Item E4
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 14,2000
Division: TDC
Bulk Item: Yes XXX No
Department:
N/A
AGENDA ITEM WORDING:
Approval requested of an Agreement with Barley's Bay Festival, Inc.
covering the production of Barley's Bay Festival on July 27-29, 2001 in an
amount not to exceed $25,000, FY 2001 Two Penny allocated under the
Cultural Umbrella.
ITEM BACKGROUND:
TDC approved same at their meeting of July 19, 2000.
PREVIOUS RELEVANT BOCC ACTION:
BOCC approved FY 2001 budget at their meeting of September 21,2000.
STAFF RECOMMENDATION:
Approval
TOTAL COST: $25,000
BUDGETED: YES
COST TO COUNTY: $25,OOOITOURIST PAY
_ j 1../ L,,(L.
APPROVED BY: County Attorney ~ OMB/~Mlasing~Risk Managemenf~
DIVISION APPROVAL:
Lynda M. Stuart
(Type/print name)
DOCUMENTATION: Included: X To Follow:_Not Required_
Agenda Item # ~ l\-
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Barley's Bay Festival, Inc. Effective Date: 12/14/00
Contract Purpose/Description: Approval requested of an Agreement with Barley's Bay Festival
Inc. covering the production of Barley's Bay Festival on July 27-29, 2001 in an amount not t ~
exceed $25,000, FY 2001 Two Penny allocated under the Cultural Umbrella.
Contract Manager: Maxine Pacini X3523 Tourist Development Council
(Name) (Ext) (Department)
For BOCe meeting on 12/14/2000 Agenda Deadline:11/29/2000
Contract Costs
Total Dollar Values of Contract: $25,000 Current Year Portion: $
Budgeted? Yes ~ No Account Codes: 115-75011-530340-T15C 270 X 530480
Grant: $
County Match: $
Estimated Ongoing Costs: $
(not included in dollar value above)
ADDITIONAL COSTS
/yr. For:
(e.g. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
DATE IN CHANGES REVIEWER DA TE OUT
NEEDED?
Yes No
Division Director II o.'/~(J v ~ .LLJ2:d h
- -
Risk Man:r.ment /L/JJ./co ./ C\ I tIJcIvl..~~_ ~td"'" t( /2-') /a (j
- - I ---
County Arney iI/~oV ~ S. Hutton tl / ~CfU
- -
cd::' ~ /. <---:.&~ tif3~ ---
II 127/ u 0 II/~t/ O~
O.M.B.lPu sing
--- - ---
(Final reviewer should return contract to originator)
Comments:
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 "BOCC")
and Barley's Bay Festival, Inc. (hereinafter referred to as "Event Sponsor");
WHEREAS, the umbrella organization under contract to the BOCC 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. BOCC shall pay a sum not to exceed $25,000.00 (Twenty Five Thousand
Dollars) for promotion and related expenditures, as described in the event budget, attached
hereto as Exhibit A, for production of the Barley's Bay Festival on July 27-29,2001.
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 dollar amount and without requiring a written amendment to this
agreement. Monroe County's performance and obligation to pay under this agreement is
contingent upon an annual appropriation by the BOCC.
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 contracted agencies of the Tourist Development Council (TDC) and BOCC.
The agencies of record, shall 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, 2001. 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 30,2001, 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 after September 30, 2001, except that for events with
promotional expenditures occurring from August 1 through September 30, 2001, invoices
must be submitted within ninety (90) days of the conclusion of the event.
1
Barley's Bay Festival
Cultural Umbrella Funding FY 2001
3. Event Sponsor shall reimburse SOCC for any amount of funds expended by
SOCC 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 Soard 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 SOCC and its
agents and employees access to said records at reasonable times.
6. SOCC 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, 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 TVVO for a period of 36 months from the date of being
placed on the convicted vendor list. "
2
Barley's Bay Festival
Cultural Umbrella Funding FY 2001
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by
its duly authorized representative, the day of ,2000.
(SEAL)
Attest: Danny L. Kolhage, Clerk
Deputy Clerk
WITNESS:
By.
Barley's Bay Festival
Cultural Umbrella Funding FY 2001
Board of County Commissioners
of Monroe County
Mayor/Chairman
Barley's Bay Festival, Inc.
By
President
3
EXHIBIT A
TOURIST DEVELOPMENT COUNCIL
CULTURAL UMBRELLA
APPROVED
BUDGET BREAKDOWN
FISCAL YEAR 2000/2001
EVENT NAME:
BARLEY'S BAY FESTIVAL 2001
BROCHURES, POSTERS, PROGRAMS
PUBLIC RELATIONS
$ 1,000
$ 3,500
DIRECT MAIL & POSTAGE
PHOTO PROGRAM
$
$
TOTAL:
$13,000
$ 5,000
$ 2,500
$25,000
MEDIA ADVERTISING
T-SHIRTS, CAPS, JACKETS
*GENERAL-NON-ALLOCATED
*GENERAL NON-ALLOCATED IS NOT TO EXCEED 15% OF THE AMOUNT AWARDED BY
THE MONROE COUNTY TOURIST DEVELOPMENT COUNCIL FOR THIS SPECIFIC
EVENT.
*MAXlMUM REQUEST CAP = $25,000.00
EXHIBIT B
MONROE COUNTY
TOURIST DEVELOPMENT COUNCIL
CULTURAL UMBRELLA
SCHEDULE OF EVENTS
FISCAL YEAR 2000/2001
, .
NAME OF EVENT: ~Agg:;:s,.:s ~ rc.s(JU4L 0<:)
Please list all scheduled activities in date and time order:
*If pre-promotion is to be considered indicate the dates of the next season
mu~ (.:Tu.z:5 2.'T .
B:oo A-N\. -S:DO?1i\
61fT v.rWA:i- . :J U:J 2S
j :. O() ?H\'~ q ; CO ?N\..
ZB:F G-cEAV-u?-
l'A.LW-(G FtSTt LJAL
10