FY2003 10/16/2002
Clerk of Ihe
Circul coun
Danny L. Kolhage
Clerk of the Circuit Court
Phone: (305) 292-3550
FAX: (305) 295-3663
e-mail: phancock@monl.OlH:lerk.com
Memorandum
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 3 1,
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; MeI 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 1, 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 I, 2002 through September 30,
2003 in an amount not to exceed $25,000; Florida Keys Art Guild, Inc. covering Florida Keys Art
Guild Outdoor Festivals from November 2002 - April 2003 in an amount not to exceed $7,500;
Keys Community Concert Band covering Pops in the Park from November 2002 - April 2003 in
an amount 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 $15,000; South
Florida Center for. the Arts covering the 2003 Upper Keys Concert Series, Historic Holiday
C1!mUe Walk-Nt4B.~, t. .Patrick's Rll.Y Irish Concert between Decembe1"~gO~~<lM!!!:gh gOP:3 in an
amount not to .exceed$ rf~800'7K.w'westPops Orchestraruetween December 2002 and March
2003 in an 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.
Enclosec1 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 The Key West Pops Orchestra. (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;
NOW THEREFORE; in consideration of the mutual promises contained herein, the
parties agree as follows:
1. County shall pay a sum not to exceed $10,000 (Ten Thousand Dollars) for
promotion and related expenditures effective October 1, 2002, as described in the event
budget, attached hereto as Exhibit A, for production of the Key West Pops Orchestra between
December 2002 and March 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 8, 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
The Key West Pops Orchestra
1
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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
The Key West Pops Orchestra
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.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its
/,~~o~~zed representative, the ".tt, day of ~ ,2002.
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Board of County Commissioners
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Mayor/Chairman
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The Key West Pops Orchestra
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Cultural Umbrella Funding FY 2003
The Key West Pops Orchestra
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EXHIBIT A
SUMMARY
TOURIST DEVELOPMENT COUNCIL
CULTURAL UMBRELLA
APPROVED
BUDGET BREAKDOWN
FISCAL YEAR 2002/2003
EVENT NAME:
KEY WEST POPS ORCHESTRA
DIRECT MAIL & POSTAGE
BROCHURES, POSTERS, RACK CARDS $ 1,000
PUBLIC RELATIONS
PHOTO PROGRAM $
MEDIA ADVERTISING $ 8,000
T-SHIRTS, CAPS, JACKETS $
*GENERAL - NON-ALLOCATED $ 1,000
TOTAL: $ 10,000
*GENERAL NON-ALLOCATED IS NOT TO EXCEED 15% OF THE AMOUNT AWARDED
BY THE MONROE COUNTY TOURIST DEVELOPMENT COUNCIL FOR THIS SPECIFIC EVENT.
EXHIBIT "B"
TOURIST DEVELOPMENT COUNCIL
CULTURAL UMBRELLA
SCHEDULE OF EVENTS
FISCAL YEAR 2003
NAME OF EVENT:
The Kev West Poos Orchestra
Please list all scheduled activities in date and time order (if pre-promotion is to be considered indicate the dates of
the next season):
December 16,20027:30 PM
''Noche Latina"
January 12,20037:30 PM
"100 years of Richard Rodgers"
March 2, 2003 7:30 PM
"With the Keys Chorale and Island Opera"
We are examining the possibility of have one or two concerts in Dade and Broward Counties with our
''Noche Latina" concert to further promote the Key West Pops and Key West. Although we are not
asking for any grant assistance from the TDC, we know that this type of exposure will help promote Key
West and the Florida Keys in a positive manner.
Monroe County Tourist Development Council Cultural Umbrella Application
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MCTG-3125 New Logo Slick L01