Item D4
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: JUNE 18, 2008
Division:
TDC
Bulk Item: Yes ~ No
Department:
Staff Contact PersonlPhone #: Maxine Pacini
296-1552
AGENDA ITEM WORDING:
Approval of an Amendment to Agreement with Key West Council on the Arts to revise their Schedule
of Events "Exhibit A".
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION:
BOCC approved original Agreement at their meeting of October 17,2007
CONTRACT/AGREEMENT CHANGES:
Amendment to revise schedule
ST AFF RECOMMENDATIONS:
Approval
TOT AL COST:
$10,000
BUDGETED: Yes ~ No
COST TO COUNTY:
$10,000
SOURCE OF FUNDS:
TDC
REVENUE PRODUCING: Yes ~ No AMOUNT PER MONTH_ Year
APPROVED BY: County Ally ~ ~urchasing --X- Risk Management X
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 11/06
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with:
Key West Council on
The Arts
Contract #_
Effective Date:
Expiration Date:
TDC ID#: 353
10/1/07
12/31/08
Contract Purpose/Description:
Approval of an Amendment to Agreement with Key West Council on the Arts to revise
their Schedule of Events "Exhibit A".
Contract Manager: Maxine Pacini
(Name)
3523
(Ext.)
TDC # 3
(Department/Stop #)
for BOCC meeting on
6/18/08
Agenda Deadline: 6/3/08
CONTRACT COSTS
Total Dollar Value of Contract: $ 10,000
Budgeted? Yes[g/ No D Account Codes:
Grant: $
County Match: $
Current Year Portion: J.;J>
115-75022-530340- T85F-04l-X-530480
115-75022-530340- T85f-~ l-X-53041 0
- - -
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes Date Out
pate In Needed ~~r
Division Director 'JIIl/Ot' YesD No~
Risk Manag~ment~5/asa YesD NofJ' ," 5'dS--o(
f/J L,L ~~ Lj ~' /' r-k ---r:-=-- ~.. _ d
O.M.B.lPurchasmg ? /Lb'tf6, YesD Noll1 --I............. ,. ~ .~ 6100 Ot>
County Attorney # YesD No~.
Comments:
C. Hall
'S,
<(
OMB Form Revised 2/27/01 Mep #2
AMENDMENT (1st AMENDMENT) TO AGREEMENT
THIS AMENDMENT to agreement dated the_day of 2008, is entered into by and between
the Board of County Commissioners for Monroe County, Florida, a political subdivision of the state of
Florida ("County"), and Key West Council on the Arts ("Event Sponsor").
WHEREAS, there was a contract entered into on October 17, 2007 between the parties, awarding
$10,000 for the production of the Impromptu Concerts between January and September 2008; and
WHEREAS, it has become necessary to revise Exhibit A to reflect a change in scheduled
performances for the season;
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 17, 2007 and showing scheduled performances for
Impromptu Concerts, shall be revised, and attached hereto.
2. The remaining provisions of the contract dated October 17, 2007 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: Danny L. Kolhage, Clerk
Board of County Commissioners
of Monroe County
Deputy Clerk
Mayor/Chairman
(CORPORATE SEAL)
Attest:
Key West Council on the Arts
By.
By
Secretary
Print Name
fLGrrtf ^ t'3tnP!rrelL
Print Name
OR TWO WITNESSES
(1 )
(1 )
(2)
(2)
Print Name
Print Name
Amendment III
Impromptu Concerts
Contract #: 353
MONnOE COUNTY ATTORNEY
AP~o;;{t/3 F(lf~f)
c NTHIA L.~
ASSISTANT COUNTY ATTORNEY
Ijdte_______S-- {~ ,- 06
REVISED EXHIBIT A
MOROE COUNTY TOURIST DEVELOPMENT COUNCIL CULTURAL UMBRELLA
EVENT
SCHEDULE OF EVENTS
FISCAL YEAR 2008
Name of Event: Impromptu Concerts
To include the following shows between January 2008 and September 2008:
The Philadelphia Brass Quartet
The Jupiter String Quartet with clarinet
la Boheme: A Night at the Opera
Ji Youg, pianist (Impromptu Rising star Series)
String Orchestra of New York
Stanislaus Drzewiecki, pianist
There will also be some pre-promotion of the 2009 concert series. Pre-promotion will
consist of production and mail distribution of the 2009 brochure and subscription
form.
Amendment III
Impromptu Concerts
Contract #: 353
FUNDING AGREEMENT
THIS AGREEMENT is made and entered into by and between Monroe County, Florida, G
political subdivision of th~, ,state of Florid? ("County"), and Key West Council on the Arts
("Event Sponsor") on this ~day of () c+C~lli f- , 2007.
WHEREAS, the umbrella organization under contract to the County has recommended to the
Monroe County Tourist Development Council ('TDCIJ), 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 $10,000 (Ten Thousand
Dollars) effective October 17, 2007 for promotion and related expenditures, as described in the
event budget, attached hereto as Exhibit B, for production of the Impromptu Concerts between
January and September 2008. 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, 2008. 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, 2008, 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, 2008, except that for events with
promotional expenditures incurred between July 1 and September 30, 2008, invoices must be
submitted within ninety (90) days of the conclusion of the event.
Impromptu Concerts
Cultural Umbrella Funding FY 2008
Contract 10#. 353
4. 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.
5. 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.
6. Records: Event Sponsor shall maintain records pursuant to generally accepted
accounting principles for four (4) years after the event and shall permit County and its agents and
employees access to said records at reasonable times.
7. 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.
8. 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.
9. 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.
10. 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.
Impromptu Concerts
Cultural Umbrella Funding FY 2008
Contract 10# 353
I
11. LOQo: All promotional literature and display advertising with the exception 0
generic advertising must display the "Florida Keys & Key West Come As You Are" logo/trade mar~
(as per attached logo sample). This logo/trade mark was adopted by the TDC and County ir
December 2006.
In-County LOQo: The logo that includes the "Monroe County Tourist Development Counci
designation is to be utilized in all approved in-county print newspaper ads, magazine ads, streE
banners, posters and other approved signage efforts, Radio commercials should include "Brought tl
you by The Monroe County Tourist Development Council", To seek approval, clarification and/or log 1
in electronic format (eps or jpg file), contact John Underwood with Tinsley Advertising at 305-856
6060.
Out of County LOQo: The out of county logo does NOT include the "Monroe County Touris
Development Council" designation and is to be utilized in all other efforts including any approved out.
of-county print newspaper ads, magazine ads, television commercials, internet advertising (banners.
buttons, e-mail blasts), direct mail promotions (brochures and pamphlets) and any approved
promotional items including programs, T-shirts, hats, jackets, trophies and koozie cups. Radio
commercials should include "Brought to you by The Monroe County Tourist Development Council". To
seek approval, clarification and/or logo in electronic format (eps orjpg file), contact Emerson Fales or
John Underwood at Tinsley Advertising at 305-856-6060.
12. 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.
Impromptu Concerts
Cultural Umbrella Funding FY 2008
Contract 10#, 353
3
Prior to commencement of work governed by this contract, Event Sponsor shall obtain Generc
Liability Insurance. Coverage shall be maintained through out the life of the contract and include, as
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
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 poliC::~~~:'lu
~,:y~ ", <;',
,~, / e=J .~. ,,', ,\;
(SEAL).ji'~f.II'..1 /\ \,;:,':
Attest: Danny: . KO/hag~ C/et~(:~t?" ! i!,.{?f~DF~,\\
~ ..,,?W-;
(Ii~!~ /
(CORPORATE SEAL)
Attest:
By.
Secretary
Print Name
OR TWO WITNESSES
(1 )
Print Name
Date:
Impromptu Concerts
Cultural Umbrella Funding FY 2008
Contract 10#,' 353
4
Board of County Commissioners
of Monroe County. ..-
/) "U-
/?Ucz/C/)J~~~__\
Mayor/Chairman
Key West Council on the Arts
'1
/ ,
-:...I-
By t;fj v4-
Pr ident
(<<lid 5, 1)6t;y1S7C~
Print Name
Date: 7. <j-c' I
(2)
Print Name
Date:
vlC:W'jI:F-: CDUNTY ATTORNEY
/PPrO:;:D !~~~_
~1.h....-r"
SUZ'/l,N M ( IMSLEY
r.SSISTANT COU HY ATTORNEY
Dale~:U #07
,
In-County LOQO
The
floridd Keys
-.-
MONROE COUNTY TOURIST DEVELOPMENT COUNCIl
Out-ot-County LOQO
The
floridd Keys
-.-
Impromptu Concerts
Cultural Umbrella Funding FY 2008
Contract 10#, 353
5
EXHIBIT A
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
CULTURAL UMBRELLA EVENT
SCHEDULE OF EVENTS
FISCAL YEAR 2008
Name of Event: Impromptu Concerts
To include the following between January 2008 and March 2008:
Six (6) shows to include the following:
The Philadelphia Brass Quartet
The Jupiter String Quartet with Clarinet
La Boheme: A night at the Opera
Ji- Y ong, Pianist (Impromtu Rising Star Series)
Camerata Bariloche String Orchestra
Stanislaus Drzewiecki, Pianist
There will also be some pre-promotion of the 2009 concert series. Pre-promotion
will consist of production and mail distribution of the 2009 brochure and
subscription form.
. '.
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
CULTURAL UMBRELLA EVENT BUDGET
BUDGET BREAKDOWN
line items listed below must be approved by the appropriate agency of record
FISCAL YEAR 2008
EVENT NAME:
Impromptu Concerts
MEDIA PLACEMENT & PRODUCTION COSTS: newspaper, radio, magazines,
TV, webslte/internet advertising only $ 6,500,00
PROMOTIONAL SIGNS: posters/banners
PROMOTIONAL ITEMS: t-shlrts, hats, jackets, koozle cups
DIRECT MAIL PROMOTIONS: brochures/pamphlets!
postage & shipping
$ 500,00
$ 800,00
$ 1,400.00
$ 300.00
$ 500,00
$ 10,000.00
PROGRAMS:
PUBLIC RELATIONS
-GENERAL NON.ALLOCATED
TOTAL:
-GENERAL NON ALLOCATED MAY NOT EXCEED 15% OF THE ABOVE BUDGET.
AND CAN ONLY BE UTILIZED FOR ACCEPTABLE TDC ITEMS.
ACTUAL EXPENDITURES MAY DEVIATE NO MORE THAN 10% FROM THE BUDGETED LINE ITEMS
NOTED ABOVE.
EXHIBIT B
19% Edition
MONROE COl'NTY, FLORIDA
Request For Waiver
of
Insurance Requirements
It IS requested that the insurance requirements, JS speci fied in the County's Schedule of InSllrJnCe
Requiremt:lIts, be waived or modified on the followmg contract.
Contractor: See Event Attachment
~ame of Entity:
/./.
tJ"- -c~
~v0
/
G(~
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 will
apply to: -, ,'" (
, j
Signature of Contractor:
~~~
Risk i\lanagement:
~
Approyed , )<,
'1 \
\
,
Not Approved
. .... . \ I ~ :
Date:
-,
.~ ,
County Administrator Appeal:
Approved
~ot Appro\'Cd
Date:
Board of County Commissioners Appeal:
Approved
Not Approved
\f ccling Date:
Administration Instruction
#~709.2