Item D13
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: OCTOBER 17,2007
Division:
TDC
Bulk Item: Yes -X- No
Department:
Staff Contact PersonlPhone #: Maxine Pacini
296-1552
AGENDA ITEM WORDING:
Approval of an Agreement with the Greater Marathon Chamber of Commerce covering the Original
Marathon Seafood Festival on March 15-16, 2008 in an amount not to exceed $25,000, DAC III, Event
Resources.
ITEM BACKGROUND:
TDC approved same at their meeting of September 11, 2007 J
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
New Agreement
ST AFF RECOMMENDATIONS:
Approval
TOT AL COST:
$25,000
BUDGETED: Yes ~ No
COST TO COUNTY:
$25,000
SOURCE OF FUNDS:
TDC
REVENUE PRODUCING: Yes -X- No
AMOUNT PER MONTH_ Year
APPROVED BY: County Arty ~ OMB/Purchasing -1L-
Risk Management X
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 11/06
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Greater Marathon Chamber Contract #_ TDC #: 424
Of Commerce Effective Date: 10/17/07
Expiration Date: 9/30/08
Contract Purpose/Description:
Approval of an Agreement with the Greater Marathon Chamber of Commerce covering
the Original Marathon Seafood Festival on March 15-16,2008 in an amount not to
exceed $25,000, DAC III, Event Resources.
Contract Manager: Maxine Pacini 3523 TDC # 3
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 10/17/07 Agenda Deadline 10/2/07
CONTRACT COSTS
Total Dollar Value of Contract: $ 25,000
Budgeted? Yes~ No D Account Codes:
Grant: $
County Match: $
Current Year Portion: $
115-75360-530340- T85M-453X-530340:;(
119-79030-530340- T89S-453-X-530340 ./-
ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Bte}n ~h~~~ ~~Y.
Division Director ~7 YesD No[] ,
Risk Manag~men.t 1Jill] Y esD No~ y. -c - I
(\~ 1n ~/
~, V~ .
O.M:B./Purchasing _ YesD NoD
County Attorney ~ YesD Nog-----
S.Grimslev
Comments:
OMB Form Revised 2/27101 MCP #2
Date Out
Oestination Events Aareement
THIS AGREEMENT (Agreement) is entered into this day of
2007 by and between MONROE COUNTY, a political subdivision of the state of Florida
(County) and the Greater Marathon Chamber of Commerce, a not for profit organization,
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 $25,000 (Twenty Five Thousand Dollars) for
the Original Marathon Seafood Festival on March 15-16,2008 from tourist development
tax funds (See Exhibit A). No more than 10% of the total advertising and promotional costs
paid under this agreement shall be attributable to in-county advertising and promotion.
2. Scope of Services: The event sponsor agrees to provide the County with an
event as specified below:
a). A two day seafood festival
b). Vendors including arts and crafts
c). Boat show exhibits
d). EM (Experimental Air Association) Display
e). Live Entertainment
f). Attractions and rides for children
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.
Upon completion of said event, a financial statement detailing all revenue and
expenses utilizing generally accepted accounting principals shall be prepared, notarized
and submitted by Event Sponsor. The County's contracted public relations firm shall
confirm compliance with the Scope of Services.
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.
Marathon Seafood Festival
FY 2008
Contract #: 424
5. AccountinQ: Financial records of the 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
nonperformance of the agreement terms or negligent performance of the agreement terms
by the event sponsor.
8. Termination: This Agreement will be terminated on September 30, 2008. All
invoices must be submitted prior to September 30, 2008.
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. Insurance Requirements: Event sponsor as a pre-requisite of the Special
Event governed by this agreement, shall obtain, at its own expense, insurance as specified
in this section.
Event sponsor will not be permitted to commence work associated with the Event
(including pre-staging of personnel and material) until satisfactory evidence of the required
insurance has been furnished to the county as specified below. Event sponsor shall
maintain the required insurance throughout the entire duration of the Special Event and any
Marathon Seafood Festival
FY 2008
Contract #: 424
extensions specified in any attached schedules. Failure to comply with this provision may
result in the immediate suspension of the Event until the required insurance has been
reinstated or replaced. Event sponsor shall provide, to the County, as satisfactory evidence
of the required insurance, either:
* Original certificate of Insurance
or
* Certified copy of the actual insurance policy
A certified copy of any or all insurance policies required by this contract shall be filed with
the Clerk of the COUNTY prior to the Event.
All insurance policies must specify that they are not subject to cancellation, non-
renewal, material change or reduction in coverage unless a minimum of thirty (30) days
prior notification is given to the County by the insurer.
Acceptance and/or approval of event sponsor's insurance shall not be construed as
relieving event sponsor from any liability or obligation assumed under this contract or
imposed by law.
The Monroe County Board of County Commissioners, its employees and officials will
be included as "Additionallnsured" on all policies.
Any deviations from these General Insurance Requirements must be requested in
writing on the County form titled "Request for Waiver of Insurance Requirements" and must
be approved by Monroe County Risk Management.
Event sponsor shall furnish the County with a certificate evidencing the
insurance required by this paragraph not later than twenty (20) days prior to the
event.
Prior to commencement of work governed by this contract, event sponsor shall
obtain General Liability Insurance. Coverage shall be maintained through out the life of the
contract and include, as a minimum:
* Premises Operations
* Products and Completed Operations
* Blanket contractual Liability
* Personal Injury Liability
* Expanded Definition of Property Damage
The minimum limits acceptable shall be:
* $1,000,000.00 combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
* $500,000.00 per person
* $1,000,000.00 per Occurrence
Marathon Seafood Festival
FY 2008
Contract #: 424
$100,000.00 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims
Made policy, its provisions should include coverage for claims filed on or after the effective
date of this contract. In addition, the period for which claims may be reported should
extend
for a minimum of twelve (12) months following the acceptance of work by the County.
Recognizing that the work governed by this contract involves the sales and/or distribution of
alcoholic beverages, the Contractor's General Liability Insurance policy shall include Liquor
Liability with limits equal to those of the basic coverage.
A separate Liquor Liability policy is acceptable if the coverage is not more restrictive
than the contractor's General Liability policy.
12. Permits: The event sponsor will secure all required permits, licenses
including but not limited to occupational licenses.
13. Taxes: The COUNTY and TDC are exempt from Federal Excise and State of
Florida Sales Tax.
14. Finance Charqes: The COUNTY and TDC shall not be responsible for any
finance charges.
15. Relation of COUNTYfTDC: 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.
16. Disclosure: The event sponsor shall be required to list any or all potential
conflicts or interest, as defined by Florida Statute 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.
17. Assiqnment: 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.
18. 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
*
Marathon Seafood Festival
FY 2008
Contract #: 424
national origin in the performance of work under this Agreement. This Agreement shall be
subject to all federal, state, and local laws and ordinances.
19. 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 date(s) described in paragraph 1
and Scope of Services.
20. Governinq 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.
21. Security Protection: The event sponsor agrees to provide adequate security
for the event. No TDC funds will be used for this purpose.
22. 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.
23. Media riqhts: 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.
24. Loao: All promotional literature and display advertising with the
exception of generic advertising must display the "Florida Keys & Key West Come As You
Marathon Seafood Festival
FY 2008
Contract #: 424
Are" logo/trade mark (as per attached logo sample). This logo/trade mark was adopted
by the TDC and County in December 2006.
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 Loqo: 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,
trophies 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 orjpg file), contact John Underwood at Tinsley Advertising at 305-
856-6060.
25. 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.
26. 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 Board of Directors.
27. 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 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.
28. 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
Marathon Seafood Festival
FY 2008
Contract #: 424
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, for CATEGORY TWO for
period of 36 months from the date of being placed on the convicted vendor list."
29. 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: Daniel Sa mess
Greater Marathon Chamber of Commerce
12222 Overseas Highway
Marathon, FL 33050
For Grantor: Lynda Stuart
Monroe County Tourist Development Council
1201 White Street, Suite 102
Key West, FL 33040
And
Susan Grimsley, Asst. County Attorney
P.O. Box 1026
Key West, FL 33041-1026
30. Entire Aqreement: The parties agree that the Agreement above constitutes
the entire agreement between the COUNTY and event sponsor.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.
(SEAL)
Attest: Danny L. Kolhage, Clerk
Board of County Commissioners
of Monroe County
Deputy Clerk
Mayor/Chairman
Marathon Seafood Festival
FY 2008
Contract #: 424
09/14/2007 FRIll! 27 . FAX 305 289 0183 IP:eatet' 1:l\8.t'athon ehunbet'
IF'
,.."~
~002/002
(CORPORATE SEAL)
Attest:
Greater Marathon Chamber of Commerce
By"
~'
By ," ~~~-.-'
Pre.!iident j-/J / /1
~S~!?~ {" I-L v/.f!..LI
Print Name
'-I -/tJ -6T
Secretary
Print Name
Date:
Date:
OR TWO WITNESSES
(1 )
(2)
Print Name:
Print Name:
Date:
Date;
Marathon Seafood Festival
FY 2008
Contract #: 424
, ".-' ',~~~
, ) . " H' .1 'e, ;,," '::
In-County Loao
The
Floridd Keys
..-
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
Out-ot-County Loao
The
Floridd Keys
Marathon Seafood Festival
FY 2008
Contract #: 424
..-
EXH I BIT "A"
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
DESTINATION EVENT BUDGET
BUDGET BREAKDOWN
Line items listed below must be approved by the appropriate agency of record
EVENT NAME:
Original Marathon Seafood Festival
MEDIA PLACEMENT & PRODUCTION COSTS:
newspaper, radio, magazines, TV, website/internet advertising only
$ 17,500
PROMOTIONAL SIGNS: posters/banners
$
PROMOTIONAL ITEMS: t-shirts, hats, jackets, coozie cups
$ 3,500
$ 1,500
DIRECT MAIL PROMOTIONS: brochures/pamphlets/postage & shipping
PROGRAMS:
PUBLIC RELATIONS:
*GENERAL NON-ALLOCATED
$
$ 2,500
$
TOTAL
$ 25,000
*GENERAL NON ALLOCATED MAY NOT EXCEED 15% OF THE ABOVE
BUDGET AND CAN ONLY BE UTILIZED FOR ACCEPTABLE TDC ITEMS AS
APPROVED BY THE ADVERTISING AND PUBLIC RELATIONS AGENCY OF
RECORD.
ACTUAL EXPENDITURES MAY DEVIATE NO MORE THAN 10% FROM THE
BUDGETED LINE ITEMS NOTED ABOVE.
Monroe County Tourist Development DestinationfTurnKey Event Application FY 2008