FY2006 10/19/2005 Agreementclelidne
Court Danny L. Kolhage
Phone: 296 -3130 Fax: 296 -3663
J I /
To: Lynda Stuart, Q}f°'ice Manager
Tourist Development Council
Attn: Maxine Pacini
From: Isabel C. Desantis, •
Deputy Clerk
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
THJS 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 Tennessee WHliams Fine Arts Center Founders 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 $21,000 (Twenty One 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 Founders Society 26th Season
between December 2005 and April 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
Hne 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
reJations services or supervision of advertising and pubJic reJations wiIJ 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 fiscaJ year ends September 30, 2006. Event sponsor aJso 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 effectiveJy 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 wHl Event
Sponsor's vendors be paid directly for any invoices received by the County after September
30,2006.
Founders Society 2t1h Season
Cultural UmbreHa Funding FY 2006
1
3. Event Sponsor shaU 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 shaJ/ 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 foJ/owing
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.
Founders Society 2t1h Season
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.
AIl 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)
Founders Society 2tJh Season
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 equaJ 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 WJTNESS WHEREOF, each f?~~ has caused th1~ement to be executed by its
duly authorized representative, the l '-t <..:.- day of Or . 2005.
(SEAL)
Attest: Danny LKolhage, Clerk
~;r~
DeJ1Uty Clerk. ..
Board of County Commissioners
of Monroe County
"1:(.; >n I ~ku
a or/Chairman
(CORPORATE SEAL)
Tennessee WiJliams Fine Arts Center
Found Society, Inc.
Attest:
By.
Secretary
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Founders Society 26h Season
Cultural Umbrella Funding FY 2006
4
D.
EXHIBIT A
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
CULTURAL UMBRELLA
SCHEDULE OF EVENTS
FISCAL YEAR 2006
EVENT NAME: Founders Society 26th Season of Performing Arts
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 Key West "Nutcracker" (World Premiere)
Dec. 15 - 18, 2005
Broadway Superstar:
Patti Lupone in Concert
"Coulda, Woulda, Shoulda" Concert as
Presented at Carnegie Hall
January 2006
Michael Feinstein in Concert
February 2006
Kinsey Sicks in Concert
March 2006
Cabaret Performances at La Te Dais Crystal Room
Winter/Spring, 2006
Paul DePoo and Friends Concert
Winter/Spring, 2006
Barbara Cook in Concert
April 2006
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 2005
EVENT NJJl1tE:FOUNDERS SOCIETY 26th SEASON
MEDIA ADVERTISING $ 17,000
BROCHURES, POSTERS, PROGRJ $ 2,000
DIRECT MAIL & POSTAGE $
PHOTO PROGRAM $
PUBLIC RELATIONS $
PROMOTIONAL ITEMS $
(T-SHIRTS, CAPS, JACKETS,ETC.)
MISCElLANEOUS* $ 2,000
TOTAL: $ 21,000
*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
"SPONSORED IN PART BY THE FLORIDA KEYS AND KEY WEST, MONROE COUNTY TOURIS
DEVELOPMENT COUNCIL."
IF FUNDED, EXHIBITS A AND B WILL BECOME PART OF YOUR CONTRACT AND TRANSMITTE
OFFICE OF THE CLERK OF THE COURT.
T~[ fLORIDA K[YS & K[Y W[ST
MONROf COUNTY TOURIST OmWPMfHT COUNCil
Come as you are@
TU[ fLORIDA K[YS & K[Y W[ST
MONRO[ COUNTY TOURIST OWUOPM[NT COUNCil
Come as you are@
T~[ fLORIDA K[YS & KEY W[ST
MONROf COUNTY TOURIST OmLOPM[NT COUNCIL
Come as you are@
T~[ fLORIDA K[YS & KEY W[ST
HONRO[ COUNlYTOURIST OmLOPM[NT COUNCil
Come as you are@
T~[ fLORIDA K[YS & KEY W[ST
MONRO[ COUNTY TOURIST OWUOPM[NT COUNCIl
Come as you are@
TU[ fLORIDA K[YS & K[Y W[ST
MONRO[ COUNTY TOURIST OWUOPH[Hl COUNCil
Come as you are@
T~[ [LORIDA K[YS & K[Y W[ST T~[ [LORIDA K[YS & K[Y W[ST T~[ [LORIDA K[YS & KH W[ST
MONRO[ COUNTY TOURIST O[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@
T~[ nORIDA K[YS & K[Y W[ST TH[ [LORIDA K[YS & KU W[ST T~[ [LORIDA KHS & K[Y W[ST
MONRO[ COUNTY TOURIST O[V[LOPM[NT COUNCIL MONRO[ COUNTY TOURIST D[V[LOPM[NT COUNCIL MONRO[ COUNTY TOURIST O[V[LOPM[NT COUNCIL
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MONROf COUNTY TOURIST OfVHOPMfNT COUNCIl MONROf COUNTY TOURIST OfVfLOPMfNT COUNCIL MONROf COUNTY TOURIST OfVHOPMfNT COUNCIL
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MONROf COUNTY TOURIST OfVHOPMfNT COUNCIL MONROf COUNTY TOURIST OfVfLQPMfNT COUNCIL MONROf COUNTY TOURIST OfVHOPMfNT COUNCil
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THf [lORIDA KfYS & KfY WfST
MONROf COUNTY TOURIST DfVnOPMfNT COUNCIL
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TUf nORIDA KfYS & KfY WfST
MONROf COUNTY TOURIST DfVnOPMfNT COUNCIL
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THf nORIDA KfYS & KfY WfST
MONROf COUNTY TOURIST DfVHOPMfNT COUNCIL
Come as you are@
THf [lORIDA KfYS & KfY WfST
MONROf COUNTY TOURIST DfVnOPMfNT COUNCIL
Come as you are@
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MONROE COUNTY, FLORIDA
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