertisin (banners, buttons, e- mail blasts direct mail promotions ( brochures and pamphlets and an approved promotional items includin pro T-shirts, hats, j ackets and koozie cups. Radio commercials should include "Brou to y ou b The Monroe Count Tourist Development Council". To seek approval, clarification and/or lo in electronic format ( eps or j p g file contact Sharon Joseph or John Underwood at Tinsle Advertisin at 305-856-6060. The on & St • corm a Y M de Coconuts Dolphin Tournament Fishin Umbrella Fundin FY 2012 Contract IDA- 880 I F E'.'e' C FLORIDA KEYS FISH2NG TOURNAMENTS, INC., TOURNAMENT SCHEDULE OF EVENTS FISCAL YEAR 2011 -2012 PRINfi TOURNAAENT NAME • PIS R I p �Pm • Pm Sys _ DA A 2 s � AM Pty A Pm Pm DAY 3 ' ; AM • �� Pm s Pm • �Pm • Pm DAY 4 AM x pm ■ Pv, m Pm LINES IN WATER LIKES CUT OF WATER EVENING EVENT WEIGH-IN OVER OTHER EV ENT LINES IN WATER LINES OUT WATER EVENING EVENT WEIGH-IN OVER OTHER E VENT -- -- - - -- LINES IN W ATER LINES OUT WATER EVENING EVENT WEIGH 4-N OVER OTHER EVENT LINES IN WATER LINES OUT WATER E VENING EVENT WEIGH-IN OVER OTHER EVENT EXHIBIT D MONROE COUNT' TOURIST DEVELOPMENT COUNCIL FISHING UMBRELLA EVENT BUDGET BUDGET BREAKDOWN lire item listed below shell be approved by the appropriate agency of record FISCAL YEAR 2012,.. There will be no amondmenc to this budget (Exhibit D ) after SOC C approval of Agreement SCENT NAME: Coconuts 001ohin Tournament MEDIA PLACEMENT & PRODUMON COSTS: newspaper, radio, magazines, Df, w*baiftfinternet &dv*rt1*N $5.000 PROMOTIONAL 1QNS; riftannora $200 PROMOTIONAL ITEMS.: t -shit ham cketa koozle cue $400 DIRECT MAIL PROMOTION& brochurealparnpht*W !t!W'nq $1 ,400 PROGRAMS: PUBS RELATIONS $ TROPHIES: $3,000 "GENERAL NON-ALLOCATED $1:5w TOTAL: * TOURNAMENTS CANNOT EXCEED MORE THAN 30 of THE TOTAL BUDGET MME TROPHY LINE ITEM EXCEPT WHEN TOUR14AMENTS RECEIVED SPECIAL APPROVAL FROM FKFT, INC BOARD OF DIRECTORS. 3is*7 "GENERAL NON ALLOCATED MAY NOT EXCEED 15% OF THE A13OVE UTILIZED A140 CAN ONLY BE : ACTUAL EXPENDITURES MAY DEVIATE NO MORE THAN 10% FROM THE BUDGETED LINE FTFEMS NOTED MARKETING E)PENSES FOR ANTS HELD OUTSIDE MONROE COUNTY SHALL NOT BE REIMSURSEMIRECT PAID