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Item D6 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: MAY 16. 2006 Division: TDC Bulk Item: Yes X No Department: Staff Contact Person: Maxine Pacini AGENDA ITEM WORDING: Approval of an Agreement with Florida Keys Birding and Wildlite 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. ITEM BACKGROUND: TDC approved same at their meeting of July 12, 2005 PREVIOUS RELEVANT ROCC ACTION: CONTRACT/AGREEMENT CHANGES: New Contract STAFF RECOMMENDATIONS: Approval TOTAL COST: $5.150 BUDGETED: Yes -L No COST TO COUNTY: $5.150 SOURCE OF FUNDS: TDe REVENUE PRODUCING: Yes --X- No AMOUNT PER MONTH_ Year APPROVED BY: County Atty ~ OMB/Purchasing-L DIVISION DIRECTOR APPROVAL: Risk Management l_ DOCUMENTATION: Included X Not Required~_ DISPOSITIO~r. ,,-GENDA ITEM # Rev: - MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Florida Keys Birding and Wildlife Festival, lne. Contract #_ Effective Date: 511 6/06 Expiration Date: Contract Purpose/Description: Approval of an Agreement with Florida Kevs Birding and Wildlife Festival. Inc. covering the Florida Kevs Birdinf.!: and Wildlife Festival between September 2006 and October 2006 in an amount not to exceed $5,150. FY 7006 Two Pennv Cultural Umbrella Resources. Contract Manager: Maxine Pacini (Name) 3523 (Ext. ) TDC # 3 (Department/Stop #) for BOCC meeting on 5/16/06 Agenda Deadline: 5/2/06 CONTRACT COSTS Total Dollar Value of Contract: $ 5,150 Budgeted? Yesrg] No 0 Account Codes: Grant: $ County Match: $ Current Year Portion: $ 115-75011-530340-T65C-419X-53041O 115-750 11-530340-T65C-4] 9X-530480 ADDITIONAL COSTS Estimated Ongoing Costs: $-"'yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) - - - - ~ ~ ~ ----.-....... ~ CONTRACT REVIEW Division Director Changes ~;\' );Ii. . Needed .. j J;Jl/t/Jr YesD N:tr If Lf.,AS-oJo YesD Noi:2r ~~ / YesO No~ ~I 1 ~6 Y r--1 N eSLJ 1 '0 'f Risk Managemem ~ O.M.B./Purchasing County AtLOrney Comments: OMB Fonn Revised 2/27/01 MCP #2 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, rCounty") and Florida Keys Birding and Wildlife Festival, Inc., a Florida corporation ("Event Sponsor"). WHEREAS, the umbrelfa organization under contract to the County has recommended to the Monroe County Tourist Development Council ("TDC"), 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 Dolfars) for promotion and related expenditures, as described in the event budget, attached hereto as Exhibit a, 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. Invoicina: 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 al/ 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 alf 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. 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. 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. Looo 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 TOC 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 utifized. 11. Insurance Requirements: Event Sponsor, as a pre-requisite of the Special Event governed by this agreement, shalf 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 BDCC 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 ,OOO,QOO.OO 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. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative, the day of --l. 2006. (SEAL) Attest: Danny L. Kolhage, Clerk Board of County Commissioners of Monroe County Deputy Clerk Mayor/Chairman (CORPORATE SEAL) Florida Keys Birding and Wildlife Festival, Inc. Attest: By. Secretary By fu~~ President f Print Name Ue:lnha L It>id Print Name OR TWO WITNESSES (1 ." )",. , ;-. "- ,.a ',~ ~- ".,.1' ~ ~'"", Print Name \. t -, " , 1::1 V.' , ! (2) ";::~S;~ \.13 ,Q z~ - / ''-..~ -:r (\ \^.-> ('.1 W. \3 \.\\ Print Name 4 MONROE COUNTY ATTORNEY APPROVED AS TO FORM: ~'~uJr~~, ASSISTANT COUNTY ATTORNEY )/ /'^'" _/ 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 Birdinq 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 CUL TURAL UMBRELLA EVENT FUNDS BUDGET BREAKDOWN FISCAL YEAR 2006 EVENT NAME; FLORIDA KEYS BIRDING AND WILDLIFE FE~TlVAL MEDIA ADVERTISING $ 3,700 BROCHURES, POSTERS, PROGRJ $ 500 DIRECT MAIL & POSTAGE $ 300 PHOTO PROGRAM $ PUBLIC RELA TrONS 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 1$ $25.000.00. FUNDS ARE PAJD ON A REIMBURSEMENT BASIS. ALL PRINT ANO TELEVISION MATERIALS MUST OISPLAY THE CURRENT TOC LOGO ALL BROADCAST ADVERTISING PLACEO OUTSIOE MONROE COUNTY MUST INCLUDE THE LIN "SPONSORED IN PART BY THE FLORIDA KEYS ANO KEY WEST, MONRoe COUNTY TOURIST DEVELOPMENT COUNCIL. . iF FUNDED, EXHIBITS A AND 8 WILL BECOME PART OF YOUR CONTRACT AND TRANSMITTED 1 OFFICE OF THE CLERK OF THE COURT. THf [LORfDA KUllKfLWfST l1(lHRO( (OWQY TOtlIlST K\1lDPHOft' (0tl1Kl Come ;as you uc- IHLfLORfDA KUllKll.Will MO_ COlJHJYTOUIlST DOOOPHOO COlllKl Come u you .uc- THIJLORIDA KUllKUWill MOHiO( COOHlYTOURfSl ~ (OUlKI Come u you ,UC. HI[ [WRfOAKfYS &[tWill MO_ (0tlHJY1DltIISlllMlDlHOl (OUJQ. Come a you arc- M[LORIOA.KUllKI1.wm HOHIO((oumTOUW~(OOfQ. Come u you arc- IHl[WRIOA KUllKtlwm HOHIO{ (0UNlY TaIllS!!lt'YIlOPHOO COlJJQ. Come a you uc- mr [lORIDA KID1KftWfSJ fIjf[LORIDA Krn..urv Will UlIflORIDAKlliHflWID MONRO( (oom TOUtfST DMI.OPHOO' COUHCIl MOHIlO{ COUNTY mUIIST OOUOPHoo (ooHOl. MOHRO{ COIlmTOUIIST omrol'HOO coun Come .u you arc- Come as you arc- Come as you arc- mr flORIDA Klli..&KlY WfSJ fljfflORIDA Km.&KflWfSJ UlIflORIDA Km.&KftWfST MONRO{ COUHTYTOURIST DMlDI'HOO CDUHal HOHROE mum TOURIST DlVtlDPHOO COHn MOHROf COUHrfTOURlST DOOOPHOO COUIK/t Come as you ,uc:- Come as you arc- Come as you arc- IH([WRIDA KfYS & KITWm THffLORIDA Keys & KflWill THffWRIDA Ke ys & KITW15 HONlIOf (OUNlYlOUIll5T DMlDPI/lNT COUNOf. HONIIOf COIlNlY lOURlST IlOOOPHDIr WUNOt HONI/O[ CllUNlYlOURIST DMlDPHDIr WUHG Come as you arcS Come as you an:S Come as you "",s !H[fLORIDA Keys &KflWill THffLORIDA Keys &KftWm !H[fWRIDA 1m & KftW15. HOHI/O[ WUHTY TOURIST DfVIl.O/MfHr [OlINOf. HONI/O[ WUHTY TOURIST IlmtOI'lfOO WUNat HONI/O[ [0lJHJY roUIll5T OOODPHOO CllUNa[ Come as you arc- Come as you an:s Come as you arcs THfJWRIDA KEYS & KftWill MOHROf(OUHTYTOU~STDrvfLOPH[NT(OUN(U Come as you are~ lllffLORIDA KeyS & KftWill MONROf COUNTY TOURIST DfVfWPHfHT COUNO[ Come as you are@ fHffLORIDA KHS & KftWN MONROf (OUNTY TOVRIST DfVnOPMfHT COUNO[ Come as you are$ lllffWRIDA KH5 &KftWill MONRDr(OUNTYTOU~5TDfVfLOPMfNT(OUNaL Come as you are@> MCTG-80B4 I ('Inn ~Ii...l.- I n-t 19% [dldo. 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 f\o~~ ~c; ~lrJI~ + ~,'J.\1f (4~J ) NameoCEndty: ~ ~~. ~.;l,~ ~ w.'(.JI.~ ~.JI (Ld,c:. NameoCEvent: f"~n~~.s; ~lrJ.~ +- W;u'I.i-e ~-'h;a I Contract Cor. Services Address of Contractor. c/o TDC Art: Maxine Phone: 30S~296-1552 Scope of Work: Advertising and Promotion " Reason for Waiver: Providing funds to promote event only. . .. Minimal exposure to county PoUeies Waiver will apply to: See Attached. Signature ot Contractor: Not Approved Risk Management: Date: l ; d.S--b5 County Administrator Appeal: Approved 7"4ot Approved Date: Board of County Commissioners Appeal: Approved 7"4ot Approved ."Ieering Date: Administration Instruction #4709.2