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FY2012 10/19/2011 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: October 21, 2011 TO: Lynda Stuart, Office Manager (via e-mail) Tourist Development Council ATTN: Marine Pacini Administrative Assistant FROM: Pamela G. Han •c'►�'I. At the October 19, 2011, Board of County Commissioners meeting, the Board granted approval and authorized execution of the following FY 2012 Cultural Events Agreements: • Agreement with Upper Keys Business Group, Inc. covering the Key Largo Pirate's Fest in October 2011 in an amount not to exceed $18,350, FY 2012 Two Penny Cultural Umbrella Funding. • Key West Garden Club, Inc. covering the Key West Garden Club 2011 -2012 Seasonal Events between October 2011 and April 2012 in an amount not to exceed $14,279, FY 2012 Two Penny Cultural Umbrella Funding. • Key West Players, Inc. covering the Waterfront Playhouse 2011 -2012 Season between October 2011 and June 2012 in an amount not to exceed $20,779, FY 2012 Two Penny Cultural Umbrella Funding. • Key West Botanical Garden Society, Inc. covering the Key West Tropical Forest & Botanical Garden Cultural Events between October 2011 and August 2012 in an amount not to exceed $18,290, FY 2012 Two Penny Cultural Umbrella Funding. • The Marathon Community Theatre, Inc. covering the Marathon Community Theatre 2011 -2012 Season between October 2011 and September 2012 in an amount not to exceed $20,600, FY 2012 Two Penny Cultural Umbrella Funding. • The Key West — Harry S. Truman Foundation, Inc. covering the Truman 2012 between October 2011 and September 2012 in an amount not to exceed $17,827, FY 2012 Two Penny Cultural Umbrella Funding. • Key West Art and Historical Society, Inc. covering the Key West Art & Historical Society Cultural Events Series for 2011 -2012 between October 2011 and September 2012 in an amount not to exceed $20,929, FY 2012 Two Penny Cultural Umbrella Funding. • The Florida Keys History of Diving Museum, Inc. covering the Immerse Yourself — Enhanced Diving Experience between October 2011 and September 2012 in an amount not to exceed $15,281, FY 2012 Two Penny Cultural Umbrella Funding. • The Studios of Key West, Inc. covering the Studios of Key West 2011-2012 Event Season between October 2011 and September 2012 in an amount not to exceed $16,993, FY 2012 Two Penny Cultural Umbrella Funding. • Saint Paul's Protestant Episcopal Church of Key West, Florida covering the Performance at St. Paul's between October 2011 and September 2012 in an amount not to exceed $8,912, FY 2012 Two Penny Cultural Umbrella Funding. • Red Barn Actors' Studio, Inc. covering the Red Barn Theatre 2011 -2012 Theatre Season between October 2011 and September 2012 in an amount not to exceed $20,281, FY 2012 Two Penny Cultural Umbrella Funding. • Morada Way Arts & Cultural District, Inc. covering the Morada Way Third Thursday Walkabouts & Fine Art Expo between October 2011 and September 2012 in an amount not to exceed $18,610, FY 2012 Two Penny Cultural Umbrella Funding. • The Mel Fisher Maritime Heritage Society, Inc. covering The Keys Maritime Exploration Series between October 2011 and September 2012 in an amount not to exceed $19,818, FY 2012 Two Penny Cultural Umbrella Funding. • Key West Film Society, Inc. covering The Art of Film in Key West between October 2011 and September 2012 in an amount not to exceed $18,105, FY 2012 Two Penny Cultural Umbrella Funding. • Pirate Tours of Key West covering the Pirates in Paradise Festival 2011 between November and December 2011 in an amount not to exceed $16,947, FY 2012 Two Penny Cultural Umbrella Funding. • Florida Keys Community Concert Band, Inc. covering the Pops in the Park between November 2011 and April 2012 in an amount not to exceed $15,598, FY 2012 Two Penny Cultural Umbrella Funding. • Florida Keys Art Guild, Inc. covering the Florida Keys Art Guild Festivals between November 2011 and April 2012 in an amount not to exceed $16,802, FY 2012 Two Penny Cultural Umbrella Funding. • No Matter What Productions, Inc. covering the 12 Step Music Fest between November 2011 and November 2012 in an amount not to exceed $14,192, FY 2012 Two Penny Cultural Umbrella Funding. • Old Island Restoration Foundation, Inc. covering the Key West House & Garden Tours; Conch Shell Blowing Contest between December 2011 and March 2012 in an amount not to exceed $13,619, FY 2012 Two Penny Cultural Umbrella Funding. • The Key West Pops, Inc. covering the Key West Pops' 2011 -2012 Season between December 2011 and April 2012 in an amount not to exceed $14,678, FY 2012 Two Penny Cultural Umbrella Funding. • Key West Literary Seminar, Inc. covering the Key West Literary Seminar (30 Annual) in January 2012 in an amount not to exceed $18,012, FY 2012 Two Penny Cultural Umbrella Funding. • Monroe Association for Retarded Citizens, Inc. covering the Master Chefs Classic (18' Annual) in January 2012 in an amount not to exceed $7,713, FY 2012 Two Penny Cultural Umbrella Funding. • Key West Art Center, Inc. covering the Key West Craft Show and Old Island Days Art Festival between January and February 2012 in an amount not to exceed $7,075, FY 2012 Two Penny Cultural Umbrella Funding. • • Key West Council on the Arts, Inc. covering the Impromptu Classical Concerts between January and July 2012 in an amount not to exceed $17,422, FY 2012 Two Penny Cultural Umbrella Funding. • Marathon Garden Club, Inc. covering the Marathon Garden Club's House & Garden Tour in February 2012 in an amount not to exceed $9,840, FY 2012 Two Penny Cultural Umbrella Funding. • Pigeon Key Foundation, Inc. covering the Pigeon Key Art Festival in February 2012 in an amount not to exceed $17,850, FY 2012 Two Penny Cultural Umbrella Funding. • Key Largo Merchants Association, Inc. covering the Key Largo's Original Music Festival in May 2012 in an amount not to exceed $18,650, FY 2012 Two Penny Cultural Umbrella Funding. • Merging Ideas Developing Arts Corporation covering the Key West Modern Dance in June 2012 in an amount not to exceed $8,810, FY 2012 Two Penny Cultural Umbrella Funding. • Lower Keys Chamber of Commerce, Inc. covering the Underwater Music Festival (28 Annual) in July 2012 in an amount not to exceed $7,749, FY 2012 Two Penny Cultural Umbrella Funding. • Florida Keys Birding and Wildlife Festival, Inc. covering the Florida Keys Birding and Wildlife Festival in September 2012 in an amount not to exceed $11,792, FY 2012 Two Penny Cultural Umbrella Funding. Attached is the electronic copy of each of the above - mentioned for your handling. Should you have any questions, please feel free to contact me. cc: County Attorney w/o documents Finance File FUNDING AGREEMENT THIS AGREEMENT is made and entered into by and between Monroe County, Florida, a political subdivision of the state o F orida ( "Coun ;'), and Morada Way Arts & Cultural District, Inc. ( "Event Sponsor ") on this may of , 2011. 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 $18,610 (Eighteen Thousand, Six Hundred and Ten Dollars) effective October 1, 2011 for promotion and related expenditures, as described in the event budget, attached hereto as Exhibit "D ", for production of the Morada Way Third Thursday Walkabouts & Fine Art Expo between October, 2011 and September, 2012. Of this amount, no more than 30% or $4,222 shall be expended on advertising media costs attributable to in- county placement. No amendments shall be made to Exhibit "D" 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 exceed 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 obligation to pay under this agreement is contingent upon an annual appropriation by the County. 2. Duties of Event Sponsor Event Sponsor shall provide promotion and related services as described in the 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. Invoicing: 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, 2012. 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, 2012, Morada Way Third Thursday Walkabouts & Fine Art Expo Cultural Umbrella Funding FY 2012 Contract ID #: 930 1 all invoices and support documentation as required by the County's Finance Department rules and policies. Event Sponsor shall not be reimbursed nor will Event Sponsor's vendors be paid directly for any invoices received by the County after September 30, 2012, except that for events with promotional expenditures incurred between July 1 and September 30, 2012, 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 16 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, Chapter 2. 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 Morada Way Third Thursday Walkabouts & Fine Art Expo Cultural Umbrella Funding FY 2012 Contract ID #: 930 2 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. 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. Lotto 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 April, 2010. 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, 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. Morada Way Third Thursday Walkabouts & Fine Art Expo Cultural Umbrella Funding FY 2012 Contract ID #: 930 13. Authority: Each of the signatories for the Sponsor below certifies and warrants that: 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 governing board. ZEOF, the parties have executed this agreement, effective the day and year first hage, Clerk De uty Clerk (CORPORATE SEAL) Attest: By Secretary Print Name OR TWO WITNESSES c VASTS P0. u-15ALO-0 Print Name Date: ) Board of County Commissioners of Monroy County / � Mayor /Chairman -- r-4 -I -T-, Morada Way Arts A CWltura Inc. CD ident iXx15& VC- at A . iAA&oe Print Name Date: 'ILV442011 (2) � Lkje4 uJick 4caM Print Name Date: '1/33/.101 MONROE COUNTY ATTORNEY APMOVED AS TOtFORM: Morada Way Third Thursday Walkabouts & Fine Art Expo Cultural Umbrella Funding FY 2012 Contract ID #. 930 CIYNTHIA L. HALL ASSISTANT COUNTY ATTORNEY Date 1- 1 2)- a Il Acceptable Event Marketing Expenses for Cultural Events Approved by BOCC 4/20/11 EXHIBIT A 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 9/9/93 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 found in Section II of the Operations Manual 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 Marketing expenses for events held outside Monroe County shall not be reimbursed /direct paid 5/19/10 CULTURAL/FISHING UMBRELLA EVENT FUNDING: Any event of a fishing or artistic /special /dramatic nature shall apply for funding under the appropriate umbrella organization. Each Umbrella shall appropriate a minimum of 30% of the funds of the Umbrella for generic 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, Morada Way Third Thursday Walkabouts & Fine Art Expo Cultural Umbrella Funding FY 2012 Contract ID #: 930 5 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: Procedures for cultural events can be found in the Monroe County TDC Operations Manual in Section IV -C. Within the Cultural 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. Media Placement & Production Costs: newspaper; magazines, radio; TV; website /internet advertising onl Event producers /coordinators are required to spend no more than 30% of funds on advertising in Monroe County. This includes in- county newspaper, radio, magazines, TV and local (in- county) webs ite/i ntern et advertising. If event producer /coordinator wishes to augment their marketing program with additional in- county placement they may do so utilizing their own resources. The remaining 70% out -of- county advertising budget shall be placed with newspaper, radio, magazines, TV and websites outside of Monroe County. i.e. nytimes.com; chicagotribune.com, etc. The only local (in- county) website/ internet advertising expenditure considered out of the 70% line item to be approved by the advertising agency of record (Tinsley Advertising) shall be the official Monroe County Tourist Development website. (TDC — 1/25/11 and BOCC 2/16/11) Promotional Signs posters and banners Promotional Items T- shirts; hats; jackets; koozie cups. Refer to Sales /Resale statement in Section II of the Operations Manual. 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. Morada Way Third Thursday Walkabouts & Fine Art Expo Cultural Umbrella Funding FY 2012 Contract ID #: 930 Co Public Relations (PR): Print and broadcast public relations materials for distribution to media, such as but not limited to press releases, public service announcements, photography to be utilized in PR releases and video news releases as approved by the public relations agency of record. Only permissible PR material produced by the agency of record and /or a professional public relations agency shall be acceptable. Bocc 7/21/10 In -House Production: In -house production of any permissible expenditures will not be considered for reimbursement. Bocc 7/21/10 Event Promotions TDC funding is intended for promotion of events as opposed to the ongoing programs of an organization or promotion of the facility. TDC will only consider reimbursement of advertising and promotional materials that highlight the event versus the regular programming of an organization or facility. Bocc 7/21/10 Items that have not been approved by the appropriate agency of record prior to production /placement shall not be considered for reimbursement/direct payment. Bocc 7/21/10 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 SALE/RESALE 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. 09114/94 Morada Way Third Thursday Walkabouts & Fine Art Expo Cultural Umbrella Funding FY 2012 Contract ID #. 930 VA Logo /Acknowledgement Usage Guidelines For Cultural Events BOCC 4/21 /10 EXHIBIT B 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" In- County Logo The below 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 Sharon Joseph or John Underwood with Tinsley Advertising at 305- 856 -6060. The FloriddKeys & Ke st � 0 come as you are' MONROECOUNTYTOUR DEVEIODMENTCOUNCII Out -of- County Logo The below logo that does NOT include the "Monroe County Tourist Development Council" designation 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 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. The FloriddKeys & Key �Iest 0 Morada Way Third Thursday Walkabouts & Fine Art Expo Cultural Umbrella Funding FY 2012 Contract ID #: 930 EXHIBIT C MONROE COUNTY TOURIST DEVELOPMENT COUNCIL CULTURAL UMBRELLA SCHEDULE OF EVENTS FISCAL YEAR 2012 EVENT NAME Morada Way Third Thursday Walkabouts & Fine Art Expo Morada Way Arts and Cultural District, Inc. will produce the above named event to include the following activities: Twelve (12) evenings of "Walkabouts" that will take place on the third Thursday of each month. Businesses in the district will stay open late, and there will be a different theme for each month. There will be art, culture, food and entertainment. In the month of January, 2012 there will be a Fine Art Expo featuring artists from all over the country. 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 FISCAL YEAR 2012 EVENT NAME: Morada Way Third Thursday Walkabout and Fine Art Expo MEDIA PLACEMENT & PRODUCTION COSTS: newspaper, radio, magazines, TV, website /internet advertising only $14,075 PROMOTIONAL SIGNS: posters /banners $ PROMOTIONAL ITEMS: t- shirts, hats, jackets, koozie cups $500 DIRECT MAIL PROMOTIONS: brochures /pamphlets/ postage & shipping $250 PROGRAMS: $100 PUBLIC RELATIONS $1,500 *GENERAL NON - ALLOCATED $2,185 TOTAL: $18,610 TDC will only consider reimbursement of advertising and promotional materials that highlight the event versus the regular programming of an organization or facility -See Exhibit A Event producers are required to spend NO more than 30% of funds on advertising IN Monroe County In -house marketing is not a permissible expenditure '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. Byla 6Z & t "A L CONTENTS ARTICLE I Board of Directors 1.1 Size of Board 1.2 Responsibilities of Board 1.3 Term Limits 1.4 Vacancies 1.5 Regular Meetings 1.6 Special Meetings 1.7 Quorum 1.8 Committees 1.9 Removal of Board Members ARTICLE 11 Officers 2.1 Designations 2.2 President 2.3 Vice President 2.4 Secretary 2.5 Treasurer 2.6 Delegation 2.7 Vacancies 2.8 Removal 81549 Old Highway Islamorada, FL 33036 moradawayartCcD-g mail. com 305.664.9100 ARTICLE III Mission Statement ARTICLE IV Amendments ARTICLE I Board of Directors 1.1 Size of Board The Board shall consist of five (5) persons. 1.2 Responsibilities of Board The Board shall assume responsibility of the management of all the affairs, property and interests of the organization. In addition to the powers and authorities expressly conferred upon it by these bylaws, the Board of Directors may exercise all such powers of the organization and do all such lawful acts and things as are not by statute or by these bylaws otherwise prohibited. 1.3 Term Limits Board members shall be allowed to serve until they choose to resign or until they are removed in accordance with Article 1.9 of these bylaws. 1.4 Vacancies All vacancies in the Board of Directors shall be filled by the affirmative vote of a majority of the remaining Directors. 1.5 Regular Meetings Regular meetings of the Board of Directors will be held not less frequently than once each calendar quarter. All meetings will be chaired by the Board Chairman, who shall be appointed by a majority vote of the entire Board. This vote is to be held during the last regularly scheduled Board meeting each calendar year. 1.6 Special Meetings Special meetings of the Board of Directors may be called at any time upon request of any three (2) Directors. 1.7 Quorum A majority of the entire Board of Directors [three (3) Directors] shall be necessary and sufficient at all meetings to constitute a quorum for the transaction of business. 1.8 Committees The Board of Directors may appoint standing or temporary committees, each committee including not less and one (1) Director. Such committees may be 3 vested with such powers as the Board may determine by resolution passed by a majority of the full Board of Directors. 1.9 Removal Any Director may be removed at any time, with or without cause, by the affirmative vote of four (4) members of the Board of Directors. ARTICLE 11 Officers 2.1 Designations The officers of the organization shall be a President, a Vice President, a Secretary and a Treasurer. All officers shall be appointed by the Board of Directors and shall serve for terms to be determined by the Board. 2.2 The President The President shall represent the organization within the community and shall share with the Vice President (Executive Director) general supervision of the affairs of the organization. The President shall perform such other duties as are incident to the office, or are properly required by the Board of Directors. 2.3 The Vice President The Vice President shall assume the title of Executive Director and shall share with the President general supervision of the affairs of the organization. The Vice President shall perform such other duties as are incident to the office, or are properly required by the Board of Directors. 2.4 The Secretary The Secretary shall issue notices for all meetings, keep minutes of all meetings, and make such reports and perform such other duties as are incident to the office, or are properly required by the Board of Directors. 2.5 The Treasurer The Treasurer shall determine that the Executive Director responsibly performs the following: - Keep regular books of account 4 Disburses the funds of the organization in payment of the just demands against the organization Renders an account of all transactions undertaken and of the financial condition of the organization Complies with State and Federal filing requirements The Treasurer shall be responsible for reporting on all relevant financial matters at each regular Board of Directors meeting. 2.6 Delegation If any officer of the organization is absent or unable to act and no other person is authorized to act in such officer's place by the provisions of these bylaws, the Board of Directors may delegate the powers or duties of such officer to any other officer or any other person it may select. 2.7 Vacancies Vacancies in any office arising from any cause may be filled by the Board of Directors at any regular or special meeting of the Board. 2.8 Removal Any officer or agent elected or appointed by the Board of Directors may be removed at any time, with or without cause, by the affirmative vote of the majority of the entire Board of Officers. ARTICLE III Mission Statement 3.1 Increase community awareness, knowledge, and support of the arts (including the performing arts) and culture. 3.2 Enable and encourage collaboration within the cultural community. 3.3 Strengthen and enhance our member businesses by organizing and hosting programs and activities within the District. 3.4 Provide our residents and visitors with quality programming that showcases the talents of the creative community and celebrates the unique culture of the Upper Keys. »1 3.4 Pro our reskient&a visitors wit grammar ��yvcases the talen . __�Terurnculture of the Upper �i�� _ ._ ....... Keys. 3.5 Recruit new artists to relocate or start up their business within the boundaries of the district. 3.6 Work with complementary businesses and organizations to fulfill the potential of the district. 3.7 Provide the resources necessary to mentor and develop local emerging artists. 3.8 Work with local schools and students to develop interests in the arts and provide opportunities within the district to express those interests. 3.9 Provide economic assistance to local art students through scholarships and grants. 3.10 Host an annual juried arts festival that will develop over time into a signature event benefiting both our community's status and economic well being. ARTICLE IV Amendments The Board of Directors shall have power to make, alter, amend or repeal the Bylaws of this organization. Any such amendments shall require a majority vote of all five (5) Directors. Acre ted by resolution of Morada Way Arts & Cultural District's Board of Directors on Q� , 2011. Dick Hagood Board Chairman Pasta Pantaleo Board Member Laurie Wickham Board Member N . Rosemary Duke Board Member Stephanie Scuderi Board Member