05/16/2006DANNYL. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: May 22, 2006
TO: Lynda Stuart, Office Manager
Tourist Development Council
ATTN: Maxine Pacini
Administrative Assistant
FROM: Pamela G. Nan oc
Deputy Clerk
At the May 16, 2006, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
Amendment to Agreement with Key West Fishing Tournament, Inc. to revise dates of
Agreement.
TurnKey Agreement with the Greater Marathon Events Council, Inc. covering the Pro
Wakeboard Tour/Marathon, Florida Keys on November 3-5, 2006 in an amount not to exceed
$65,000, DAC III, FY 2006 Event Resources.
Agreement with Florida Keys Birding and Wildlife Festival, Inc. covering the Florida Keys
Birding and Wildlife Festival between September 2006 and October 2006 in an amount not to
exceed $5,150, FY 2006 Two Penny Cultural Umbrella Resources.
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
Finance
File✓
FUNDING AGREEMENT
THIS AGREEMENT is made and entered into by and between the Board of County
Commissioners of Monroe County, Florida, a political subdivision of the state of Florida, ("County")
and Florida Keys Birding and Wildlife Festival, Inc., a Florida corporation ("Event Sponsor").
WHEREAS, the umbrella organization under contract to the County has recommended to
the Monroe County Tourist Development Council ("TDG"), which has endorsed the
recommendation, that certain monies be allocated for promotion of an event by Event Sponsor;
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
1. Amount: County shall pay a sum not to exceed $5,150.00 (Five Thousand, One
Hundred and Fifty Dollars) for promotion and related expenditures, as described in the event
budget, attached hereto as Exhibit B, for production of the Florida Keys Birding and Wildlife
Festival between September, 2006, and October, 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 using 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. Duties of Event Sponsor: 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.
3. Invoicinq: The contracted agencies of record shall receive payment of work in
progress upon submission of documented invoices associated with the 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, 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.
Florida Keys Birding and Wildlife Festival
Cultural Umbrella Funding FY 2006
3. Reimbursement to County: 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. Indemnification: 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. Records: 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. Termination: County may terminate this agreement without cause by providing
written notice to Event Sponsor, through its officer, agent, or representative, no less than sixty (60)
days prior to the event and may terminate for breach upon providing to Event Sponsor, through its
officer, agent or representative, notice at least seven (7) days prior to the effective date of the
termination. Notice is deemed received by Event Sponsor when hand delivered, delivered by
national courier with proof of delivery, or by U.S. mail upon verified receipt or upon the date of
refusal or non-acceptance of delivery.
7. Conflicts: 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. Non-Collusion: By signing below, 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 of Ordinance NO.1 0-1990 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. Public Entities Crimes: 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.
Florida Keys Birding and Wildlife Festival
Cultural Umbrella Funding FY 2006
2
10. Loqo Requirement: 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 shall quote, "Brought to you by the Monroe County Tourist Development
Council". No reimbursement or direct payment will be considered unless this logo/trade mark
or slogan 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)
*
Florida Keys Birding and Wildlife Festival
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.
ITNESS WHEREOF, each p<jl~has caused~reement to be executed by its
d representative, the IV ~ day of .2006.
Board of County Commissioners
of Monroe County
Mayo~!tmac
(CORPORATE SEAL)
Florida Keys Birdi&J ~d vfiJlif&r,
Festival, Inc. ~ ~ ; ::;:;
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Attest:
By.
By
Secretary
Print Name
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Print Name
OR TWO WITNESSES
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MONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
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SUSAN M. IMSLEY
ASSISTANT COUNTY ATTORNEY
'1- 1"1-06
Florida Keys Birding and Wildlife Festival
Cultural Umbrella Funding FY 2006
EXHIBIT A
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
CULTURAL UMBRELLA
SCHEDULE OF EVENTS
FISCAL YEAR 2006
EVENT NAME: Florida Kevs Birdina and Wildlife Festival
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.
September and October 2006
During event
. Provide a registration booth for event participants, free admission to Curry
Hammock State Park, Festival t-shirt and a raffle ticket, information and
directions to Festival events.
Friday
. Evening social and program with noted guest lecturer at the Marathon
Garden Club.
Saturday
. Host an environmental fair at the Curry Hammock State Park with vendors
and exhibits.
. Provide approximately 10 wildlife oriented field trips from Key Largo to the
Lower Florida Keys. Field trips will potentially include however, are not
limited to offshore for pelagic birds, National Key Deer Refuge, The Nature
Conservancy lands, Boot Key and Ohio Key for birding, Bahia Honda
State Park for butterflies, Curry Hammock State Park for birding, Crane
Point Hammock for birding and butterfly viewing, and kayak trips.
. Provide approximately 10 lectures and programs at the Marathon Garden
Club and/or Curry Hammock State Park on the natural resources of the
Florida Keys.
Sunday
. Host the Children's Day event at Curry Hammock State Park to educate
local school children about wildlife in the Florida Keys
EXHIBIT B
MONROE COUNTY TOUIST DEVELOPMENT COUNCIL
CULTURAL UMBRELLA EVENT FUNDS
BUDGET BREAKDOWN
FISCAL YEAR 2006
EVENT NAME: FLORIDA KEYS BIRDING AND WILDLIFE FESTIVAL
MEDIA ADVERTISING $ 3,700
BROCHURES, POSTERS, PROGRJ $ 500
DIRECT MAIL & POSTAGE $ 300
PHOTO PROGRAM $
PUBLIC RELATIONS
PROMOTIONAL ITEMS $
(T-SHIRTS, CAPS, JACKETS,ETC.)
MISCELLANEOUS. $ 650
TOTAL: $ 5,150
.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 PAlO ON A REIMBURSEMENT BASIS.
ALL PRINT AND TELEVISION MATERIALS MUST DISPLAY THE CURRENT Toe LOGO
ALL BROADCAST ADVERTISING PLACED OUTSIDE MONROE COUNTY MUST INCLUDE THE LIN
"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 1
OFFICE OF THE CLERK OF THE COURT.
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MCTG-8084 Logo Slick L01
1996 Edltloo
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 fl""~~ ~~ ~Ii-j,~ + i..J'\!\1f (4~.J ) I.....
Name of Entity: ~ ~ rg,;j.~ ~ W.'\..II,~ ~.J. (....c.
Name of Event: l=lt:.nJ..,.. \...""<(j~ ~I..J...:~.\- WiL.tI.~ {e~h;a.'
Contract for: Services
Address of Contractor:
c/o TOC Att: Maxine
Phone: 305-296-1552
Scope of Work: Advertising and Promotion
"
Reason for Waiver: Providing funds to promote event on1v.... Minimal exoosure to
county
PoUcies Waiver will
apply to: See Attached
Not Approved
Signature of Contractor:
Risk Management:
Date:
i- d.&05
County Administrator Appeal:
Approved
Not Approved
Date:
Board of County Commissioners Appeal:
Approved
Not Approved
Meeting Date:
Administration Instruction
#4709.2