FY2004 10/15/2003
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
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 Oaks, January 17,2004, in the amount 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
Performing Arts Centers for Key West, L.C. (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 $14,404 (Fourteen Thousand, Four Hundred
and 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 Tennessee Williams
Theatre 2003-2004 Season between November 1, 2003 and May 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 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.
Tennessee Williams Theatre
Cultural Umbrella Funding FY 2004
1
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.
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.
Tennessee Williams Theatre
Cultural Umbrella Funding FY 2004
2
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 by
law.
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
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.
.
Tennessee Williams Theatre
Cultural Umbrella Funding FY 2004
3
" 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.
IN WITNESS WHEREOF, each p~s caused this Agreement to be executed by its
duly authorized representative, the i:. day of 6c:.,. 2003.
(SEAL)
A....~.e...s..I;Dl\In.......n...... Y..~.L)'Kolhage, Clerk
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. . ". '.Dep' "ty Clerk
Board of County Commissioners
of ~oroe Coe~ty
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Mayor/Chairman
Secretary
Performing Arts Centers for Key
West, L.C.
By~~~ ~~~
President
(CORPORATE SEAL)
Attest:
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OR
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Tennessee Williams Theatre
Cultural Umbrella Funding FY 2004
4
EXHIBIT A
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
CULTURAL UMBRELLA
SCHEDULE OF EVENTS
FISCAL YEAR 2004
EVENT NAME: Tennessee Williams Theatre Season 03-04.
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.
The Tennessee Williams Theatre Season 03-04 is comprised of two events:
Tennessee Williams Festival, January 15-18, 2004. These four events will comprise the
foundation of the Tennessee Williams Festival; scheduling will be finalized based on the actual
participants in the event. The Tennessee Williams Society is currently negotiating with Sir
Peter Shaffer, Wendy Wasserstein, Terrence McNally, Edward Albee, Eli Wallach and Ann
Jackson, Paul Newman and Joanne Woodward.
/. Film: In conjunction with the KW Film Society, showcase and discuss specific
Tennessee Williams's works that have been translated into film.
II. Symposium: Featuring critics, scholars, and playwrights such as last year's John
Simon (NY Magazine theatre critic), Sir Peter Shaffer (author of Amadeus and
Equus) who will discuss the impact of Tennessee Williams work.
III. Performance: Highlighting the works and words of Tennessee Williams bn the
stage, the festival will showcase actors such as last year's performance by Elizabeth
Ashley and Jeremy Lawrence.
The Tennessee Williams Theatre Jazz Series will present single performances of nationally
renowned jazz musicians three to six times from November 03-June 04. Currently negotiating
with critically acclaimed musicians such as Freddy Cole, Arturo O'Farrill's Big Band, Pucho
and the Latin Soul Brothers. Schedule will be determined according to the outcome of these
negotiations. An example of possible dates for these performances, based on current
availability of the theatre, are Nov 15 or 29, Dec 20 or 31, Feb 14, April 24, or May 15 or
throughout the month of June.
EXHIBIT B
MONROE COUNTY TOUIST DEVELOPMENT COUNCIL
CULTURAL UMBRELLA EVENT FUNDS
BUDGET BREAKDOWN
FISCAL YEAR 2004
EVENT NAME: Tennessee Williams Theatre Season 03-04
MEDIA ADVERTISING
$
12,000
2,000
404
BROCHURES, POSTERS, PROGRJ $
DIRECT MAIL & POSTAGE $
PHOTO PROGRAM $
PUBLIC RELATIONS $
PROMOTIONAL ITEMS $
(T-SHIRTS, CAPS, JACKETS,ETC.)
MISCELLANEOUS*
$
TOTAL: $
14,404
*MISCELLANEOUS MAY NOT EXCEED 15% OF THE ABOVE BUDGET
ACTUAL EXPENDITURES MAY DEVIATE NO MORE THAN 10% FROM THIS BUDGET.
THf ijORIDA K[YS & KfY W[ST
. MONROf COUNTY TOURIST DfVElOPMfNT COUNCil
Come as you are@
THf nORIDA KfYS & K[Y W[ST
MONRO[ COUNTY TOURIST DfVfLOPMfNT COUNCil
Come as you are@
T~f nORIDA KfYS & KfY WfST
MONROE COUNTYTOURIST DfVflOPMfNT COUNCil
Come as you are@
THf nOR IDA KfYS & KfY WfST
MONROf COUNTYTOURIST DfVfLOPMfNT COUNCil
Come as you are@
THf nORIDA KfYS & KfY WfST
MONROf COUNTY TOURIST DfVfLOPMfNT COUNCil
Come as you are@
TH[ nO R IDA KfYS & K[Y WfST
MONROf COUNTY TOURIST DfVELOPMfNT COUNCil
Come as you are@
THf [LORIDA KfYS & KfY WfST THf [LORIDA KfYS & KfY WfST THf [LORIDA KfYS & KfY WfST
MONRO[ COUNTY TOURIST DfYROPM[NT COUNCil MONROf COUNTYTOURIST D[Y[lOPMENT COUNCIl MONROE COUNTY TOURIST D[Y[LOPMENT COUNCil
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THf [LORIDA KHS & KH WfST THf [LORIDA KfYS & KfY WfST THf [LORIDA KfYS & KfY WfST
MONROE COUNTY TOURIST DEVfLOPMENT COUNCil MONROE COUNTY TOURIST DfYROPMENT COUNCil MONROE COUNTY TOURIST DEVfLOPM[NT COUNCil
Come as you are@ Come as you are@ Come as you are@
THt [LORIDA KtYS & KtY WtST THt [LOR IDA KtYS & KtY WtST THt [LORIDA KtYS & KtY WtST
MONRO[ COUNTY TOURIST O[Y[lOPM[NT COUNCil MONRO[ COUNTY TOURIST O[Y[lOPM[NT COUNCil MONRO[ COUNTY TOURIST O[Y[lOPM[NT COUNCIL
Come as you are@ Come as you are@ Come as you are@
THt [LORIDA KtYS & KtY WtST THt [LORIDA KtYS & KtY WtST THt [LORIDA KtYS & KtY WtST
MONRO[ COUNTY TOURIST O[Y[lOPM[NT COUNCil MONRO[ COUNTY TOURIST O[Y[lOPM[NT COUNCil MONRO[ COUNTY TOURIST O[Y[lOPM[NT COUNCil
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TUf nORIDA KHS &KHWfST
MONRO[ COUNTY TOURIST D[V[LOPM[NT COUNCIL
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TUf fLORIDA KHS & KH WfST
MONRO[ COUNTY TOURIST D[VROPM[NT COUNCIL
Come as you are@
TUf nORIDA KHS & KH WfST
MONRO[ COUNTY TOURIST DfVfLOPM[NT COUNCIL
Come as you are@
T"f nOR IDA KfYS & KfY WfST
MONRO[ COUNTY TOURIST D[VROPM[NT COUNCIL
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MCTG-3125 New Logo Slick L01
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 ofInsurance
Requirements, be waived or modified on the fol1owing contract.
Contractor:_seeeventattachment eecy-rC'N~~ Ac\s (~fA~ ~ ~ We); L.C.
Contract for: _Services
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
Signature of Contractor: Ij/~ f? ~
Approved ~ NOt Approved
Risk Management: 6;ff
8/1/03
Date:
County Administrator Appeal:
Approved
Not Approved
Date:
Board of County Commissioners Appeal:
Approved
Not Approved
Meeting Date:
Administration Instruction
#4709.2