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
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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 Concert Band,
Inc. ("Event Sponsor") on this ~ 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 $17,768 (Seventeen Thousand, Seven
Hundred and Sixty Eight 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 Pops in the
Park between November, 2009 and April, 2010. No ~mendments 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 00/0 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
Pops in the Park
Cultural Umbrella Funding FY 2010
Contract 10#: 610
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. 1 0-1990. 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.
Pops in the Park
Cultural Umbrella Funding FY 2010
Contract 10#: 610
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 "8".
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 SOCC 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.
Pops in the Park
Cultural Umbrella Funding FY 2010
Contract 10#: 610
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
Pops in the Park
Cultural Umbrella Funding FY 2010
Contract 10#: 610
4
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
a
,
A~~.. )r)~ ~
MaYOr/Chairman'
(CORPORATE SEAL)
Florida Keys Community Concert
Band, Inc.
Attest:
By.
Secretary
By3)~/{)r~ l~A'\1Qq
Presldenf ~
1)Ot\oo- !:l~'ofr
Print Name
Print Name
OR TWO WITNESSES
.
Date: :Jv (\--t
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Pops in the Park
Cultural Umbrella Funding FY 2010
Contract ID#: 610
5
EXHIBIT A
AcceDtable Event Marketina EXDenses
(Desti nationlTurn Key/Cu Itural/Fi sh i ng Events)
saee 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.
Pops in the Park
Cultural Umbrella Funding FY 2010
Contract 10#: 610
6
Direct Mail Promotions: brochures and pamphlets including postage/shipping. This is a direct mail
promotional brochure/pamphlet utilized for pre-event advertising.
Proarams: TDG 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 TURAUFISHING 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 TDG 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 TDG event category. 08/14/91
CULTURAL EVENTS:
Media Placement & Production Costs: newspaper; magazines, radio; TV; website/internet advertising onlV
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: TDG 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.
Pops in the Park
Cultural Umbrella Funding FY 2010
Contract 10#: 610
7
FISHING EVENTS:
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; 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 TOC 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 TOe 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
Pops in the Park
Cultural Umbrella Funding FY 2010
Contract 10#: 610
8
EXHIBIT B
Loao/Acknowledaement Usaae Guidelines For Events
Desti nationITurn Key/Cultu ral/Fish i 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 Wesf' logo
Radio Advertisina: 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 Loe:o
The below logo that includes the "Monroe County Tourist Development Council" designation is to
The
Florida Keys
&~ey ~~~ dreS
-.-
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
be utilized in all approved in-county print newspaper ads,
magazine ads, street banners, posters and other approved
signage efforts. Radio commercials should include IIBrought to
you by The Monroe County Tourist Development Councilll. To
seek approval, clarification and/or logo in electronic format (eps
or jpg file), contact Sharon Joseph or John Underwood with
Tinsley Advertising at 305-856-6060.
Out-or-County Loe: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,
Fl 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 <PJ 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 CiS you Me I I "f"" 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.
Pops in the Park
Cultural Umbrella Funding FY 2010
Contract 10#: 610
9
In-County Logo
The
.
Ofl d
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
Out-ot-County Logo
The
.
Ofl d eys
..-
Pops in the Park
Cultural Umbrella Funding FY 2010
Contract 10#: 610
10
EXHIBIT C
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
CUL rURAL UMBRELLA
SCHEDULE OF EVENTS
FISCAL YEAR 2010
EVENT NAME: POPS IN THE PARK
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.
Seven concerts between November, 2009 and April, 2010
IF FUNDED, EXHIBITS A AND B WilL BECOME PART OF YOUR CONTRACT AND TRANSMITTED TO THE
OFFICE OF THE CLERK OF THE COURT.
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
CULTURAL UMBRELLA 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
FISCAL YEAR 2010
EVENT NAME:
Pops in the Park
MEDIA PLACEMENT & PRODUCTION COSTS: newspaper, radio, magazines,
TV, websitellnternet advertising only
$14,918
$1 ,150
$1,000
$
$
$
$700
$17,768
PROMOTIONAL SIGNS: posterslbanners
PROMOTIONAL ITEMS: t-shirts, hats, jackets, koozle cups
DIRECT MAIL PROMOTIONS: brochures/pamphlets/
postage & shipping
PROGRAMS:
PUBLIC RELATIONS
*GENERAL NON-ALLOCATED
TOTAL:
*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.
EXHIBIT D
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: EO(i~ te\./S COra.fYlU.fl/~ (})nce..r+ &:utd) lf1c.
Name of Event: .pO pSI n fV1e.. Po.r lL
Contract for: Services
Address of Contractor:
c/o TDC Att: Maxine
Phone: 305-296-1552
Scope of Work: Advertising and Promotion
Reason for Waiver: Providing funds to promote event onlv.... Minimal exposure to
county
Policies Waiver will
apply to: Insurance Re
Signature of Contractor:
, 5~'foul-SG,
- ============ L
Risk Management:
4~0-dj
Date:
County Administrator Appeal:
Approved
Not Approved
Da te:
Board of County Commissioners Appeal:
Approved
Not Approved
~Ieeting Date:
Administration Instruction
#4709.2