FY2013 10/17/2012 AgreementCULTURAL EVENT 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 Saint Paul's rotestant Episcopal
Church of Key West, Florida ( "Event Sponsor ") on this 1 day of c- , 2012.
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 $9,343 (Nine Thousand, Three
Hundred and Forty Three Dollars — TDC District I Funding Allocation) effective October 1, 2012
for promotion and related expenditures, as described in the event budget, attached hereto as
Exhibit "D ", for production of the Performance at St. Paul's between October, 2012 and
September, 2013. Of this amount, no more than 30% or $2,503 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, 2013. 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, 2013,
Performance at St. Paul's
Cultural Umbrella Funding FY 2013
Contract ID #:1088
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, 2013, except that for
events with promotional expenditures incurred between July 1 and September 30, 2013,
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
Performance at St. Paul's
Cultural Umbrella Funding FY 2013
Contract ID #:1088
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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. Logo 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 Jessica
Taylor -Smith or John Underwood at Tinsley Advertising at 305 - 856 -6060.
Performance at St. Paul's
Cultural Umbrella Funding FY 2013
Contract ID #.1088
3
IN WITNESS WHEREOF, the parties have executed this agreement, effective the day and year first
above written.
(SEAL)
Attest: Danny L. Kolhage, Clerk
Deputy Clerk
Board of County Commissioners
of Monroe County
/0/ ,
Mayor/ irman
Saint Paul's Protestant Episcopal
Church of Key West, Florida
(CORPORATE SEAL)
Attest:
By
Secretary
Print Name
OR TWO WITNESSES
SusoL rt N e W o ®d 5
Print Name
Date: �3 J ca l. 2O 1
Date
(2)_
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Print Na
Date:
MON . '�'.; , - - TY a.TTORNEY
A F OV ') AS 10 I" M VI
/NTHIA L. HALL
ASSISTANT OUNTY "� AT j O EY
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Performance at St. Paul's
Cultural Umbrella Funding FY 2013
Contract ID #.1088
Print Name
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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 9/8/93
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 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,
Performance at St. Paul's
Cultural Umbrella Funding FY 2013
Contract IDA 1088
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)
website /internet 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.
Performance at St. Paul's
Cultural Umbrella Funding FY 2013
Contract ID #:1088
R
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
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. 09/14/94
Performance at St. Paul's
Cultural Umbrella Funding FY 2013
Contract ID #.1088
7
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 Jessica Taylor -Smith or John Underwood with Tinsley Advertising at
305 - 856 -6060.
The
FloriddKeys
&Ke st
come as you cre
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
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 Jessica Taylor -Smith or John Underwood at
Tinsley Advertising at 305 - 856 -6060.
The
Florida Keys
& Key �es�t�,
Performance at St. Paul's
Cultural Umbrella Funding FY 2013
Contract ID #:1088
EXHIBIT C
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
CULTURAL UMBRELLA
SCHEDULE OF ACTIVITIES
FISCAL YEAR 2013
EVENT NAME: PERFORMANCE AT ST PAUL'S
List scheduled event activities in Monroe County in date order *
Activity Month Event Occurs Num ber of Days
Piano /organ recital Every week day. 250
Chorale event November 1
Classical Music event November 1
Organ recital November 1
String Studio of Key West Red December 1
Annual Christmas Concert December 2
Literary readings /conversation Jan 2
Miami Intl Piano Fest Jan -March 2
Black History event Feb 2
Classical /Popular Music Eventl Jan -May 6
Summer jazz or classical event August 1
*If part of your funding request for this fiscal year is to promote event activities taking place in the next
fiscal year (pre - promotion), then the following rules will apply:
1. Pre - promotion is only allowed for an event taking place during the months of October and
November. If your event takes place after that, you must apply for funding in the next fiscal
year. `
2. All pre - promotion funding MUST be spent prior to September 30 of the fiscal year you are
funded in. (For example: If pre - promotion is for a November 7 th event, you must place that ad
and spend the money prior to September 30 th .
Monroe County Tourist Development Council Cultural Umbrella Application FY 2013
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 2013
EVENT NAME: Performance at St. Paul's
MEDIA PLACEMENT & PRODUCTION COSTS: newspaper, radio, magazines,
TV, website /internet advertising only $8,343
PROMOTIONAL SIGNS: posters /banners $300
PROMOTIONAL ITEMS: t- shirts, hats, jackets, koozie cups $0.00
DIRECT MAIL PROMOTIONS: brochures /pamphlets/
postage & shipping $0.00
PROGRAMS: $400.00
PUBLIC RELATIONS 0
*GENERAL NON - ALLOCATED $300
TOTAL: $9,343.00
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.