Item E4
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: JUNE 21. 2006
Division:
TDC
Bulk Item: Y es ~ No
Department:
Staff Contact Person: Maxine Pacini
AGENDA ITEM WORDING:
Approval of an Amendment to Agreement with the Key West Players, Inc. to revise Exhibit A -
Schedule of Events.
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION:
BOCC approved original agreement at their meeting of October 19,2005'.
CONTRACT/AGREEMENT CHANGES:
Revision to Schedule of Events
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $21.000
BUDGETED: Yes........x.-- No
COST TO COUNTY: $21,000
SOURCE OF FUNDS:
TDC
REVENUE PRODUCING: Y es ~ No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty ~ OMB/Purchasing
Risk Management ~
DIVISION DIRECTOR APPROVAL:
./-
(Lynda Stuart)
DOCUMENTATION:
Included X
Not Required_~
DISPOSITION:
AGENDA ITEM #
Revised 2105
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #_
Et1ective Date: lO/1/05
Expiration Date:
Contract with: Key West Players Inc.
Contract Purpose/Description:
Approval of an Amendment to Agreement with the Key West Players, Inc. 10 revise
Exhibit A - Schedule of Events for the production of Key West Players dba Waterfront
Playhouse.
Contract Manager: Maxine Pacini
(Name)
3523
(Ex!. )
TDC # 3
(Department/SlOp #)
for BOCC meeting on
6/21/06
Agenda Deadline: 6/6/06
Total Dollar Value of Contract: $ 21,000
Budgeted? Yes~ No 0 Account Codes:
Grant: $
County Match: $
CONTRACT COSTS
Current Year Portion: $
115-75011-530340- T65C-023X-53041 0
115-75011-530340- T65C-023X-530480
- - -
............... - - - --------
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
Division Director
Risk Management
O.~.BJPurchasing
County Attorney
Comments:
~~~j
5l~ (),'
~
CONTRACT REVIEW
YesO Noe:(
YesONO~
Changes ,
Needed // ~f' ,;1/} R~, /
YesONo~ ~ !:,IL/', I
i ^ i\ ( \ r\ /',
l/' d, .. ! t . i '
L I \ ,,,. i J" , ' j
v ' ' \ \:" . j f E;2 I / /L
~\ 0 ""-w--"o.~.A~_, ,K#~
Y esO NoS-_.~~~.~
OMB Form Revised 2/27/01 MCP #2
ADDENDUM TO AGREEMENT
THIS ADDENDUM to agreement dated the day of 2006, is entered into by and
between the Board of County Commissioners for Monroe County, on behalf of the Tourist Development
Council, and Key West Players, Inc.
WHEREAS, there was an agreement entered into on October 19, 2005, between the parties,
awarding $21,000 to the Key West Players, Inc. for the production of the Key West Players dba
Waterfront Playhouse between October 1, 2005 and September 30, 2006; and
WHEREAS, it has become necessary to revise Exhibit A - Schedule of Events; and
NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties
agree to the amended agreement as follows:
1.
Exhibit A of the Agreement dated October 19, 2005 shall be revised, and attached hereto.
2.
effect.
The remaining provisions of the contract dated October 19, 2005 remain in full force and
IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first
above written.
(SEAL)
ATTEST:
(SEAL)
Attest: Danny L. Kolhage, Clerk
Board of County Commissioners
of Monroe County
Deputy Clerk
Mayor/Chairman
(CORPORATE SEAL)
Attest:
Key West Players, Jnc.
By.
Secretary
By ~vr~..J
resident
HSNR-Y WOODS
Print Name
Print Name
OR
(1) Witness
Print Name
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
(2) Witness
Print Name
SUSAN M. GR,~ LEY
ASSISTANT COUNT ATTORNEY
s--/) -cJ.
c
D.
EXHIBIT A
MONROE COUNTY TOuRIST' OE'VELCNI!NT COUNCIL
CUL ruRAL UM8IU!U..A
SCtEDUl.J! OF IM9fTS
FISCAL YEAR 2001.
EVENT NAME: t<~ Wast Plawra ... h Waterfront ~tQlA
(
list sdleduJed event ac::ttvItieI in d:IItlIi om.. If~ i& incb:ted" indIeat8 tho 0VMt
dGteIl 01.... next ~~ If fl1ttdecl AJAda __ be .."butSed only far ... pIOI'f1Otion af 8WlnI
~ DlrDed hcIra. i <
SHOWS UNO&R CONSIDERATrON (final sel6diona and ~er pending)
I .
snow #1 - The Graduate
Shaw #2 ~ Lettice and Lovage
Show *3 w NClked Boys S'nging
Show #4 - Mother'S Gift (fanner title was Coming Home - playwright
, changed title)
ShOw #5- Th@ Glass Menagerie
PRE-sEASON
~ber 1-.3 2005 . i
. I
I
Oec:omber 20. 2006 - January H', ~ooe
< i
!
Januety ZfJ .... F'eOI\Iary 18. 200e' .
j
i
Man;h 7 - April 1. 200tJ . !
Show a,
snow ft.
Show M3
Show iN
Shew .5
Apnl IS - Ap1i11S. 2008
May 3 - May 27, 2008
!
I
IF J:UNOED,. EXHfBfTS A ~ 9 WJt.L BeCOMe PART OF YOUR c~ AND ~ TO T7-4S
OFFCE OF Tl-lE ClERK OF mE COUItT.
~ ~TOfJrftIt~""'~CuIIhnIJ ~~.-.
~<,
i
t
FUNDING AGRE~MEN..r
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 Key West Players, fnc. (Hereinafter referred to as "Event Sponsor");
WHEREAS, the umbrella organization under contract to the County has recommended
to the Monroe County Tourist Development CounciJ (hereinafter "TDC"'), which has endorsed
the recommendation, that certain monies be affocated 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 Doffars)
for promotion and related expenditures effective October 1. 2005, as described in the event
budget, attached hereto as Exhibit B, for Production of the Key West Players dba Waterfront
Playhouse between October 1, 2005 and September 30, 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 doUar amount and without requiring a written
amendment to this agreement. The general non-aJlocated section of an Umbrella event budget
may be utifized for unforeseen permissible expenditures and for those budget Hnes 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
Sponsors application for funding, Exhibit A, attached hereto. All advertising and public
relations services or supervision of advertising and public relations wiff be provided through
the contracted agencies of the TOe and County. The agencies of record, shalf 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
3D, 2006 aU 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.
The Key West Players dba Waterfront PlayhouSiJ
Cultural Umbrella Funding FY 2008
3. Event Sponsor shaff 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 aU claims for bodify 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 LiabHity
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 shalf 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 hislherlits behalf any former County officer or employee in violation of Section 2 or
Ordinance No. 1 ~ 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 fiabiJity 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".
The Key West Players dba Waterfront Playhouse
Cultural Umbreffa Funding FY 2006
2
logoltrade mark adopted by the TOC and County on November, 2000 (as per attached).
Radio Advertising should read uSrought to you by the Monroe County Tourist Development
Council.. No reimbursement or direct payment will be considered unless this logoltrade 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
specjfied 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 aU insurance policies required by this contract shall be filed with the
Clerk of the sace 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 shaff 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 uAdditional Insured. on aU 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 shalf 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 Liabifity
.. Personal Injury Liability
.. Expanded Definition of Property Damage
The minimum limits acceptable she" be:
.. $1,000,000.00 combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shaH be:
.. $500,000.00 per person
The Key West Players dba Waterfront Playhouse
Cultural Umbrella Funding FY 2006
3
*
$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 incJude 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 Contractors 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 pa~ has caused thjsAgreement to be executed by its
duly alJt']ori,zed representative, the ) q - day of Oc*b bif . 2005.
., '~<:.'>.
(SEAL)
Attest Danny L. Kolhage, Clerk
Board of County Commissioners
of Monroe County
~i# >n ~aV
Mayor/Chairman
. . . .
........~okf.Cl.. &J~
. DeputyClerk
(CORPORATE SEAL)
Attest:
Key West Players, Inc.
By.
Secretary
~~-
By
Preside t
OR
Witness
ZAN,~ .. HUTTON
lSTANf v%,TJ.l.TJfRNEY
J/ '10~
The Key West Players dba Waterfront Playhouse
Cultural Umbrella Funding FY 2006
4
(
D.
EXHIBIT A
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
CULTURAL UMBRELLA
SCHEDULE OF EVENTS
FISCAL YEAR 2006
EVENT NAME: Kev West Plavers at the Waterfront Playhouse
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 fisted here.
SHOWS UNDER CONSIDERATION (final selections and order pending)
The Ritz
Dinner with Friends
Assassins
The Beauty Queen of Lenane
Blood Brothers
Twelve Angry Men
Coming Home
The Glass Menagerie
The Graduate
Gross Indecency
The Boy Who Cried Elvis
My Night With Reg
Conched
PRE-8EASON
December 1-3 2005
Show #1
December 20. 2005 - January 14, 2006
January 26 - February 18, 2006
March 7 - April 1, 2006
AprilS - April 15, 2006
May 3 - May 27,2006
Show #2
Show #3
Show #4
Show #5
IF FUNDED, EXHIBITS A AND 8 WILL BECOME PART OF YOUR CONTRACT AND TRANSMITTED TO THE
OFFICE OF THE CLERK OF THE COURT.
MonlO8 County Tourist Development Council Cuttural Umbrella Application
Page: 5
MONROE COUNTY TOUIST DEVELOPMENT COUNCIL
CULTURAL UMBRELLA EVENT FUNDS
BUDGET BREAKDOWN
FISCAL YEAR 2005
EVENT NAME:
KEY WEST PLAYERS AT THE WATERFRONT PLAYHOUSE
MEDIA ADVERTISING $ 18,000
BROCHURES, POSTERS, PROGRAMS $ 2,500
DIRECT MAIL & POSTAGE
PHOTO PROGRAM
PUBLIC RELATIONS $
PROMOTIONAL ITEMS
(T~SHIRTS, CAPS, JACKETS,ETC,)
MISCELLANEOUS. $ 500
TOTAL: $ 21,000
"MISCELLANEOUS MAY NOT EXCEED 15% OF THE ABOVE BUDGET
ACTUAL EXPENDITURES MAY DEV'A TE NO MORE THAN 10% FROM THIS BUDGET.
THE MAXIMUM REaUEST IS $25.000.00.
FUNDS ARE PAID ON A REIMBURSEMENT BASIS.
ALL PRINT AND TELEVISION MATERIALS MUST DISPLAY THE CURRENT TOC LOGO
ALL BROADCAST ADVERTISING PLACED OUTSIDE MONROE COUNTY MUST INCLUDe THE UNE
"SPONSORED IN PART BY THE FLORIDA KEYS AND KEY WEST, MONROE COUNTY TOURIST
DEVELOPMENT COUNCIL"
iF FUNDED, EXHIBITS A AND 8 WILL BECOME PART OF YOUR CONTRACT AND TRANSMITTED TO THE
OFFICE OF THE CLERK OF THE COURT.
EXHIBIT B
ruf ELDRIDA IffS & IH WfST
MONROE (OUm TOURIST DfVROPHm mUH(fL
Come as YOIl me
ruf ELDRIDA Ins & In WfST
MONROf wum roURIST DfVUOPMfNT WUNOl
Come as you are.
ruf [LDRIDA KfYS & I fY WfST
MONROE mum TOURIST DfVROPMOlT WUNOl
Come as you aree
ru{ [LDRIDA Kns & KlY WfST
MOHRO[ mum 1OU21)T DfVUOPHrn COUNCil
Come as you arcll
JUf [LORIOAlns & KfYWfST
MONROE mum TOURlST OrvuoPHOlT WUNOt
Come as yoll are.
JUf ElDRIDA KfYS & In weST
MOHROf COUHTYTOURlST DfVUOPHfHTCOUHOl
Come as you are</!
THr ELDRIDA KfYS & KEY wrST THE fLDRIDA KEYS & KEY WEST THE ELDRIDA KEYS & KEY WfST
HONROf COUNIV TOURIST OfVUOPMfHT COUIIOl MONROf COUNTY TOURI')T D[V[LOPHOO COllNOl HOHRO[ (OUlHY TOURIST DfVfLOPMOO COUNClt
Come as you a:ce<ll Come as you aree Come as you arei'll
THf fLDRIDA KEYS & KEY wrST THr fLDRIDA KEYS & KfY WfST THE ELDRIDA KEYS & KEY wrST
MonROf COUNTYTOURISTDlVHOPHfNT mUNOl MONROE COUNTY TOURIST D[V[LOPMOO COUNCIL MONRO[ COUNTY TOURIST DfYUOPMOO COUNCIL
Come as you are$ Come as you arei'll Come as you arei'll
TU[ nORIDA KUS &KrY wm TU[ fLORIDA Km & KrY wm TU[ nORIDA KUS & KrY wm
MOt-mOf COUNTY TOURIST DfVUOPMDrr COVNm MONROf COUNTY TOURIST DfVHOPMfNT COUNm MONROf COUNTY TOURIST DfYfLOPMfNT COUNCIL
Come as you are@ Come as you are@ Come as you are@
TUHLORIDAKm&KrYwm TUHLORIDAKUS&Krywm TUHLORIDAKUS&KrYwm
MONROf COUNTY TOURIST DfVfLOPMfNT COUNCil MONROf COUNTY TOURIST DfYfLOPMfNT COUNCIl MONROf COUNTY TOURIST DfVnOPMfNT COUNCIl
Come as you are@ Come as you are@ Come as you are@
MJWRIDAKfYS &KfYWfST
MONROf COUNTY TOURIST D[VHOPMfNT COUNCIL
Come as YOll are@
MJWRIDA KfYS & KfY WfST
MONRO[ COUNTY TOURIST DfVnOPMfNT COUNCIL
Come as YOll are@
THf [lORIDA KfYS & KfY WfST
MONROf COUNTY TOURIST nrVHOPMfNT COUNCIL
Come as you are@
IHfJWRIDA KfYS & KfY WfST
MONRO[ COUNTY TOURIST DfvnOPMrNT COUNCIL
Come as YOll are@
MCTG-8084 Logo Slick LOl
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
Name of Entity:
KY'\..\. we'.. ( PUKf el8 I IN C .
Kfc'l..{ wEST P(/t'L( (fe-$; D~A ~'7l::Y-fe-eNT full...f(-( CJlASE
Name of Event:
Contract for: Services
Address of Contractor:
c/o TDC Att: Maxine
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 wiU
apply to: See Attached
Signature of Contractor:
Not Approved
AP\31
Risk Management: -
Date:
"7 ~ ~S-OS
County Administrator Appeal:
Approved
Xot Approved
Date:
Board of County Commissioners Appeal:
Approved
;'Iiot Approved
\-feeting Date:
Administration Instruction
#4709.2