10/19/2005 Agreement
.BlrmING AG~M~T
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 South Florida Center for the Arts, 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 the (1) Annual Benefit Concert; (2)
Historic Holiday Candlewalk; (3) 2006 Upper Keys Concert Series; (4) St. Patrick's Day Irish
Concert between November 2005 and March 2006. Payment wiJJ 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 Jines 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 finaJize aU 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.
South Florida Center for the Arts
Cultural UtnbIeIIa 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 shaU obtain prior to the event a Uquor UabiJity
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 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 wjth 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.
South Florida Center for the Arts
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 Ate",
logoltrade 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.
AU insurance policies must specify that they are not subject to canceUation, 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 wiIJ
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)
South Florida Center for the Arts
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 shouJd 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 P.D has caused ~~ment to be executed by its
duly authorized representative, the i/' ..... day of 2005.
(SEAL) .....
Attest: Danny 1...?Kolhage, Clerk
Board of County Commissioners
of Monroe County
~c...~~
Deputy Clerk
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~I t,.:. ~~ f !
Mayor/Char an.'
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South Florida Center for the Arts,
Inc.
BY~~
President
OR
Witness
SUZANi\it. , . HUTTON
ASSISTAN'~N'f~TORNEY
Date ~ 'A<
South Florida Center for the Arts
Cultural Umbrella Funding FY 2006
4
D.
EXHIBIT A
c-
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
CULTURAL UMBRELLA
SCHEDULE OF EVENTS
FISCAL YEAR 2006
Annual Benefit Concert, Historic Holiday Candlewalk,
EVENT NAME: Upper Keys Concert Series and the St. Patrick's Concert
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.
IF FUNDED, EXHIBITS A AND B WILL BECOME PART OF YOUR CONTRACT AND TRANSMITTED TO THE
OFFICE OF THE CLERK OF THE COURT.
Page 5
EXHIBIT B
MONROE COUNTY TOUIST DEVELOPMENT COUNCIL
CULTURAL UMBRELLA EVENT FUNDS
BUDGET BREAKDOWN
FISCAL YEAR 2006
EVENT NAME: SOUTH FLORIDA CENTER FOR THE ARTS
MEDIA ADVERTISING $ 13,500
BROCHURES, POSTERS, PROGR,L $ 8,000
DIRECT MAIL & POSTAGE $
PHOTO PROGRAM $ 800
PUBLIC RELATIONS $ 1,500
PROMOTIONAL ITEMS $ 1,000
(T-SHIRTS, CAPS, JACKETS,ETC.)
MISCELlANEOUS* $ 200
TOTAL: $ 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 LIP
"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.
T~[ fLORIDA K[YS & K[Y W[ST
MONRO[ COUNlYTOURIST OmLOPM[NT COUNCIl
Come as you are@
T~[ flORIDA K[YS & K[YW[ST
MONROf COUNTY TOURIST O[V[lOPM[Hl COUNCil
Come as you are@
T~[ fLORIDA K[YS & K[Y W[ST
MONRO[ COUNTY TOURIST OmLOPM[NT COUNCil
Come as you are@
T~[ fLORIDA K[YS & K[Y W[ST
MONROf COUNTY TOURIST OmLOPM[NT COUNCIl
Come as you are@
T~[ flORIDA K[YS & K[Y W[ST
MONROf COUNTY TOURIST OmLOPM[Hl COUNCil
Come as you are@
T~[ fLORIDA K[YS & K[Y W[ST
MONRO[ COUNTY TOURIST OmLOPM[NT COUNCil
Come as you are@
T~[ [LORIDA KHS & KH W[ST T~[ [LORIDA KHS & KH W[ST T~[ [LORIDA KHS & KH W[ST
MONRO[ COUNTY TOURIST O[V[LOPM[NT COUNCIL MONRO[ COUNTY TOURIST D[V[LOPM[NT COUNCIL MONRO[ COUNTYTOURIST O[V[LOPM[NT COUNCIL
Come as you are@ Come as you are@ Come as you are@
T~[ [LORIDA KHS & K[Y W[ST T~[ [LORIDA KHS & KH W[ST T~[ [LORIDA K[YS & KH W[ST
MONRO[ COUNTYTOURIST D[V[lOPM[NT COUNCIL MONRO[ COUNTY TOURIST O[V[LOPM[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[ [lORIDA K[YS & K[Y W[ST
MONROf COUNTY TOURIST OfVnOPMfNT COUNCil MONROf COUNTY TOURIST OfVHOPMfNT COUNCil MONROf COUNTY TOURIST OfVfLOPMfNT COUNCIL
Come as you are@ Come as you are@ Come as you are@
TH[ [lOR IDA K[YS & K[Y W[ST TH[ [lORIDA K[YS & K[Y W[ST TH[ [lORIDA K[YS & K[Y W[ST
MONROf COUNTY TOURIST OfVHOPMfNT COUNCIL MONROf COUNTYTOURIST OfVnOPMfNT COUNCIL MONROf COUNTYTOURIST OfVnOPMfNT COUNCIL
Come as you are@ Come as you are@ Come as you are@
TH[ [lORIDA K[YS & K[Y W[ST
MONROf COUNTY TOURIST DfVnOPMfNT COUNCIL
Come as you are@
TH[ [lORIDA K[YS & K[Y W[ST
MONROf COUNTY TOURIST DfVROPMfNT COUNCIL
Come as you are@
TH[ [lORIDA K[YS & K[Y W[ST
MONROf COUNTY TOURIST DfVnOPMfNT COUNCIL
Come as you are@
TH[ [lORIDA K[YS & K[Y W[ST
MONROf COUNTY TOURIST DfVROPMfNT 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: ~'-"~ Plcvl'k l-l;v~ ~)r ~H/~
N~me.f Event:(t );1\,\\,\ ~\ ~~.\- (.ClA.I-U\- i (; J ~S\-nti '-' (101: ~
CJv.--&\{w~\/..; ") Cf)'2c:o..., UppeJ\(;e'-VS Lou--c..:fYr- ~-eS" l~) S\- .Io.-l;-ytc.--c!;
Contract or: ServIces ()\:A-..~ \J'l ~ ~C:-t./~ 0 )
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
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