FY2008 10/17/2007
FUNDING AGREEMENT
THIS AGREEMENT is made and entered into by and between Monroe County, Florida, a
political subdivision of the state of Florida ("County"), and Key West Art Center, Inc. ("Event
Sponsor") on this I"}~day of ()c.fb~ ,2007.
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 $4,000 (Four Thousand Dollars)
effective October 17, 2007 for promotion and related expenditures, as described in the event budget,
attached hereto as Exhibit S, for production of the Old Island Days Art Festival in February
2008. 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. lnvoicina: 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, :2008. 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, 2008, 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, 2008, except that for events with
promotional expenditures incurred between July 1 and September 30, 2008, invoices must be
submitted within ninety (90) days of the conclusion of the event.
Old Island Days Art Festival
Cultural Umbrella Funding FY 2008
Contract 10#: 352
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 prinGiples for four (4) 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/she/it has not
employed, retained or otherwise had act on his/herlits 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 2008
Contract 10#: 352
2
11. J:::pao: All promotional literature and display advertising with the exception of
generic advertising must display the "Florida Keys & Key West Come As You Are" logo/trade mark
(as per attachEld logo sample). This logo/trade mark was adopted by the TDC and County in
December 2006.
In-Countv Loao: 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 Loao: 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, G1arification and/or logo in electronic format (eps orjpg file), contact Emerson Fales or
John Underwood at Tinsley Advertising at 305-856-6060.
12. Insurance Reauirements: 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. FaillJre 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.
Old Island Days Art Festival
Cultural Umbrella Funding FY 2008
Contract 10#: 352
3
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
* $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
witl1li~t~ !'lqual to those of the basic coverage.
:/>. 'se,~,', ",a?, te Liquor Liability policy is acceptable if the coverage is not more restrictive than the
'co~tract~r:~~leral Liability policy.
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Board of County Commissioners
of Monroe County
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Mayor/Chairman
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(CORPORATE SEAL)
Attest:
By.
Print Name
Date:
OR TWO WITNESSES
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(2)
Print Name
Print Name
Date:
Date:
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SUSA.N M. GRI
ASSISTANT C~NTY
Date //J '.;L , -0 7
Old Island Days Art Festival
Cultural Umbrella Funding FY 2008
Contract 10#: 352
In-Countv Lo9.Q.
The
Floridd Keys
-.-
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
Out-oJ-County Loao
The
Floridd Keys
-.-
Old Island Days Art Festival
Cultural Umbrella Funding FY 2008
Contract 10#: 352
5
EXHIBIT A
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
CULTURAL UMBRELLA EVENT
SCHEDULE OF EVENTS
FISCAL YEAR 2008
Name ofE:vent: Old Island Davs Art Festival
A Two Day Art Festival in February 2008
Each Day 10:00 a.m. to 5 :00 p.m.
MONROE COUNTY TOURIST DEVELOPMENT COUNCil
CULTURAL UMBRELLA EVENT BUDGET
BUDGET BREAKDOWN
linl3 items listed below must be approved by the appropriate agency of record
FISCAL YEAR 2008
EVENT NAME:
Old Island Davs Art Festival
MEDIA PLACEMENT I~ PRODUCTION COSTS: newspaper, radio, magazines,
TV, webslte/internet advertising only $3,400.00
PROMOTIONAL SIGNS: posters/banners
$ 100.00
PROMOTIONAL ITEMS: t-shirts. hats, jackets. koozie cups
DIRECT MAIL PROMOTIONS: brochures/pamphlets/
postage & shipping
$ 500.00
PROGRAMS:
PUBLIC RELATIONS
'GENERAL NON-ALLOCATED
TOTAL:
$4,000.00
'GENERAIL NON A1LLOCATED MAY NOT EXCEED 1S% OF THE ABOVE BUDGET.
AND CAN ONLY BE UTILIZED FOR ACCEPTABLE TDC ITEMS.
ACTUAL EXPENDITURES MAY DEVIATE NO MORE THAN 10% FROM THE BUDGETED LINE ITEMS
NOTED ABOVE.
EXHIBIT B
1996 Edition
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 - CULTURAL
Name of Entity:
Name of Event:
Contract for: Services
Address of Contractor:
c/o TDC Att: Maxine
Phone: 305-296-1552
Scope of Work: Advertising and Promotion
Reason for Waiver: Providing funds to promote event onlv.... Minimal exposure to
countv
Policies Waiver will
apply to: Clt'I1(),..,1 Lie; b, 1'")'1
M~~
County Administrator Appeal:
Approved
Not Approved
Date:
Board of County Commissioners Appeal:
Approved
Not Approved
Meeting Date:
Administration Instruction
#4709.2