Item D1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: APRIL 17/18. 2002
Division:
TDC
Bulk Item: Yes ~ No
Department:
AGENDA ITEM WORDING:
Approval of Amendment to Agreement with The Key West Pops, Inc to change
funding allocation and event dates.
ITEM BACKGROUND:
It has become necessary for The Key West Pops to cancel three of their
originally scheduled events.
TOC approved same at their meeting of April 3, 2002.
PREVIOUS REVELANT BOCC ACTION:
SOCC approved original Agreement at their meeting of October 18, 2001.
CONTRACT/AGREEMENT CHANGES:
Amendment to Agreement
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $10.000 (After approval of Amendment) BUDGETED: Yes ----X- No
COST TO COUNTY: ,$10.000ITOURIST PAY
REVENUE PRODUCING: Yes~ No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty ----X- OMB/Purchasing ~
Risk Management X
DIVISION DIRECTOR APPROVAL:
~
(Lynda Stuart)
DOCUMENTATION:
Included X
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM #::2) /
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: The Key West Pops Inc. Contract #
Effective Date:
Expiration Date:
Contract Purpose/Description:
Approval of Amendment to Agreement with The Key West Pops, Inc
to change funding allocation and event dates.
Contract Manager: Maxine Pacini
(Name)
3523
(Ext. )
TDC # 3
(Department/Stop #)
for BOCC meeting on
4/17-18/02
Agenda Deadline: 4/3/02
CONTRACT COSTS
Total Dollar Value of Contract: $ $10,000 Current Year Portion: $
Budgeted? Yes[8J No D Account Codes: 115-75022-530340-T25C-421X-53041O
Grant: $ 115-75022-530340-T25C-421X-530480
County Match: $ _-_-_-_
- - -
----
Estimated Ongoing Costs: $
(Not included in dollar value above)
ADDITIONAL COSTS
Iyr For:
(eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed ~e_
Division Director p~J'lp"2--- YesD NoW, . -"
Risk Management 3--IC(-O:f..- YesD No~ C;() . .
'.
O.M.B.lPurchaJlini?\-z...o!o'Z-- YesD NoQ----: ~ D
County Attorney s I J '1-'/ Pq- YesD NoB-::: S.Hutton
Date Out
Comments:
OMB Form Revised 2/27/01 Mep #2
AMENDMENT TO AGREEMENT
THIS ADDENDUM to agreement is made and entered into this
day of 2002, between the County of Monroe and The Key West Pops, Inc.
WHEREAS, there was a contract entered into on October 18, 2001, between the
parties, awarding $20,000 to The Key West Pops, Inc. for the production of The Key
West Pops Orchestra on October 7,2001, December 17, 2001, January 26,2002,
March 3, 2002, June 30, 2002 and July 4, 2002; and
WHEREAS, it has become necessary to revise the funding allocation and dates
of event;
NOW, THEREFORE, in consideration of the mutual covenants contained herein
the parties agree to the amended agreement as follows:
1. The first sentence of Paragraph 1 of the Agreement shall read:
"County shall pay a sum not to exceed $10,000 (Ten Thousand Dollars) for
promotion and related expenditures effective October 1, 2001, for production of
the Key West Pops Orchestra on October 7,2001, December 17th, 2001 and
March 3, 2002."
2. Ehibits A and B shall be amended to reflect a prorata reduction of the line items
in Exhibit A and to delete the concerts deleted by the change in paragraph 1.
3. The remaining provisions of the contract dated October 18, 2001, not
inconsistent herewith shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have set their hands and seal on the day and
year first above written.
(SEAL)
Attest:
The Key West Pops, Inc.
By
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairman
The
. Key West
l'
Orchestra
Vincent P. Zito
Artistic Director / Conductor
IBCBIVBD FfB 2" S 2Tlal
P.O. Box 6206 · Key West, FL33041 · 305.293.7658 . Email: keywestpops@bellsouth.net
February 26, 2002
Monica Haskell
Director
Florida Keys Council of the Arts
1111 Simonton St.
Key West, FL 33040
Dear Monica,
The Key West Pops has made some changes to its concert schedule. Out of the
six concerts scheduled for this year, we will only be having three. We had the concert on
October 7th to benefit the Gay and Lesbian Community Center, the concert on December
17th to benefit the Founders Society, and the concert on March 3, 2002. The January
23rd, June 30th and July 4th concerts have all been cancelled for this season.
We understand that this schedule change affects our grant status and would like
to request an amendment to our contract to reflect the changes. The amendment would
request half of the monies granted for six concerts ($20,000) or $10,000 for this fiscal
year.
We have not submitted any forms to SOCC for reimbursement and need to do so
at the earliest date. We have paid all vendors out of our funds and the total cost is very
close to $10,000 at this time.
We will send you an itemized list of expenses shortly after the March 3rd concert
of all TDC related advertising and marketing items for your review.
Thank you for your consideration on our behalf.
Sincerely, A
!f:::?:;~
General Manager
George Fernandez
President
Cc: Maxine Pacini, TDC Office, Key West
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 The Key West Pops, 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;
THEREFORE; in consideration of the mutual promises contained herein, the parties
agree as follows:
1. County shall pay a sum not to exceed $20,000 (Twenty Thousand Dollars) for
promotion and related expenditures effective October 1, 2001, as described in the event
budget, attached hereto as Exhibit A, ,for production of The Key West Pops Orchestra on
October 7,2001, December 17,2001, January 26,2002, March 3, 2002, June 30, 2002 and
July 4, 2002. 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 dol,lar 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 B, attached hereto. All advertising and public
relations services or supervision of advertising and public relations will be provided through the
n - - ----- -Gontr-acted- agencies-Qf-tJ::Je-TDC-and- Gounty-.--+Re--ageAGies--Gf-Feeofd,-shal~ 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, 2002. 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, 2002 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
Key West Pops
Cultural Umbrella Funding FY 2002
'j\
Sponsor's vendors be paid directly for any invoices received by the County after September
30, 2002, except that for events with promotional expenditures incurred between July 1 and
September 30, 2002, invoices must be submitted within ninety (90) days of the conclusion of
the event.
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,
Key West Pops
Cultural Umbrella Funding FY 2002
2
. ,
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. LOQo: 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). No
reimbursement or direct payment will be considered unless this logo/trade mark is utilized.
Board of County Commissioners
of Monroe County
~~,e ~~
.O~ May h an.
-
(CORPORATE SEAL)
The Key West Pops, Inc.
Attest:
-- --- _____ ---I?Y,
Secretary
. ....... ....... ......... ._. aY.~~~~+
OR
tAU4u-- ~... ..~
Witness .. _
Key West Pops
Cultural Umbrella Funding FY 2002
3
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EXHIBIT A
TOURIST DEVELOPMENT COUNCIL
CULTURAL UMBRELLA
APPROVED
BUDGET BREAKDOWN
FISCAL YEAR 2001/2002
EVENT NAME:
THE KEY WEST POPS
DIRECT MAIL & POSTAGE $ 2,000
BROCHURES, POSTERS, PROGRAMS $ 1,500
PUBLIC RELATIONS $ 500
PHOTO PROGRAM $ 1,500
MEDIA ADVERTISING $ 11,500
T-SHIRTS, CAPS, JACKETS
*GENERAL - NON-ALLoeATED $ 3,000
TOTAL: $ 20,000
* GENERAL NON-ALLOCATED IS NOT TO EXCEED 15% OF THE AMOUNT A WARDED
BY THE MONROE eOUNTY TOURIST DEVELOPMENT eOUNCIL FOR THIS SPEeIFIe EVENT.
*MAXlMUM REQUEST eAP = $25,000.00
EXHIBIT B
MONROE COUNTY
TOURIST DEVELOPMENT COUNCIL
CUL rURAL UMBRELLA
SCHEDULE OF EVENTS
FISCAL YEAR 2001/2002
NAME OF EVENT:
The Kev West PODS Orchestra
Please list all scheduled activities in date and time order:
All Concerts start at 7:30 PM
Scheduled concerts for 2001-2002
(Julv 1. 2001
Kev West Theatre Festival (Broadwav Divas)
TDC Funded Concerts 2001-2002 season
October 7.2001
December 17.2001
Januarv 26. 2001
March 3. 2001
June 30. 2002
Julv 4. 2002
. Gavand Lesbian Community Center (Music from the movies}
. Founders Society ("An Evenina with Jerrv Herman")
San Carlos Institute ("Maria La 0")
TBA. with the Kevs Chorale (ODera Concert)
Kev West Theatre Festival (Broadwav Divas)
Kev West PODS Patriotic Concert (Patriotic)
*If pre-promotion is to be considered indicate the dates of the next season