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FY2003 10/16/2002 Clerk of die Circul coun Danny L. Kolhage Clerk of the Circuit Court Phone: (305) 292-3550 FAX: (305) 295-3663 e-mail: phancock@monroe-clerk.com Memoranilum TO: Lynda Stuart, Office Manager Tourist Development Council ATTN: Maxine Pacini Administrative Assistant FROM: Pamela G. Hanca~ Deputy Clerk CY DATE: November 1,2002 At the October 16, 2002, Board of County Commissioner's meeting the Board granted approval and authorized execution of the following Cultural Events Funding Agreements for FY 2003, Two Penny Cultural Umbrella Funding, totaling $347,643: Marathon Community Theatre covering the Marathon Community Theatre Season 2002/2003 and the pre-promotion of 2003/2004 Season in an amount not to exceed $25,000; St.Paul's Episcopal Chruch covering Performance at St.Paul's between October 2002 - April 2003 in an amount not to exceed $3,115; The Keys Players covering the Key Players Season 2003 from October 1, 2002 through May 31, 2003 in an amount not to exceed $15,000; Tennessee Williams Fine Arts Center Founders Society, Inc. for production of the Tennessee Williams Fine Arts Center Founders Society 2002-2003 Performing Arts Season covering October 1, 2002 through June 30, 2003 in an amount not to exceed $25,000; Mel Fisher Maritime Heritage Society, Inc. covering the Last Slave Ships on October 1, 2002 through July 20, 2003 in an amount not to exceed $20,000; Classical Guitar Productions covering the Weekend Dinner Concerts between October I, 2002 and September 30, 2003 in an amount not to exceed $10,000; Key West Players, Inc. covering the Waterfront Playhouse Theatrical Productions from October 1, 2002 through September 30, ZQQlin an amount not to exceed $25,000; Florida Keys Art Guild, Inc. covering Florida Keys Art Guild Outdoor Festivals frorn November 2002 - April 2003 in an amount not to exceed $7,500; Keys (;ommunity Concert Band covering Pops in the Park from November 2002 .. April 2003 in an amQunt not to exceed $8,065; Historic Seaport at Key West Bight covering Pirates In Paradise Festival 2002 on November 28 .. December 8, 2002 in an amount not to exceed $15,000; South Florida Center for the Arts povering the 2003 Upper Keys Concert Series, Historic Holiday CCI.Ildl~.jY~lk and St.Patrisk'sPlJ.XJrish Concert. betw~en:P!t2~rnQer 2002u (lndM~!Ehg9Ql_Ln an amounfIic>t to exceecf$1 i,S()OtKey West Pops Orchestra between December 2002 and March 2003 inan amount not to exceed $10,000; Key West Symphony Orchestra, Inc. covering the Key West Symphony Orchestra 2002-2003 Season from December 2002 through July 2003 in an amount not to exceed $20,924; Lower Keys Chamber of Commerce covering the 16th Annual Island Art Fair on December 8, 2002 in an amount not to exceed $2,550; The Committee for Art in the Park covering Art in the Park 2003 in an amount not to exceed $10,065; KWCA Impromptu Concerts covering KWCA Impromptu Concerts in an amount not to exceed $3,960; The Red Barn Actors Studio, Inc. covering Red Barn Theatre/Live Theatre in an amount not to exceed $25,000; Key West Writers Workshop covering the Key West Writers Workshop 2003-2004 Season on January - February 2003 and January - February 2004 in an amount not to exceed $5,000; Key West Literary Seminar, Inc. for production of the 21st Annual Key West Literary Seminar: Poetry 2003: The Beautiful changes on January 9-16, 2003 and the 22nd Annual Key West Literary Seminar: Crossing Borders: Immigrant Literature on January 8-15, 2004 in an amount not to exceed $15,000; Old Island Restoration Foundation, Inc. covering the 43rd Annual Key West House & Garden Tours on January 10-11, 2003, February 14-15, 2003, and March 7-8, 2003 in an amount not to exceed $5,460; San Pedro Church Women's Guild covering Art Under the Oaks on January 18, 2003 in an amount not to exceed $5,925; Florida Keys Discovery covering the Florida Keys Heritage Festival on January 18-19,2003 in an amount not to exceed $6,740; Key West Players, Inc. for the Key West Craft Show on January 25-26, 2003 in an amount not to exceed $4,500; Pigeon Key Foundation covering the Pigeon Key Art Festival on February 7-9, 2003 in an amount not to exceed $9,964; Key West Art Center, Inc. for the Old Island Days Art Festival on February 22-23, 2003 in an amount not to exceed $4,500; Key West Garden Club covering the Floral Tapestry a Standard Flower Show on March 8-9, 2003 in an amount not to exceed $3,000; Barley's Bay Festival, Inc. covering Barley's Bay Festival on May 9-10, 2003 in an amount not to exceed $15,000; Key West African American Heritage Festival covering the Key West African American Heritage Festival during June 2003 in an amount not to exceed $17,500; Lower Keys Chamber of Commerce covering the 19th Annual Underwater Music Festival on July 12, 2003 in an amount not to exceed $7,000; and the Florida Keys Birding and Wildlife Festival, Inc. for the Florida Keys Birding and Wildlife Festival on October 10-12,2003 in an amount not to exceed $10,075. Enclose<l are two duplicate originals of each of the above mentioned for your handling. Should you have any questions please do not hesitate to contact this office. Cc: County Administrator w/o documents County Attorney Finance File 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 "County") and Key West Players, Inc. (Hereinafter referred to as "Event Sponsor"); WHEREAS, the umbrella organization under contract to the County has recommended to the Monroe County Tourist Development Council (hereinafter "TDC"), 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. County shall pay a sum not to exceed $4,500 (Four Thousand and Five Hundred Dollars) for promotion and related expenditures, as described in the event budget, attached hereto as Exhibit A, for production of the Key West Craft Show on January 25-26, 2003. 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. The general non-allocated section of an Umbrella event budget 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. 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 TDC and County. 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, 2003. 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, 2003, all invoices and support documentation as required by the County's Finance Department rules and policies. Event Sponsor shall not be reimbursed nor will Event Sponsor's vendors be paid directly for any invoices received by the County after September 30, 2003, except that for events with promotional expenditures incurred between July 1 and Cultural Umbrella Funding FY 2003 Key West Craft Show 1 September 30, 2003, invoices must be submitted within ninety (90) days of the conclusion of the event. 3. Event Sponsor shall reimburse County for any amount of funds expended by County in connection with an event which does not occur as a result of any act or omission by Event Sponsor. 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 County and its agents and employees access to said records at reasonable times. 6. County 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. 10-1990. For breach or violation of the provision the County may, at its discretion terminate this contract without liability and may also, at its discretion, deduct from the 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. Cultural Umbrella Funding FY 2003 Key West Craft Show 2 10. LOQo: All promotional literature and advertising must display the "The Florida Keys & Key West, Monroe County Tourist Development Council, Come as You Are", logo/trade mark adopted by the TDC and County on November, 2000 (as per attached). No reimbursement or direct payment will be considered unless this logo/trade mark is utilized. Board of County Commissioners of Monroe unty airman G,~~ De uty Clerk Secretary (CORPORATE SEAL) Attest: By. OR ~~n ~ Witness Y\ \A ~A,,__ " , a ...:r cc N 1LJ <t 0 .. ~ -' w - <t .u.. IJ..J ::c ~.....>= =:1u..... 0:: a.. ,~ 'X DATE c:r.: ~.:: e:: :::> 0 .(,)0 I ....J .U u.. ''- :>- - --: LtJ Cl l"-"~I:::J c:> .c:wo:; w :z: ~ .... ..J c--I '.'::1 0 = ~ LA- = c--.J Cultural Umbrella Funding FY 2003 Key West Craft Show 3 EXHIBIT A SUMMARY TOURIST DEVELOPMENT COUNCIL CULTURAL UMBRELLA APPROVED BUDGET BREAKDOWN FISCAL YEAR 2002/2003 EVENT NAM KEY WEST CRAFT SHOW DIRECT MAIL & POSTAGE BROCHURES, POSTERS, PROGRAMS, MAILING $ 400 PUBLIC RELATIONS PHOTO PROGRAM $ NEWSPAPERSIMEDIA ADVERTISING $ 2,850 ADVANCE PROMOTION $ 875 *GENERAL - NON-ALLOCATED $ 375 TOTAL: $ 4,500 *GENERAL NON-ALLOCATED IS NOT TO EXCEED 15% OF THE AMOUNT A WARDED BY THE MONROE COUNTY TOURIST DEVELOPMENT COUNCIL FOR THIS SPECIFIC EVENT, EXHIBIT B Key West Cratt 5!lOW I KEY VEST CRAfT SHOW i . 1 The 100 cratt-art13 3 come frOlll allover the USA to eXhibit thei~ hA1'\"'~de cra.fts. J welry, turniture, clothing, toys, cera:Jlics. ata1necl qlass, and unique i teJD.3 to tem.pt the viewer. The dates are January 25-26, 2003 trom. 10:00 AtI to 5:00 Pl1 both days. AdJrdss10n is fr.". ~rinq the f9ily. j,rinq the children. All work is for 3ale: prices rallqe from. a dollar, to several hundred. "'. Something for everyonj and everyonea purse. Items offered are for adults as well as f or children. 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