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Item D5 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: NOVEMBER 22, 2000 Division: TDC Bulk Item: Yes XXX No Department: N/A AGENDA ITEM WORDING: Approval of an Agreement with Old Island Restoration Foundation, Inc. covering the 41st Annual Key West House & Garden Tours on January 26- 27; February 16-17 and March 2-3, 2001 in an amount not to exceed $5,732.00, FY 2001 Two Penny Cultural Umbrella Funding. ITEM BACKGROUND: TDC approved same at their meeting of July 19, 2000. PREVIOUS RELEVANT BOCC ACTION: SOCC approved FY 2001 budget at their meeting of September 21,2000. STAFF RECOMMENDATION: Approval TOTAL COST: $5,732.00 BUDGETED: YES COST TO COUNTY: $5,732.001T0URIST PAY DIVISION APPROVAL: <~_~ct/ Lynda M. Stuart (Type/print name) DOCUMENTATION: Included: X To Follow: Not Required Agenda Item # ~ , LJ.K. sing X Risk Management X APPROVED BY: County Attorney X MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Old Island Restoration Foundation, Inc. Effective Date: 11/22/2000 Contract Purpose/Description: Agreement with the Old Island Restoration Foundation, Inc. covering the 41st Annual Key West House & Garden Tours on January 26-27; February 16-17 and March 2-3, 2001 in an amount not to exceed $5,732.00, FY 2001, Two Penny Cultural Umbrella Funding. Contract Manager: Maxine Pacini X3523 Tourist Development Council (Name) (Ext) (Department) For BOCC meeting on 11/22/2000 Agenda Oeadline:11nl2000 Contract Costs Total Dollar Values of Contract: $5,732.00 Current Year Portion: $ Budgeted? Yes -1S- No Account Codes: 11575011 530340 T15C 018X 530480 Grant: $ County Match: $ Estimated Ongoing Costs: $ (not included in dollar value above) ADDITIONAL COSTS Iyr. For: (e.g. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW DATE IN CHANGES NEEDED? Yes No REVIEWER DATE OUT (v l\bl6o v ~u;;;/ /121/#it7zJ / C\ .\ \h~~-t)ol'" fL'/.J!:iJ6D .'/ S. Hutton 10IlDI.Q.P / y~ a&-~ /{)I/~Oo (Final reviewer should return-- ontract to originator) LO Ii}}.! 00 Division Director /j)I/~~ Risk Management County Attorney ~u~ng 10 IIG I cP --- Comments: FUNDING AGREEMENT THIS AGREEMENT is made and entered into by and between the Board of County Commissioners of Monroe County, Florida, (hereinafter referred to as the "BOCC") and Old Island Restoration Foundation, Inc. (hereinafter referred to as "Event Sponsor"); WHEREAS, the umbrella organization under contract to the BOCC has recommended to the Monroe County Tourist Development Council (hereinafter "TOC"), which has endorsed the recommendation, that certain monies be allocated for promotion of an event; THEREFORE; in consideration of the mutual promises contained herein, the parties agree as follows: 1. BOCC shall pay a sum not to exceed $5,732.00 (Five Thousand, Seven Hundred and Thirty Two Dollars) for promotion and related expenditures effective October 1, 2000, as described in the event budget, attached hereto as Exhibit A, for production of the 41st Annual Key West House & Garden Tours on January 26-27; February 16-17 and March 2-3, 2001. 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 for 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: Monroe County's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the BOCC. 2. Event Sponsor shall provide promotion and related services as described in the Sponsor's application for funding, Exhibit B, attached hereto. All advertising and public relations services or supervision of advertising and public relations will be provided through the contracted agencies of the Tourist Development Council (TOC) and BOCC. The agencies of record, shall receive payment of work in progress upon submission of documented invoices associated with said event. Event sponsor fully understands that funding is obtained from tourist development taxes for which the fiscal year ends September 30, 2001. 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 30,2001, 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 after September 30, 2001, except that for events with promotional expenditures occurring from August 1 through September 30,2001, invoices must be submitted within ninety (90) days of the conclusion of the event. 1 4151 Annual Key West House & Garden Tours Cultural Umbrella Funding FY 2001 3. Event Sponsor shall reimburse BOCC for any amount of funds expended by BOCC in connection with an event which does not occur as a result of any act or omission by Event Sponsor. 4. Event Sponsor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners 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. Should event involve the serving or distribution of alcoholic beverages, Event Sponsor shall obtain prior to the event a Liquor . Liability insurance policy naming Monroe County as a co-insured. 5. Event Sponsor shall maintain records pursuant to generally accepted accounting principles for three (3) years after the event and shall permit BOCC and its agents and employees access to said records at reasonable times. 6. BOCC may terminate this agreement without cause upon providing written notice to Event Sponsor no less than sixty(60) days prior to the event and may terminate for breach upon providing to Event Sponsor notice at least seven (7) days prior to the effective date of the termination. 7. Event sponsor is an independent contractor and shall disclose any potential conflicts of interest as defined by Florida Statutes, Chapter 112 and Monroe County Code, Article XXI.' 8. 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 or Ordinance No. 10-1990 or any COUNTY officer or employee in violation of Section 3 of Ordinance NO.1 0-1990. For breach or violation of the provision the COUNTY may, at its discretion terminate this contract without liability and may also, at its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former or present COUNTY officer or employee. 9. "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. II 2 4151 Annual Key West House & Garden Tours Cultural Umbrella Funding FY 2001 IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative, the day of , 2000. (SEAL) Attest: Danny L. Kolhage, Clerk Board of County Commissioners of Monroe County Deputy Clerk Mayor/Chairman WITNESS: Old Island Restoration Foundation Inc. By. By President 3 41 sl Annual Key West House & Garden Tours Cultural Umbrella Funding FY 2001 EXHIBIT A SUMMARY TOURIST DEVELOPMENT COUNCIL CULTURAL UMBRELLA APPROVED BUDGET BREAKDOWN FISCAL YEAR 2000/2001 EVENT NAME: 41st ANNUAL HOUSE & GARDEN TOURS DIRECT MAIL & POSTAGE $ 630 BROCHURES, POSTERS, PROGRAMS $1,000 PUBLIC RELATIONS $ PHOTO PROGRAM $ MEDIA ADVERTISING OUT OF COUNTY $2,600 IN COUNTY $1,400 T-SHIRTS, CAPS, JACKETS $ *GENERAL - NON-ALLOCATED $ 102 TOTAL: $5,732 *GENERAL NON-ALLOCATED IS NOT TO EXCEED 15% OF THE AMOUNT AWARDED BY THE MONROE COUNTY TOURIST DEVELOPMENT COUNCIL FOR TmS SPECIFIC EVENT. *MAXIMUM REQUEST CAP = $25,000.00 I . EXHIBIT B . '- MONROE COUNTY TOURIST DEVELOPMENT COUNCIL CULTURAL UMBRELLA SCHEDULE OF EVENTS FISCAL YEAR 2000/2001 NAME OF EVENT: 41st Annual Key West House & Garden Tours Please list all scheduled activities in date and time order: Tour #1 Friday, Saturday January 26,27 5 - 9 PM Tour #2 Friday, Saturday February 16, 17 10 - 4 PM Tour #3 - Friday, Saturday March 2, 3 10 - 4 PM "If pre-promotion is to be considered indicate the dates of the next season '.