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FY2010 10/21/2009DANNY L. KOLHA GE CLERK OF THE CIRCUIT COURT DATE: October 23, 2009 TO: Lynda Stuart, Office Manager Tourist Development Council ATTN: Maxine Pacini Administrative Assistant FROM: Pamela G. Han ock, At the October 21, 2009, Board of County Commissioners meeting the Board pp ranted approval g and authorized execution of the following Destination Events Agreements for Fiscal Year 2010: Greater Marathon Chamber of Commerce, Inc. covering the Marathon Triathlon. Upper Keys Business Group, Inc. covering Key Largo Independence Celebration. Bauer Restaurant, Inc. covering Key West Songwriters' Festival. Greater Marathon Chamber of Commerce, Inc. covering the Original Marathon Seafood festival. Upper Keys Business Group, Inc. covering Key Largo Food & Wine Festival. Key Largo Merchants Association, Inc. covering the Key Largo Anthing that Floats Race & Regatta. Key Largo Merchants Association, Inc. covering the Key Largo Stone Crab Fest. Phil Peterson's Key West Poker Run, LLC covering Phil Peterson's 3 8th Annual Key West Poker Run. MRM Key West, LLC covering the Key West Food & Wine Festival. Keys Area International Resources, Inc. covering Sombrero Beach Run. Lower Keys Chamber of Commerce, Inc. covering Big Pine and Lower Keys Nautical Flea Market. Premiere Racing, Inc. covering Key West, 2010. Lower Keys Chamber of Commerce, Inc. covering the Big Pine & Lower Keys Island Art Festival. Lower Keys Chamber of Commerce, Inc. covering the Lower Keys Music Festival. Hawk's Cay Resort covering Conchtoberfest. Shoot for the Moon covering Battle in the Bay Dragon Boat Festival. Upper Keys Rotary Foundation, Inc. covering the 3rd Annual Upper Keys Rota Wine Symposium. Rotary Y m p Upper Keys Rotary Foundation, Inc. covering the 1 Sth Annual Gigantic Nautical Flea Market. Domestic Abuse Shelter, Inc. covering the No Name Race. Monroe County Commercial Fishermen, Inc. covering the Fifth Annual Florida Keys Seafood Festival. . Grace Jones Community Center, Inc. covering the National Pig Days 2010. 218 Duval Street Corp. for Fight Night in the Keys -III. Key West Innkeepers Association, Inc. covering the Holiday Inn Tour. Islamorada Chamber of Commerce, Inc. covering the 19th Annual Florida Keys Island Fest. Enclosed are two fully executed duplicate originals of each of the above -mentioned for your handling. Should you have any questions please feel free to contact our office. cc: County Attorney Finance File Destination Events Agreement THIS AGREEMENT (Agreement) is entered into this '�/ za day of 2009 by and between MONROE COUNTY, a political subdivision of the state of Florida (County) and Lower Keys Chamber of Commerce, Inc. a not for profit business organized and operating under the laws of the state of Florida (Event Sponsor). WITNESSETH: In consideration of the mutual covenants contained herein, the parties agree as follows: 1. The County agrees to pay up to $13,900 (Thirteen Thousand and Nine Hundred Dollars) for Lower Keys Music Festival on April 10, 2010 from tourist development tax funds (see Exhibit "C"). No more than 10% of the total advertising and promotional costs paid under this agreement shall be attributable to in -county advertising and promotion. The general non -allocated section of an event budget shall not exceed 15% of the total budget and may be utilized for unforeseen permissible expenditures and for those budget lines that may require additional funds. No amendments shall be made to Exhibit "C" after approval of contract. A list of Acceptable Event Marketing Expenses is attached to the contract as Exhibit "A". 2. Scope of Services: The event sponsor agrees to provide the County with an event as specified below: a). A one day music festival with live musical entertainment; artists and vendors; food & beverage 3. All advertising and public relations services or supervision of advertising and public relations will be provided through the contracted agencies of the Tourist Development Council (TDC) and COUNTY. The agencies of record shall receive payment for work in progress upon submission of documented invoices associated with the event. 4. Payment: Any payments directly to the event sponsor or vendors associated with said event shall be as follows: Payment upon presentation of an invoice shall indicate the task completed for which payment is sought, with proper documentation attached. Lower Keys Music Festival FY 2010 Contract ID #: 667 1 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the COUNTY. Only acceptable expenses listed in the Monroe County Tourist Development Council Operations Manual shall be paid. 5. Accounting: Financial records of the Sponsor pertaining to this project shall be kept according to generally recognized accounting principles and shall be available to the COUNTY or to an authorized representative for audit. 6. Modification: Line item changes to the advertising and promotion budget may be made up to but not exceeding 10% of the larger line item amount without requiring COUNTY approval of the particular change. 7. Breach and Penalties: The parties agree to full performance of the covenants contained in this agreement, and the COUNTY reserves the right at its discretion, provided such breach is material, to terminate this agreement for any misfeasance, malfeasance, or nonperformance of the agreement terms or negligent performance of the agreement terms by the event sponsor. 8. Termination: This Agreement will be terminated on September 30, 2010. All invoices must be submitted prior to September 30, 20100 9. Non Occurrence of Event: If the event does not take place for any reason under control of Event Sponsor except for those reasons in paragraph 19, then Event Sponsor agrees to refund to the COUNTY any amounts already paid to them under this agreement, and relieve the COUNTY from any further payments. The event sponsor shall give written notice to the Monroe County Tourist Development Council if it is found necessary to cancel an event. The notice shall contain the following specifics: 1) reason for cancellation, 2) documentation of the reason for cancellation and 3) person authorized to cancel including title and stated affiliation. 10. Indemnification and Hold Harmless: The event sponsor covenants and agrees to indemnify and hold harmless and defend Monroe County, its officers, 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 attorneys fees) which arise out of, in connection with, or by reason of Lower Keys Music Festival FY 2010 Contract ID #: 667 2 the services provided, event sponsored, or other activities and funding associated with this agreement, except those losses or damages caused by COUNTY or its agents. 11. 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: Original 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 COUNTY 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. Lower Keys Music Festival FY 2010 Contract ID #: 667 3 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: $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 exte n d Lower Keys Music Festival FY 2010 Contract ID #: 667 4 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. 12. Permits: The event sponsor will secure all required permits, licenses including but not limited to occupational licenses. 13. Taxes: The COUNTY and TDC are exempt from Federal Excise and State of Florida Sales Tax. 14. Finance Charges: The COUNTY and TDC shall not be responsible for any finance charges. 15. Relation of COUNTY/TDC: It is the intent of the parties hereto that the event sponsor shall be legally considered as an independent Event Sponsor and that neither it nor its employees shall, under any circumstances, be considered employees, servants or agents of the COUNTY and TDC and the COUNTY and TDC shall at no time be legally responsible for any negligence on the part of said Event Sponsor, its employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 16. Disclosure: The event sponsor shall be required to list any or all potential conflicts or interest, as defined by Florida Statute 112 and Monroe County Code. The event sponsor shall disclose to the COUNTY and TDC all actual or proposed conflicts of interest, financial or otherwise, direct or indirect, involving any client's interest which may conflict with the interest of the COUNTY and TDC. 17. Assignment: The event sponsor shall not assign, transfer, convey, sublet or otherwise dispose of this agreement, or of any or all of its right, title or interest therein, or his or its power to execute such agreement to any person, company or corporation without prior consent of the COUNTY. Lower Keys Music Festival FY 2010 Contract I D #: 667 5 18. Compliance with laws - Nondiscrimination: The event sponsor, shall comply pY with all federal, state and local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex, age, or national origin in the performance of work under this Agreement. This Agreement shall be subject to all federal, state, and local laws and ordinances. 19. Force Maieure: The event sponsor shall not be liable for delay in performance or failure to perform in whole or in part, the services due to the occurrence of any contingency beyond its control or the control of any of its subcontractors or suppliers, including labor dispute, strike, labor shortage, war or act of war whether an actual declaration thereof if made or not, insurrection, sabotage, riot or civil commotion, act of public enemy, epidemic, quarantine restriction, accident, fire, explosion, storm, flood, drought or other act of God, act of any governmental authority, jurisdictional action, or insufficient supply of fuel, electricity, or materials or supplies, or technical failure where the event sponsor has exercised reasonable care in the prevention or mitigation of damages and delay, any such delay or failure shall not constitute a breach of the . A reementUpon g p demand of TDC or COUNTY, the event sponsor must furnish evidence of the causes of such delay or failure. COUNTY shall not pay for any services or activities, promotional or otherwise, connected with an event produced after the date(s) described in paragraph 1 9 and Scope of Services. 20. Governing LawNenue: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of the agreement, the County and Sponsor agree that venue shall lie in the appropriate court or before the appropriate ro riate administrative body in Monroe County, Florida. This Agreement shall not be subject to arbitration. 21. Security Protection: The event sponsor agrees to provide adequate security for the event. No TDC funds will be used for this purpose. 22. Ownership: All advertising and promotion work performed under the agreement and paid for by the COUNTY and TDC shall be the property of the COUNTY and TDC, for whatever use and/or disposition the COUNTY and TDC may deem appropriate. Lower Keys Music Festival FY 2010 Contract I D #: 667 23. Media rights: The TDC shall have the right to broadcast, rebroadcast, use, reproduce or transmit for any purpose whatsoever, radio, television, pictures, sound, film and tape motion pictures and still photographs paid by the COUNTY and TDC under this agreement. 24. Locao: Logo Usage guidelines are attached to this contract as Exhibit "B". For 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 Logo: 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 Logo: 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 b Y Y The Monroe County Tourist Development Council". To seek approval, clarification and/or logo in electronic format .(eps or .jpg file), contact John Underwood at Tinsley Advertising at 305-856-6060. 25. Severability: If any provision of this Agreement shall be held by a Court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby; and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 26. Authority: Each of the signatories for the sponsor below certifies and warrants that: Lower Keys Music Festival FY 2010 Contract ID #: 667 7 a) The Sponsor's name in the agreement is the full name as designated in its corporate charter, and b) they are empowered to act and execute the agreement for the Sponsor and c) this Agreement has been approved by the Sponsor's Board of Directors. 27. Ethics Clause: The event sponsor warrants that it has not employed, retained or other wise had act on its behalf, any former County office or employee in violation of Section 2 or 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 agreement without liability and may also, at its discretion, deduct from the agreement 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. 28. Public Entity 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 proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals 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 period of 36 months from the date of being placed on the convicted vendor list." 29. Notice: Any notice required or permitted under this agreement shall be in writing and had delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested to the following: For Grantee: Carol Stevens 31020 Overseas Hwy, MM 31 Big Pine Key, FL 33043 For Grantor: Lynda Stuart Monroe County Tourist Development Council 1201 White Street, Suite 102 Key West, FL 33040 Lower Keys Music Festival FY 2010 Contract ID #: 667 a And Cynthia Hall, Asst. County Attorney P.O. Box 1026 Key West, FL 33041-1026 30. Entire Agreement: The parties agree that the Agreement above constitutes the entire agreement between the COUNTY and event sponsor. Except as provided in paragraph 6 of this Agreement, this Agreement can never be amended or modified except in a writim signed by the parties hereto. r. -WHEREOF the parties hereto have executed this Agreement the day and year f its abovewritten. (StAL) Board of County Commissioners A#est: Danny L. Kolhage, Clerk of nroe Coun Dd'p*O'uty Clerk Mayor/Chairman (CORPORATE SEAL) Lower Keys Chamber of Commerce, Inc. Attest: By. Secretary Print Name Date: OR TWO WITNESSES (1) Print Name: Date: Lower Keys Music Festival FY 2010 Contract ID #: 667 B President GGrrick-Rodriguez Print Name Date: �--- �. w ,-� rn W C) (2) N) C> 1;0 co CZ) Print Name: Date: MONROE COUNTY ATTORNEY AR ROXV/r-D AS 0 0 M: YN _1A L. HALL COUNTY ASSIS ANTT COUNTY ATT RNEY Date... ..... � 0 12-S701W 2 1108 EXHIBIT A Acce ble Event Marketing Expenses (Destination/TurnKey/Cultural/Fishing Events) BOCC 9/20/06 ADVISORY COMMITTEES (UMBRELLAS/DISTRICT ADVISORY COMMITTEES) AND EVENT COORDINATORS' RESPONSIBILITY: 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 received, they will be distributed to DACs for review and recommendations to the TDC. Upon approval of the TDC of any event funding recommendations, a contract will be entered into by the applicant and BOCC. The BOCC has final approval of all contracts. Any Request for Proposal (RFP) response received after the specified deadline, as determined within the RFP, will not be accepted. TDC 7/21/93 This policy mirrors that of the Board of County Commissioners. BOCC 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 shall 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 for 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 &Diving). 7/26/95 DESTINATION EVENTS: Destination events 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 -county hard media and public relations. A general non -allocated line item is not to exceed 15% of the total budget 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; webs ite/i nternet advertising only2 Promotional Signs: posters and banners Lower Keys Music Festival FY 2010 Contract ID #: 667 10 Promotional Items: T-shirts; hats; jackets; 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 for pre -event advertising. Programs: TDC 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. CULTURAL/FISHING UMBRELLA EVENT 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 approved 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 advertising and public relations. 70% or the remainder that has not been allocated to the advertising/public relations agencies of record within the Umbrellas, shall be allocated by the Umbrella to the applicants for event funding. The budget, which is included with the application, will be individually reviewed by the Umbrella, the applicant and the advertising/public relations agencies of record. There cannot be more than a 10% deviation on the approved line item budget. No amendments to budgets will be permitted after this approval 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: newspaper; magazines, radio; TV; website/internet advertising only Promotional Si4ns: posters and banners Promotional Items: T-shirts; hats; jackets; 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 for pre -event advertising. Programs: TDC 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. Lower Keys Music Festival FY 2010 Contract ID #: 667 ill Public Relations: Public relations expenses that are approved by public relations agency of record. FISHING EVENTS: Media Placement & Production Costs: newspaper; magazines, radio; TV; website/internet advertising only Promotional Signs: 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. Programs: TDC 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. TROPHIES: framed art work, framed 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 information 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 INTERNET: The TDC will pay for Internet advertising on web sites (banners, buttons, website links), and E-mail blasts. Internet advertising links may go to the event website. Logo is required on banners and E-blasts. No payment will be made for development or operation (hosting) of website. BOCC 5/16/06 SALEIRESALE OF TDC FUNDED ITEMS: Items funded, including creative and resulting work product, by the BOCC/TDC, in accordance with Florida Public Records Law, are owned by the BOCC/TDC and as such may not be sold. 09/14/94 Lower Keys Music Festival FY 2010 Contract I D #: 667 12 EXHIBIT B Logo/Acknowledgement Usaae Guidelines For Events Destination/TurnKey/Cultural/Fishing Events Bocc , 2/2oios 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 Advertising: No logo is required. All radio announcements must say "Brought to you by the Monroe County Tourist Development Council" Trophies: Logos are not required on trophies. In -County Logo The below logo that includes the "Monroe County Tourist Development Council" The 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 Florldd Kevs should include "Brought to you by The Monroe County If Tourist Development Council ". To seek approval, &Key est clarification and/or logo in electronic format Ceps or .jpg ae � � �• file), contact Sharon Joseph or John Underwood with.•.0 Tinsley Advertising at 305-856-6060. Morn" couxnr COUNCIL Out -of -County Logo The below logo that does NOT include the "Monroe County Tourist Development Council" �e designation is to be utilized in all other efforts including any approved out -of -county print newspaper • ads, magazine ads, television commercials, Internet Florl d eys advertising (banners, buttons, e-mail blasts), direct mail promotions (brochures and pamphlets) and any �S approved promotional items including programs, T- Y shirts, hats, jackets, trophies and koozie cups. Radio • come as you are' commercials should include "Brought to you by The ... Monroe County Tourist Development Council". To seek approval, clarification and/or logo in electronic format Ceps or jpg file), contact Sharon Joseph or John Underwood at Tinsley Advertising at 305-856-6060. Lower Keys Music Festival FY 2010 Contract ID #: 667 13 In -County Loco The, Florida Ke s y & Ke est mme as ou are Y MOROE COUNTY TOURIST DEVELOPMENT COUNCIL Out -of -County Loc0 The Florida Ke s y & Ke est come as ou are Y Lower Keys Music Festival FY 2010 Contract ID #: 667 14 EXHIBIT C MONROE COUNTY TOURIST DEVELOPMENT COUNCIL DESTINATION EVENT BUDGET BUDGET BREAKDOWN line items listed below must be approved by the appropriate agency of record There will be no amendments to this budget (Exhibit C) after BOCC approval of Agreement F I SCAL YEAR 2010 EVENT NAME: Lower Keys Music Festival MEDIA PLACEMENT & PRODUCTION COSTS: newspaper, radio, magazines, TV, websitelinternet advertising only $13,000 PROMOTIONAL SIGNS: posters/banners $500 PROMOTIONAL ITEMS: t-shirts, hats, jackets, koozie cups $ DIRECT MAIL PROMOTIONS: brochures/pamphlets/ postage & shipping $200.00 PROGRAMS: PUBLIC RELATIONS *GENERAL NON -ALLOCATED TOTAL: $ $ $200 $13,900 *GENERAL NON ALLOCATED MAY NOT EXCEED 15% 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. iM ."iif" MONROE COUNTY, FLORIDA Request For Waiver of Insurance Requirements It is regm-, ted that the insurance requirements, as specirted in the County's Schedule of Insuxatnce Requirement& be wiuved or modified on the fiillowing contract. Contractor: _ Lower Kegs Chamber, of E' mmerce. Inc Name of Entity: i paver l{evg C'haatnlser of Ctmmtnc Inc Name of Event: L aver K s Music Hestivttl _----- Contract for: Fver t Advcrtasinit fend Promotion Services Address of Contractor: G!€:lr)C .Att: Maxine Phone: 305-296-1552 _ _........ _.---._.------__ Scope of Work: Et%et'Eisin anti Promotion of a l3t�s ' tinn Evt'nt Reason for Waiver. Providing finds to promote event only ..., .ca. county Policies Waiver will apply io: insurance :Re�tuirements outlined. within atta hed contract Signature of Contractors. ...........:... A its — N PP ------.................. RiskManagement:......._......-.-.-........................................ -- Dade: R County Administrator Appeal: Approved Not Approved Date: Board of County Commissioners Appeal: Approved Not Approved Mecting Date; Administration Instruction #4709.2 10C * 0 14f, C40007 C ,acc3rro CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYIin THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DO TE—k eONTRACT BIRTWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CER IFICATE HO :' I., i j- IMPORTANT: If the certificate holder is an ADDITI NAL INS policy ies)-must be efidorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain polices ma require an endorsement. A state ent on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Hull & Company, Inc. l..' ✓ + 2150 South Andrews Avenue Fort Lauderdale FL 16 _ C MEAL ' HONE NNo Ext: 954) 7-4855 Alc No, (866)449-8449 _E-M INSURERS AFFORDING COVERAGE NAIC # INSURED Lower Keys Chamber Of Commerce PO BOX 430511 Big Pine Key FL 33043 INSURER A: Mount Vernon Fire Ins Co. 126522 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F , THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE ADD UBR POLICY NUMBER MMIDDPOLICY/YYYY MM DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY $ IOO,000 DAMA T R D PREMISES Ea occurrence CLAIMS -MADE D OCCUR MED EXP (Any one person) $ 5,000 A X NBP2550078A 10/06/10 10l06/11 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ Included X P POLICY ECjRO LOC I $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE __. $ HIRED AUTOS (Per accident) NON -OWNED AUTOS $ $ i UMBRELLA LIAB OCCUR EACH OCCURRENCE is EXCESS LIAB CLAIMS -MADE $ AGGREGATE HDEDUCTIBLE $ RETENTION $ / WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY Y/ N TQRY I E.L. EACH ACCIDENT _ $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ N / A E.L. DISEASE - EA EMPLOYEE $ (Mandatory In NH) If yes, describe under �"' E.L. DISEASE - POLICY LIMIT 1 $ DESCRIPTION OF OPERATIONS below A BPP, BI WEE, and Building X NBP2550078A Bldg. $150,000. BPP $50,000, BI $30,000 Special Excl. Wind/Hail Dedt: $1,000 AOP DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Non -Profit D&O Liability $1,000,000 Certificate Holder Named as Additional Insured Monroe County Board of County Commissioners 1100 Simonton Street Key West, FL, 33040 , - IKi rt aiY1 CV__ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD