FY2007 10/18/2006
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 Key West Art Center, 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 $5,000 (Five Thousand Dollars) for
promotion and related expenditures, as described in the event budget, attached hereto as Exhibit
B, for production of the Old Island Days Art Festival on February 24-25, 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
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.
Old Island Days Art Festival
Culturai Umbreila Funding FY 2007
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4. Reimbursement to County: 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
CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor list.
Old Island Days Art Festival
Cultural Umbrella Funding FY 2007
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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:
* $1,000,000.00 combined Single Limit (CSL)
*
If split limits are provided, the minimum limits acceptable shall be:
Old Island Days Art Festival
Cultural Umbrella Funding FY 2007
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$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 party has caused th~greement to be executed by its
duly authorized representative, the -I ~" day of {)t ",u.. , 2006.
(SEAL)
Attest: Danny L. Kolhage, Clerk
au .~.~.~
Deputy Clerk
Board of County Commissioners
of Mooro, ~r
Mayor/Chairman
(CORPORATE SEAL)
Key West Art Center, Inc.
Secretary
Attest:
By.
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Print Name
OR TWO WITNESSES
Print Name
MONROE COUNTY ATTORNEY
APPRO D AS TO FORM:
4
N M. GRIMSLE
T COUNTY ATTORNEY
Old Island Days Art Festival
Cultural Umbrella Funding FY 2007
EXHIBIT A
D.
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
CULTURAL UMBRELLA
SCHEDULE OF EVENTS
FISCAL YEAR 2006
EVENT NAME:
Old Island Davs Art Festival
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.
Old Island Days Art Festival
February 24-25, 2007
Exhibitor booths are open 10:00 to 5:00 each day
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
CULTURAL UMBRELLA EVENT FUNDS
BUDGET BREAKDOWN
FISCAL YEAR 2007
EVENT NAME: Old Island Davs Art Festival
BROCHURES, POSTERS, PROGRAMS
DIRECT MAIL & POSTAGE
$ 3,500
$1,000
$ 500
MEDIA ADVERTISING
TOTAL
$ 5,000
ACTUAL EXPENDITURES MAY DEVIATE NO MORE THAN 10% FROM THIE BUDGETED LINE ITEMS
NOTED ABOVE.
THE MAXIMUM REQUEST IS $25,000.00.
FUNDS ARE PAID ON A REIMBURSEMENT BASIS.
ALL PRINT AND TELEVISION MATERIALS MUST DISPLAY THE CURRENT TDC LOGO.
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."
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
Page: 13
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MCTG-3125 New Logo Slick L01
1996 Editioa
MONROE COUNTY, FLORIDA
Request For Waiver
of
Insurance Requirements
It is requested that the insurance requirements, as specified in the County's Schedule of Insurance
Requirements, be waived or modified on the following contract.
Contractor: See Event Attachment
:'olameofEntity: _~y
:'olameorEvent: Old
west Ar + C.errter I I n c. .
IslCUJd DtA..y~ M+- FeshVCLf
Contract ror: Services
Address or Contractor:
c/o TDC Att: Maxine
Phone: 305-296-1552
Scope of Work: Advertising and Promotion
Reason for Waiver: Providing funds to oromote event onlv. . .. Minimal exoosure to
county
Policies Waiver will
apply to: See Attached
Signature of Contractor:
Not Approved
Approved
Risk Management: ----.Jl\
Date:
\e~I:)'O~
County Administrator Appeal:
Approved
:'lot Approved
Date:
Board of County Commissioners Appeal:
Approved
:'lot Approved
:\Ieeting Date:
Administration Instruction
#4709.2