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FY2010 10/21/2009 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DA TE: October 23, 2009 TO: Lynda Stuart, Office Manager Tourist Development Council A TTN: FROM: Maxine Pacini Administrative Assistant Pamela G. Hanc~. At the October 21, 2009, Board of County Commissioners meeting the Board granted approval and authorized execution of the Cultural Events Agreements for Fiscal Year 2010, as per the attached. Enclosed are two fully executed duplicate originals of the attached for your handling. Should you have any questions please feel free to contact our office. cc: County Attorney Finance File G) ... ca C ... c G) > w ~ .c tn ..... 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Q) 0 0 Q) "0 ~ 16 Q) "C ... a: 0 0 (5 .!::. ~ (.) ro 0 10 ~ :::J .... a:: l- t- ~CJ) l- I-- ~ z:E a. u: u: ~ ...J ~ u.. ~ Z ~ ~ t- en a: 0- :::J ...J u: i m o o N to ~ 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 Florida Keys Community College and the Letters "FKCC" ("Event Sponsor") on this 2:.L day of tJ t:-r , 2009. 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 $10,199 (Ten Thousand, One Hundred and Ninety Nine Dollars) effective October 1, 2009 for promotion and related expenditures, as described in the event budget, attached hereto as Exhibit "0", for production of the FKCC Keys Chorale 20th Anniversary Concert Series between December, 2009 and April, 2010. 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 1 0% 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 exceed 150/0 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 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 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 documented invoices associated with the event. Event sponsor fully understands that funding is obtained from tourist development taxes for which the fiscal year ends September 30, 2010. 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, 2010, all invoices and support documentation as required by the County's Finance Department rules and policies. Event FKCC Keys Chorale 2dh Anniversary Cultural Umbrella Funding FY 2010 Contract 10#: 601 1 Sponsor shall not be reimbursed nor will Event Sponsor's vendors be paid directly for any invoices received by the County after September 30, 2010, except that for events with promotional expenditures incurred between July 1 and September 30, 2010, 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. 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), their officers, employees and agents 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. 6. Claims and Venue: Event Sponsor agrees to notify County immediately of any claims suits, or action made against 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 Agreement. Any legal proceedings arising out of this agreement shall be in accordance with the laws of the State of Florida in the 16th Judicial Circuit for Monroe County; venue shall be in Monroe County, Florida. 7. 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. 8. 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. 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 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 fee, commission, percentage, gift, or consideration paid to the former or present County officer or employee. FKCC Keys Chorale 2dh Anniversary Cultural Umbrella Funding FY 2010 Contract 10#: 601 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 approved signage efforts. Radio commercials should include "Brought to you by The Monroe County Tourist Development Council". To seek approval, clarification and/or logo in electronic format (eps or jpg file), contact John Underwood with Tinsley Advertising at 305-856- 6060. Out of County Loao: The out of county logo does NOT include the "Monroe County Tourist Development Council" designation and is to be utilized in all other efforts including any approved out- of-county print newspaper ads, magazine ads, television commercials, internet advertising (banners, buttons, e-mail blasts), direct mail promotions (brochures and pamphlets) and any approved promotional items including programs, T-shirts, hats, jackets, trophies and koozie cups. Radio commercials should include "Brought to you by The Monroe County Tourist Development Council". To seek approval, clarification and/or logo in electronic format (eps or jpg file), contact Sharon Joseph or John Underwood at Tinsley Advertising at 305-856-6060. 13. 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. FKCC Keys Chorale 2dh Anniversary Cultural Umbrella Funding FY 2010 Contract 10#: 601 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 all policies. Any deviations from these General Insurance Requirements must be requested in writing on the County form titled "Request for Waiver of Insurance Requirements" and must be approved by Monroe County Risk Management. Event Sponsor shall furnish the County with a certificate evidencing the insurance required by this paragraph not later than twenty (20) days prior to the event. 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. 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 coverage. 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 FKCC Keys Chorale 2dh Anniversary Cultural Umbrella Funding FY 2010 Contract 10#: 601 4 IN WITNESS WHEREOF, the parties have executed this agreement, effective the day and year first above written. (SEAL) Attest: Danny L. Kothage, Clerk Board of County Commissioners of Monroe County ~ .-."" ~~'.:~:-~ :,,-~'. '.~"-.~:-:~ ~._-~:~.:. ~', ,~-; - ... . ..... -::::-~: ~-, . .. De uty Clerk A;,-~c n~,~ Mayor/Chairman (CORPORATE SEAL) Florida Keys Community College and the Letters uFKCC" Attest: By. Secretary Print Name OR TWO WITNESSES Date: 'G- / 3 -() 7 (1 ) (2) ~ ." --- r- R ", -., 0 I\) .." W 0 .:0 :i ::n ,." ~ (J 0 (.) :0 U1 0 Print Name Print Name Date: Date: E~lsg ~. ." t... ")...::z: 0" '0: ;-1.l..~ c-, rrJ FKCC Keys Chorale 2{fh Anniversary Cultural Umbrella Funding FY 2010 Contract JD#: 601 5 EXHIBIT A AcceDtable Event Marketi na EXDenses (Desti nationfTurn Key/Cu Itu ral/Fishi ng 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 Council1s 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 100/0 of their approved line item budgets for in-county hard media and public relations. A general non-allocated line item is not to exceed 150/0 of the total budget and can only be utilized for acceptable TDC items as listed in this section. There cannot be more than a 100/0 deviation on the approved line item budget. Media Placement & Production Costs: newspaper; magazines, radio; TV; website/internet advertising onll Promotional Sians: posters and banners Promotional Items: T-shirts; hats; jackets; koozie cups. Refer to Sales/Resale statement. FKCC Keys Chorale 2dh Anniversary Cultural Umbrella Funding FY 2010 Contract 10#: 601 6 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 program of listed or schedule of activities and information on the event, an amount not to exceed 500/0 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 TURALJFISHING 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 300/0 of the funds of the Umbrella for out-of-county advertising and public relations. 700/0 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 100/0 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 150/0 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; websitelinternet advertising onll Promotional Sians: 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. Proarams: TDC will pay for an event program of listed or schedule of activities and information on the event, an amount not to exceed 500/0 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. FKCC Keys Chorale 2dh Anniversary Cultural Umbrella Funding FY 2010 Contract 10#: 601 7 FISHING EVENTS: Media Placement & Production Costs: newspaper; magazines, radio; TV; website/internet advertising only2 Promotional Sians: posters and banners Promotional Items: T-shirts; hats; jackets; koozie cups; trophies/awards (Fishing Tournaments only) 1. 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 program of listed or schedule of activities and information on the event, an amount not to exceed 500/0 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. 1 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 TOG 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 SALE/RESALE OF TDe FUNDED ITEMS: Items funded, including creative and resulting work product, by the BOCCrrDC, in accordance with Florida Public Records Law, are owned by the BOCCrrDC and as such may not be sold. 09/14/94 FKCC Keys Chorale 2dh Anniversary Cultural Umbrella Funding FY 2010 Contract 10#: 601 8 EXHIBIT B Loao/Acknowledaement Usaae Guidelines For Events Desti nationlTurn Key/Cultural/Fishi ng Events saee 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 Advertising: No logo is required. All radio announcements must say "Brought to you by the Monroe County Tourist Development Council" TrODhies: Logos are not required on trophies. In-Countv LOl!o The below logo that includes the "Monroe County Tourist Development Council" designation is to Th be utilized in all approved in-county print newspaper ads, Fe) d K magazine ads, street banners, posters and other approved Of 1. d eys signage efforts. Radio commercials should include IIBrought to you by The Monroe County Tourist Development Councilll. To &v \\11. t seek approval, clarification and/or logo in electronic format (eps 1\.ey' wes or jpg file), contact Sharon Joseph or John Underwood with . . come dS you dI'e~ Tinsley Advertising at 305-856-6060. -.- MONROE COUNTY TOURIST DEVELOPMENT COUNCIL 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 television commercials, internet advertising (banners, ori d l~eys buttons, e-mail blasts), direct mail promotions (brochures and ~ ~ pamphlets) and any approved promotional items including & ey est e programs, T-shirts, hats, jackets, trophies and koozie cups. Radio commercials should include IIBrought to you by The Monroe County Tourist Development Councilll. To seek · · come dS you Me I I Of 0 · d/ I . I . f ( · · · approva , c an Icatlon an or ogo In e ectronlc ormat eps or jpg file), contact Sharon Joseph or John Underwood at Tinsley Advertising at 305-856-6060. FKCC Keys Chorale 2dh Anniversary Cultural Umbrella Funding FY 2010 Contract 10#: 601 9 In-County Logo The . Ofl d MONROE COUNTY TOURIST DEVELOPMENT COUNCIL Out-ot-County Loco The . Ofl d eys ..- FKCC Keys Chorale 2dh Anniversary Cultural Umbrella Funding FY 2010 Contract 10#: 601 10 EXHIBIT C MONROE COUNTY TOURIST DEVELOPMENT COUNCIL CUL rURAL UMBRELLA SCHEDULE OF EVENTS FISCAL YEAR 2010 EVENT NAME: FKCC Kevs Cl10raJe 20~t' Anniversary Concert Series 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. De~ember ._., 2009 l-folidav (~oncert, Key'iVest January ~. .' 2010 Joint Conc(3rt, Key \f\/est PoPs April '_. .' 2010 20th .A.nniversarv Celebration Concert, Key WesL_ -t' IF FU"-JOED, EXHIB'TS A AND B ','IILL BECO~lE PART OF YOUR CONTRACT AND TRAf'JSl\lITTED TO THE OFF!(;E OF THE t~LERK OF THE COURT. EXHIBIT D MONROE COUNTY TOURIST DEVELOPMENT COUNCIL CULTURAL UMBRELLA 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 D) after BOCC approval of Agreement EVENT NAME: FKCC Kevs Chorale 20th Anniversarv Concert Series MEDIA PLACEMENT & PRODUCTION COSTS: newspaper, radio, magazines, TV, website/internet advertising only $ 7.000.00 PROMOTIONAL SIGNS: posters/banners $ 1.000.00 PROMOTIONAL ITEMS: t-shirts, hats, jackets, koozie cups $ DIRECT MAIL PROMOTIONS: brochures/pamphlets/postage & shipping $ 500.00 PROGRAMS: $ 1.000.00 PUBLIC RELATIONS: $ *GENERAL NON-ALLOCATED: $ 699.00 TOT AL: $ 1 0.199.00 *GENERAL NON ALLOCATED MAY NOT EXCEED 150/0 OF THE ABOVE BUDGET AND CAN ONLY BE UTILIZED FOR ACCEPTABLE TDC ITEMS ACTUAL EXPENDITURES MAY DEVIATE NO MORE THAN 100/0 FROM THE BUDGETED LINE ITEMS NOTED ABOVE. Monroe County Tourist Development Council Cultural Umbrella Application FY 2010 Page 16 1996 Edition MONROE COUNTY, FLORIDA Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract. Contractor: See Event Attachment - CULTURAL Name of Entity: E\o r ic\cA Name of Event: Ft-CC, ~vs CoynmUn(~ CoUeLjt: ~ 1n-L I etteY'.s . " 1= ~ CC ;, 'ley S' ehora \e Wth-A-nYl.,verSCiflJ Conc.er.t- Seriei / Contract for: Services c/o TDC Att: Maxine Address of Contractor: Phone: 305-296-1552 Scope of Work: Advertising and Promotion Reason for Waiver: Providing funds to promote event only.... Minimal exposure to county Policies Waiver will apply to: Insurance Re ~ ' 5.'[ outJc" ============ L Signature of Contractor: Risk Management: l.f-0-dj Date: County Administrator Appeal: Approved Not Approved Date: Board of County Commissioners Appeal: Approved Not Approved Meeting Date: Administration Instruction #4709.2