FY2005 10/20/2004
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
October 26,2004
TO:
Lynda Stuart, Office Manager
Tourist Development Council
ATTN:
Maxine Pacini
Administrative Assistant
FROM:
Pamela G. Hancodtt-
Deputy Clerk a
At the October 20,2004, Board of County Commissioner's meeting the D8Board granted
approval and authorized execution of the Cultural Umbrella Funding Agreements between
Monroe County and the following: Island Opera Theatre of the Florida Keys, Inc. covering the
Island Opera Theatre Concert Series between October 2004 and September 2005 in an amount
not to exceed $19,000, FY 2005 Two Penny Cultural Umbrella Resources; Key Players, Inc.
covering the Key Players, Inc. 2004/2005 Season between October 2004 and September 2005 in
an amount not to exceed $25,000, FY 2005 Two Penny Cultural Umbrella Resources; Key West
Players d/b/a Waterfront Playhouse covering the Key West Players d/b/a Waterfront Playhouse
between October 1,2004 and September 30,2005 in an amount not to exceed $15,000, FY 2005
Two Penny Cultural Umbrella Resources; Marathon Community Theatre, Inc. covering the
Marathon Community Theatre Season 2004/2005 in an amount not to exceed $23,349, FY 2005
Two Penny Cultural Umbrella Resources; Red Barn Actors Studio, Inc. covering the Red Barn
Theatre/Live Theatre in an amount not to exceed $20,000, FY 2005 Two Penny Cultural
Umbrella Resources; Mel Fisher Maritime Heritage Society covering the "Sunken Treasure _ 20
Years Later" between October 1, 2004 and September 30, 2005 in an amount not to exceed
$20,000, FY 2005 Two Penny Cultural Umbrella Resources; Florida Keys Art Guild, Inc.
covering the Florida Keys Art Guild Outdoor Art Festival between November 2004 and April
2005 in an amount not to exceed $12,500, FY 2005 Two Penny Cultural Umbrella Resources;
Florida Keys Community College covering the Florida Keys Community College "Keys Chorale"
Concert Setjes in an amount not to exceed $6,918, FY 2005 Two Penny Cultural Umbrella
Resources;,florida Keys Community Concert Band, Inc. between November 2004 and April 2005
in an amount not to exceed $10,595, FY 2005 Two Penny Cultural Umbrella Resources;
Performing Art Centers for Key West covering the Tennessee Williams Theatre 2004-2005
Season between November 1, 2004 and May 30,2005 in an amount not to exceed $19,000, FY
2005 Two Penny Cultural Umbrella Resources; Key West Council on the Arts covering
Impromptu Concerts between November 2004 and July 2005 in an amount not to exceed $9,000,
FY 2005 Two Penny Cultural Umbrella Resources; Troid Brett covering the Blue Sky Art &
Craft Show on November 21,2004 and Rites of Spring Art & Craft Show on March 13,2005 in
an amount not to exceed $3,200, FY 2005 Two Penny Cultural Umbrella Resources; Marathon
Garden Club, Inc. covering the 8th Annual Christmas Exhibit during December 2004 in an
amount not to exceed $4,000, FY 2005 Two Penny Cultural Umbrella Resources; Key West
Playwrights Company covering the Key West Playwrights Comp~ny between December 2004 and
March 2005 in an amount not to exceed $6,918, FY 2005 Two Penny Cultural Umbrella
Resources; Key West Symphony Orchestra, Inc. covering the Key West Symphony between
December 2004 and June 2005 in an amount not to exceed $20,000, FY 2005 Two Penny
Cultural Umbrella Resources; The Middle Keys Concert Association, Inc. covering the Middle
Keys Concert Season between January 2005 and March 2005 in an amount not to exceed $6,000,
FY 2005 Two Penny Cultural Umbrella Resources; Key West Literary Seminar, Inc. covering the
23rd Annual Key West Literary Seminar: Humor, on January 6-16,2005 and the 24th Annual Key
West Literary Seminar: The Literature of Adventure, Travel & Discovery on January 5-8, 2006 in
an amount not to exceed $13,917, FY 2005 Two Penny Cultural Umbrella Resources; San Pedro
Women's Guild of the Keys, Inc. covering the Art Under the Oaks on January 15, 2005 in an
amount not to exceed $2,000, FY 2005 Two Penny Cultural Umbrella Resources; Sculpture Key
West covering Sculpture Key West between January 16,2005 and March 25,2005 in an amount
not to exceed $19,000, FY 2005 Two Penny Cultural Umbrella Resources; Key West Art Center,
Inc. covering the Key West Craft Show on January 29-30, 2005 in an amount not to exceed
$5,200, FY 2005 Two Penny Cultural Umbrella Resources; Pigeon Key Art Foundation covering
the Pigeon Key Art Foundation on February 12-13, 2005 in an amount not to exceed $15,000, FY
2005 Two Penny Cultural Umbrella Resources; Key West Art Center, Inc. covering the Old
Island Days Art Festival on February 26-27, 2005 in an amount not to exceed $5,200, FY 2005
Two Penny Cultural Umbrella Resources; Harry S Truman Foundation, Inc. covering the Harry S.
Truman Legacy Symposium: Quest for peace in the Middle East on May 19-20, 2005 (alternate
date: May 20-21, 2005) in an amount not to exceed $6,918, FY 2005 Two Penny Cultural
Umbrella Resources; Lower Keys Chamber of Commerce covering the 21st Annual Underwater
Music Festival on July 9, 2005 in an amount not to exceed $8,500, FY 2005 Two Penny Cultural
Umbrella Resources; Key'West Art & Historical Society covering the production of the Fishing,
Friends and Family Hemingway in Key West, 1928-1939 in an amount not to exceed $20,000, FY
2005 Two Penny Cultural Umbrella Resources; Florida Keys Land and Sea Trust, Inc. covering
the Florida Keys Birding and Wildlife Festival in an amount not to exceed $17,817, FY 2005 Two
Penny Cultural Umbrella Resources.
Enclosed are two copies 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
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FUNDING AGREEMENT
THIS AGREEMENT is made and entered into by and between the Board of
County Commissioners of Monroe County, Florida, (hereinafter referred 10 as the 'County")
and Florida Keys Community Concert Band, 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 $10,595 (Ten Thousand, Five Hundred
and Ninety Five Dollars) for promotion and related expenditures effective October 1, 2004, as
described in the event budget, attached hereto as Exhibit B, for production of Pops In The
Park between November 2004 and April 2005. 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 desaibed 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, 2005. 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, 2005 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
30,2005.
Pops In The Park
Cultural Umbrella FUnding FY 2004
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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 adivities
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 hislherlits behalf any former County officer or employee in violation of Sedion 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 contrad 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 contrad 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
Pops In The Park
Cultural Umbrella FUnding FY 2004
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mark adopted by the TOC and County on November, 2000 (as per attached). Radio
Advertising should read "Brought to you by the Monroe County T ourisl DeveloPment
Council-. No reimbursement or direct payment will be considered unless this logoltrade 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 "'ed 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
Pops In The Park
Cultural Umbrella FUnding FY 2004
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*
$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.
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.
*
. ..ll!IlIyITNESS WHEREOF, each P8'"!Y bas caused this ~raement to be executed by its
<MY:8~~d representative, the U/ #t day of ({}C:-/ " 2004.
' \\
(SEAL) ., .','
.-\~f~ll Kolhage, Clerk
~,~C'~vr ..;;..;: ~,' &:'
Board of County Commissioners
of Monroe County
~(~~
.7" May Chairman
(CORPORATE SEAL)
Florida Keys Community Concert
Band, Inc.
Attest:
By.
Secretary
'-
BSJ\YV(\c1I~
President
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D.
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
CULTURAL UMBRELLA
SCHEDULE OF EVENTS
FISCAL YEAR 2005
EXHIBIT A
EVENT NAME POPS IN THE PARK
Pops in the Parle is a series of six free COIICeIlII OCCUrring between October 1, 2004. and May
31. 2005. All concerts are Saturdays in the Upper Keys.
IF FUNDED, EXHIBITS A AND B WILL BECOME PART OF YOUR CONTRAcT AND TRANSMITTED TO THE
OFFICE OF THE CLERK OF THE COURT.
- Cocn/JI TOUtIoI DoveIot>ment ~ CuIIunJJ ~ App/IcstJon Page a
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EXHIBIT B
MONROE COUNTY TOUIST DEVELOPMENT COUNCIL
CULTURAL UMBRELLA EVENT FUNDS
BUDGET BREAKDOWN
FISCAL YEAR 2005
EVENT NAME:
POPS in the Park
MEDIA ADVERTISING
$
8,830
BROCHURES, POSTERS, PROGRJ $ 870
DIRECT MAIL & POSTAGE $
PHOTO PROGRAM $
PUBLIC RELATIONS $
PROMOTIONAL ITEMS $
(T-SHIRTS, CAPS, JACKETS,ETC.)
MISCELLANEOUS. $
TOTAL: $
175
220
500
10,595
*MISCELLANEOUS MAY NOT EXCEED 15% OF THE ABOVE BUDGET
ACTUAL EXPENDITURES MAY DEVIATE NO MORE THAN 10% FROM THIS BUDGET.
THE MAXIMUM REQUEST IS $25,000.00.
FUNDS ARE PAID ON A REIMBURSEMENT BASIS.
ALL PRINT AND TELEVISION MATERIALS MUST DISPLAY THE CURRENT TDC LOGO
ALL BROADCAST ADVERTISING PLACED OUTSIDE MONROE COUNTY MUST INCLUDE THE L
"SPONSORED IN PART BY THE FLORIDA KEYS AND KEY WEST, MONROE COUNTY TOURIST
DEVELOPMENT COUNCIL."
IF FUNDED, EXHIBITS A AND B WILL BECOME PART OF YOUR CONTRACT AND TRANSM/TTEC
OFFICE OF THE CLERK OF THE COURT.
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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 following contract.
Contractor: See Event Attachment
Name of Entity: ~n~ VG'JO' ~.-w~.S '~~", I '-'Lc..
Name of Event: f'1's \1..,. ~ ~
Contract for: Services
Address of Contractor:
c/o TDC Att: Maxine
Phone: 305-296-1552
Scope of Work: Advertisimz and Promotion
Reason for Waiver: Providinsz funds to oromote event only. . .. Minimal exoosure to
county
Policies Waiver will
apply to: See Attached
Signature of Contractor:
Not Approved
Risk Management:
Date: r: 1/ ~ /0 <I
County Administrator Appeal:
Approved
Not Approved
Date:
Board of County Commissioners Appeal:
Approved
Not Approved
Meeting Date:
Administration Instruction
#4709.2
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MCTG-3125 New Logo Slick L01