10/18/2006 Agreement
FUNDING AGREEMENT
THIS AGREEMENT is made and entered into by and between the Board of County
Commissioners of Monroe County, Florida, a political subdivision of the state of Florida, ("County")
and Harry S. Truman Foundation, Inc., a Florida corporation ("Event Sponsor").
WHEREAS, the umbrella organization under contract to the County has recommended to
the Monroe County Tourist Development Council ("TDC"), which has endorsed the
recommendation, that certain monies be allocated for promotion of an event by Event Sponsor;
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
1. Amount County shall pay a sum not to exceed $15,000 (Fifteen Thousand Dollars)
for promotion and related expenditures, as described in the event budget, attached hereto as
Exhibit B, for production of the Harry S. Truman Legacy Symposium & Exhibit: Los Alamos to
the Everglades: Truman's Environmental Legacy on June 7-9, 2007. Payment will be made
only after Event Sponsor submits invoices and support documentation acceptable to the County's
Finance Department. The advertising and promotion budget using County funding may be altered
as to the individual line items, or components, within 10% of the amount stated for that item or
component, without increasing the total dollar amount and without requiring a written amendment
to this agreement. The general non-allocated section of an Umbrella event budget may be utilized
for unforeseen permissible expenditures and for those budget lines that may require additional
funds. Monroe County's performance and obligation to pay under this agreement is contingent
upon an annual appropriation by the County.
2. Duties of Event Sponsor: Event Sponsor shall provide promotion and related
services as described in the Sponsor's application for funding, Exhibit A, attached hereto. All
advertising and public relations services or supervision of advertising and public relations will be
provided through the contracted agencies of the TDC and County.
3. Invoicino: The contracted agencies of record shall receive payment of work in
progress upon submission of documented invoices associated with the event. Event sponsor fully
understands that funding is obtained from tourist development taxes for which the fiscal year ends
September 30, 2007. Event sponsor also understands that the funding process through which this
contract was made available by County requires event sponsors to submit their payment requests
as quickly as possible and to finalize all such requests before the end of the fiscal year, if at all
possible. In order for the tourist development taxes to be utilized most effectively for the purpose
for which they were authorized, attracting and promoting tourism, the budgeting process of the
County requires the event's funding to be concluded in a timely manner. In recognition that the
timeliness of payment requests is of extreme importance to the funding of future advertising and
promotion for the stability of the tourist-based economy, Event Sponsor agrees to submit by
September 30, 2007, 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 30, 2007, except
Harry S Truman
Cultural Umbrella Funding FY 2007
1
that for events with promotional expenditures incurred between July 1 and September 30, 2007,
invoices must be submitted within ninety (90) days of the conclusion of the event.
4. Reimbursement to Countv: Event Sponsor shall reimburse County for any amount of
funds expended by County in connection with an event which does not occur as a result of any act
or omission by Event Sponsor.
5. Indemnification: Event Sponsor covenants and agrees to indemnify and hold
harmless Monroe County Board of County Commissioners 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. Should event involve the serving or distribution of
alcoholic beverages, Event Sponsor shall obtain prior to the event a Liquor Liability insurance
policy naming Monroe County as a co-insured.
6. Records: Event Sponsor shall maintain records pursuant to generally accepted
accounting principles for three (3) years after the event and shall permit County and its agents and
employees access to said records at reasonable times.
7. Termination: County may terminate this agreement without cause by providing
written notice to Event Sponsor, through its officer, agent, or representative, no less than sixty (60)
days prior to the event and may terminate for breach upon providing to Event Sponsor, through its
officer, agent or representative, notice at least seven (7) days prior to the effective date of the
termination. Notice is deemed received by Event Sponsor when hand delivered, delivered by
national courier with proof of delivery, or by U.S. mail upon verified receipt or upon the date of
refusal or non-acceptance of delivery.
8. Conflicts: Event sponsor is an independent contractor and shall disclose any
potential conflicts of interest as defined by Florida Statutes, Chapter 112 and Monroe County
Code, Article XXI.
9. Non-Collusion: By signing below, Event Sponsor warrants that he/shelit has not
employed, retained or otherwise had act on his/her/its behalf any former County officer or
employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in
violation of Section 3 of Ordinance No. 10-1990. For breach or violation of the provision the
County may, at its discretion terminate this contract without liability and may also, at its discretion,
deduct from the 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.
10. Public Entities Crimes: A person or affiliate who has been placed on the convicted
vendor list following a conviction for public entity crime may not submit a bid on a contract to
provide any goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit bids on
leases of real property to public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017, for
Harry S Truman
Cultural Umbrella Funding FY 2007
2
CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor list.
11. Loqo Requirement: All promotional literature and advertising must display the
"The Florida Keys & Key West, Monroe County Tourist Development Council, Come as You
Are", logo/trade mark adopted by the TDC and County on November, 2000, (as per attached).
Radio Advertising shall quote, "Brought to you by the Monroe County Tourist Development
Council". No reimbursement or direct payment will be considered unless this logo/trade mark
or slogan is utilized.
12. 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 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:
*
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 BOCC 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 "Additional Insured" 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:
Harry S Truman
Cultural Umbrella Funding FY 2007
3
*
$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
* $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.
IN WITNESS WHEREOF, each~arty has caused th~~ment to be executed by its
duly authorized representative, the I '"et-... day of 6(' 2006.
(SEAL)
Attest: Danny L. Kolhage, Clerk
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De uty Clerk
(CORPORATE SEAL)
Board of County Commissioners
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Print Name
OR TWO WITNESSES
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Print Name
Print Name
MONROE COUNTY ATTORNEY
APPROVED AS 0 FORM:
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Harry S Truman
Cultural Umbrella Funding FY 2007
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4
SUSAN M. IMSLEY
ASSISTANT COUNTY ATTORNEY
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EXHIBIT A
(
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
CULTURAL UMBRELLA
SCHEDULE OF EVENTS
FISCAL YEAR 2007
EVENT NAME: Harry S Truman Legacy Symposium & Exhibit
Los Alamos to the Everglades: Truman's Environmental Legacy
List scheduled event activities in date order. If pre-promotion is included. indicate the event
dates of the next season. If funded, funds will be reimbursed only for the promotion of event
activities listed here.
On Thursday, June 7, the National Archives Southeast and Truman
Presidential Library will host a workshop/ continuing education
presentation at Florida Keys Community College on using the holdings of
the National Archives for research in environmental and conservation
studies especially the Everglades. This class is tentatively scheduled as
a 3 hour presentation and may be covered by C Span. We hope to have it
funded by the Florida Humanities Council and thus it would be free to any
interested participants from high school, college or continuing educate or
just environmentally interested citizens.
(
On Friday night, an opening reception will be hosted at the Harry S Truman
Little White House State Historic Site and the key note address will set
the theme of the conference. Truman family and staff are expected to
attend and following the reception free house tours will be offered.
Christine Todd Whitman, former Environmental Protection Agency
Administrator and Governor of New Jersey will give the keynote address.
Saturday, June 9 the lecture/ presentations begin at 9:00 am and include a
number of scholars and environmental experts that will conduct panel
discussions at Tennessee Williams Fine Art Center on the campus of
Florida Keys Community College. At noon, Michael Grunwald of the
Washington Post and recipient of the National Sierra Club's David Brower
Award and author of a history of the Everglades is scheduled to give
Saturday's keynote address.
A luncheon reception will follow at 2pm.
While not yet formalized, we are looking at the possibility of a side trip
either on Wednesday or on Sunday to the Everglades. This would extend the
stay of participants another day in the Keys. Sonny Bass, Chief Biologist
of the Everglades Park, would be ask to guide our group.
June to May -announcements and press releases will be sent out as teasers to encourage
readers to visit our website. Tickets will be available through Keystix.com beginning in
January.
Monroe County Tourist Development Council Cultural Umbrella Application
(
We will continue to ask C-Span and educational cable networks to cover our conferences, both
for television and radio. C-Span radio and Florida Educational Television have recorded past
events. Seminole Broadcasting broadcast the Native Americans Symposium to the Seminole
Tribe of Florida and are making the conference available to Florida schools.
Posters, rack cards and invitations should be available in March. We will mail these throughout
South Florida to colleges, universities, etc. We hope the Everglades Park will display our
information to their thousands of visitors. We will also be approaching the Tropical Audubon
Society for support.
PUblic radio advertising and newsprint in South Florida will run in mid May.
All conferences are video taped and transcribed. Truman State University Press publishes a
book each year on previous conferences. Our contract is for at least five volumes. While they
sell through academic channels, they are a major university publisher and the books are
available at Barnes and Nobles or Amazon.com. These volumes encourage repeat visitorship.
On Thursday, June 7, the National Archives Southeast Region and Truman Presidential
Library will host a WOrkshop and continuing education presentation at Florida Keys Community
College on using the holdings of the National Archives for research in environmental and
conservation studies especially the Everglades. This class is tentatively scheduled as a 3 hour
presentation and may be covered by C Span. We hope to have it funded by the Florida
Humanities Council and thus it would be free to any interested partiCipants from high school,
college or continuing educate or just environmentally interested citizens.
(
On Friday night, an opening reception will be hosted at the Harry S Truman Little White House State
Historic Site and the key note address will set the theme of the conference. Truman family and staff are
expected to attend and fOllowing the reception free house tours will be offered. Christine Todd
Whitman, former Environmental Protection Agency Administrator and Governor of New
Jersey will give the keynote address.
Saturday, June 9 the lecture/ presentations begin at 9;00 am and include a number of scholars and
environmental experts that will conduct panel discussions at Tennessee Williams Fine Art Center on the
campus of Florida Keys Community College. At noon, Michael Grunwald of the Washington
Post and recipient of the National Sierra Club's David Brower Award and author of a
history of the Everglades Is scheduled to give Saturday's keynote address.
A luncheon reception will follow at 2pm.
While not yet formalized, we are looking at the possibility of a side trip either on Wednesday or
on Sunday to the Everglades. This would extend the stay of partiCipants another day in the
Keys. Sonny Bass, Chief Biologist of the Everglades Park, would be ask to guide our group.
IF FUNDED, EXHIBITS A AND B WILL BECOME PART OF YOUR CONTRACT AND TRANSMITTED TO THE
OFFICE OF THE CLERK OF THE COURT.
Monroe County Tourist Development Council Cultural Umbrella Application
EXHIBIT B
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
CUL TURAL UMBRELLA EVENT FUNDS
BUDGET
FY 2007
Name of Event: Harrv S Truman Le!!acv Svmposium & Exhibit
Media Advertising
$11,000
Brochures, Posters, Programs
$ 1,250
Direct Mail & Postage
$ 250
Photo Enlargement Exhibit
$1,250
Miscellaneous
$1,250
Total:
$15,000
Miscellaneous may not exceed 15% of the above budget
Actual expenditures may deviate no more than 10% from this budget
The maximum request is $25,000
Funds are paid on a reimbursement basis
All print and television materials must display the current TDC 10 go
All broadcast advertising placed outside Monroe County must include the line "sponsored in part by
the Florida Keys and Key West"
All broadcast advertising placed inside Monroe County must include the line "sponsored in part by
the Monroe County Tourist Development Council"
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MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
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MONROE COUNTYTOURIST DEVELOPMENT COUNCil
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MONROl COUNTY TOURIST DlVlLOPMlNT COUNCIL
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MONROl COUNTY TOURIST DlVfLOPMlNT COUNCIL
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TU[ nORIDA Km & KH wm
MONROl COUNTY TOURIST DlVlLOPMlNT COUNCil
Come as you are@
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MONRDl COUNTY TOURIST DEVELOPMlNT COUNCIl
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TU[ nORIDA Km & KHW[ST
MONROl COUNTYTOURIST DEVElOPMENT COUNCIL
Come as you arc@
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MONROE COUNTYTOURIST DlVlLOPMEN! COUNCil
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MONROl COUNTYTOURIST DlVfLOPMlNT COUNCIl
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MONROl COUNTY TOURIST DfYfLOPMlNT COUNCil
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MONROl COUNTY TOURIST DlvnOPMlNT COUNCIL
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MONRO[ COUNTY TOURIST OmLOPM[NT COUNCIL MONRO[ COUNTYTOURIST O[VnOPM[NT COUNCIL MONRO[ COUNTYTOURIST OmLOPM[NT COUNCIL
Come as you are@ Come as you are@ Come as you are@
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Come as you are@ Come as you are@ Come as you are@
TH[ [lORIDA K[YS & K[Y W[ST
MONRO[ COUNTY TOURIST O[VROPM[NT COUNCIL
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TH[ [lORIDA K[YS &K[YW[ST
MONRO[ COUNTYTOURIST OmLOPM[NT COUNCIL
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TH[ [lORIDA K[YS & K[Y W[ST
MONRO[ COUNTYTOURIST O[VROPM[NT COUNCIL
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TH[ [lORIDA K[YS & K[Y W[ST
MONRO[ COUNTY TOURIST OmLOPM[NT COUNCIL
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MCTG-3125 New Logo Slick L01
1996 Edltloo
MONROE COUNTY, FLORIDA
Request For Waiver
of
Insurance Requirements
It is requested that the insurance requirements, as specified in the County's Schedule ofInsurance
Requirements, be waived or modified on the following contract
Contractor: See Event Attachment
:-IameofEntity: J:Jztr(~ S. TrumCtn flJundo:lloY) 1/ nc.. . , .
:-IameofEvent: ~ S. TnAJ"YlC.tn ~a:.x SympCJsium -1 [3(YlIb'rf.
L9$ Ai S 17> -the E vac..\ad ..s: Y'l.A..(ha.n'S EnVI (0 nr'n etth)
Contract for: SeIVlces J L...e..tj~
Address of Contractor: C/O TDC Att: Maxine
Phone: 305-296-1552
Scope of Work: Adyertisim! and Promotion
Reason for Waiver: Providing funds to promote eyent only.... Minimal exoosure to
county
Policies Waiver will
apply to: See Attached
Signature of Contractor:
Not Approved
Date:
\e~Ir')-()0
County Administrator Appeal:
Approved
:\'ot Approved
Date:
Board of County Commissioners Appeal:
Approved
:\' ot Approved
\Ieeting Date:
Administration Instruction
#4709.2