FY2004 10/15/2003
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DA TE:
October 22, 2003
TO:
Lynda Stuart, Office Manager
Tourist Development Council
ATTN:
Maxine Pacini
Administrative Assistant
FROM:
Pamela G. Han~
Deputy Clerk CY
At the October 15, 2003, Board of County Commissioner's Meeting the Board granted
approval of the following Cultural Umbrella Event Agreements for Fiscal Year 2004 totaling
$378,014: Key Players 2004 Season, October 2003 - September 2004, in the amount of $25,000;
Performance at St. Paul's, October 2003 - September 2004, in the amount of $2,701; Island
Opera Theatre Concert Series, October 2003 - September 2004, in the amount of $21,664;
Waterfront Playhouse Season, October 2003 - September 2004, in the amount of $18,245;
Tennessee Williams Fine Arts Center Season, October 2003 - June 2004, in the amount of
$19,205; Red Barn Theatre Season, October 2003 - September' 2004, in the amount of $21,605;
Marathon Community TheatreSeason, October 2003 - September 2004, in the amount of
$24,266; Mel Fisher "Reefs, Wrecks and Rascals", October 15, 2003 - July 15, 2004, in the
amount of $20,645; Key West Pops Orchestra, November 2003 - February 2004, in the amount of
$11,523; Florida Keys Outdoor Art Festivals, November 2003 - March 2004, in the amount of
$14,243; South Florida Center for the Arts, November 2003 - March 2004, in the amount of
$15,054; Pops in the Park, November 2003 - April 2004, in the amount of $8,702; Tennessee
Williams Theatre Season, November 2003 - May 2004, in the amount of $14,404; Impromptu
Concerts, November 2003 - July 2004, in the amount of $4,801; Key West Symphony Season,
December 2003 - June 2004, in the amount of $21,605; Island Art Fair, December 14, 2003, in
the amount of $2,680; 44th Key West House & Garden Tours, January - March 2004, in the
amount of$4,801; Key West Writers Workshop, January 2004 - February 2005, in the amount of
$6,722; Ernest Hemingway & Walker Evans: Three Weeks In Cuba, January 2004 - December
2004, in the amount of $21,605; Key West Literary Seminar, January 2004 - January 2005, in the
amount of $14,404; Art Under The O~s, Jc\lltlc\1y 17, 2004, in the tllnen:1nt of $6,575, Key West
Craft Show, January 24-25, 2004, in the amount of $4,000; Pigeon Key Art Festival, February
7-8, 2004, in the amount of $17,469; Old Island Days Art Festival, February 21-22, 2004, in the
amount of $4,000; Butterfly and Butterfly Gardening Month, Apri 1-30, 2004, in the amount of
$4,000; Harry S. Truman Legacy Symposium, June 11-12, 2004, in the amount of $10,563; 20th
Annual Underwater Music Festival, July 10,2004, in the amount of $7,680; Florida Keys Birding
and Wildlife Festival, October 1-3,2004, in the amount of$21,852.
Enclosed 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 Island Opera Theatre of the Florida Keys, 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;
NOW THEREFORE; in consideration of the mutual promises contained herein, the
parties agree as follows:
1. County shall pay a sum not to exceed $21,664 (Twenty One Thousand, Six
Hundred and Sixty Four Dollars) for promotion and related expenditures effective October 1,
2003, as described in the event budget, attached hereto as Exhibit B, for production of the
Island Opera Theatre Concert Series between October 1, 2003 and September 30, 2004.
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 A, 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, 2004. 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, 2004 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
Island Opera Theatre Concert Series
Cultural Umbrella Funding FY 2004
1
30, .2004, except that for events with promotional expenditures incurred between July 1 and
September 30, 2004, 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.
Island Opera Theatre Concert Series
Cultural Umbrella Funding FY 2004
2
. . 10. Logo: 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,
11. Insurance Requirements: Event Sponsor, as a pre-requisite of the Special Event
governed by this agreement, shall obtain, at its own expense, insurance as specified in this
section.
Event Sponsor will not be permitted to commence work associated with the Event
(including pre-staging of personnel and material) until satisfactory evidence of the required
insurance has been furnished to the county as specified below, Event Sponsor shall maintain
the required insurance throughout the entire duration of the Special Event and any extensions
specified in any attached schedules. Failure to comply with this provision may result in the
immediate suspension of the Event until the required insurance has been reinstated or
replaced. Event Sponsor shall provide, to the County, as satisfactory evidence of the required
insurance, either:
* Certificate of Insurance
or
* Certified copy of the actual insurance policy
A certified copy of any or all insurance policies required by this contract shall be filed with the
Clerk of the BOCC prior to the Event.
All insurance policies must specify that they are not subject to cancellation, non-
renewal, material change or reduction in coverage unless a minimum of thirty (30) days prior
notification is given to the County by the insurer.
Acceptance and/or approval of Event Sponsor's insurance shall not be construed as
relieving Event Sponsor from any liability or obligation assumed under this contract or imposed
bylaw.
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies.
Any deviations from these General Insurance Requirements must be requested in
writing on the County form titled "Request for Waiver of Insurance Requirements" and must be
approved by Monroe County Risk Management.
Event Sponsor shall furnish the County with a certificate evidencing the insurance
required by this paragraph not later than twenty (20) days prior to the event.
Prior to commencement of work governed by this contract, Event Sponsor shall obtain
General Liability Insurance. Coverage shall be maintained through out the life of the contract
and include, as a minimum:
* Premises Operations
* Products and Completed Operations
* Blanket contractual Liability
* Personal Injury Liability
* Expanded Definition of Property Damage
The minimum limits acceptable shall be:
* $1,000,000.00 combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
* $500,000.00 per person
* $1,000,000.00 per Occurrence
* $100,000.00 Property Damage
Island Opera Theatre Concert Series
Cultural Umbrella Funding FY 2004
3
An Occurrence Form policy is preferred, If coverage is provided on a Claims
Made policy, its provisions should include coverage for claims filed on or after the effective
date of this contract. In addition, the period for which claims may be reported should extend
for a minimum of twelve (12) months following the acceptance of work by the County.
Recognizing that the work governed by this contract involves the sales and/or distribution of
alcoholic beverages, the Contractor's General Liability Insurance policy shall include Liquor
Liability with limits equal to those of the basic coverage.
A separate Liquor Liability policy is acceptable if the coverage is not more restrictive
than the contractor's General Liability policy.
INWITNESS WHEREOF, each partYJ1as caused this Agreement to be executed by its
duly authOrized representative, the I~ day of c::c..r , 2003.
(SEAL)
Attest: Danrry,
Board of County Commissioners
of Monroe County
~/;. >n ~ ~
Mayor/Chair ,~ --
(CORPORATE SEAL)
Island Opera Theatre Concert Series
of the Florida Keys, Inc.
Attest:
By.
Secretary
By ctJ~
President
OR
Witness
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Island Opera Theatre Concert Series
Cultural Umbrella Funding FY 2004
4
EXHIBIT A
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
CULTURAL UMBRELLA
SCHEDULE OF EVENTS
FISCAL YEAR 2004
EVENT NAME: ISLAND OPERA THEATRE CONCERT SERIES
List scheduled event activities in date order. If pre-promotion is included, indicate the event
dates of the next season. If funded, funds will be reimbursed only for the promotion of event
activities listed here.
Tentative Schedule of Events for Island Opera Theatre Concert Series 2003-4
EVENT LOCATION DATE
On the Road Concert Key West October 2003
On the Road Concert Key Largo October 2003
Opera Piccola Key West November 2003
On the Road Concert Marathon November 2003
On the Road Concert Key West December 2003
On the Road Concert Marathon February 2004
Fiddler on the Roof Key West March 2004
On the Road Concert Sugarloaf June 2004
On the Road Concert Tavernier June 2004
On the Road Concert Sugarloaf July 2004
On the Road Concert Key West July 2004
On the Road Concert Key West August 2004
EXHIBIT B
MONROE COUNTY TOUIST DEVELOPMENT COUNCIL
CULTURAL UMBRELLA EVENT FUNDS
BUDGET BREAKDOWN
FISCAL YEAR 2004
EVENT NAME: Island Opera Theatre Concert Series
MEDIA ADVERTISING $ 8,610
BROCHURES, POSTERS, PROGRj $ 3,960
DIRECT MAIL & POSTAGE $ 5,500
PHOTO PROGRAM $ 1,914
PUBLIC RELATIONS $ 1,180
PROMOTIONAL ITEMS $ 500
(T-SHIRTS, CAPS, JACKETS,ETC.)
MISCELLANEOUS* $
TOTAL: $ 21,664
*MISCELLANEOUS MAY NOT EXCEED 15% OF THE ABOVE BUDGET
ACTUAL EXPENDITURES MAY DEVIATE NO MORE THAN 10% FROM THIS BUDGET.
TU[ flORIDA R[YS & K[Y W[ST
HONRO[ COUNlYTOURIST DrnLOPH[NT COUNCIL
Come as you are@
lU[ nORIDA K[YS & KH W[Sl
HONRO[ COUNlYTOURIST DrnlOPH[NT COUNOL
Come as you are@
TU[ [LORIDA K[YS & KH W[Sl
HONRO[ COUNlY TOURIST DrnLOPH[NT COUNCIL
Come as you are@
TU[ nORIDA K[YS & KH W[Sl
HONRO[ COUNlYTOURIST D[VUOPHM COUNCIL
Come as you are<l!>
lU[ nOR IDA K[YS & KH W[Sl
HONRO[ COUNlY TOURIST DWUOPH[NT COUNOL
Come as you are@
lU[ [LORIDA KHS & KH W[ST
HONRO[ COUNTY TOURIST DWUOPHM COUNCIL
Come as you are@
TH[ [LORIDA Kn5 & Kn W[5T TH[ [lORIDA Kn5 & K[Y W[5T TH[ (LORIDA K[Y5 & K[Y W[5T
MONRO[ COUNlYTOURlST DOO.OPHOO (OlIn MONRO[ (OUNlYTOURlST DMLOPHOO (OUNOl MONRO[ COUNlYTOURlST omLOPHOO COUNaL
Come as you are8 Come as you are8 Come as you are8
TH[ [lORIDA K[Y5 & In W[5T T"[ (lORIDA K[Y5 & K[Y W[5T TH[ (lORIDA K[Y5 & K[Y W[5T
MONRO[ (OUNlYTOURlST omLOPHOO (OUNaL MONR()[ (OUNlYTOURlST DMLOPHOO (0UN0l HONRO[ (OUNlYTOURlST omLOPHOO COUNaL
Come as you are8 Come as you are8 Come as you are8
TH[[LORIDA (m & ([Y wm TH[[LORIDA (m & K[Y wm TH[[LORIDA (m & ([Y W[5T
MONRO[ COUNTY TOURIST DrnLOPMOO COUNOl MONRO[ COUNTY TOURIST DrnLOPMOO COUNOl MONRO[ COUNTY TOURIST DrnLOPM[NT COUNOl
Come as you are@ Come as you are@ Come as you are@
THHLORIDA Km &([Y wm THHLORIDA Km & K[Y W[5T THHLORIDA Km &([Y wm
MONRO[ COUNTY TOURIST DrnLOPMOO COUNOl MONRO[ COUNTY TOURIST I)[V[lOPMOO COUNOl MONRO[ COUNTY TOURIST I)[V[lOPM[NT COUNOl
Come as you are@ Come as you are@ Come as you are@
TH[ nORmA KUS & KU W[ST
MONRO[ COUNTY TOURIST D[V[lOPM[NT COUNCil
Come as you are@
TH[ nORmA KUS & KU W[ST
MONRO[ COUNTY TOURIST D[V[lOPM[NT COUNCil
Come as you are@
TH[ [LORIDA KUS & Kn W[ST
MONRO[ COUNTY TOURIST D[V[lOPM[NT COUNCil
Come as you are@
TH[ [LORmA KnS & Kn W[ST
MONRO[ COUNTY TOURIST D[V[LOPM[NT COUNCil
Come as you are@
1996 Edition
MONROE COUNTY, FLORIDA
Request For Waiver
of
Insurance Requirements
It is requested that the insurance requirements, as specified in the County's Schedule of Insurance
Requirements, be waived or modified on the foIlowing contract.
Contractor:_seeeventattachment J:s\~ {')f~ ~A"a~ l?r ~ .f1esy~ ~ ,lAc..
Contract for: _Services~.Mol O~ ~.e~ ~ 5P~
Address of Contractor: _c/o TDC Attn: Maxine
Phone: _305-296-1552
Scope of Work: _Advertising & promotion
Reason for Waiver: _Providing funds to promote event only...minimal exposure to county
Policies Waiver will
apply to: See attached
Risk Management:
Date: ~
Signature of Contractor:
County Administrator Appeal:
Approved
Not Approved
Date:
Board of County Commissioners Appeal:
Approved
Not Approved
Meeting Date:
Administration Instruction
#4709.2