FY2014 10/16/2013 Agreement1
CULTURAL EVENT FUNDING CONTRACT /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 Pa 's rotestant Episcopal Church of Key
West, Florida ( "Event Contractor') on this _jj� day of , 2013.
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 Contractor;
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 $6,608 (Six Thousand, Six Hundred
and Eight Dollars — TDC District I Funding Allocation) effective October 1, 2013 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 November, 2013 and May, 2014. Of this amount, no more
than 30% or $1,842 shall be expended on advertising media placement and production costs line
item attributable to in- county placement. No amendments shall be made to Exhibit "D" after
approval of agreement. Payment will be made only after Event Contractor 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 Contractor Event Contractor 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 Event Contractor agrees to submit all invoices and support documentation as
required by the County's Finance Department rules and policies no later than July 30, 2014 Event
Contractor shall not be reimbursed nor will Event Contractor's vendors be paid directly for
any invoices received by the County after July 30, 2014 and the County shall not be obligated to
pay for any services provided by Event Contractor under this agreement if documentation as noted
above is not received on or before this expiration date. To be eligible for reimbursement, the request
for reimbursement and supporting documents (checks, invoices, credit card statements, bank
statements, etc.) must show that the items were paid for directly by the same entity named on the
contract with the County.
4. Expiration of Agreement This agreement expires on July 30, 2014 and the County
shall not be obligated to pay for any services provided by Event Contractor under this agreement if
documentation as noted above is not received on or before this expiration date.
Performance at St. Paul's
Cultural Umbrella Funding FY 2014
Contract ID #.• 1246
5. Reimbursement to County Event Contractor 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 Contractor.
6. Media rights The TDC shall have the right to broadcast, rebroadcast, use, reproduce or
transmit for any purpose whatsoever, radio, television, pictures, sound, film and tape motion pictures
and still photographs paid by the County and TDC under this agreement.
7. Ownership All advertising and promotion work performed under the agreement and
paid for by the County and TDC shall be the property of the County and TDC, for whatever use and /or
disposition the County and TDC may deem appropriate.
8. Indemnification and Hold Harmless The Event Contractor covenants and agrees to
indemnify and hold harmless and defend Monroe County, its officers, employees and agents
including the Tourist Development Council and Visit Florida Keys from any and all claims for bodily
injury (including death), personal injury, and property damage (including property owned by Monroe
County) and any other losses, damages, and expenses (including attorney's fees) which arise out of,
in connection with, or by reason of the services provided by Event Contractor, or other activities and
funding associated with this agreement, except those losses or damages caused by County or its
agents.
9. Ethics Clause The Event Contractor warrants that it has not employed, retained or
otherwise had act on its behalf, any former County office or employee in violation of Section 2 or
Ordinance No. 10 -1990 or any County officer or employee in violation of Section 3 of Ordinance No.
10 -1990. For breach or violation of the provision the County may, at its discretion terminate this
agreement without liability and may also, at its discretion, deduct from the agreement or purchase
price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration
paid to the former or present County officer or employee.
10. Claims and Venue Event Contractor agrees to notify County immediately of any claims
suits, or action made against the Event Contractor 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.
11. Severability If any provision of this agreement shall be held by a Court of competent
jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby; and
each provision of this agreement shall be valid and enforceable to the fullest extent permitted by law.
12. Governing Law/Venue This agreement shall be governed by and construed in
accordance with the laws of the State of Florida applicable to contracts made and to be performed
entirely in the State. In the event that any cause of action or administrative proceeding is instituted for
the enforcement or interpretation of the agreement, the County and Event Contractor agree that
venue shall lie in the appropriate court or before the appropriate administrative body in Monroe
County, Florida. This agreement shall not be subject to arbitration.
Performance at St. Paul's
Cultural Umbrella Funding FY 2014
Contract ID #: 1246
2
13. Accounting and Records Event Contractor 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.
14. Termination of Agreement County may terminate this agreement without cause by
providing written notice to Event Contractor, 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 Contractor,
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 Contractor 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.
15. 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.
16. Logo Logo Usage guidelines are attached to this contract as Exhibit "B ". All
promotional literature and display advertising must display the "Florida Keys & Key West Come As
You Are" logo /trademark (as per attached logo sample). This logo /trademark 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 on in- county print newspaper and magazine ads, brochures, postcards,
pamphlets, programs, posters, banners (hanging and displayed outdoors), and digital advertising on
websites, website links, pre roll video, banners, mobile and email blasts. 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.
Out of County Logo The logo that does NOT include the "Monroe County Tourist Development
Council" designation is to be utilized in out -of- county newspapers and magazines, brochures,
postcards, pamphlets, programs, posters, and digital advertising on websites, website links, pre roll
video, banners, mobile and email blasts. 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.
17. Permits The Event Contractor will secure all required permits, licenses and shall pay
all appropriate business taxes.
18. Assignment The Event Contractor shall not assign, transfer, convey, sublet or
otherwise dispose of this agreement, or of any or all of its right, title or interest therein, or his or its
Performance at St. Paul's
Cultural Umbrella Funding FY 2014
Contract ID #: 1246
EXHIBIT D
CULTURAL UMBRELLA EVENT BUDGET - FISCAL YEAR 2014
APPLICANT IS ADVISED PRIOR TO COMPLETING THIS BUDGET TO REFER TO THE FUNDING APPLICATION
SHOWING THE ALLOWABLE MARKETING EXPENSES THAT WILL BE CONSIDERED FOR REIMBURSEMENT
THERE WILL BE NO AMENDMENTS TO THIS BUDGET {EXHIBIT D} AFTER BOCC APPROVAL OF AGREEMENT
Performance at St. Paul's
EVENT NAME
*MEDIA PLACEMENT & PRODUCTION COST:
( Only 30% of this line item may be spent on in-county advertisin
$6,138
PROMOTIONAL SIGNS:
$200
PROMOTIONAL ITEMS:
$0
DIRECT MAIL PROMOTIONS:
$0
PROGRAMS /PLAY BILLS:
$270
PUBLIC RELATIONS:
$0
**GENERAL NON - ALLOCATED:
$0
TOTAL
$6,608
*No more than 30% of the Media Placement and Production Costs line item shall be expended on
advertising media costs attributable to in- county placement (see Exhibit A of Application).
**The General Non - Allocated line item should not exceed 15% of the total funding allocation, and may
only be utilized for acceptable event marketing expenses (see Exhibit A of application).
Actual expenditures may deviate no more than 10% from the budgeted line items noted above
TDC will only consider reimbursement of permissible marketing expenditures that highlight the special
event versus the regular programming of a business, organization or the facility.
power to execute such agreement to any person, company or corporation without prior consent of the
County.
19. Modification Any changes to this contract may be made only by written mutual
agreement, recommended by the TDC and approved by the County.
20. Non Occurrence of Event The Event Contractor shall give written notice to the Monroe
County Tourist Development Council if it is found necessary to cancel an event. The notice shall
contain the reason for the cancellation. If the event does not take place for any reason under control
of Event Contractor, then Event Contractor agrees to refund to the County any amounts already paid
to them under this agreement, and relieve the County from any further payments.
21. Laws and Regulations Any and all services, materials and equipment shall comply fully
with all Local, State and Federal laws and regulations.
22. Taxes The County and TDC are exempt from Federal Excise and State of Florida Sales
Tax.
23. Finance Charges The County and TDC will not be responsible for any finance charges.
24. Relation of County/TDC It is the intent of the parties hereto that the Event Contractor
shall be legally considered as an independent contractor and that neither it nor its employees shall,
under any circumstances, be considered servants or agents of the County and TDC, and the County
and TDC shall at no time be legally responsible for any negligence on the part of said Event
Contractor, its employees or agents, resulting in either bodily or personal injury or property damage to
any individual, firm or corporation.
25. Disclosure The Event Contractor shall be required to list any or all potential conflicts
of interest, as defined by Florida Statutes Chapter 112 and Monroe County Code. The Event
Contractor shall disclose to the County and TDC all actual or proposed conflicts of interest, financial
or otherwise, direct or indirect, involving any client's interest which may conflict with the interest of the
County and TDC.
26. Compliance with Laws - Nondiscrimination The Event Contractor, shall comply with all
federal, state and local laws and ordinances applicable to the work or payment for work thereof, and
shall not discriminate on the grounds of race, color, religion, sex, age or national origin in the
performance of work under this agreement. This agreement shall be subject to all federal, state and
local laws and ordinances.
27. Security Protection The Event Contractor agrees to provide adequate security for the
event. No TDC funds will be used for this purpose.
28. Authority Each of the signatories for the Event Contractor below certifies and warrants
that: a) The Event Contractor'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 Event Contractor and
c) this agreement has been approved by the Event Contractor's governing board.
Performance at St. Paul's
Cultural Umbrella Funding FY 2014
Contract /D #: 1246
4
29. Miscellaneous As used herein, the terms "contract" and "agreement" shall be read
interchangeably.
30. Breach and Penalties The parties agree to full performance of the covenants contained
in this agreement, and the County reserves the right at its discretion, provided such breach is
material, to terminate this agreement for any misfeasance, malfeasance or nonperformance of the
agreement terms or negligent performance of the agreement terms by the Event Contractor.
31. Notice Any notice required or permitted under this agreement shall be in writing and
hand delivered, emailed or mailed, postage prepaid, to the other party by certified mail, returned
receipt requested to the following:
For Grantee: Amy Gage
401 Duval Street
Key West, FL 33040
For Grantor: Lynda Stuart
Monroe County Tourist Development Council
1201 White Street, Suite 102
Key West, FL 33040
And
Cynthia Hall, Asst. County Attorney
P.O. Box 1026
Key West, FL 33041 -1026
32. Force Majeure The Event Contractor shall not be liable for delay in performance or
failure to perform in whole or in part, the services due to the occurrence of any contingency beyond
its control or the control of any of its subcontractors or suppliers, including labor dispute, strike, labor
shortage, war or act of war whether an actual declaration thereof if made or not, insurrection,
sabotage, riot or civil commotion, act of public enemy, epidemic, quarantine restriction, accident, fire,
explosion, storm, flood, drought or other act of God, act of any governmental authority, jurisdictional
action, or insufficient supply of fuel, electricity, or materials or supplies, or technical failure where the
Event Contractor has exercised reasonable care in the prevention or mitigation of damages and
delay, any such delay or failure shall not constitute a breach of the agreement. Upon demand of TDC
or County, the Event Contractor must furnish evidence of the causes of such delay or failure. County
shall not pay for any services or activities, promotional or otherwise, connected with an event
produced after the date(s) described in paragraph 1.
33. Entire Agreement The parties agree that the agreement above constitutes the entire
agreement between the County and Event Contractor.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Performance at St. Paul's
Cultural Umbrella Funding FY 2014
Contract ID #. 1246
WHEREOF, the parties have executed this agreement, effective the day and year first
n, Clerk
Board of County Commissioners
of Monroe County
, a
M yor /Chairman
Saint Paul's Protestant Episcopal
Church of Key West, Florida
(CORPORATE SEAL)
Attest:
By
Secretary
Print Name
Date: �o 3
OR TWO WITNESSES (only necessary when President does NOT sign)
(1)
Print Name
Date:
Performance at St. Paul's
Cultural Umbrella Funding FY 2014
Contract IDA 1246
80 :1 Wd 6 Z 100 E I Ol
"03]'� JO.31 02112
(2)
Print Name
Date:
MON E COUNTY ATT�OOfRRNN
A ROV AS yO��
YNTHIA L. HALL
ASSISTANT COUNTY A ORNEY
Date —
31
EXHIBIT A
Acceptable Event Marketing Expenses for Cultural Events
Within the Cultural Umbrella events funding category, the allocation received by the Event Contractor
is to be spent on the list of items that have been approved. Only the TDC expenses listed below may
be included in the proposed budget. The following are the only acceptable expenses:
Media Placement & Production Costs Newspapers and magazines (inserts will also be
considered); radio; and TV. The TDC will pay for the following digital advertising on websites,
website links, pre roll video, banners, mobile and email blasts. Digital advertising links may go to the
event website. The TDC Logo must be placed on all print, TV, websites, pre roll video, banners and
email blasts. Radio advertising does not require the logo but all radio announcements must say
"Brought to you by the Monroe County Tourist Development Council ". No payment will be made for
development or operations (hosting) of websites. No more than 30% of the Media Placement and
Production Costs line item shall be expended on advertising media costs attributable to in- county
placement.
Promotional Signs Posters and banners (hanging and displayed outdoors).
Promotional Items T -shirts and hats *.
*Sales /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.
Direct Mail Promotions Brochures /postcards and pamphlets including postage /shipping. This is a
direct mail promotional brochure /postcard /pamphlet utilized for pre -event advertising.
Programs /Play Bills TDC will pay up to fifty percent (50 %) of the cost of production and printing of
an event program /play bills showing scheduled activities and information on the event, as outlined in
contract budget.
Public Relations MR): Print and electronic public relations materials for distribution to media, such
as, but not limited to, press releases, public service announcements, photography and videography
as approved by the public relations agency of record. Only permissible PR material produced by the
TDC agency of record and /or a professional public relations agency shall be acceptable.
In -House Production: In -house production of any permissible expenditure will not be considered for
reimbursement.
Event Marketing Reimbursement: TDC will only consider reimbursement of permissible marketing
expenditures that highlight the special event versus the regular programming of a business,
organization or the facility.
Amendments to Contract Budgets No amendments to the line item budget will be permitted after
the contract has been reviewed and approved.
Performance at St. Paul's
Cultural Umbrella Funding FY 2014
Contract ID #: 1246
7
EXHIBIT B
Logo /Acknowledgement Usaae Guidelines For Cultural Events
Color ads four (4) color processing printing
Black & white ads shall include the Florida Keys and Key West logo in high resolution
Use on all printed material as listed under the Acceptable Event Marketing Expenses list
TV: logo must appear at the conclusion of commercial
Hats and t- shirts: 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 logo below indicating the "Monroe County Tourist Development Council" designation is to be
utilized on in- county print newspaper and magazine ads, brochures, postcards, pamphlets, programs,
posters, banners (hanging and displayed outdoors), and digital advertising on websites, website links,
pre roll video, banners, mobile and email blasts. 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 y Xest
Y come as you are
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
Out -of- County Logo
The logo below that does NOT include the "Monroe County Tourist Development Council" designation
is to be utilized out -of- county newspapers and magazines, brochures, postcards, pamphlets,
programs, posters, and digital advertising on websites, website links, pre roll video, banners, mobile
and email blasts. 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
FloriddKeys
& Key A
....6 come as you are
Performance at St. Paul's
Cultural Umbrella Funding FY 2014
Contract ID #: 1246
EXHIBIT C
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
CULTURAL UMBRELLA
SCHEDULE OF ACTMT1ES
FISCAL YEAR 2014
EVENT NAME: PERFORMANC AT ST. PAUL'S
List scheduled event activities in Monroe County in date order * ( Must match owe 9)
Activity Month Event Occurs Num ber of Days
Organ Recital
Choral Event
Annnual Christmas Concert
String Studio of Key West Red
Boars Head Festival
Literary Reading
Dramatic Performance
Miami Intl Piano Festival
Choral Events
Classical/Popular Music Events
Spontaneous Music Event
November
1
November
1
December
1
December
1
January '
1
January-Feb
1
February
1
January4Aarch
2
March
2
January-May 4
January -May 1
*If part of your funding request for its fiscal year is to promote event activities
( pre - promotion), then the blowing rules wiN apply: tWWV PIWe in the next fiscal year
1. Pre - promotion is or►ty 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- promofion funding MUST be spent prior to September 30 of the frsc:al year
(For example: If pre- promotion is for a November 7 even d s are funded in.
Prior to September,) k You must place that ad and spend the money
Aknroe Courly Tourist Devalapment Cound QJftgd Umbrella APpJicefion FY 2014