FY2006 03/15/2006
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
March 21,2006
TO:
Lynda Stuart, Office Manager
Tourist Development Council
ATTN:
Maxine Pacini
Administrative Assistant
FROM:
Pamela G. Han~
Deputy Clerk "-Y
At the March 15, 2006, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
IFunding Agreement between Monroe County and Performing Arts Centers of Key West,
Inc. covering the Tennessee Williams Theatre 2005-2006 Season for the production of Jazz in
Paradise: Key West-Boston Jazz Connection and Ann Hampton Callaway in Concert during
March 2006 in an amount not to exceed $7,000, FY 2006 Two Penny Cultural Umbrella
Resources.
Addendum to Agreement between Monroe County and Diversified Services of Key West,
Inc. to exercise option within the contract to extend agreement for an additional two (2) year
period to provide janitorial services at 1201 White Street, Suite 102, Key West.
TurnKey Events Agreement between Monroe County and Classic Sports Events, Inc.,
covering the Islamorada Classic Women's Basketball Tournament in an amount not to exceed
$40,000, DAC IV, FY 2006 Event Resources.
Destination Events Agreement between Monroe County and the Islamorada Chamber of
Commerce, Inc., for the production of the Florida Keys Holiday Festival on December 1-2, 2006
in an amount not to exceed $25,000, DAC IV, FY 2006 Event Resources.
Amendment to Interlocal Agreement between Monroe County and the City of Marathon
to extend the Community Park Phase III project to acquire land for the purposes of constructing
an aquatic center to September 30,2006.
Enclosed are two duplicate originals of each of the above-mentioned for your handling.
Should you have any questions please do not hesitate to contact this office.
cc: County Attorney
Finan?
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 Performing Art Center of Key West, 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 $7,000 (Seven Thousand Dollars) for
promotion and related expenditures effective February 1, 2006, as described in the event
budget, attached hereto as Exhibit B, for production of the Tennessee Williams Theatre
2005-2006 Season for the production of Jazz in Paradise: Key West-Boston and Ann
Hampton Callaway in Concert during March 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.
Tennessee Williams Theatre
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.
10. Logo: All promotional literature and advertising must display the "The Florida
Keys & Key West, Monroe County Tourist Development Council, Come as You Are",
Tennessee Williams Theatre
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
* $1,000,000.00 per Occurrence
* $100,000.00 Property Damage
Tennessee Williams Theatre
Cultural Umbrella Funding FY 2006
3
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 party has caused this ~eement. to be executed
by itsdlily authorized representative, the I Sdc.. day of ~ 2006.
(SEAL)
Attest: Danny L. Kolhage, Clerk
Board of County Commissioners
of Monroe Co ty
a~
eputy Clerk
(CORPORATE SEAL)
Performing Arts Centers of Key
West, Inc.
Attest:
Secretary
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Tennessee Williams Theatre
Cultural Umbrella Funding FY 2006
4
EXHIBIT A
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
CULTURAL~BRELLA
SCHEDULE OF EVENTS
FISCAL YEAR 2006
EVENT NAME: Tennessee Williams Theatre 2005-2006 Season
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 Tennessee Williams Theatre season this year begins January 2006 and runs through
June 2006. Dates are provided based on current negotiations. Other events may be
added throughout season.
The TW Theatre season will include events such as-
March 2006---Jazz in Paradise: key West-Boston Jazz Connection (TW Theatre Grand Foyer)
March 2006---Ann Hampton Callaway in Concert (TW Theatre Grand Foyer)
IF FUNDED, EXHillITS A AND B WILL BECOME PART OF YOUR CONTRACT AND
TRANSMITTED TO THE OFFICE OF THE CLERK OF THE COURT.
EXHIBIT B
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
CULTURAL UMBRELLA EVENT FUNDS
BUDGET BREAKDOWN
OF TDC REQUEST
FISCAL YEAR 2006
EVENT NAME: Tennessee Williams Theatre 2005-2006 Season
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."
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MCTG-3125 New 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 J~{'-{ (N4. M..n C~7\::~
Name of Entity:
Name ofEvent:~i\-I~t GJ( LL(f47i \. '11A~<= :JDor- - 2 006 S~
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
Not Approved
Signature of Contractor:
Risk Management:
Date:
{- d.&DS
County Administrator Appeal:
Approved
Not Approved
Date:
Board of County Commissioners Appeal:
Approved
Not Approved
Meeting Date:
Administration Instruction
#4709.2