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Item D1BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: MAY 15, 2013 Division: TDC Bulk Item: Yes X No _ Department: Staff Contact Person/Phone #: Maxine Pacini 296-1552 AGENDA ITEM WORDING: Approval of an Amendment to Agreement Key West Burlesque to revise Exhibit C outlining the named schedule of events. ITEM BACKGROUND: During the event season the organizers of the event realized they needed to revise some titles of the events, and have requested approval of an amendment to their Exhibit C to allow for payment under the new event titles. TDC Cultural Umbrella has approved the changes requested. TDC approved same at their meeting of April 30, 2013 PREVIOUS RELEVANT BOCC ACTION: BOCC approved original agreement at their meeting of October 17, 2012 CONTRACT/AGREEMENT CHANGES: Amendment to revise Exhibit C. STAFF RECOMMENDATIONS: Approval TOTAL COST: $14,917 BUDGETED: Yes X No COST TO COUNTY: SOURCE OF FUNDS: TDC REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year W / ff�( APPROVED BY: County Atty X OMB X Risk Managem' X DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 11/06 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Key West Burlesque Contract # TDC ID#: 1072 Effective Date: 10/1/12 Expiration Date: 9/30/13 Contract Purpose/Description: Approval of an Amendment to Agreement Key West Burlesque to revise Exhibit C outlining the named schedule of events. Contract Manager: Maxine Pacini (Name) for BOCC meeting on 5/15/13 3523 TDC # 3 (Ext.) (Department/Stop #) genda Deadline: 4/30/13 CONTRACT COSTS Total Dollar Value of Contract: $ 14,917 ' Current Year Portion: $ Budgeted? Yes® No ❑ Account Codes: 117-75011-530340-TC35-770-X-530480 Grant: $ 117-75011-530340-TC35-770-X-530410 County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance. salaries, CONTRACT REVIEW Division Director Dqte Ip Changes Needed Reviewej�-- Yes[-] Noa _ Date Out Risk Management �� Yes❑ NoEU/� O.M.B./Purchasing 3 I �3 Yes❑ No[�r t� `3 /q County Attorney 3 ! Yes[—] No2"*'� C. Hall 3 Comments: OMB Form Revised 2/27/01 MCP #2 From: Tatah Dujour[mailto:tatanduiour(o)-yahoo.com] Sent: Thursday, March 14, 2013 4:15 PM To: Maxine Pacini Cc: director keysarts.com Subject: Re: Key West Burlesque Amendment Hi Maxine, Here are the revisions to Exhibit C: 12 Days of Christmas - (changed to) Toys in Babeland Fabulous! - (a three day event weekend) included Vava Voom, Bettie Page party and Sunday Fun Day Spring! - will include Spring Training and Dirty Birdy All events are the same concepts that were proposed, only the titles have been changed or added to. Name changes are due to artistic differences or writers and performers originally working on the event deciding to no longer work with the production. As I explained to Maxine, Key West Burlesque productions are all original works unlike most theatrical productions. Thank you, Christa Hunt From: director - Keys Arts To: "Maxine Pacini" Cc: "Sherry Phillips" Subject: RE: Key West Burlesque Amendment Date: Saturday, March 16, 201311:58:03 AM Hi Maxine, The Cultural Umbrella C:orimittee has approved the revisions to the Key West Burlesque's Exhibit C including the "title" changes to their events. Thank you, Liz Elizabeth S. Young Executive Director A. Keys Council of the Arts 1100 Simonton Street Key West, FL. 33040 305-295-4369 d i rector(& keysa rts. corn www.keysarts.com Sign up for our KeysArts Weekly e-mail by visiting our website! We Support We Connect We Promote We Give AMENDMENT(1stAMENDMENT)T AGREEMENT THIS AMENDMENT to agreement dated the`day of 2013 is entered into by and between the Board of County Commissioners for Monroe County, on behalf of the Tourist Development Council, and Key West Burlesque ("Event Sponsor") WHEREAS, there was an agreement entered into on October 17, 2012 between the parties, awarding $14,917 to Key West Burlesque for the Key West Burlesque Season 2012-2013 between October, 2012 and June 2013; and WHEREAS, it has become necessary to revise Exhibit C of the agreement to revise the names of the scheduled events, and NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree to the amended agreement as follows: 1- Exhibit C shall be revised and attached hereto. 2. The remaining provisions of the agreement dated October 17, 2012 shall remain in full force and effect 1N WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above written. (SEAL) Attest: Amy Heavilin, Clerk Deputy Clerk (CORPORATE SEAL) Attest: By. Secretary Print Name Board of County Commissioners of Monroe County Mayor/Chairman Key West Burlesque reside t Print Name r Date: Date: OR TWO WITNESSES: (2LL Print Name Print Name �- 1 Date: , Date: 2 $ 1 MONROE COUNTY ATTORNEY Anxndment#i A ROV D S � F�M Key West Burlesque Season 2012-2013 Contract ]1*. 1072 Y ASSIST NT ►♦ r. UNTY STORNEY Date,m�.._.._ 3 t� �Zo REVISED EXHIBIT C SCHEDULE OF EVENTS Event Name: Key West Burlesque Season 2012-2013 Activity The Battle of Bone Island Big Bawdy Burlesque Show Toys in Babeland Month Event Occurs October October December Number of Days 4 1 9 Big Bawdy Burlesque New Year's December — Jan 1 Fabuloso! February 3 (also could be referenced as Fabulous! Included Vava Voom, Bettie Page party and Sunday Fun day) Spring March -April 6 (will include Spring Training and Dirty Bird) End of Season Show May -June 15 Amendment # 1 Key West Burlesque Season 2012-2013 Contract ID#: 1072 CULTURAL EVENT FUNDING AGREEMENT THIS AGREEMENT is made and entered into by and between Monroe County, Florida, a political subdivision of th state of Florida ("County"), and Key West Burlesque ("Event Sponsor") on this � day of , 2012. WHEREAS, the umbrella 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 $14,917 (Fourteen Thousand, Nine Hundred and Seventeen Dollars — TDC District I Funding Allocation) effective October 1, 2012 for promotion and related expenditures, as described in the event budget, attached hereto as Exhibit "D", for production of the Key West Burlesque Season 2012-2013 between October, 2012 and June, 2013. Of this amount, no more than 30% or $3,000 shall be expended on advertising media costs attributable to in -county placement. No amendments shall be made to Exhibit "D" after approval of contract. 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 shall not exceed 15% of the total budget and 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 Soonsor: Event Sponsor shall provide promotion and related services as described in the Schedule of Events, Exhibit "C", 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: A list of Acceptable Event Marketing Expenses is attached to the contract as Exhibit "A". 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, 2013. 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, 2013, Key West Burlesque Season 2012-2013 Cultural Umbrella Funding FY 2013 Contract ID#: 1072 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, 2013, except that for events with promotional expenditures incurred between July 1 and September 30, 2013, invoices must be submitted within ninety (90) days of the conclusion of the event. 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. S. Indemnification: Event Sponsor covenants and agrees to indemnify and hold harmless Monroe County, the Tourist Development Council, the 3406 North Roosevelt Corporation (Visit Florida Keys), their officers, employees and agents 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. 6. Claims and Venue: Event Sponsor agrees to notify County immediately of any claims suits, or action made against the Event Sponsor that is related to the activity under this agreement, and will cooperate with County in the investigation arising as a result of any action, suit, or claim related to this Agreement. Any legal proceedings arising out of this agreement shall be in accordance with the laws of the State of Florida in the 16t' Judicial Circuit for Monroe County; venue shall be in Monroe County, Florida. 7. 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. 8. 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. 9. 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, Chapter 2. 10. 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 Key West Burlesque Season 2012-2013 Cultural Umbrella Funding FY 2013 Contract ID#. 1072 2 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. 11. 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. 12. Logo: Logo Usage guidelines are attached to this contract as Exhibit "B". All promotional literature and display advertising with the exception of generic advertising must display the "Florida Keys & Key West Come As You Are" logo/trade mark (as per attached logo sample). This logottrade mark was adopted by the TDC and County in April, 2010. In -County Logo: The logo that includes the "Monroe County Tourist Development Council" designation is to be utilized in all approved in -county print newspaper ads, magazine ads, street banners, posters and other approved signage efforts. 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 or jpg file), contact John Underwood with Tinsley Advertising at 305- 856-6060. Out of County Loco: The out of county logo does NOT include the "Monroe County Tourist 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, intemet advertising (banners, buttons, e-mail blasts), direct mail promotions (brochures and pamphlets) and any approved promotional items including programs, T-shirts, hats, jackets, 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 or jpg file), contact Jessica Taylor -Smith or John Underwood at Tinsley Advertising at 305-856-6060. Key West Burlesque Season 2012-2013 Cultural Umbrella Funding FY 2013 Contract ID#: 1072 IN WITNESS WHEREOF, the parties have executed this agreement, effective the day and year first above written. (SEAL) Attest: Danny L. Kolhage, Clerk Deputy Clerk (CORPORATE SEAL) Attest: By Secretary Print Name OR TWO WITNESSES Pic- 2 (� ►iokA-H Laves Print Name Date: _Tfji I I I- KOY West Surlesque Season 2012-2013 Culture! Umbrella Funding FY 2013 Contrad ID#. 1072 4 Board of County Commissioners of Monroe County /M Mayor/Chairman C p i rt N -TI Key West Budesqug. Date: 3 W2- (2) vm Gt� � S�fiL Print game Date: VA 1i rT� MON OE COUNTY ATTORNEY A RO D A T F YNTMIA L. HALL ASSIS ANT COUNTY ATTORNEY Date -7' '2 - 9.0i EXHIBIT A Acceatable Event Marketing Umnses for Cultural Events Approved by BOCC 4/20/11 ADVISORY COMMITTEES (UMBRELLAS/DISTRICT ADVISORY COMMITTEES) AND EVENT COORDINATORS' RESPONSIBILITY: It is the responsibility of the Advisory Committees (Umbrella/District Advisory Committees (DAC) and Event Coordinators to keep apprised of all Monroe County Tourist Development Council's policies and procedures pertaining to event funding. oin= When DAC event proposals are received, they will be distributed to DACs for review and recommendations to the TDC. Upon approval of the TDC of any event funding recommendations, a contract will be entered into by the applicant and BOCC. The BOCC has final approval of all contracts. Any Request for Proposal (RFP) response received after the specified deadline, as determined within the RFP, will not be accepted. TDC w2vm This policy mirrors that of the Board of County Commissioners. aocc 9/am EVENT FUNDING: The TDC has established several categories of events that may receive funding. There are four categories of events that may receive funding from the TDC; Destination Events; Turnkey Events; Cultural Events and Fishing Events. All advertising and promotional items shall follow the logo/guidelines found in Section II of the Operations Manual for the Monroe County Tourist Development Council. TDC funded items are NOT to be sold. 9/14/94 Only the items listed will be reimbursed for the described events. All event coordinators will receive a reimbursement/direct payment packet that includes an executed copy of the funding agreement. The packet provides guidelines required for reimbursement/direct payment of Acceptable Event Marketing Expenses. No individual applications for Event funding will be considered out of the Two Penny Event Fund other than the Umbrellas (Cultural, Fishing & Diving). 7/26/95 Marketing expenses for events held outside Monroe County shall not be reimbursed/direct paid. 5/19/10 CULTURAL/FISHING UMBRELLA EVENT FUNDING: Any event of a fishing or artistic/special/dramatic nature shall apply for funding under the appropriate umbrella organization. Each Umbrella shall appropriate a minimum of 30% of the funds of the Umbrella for generic out - of -county advertising and public relations. 70% or the remainder that has not been allocated to the advertising/public relations agencies of record within the Umbrellas, shall be allocated by the Umbrella to the applicants for event funding. The budget, which is included with the application, Key West Burlesque Season 2012-2013 Cultural Umbrella Funding FY 2013 Contract ID#. 1072 5 will be individually reviewed by the Umbrella, the applicant and the advertising/public relations agencies of record. There cannot be more than a 10% deviation on the approved line item budget. No amendments to budgets will be permitted after this approval process. 9/14r94 General non allocated line item is not to exceed 15% of the total. budget and can only be utilized for acceptable TDC items listed below. If an Umbrella does not allocate all the funds earmarked for direct event funding within a district, the remaining funds shall be allocated and utilized to advertise that specific district as recommended by the Umbrella committee. Any event receiving funding under the Umbrella organization will not be eligible for additional funding under another TDC event category. o 4mi CULTURAL EVENTS: Procedures for cultural events can be found in the Monroe County TDC Operations Manual in Section IV-C. Within the Cultural Umbrella events funding process, the monies received by the event coordinator is to be used within the approved acceptable list of TDC expenses listed below. Media Placement & Production Costs: newspaper; magazines, radio; TV; website/intemet advertising onlyz Event producers/coordinators are required to spend no more than 30% of funds on advertising in Monroe County. This includes in -county newspaper, radio, magazines, TV and local (in -county) website/intemet advertising. If event producer/coordinator wishes to augment their marketing program with additional in -county placement they may do so utilizing their own resources. The remaining 70% out -of -county advertising budget shall be placed with newspaper, radio, magazines, TV and websites outside of Monroe County. i.e. nytimes.com; chicagotribune.com, etc. The only local (in -county) website/ intemet advertising expenditure considered out of the 70% line item to be approved by the advertising agency of record (Tinsley Advertising) shall be the official Monroe County Tourist Development website. (TDC,-1/25/11 and BOCC 2/16/11) Promotional Signs: posters and banners Promotional Items: T-shirts; hats; jackets; koozie cups. Refer to Sales/Resale statement in Section II of the Operations Manual. Direct Mail Promotions: brochures and pamphlets including postage/shipping. This is a direct mail promotional brochure/pamphlet utilized for pre -event advertising. Programs: TDC will pay for an event program of listed or schedule of activities and information on the event, an amount not to exceed 50% of cost, including production and printing, of program as outlined in contract budget. Key West Burlesque Season 2012-2013 Cultural Umbrella Funding FY 2013 Contract ID#. 1072 0 Public Relations MR): Print and broadcast public relations materials for distribution to media, such as but not limited to press releases, public service announcements, photography to be utilized in PR releases and video news releases as approved by the public relations agency of record. Only permissible PR material produced by the agency of record and/or a professional public relations agency shall be acceptable. Bocc 7/2vio In -House Production: In-house production of any permissible expenditures will not be considered for reimbursement. BOCC 7/21/10 Event Promotions: TDC funding is intended for promotion of events as opposed to the ongoing programs of an organization or promotion of the facility. TDC will only consider reimbursement of advertising and promotional materials that highlight the event versus the regular programming of an organization or facility. Bocc v2wo Items that have not been approved by the appropriate agency of record prior to production/placement shall not be considered for reimbursement/direct payment. BOCC 7mi10 2 ADVERTISING THROUGH THE INTERNET: The TDC will pay for Internet advertising on web sites (banners, buttons, website links), and E-mail blasts. Internet advertising links may go to the event website. Logo is required on banners and E-blasts. No payment will be made for development or operation (hosting) of website. Bocc 51IMS SALE/RESALE OF TDC FUNDED ITEMS: Items funded, including creative and resulting work product, by the BOCC/TDC, in accordance with Florida Public Records Law, are owned by the BOCC/TDC and as such may not be sold. o9/14/94 Key West Burlesque Season 2012-2013 Cultural Umbrella Funding FY 2013 Contract ID#: 1072 7 EXHIBIT B Logo/Acknowledgement Usage Guidelines For Cultural Events BOCC 4/21/10 Color ads four (4) color processing printing 06/12/91 Black & white ads shall include the Florida Keys and Key West logo in PMS black. 06/12/91 Use on all printed material as listed under the Acceptable Event Marketing Expenses list TV: logo must appear at the conclusion of commercial Hats/t-shirts/jackets/koozie cups: must carry the "The Florida Keys & Key West" logo Radio Advertising: No logo is required. All radio announcements must say "Brought to you by the Monroe County Tourist Development Council" In -County Logo The below logo that includes the "Monroe County Tourist Development Council" designation is to be utilized in all approved in -county print newspaper ads, magazine ads, street banners, posters and other approved signage efforts. 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 or jpg file), contact Jessica Taylor -Smith or John Underwood with Tinsley Advertising at 305-856-6060. The Florida Keys &KeyWestcommyoum Out -of -County Logo The below logo that does NOT include the "Monroe County Tourist Development Council" designation 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 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 or jpg file), contact Jessica Taylor -Smith or John Underwood at Tinsley Advertising at 305-856-6060. Key West Burlesque Season 2012-2013 Cultural Umbrella Funding FY 2013 Contract 1DA 1072 The Florida Keys KeyYest ..me.Does you are• 8 EXHIBIT C MONROE COUNTY TOURIST DEVELOPMENT COUNCIL CULTURAL UMBRELLA SCHEDULE OF ACTIVITIES FISCAL YEAR 2013 EVENT NAME: Key West Burlesque Season 2012-2013 Activity The Battle of Bone Island: Big Bawdy Burlesque Show Twelve Days of Christmas Big Bawdy Burlesque New Years Fabulosol Springl End of Season Show = . •: .ENT •. . .: Mordh Event Occurs Number of Days October 4 October 1 December 3 December -Jan 1 February 3 March -April 6 ua"une 15 'If part of your funding request for this fiscal year is to promote event activities taking place in the next fiscal year (pre -promotion), then the following rules will apply: 1. Pre -promotion is only allowed for an event taking place during the months of October and November. If your event takes place after that, you must apply for funding in the next fiscal year. 2. All pre -promotion funding IMUST be spent prior to September 30"' of the fiscal year you are funded in. (For example: If pre -promotion is for a November 7'" event, you must place that ad and spend the money prior to September 301'. Monroe County Tourist Development Council Cultural Umbrella Application FY 2013 EXHIBIT D MONROE COUNTY TOURIST DEVELOPMENT COUNCIL CULTURAL UMBRELLA EVENT BUDGET BUDGET BREAKDOWN line items listed below must be approved by the appropriate agency of record There will be no amendments to this budget (Exhibit D) after SOCC approval of Agreement FISCAL YEAR 2013 EVENT NAME: Key West Burlesque Season 2012-2013 MEDIA PLACEMENT 3 PRODUCTION COSTS: newspaper, radio, magazines, TV, webaft internst advertising only $10.000 PROMOTIONAL SIGNS: posters/banners $2.000 PROMOTIONAL ITEMS: tshirts, hats, Jackets, koozie cups $1.917.00 DIRECT MAIL PROMOTIONS: brochures/pamphieW postage 3 shipping $0.00 PROGRAMS: $1,000,00 PUBLIC RELATIONS 0 *GENERAL NON -ALLOCATED So TOTAL: $14.917.00 TDC will only consider reimburswrwnt of advertising and promotional materials that highlight the event versus the regular programming of an organization or facility -See Exhibit A Event producers are required to spend NO more than 30% of funds on advertising IN Monroe County In-house marketing Is not a permissible expenditure 'GENERAL NON ALLOCATED MAY NOT EXCEED 16% 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.