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FY2009 10/15/2008 Agreement 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 St Paul's Protestant Episcopal Church of Key West, Florida ("Event Sponsor") on this I~ day of ~~_, 2008. 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 $4,800 (Four Thousand and Eight Hundred Dollars) effective Octobelr 1,2008 for promotion and related expenditures, as described in the event budget, attached hereto as Exhibit "0", for production of the Performance at St. Paul's between October, 2008 and September, 2009. No amendments shall be made to Exhibit "0" after approval of contract. 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 shall not excreed 15% of the total budget and may be utilized for unforeseen permissible expenditures and for those budget lines that may require additional funds. Monroe County's performance and obligaticl>n 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 Schedule of Events, Exhibit "C", 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: A list of Acceptable Event Marketing Expenses is attached to the contract as Exhibit "A". The contracted agencies of record shall receive payment of work in progress upon submission of docurinented 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, 2009. Event sponsGr also understands that the funding process through which this contract was made available by COUhty 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 SRonsor agrees to submit by September 30, 2009, all invoices and support documentation as required ~y the County's Finance Department rules and policies. Event Performance at St. Paul's Cultural Umbrella Funding FY 2009 Contract 10#: 490 1 -"---'"'.. "---,. ... '_"-'_-'_'_."_"~'_._--,--.- ~'.'- '" Sponsor shall not be reimbursed nor will Event Sponsor's vendors be paid directly for any invoices received by the Cou.,ty after September 30, 2009, except that for events with promotional expenditures incurr~d between July 1 and September 30, 2009, invoices must be submitted within ninety (90) days! of the conclusion of the event. 4. Reimbursement to C~untv: 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, the Tourist Development Council, the 3406 North Roosevelt Corporation (Visit Florida Keys), th~ir officers, employees and agents from any and all claims for bodily injury (including death), pers~nal injury, and property damage (including property owned by Monroe County) and any other los~es, 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 wi~h this agreement. 6. Claims and Venue: f1:vent Sponsor agrees to notify County immediately of any claims suits, or action made again$t the Event Sponsor that is related to the activity under this agreement, and will cooperate with! County in the investigation arising as a result of any action, suit, or claim related to this Agreem~nt. Any legal proceedings arising out of this agreement shall be in accordance with the laws ofi the State of Florida in the 16th Judicial Circuit for Monroe County; venue shall be in Monroe Cbunty, Florida. 7. Records: Event Sponsor shall maintain records pursuant to generally accepted accounting principles for four (4) y,ars after the event and shall permit County and its agents and employees access to said records at reasonable times. 8. Termination: County llI1ay terminate this agreement without cause by providing written notice to Event Sponsor, through itsiofficer, agent, or representative, no less than sixty (60) days prior to the event and may terminate for t)reach upon providing to Event Sponsor, through its officer, agent or representative, notice at least se~en (7) days prior to the effective date of the termination. Notice is deemed received by Event Sponso~ 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. 9. 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. 10. Non-Collusion: By si~ning below, Event Sponsor warrants that he/she/it has not employed, retained or otherwise hadi 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. 10-199d. 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 otherv.(ise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the form~r or present County officer or employee. Performance at Sf. Paul's Cultural Umbrella Funding FY 2009 Contract 10#: 490 2 11. 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. 12. Loao: Logo Usage guidelines are attached to this contract as Exhibit "B". 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-County 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 approv~d signage efforts. Radio commercials should include "Brought to you by The Monroe County Tourist bevelopment 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, clarification and/or Iqgo in electronic format (eps orjpg file), contact Lauren Bernat or John Underwood at Tinsley Advertising at 305-856-6060. 13. Insurance Re uireme ts: Event Sponsor, as a pre-requisite of the Special Event governed by this agreement, shall 0 tain, at its own expense, insurance as specified in this section. Event Sponsor will not be p$rmitted to commence work associated with the Event (including pre-staging of personnel and materilil) 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 baen reinstated or replaced. Event Sponsor shall provide, to the County, as satisfactory evidence of tlhe 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 ~pecify that they are not subject to cancellation, non-renewal, material change or reduction in cov~rage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. Performance at SI. Paul's Cultural Umbrella Funding FY 2009 Contract 10#: 490 3 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 ?II 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 Complet~d 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 Ocqurrence . $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 fori which claims may be reported should extend for a minimum of twelve (12) months following the acc~ptance of work by the County. Should the 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. The Event Sponsor's General Liability Insurance policy shall include Liquor Liability with limits equal to those of the basic co~erage. A separate Liquor Liability policy is acceptable if the coverage is not more restrictive than the Sponsor's General Liability policy. REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK Performance at St. Paul's Cultural Umbrella Funding FY 2009 Contract 10#: 490 4 "--..------".--..---...,.,. 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 ofInsurnnce Requirements, be waived or modified on the following contract. Contractor: See Event Attachment - CUL TURAL N_~,,,,,, ~~P~k/~ 7i-;"9t~ C7"~~ Name of Event: J _Jrz WlI9-N.!... f" _ :y (1, k-I ~ Contract for: Services Address of Contractor: c/o TOC Att: Maxine Phone: 305-296-1552 Scope of Work: Advertisinll anq Promotion Reason for Waiver: Providinll funds to t>romote event only. . .. Minimal eJqlosure to county PoHcles Waiver will apply to: Insurance Requirements outlined within attached contract Signature of Contractor: AP!1a Risk Management: .' 'J J 1 Q Date: _ S- d-1-0R Not Approved County Administrator Appeal: Approved Not Approved Date: Board of County Commissioners Ap!,<,a1: Approved I Not Approved Meeting Date: Administration Instruction #4709,2 J--l)'~ if q'O IN WITNESS WHEREOF, the parties have executed this agreement, effective the day and year first above written. (SEAL) Attest: Danny L. Kolhage, Clerk Board of County Commissioners of Monroe County C?n,f~ De uty Clerk ~j{}~ Mayor/Chairman (CORPORATE SEAL) St. Paul's Protestant Episcopal Church of Key West, Florida Attest: By. Secretary ~/Uu G~rki~eR c> b b Print Name Print Name OR TWO WITNESSES Date: -Z / i tf / {) '1 , y (1 ) (2) Print Name Print Name Date: Date: o M .J ,~ , , L ::c a.. """'" MONROE COUNTY ATTORNEY Af1~:}l?CfJ: YNTHIA L. HALL ASSISTANT COUNTY ATTORNEY Date "1-- q- .20DB C J r-- i (.) ,> t; ':.:~~ ~.~ ti :..: CJ ::'t z .." g C~:l :i=: """ Performance at SI. Paul's Cultural Umbrella Funding FY 2009 Contract ID#: 490 5 -----~.--_.._---_._..-.._-,.". EXHIBIT A Acce ta. Ie Event Marketin Ex enses (Destination urnKey/Cultural/Fishing Events) soee 9120106 ADVISORY COMMITTEES LLAS/DISTRICT ADVISORY COMMITTEES AND EVENT COORDINATORS' RESPONSIBILI It is the responsibility of the Advisory Committees (Umbrella/District Advisory Committees (DAC)) and Event Coordinators to keep apprised of all Monroe County Tourist Development Council's policies and procedures pertaining to event funding. 01/22/92 When DAC event proposals are receiv~d, they will be distributed to DACs for review and recommendations to the TDC. Upon approval of the TDO of any event funding recommendations, a contract will be entered into by the applicant and SOCC. The SOCC has final approval of all contracts. Any Request for Proposal (RFP) respohse received after the specified deadline, as determined within the RFP, will not be accepted. TDC 7/211!13 This policy mirrors that of the Soard of County Commissioners. SOCC 9/8/93 EVENT FUNDING: The TDC has established several categories of events that may receive funding. There are four categories of events that may receive funding from the TDC; Destination Events; Turnkey Events; Cultural Events and Fishing Events. All advertising and promotional items sh,:lIl follow the logo/guidelines for the Monroe County Tourist Development Council. TDC funded items are NOT to be sold. 9/14/94 Only the items listed will be reimbursed tor the described events. All event coordinators will receive a reimbursement/direct payment packet tHat includes an executed copy of the funding agreement. The packet provides guidelines required for reimbursement/direct payment of Acceptable Event Marketing Expenses. No individual applications for Event funding will be considered out of the Two Penny Event Fund other than the Umbrellas (Cultural, Fishing & Divin~). 7/26/95 DESTINATION EVENTS: Destination !!Wents will be paid as per the scope of services within the contract and those acceptable items/expenses listed below. Destination events may utilize up to 10% of their approved line item budgets for in-counlY hard media and public relations. A general non-allocated line item is not to exceed 15% of the total butfget and can only be utilized for acceptable TDC items as listed in this section. There cannot be more than a 10% deviation on the approved line item budget. Media Placement & Production Costs: newspaper; magazines, radio; TV; website/internet advertising only' Promotional Sians: posters and banners Promotional Items: T-shirts; hats; jaCket~; koozie cups. Refer to Sales/Resale statement. ! Performance at St. Paul's Cultural Umbrella Funding FY 2009 Contract 10#: 490 6 Direct Mail Promotions: brochures and pamphlets including postage/shipping. This is a direct mail promotional brochure/pamphlet utilized for pre-event advertising. Proarams: TDe will pay for an event program of listed or schedule of activities and information on the event, an amount not to exceed 50% of cost, including production and printing, of program as outlined in contract budget. Public Relations: Public relations expenses that are approved by public relations agency of record. TURNKEY EVENTS: TurnKey events will be paid based upon the scope of services within the contract. CUL TURAUFISHING UMBRELLA EV~NT FUNDING: Any event of a fishing or artistic/special/dramatic nature shall apply for funding under the! appropriate umbrella organization. Within the Cultural and Fishing Umbrella events funding process, the monies received by the event coordinator is to be used within the a~proved acceptable list of TDC expenses listed below without any restriction as to out-of-county advertising. Each Umbrella shall appropriate a minimum of 30% of the funds of the Umbrella for out-of-county adve~ising and public relations. 70% or the remainder that has not been allocated to the advertising/public relatipns agencies of record within the Umbrellas, shall be allocated by the Umbrella to the applicants for even~ funding. The budget, which is included with the application, will be individually reviewed by the Umbrella, ttile applicant and the advertising/public relations agencies of record. There cannot be more than a 10% dbviation on the approved line item budget. No amendments to budgets will be permitted after this apriroval process. 9/14/94 General non allocated line item is not to exceed 15% of the total budget and can! only be utilized for acceptable TDC items listed below. If an Umbrella does not allocate all the funds earmarked for direct event funding within a district, the remaining funds shall be allocated and! utilized to advertise that specific district as recommended by the Umbrella committee. Any event receiving funding under the Umbrella organization will not be eligible for additional funding under another TDC event category. 08/14/91 CULTURAL EVENTS: Media Placement & Production Costs: n~wspaper; magazines, radio; TV; website/internet advertising onli Promotional Sians: posters and banner$ Promotional Items: T-shirts; hats; jacket$; koozie cups. Refer to Sales/Resale statement. Direct Mail Promotions: brochures and pamphlets including postage/shipping. This is a direct mail promotional brochure/pamphlet utilized fcPr pre-event advertising. Proarams: TDC will pay for an event pr~gram of listed or schedule of activities and information on the event, an amount not to exceed 50% of dost, including production and printing, of program as outlined in contract budget. Public Relations: Public relations expenies that are approved by public relations agency of record. Performance at St. Paul's Cultural Umbrella Funding FY 2009 Contract 10#: 490 7 FISHING EVENTS: Media Placement & Production Costs: newspaper; magazines, radio; TV; website/internet advertising only> Promotional Sians: posters and banners Promotional Items: T-shirts; hats; jackets; koozie cups; trophies/awards (Fishing Tournaments only) '. Refer to Sales/Resale statement. Direct Mail Promotions: brochures and pamphlets including postage/shipping. This is a direct mail promotional brochure/pamphlet utilized for pre-event advertising. Proarams: TDC will pay for an event Rrogram of listed or schedule of activities and information on the event, an amount not to exceed 50% o~ cost, including production and printing, of program as outlined in contract budget. Public Relations: Public relations expenses that are approved by public relations agency of record. , TROPHIES: framed art work, frami9d photography, engraved crystal and glass, plaques, trophies, sculptures (fiberglass, metal, glass & wood) and framed certificates shall constitute a trophy. All such trophies must include the appropriate i~formation as outlined in the policies (tournament name, date, and location). 9/14/94 For TROPHY reimbursement, Tournament Directors must present the original invoice of the trophies, a notarized list of winners 'of the event, and a notarized list of the plates and/or glass etching from the engraving company. 8/20/03. 2 ADVERTISING THROUGH THE IN ERNET: The TDC will pay for Internet advertising on web sites (banners, buttons, website links), and Email blasts. Internet advertising links may go to the event website. Logo is required on banners and E-~Iasts. No payment will be made for development or operation (hosting) of web site. SOCC 5/16/06 SALE/RESALE OF TDC FUNDED ITE~ Items funded, including creative and resulting work product, by the SOCCITDC, in accordance with Florida Public Records Law, are owned by the SOCCITDC and as such may not be sold. 09/14/94 Performance at SI. Paul's Cultural Umbrella Funding FY 2009 Contract 10#: 490 8 EXHIBIT B Lo o/Acknowle Destination ement Usa e Guidelines For Events urnKey/Cultural/Fishing Events socc 12/20/06 Color ads four (4) color processing printing 06/12/91 Black & white ads shall include the Florida Keys and Key West logo in PMS black. 06/12/91 Use on all printed material as listed under the Acceptable Event Marketing Expenses list TV: logo must appear at the conclusion of commercial Hats/t-shirts/jackets/koozie cups: must carry the "The Florida Keys & Key West" logo Radio Advertisina: No logo is required. All radio announcements must say "Brought to you by the Monroe County Tourist Development Council" Trophies: Logos are not required orh trophies, In-County LOl!:o The below logo that includes the "M(:>nroe County Tourist Development Council" designation is to The Floridd Keys &Key~st . . . come os you Me ..- IIONIOf COUNTY 10UlIST IlfVllilIlIIfNTCOUNCll 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 Lauren Bernat or John Underwood with Tinsley Advertising at 305-856-6060, Out-or-County LOl!:o The below logo that does NOT include the "Monroe County Tourist Development Council" The designation is to be utilized in all other efforts including any approved out-of-county print newspaper ads, magazine ads, FI d V t~levision commercials, internet advertising (banners, ori d ~eys buttons, e-mail blasts), direct mail promotions (brochures and ~ \\k pamphlets) and any approved promotional items including & ey est . 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 . . come & you ore Il'f" d/l 'I '. t( . -. approva , can Icatlon an or ogo In e ectronlc ,orma eps or jpg file), contact Lauren Bernat or John Underwood at Tinsley Advertising at 305-856-6060. Performance at SI. Paul's Cultural Umbrella Funding FY 2009 Contract 10#: 490 9 _._.._.__~.__..._.._._ M'_..~_...." In-County Loco The Florida Keys ..- MONROE COUNrv TOURIST DEVELOPMENT COUNCil Out-at-County Loco The Florida Keys ..- Performance at SI. Paul's Cultural Umbrella Funding FY 2009 Contract ID#: 490 10 EXHIBIT C MONROE COUNTY TOURETDEVELOPMENT COUNCIL CULTURAL UMBRELLA SCHEDULE OF EVENTS FISCAL YEAR 2009 EVENT NAME: Performance at St. Paul's To include: · 2 International Jazz Events · Thanksgiving Recital · Chamber Orchestra · Student Recital . Christmas Concert . Classical Event · Classical Pianist · Kaye Stevens Conoert · Black History Month · Flute/Organ Concert . Classical Piano · KWSO Chamber · Artists Weekend . Music of Holy Week . St. Paul's Chorale · Polish Pianist · Summer Jazz MONROE COUNTY TOURIST DEVELOPMENT COUNCIL CULTURAL UMBRELLA EVENT BUDGET BUDGET BREAKDOWN line items listed beiow must be approved by the appropriate agency of record EXHIBIT D FISCAL YEAR 2009 There will be no amendments to this budget (Exhibit D) after BOCC approval of Agreement EVENT NAME: Performance at! 81. Paul's MEDIA PLACEMENT & PRODUCTION COSTS: new!lpaper, radio, magazines, TV, webslte/lntemet advertising only $ 4,300 PROMOTIONAL SIGNS: posters/banners PROMOTIONAL ITEMS: t-shirts. hats. jackets. koozie cups DIRECT MAIL PROMOTIONS: brochures/pamphlets/ postage & shipping PROGRAMS: 500 PUBLIC RELATIONS "GENERAL NON-ALLOCATED TO!TAL: $ 4,800 "GENERAL NON ALLOCATED MAY NOT EXCEED 115% OF THE ABOVE BUDGET. AND CAN ONLY BE UTILIZED FOR ACCEPTABLE TOC ITEMS. ACTUAL EXPENDITURES MAY DEVIATE NO MORE 'THAN 10% FROM THE BUDGETED LINE ITEMS NOTED ABOVE.