10/17/2007 Agreement
FUNDING AGREEMENT
THIS AGFlEEMENT is made and entered into by and between Monroe County, Florida, a political
subqivision of the ~tC\te of Florida ("County"), and South Florida Center for the Arts ("Event Sponsor") on this
12-VLaay of ~-1il bv-- ,2007.
WHEREAS, the umbrella organization under contract to the County has recommended to the Monroe
County Tourist DElvelopment 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 $25,000 (Twenty Five Thousand
Dollars) effective October 1, 2007 for promotion and related expenditures, as described in the event budget,
attached hereto 81S Exhibit B, for production of the Historic Holiday Candle walk and FY 2008 Upper Keys
Concert Series between December 2007 and April 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 thEl 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 pertormance and obligation to pay under this agreement is
contingent upon an annual appropriation by the County.
2. Duties of Event Soonsor: 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. Invoicina: 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 tOllrist 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 elf the event.
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.
South Florida CentE" for the Arts
Cultural Umbrella Funding FY 2008
Contract 10#: 347
1
5. Indemnification: Event Sponsor covenants and agrees to indemnify and hold harmless and
defend Monroe County, its officer, 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. 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 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/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 fel3, 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.
11. Loao: 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 attached
logo sample). TI,is 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 signagEl 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
South Florida Centl1r for the Arts
Cultural Umbrella Funding FY 2008
Contract 10#: 347
2
newspaper ads, magazine ads, television commercials, internet advertising (banners, buttons, e-mail blasts),
direct mail promo1tions (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 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. 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 "Requl9st 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:
. Pmmises Operations
. Products and Completed Operations
. Bla.nket contractual Liability
. Pelrsonallnjury Liability
. Expanded Definition of Property Damage
The minimum limits acceptable shall be:
. $1,000,000.00 combined Single Limit (CSL)
If split limits are plrOvided, 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 WOlrk by the County.
South Florida Cente" for the Arts
Cultural Umbrella Funding FY 2008
Contract 10#: 347
3
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 THEREOF, the parties have executed this Agreement the day and year above written.
(SEAL)
G?:~~~=:Zk
Deputy CIi~rk
Board of County Commissioners
of Monroe County
~ibn&~
(CORPORATE SEAL)
Attest:
South Florida Center for the Arts
Secretary
J? ~
By .- "
.~
L/It.liJ4 L.Lvr d
Print Name
Date: y.;2 - O-r
By.
Print Name
OR TWO WITNESSES
(1)
(2)
Print Name
Print Name
Date:
Date:
MONROE COUNTY ATTORNEY
APPRO\/. AS TO FORM:
,
SUSAN M.
ASSlyNT .,
Date .I
South Florida Cente" for the Arts
Cultural Umbrella Funding FY 2008
Contract 10#: 347
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In-County Loao
The
Floridd Keys
-.-
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
Out-of-County Loao
The
Floridd Keys
-.-
South Florida CentE!f for the Arts
Cultural Umbrella Funding FY 2008
Contract 10#: 347
5
EXHIBIT .A
D.
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
CULTURAL UMBRELLA
SCHEDULE OF EVENTS
FISCAL YEAR 2008
EVENT NAME:
Historic Holiday Candlewalk, 2008 Upper Keys Concert Series, Season Gala
Concert, and the Celtic Spring Celebration.
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.
December 2007
Historic Holiday Candlewalk
January 2008
Artie Shaw Orchestra & The Swing Sisters
January 2008
Arvel Bird and One Nation
February 2008
Puccini's "La Boheme"
February 2008
New Orleans Jazz Celebration with Marcus, Charlie and Joan
March 2008
Stanislaw Drzewiecki
March 2008
Celtic Spring Celebration
TBA (Noy 07 - Apr. 08)
Season Gala Concert
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 FY 2008
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
CULTURAL UMBRELLA EVENT BUDGET
BUDGET BREAKDOWN
line items listed below must be approved by the appropriate agency of record
FISCAL YEAR 2008
EVENT NAME:
South Florida Center for the Arts
MEDIA PLACEMENT & PRODUCTION COSTS: newspaper, radio, magazines,
TV, webslte/lnternet advertising only $ 12,000.00
PROMOTIONAL SIGN!i: posters/banners
$ 500.00
PROMOTIONAL ITEMS,: t.o$hirts. hats, jackets, koozle cups
DIRECT MAIL PROMOTIONS: brochures/pamphletsl
postage & shipping
$ 3,000.00
$ 7,000.00
$ 1,300.00
$ 1,200.00
$ 25,000.00
PROGRAMS:
PUBLIC RELATIONS
'GENERAL NON-ALLOCATED
TOTAL
'GENERAL NON ALLOCATED MAY NOT EXCEED 15'1'. OF THE ABOVE BUDGET,
AND CAN ONLY BE Ul'IUZED FOR ACCEPTABLE TDC ITEMS.
ACTUAL EXPENDITUR,ES 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 - tL T~RAL ~
Name of Entity: 6rn:;;c:l ~_ ~ ~-ci...e
Name of Event: 1/ ~ II ~ ~rzJlz..-. ~()()8 U~ k~
- ,/~ I.U.e
Contract for: services~ Jj;~, ~ ~
Address of Contractor: C/O TDC Qine
Phone: ;\05-296-1552
Scope of Work: Advertising and Promotion
Reason for Waiver: Providing funds to promote event onlv.... Minimal exposure to
countv
Policies VVaiver will
apply to: . tOt'rj')t"i I_;e;i", 1'~1
Signatur" of Contractor:
======== Approvedr y'====.~===== Not ~~~~:~:;==============
Risk Management: ~ ,St L u>>"j <'). ,),v1
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/l19f:1&6uV--
Date:
County Administrator Appeal:
Approved
Not Approved
Date:
Board of County Commissioners Appeal:
Approved
Not Approved
Meeting Date:
Administration Instruction
#4709.2