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Item C13BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: ,August 20, 2008 Division: &Vorts Bulk Item: Yes XX No _ Staff Contact Person: Reggie Paros/Pedro Mercado AGENDA ITEM 'WORDING: Approval of Revenue Guaranty Agreement with Hyannis Air Service, Inc, d/b/a Cape Air/Nantucket Airlines to provide Cape Air with a revenue guaranty to provide scheduled air service between Fort Myers, Florida and the Florida Keys Marathon Airport. ITEM BACKGROUND: In the ongoing effort to re-establish commercial air service in Marathon, the County has reached an agreement with Hyannis Air Service, Inc. d/b/a Cape Air/Nantucket Airlines to provide scheduled air service between Fort Myers, Florida and the Florida Keys Marathon Airport in exchange for a revenue guaranty. Half of the Revenue Guaranty Funds ($125,000) are being provided, under separate agreement, by the Florida Keys Airport Initiative, Inc (FKAI). The other half of the funds ($125,000) is being provided by the Florida Keys Marathon Airport operating account. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL, COST: $250 000 BUDGETED: Yes XX No COST TO COUNTY: $125,000 SOURCE OF FUNDS $125,000 from FKAI, $125,000 from the Marathon Airport 403 fund account REVENUE PRODUCING: Yes No XX AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: DISPOSITION: Revised 2/05 Included X Not Required, AGENDA ITEM # CONTRACT STJMDAY Contr=with: Hyannis Air Sire, Tate Contma 4 dba Cape .Aar/ Nantucket Airlines Effective Date: Expiration Date: 12119/200S 4/27/2009 Conti Purps escription- Revenue Guarantee Agreement for air service between Ft. Myem, JL and FKMAP by Cam Air Contract Manager _jSgg'e Pates 6060 Marathon A�P2rt (game) �-) _ (Deparhnent/Stop } for BOCC Ineeting on U20/2008 Agenda Deadline. 8/5/20€18 (Rev. 3/13/2001 Changes �' Date Out yn Needed. Division Dior- �/ w F YesO Now ,,�` Risk Management Yes® Noo O.Ki;-&urchasing Yes© Nab( CountyAttorney _ Yesp Nq d� Comments: Revised 2/27/01 MCP #2 REVENUE GUARANTY AGREEMENT This Revenue Guaranty Agreement (this "Agreement") made and entered into as of the 20`" day of August, 2008, is between Hyannis Air Service, Inc. dba Cape Air,/Nantucket Airlines, ("Cape Air" or "Airline" or "9K") and MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ("Guarantor"). Recitals: Monroe County Board of County Commissions is the government entity operating' the Marathon / Florida Keys Airport. Cape Air is an airline providing scheduled air transportation in the United States. Guarantor desires that Cape Air provide scheduled air service between Fort Myers, Florida (RSW) and the Marathon / Florida .Keys Airport, Florida (MTH), and Guarantor is willing to provide Cape Air with a revenue guaranty for operating such service. In consideration of the revenue guaranty provided by Guarantor, Cape Air is willing to provide RSW-MTH service on the terms and conditions set forth herein.. The parties agree as follows: 1. Definitions: The defined terms set forth below shall have the meanings assigned to them: 1.1 "Average Fare" shall mean the Total Passenger Revenues for the applicable Scheduled Service divided by the number of revenue passengers traveling on such Scheduled Service, for the period of time defined in this contract. 1.2 "Revenue Guarantee per Departure" shall mean the amount specified in Exhibit A multiplied by the number of one way Scheduled. Flights operated as part of the applicable Scheduled Service. 1.3 -"Passenger Revenue" shall mean the ticketed passenger revenue received by Cape Air for the MTH-RSW segment, using Cape Air's usual and customary practices. 1.4 "Scheduled Flip -lit" shall mean each scheduled flight operated on the applicable Scheduled Service during the revenue guaranty period. 1.5 "Minimurn Revenue Amount" (or "Minimum Revenues") shall mean the amount of revenue Cape Air is guaranteed to receive for each flight. The dollar amount shall be specified in Exhibit A. 1.6 "Scheduled Service" shall mean nonstop scheduled, air transportation service by Cape Air between MTH and RSW using nine -passenger Cessna 402 equipment, in accordance with the schedule set forth in Exhibit A. The schedule times and frequency in Exhibit A are approximate and may be adjusted by Cape Air with agreement of Guarantor, with agreement not to be unreasonable withheld, to maximize Fort Myers connections and to accommodate seasonality of traffic demand. 2. Scheduled Service. 2.1 In consideration of the revenue guaranty provided by Guarantor (as ° described in Section 3 hereof) Cape Air agrees to operate the Scheduled Service during the Revenue Guaranty Period defined in Exhibit A. 2.2 Cape Air reserves the right to cancel any Scheduled Flight for any reason, including for weather, maintenance or operational reasons. If a Scheduled Flight lis cancelled, such flight will not be counted for purposes of this Agreement, and passengers, tickets and revenues for such flights will not be included in calculating Average Fare, Minimum Revenues, Passenger Revenues, Scheduled Flight or Scheduled Service. 3. Revenue Guaranty. 3.1 Guarantor has agreed to guaranty that Cape Air will receive the applicable Minimum Revenues for operating the applicable Scheduled Service during the Revenue Guaranty Period, defined in Exhibit A. Upon the completion of the Revenue Guaranty Period, Cape Air will calculate the number of Scheduled Flights operated, Passenger Revenues and Minimum Revenues, and Cape Air will deliver a report summarizing this x data to Guarantor. Cape Air shall issue this operational report within sixty (60) days following the close of the revenue guaranty period. 3.2 If the applicable Passenger Revenues exceed the applicable Minimum Revenue Amount during the revenue guaranty period, then no payment by Guarantor will be due to Cape Air with respect to such Scheduled Service. 3.3 If the applicable Minimum Revenues exceed the applicable Passenger Revenues with respect to such Scheduled Service, then Guarantor shall remit the difference (the "Guaranty Payment") to Cape Air within thirty (30) days of receipt of Cape Air's operational report by electronic fiends transfer. Cape Air's calculation of Scheduled Flights operated, Passenger Revenues and Minimum Revenues in the report shall be binding and conclusive on Guarantor, absent manifcst error. 2 3.4 The Guaranty Payment shall not exceed Two Hundred and Fifty Thousand and 00/100 Dollars ($250,000.00) (the "Guaranty Cap"). 3.5 Cape Air and Guarantor will mutually agree on airfare pricing strategy. 4. Reports. 4.1 On a weekly basis beginning no later than sixty (60) days prior to the start of the Revenue Guaranty Period, Cape Air shall provide Guarantor with a report enumerating advance bookings for the MTH-RSW market, by week of travel. During the Revenue guaranty period, such reports shall include the passenger loads for the Scheduled Flights flown the previous week. , 4.2 On or before thirty (30) days following the end of each month during the' Revenue guaranty period, Cape Air shall provide Guarantor with a statement setting forth, for the market during the applicable month, the following data: Number of revenue passengers flown by day; Passenger Revenues received by Cape Air by day, and; The variance between Passenger Revenues received and the Minimum Revenues for Scheduled Flights operated These figures shall be provided for the prior month and, on an aggregate basis, for all Scheduled Flights operated to date. Cape Air's calculations included in such statements shall be binding and conclusive on Guarantor, absent manifest error. 5. Air Service Marketing Guarantor agrees to support the Scheduled Service with a marketing and promotional effort as outlined in Appendix B. 6. Term and Termination 6.1 This Agreement shall be effective on the first date of Cape Air service, as outlined in Exhibit A, between Marathon and Fort Myers and shall continue until April 27, 2009, however, that either party may terminate this Agreement at any time upon sixty (60) days prior written notice to the other party. The termination of this Agreement, either at its end or prior to its end, shall not affect outstanding rights and obligations. 6.2 Either party may terminate the Agreement upon the occurrence of an "Event of Default." For purposes of this Agreement an "Event of Default" shall be defined as a party's failure to comply with the material terms of this Agreement within thirty (30) days of receipt of written notice from the non -defaulting party. 7. Miscellaneous. 3 7.1 This Agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes all prior agreements and understandings relating thereto. This Agreement may be modified and amended only by a writing signed by the party against whom enforcement of the modification or amendment is sought. All indemnities, agreements and covenants made by any party herein shall survive any termination of this Agreement. d 7.2 Neither this Agreement nor any of the rights or obligations hereunder may be assigned or transferred, by operation of law or otherwise, by either party without the prior written consent of the other party, such consent not to be unreasonably withheld or delayed. Any attempted assignment or transfer without such consent shall be of no force or effect. 7.3 All notices, requests, demands, consents and other communications to or upon the parties to this Agreement shall be in writing and shall be delivered by email, hand or sent by facsimile transmission or other written telecommunication in any such case with mechanical or other proof of delivery or deposited in the mail by first-class registered or certified mail, return -receipt requested, postage prepaid, addressed as follows: Notices to Guarantor: Monroe County Board of County Commissioners Mr. Peter Horton, Director of Airports Key West International Airport 3491 South Roosevelt Blvd. Key West, Florida 33040 Fax: 305 292 3578 Notices to Cape Air: Cape Air / Nantucket Airlines Mr. Andrew Bonney Vice President of Planning 660 Barnstable Road Hyannis, MA 02601 abonney@flycapeair.com Fax: 508-778-1870 or to such other address as may be hereafter designated in writing by the respective parties hereto by notice similarly given. All notices shall be effective upon receipt thereof, provided that absent such receipt, no notice shall be deemed to have been given. 4 7.4 No third party is intended to benefit from, nor may any third party seek to enforce any of the provisions of, this Agreement. T.5 Neither party will be liable for delays or fi%re in its performaee under the Program caused by any act of God, war, strike, labor dispute, work stoppage, substantial reduction of services from any country or region, fire, act of government, or"any other cause, whether similar or dissmular, beyond the control of that. party (any single or combhu lion of such excuses is a "Force Majeure Event"). 7.6 EACH PARTS WAVVES .AND RELEASES THE f)TWUL PARTY FROM ANY AND ALL CLAIMS FOR CONSEQUFIS TIAL DAMAGES, IN CONNECTION VVIM TIIIS AUNT. 7.7 The parties expressly agree that the laws of the State ofFlo€ida will govern this Agreement and the validity, construction, interpretation, and effect of this Agreement, without regard to principles of coufficts of laws_ Each party agrees, that any civil suit or action brought against it as a result of any of its obligations under this Agreement may be brought against it either m the state or federal courts and venue shall lie in Monroe County, Florida, and each party hereby irrevocably submits to the jurisdiction of such courts and irrevocably waives; to the fullest eaaent permitted by law, any objections that it may now or hereafter have to the laying of the venue of such civil suit or action and any claim that such ma suit or avian has been brow& m an inconvenient forum, and each party f rther" agrees that final judgment in any such civil suit or action shall be conclusive and binding upon it and shall be enforceable against it by suit upon such judgment in any court of competent jurisdiction. Fuarther, the parties mutually agree that they will waive trial by jury iQ any action, proceeding or counterclaim brought by either party against the other arising out of or in any way connected with the Agreement_ 7.8 Cape Airs service shall be operated under the Continual Connection brand. As an affiliate of Contimentai Airlines C Contsnental"} Continental has some control over Cape Airs schedule, reservations systermsy revenue manageinent systems and evw which cities may be served with the brand. Cape Air shall use best efforts with Continental to affect the service as described, but Guarantor acknowledges that Cape Air is beholders to Continental on some key matters. Continental's inputs to Cape Air shalt be considered force mujew-e. (Re uainder of Wage Intendonraily Left Blank) 5 8. Relationship of the Parties. For the purposes of this Agreement, neither party shall be deemed to be the agent, partner, employee, joint venture, or fiduciary of the other party. 9. Severability. If any clause or provision of this Agreement shall be held to be invalid in whole or in part, then the remaining clauses and provisions, or portions thereof, shall nevertheless be and remain in full force and effect. 10. Attorney's Fees. If either party hereto shall bring any suit or action against the other for relief, declaratory or otherwise, arising out of this Agreement, the substantially prevailing party shall have and recover against the other party, in addition to all court costs and disbursements, such sum as the Court may adjudge to be reasonable attorneys' fees, at the time such judgment becomes a final judgment, following exhaustion of all appeals. 11. Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the Guarantor and Cape Air and their respective legal representatives, successors, and assigns. 12. Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 13. Claims for Federal or State Aid. Guarantor and Cape Air agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 14. Adjudication of Disputes or Disagreements. Guarantor and Cape Air agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 15. Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, Guarantor and Cape Air agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. Guarantor and Cape Air specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 0 16. Nondiscrimination. Guarantor and Cape Air agree that there will be no discrimination against any person, and it is expressly understood that upon a deten-nination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. Cape Air agrees to comply with all Federal and ; Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88- 352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as, amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse: Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patent records; p Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 17. Covenant of No Interest. Guarantor and Cape Air covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 18. Code of Ethics. Guarantor agrees that officers and employees of the Guarantor recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 19. Public Access. The Guarantor and Cape Air shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Guarantor and Cape Air in. conjunction with this Agreement; and the Guarantor shall have the right to unilaterally cancel this Agreement upon violation of this provision by Cape Air. 7 20. Non -Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the Guarantor and Cape Air in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the Guarantor be required to contain any provision for waiver. 21; Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the Guarantor, when performing their respective functions under this Agreement within the territorial limits of the Guarantor shall apply to the same degree and extent to the performance of such functions and duties E of such officers, agents, volunteers, or employees outside the territorial limits of the County. 22. Legal Obligations and Responsibilities: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon tfe entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the Guarantor, except to the extent permitted by the Florida constitution, state statute, and case law. 23. Non -Reliance by Non -Parties. 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 any third - party claim or entitlement to or benefit of any service or program contemplated hereunder, and the Guarantor and Cape Air agree that neither the Guarantor nor Cape Air or any agent, officer, or employee of either shall have the authority to inform, counsel, or r 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 this Agreement. 24. No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Guarantor in his or her individual capacity, and no member, officer, agent or employee of Guarantor shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 25. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by singing any such counterpart. 8 26. Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. . aI 27. Federal, State and Local Law. Cape Air shall comply with all federal, state, county and local laws, ordinances, rules and regulations now and hereafter in force which may be applicable to the operation of its business at the airport, including the minimum standards for commercial use of the airport, as amended from time to time. 28. Mutual Review. This agreement has been carefully reviewed by Guarantor and Cape Air, therefore this agreement is not to be construed against either party on the basis of authorship. 29, Books, Records and Documents. Cape Air shall maintain, during the Revenue Guaranty Period and for four (4) years thereafter, all books, records, and documents that may be reasonably necessary for Guarantor to verify the accuracy of any statements or reports that Cape Air is required to provide to Guarantor hereunder (collectively, tpe "Records"). Guarantor, acting through its Finance Director or other authorized representative, shall have the right to inspect and audit the Records, provided, any such inspection and audit shall occur during normal business hours and not interfere with the day to day operations of Cape Air. Cape Air retains the right to have one or more representatives present during any inspection or audit by Guarantor. Ten (10) business days notice must be given to Cape Air by Guarantor of its intent to audit the Records to allow Cape Air sufficient time to schedule said presence. Nothing contained within this section waives attorney/client or attorney work product privilege. {Remainder o Page Intentionally Left BlanLc� IN WITNESS WHEREOF, the parties have signed this agreement by their undersigned duly authorized representatives. Hyannis Air Service, Inc. Monroe County Board of County ; Commissioners By: Nan Title: L- By: _ Name: Title: bE COUNTY ATTORN ROV9D AS Tq',VO#t RE GOUt�fY ATTORNEY 01 t Z/O 10 EXHIBIT A: Representative Schedules [To the Agreement between Cape Air and Monroe County Board of County Commissioners] Minimum Revenue Amount MTH-RSW: $ 664.00 per flight subject to adjustment per fuel price adjustment clause below. Revenue Guaranty Period December 19 2008 to April 27 2009 Winter Schedule Depart MTH 7:1 OAM arrive RSW 8:1 OAM Daily. Cape Air and Guarantor will work Depart MTH 12:50pm arrive RSW 1:50PM Daily together to adjust schedules to Depart MTH 3:45PM arrive RSW 4:45PM .Daily demand and in accordance with other airline schedule changes at Depart RSW 11:30AM arrive MTH 12:30PM Daily Fort Myers. Depart RSW 2:1OPM arrive MTH 3:IOPM Daily Depart RSW 7:20.PM arrive at MTH 8:20PM Daily Note: Cape Air will make its best efforts to schedule MTH — RSW flights as online thru or online connection flights to and from Tampa via existing Cape Air service Fort Myers — Tampa. Timing and frequency shown is representative. Fuel Price Adjustment Clause - In order to reflect fuel price variations on the cost of operating Cessna 402 aircraft, the per -segment guarantee will be adjusted monthly as follows: A base all -in fuel price of $4.20 USD per gallon is established as the base cost upon which the $664 per flight total cost is computed. Fuel burn between RSW and MTH is 36.5 gallons per flight segment operated. On a monthly basis, Cape Air will adjust the per flight minimum revenue per flight amount upward or downward based on the actual price paid for fuel that month minus $4.20 times the 36.5 times the number of segments flown. Example 1 = Fuel price for the month $5.00 minus base price of $4.20 equals $.80 cents x 36.5 gallons equals $29.20 additional cost or a revenue target for that month of $693.20 per flight. Example 2 = Fuel price for the month $4.00 minus base price of $4.20 equals $.20 x 36.5 gallons equals $7.30 lower cost or a revenue target for that month of $656.70. 11 EXHIBIT B: Scheduled Service Markctin Plan [To the Agreement between Cape Air and Monroe County Board of County Commissioners] Marathon Marketing Cooperation Plan Station Presence — Signage • Cape Air or Continental Connection signage at counter, gate and any other advantageous locations at airport • Banner(s) production — creative from 9K and/or Continental Airlines • Duratran or signage opportunities by baggage claim • Review of street signage to Marathon Airport, and changes as needed Press Releases • Media support and work on press releases pre- and post -launch in conjunction with 9K Director of Communications Direct Marketing • Access to, and distribution of, 9K information via airport customer database Online i' • 9K presence on homepage or 2"d level of any airport and airport affiliated websites —link to 9K site for online booking Advertising • Suggest a media plan including time frame and budget with most appropriate venues ie print, radio, public access TV, etc. • Cape Air and the Tourism Development Council District AdvisoLy Committee III will each put up $15,000 for advertising and promotion. • Provide local information on who are the key local travel generators and what they are looking for. Target markets for 9K to establish creative • Provide competitive information and performance results Memberships • Provide contact information and recommendations on local chambers and business organizations Community Affairs/Events • Provide local support and presence at appropriate community events/trade shows Updates • Provided weekly updates and review of plans • Provide pricing ideas/recommendations 12 District III Advisory Committee Meeting The June 4, 2008 regular meeting of the District III Advisory Committee of the Monroe County Tourist Development Council was called to order by Chairman Mr. Robert Moir at 9:00 a.m. at The Holiday Inn, Marathon. DAC Members Present Were: Mr. Keith Douglas, Ms. Melanie Elder, Mr. George Shattuck, Ms. Vicki Tashjian, Ms. Marilyn Tempest, Mr. Ted Violissi DAC Members Absent Were: Ms. Lynda Berrigan (2"d absence in fiscal year), Mr. Frank Catchpole (2°d absence in fiscal year) TDC Member Present: Ms. Rita Irwin Agencies Present Were: Mr. John Underwood, Ms. Lauren Bernat and Mr. Eric Gitlin — Tinsley Advertising, Ms. Nancy Lucas — Stuart Newman Associates, Mr. Clinton Barras — Florida Keys.com, Ms, Julie Botteri — Web Editor Administrative Staff Present Were: Mr. Harold Wheeler, Ms. Lynda Stuart and Ms. Maxine Pacini Approval of the Agenda and Bulk Items: Ms. Tashjian moved approval of the agenda with the following bulk items: D.1. April 30, 2008 Regular Meeting Minutes D.2. March 25, 2008 TDC Meeting Minutes — FYI E.1. FY 2008' Budget E.2. Three Penny Revenue Report F.1. Monthly Report from SNA G.1. Advertising Update H.1. Smith Travel Research Report - FYI 1.1. Visitor Information Services Report — FYI J.1. Floridakeys.com - FYI Mr. Violissi seconded. Motion passed unanimously. Budget: Mr. Wheeler reminded the new member Melanie Elder to call the administrative office with any questions they may have on the budget. Three Penny Revenue Report: Mr. Wheeler stated that the Three Penny Report for District III was looking more positive. The current report showed that some bed tax dollar arrears were paid dating all the way back to January. Consideration and Action re: FY 2009 Media Plan: The agency presented two options to the DAC for their FY 2009 Media Plan. District If/ Advisory Gommiffee June 4, 2408 Page 2 Ms. Tashjian moved approval of plan B as presented with the understanding that it was contingent on the FY 09 budget, Mr. Violissi seconded. In discussion, Mr. Douglas stated that the Philadelphia area was important. Ms. Tashjian said she approved of the marketing efforts internationally because they had longer blocks of vacation time. Motion passed unanimously. Mr. Wheeler explained that the County's air Service Committee and Cape Air were requesting an amount up to $15,000 of DAC III funds to promote new air service between Marathon and Fort Myers. Cape Air will match the DAC III funding dollar for dollar, making the total marketing and promotional budget $30,000. The TDC generic fund may look at supporting the airline at a later time. Ms. Tashjian said she thought it was the right decision to support them, especially for the season_ Ms. Irwin said it was a good idea to offer support, especially in markets we already advertise in_ Ms. Tashjian moved approval of an amount not to exceed $15,000 from DAC III FY 2009 Marketing efforts, Mr_ Douglas seconded. Motion passed unanimously. Mr. Moir explained that he had asked the agency to propose a use for the FY 2008 Advertising Resources as the money needed to be used by September 30, 2008. The agency proposed advertising in the Orlando newspaper. Ms. Irwin said she liked the idea because people were booking their vacations within a very short planning time. Ms. Tashjian said she had seen more walk in visitors asking for vacation homes than before, and wanting them the same day. Mr. Shattuck moved approval of the agency proposal for use of DAC III, FY 2008 Advertising Resources, Mr. Violissi seconded. Motion passed unanimously. Consideration and Action re: Amendment to Agreement for Marathon SBI Offshore Grand Prix: Mr. Mearns was present to request approval from the DAC to amend the scope of services within their agreement from a 25 boat requirement to an 18 boat requirement. He explained that although there was a lower boat count, the event went very well even with the number of participants down, the number of spectators was impressive. Mr. Moir said he had done an informal poll of hotel owners and managers and although they had not kept track, the event contributed 34 room nights to his property. The Chamber of Commerce reported a small spike in calls to the chamber for the event, and the fliers for the event were taken. Ms. Tashjian spoke of the residual effect from the event, but could only calculate on the high end bed tax income of $2,400. Mr. Violissi reported that restaurants said they have not seen people due to the event. Mr. Wheeler said he did not have a problem amending the agreement for the number of boats, but was disappointed with the number of spectators. He thought the dollars that were spent out of county were helpful, but needed to know how many spectators are District N Advisory Committee June 4, 2008 Page 3 coming to spend nights here. He said only getting a couple of hundred people come from out of town is a concern for the amount of funding. Ms. Tashjian moved approval to amend the agreement with the Middle Keys Events Council, Inc. for the Marathon SBI Offshore Grand Prix from a 25 boat requirement to an 18 boat requirement. Motion passed unanimously. Event Funding Workshop: TDC Administrative staff was available to present a workshop informing interested applicants of the process for applying to FY 2009 Event Funding Resources. No one was present for the workshop. Update re: May 13, 2008 TDC Meeting: Mr. Wheeler updated the DAC on the business that took place during the May 13, 2008 TDC Meeting. General Discussion: Ms. Tashjian informed the DAC that the summer camp for youth needed housing for their instructors. Ms. Irwin reported on the success of the 100 mile "Run the Keys" event in May. There being no further business the meeting was adjourned at 10:15 a.m.