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BOARD OF COUNTY COMMISSIONERS
Mayor David Rice, District 4
Mayor Pro Tem Sylvia J. Murphy, District 5
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Danny L. Kolhage, District 1
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George Neugenf District 2
Heather Carruthers, District 3
County Commission Meeting
October 17, 2018
Agenda Item Number: E.1
Agenda Item Summary #4475
BULK ITEM: Yes DEPARTMENT: Tourist Development Council
TIME APPROXIMATE: STAFF CONTACT: Ammie Machan (305) 296 -1552
N/A
AGENDA ITEM WORDING: Approval of Cultural Umbrella Event Agreements for FY 2019 as
per attached summary sheet totaling $475,190
ITEM BACKGROUND: In order to reduce the vast quantity of paper work, we request your
approval of the cultural events outlined in the attached spreadsheet wherein the contract ID number,
organization, event name, event dates, funding allocated, district(s), line item number, expiration and
effective dates are provided. A boilerplate cultural agreement is provided for your information.
TDC approved the same at their meeting of August 1, 2018
PREVIOUS RELEVANT BOCC ACTION: At the meeting of April 19, 1995 the BOCC approved
the TDC's reduction of repetitive paperwork wherein the TDC would provide a summary of event(s)
funding information for approval.
CONTRACT /AGREEMENT CHANGES:
New Agreements
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
FY 2019 Cultural Events - Funding Allocation Summary Sheet and Boilerplate Agreement
FINANCIAL IMPACT:
Effective Date: Various — provided on attached summary sheet
Expiration Date: Various — provided on attached summary sheet
Total Dollar Value of Contract: $475,190
Total Cost to County: No Cost to County
Current Year Portion: $475,190
Budgeted: Yes
Source of Funds: TDC
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant:
County Match:
Insurance Required: No
Additional Details: Effective Date, Expiration Date and funding amounts for each agreement
provided on attached summary sheet
REVIEWED BY:
Maxine Pacini
Completed
09/21/2018 2:30 PM
Christine Limbert
Completed
09/26/2018 4:50 PM
Budget and Finance
Completed
09/26/2018 4:58 PM
Maria Slavik
Completed
09/27/2018 8:38 AM
Kathy Peters
Completed
09/27/2018 11:03 AM
Board of County Commissioners
Pending
10/17/2018 9:00 AM
ID
Event name
Organization
Funds allocated
Event Date
District
Line Itme Number
Exilpration Date
Effective Date
2164
21st Afro Roots Fest
Community Arts and Culture, Inc.
$14,931.00
April -June
1, IV, V
115 75011 530340 TC95 928 X 530480
August 29, 2019
2019
October 17, 2018
October 2018-
2186
Christopher Peterson's
Christopher Peterson's Eyecons
$12,750.00
September
1
115 75011 530340 TC95 899 X 530480
November 29, 2019
EYECONS
1
2019
October 1, 2018
2180
Florida Keys Celtic Festival
Florida Keys Celtic Festival, Inc.
$21,000.00
January 2019-
111
115 75011 530340 TC95 808 X 530480
October 30, 2019
August 2019
October 17, 2018
2162
Florida Keys Guitar Summit
Classical Guitar Productions
$14,875.00
October 2018-
1, 11, 111,
115 75011 530340 TC95 876 X 530480
August 29, 2019
June 2019
IV, V
October 1, 2018
21881
Fringe Theater Key West
Fringe Theater of Key West, Inc.
$13,117.00
November 2018
1
115 75011 530340 TC95 772 X 530480
September 29, 2019
- July 2019
October 1, 2018
2171
History of Diving Museum
The Florida Keys History of Diving
$12,369.00
January 2019-
IV
115 75011 530340 TC95 498 X 530480
August 29, 2019
Museum, Inc.
June 2019
October 17, 2018
2182
1 Love Stock Island
I Love Stock Island, Inc.
$21,000.00
December 2018
11
115 75011 530340 TC95 900 X 530480
March 1, 2019
October 1, 2018
2169
Impromptu Classical Concerts
Key West Impromptu Classical Concerts,
$11,692.00
January- March
1
115 75011 530340 TC95 041 X 530480
May 30, 2019
2019 Season
Inc.
2019
October 17, 2018
2192
International Sand Art
Just Sand and Water LLC
$11,107.00
November 2018
1
115 75011 530340 TC95 841 X 530480
January 29, 2019
Competition
October 1, 2018
2168
Islamorada Community
Islamorada Community Entertainment,
$14,630.00
December 2018
IV, V
115 75011 530340 TC95 875 X 530480
June 29, 2019
Entertainment, Inc. (ICE)
Inc.
April 2019
October 1, 2018
2184
Island Art Festival
Lower Keys Chamber of Commerce, Inc.
$8,000.00
November 2019
11
115 75011 530340 TC95 652 X 530480
November 29, 2019
October 17, 2018
Key West Art & Historical
October 2018-
2195
Society Cultural Heritage
Key West Art and Historical Society, Inc.
$12,752.00
September
1
115 75011 530340 TC95 335 X 530480
November 29, 2019
Series
2019
October 1, 2018
2170
Key West Burlesque
Key West Burlesque
$13,186.00
October 2018-
I, IV
115 75011 530340 TC95 770 X 530480
June 29,2019
April 2019
October 1, 2018
2197
Key West Full Moon
Visualize Entertainment, Inc.
$10,779.00
October 2018 -
1
115 75011 530340 TC95 259 X 530480
August 29, 2019
Experience
June 2019
October 1, 2018
ID
Event name
Organization
Funds allocated
Event Date
District
Line Itme Number
Exilpration Date
Effective Date
2165
Key West Garden Club
Key West Garden Club, Inc.
$12,042.00
October 2018-
1
115 75011 530340 TC95 365 X 530480
June 29, 2019
April 2019
October 1, 2018
2172
Key West Literary Seminar
Key West Literary Seminar, Inc.
$12,825.00
January 2019
1
115 75011 530340 TC95 027 X 530480
April 1, 2019
October 17, 2018
2 1751
Key West Theater
Key West Theater and Community Stage,
$10,705.00
November 2018
1
115 75011 530340 TC95 844 X 530480
October 30, 2019
Inc.
August 2019
October 1, 2018
October 2018 -
2196
Key West Tropical Forest &
Key West Botanical Garden Society, Inc.
$12,459.00
September
1
115 75011 530340 TC95 637 X 530480
November 29, 2019
Botanical Garden
2019
October 1, 2018
2176
Marathon Community Theatre
The Marathon Community Theatre, Inc.
$23,500.00
October 2018 -
111
115 75011 530340 TC95 040 X 530480
November 29, 2019
October 2019
October 1, 2018
2178
Master Chefs Classic
Monroe Association for Remarkable
$6,415.00
January 2019 -
1
115 75011 530340 TC95 711 X 530480
April 29, 2019
Citizens
February 2019
October 17, 2018
October 2018 -
2177
Mel Fisher Maritime Museum
The Mel Fisher Maritime Heritage
$13,519.00
September
1
115 75011 530340 TC95 710 X 530480
November 29, 2019
Society, Inc.
2019
October 1, 2018
October 2018 -
2174
Morada Way Arts & Cultural
Morada Way Arts & Cultural District, Inc.
$13,563.00
September
IV
115 75011 530340 TC95 744 X 530480
November 29, 2019
District
2019
October 1, 2018
2181
Mystery Fest Key West
Mystery Fest Writers Forum, Inc.
$8,798.00
June 2019
1
115 75011 530340 TC95 896 X 530480
August 29, 2019
October 17, 2018
2185
Nutcracker Key West
Paradise Ballet Theatre Presenters, Inc.
$11,802.00
December 2018
1
115 75011 530340 TC95 610 X 530480
March 1, 2019
October 1, 2018
2183
Old Island Restoration
Old Island Restoration Foundation, Inc.
$13,117.00
December 2018
1
115 75011 530340 TC95 018 X 530480
May 30, 2019
Foundation
March 2019
October 1, 2018
2 179
Pigeon Key Art Festival
Pigeon Key Foundation, Inc.
$21,188.00
February 2019
111
115 75011 530340 TC95 029 X 530480
April 29, 2019
October 17, 2018
2166
Pops in the Park
Florida Keys Community Concert Band
$13,311.00
November 2018
IV, V
115 75011 530340 TC95 449 X 530480
June 29, 2019
- April 2019
October 1, 2018
2189
Rams Head Promotions
Rams Head Promotions, LLC
$13,007.00
October 2018 -
1
115 75011 530340 TC95 260 X 530480
August 29, 2019
June 2019
October 1, 2018
2190
Randy Roberts LIVE!
Jumping Joe Productions, Inc.
$13,263.00
September
1
115 75011 530340 TC95 898 X 530480
November 29, 2019
__
I
October 1, 2018
ID
Event name
Organization
Funds allocated
Event Date
District
Line Itme Number
Exilpration Date
Effective Date
2191
Red Barn Theater
Red Barn Actors' Studio, Inc.
$13,373.00
October 2018 -
1
115 75011 530340 TC95 898 X 530480
July 30, 2019
May 2019
October 1, 2018
2194
South Florida Symphony
South Florida Symphony Orchestra, Inc.
$12,386.00
October 2018 -
1
115 75011 530340 TC95 812 X 530480
August 29, 2019
Orchestra
June 2019
October 1, 2018
2187
Tennessee Williams Theatre
Performing Arts Centers of Key West, Inc.
$13,154.00
November 2018
1
115 75011 530340 TC95 021 X 530480
June 29,2019
April 2019
October 1, 2018
2193
The Studios of Key West
The Studios of Key West, Inc.
$12,788.00
December 2018
1
115 75011 530340 TC95 611 X 530480
August 29, 2019
June 2019
October 1, 2018
October 2018 -
2163
Tropic Cinema
Key West Film Society, Inc.
$7,585.00
September
1
115 75011 530340 TC95 531 X 530480
November 29, 2019
2019
October 1, 2018
2167
Truman Little White House
The Key West -Harry S. Truman
$10,610.00
October 2018 -
1
115 75011 530340 TC95 516 X 530480
August 29 2019
Presents
Foundation, Inc.
June 2019
October 1, 2018
2173
Waterfront Playhouse
Key West Players, Inc.
$13,592.00
November 2018
1
1
115 75011 530340 TC95 023 X 530480
August 29, 2019
June 2019
1
jOctober 1, 2018
ITotal Allocation: 1 $475,190.001
CULTURAL 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 Organization (Event Contractor) on this day of
, 2018.
WHEREAS, Florida Keys Council of the Arts, the Umbrella organization under contract with 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; and
WHEREAS, the Umbrella organization recommends allocation of funds for the Event (Event)
on Event Date.
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 (Dollars — TDC District district funding
Allocation) effective Effective Date for promotion and related expenditures, as described in the event
budget, attached hereto as Exhibit D, for production of the Event. Of this amount, no more than 30%
or $ shall be expended on advertising media placement and production costs line item
attributable to in- county placement. No amendments shall be made to the Budget as set forth in
Exhibit D after approval of agreement. Payment will be made only after Event Contractor submits
invoices and supporting 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 Board of County Commissioners.
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 supporting documentation
as required by the County's Finance Department rules and policies no later than EXPIRATION DATE
unless the date of the event is amended upon written approval of the Cultural Umbrella and TDC
Director. Event Contractor shall not be reimbursed nor will Event Contractor's vendors be paid
directly for any invoices received by the County after EXPIRATION DATE unless the date of the
event is amended upon written approval of the Cultural Umbrella and TDC Director, 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 reimbursement deadline 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
Event Name: «Event name»
Cultural Umbrella Funding FY 2019
Contract I D #:
1
directly by the same entity named on the agreement with the County. For clarification on
reimbursements, please refer to the reimbursement packet provided to you upon execution of your
funding agreement.
4. Expiration of Agreement This agreement expires on EXPIRATION DATE 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 reimbursement deadline
date, unless the date of the event is amended upon written approval of the Cultural Umbrella and TDC
Director.
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 under this agreement to broadcast or
rebroadcast, for any purpose whatsoever, radio, television, sound, video or film production, and still
photographs, paid by the TDC and County, and produced by the TDC agencies of record.
7. 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 TDC and 3406 North Roosevelt Boulevard Corporation d /b /a 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 the negligent or wrongful act or omission of County or its agents.
8. Non - Waiver of Immunity Notwithstanding the provisions of Sec. 768.28, Florida
Statutes, the participation of the Event Contractor and the County in this Agreement and the
acquisition of any commercial liability insurance coverage, self- insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent
of liability coverage, nor shall any contract entered into by the County be required to contain any
provision for waiver.
9. Ethics Clause The Event Contractor warrants that it has not employed, retained or
otherwise had act on 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
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
Event Name: «Event name»
Cultural Umbrella Funding FY 2019
Contract I D #:
061
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.
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, written 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 agreement 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 — Exhibit B). 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 orjpg file), contact Karen Piedra or John Underwood
with Tinsley Advertising at 305 - 856 -6060.
Event Name: «Event name»
Cultural Umbrella Funding FY 2019
Contract I D #:
3
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 Karen Piedra 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
power to execute such agreement to any person, company or corporation without prior written
consent of the County.
19. Modification The event name, time & date of the event and Schedule of Activities may
be amended upon written approval of the Advisory Committee and TDC Director. Any changes to
said contract other than stated above require approval by the Advisory Committee, TDC and the
County.
20. Non Occurrence of Event The Event Contractor shall give written notice to the TDC 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, but this in no way exempts the Event Contractor from applicable Federal and State taxes.
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
Event Name: «Event name»
Cultural Umbrella Funding FY 2019
Contract I D #:
a
il
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 County and Event Contractor agree that
there will be no discrimination against any person, and it is expressly understood that upon a
determination by a court of competent jurisdiction that discrimination has occurred, this Agreement
automatically terminates without any further action on the part of any party, effective the date of the
court order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local
ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title
VI of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the basis of race, color
or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-
1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the
Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis
of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101 -6107) which
prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL
92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970
(PL 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism;
7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee -3), as
amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil
Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental
or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as
maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe
County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex,
religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or
age; 11) any other nondiscrimination provisions in any Federal or state statutes which may apply to
the parties to, or the subject matter of, this Agreement.
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 (if a corporation), 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 or
other appropriate authority.
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.
Event Name: «Event name»
Cultural Umbrella Funding FY 2019
Contract I D #:
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:
For Grantor: Maxine Pacini
Monroe County Tourist Development Council
1201 White Street, Suite 102
Key West, FL 33040
Christine Limbert- Barrows, Asst. County Attorney
P.O. Box 1026
Key West, FL 33041 -1026
32. Force Maieure 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.
Event Name: «Event name»
Cultural Umbrella Funding FY 2019
Contract I D #:
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first
above written.
Event Name: «Event name»
Cultural Umbrella Funding FY 2019
Contract I D #:
(SEAL)
Attest: Kevin Madok, Clerk
Deputy Clerk
Organization Name
By
President
Print Name
Date:
AND TWO WITNESSES
(1)
Print Name:
Date:
Board of County Commissioners
of Monroe County
Mayor /Chairman
(2)
Print Name
Date
7
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, social media promoted posts, and email blasts. Digital
advertising links may go to the event website. The TDC Logo must be placed on all print, TV,
websites, social media promoted posts, 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 and shipping. This
is a direct mail promotional brochure, postcard or 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 (PR): 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.
Event Name: «Event name»
Cultural Umbrella Funding FY 2019
Contract I D #:
Logo /Acknowledgement Usage 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" Out -of- County logo
EXHIBIT B
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 Karen Piedra or John Underwood with Tinsley Advertising
at 305 - 856 -6060.
The
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MONROE COUNTY TOURIST 6EVEtOPI MEh,1 CO NC1?;
Out -of- County Logo
The logo below 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 Karen Piedra or John Underwood at Tinsley Advertising at 305 - 856 -6060.
Event Name: «Event name»
Cultural Umbrella Funding FY 2019
Contract I D #:
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CONSIDERED FOR IIBU SEB
THERE TILL BE NO AMENDMENTS TO THIS BUDG (EXH IBIT ) AFTER BOCC APPROVAL
OF AGREE
EVENT NAME
'MEDIA PLACEMENT & PRODUCTION COST:
( Only 30% of this lire itern may be spent on in-county advertising)
$
PROMOTIONAL SIGNS:
$
PROMOTIONAL ITEMS:
$
DIRECT MAIL PROMOTIONS:
$
PROGRAMS /PLAY BILLS:
$
PUBLIC RELATIONS:
$
"GENERAL NON - ALLOCATED:
(1 =Unds applied to Media Placement & ProdUction Cost may only
be applied to out-of-county advertising)
$
TOTAL
$
*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 1'5% 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.
Event Name: «Event name»
Cultural Umbrella Funding FY 2019
Contract I D #:
11