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Item F2 B(MRD Of COUNTY COMMISSIONERS AGENDA IT:EM SUMMARY Meeting Date: JANUARY 17.2002 Division: TDC Bulk Item: Yes ~ No Department: AGENnA ITEM WOJWING: Approval of TDe/Cultural Umbrella Recommendation Committee. ITEM BACKGROUND: The Agreement with the Florida Keys Council of the Arts requires that they submit to the TDC and BOCC the members of their Recommendation Committee for approval. The Florida Keys Council of the Arts is requesting approval from the TDC and BOCC for the criteria for the selection of the Recommendation Committee. The TDe to approve same at their meeting of January 8,2002. PREVIOUS REVELANT BOce ACTION: saee approved FY 2002 budget at their meeting of September 18, 2001. - CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENJ>A TIONS: Approval TOT AI" COST: $5501800 BUDGETED: Yes....L No COST TO COUNTY: $SSO.800rrOURIST PA V REVENUE PRODUCING: Yes..lL ~o AMOUNT PER MONTH,_ Year APPROVED BY: C(lumy Atty _ OMB/Purchasing _ Risk Management__ DIVISION DIRECTOR APPROVAL: /' /"/7~./~,,- (Lynda Sruart) DOCUMENTA TION: Inel uded X To Follow_Not Requircd_ AGENDA ITEM # G2 -~ DISPOSITION: Revised 2/27/01 THf nORIDA KfYS & KfY WfST MONROf COUNTY TOURIST DfYUOPMfNT COUNCIL CtlJtfB (i~ YtJU (iTe,~ DA TE: January 8, 2002 TO: Monroe County Board of County Commissioners FROM: Michael Ingram, Chairperson of the Monroe County TOC RE: CULTURAL UMBRELLA CRITERIA FOR SELECTION OF RECOMMENDATION COMMITTEE The TDC at their meeting of January 8, 2002 approved the following criteria for selection of the Cultural Umbrella Recommendation Committee. Changes to the original criteria presented in your BOCC packets are highlighted in bold/italic. To be eligible to serve on the Recommendation Committee of the Cultural Umbrella, a person must 1. Reside in the Tourist Development Committee District to which appointed for a minimum of two years. 2. Have demonstrated significant support and advocacy for art and culture or work as an artist (visual, performing, literary, historic). 3. Demonstrate an understanding of the prime importance of art and culture to the economy and to the quality of life of Monroe County citizens and guests. <1. R9Q8ilJ8 r:lS ir:lQsm8 iR ~R ~gmiRigtF'~ti).'8 ~~p~Qity frsm ~R sRtity sr iRgi'}igld~1 tt.:J~t '!.'aE: ~'J.'~rg9g CldltldF'~1 Umbr;gll~ 8\~8Rt ft.lRgiRS iR tt.:J9 past figgal Y8ar sr tt:)~t ~ppli8g iR tt.:J8 Qldr:r:8Rt Y8ar. 4. Representatives on the Recommendation Committee shall be a member of the District Advisory Committee. 5. If a Recommendation Committee member finds himself/herself in a conflict- of-interest, the member shall declare the conflict and abstain from voting. P.O. Box 866, Key West, Florida 33041 U.s.A. (305) 296-1552 Fax: (305) 296-0788 http://fla-keys.comsales@fla-keys.com Criteria for Cultural Umbrella Recommendation Committee Members To be eligible to serve on the Recommendation Committee of the Cultural Umbrella, a person must 1. Reside in the Tourist Development Committee District to which appointed for a minimum of two years. 2. Have demonstrated significant support and advocacy for art and culture or work as an artist (visual, performing, literary). 3. Demonstrate an understanding of the prime importance of art and culture to the economy and to the quality of life of Monroe County citizens and guests. 4. Receive no income in an administrative capacity from an entity or individual that was awarded Cultural Umbrella event funding in the past fiscal year or that applies in the current year. ~ .. .: CULTURAL UMBRELLA AGREEMENT THIS AGREEMENT is entered "into thisZ/,P{,ay of lJ~ V'/ 2001, by and between the BOARD OF COUNTY COMMISSIONERS, Monroe County, Florida, hereinafter referred to a~ the COUNTY and the MONROE COUNCIL OF THE ARTS CORPORATION d/b/a FLORIDA KEYS COUNCIL OF THE ARTS, a non-profit corporation hereinafter referred to as the FLORIDA KEYS COUNCIL OF THE ARTS; WITNESSETH WHEREAS, the County wishes to enter into this agreement with the Florida .Keys Council of the Arts so that the Florida Keys Council of the Arts will act as a county- wide Cultural Umbrella to make recommendations to the MONROE COUNTY TOURIST DEVELOPMENT COUNCIL (TDC) and COUNTY concerning funding for Tourism related Cultural activities. 1. Term: The term of this agreement is for a period of thirty-three (33) months commencing January 1, 2002 and terminating' September 30, 2004. Upon the recommendation of the Tourist Development Council, the COUNTY may exercise an option for an additional two (2) years upon giving written notice to the Florida Keys Council of the Arts no less than sixty (60) days prior to September 30, 2004. Monroe County's performance and obligation to pay under this agreement, is contingent upon an annual appropriation by the COUNTY. 2. Scope of Services: The Florida Keys Council of the Arts will provide the following services: a) The Florida Keys Council of the Arts shall administer TDC policies and procedures which will distribute on an equitable district-wide percentage basis those monies recommended for all qualified Cultural activities. The Florida Keys Council of the Arts will accept applications on an annual basis. The Florida Keys Council of the Arts shall make recommendations for changes in TDC policies pertaining to the Cultural Umbrella as it deems appropriate and shall submit such recommendations for TDC and County approval. b) The Florida Keys Council of the Arts shall advertise the availability of the Cultural Umbrella program (request for applications) through which event sponsors may apply for promotional funding. The advertisement shall be placed at a minimum, in a newspaper of general circulation, in each of the three primary areas of the County, to wit: Lower Keys, Middle Keys and Upper Keys. The advertisement shall notify of the availability of funding, the restriction of such funding to promotional expenditures and any other information which the Florida Keys Council of the Arts deems necessary to conduct the Cultural Umbrella program. The Florida Keys Council of the Arts may place the advertisements and be reimbursed pursuant to paragraph 3 or may request TDC to place the advertisements and direct pay the newspapers. c) The Florida Keys Council of the Arts shall conduct at least three (3) workshops each year, ,one per area of the Florida Keys (Lower Keys, Middle Keys, Upper Keys), within two weeks after the release of the request for application, to explain the application process to all potential applicants. d) All meetings related to the administration of the Cultural Umbrella shall be open to the public and properly noticed, in conformity with the same rules as required for all governmental meetings under F.S. 286.011. The TDC administrative office shall 1 10/11/01 e) receive a copy of the agenda of any Cultural Umbrella meetings/workshops at lea seven (7) days prior to said meeting/workshop. f) The Florida Keys Council of the Arts shall administer policies and procedures whi( will distribute on an equitable district-wide basis those monies recommended for c qualified Cultural activities. Funds shall be allocated to events in each distril proportionate to the total revenues generated by each district. If funding availabl under this plan to any district is not allocated for specific events, the monie remaining shall be allocated to the county-wide Cultural Umbrella advertisin campaign. g) The recommendations of the Cultural Umbrella Committee shall be submitted to thl TOC for consideration prior to adoption of TOC annual budget each year, but thE Florida Keys Council of the Arts has no final authority to require TOC to adopt it~ recommendations. TOC will then make recommendations to the COUNTY fOI allocation of funds and contracts with each individual recipients. h) Composition- The Florida Keys Council of the Arts shall, in collaboration with the community, develop criteria for selection of the members of the Recommendation Committee for approval by the TDC and the COUNTY before any appointments are made. Recommended appointments will be approved by the TOC and COUNTY and will be referenced in Exhibit A. 3. Funding: a. The COUNTY shall allocate from tourist development tax funds, an amount not to exceed five hundred and fifty thousand and eight hundred dollars ($550,800) for the agreement year ending September 30, 2002. For each of the remaining years, under the agreement, County shall allocate from tourist development tax funds such amounts as are established within the TOC budget approved by the County prior to each fiscal year. The budget for period ending September 30, 2002 is attached hereto as Exhibit 8 and incorporated herein. Monroe COUNTY and TOC will fund through its Advertising and Public Relations agencies of record costs of promotion and advertising of cultural events; (1) directly to vendors upon receipt of properly approved invoices or (2) reimburse the event coordinator upon receipt of properly approved paid invoices and evidence of payment, subject to availability of funds. b. No salary, bonus or other compensation will be paid directly or indirectly, out of the Cultural Umbrella funds and no Cultural Umbrella funds shall be used in the computation of any salary, bonus or other compensation to any person. c. Administrative costs, including but not limited to salaries, transportation costs, and . mailing were previously paid by the predecessor contractor and therefore pursuant to SOCC Resolution No. 316-2001, shall be borne entirely by the Florida Keys Council of the Arts. d. There shall be no action by Florida Keys Council of the Arts which has the effect of reducing in anyway the amount of TDC and Florida Keys Council of The Arts money used for advertising, promotion or any programs of either entity. 4. Termination: The agreement can be terminated by either party with or without cause with 120 days prior written notice. 2 10/11/01 Cultural Umbrella Agreement Monroe Council of The Arts d/b/a Florida Keys Council of the Arts 5. Accounting: Records of the Florida Keys Council of the Arts pertaining to tt agreement shalf be kept on generally recognized accounting principals, acceptable to Monr< County, and shalf be available to the COUNTY or to an authorized representative for audit. 6. Modification: Additions to, modification to or deletions from the provisions set forth this agreement shall be effective only in writing and approved by COUNTY. 7. Indemnification and Hold Harmless: The Florida Keys Council of the Arts agrees 1 indemnify and hold Monroe County and the Monroe County Tourist Development Counc harmless for any and all claims, liability, losses and causes of action which may arise out ( its fulfillment of the agreement. It agrees to pay all claims and losses, including related COUl costs and reasonable attorneys fees, and shall defend alf suits filed due to the negligent acts errors or omissions of the Florida Keys Council of the Arts employees and/or agents. 8. Taxes: The COUNTY and TDC are exempt from Federal Excise and State Floridc Sales Tax. 9. Finances Charges: The COUNTY and TDC will not be responsible for any financE charges. 10. Relation of COUNTYITDC: It is the intent of the parties hereto that the Florida Keys Council of the Arts shall be legalfy considered as an independent contractor and that neither i1 nor its employees or agents shall, under any circumstance, be considered servants or agents of the COUNTY and TOC shall at no time be legally responsible for any negligence on the part of said successful proposer, its employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 11. Disclosure: The Florida Keys Council of the Arts shall be required to list any or all potential conflicts of interest, as defined by Florida Statute 112 and Monroe County Ethics Ordinance. The Florida Keys Council of the Arts shall disclose all actual or proposed conflicts of interest, financial or otherwise, direct or indirect, involving any client's interest which may conflict with the interests of the COUNTY and TOC. 12. Assignment: the Florida Keys Council of the Arts 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 contract to any person, company or corporation without prior written consent of the COUNTY and TDC. 13. Compliance with Laws - Nondiscrimination: The Florida Keys Council of the Arts 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 or work under this agreement. This agreement shall be subject to all federal, state, and local laws and ordinances. 14. Force Majeure: The Florida Keys Council of the Arts shalf 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 Florida Keys Council of the Arts has exercised reasonable care in the prevention thereof, and any such delay or failure shall not constitute a breach of this agreement. 3 10/11/01 Cultural Umbrella Agreement Monroe Council of The Arts d/b/a Florida Keys Council of the Arts 15. Governing LawNenue: This agreement shall be governed and construed by and i accordance with the laws of the State of Florida and constitutes the entire agreement betwee the COUNTY and TDC and Florida Keys Council of the Arts. Venue of any court actic,>n filel relative to this agreement shall lie in Monroe County, Florida. 16. Antisolicitation: The Florida Keys Council of the Arts warrants that no person has beel employed or retained to solicit or secure this contract upon an agreement or understanding fo a commission, percentage, brokerage, or contingent fee and that no member of the MonroE County government or the TDC has any interest, financially or otherwise in the Florida Key~ Council of the Arts or its subcontractors. 17. Severability: If any provision of the agreement shall be held by a Court of competen: jurisdiction to be invalid or unenforceable, the remainder of this agreement, or the application of such provision other than those as to which it is invalid or unenforceable, shall not be affected thereby; and each provision of the agreement shall be valid and enforceable to the fullest extent permitted by law. 18. Notice: Any notice required or permitted under this agreement shall be in writing and hand-delivered or mailed, postage prepaid by certified mail, return receipt requested, to the other party as follows: For COUNTY: Monroe County Administrator 5100 College Road Key West, FL 33040 For TDC: Director, Tourist Development Council 1201 White Street, Suite 102 Key West, FL 33040 For FLORIDA COUNCIL OF THE ARTS: President, Florida Keys Council of the Arts 5100 College Road Key West, FL 33040 TDC shall give notice to Florida Keys Council of the Arts of any meetings at which there is an agenda item pertaining to Cultural Umbrella. 19. Ethics Clause: The Florida Council of the Arts warrants that it has not employed, retained or other wise 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. 20. Public Entity Crime Statement: 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 4 10/11/01 Cultural Umbrella Agreement Monroe Council of The Arts d/b/a Florida Keys Council of the Arts section 287.017, for CATEGORY TWO for a period of 36 months from the date of beil placed on the convicted vendor list. IN WITNESS WHEREOF, the parties have executed this agreement the day and year fir above written. (SEAL) Attest: FLORIDA KEYS COUNCIL OF THE ARTS BY~~ (SEAL) Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA flt Mayor/Chairman 5 10/11/01 Cultural Umbrella Agreement Monroe Council of The Arts d/b/a Florida Keys Council of the Arts EXHIBIT A RECOMMENDATION COMMITTEE The Recommendation Committee of the Florida Keys Council of the Arts Cultural Umbrella i: comprised of five (5) members, with one member representing each of the five TOe Districtl throughout the Monroe County. The members shall be appointed by the Florida Keys Counci of the Arts and confirmed by the TOC and COUNTY. As of the commencement of the agreement effective January 1, 2002, the members shall be: District I To Be Announced District" To Be Announced District III To Be Announced District IV To Be Announced District V To Be Announced The term of a Recommendation Committee member shall be for one (I) year terminating September 30th of each year of the agreement. New appointees, re-appointees and replacement members shall be confirmed by the Florida Keys Council for the Arts, TDC and COUNTY. 6 10/11/01 Cultural Umbrella Agreement Momoe Council of The Arts d/b/a Florida Keys Council of the Arts EXHIBIT B Budget as of January 1, 2002 Allocations for Events: Sub Total $244,800 $165,240 $550,800 Allocation for Cultural Advertising Campaign *Balance Brought Forward from FY 2001 $122,940 * Represents event funding brought forward from current year to next fiscal year (October 1, 2001) for contractual agreements. 7 10/11/01 Cultural Umbrella Agreement Monroe Council of The Arts d/b/a Florida Keys Council of the Arts F~rf~0 elJ~~tm;- .......4.".--;/!I'J-A. .;..~ ,/'U:; J ~ ..,- Overview of Cultural Umbrella In the 1980s, the citizens of Monroe County passed referendums authorizing a 3-cent sales tax on tourist lodging (the bed tax) to be used for tourist advertising, promotion, and some tourist related capital projects. The Board of County Commissioners (BOCC) passed several ordinances to implement this tax including one that created the Tourist Development Council (IDC) to recommend expenditures of the bed tax revenue and to administer the expenditures. (County Clerk Danny Kolhage is actual custodian of the funds. He writes and signs all checks which are co-signed by the County Mayor.) The IDC is an advisory committee to the BOCC which has fmal approval of all IDe actions. The nine members of the IDC advisory board are appointed by the BOCC. To accommodate the different geographic communities of the Keys, five District Advisory Committees (DACs) were created. They are DAC I-Key West; DAC 2-The Lower Keys: DAC 3-Marathon; DAC 4-Islamorada; and DAC 5-Key Largo. The DACs recommend expenditures for approximately one-third of the revenue which is divided among the districts according to the percentage of revenue collected in the district. To accommodate three keys-wide industries, three "umbrellas" were created: the Dive Umbrella, the Fishing Umbrella, and the Cultural Umbrella. DACs and Umbrellas are unique to Monroe County. The District Advisory Committees and the Umbrellas are advisory committees to the IDC and BOCC. Almost always the IDC and the BOCC approve the recommendations sent to them. 1100 Simonton Street, Key West, FL 33040 305-295-4369/ Fax: 305-295-4372 email: info@keysarts.com / www.keysarts.com Upper Keys: 305-852-1469 ex1.4369 Marathon: 305-743-0079 ext.4369 Here are the actual dollar amounts budgeted for fiscal year October I, 2001 - September 30, 2002. TOURIST DEVELOPMENT COUNCIL FY2002 INCOME Anticipated Bed Ta Revenue Roll-over and Reserve Funds EXPENDITURES Administration Advertising and Promotion Public Relations, Mail Fulfillment, Other Cultural Umbrella Fishing Umbrella Dive Umbrella Tourist Related Capital Projects Catastrophic Reserve $11,200,000 $ 9,900,000 $21 ,100,000 $ 800,000 $ 6,700,000 $ 1,393,609 $ 673,740 (includes 122,940 roll-over) $ 682,651 (includes 131,851 roll-over) $ 250,000 $ 7,600,000 (includes 4,300,000 roll-over) $ 3,000,000 $21,100,000 The Florida Statute allows bed tax funds expenditures for administration, advertising, promotion, and some tourist related capital projects and maintenance. The statute has been interpreted more narrowly in Monroe County than in other Florida counties. The money allocated to the Umbrellas and DACs is distributed by an application process. Successful applicants are reimbursed for approved expenditures. The applications are rated by a point system based on the goals of the IDC. Factors included are Heads in Beds in Off-Season, Enhancement of Visitor Experience, Amount of Local Support and Showcasing of the Destination. 2 The DACS and Umbrellas each have Recommendation Committees that review the applications and recommend which are funded. Originally the county contracted with the Key West Art and Historical Society to administer the Cultural Umbrella Funds. For the past few years, the Florida Keys Federation of Chambers had the contract to administer these funds. In the meantime the Florida Keys Council of the Arts was created and flourished. It became recognized as the appropriate organization to administer the cultural umbrella and requested the job. In August the BOCC, by Resolution, turned it over to the FKCA as of 1/1/02 WHAT DOES THE FKCA DO NOW? 1. Get input from the arts and cultural community and the community as a whole as to the satisfactions, concerns, and recommendations concerning the Cultural Umbrella. 2. Develop a policy describing the criteria for eligibility to serve on the Recommendation Committee for the Cultural Umbrella funds - which, among other things, would avoid the actual or appearance of conflict of interest. The BOCC has directed that we get input from all interested parties on this policy. After approval of the criteria by the IDC and the BOCC, select members of the Recommendation Committee for approval. 3. Provide information throughout the Keys about the availability of funds, permissible uses and application process through media releases, website, TV show, Newsletter, etc. 3 4. Hold workshops at least three weeks before deadline of applications to explain the application process to potential applicants. (April or May) 5. Review and rate applications. Determine recommendations for funding. (June) (Written by Shirley Freeman, Chairman of the FKCA Committee on the Cultural Umbrella, September, 200 I) 4 Cultural Umbrella Allocations Event FY 2002 FY 2001 District 5 - Key Largo Art Under the Oaks 5,600 5,445 Barley's Bay Festival 20,000 25,000 Island Jubilee 0 25,000 Generic Advertising 39,945 3,405 District 4 - Islamorada Barley's Bay Festival 5,000 Generic Advertising 45,123 32,850 District 3 - Marathon Marathon Community Theatre 13,000 3,754 Renaissance Faire 11,000 17,089 FI. Keys Birding & Wildlife Fest 8,412 0 Pigeon Key Art Festival 10,000 12,707 District 2 - Lower Keys Underwater Music Festival 7,000 6,800 Island Art Fair 2,500 2,500 Oktoberfest 5,600 5,600 Generic Advertising 4,178 350 District 1 - Key West Mel Fisher MHS Montana Smith 24,102 0 Mel Fisher MHS Armed & Dangerous 0 20,782 Womenfest 23,500 20,968 Pirates in Paradise 23,50 17,054 Red Barn Theatre 23,500 18,824 TW Fine Arts Center 20,000 16,495 Key West Symphony Orchestra 20,00 18,318 Key West Players 20,000 13,070 Key West Pops Orchestra 20,000 0 Key West Literary Seminar 20,000 6,290 Impromptu Concerts 2,900 2,237 Annual Craft Show 2,900 2,237 Old Island Days Art Festival 2,900 2,237 Annual Key West House & Garden Tours 4,900 5,732 Key West Jazz & Blues Festival 0 16,682 Key West Writer's Workshop 3,774 County-Wide Generic Cultural Advertising 165,240 135,000 Total Allocated for Year Indicated 550,600 440,000 Policies & Procedures , EXAMPLES OF ACCEPTABLE AND NON-ACCEPTABLE EXPENSES Acceptable Newspaper Ads* Radio Advertising* Brochures* Direct Mail Piece * & Postage Posters* Street Banners* Table Tents (Advertising Piece*) Koozie Cups Ribbons*** Press Room Telephone Expense under Le., Non-Acceptable Newsletters Administrative Expenses Office Supplies Utilities Rent Passes and Buttons Security Prize Money Raffle Tickets Concession Items, Separate Number Trophies*** Sanction Fees** Programs as long as they serve as promotional service in- item, Le. information on the area map and write-ups, should be sent out as a promotional piece unless Professional Photographer--for specific purposes--each request individually approved TV Ads* consulta- Helicopter rental as required by the agencies of record for TDC Road Transportation, Lodging & Meals for not-for- profit bands (Le. representing government. school, universities, etc.) T-shirts. Jackets**** Hats **** Flags**** Programs***** docks. etc. Production costs for advertising Public Relations Expenses Internet Advertising TDC Website only * All advertising and promotional items must indicate credit to the Florida Keys and Key West. food items to be sold Rental of Equipment Insurance Programs which house only Audition Notices Stationery/Envelopes special event Salaries, wages, fees, Le., artists' fees. tions fees, Directors. Secretarial Services, Company fees Crane Rentals Hotel Rooms for VIP's Ambulances Prizes for Raffles Construction materials for stages, ** SANCTION FEES: Per interpretation of the County Attorney's Office. When a sanctioning body concurs, confirms, or ratifies an act or event. it is said to have Monroe County Tourist Development Council Operations Manual Section II, Page 1 7/25/01 Policies & Procedures >> Continued sanctioned the act or event. The sanctioning body, however, is not the entity that actually produces or sponsors the event. A classic example of sanctioned events are competitions, sporting events, and races. A sporting event - such as a football game. or a competition - such as a power boat race. are produced at the local level. However, for the event to rise to the stature of a national competition it must be sanctioned by an organization, such as the NFL or the American Power Boat Association. The fee that is paid to the sanctioning organization directly enhances the promotability, the stature, and the advertising potential. along with the likelihood that viable national sponsors will aid in the promotion and advertising of the event. ARTIST FEES: In contrast to sanction fees what is termed artist fees, road company fees, etc., is compensation of the participants, performers, or producers of the events. Artist fees, road company fees, concert fees, and direct event production costs, unless they are intended primarily to advertise or promote an event, are an improper expenditure of TDC funds under Florida statute. TROPHIES: Framed art work, framed photography, engraved crystal and glass, plaques, trophy, sculptures (fiberglass, metal, glass & wood) and framed certificates shall constitute a trophy. All such trophies must include the appropriate information as outlined in the policies (tournament date and location). 9/14/94 *** Trophies and Ribbons must indicate location (Le., Islamorada, Key Largo, etc.) name and date of event. The list of recipients must be provided for reimbursement. Must be promotional in nature and presented as an award. 01/22/92 This list may not reflect all acceptable or unacceptable items and is applicable only as a guideline. Any questions you may have can be directed to the Administrative Office in writing. 05/08/91 -- TDC FUNDED ITEMS: Items funded by the TDC are NOT to be sold. 9/14/94 ***** PROGRAMS: Event programs that contain advertising shall be subject to the following funding limitations: (This policy also applies to jackets, hats and flags.) 1. Event sponsors, in submitting documentation to support requests for reimbursement or payment of the costs of the event program, shall provide documentation to establish the amount of contribution of cash or in-kind services provided by the entity advertised. 2. Tourist development tax dollars can only be used to cover the total of the cost of the program minus cash receipts by the event sponsor for advertising paid by co-sponsors. Monroe County Tourist Development Council Operations Manual Section II, Page 2 9/5/01 Policies & Procedures >> Continued Where the event sponsor obtains a cash receipt from a local business. association, or person. and the cash donation has been dedicated by donor to be expended for specified goods or services required by the event sponsor for the production of the event, the cash receipt shall not be considered a cash receipt for paid advertising. Event sponsor will have to provide original letters on each donor's letterhead or similar proof that a cash receipt has been committed Monroe County Tourist Development Council Operations Manual Section II, Page 3 9/5101 Policies & procedures >> Continued by the donor for specific goods or service and that the donated amount was in fact paid for those goods or service. To the extent that any donated cash with such specification is remaining after the expenditure for the required goods or services, such amount shall offset the amount which TDC will pay for funding programs. 08/03/94 SALE/RESALE OF TDC FUNDED ITEMS: Items funded, including creative and resulting work product, by the BOCCITDC, in accordance with Florida Public Records Law, are owned by the BOCCITDC and as such may not be sold. 09/14/94 PURCHASE OF ITEMS WITH TOC FUNDS: Property being defined as fixtures and other tangible personal property of a non-consumable nature purchased with TDC funds, as stated above, is owned by the BOCCITDC and therefore must be included in the inventory listing of Monroe County and tagged accordingly as required by the Auditor General. *(F.S. 274.02) If the purchase price of the item involved is $500 or more, this item is defined by the Clerk of the Circuit Court for Monroe County as a 'capital outlay' purchase and must be so noted. Capitalized items must be appropriated as such. Disposal of capitalized items will be governed by county policy. 06/12/91 * Le. computers, paintings, VCR's. Recording equipment, postage machines. FAX machines, copiers, etc. TDC PURCHASING POLICY: The Monroe County TDC (also applies to DAC's) follows the purchasing procedures as outlined in the Monroe County Procurement Policies. There are four (4) levels of purchasing as follows: Level "A" - Total $0.01 through $5,000.00 that does not require price quotes. Level "B" - Total $5,000.01 through $10,000.00 - requires at least two (2) price quotes. Level "C" - Total $10,000.01 through $25,000.00 - requires Competitive bids and approval by the TDC/BOCC. Level "0" - Purchases $25,000.01 or greater - requires Competitive bid and approval by the TDC/BOCC. Full details regarding the Procurement Policies may be obtained from the Administrative Office. BOCC 05/94 All levels of purchase must have TDC approval before purchase. Monroe County Tourist Development Council Operations Manual Section II, Page 4 9/5/01 ,Policies & Procedures >> Continued FLORIOA KEYS ANO KEY WEST LOGO: The Florida Keys and Key West logo shall appear as follows: Black/White LOQo: On all material not using four (4) color processing printing, the Florida Keys and Key West logo shall be featured in black and white (PMS BLACK). 06/12191 Refer directly to logo in Operations Manual The Advertising Agency will provide the logo to be placed in all advertising. If a charitable rate can be obtained, the decision to drop the logo shall be made through the discretion of the agencies, the Office Manager and the event coordinator. 02/06/91 Loao Usaae Guidelines - Events. Cultural. Fishina. Promotional: Events (Generic or District): Use on all ads color or blw. On all printed material including poster, flyers, banners, brochures etc. TV - logo must appear at the conclusion of commercial Radio - no logo. "Brought to you by The Florida Keys & Key West". LOGO SIZE: The Kevs 10QO must be of eQual size to the larQest 1000 used. Cultural: Use on all ads color or b/w. On all printed material including poster, flyers. banners, brochures etc. TV - logo must appear at the conclusion of commercial Radio - no logo. "Brought to you by The Florida Keys & Key West". LOGO SIZE: The Kevs 10QO must be of eQual size to the laroest 1000 used. Monroe County Tourist Development Council Operations Manual Section /I, Page 5 9/5/01