FY2006..10/19/2005 Agreement
aeltl1l11le
arcul eoun
Danny L. Kolhage
Phone: 295-3130 Fax: 295-3663
To:
Lynda Stuart, OffICe Manager
Tourist Development Council
Attn:
Maxine Pacini
Isabel C. DeSantis, · _l>
Deputy Clerk J?
From:
Date:
Wednesday, November 09,2005
At the BOCC meeting on October 19, 2005, the Board approved the following
Cultural Umbrella Event Funding Agreements for FY 2006, totaling $402,547.00:
"Man, 3000 Years Under the Sea", in the amount of$25,000.00; "Silver!: Plata Del
Mar", in the amount of $25,000.00; In Their Own Words, The History of Key West,
1822-1940, in the amount of $23,000.00; Island Opera Theatre Concert Series, in the
amount of $15,885.00; Key West Players at the Waterfront Playhouse, in the amount of
$21,000.00; Marathon Community Theatre 2005-2006 Season, in the amount of $22,897.00;
Performance at St. Paul's, in the amount of $5,000.00; Red Barn Theatre/Live Theatre, in
the amount of $23,000.00; The Key Players 2005/2006 Season, in the amount of $20,810.00;
Key West Symphony Orchestra 2005-2006 Season, in the amount of $21,000.00; The Key
West Pops Orchestra, in the amount of $8,760.00; Tennessee Williams Theatre 2005-2006
Season, in the amount of $21,000.00; (1) Annual Benefit Concert (featuring Maynard
Ferguson); (2) Historic HOliday Candlewalk; (3) 2006 Upper Keys Concert Series; (4) St.
Patrick's Day Irish Concert, in the amount of$25,000.00; Pirates in Paradise Festival
2005, in the amount of $8,760.00; KWCA Impromptu Concerts, in the amount of $8,760.00;
Florida Keys Art Guild, Outdoor Shows, in the amount of $14,730.00; Pops in the Park, in
the amount of $7,550.00; Florida Keys Holiday Festival, in the amount of $2,183.00;
Marathon Garden Club's 2005/2006 Seasonal Events, in the amount of $15,278.00; 46th
Annual Key West House and Garden Tours and 44th Annual Conch Shell Blowing
Contest, in the amount of $13,760.00; Middle Keys Concert Series, in the amount of
$5,862.00; Art Under the Oaks, in the amount of $2,750.00; SCulpture Key West, in the
amount of $21,000.00; Civil War Heritage Festival, in the amount of $5,000.00; Pigeon Key
Art Festival, in the amount of $11,700.00; Robert Frost Poetry Festival 2006, in the
amount of $5,000.00; Harry S. Truman Legacy Symposium and Exhibit, in the amount of
$13,762.00; and 22nd Annual Underwater Music Festival AquaCulture-Music and Art in
the Key of Sea, in the amount 0[$9,100.00.
Attached hereto are two (2) duplicate originals of each document for your
handling. Should you have any questions concerning the above, please do not hesitate to
contact me at 295-3130.
cc: Finance
County Attorney
File
FVNQING AGREEI~NI
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 Jessie
Porter's Heritage House & Robert Frost Cottage, 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 $5,000 (Five Thousand Dollars) for promotion
and related expenditures, as described in the event budget, attached hereto as Exhibit B, for
production of the Robert Frost Poetry Festival 2006 on April 21-23, 2006. 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 3D, 2006. 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, 2006, 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, 2006, except
that for events with promotional expenditures incurred between July 1 and September 30, 2006,
invoices must be submitted within ninety (90) days of the conclusion of the event.
Robert Frost Poetry Festival
Cultural Umbrella Funding FY 2006
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 hislher/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 liThe Florida
Keys & Key West, Monroe County Tourist Development Council, Come as You Are",
Robert Frost Poetry Festival
Cultural Umbrella Funding FY 2006
2
logo/trade mark adopted by the TDC and County on November, 2000 (as per attached).
Radio 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 "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
.,.
Robert Frost Poetry Festival
Cultural Umbrella Funding FY 2006
3
$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.
.,.
.,.
IN WITNESS WHEREOF, each pa~ has caused ~~greement to be executed by its
duly authorized representative, the ~ day of . >~. 2005.
Board of County Commissioners
of Monroe County
(SEAL)
Attest: Danny L. Kolhage, Clerk
~..f~
Deputy clerk .
1fA ~ ~d.u
ayor/Chairman
Jessie Porter's Heritage House & Robert
Frost Cottage, Inc.
By \?4~ DJJ-w
President
(CORPORATE SEAL)
Attest:
By.
OR
Secretary
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Roberl Frost Poetry Festival
Cultural Umbrella Funding FY 2006
4
EXHIBIT A
D.
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
CULTURAL UMBRELLA
SCHEDULE OF EVENTS
FISCAL YEAR 2006
EVENT NAME:
Robert Frost Poetry Festival 2006
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 Robert Frost Poetry Festival is a 3 day weekend event currently proposed to take place April 21 - 23,
2006.
Friday: the festival opening is scheduled to include events like an opening reception at the Key West
Heritage House Museum with dignitaries, attendees and the guest poets. The guest poets will be reading
some of their works. As well as a stand alone pre-event workshop this may include topics such as poetry
performance or how to publish your book of poetry. Then, Frost goes to the Movies, a fundraiser for the
festival at Tropic Cinema, which will include an art showing of artists that use poetry in their work,
readings by the national and international poets and a movie that will be poetry related.
Saturday: Four poetry workshops led by three out of town poets and one local poet. These workshops will
be held in locations like the Garden of the Garden's Hotel, The Robert Frost Orchid Garden at the Key
West Heritage House Museum, The Customs House and Kelly's Caribbean Bar and Grill. Because these
workshops and events are held at many locations that are within walking distance, the attendees are exposed
to the many charms of Key West including shops and restaurants.
Evening activities will include a literary walking tour around Key West showing and describing the hOIll_
of the many literary figures that have lived in Key West and possibly a poetry slam, a fun competition
among poets, at a location like the Green Parrot.
Sunday: A morning session of poetry reading by workshop attendees and guest poets open to the public in
the Robert Frost Orchid Garden at the Key West Heritage House Museum.
The afternoon session, open to the public, will feature our guest poets who will read their poetry as well as
engage the audience in a question session. We will also announce the poetry contest winners with the
readings of winning poems.
Pre and post event workshops will also be presented. On Monday, we will offer a trip to the Dry Tortugas in
order to expose participants to a broader undentanding of Key West not only for inspiration in their
writing but as a cultural destination.
IF FUNDED, EXHIBITS A AND B WILL BECOME PART OF YOUR CONTRACT AND TRANSMITTED TO THE OFFICE OF
THE CLERK OF THE COURT.
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EXHIBIT B
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
CULTURAL UMBRELLA EVENT FUNDS
BUDGET BREAKDOWN
FISCAL YEAR 2006
EVENT NAME: Robert Frost Poetry Festival
MEDIA ADVERTISING $ 3.550
BROCHURES, POSTERS, PROGRAMS $ 0
DIRECT MAIL & POSTAGE $ 0
BANNERS $ 700
PUBLIC RELATIONS $ 0
PROMOTIONAL ITEMS
(T-SHIRTS, CAPS, JACKETS, ETC) $ 50
MISCELLANEOUS* $ 700
TOTAL $ 5.000
*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."
ALL BROADCAST ADVERTISING PLACED INSIDE MONROE COUNTY MUST INCLUDE THE LINE
"SPONSORED IN PART BY THE MONROE COUNTY TOURIST DEVELOPMENT COUNCIL."
IF FUNDED, EXHIBITS A AND B WILL BECOME PART OF YOUR CONTRACT AND TRANSMITTED TO THE
OFFICE OF THE CLERK OF THE COURT.
TH[ [LORIDA KHS & KH W[ST
MONRO[ COUNTY TOURIST nmlOPM[NT COUNCIl
Come as you are@
TH[ [lORIDA KHS & KH W[ST
MONRO[ COUNTY TOURIST nmlOPM[NT COUNCil
Come as you are@
TH[ [LORIDA KHS & KH W[ST
MONRO[ COUNTY TOURIST nmLOPM[NT COUNCil
Come as you are@
TH[ [LORIDA KHS & KH W[ST
MONRO[ COUNTYTOURIST OmLOPM[NT COUNCil
Come as you are@
TH[ [LORIDA KHS & KH W[ST
MONRO[ COUNTY TOURIST OmlOPM[NT COUNCil
Come as you are@
TH[ [LORIDA KHS & KH W[ST
MONRO[ COUNTY TOURIST O[VUOPM[NT COUNCil
Come as you are@
1U[ [lORIDA KHS & KH W[Sl 1U[ [lORIDA KHS & KH W[Sl 1U[ [lORIDA KHS & KH W[Sl
MONRO[ COUNTY TOURIST O[V[lOPM[NT COUNCIL MONRO[ COUNTY TOURIST OmLOPM[NT COUNCIL MONRO[ COUNTYTOURIST OmLOPM[NT COUNCIL
Come as you are@ Come as you are@ Come as you are@
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MONRO[ COUNTY TOURIST O[V[LOPM[NT COUNCIL MONRO[ COUNTY TOURIST OmLOPM[NT COUNCIL MONRO[ COUNTY TOURIST OmLOPM[NT COUNCIL
Come as you are@ Come as you are@ Come as you are@
T~[ [LORIDA K[YS & K[Y W[ST T~[ [LORIDA K[YS & K[Y W[ST T~[ [LORIDA K[YS & K[Y W[ST
MONROf COUNTY TOURIST OfVROPMfNT COUNCIl MONROf COUNTY TOURIST OfVROPMfNT COUNCIL MONROf COUNTY TOURIST OfVROPMfNT COUNCIL
Come as you are@ Come as you are@ Come as you are@
T~[ [LORIDA K[YS & K[Y W[ST T~[ [LORIDA K[YS & K[Y W[ST T~[ [LORIDA K[YS & K[Y W[ST
MONROf COUNTY TOURIST OfVROPMfNT COUNCIl MONROf COUNTY TOURIST OfVROPMfNT COUNCIL MONROf COUNTY TOURIST OfVROPMfNT COUNCIL
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TH[ [lORIDA K[YS & K[Y W[ST
MONRO[ COUNTY TOURIST D[V[LOPM[NT COUNCIL
Come as you are@
TH[ [lORIDA K[YS & K[Y W[ST
MONRO[ COUNTY TOURIST D[VROPM[NT COUNCIL
Come as you are@
TH[ [LORIDA K[YS & K[Y W[ST
MONRO[ COUNTY TOURIST D[VROPM[NT COUNCIL
Come as you are@
TH[ [LORIDA K[YS & K[Y W[ST
MONRO[ COUNTY TOURIST D[VROPM[NT COUNCIL
Come as you are@
MCTG-8084 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 following contract.
Contractor: See Event Attachment
Name of Entity: JessIe Po(.\.--e(~~ l~erf~~ 8l\~, ~ Bcbff't b--d~* 0\--\'Z(f I
Name of Event: e.osd-\ 1/ros{ &Joe..\-r~ l1s+\J"-( '2-aolo . 1\N: .
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 promote event only.... Minimal exposure to
county
Policies Waiver will
apply to: See Attached
Not Approved
Signature of Contractor:
AP~
Risk Management: .
Date:
"{ , d&OS
County Administrator Appeal:
Approved
Not Approved
Date:
Board of County Commissioners Appeal:
Approved
Not Approved
Meeting Date:
Administration Instruction
#4709.2