FY2008 10/17/2007 Agreement
FUNDING AGREEMENT
THIS AGFIEEMENT is made and entered into by and between Monroe County, Florida, a political
subdivision of the state of f~h?~ida ("County"). ~t. Paul's Protestant Episcopal Church of Key West, Florida
("Event Sponsor") on this ..lEday of dd0 ,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 $8,000 (Eight Thousand Dollars) effective
October 1, 2007 for promotion and related expenditures, as described in the event budget, attached hereto as
Exhibit B, for production of the Performance at St. Paul's between November 2007 and September 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. Invoicinq: 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 obtaineld 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.
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.
Performance at St. Paul's
Cultural Umbrella Funding FY 2008
Contract 10#: 366
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 properly 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). 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 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
Performance at St. Paul's
Cultural Umbrella Funding FY 2008
Contract 10#: 366
2
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, jackEtts, trophies and koozie cups. Radio commercials should include "Brought to you by The
Monroe County Tourist Development Council", To seek approval, clarification andlor 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 andlor 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 "Requ'est 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 latl~r 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:
. $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,
Performance at St. Paul's
Cultural Umbrella Funding FY 2008
Contract 10#: 366
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~nefFl' l.iability policy.
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IN WI!~ f. ..tfi.}tf~E~~~i the parties have executed this Agreement the day and year above written.
(SE ~. \\~..k Board of County Commissioners
Attes '"' erk of Monroe County
/ ~~Lf~
Mayor/Chairman
(CORPORATE SEAL)
St. Paul' Protestant Episcopal Church of
Key W s , Florida
Attest:
By.
By
preside'lh
7JAV'O /l'. /L.-r
Print Name
Secretary
Print Name
OR TWO WITNESSES W ". II-
(1)~~'7J' ~
SA~/I-Fl J. 1"":>1 t. T
Print Name
Date: "1 / 't- t.{ / f) 7
(2) ~ ~ Q.t.. :~.
Da..;,'J. G: .rCcle~c..jS
Print Name
Date: 7- 2oo.{_. 07
7~'I''''o7
Date:
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
SUSAN M. SLEY
ASS~OU Y AUORNEY
Date l'j #lOo 7
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Performance at St. Paul's
Cultural Umbrella Funding FY 2008
Contract 10#: 366
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In-County Loco
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MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
Out-of-County Loco
The
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Performance at St. Paul's
Cultural Umbrella Funding FY 2008
Contract 10#: 366
5
EXHIBIT A
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
CULTURAL UMBRELLA EVENT
SCHEDULE OF EVENTS
FISCAL YEAR 2008
Name of Event: Performance at St. Paul's
At total of fourteen (14) events between the months of November 2007 and
September 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:
Performance at St. Paul's
MEDIA PLACEMENT & PRODUCTION COSTS: newspaper, radio. magazines,
TV, webslte/lnternet advertising only $ 8,000.00
PROMOTIONAL SIGN!i: posters/banners
PROMOTIONAL ITEM!i: t-shirts. hats. jackets. koozie cups
DIRECT MAIL PROMOTIONS: brochures/pamphlets/
postage & shipping
PROGRAMS:
PUBLIC RELATIONS
"GENERAL NON-ALLO>CATED
TOTAL:
$ 8,000.00
"GENERAL NON ALLOCATED 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 reque'sted 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 - CUL TURAL
Name of Entity: .sf ~I's Proie.r/vf)f Ephcopal C/.1.{-{.fch 0+ Ke.v
. , \,fJes t, r:::L
Name of Event: Peri'or-YVlO-hce at st. PCtLAls
Contract for: Services
Address of Contractor:
C/O TDC Au: Maxine
Phone: ~:05-296-1552
Scope of Work: Advertising and Promotion
Reason f"r Waiver: Providing funds to promote event onlv.... Minimal exposure to
countv
Policies Waiver will
apply to: . (~"1<)(..i Ci{.b, 1;j..;1
Signatnre of Contractor:
====,=~ ~pp;;ed.- "l==:-~===-~ot ~~~rove;==========~~=
Risk Management: j;;:O ,sa" l1J).~j ""T- .),-c'1
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(~-,) ...- C)(,~'..J
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Date:
Connty Administrator Appeal:
Approved
Not Approved
Date:
Board of County Commissioners Appeal:
Approved
Not Approved
Meeting Date:
Administration Instruction
#4709.2