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10/19/2005 aeltl1l11l1 eircuI eOln Danny L. Kolhage Phone: 295-3130 Fax: 295-3663 To: Lynda Stuart, OffICe Manager Tourist Development Council Attn: Maxine Pacini Isabel C. DeSantis, · _1..> 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 of $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 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 The Mel Fisher Maritime Heritage Society, 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 $25,000 (Twenty Five Thousand Dollars) for promotion and related expenditures effective October 1, 2005, as described in the event budget, attached hereto as Exhibit B, for production of "Silver!: Plata Del Mar" between November 1, 2005 and September 30, 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 30, 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. Silver: Plata Del Mar 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 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. Silver: Plata Del Mar Cultural Umbrella Funding FY 2006 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). 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) Silver: Plata Del Mar Cultural Umbrella Funding FY 2006 3 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. 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 thiSnAgreement to be executed by its duly authorized representative, the ~ day of 6cJ'. ~r. 2005. /;?"_,",,,^-:-:",,~^A~<., " (SEAl)(' Attes~Danny L Kolhage, Clerk f' ~i; i ~c. ~~~ o . ,'.' t CJerk ..J ex:: .. (.:J l.J.. o - ...~ (..) ;:c1-=>= l.iJ :II: ..,.J u.... 0:: Co. oaiz ~~::> (~R~RA~Al) "'- '-., >'-~w c ~.. ~~ A!tst: z', ~. ,% ...- '" _.0 L&.. g - %: B .~ y. Board of County Commissioners of Monroe County Lh# >n ~ Mayor/Chairman The Mel Fisher Maritime Heritage Society, Inc. By Secretary OR MONROE COUNT':' ATTORNEY ~A"'''_~ . . ...',!\,,- A. TON _......~N%A~ORNEY lh ,. ';. Silver: Plata Del Mar Cultural Umbrella Funding FY 2006 4 EXHIBIT A D. MONROE COUNTY TOURIST DEVELOPMENT COUNCIL CULTURAL UMBRELLA SCHEDULE OF EVENTS FISCAL YEAR 2006 EVENT NAME: Silver!: Plata Del Mar 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. Exhibition and Activities November · Pirates Festival (in partnership with Pirates in Paradise and Pirate Soul) · Meet Captain Holly - Children's Day full of swashbuckling fun December The Artifacts Speak Tour -Focused tours by museum staff September "Silver!: Plata Del Mar" - Exhibition opens to the public (through February 2007) Lecture Supportin2 the Exhibition November Piracy and the Trade in Silver David Cordingly, Ph.D., Author: Under the Black Flag January Toasting the Gods: Inca Silver & Spanish Influences Tom Cummins, Ph.D., Harvard University February The Story ofthe Great Silver Fleets Eugene Lyon, Ph. D., Flagler College March Colonial Silver in the Americas Beatriz Chadour, Ph.D., Victoria & Albert Museum April The Mountain That Eats Men: Mining & Slavery in Colonial Peru Johanna Hecht, Ph.D., Metropolitan Museum May Payroll of an Empire: Coinage of the 17th Century Paul Karan, Consulting Scholar to Private Collectors June Dressing the Spanish Table: Opulence in Europe, Silver from Peru Christopher Hartop, Ph.D., Vice President, Sotheby's London July Silver Stacked Like Cord Wood: The Atocha is Found Duncan Matthewson, Ed.D., Atocha Project Archeologist August The Trail of the Atocha: Silver on the Seabed Corey Malcom, Director of Archeology, Mel Fisher Maritime Museum September Silver! All That Glistens Isn't Gold Conservation Lab tour & talk with Mel Fisher Maritime Museum's conservation and archeology staff. 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 Umbrella Application Page 5 EXHIBIT B MONROE COUNTY TOUIST DEVELOPMENT COUNCIL CULTURAL UMBRELLA EVENT FUNDS BUDGET BREAKDOWN FISCAL YEAR 2006 EVENT NAME: SILVER!: PLATA DEL MAR 17,250 MEDIA ADVERTISING BROCHURES,POSTERS,PROGRJ $ DIRECT MAIL & POSTAGE $ PHOTO PROGRAM $ PUBLIC RELATIONS $ PROMOTIONAL ITEMS $ (T-SHIRTS, CAPS, JACKETS,ETC.) MISCELLANEOUS* $ TOTAL: $ $ 3,000 1,000 3,750 25,000 *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 LII "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 OFFICE OF THE CLERK OF THE COURT. . TH[ fLORIDA KH5 & KH W[5T MONRO[ COUNTY TOURIST O[V[LOPM[NT COUNCIL Come as you are@ TH[ fLORIDA KH5 & KH W[5T MONRO[ COUNTY TOURIST O[V[LOPM[HT COUNCIL Come as you are@ TH[ fLORIDA KH5 & KH W[5T MONRO[ COUNTY TOURIST O[V[LOPM[NT COUNCIL Come as you are@ TH[ nORIDA KH5 & KH W[5T MONRO[ COUNTY TOURIST O[V[lOPM[NT COUNCIL Come as you are@ TH[ fLORIDA KH5 & KH W[5T MONRO[ COUNTY TOURIST O[V[lOPM[Nl COUNCIL Come as you are@ TH[ nORIDA KH5 & KH W[5T MONRO[ COUNTY TOURIST O[V[lOPM[NT COUNCIL Come as you are@ THf [lORIDA KHS & KfY WfST THf [lORIDA KHS & KH WfST THf [lORIDA KHS & KH WfST MONRO[ COUNTY TOURIST O[V[lOPM[NT COUNCIL MONRO[ COUNTY TOURIST O[V[LOPM[Nl COUNCIL MONRO[ COUNTY TOURIST O[V[LOPM[Nl COUNCIl Come as you are@ Come as you are@ Come as you are@ THf [lORIDA KfYS & KH WfST THf [lORIDA KHS & KH WfST THf [lORIDA KHS & KH WfST MONRO[ COUNTYTOURIST O[V[LOPM[NT COUNCIL MONRO[ COUNTY TOURIST O[VROPM[NT COUNCIL MONRO[ COUNTY TOURIST O[V[LOPM[NT COUNCIl Come as you are@ Come as you are@ Come as you are@ TH[ [lORIDA K[YS & K[Y W[ST TH[ [lORIDA K[YS & K[Y W[ST TH[ [lOR IDA K[YS & K[Y W[ST MONRO[ COUNTY TOURIST O[VnOPM[NT COUNCIL MONRO[ COUNTY TOURIST O[VnOPM[NT COUNCIL MONRO[ COUNTY TOURIST O[VnOPM[NT COUNCIl Come as you are@ Come as you are@ Come as you are@ TH[ [lORIDA K[YS & K[Y W[ST TH[ [lORIDA K[YS & K[Y W[ST TH[ [lORIDA K[YS & K[Y W[ST MONRO[ COUNTY TOURIST O[VnOPM[NT COUNCIL MONRO[ COUNTYTOURIST O[VnOPM[NT COUNCIL MONRO[ COUNTY TOURIST O[VnOPM[NT COUNCIL Come as you are@ Come as you are@ Come as you are@ TH[ [lORIDA K[YS & K[Y W[ST MONRO[ COUNTY TOURIST D[VHOPM[NT COUNCIL Come as you are@ TH[ [lORIDA K[YS & K[Y W[ST MONRO[ COUNTY TOURIST D[VHOPM[NT COUNCIL Come as you are@ TH[ [lORIDA K[YS & K[Y W[ST MONRO[ COUNTY TOURIST D[VHOPM[NT COUNCIL Come as you are@ TH[ [lORIDA K[YS & K[Y W[ST MONRO[ COUNTY TOURIST D[VHOPM[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 ~ ~ l G'''''-r ~ihn-o, ~-0 ~ S~:de~J,c {( Si\vo- \ ., p\ ~\--O-. [)t.-\ ~ \\, Name of Entity: Name of Event: Contract for: Services c/o TDC Att: Maxine Address of Contractor: 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 Ap Not Approved Signature of Contractor: Risk Management: Date: '{ - d.,S-OS County Administrator Appeal: Approved Not Approved Date: Board of County Commissioners Appeal: Approved Not Approved Meeting Date: Administration Instruction #4709.2 Page 3 of5 MEL FISHER MARITIME HERITAGE SOCIETY BOARD OF DIRECTORS MEETING MINUTES March 19,2005 Approved: August 20, 2005 Kent Weimer shared that he was going to discuss new levels of membership which would generate higher levels of funding. Spencer Meredith inquired about the amount of business generated thru the website and suggested that new ways be explored via the website. Harrison asked if the board would pass a motion to accept the Treasurers report, William Burrington made the motion, Kim Fisher, second. Motion passed unanimously. Housekeeping Annual Resolution: Melissa Kendrick, CFO reviewed the contents reminding the Board that some items included herein were required under our accreditation and others were required to be in place by our accounting firm to operate in the same manner as we have been. She asked the board to pass the "annual housekeeping resolution" as presented. Motion for approval moved by Taffi Fisher-Abt , Don Kincaid, second. Motion passed unanimously. Motion reads: The Board of Directors of the Mel Fisher Maritime Museum does hereby: -Authorize the corporate officers and executive director as check signers. -Authorize the corporate officers and executive director as signers on all bank accounts. -Authorize the executive director & CFO to open bank accounts as needed consistent with the signatory authorized above. -Authorize the use of electronic transfer from Society accounts for payment to Society accounts subject to an authorizing signature as above. -Authorize the executive director & CFO to open and manage any investment or brokerage accounts as needed consistent with the signatory authorized above. -Authorize the executive director to sign contracts, documents, and on the corporate seal. -Authorize the executive director & CFO to apply for and open trade accounts as needed. -Authorize the CFO as the signatory on all financial statements and documents including the corporate tax returns. -Delegate the day-to-operation of the corporation to the executive director. -Designate the executive director as CEO of the corporation. -Authorize the executive director & CFO to engage the corporation's accountants to perform the annual audit, prepare tax returns and provide financial services as needed -Authorize the executive director to engage legal counsel as needed. DIRECTORS REPORT Madeleine Burnside shared that we are still at reduced levels of staffing so she asked that the Board please bear with the office if they encounter any delays.