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. Hanc~
Deputy Clerk CJ
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/bla Waterfront Playhouse covering the Key West Players d/bla 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 Series in an amount not to exceed $6,918, FY 2005 Two Penny Cultural Urnbrella
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 I, 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, 2095) in an amount not to exceed $6,918, FY 2005 Two Penny Cultural
Umbrella Resourcestiower Keys Chamber of Commerce covering the 21 st 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 wlo 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 lower
Keys Chamber of Commerce, 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 $8,500 (Eight Thousand and Five Hundred
Dollars) for promotion and related expenditures, as described in the event budget, attached hereto
as Exhibit B, for production of the 21st Annual Underwater Music Festival on July 9, 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 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, 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, except
that for events with promotional expenditures incurred between July 1 and September 30, 2005,
invoices must be submitted within ninety (90) days of the conclusion of the event.
Underwater Music Festival
Cultural UmbreHa Funding FY 2005
I
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 attomey'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",
logoltrade mark adopted by the TDC and County on November, 2000 (as per attached).
Underwater Music Festival
Cultural Umbrella Funding FY 2005
2
R4Idio Advertising should read "Brought to you by the Monroe County Tourist Development
Council". 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 by
law.
The Monroe County Board of County Commissioners, its employees and officials will be
included as II 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
Underwater Music Festival
Cultural Umbrella Funding FY 2005
3
*
$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.
., ..,<~~>~~(~N.WITNESS WHEREOF, each pa,rt~.has caused this Agreement to be executed by its
".!.Y~>'~I~~~zed representative, the -bfj /PI- day of C-t: r- . 2004.
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ii" "<.:!f.""(,f":.,i
Board of County Commissioners
of Monroe County
By .jflt,A~ I( ~
MaYor/Chairman
(CORPORATE SEAL)
Attest:
lower Keys Chamber of Commerce, Inc.
By IL4 ~_
President
By. ~~ Jjp
Secretary
OR
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Underwater Music Festival
Cultural Umbrella Funding FY 2005
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EXHIBIT A
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
CULTURAL UMBRELLA
SCHEDULE OF EVENTS
FISCAL YEAR 2005
EVENT NAME:
21st Annual Underwater Music Featival
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 event takes place on Saturday, July 9,2005
at the Looe Key Reef. Music and reef awareness
message are played from 10:00 am to 4:00 pm
on WCNK 98.7 FM Radio.
IF FUNDED, EXHIBITS A AND B WILL BECOME PART OF YOUR CONTRACT AND TRANSMITTED TO THE
OFFICE OF THE CLERK OF THE COURT.
Monroe County Tourist Development Council Cultural Umb18la Application
Page 5
EXHIBIT B
MONROE COUNTY TOUIST DEVELOPMENT COUNCIL
CULTURAL UMBRELLA EVENT FUNDS
BUDGET BREAKDOWN
FISCAL YEAR 2005
EVENT NANmst Annual Underwater Music Festival
MEDIA ADVERTISING
$
2,600
BROCHURES, POSTERS, PROGRJ $ 100
DIRECT MAIL & POSTAGE $
PRESS BOAT $ 1,000
PUBLIC RELATIONS $ 4,800
PROMOTIONAL ITEMS $
(T-SHIRTS, CAPS, JACKETS,ETC.)
MISCELLANEOUS*
$
TOTAL: $ 8,500
*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 LINE
"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 TRANSMITTED TC
OFFICE OF THE CLERK OF THE COURT.
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:
~~
~\~ ~IAU~
clA?fMk d (~ .
UwLA'1-Vtlb I4tA <:;.'c /-1;" l-vvJ
Name of Event:
Contract for: Services
Address of Contractor:
c/o TDC Att: Maxine
Phone: 305-296-1552
Scope of Work: Advertising and Promotion
Reason for Waiver: Providing funds to "romote event only.... Minimal exposure to
county
Policies Waiver will
apply to: See Attached
~
Signature of Contractor:
APProv~ if""L- Not Approved
Risk Management: ;{g_~
Date: r; !/ ~ /0 <( \
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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MONRO[ COUNTYTOURIST OmlOPM[NT COUNCil
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MONRO[ COUNTY TOURIST OmlOPM[NT COUNCil
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MONRO[ COUNTYTOURIST OmlOPM[NT COUNCil
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MONRO[ COUNTYTOURIST OmlOPM[NT COUNCil
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TH[ flORIDA K[YS & K[Y W[ST
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MCTG-3125 New Logo Slick L01