Item D1
, I
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARy
Meeting Date: DECEMBER 17. 2003 Division: TDC
Bulk Item: Yes -K- No
Department:
AGENDA ITEM WORDING:
Approval of an Amendment to Agreement with Key West Pops Orchestra, Inc. to revise
Exhibit A.
ITEM BACKGROUND:
Key West Pops Orchestra, Inc. has requested a revision to their schedule of
events.
PREVIOUS REVELANT BOCC ACTION:
soee approved original Agreement at their meeting of October 15, 2003.
CONTRACT/AGREEMENT CHANGES:
Amendment to revise exhibit A.
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $11.523
BUDGETED: Yes -L No
COST TO COUNTY: $11.523
SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes -K- No
AMOUNTPERMONTH_ Year
APPROVED BY: County Ally ----1L- OMB~~ Ri~ Management ~
DIVISION DIRECTOR APPROVAL: ~ , r~;:;-.JJ -......,4>
(Lynda Stuart)
DOCUMENTATION:
Included X
To FollOW_Not Required~
AGENDA ITEM #-D[
DISPOSITION:
Revised 2/27/01
'j
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARy
Contract with: Key West Pops Contract #_
Orchestra, Inc. Effective Date: 10/15/03
Expiration Date:
Contract Purpose/Description:
Approval ofan Amendment to Agreement with Key West Pops Orchestra. Inc. to
revise Exhibit A.
Contract Manager: Maxine Pacini 3523 TDC # 3
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 12/17/03 Agenda Deadline: 12/3/03
CONTRACT COSTS
Total Dollar Value of Contract: $ 11,523
Budgeted? Yes[8J No 0 Account Codes:
Grant: $
County Match: $
Current Year Portion: $
115-75011-530340-T45C-421X-530480
- - - -
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, ianitorial, salaries, etc.)
- -
---
CONTRACT REVIEW
Changes
!la!5!n Needed
Division Director 'W' YesO No[jf
Risk Management ~3 YesONoif
O.M.B./Purchasing UP/4:J Y esO No~
County Attorney ~ YesO No~
Date Out
S.Hutton
Comments:
OMB Form Revised 2/27/01 MCP #2
RBCEIVED OCT 2-4 2003
OfiCl\. TD" lOI"Z..6
~:~
The
Key West
p
Orchestra
Vincent P. Zito
Artistic Director
& Founder
Cristina Lindley
General Manager
p.o. Box 6206
Key West, FL 33041-6206
Phone/Fax (305) 293-7658
www.keywestpops.com
SOl (el (3) Non Profit
EIN #65-1060786
BOARD OF DIRECTORS
Dr. Paul lito
Chairman Emeritus
George Fernandez
President
Suzie Trivisonno
Vice President
Joe Viana
Treasurer
Bruce Moore
Secretary
Phyllis May
Norma Mollica
Vera Schiff
Hon. Lurana Snow
Susan Uiterwyk
Marilyn VanderVeen
Ken Weschler
Mary Ann Worth
Maria lito-Kaufman
ADVISORY BOARD
Shirley Block
Lea Brewer
October 20, 2003
Ms. Maxine Pacini
Tourist Development Council
Cultural Umbrella
1201 White St.
Key West, FL 33040
Dear Maxine,
The Key West Pops Orehe~tra (Key West Pops, Inc.) would like
to announce that there is a change in our third and last concert on
February 29,2004 presently titled II A Broadway Dance Concert-. We
hope this change of content will not reflect the status of our Cultural
Umbrella Grant, and are submitting this substitution for your review.
We will replace the content and title of that concert with the following
information:
"Fifth Anniversary Concert"
Join Maestro Vincent Zito, Broadway star Lee Roy Reams and a
host of local performers as they salute the People of Key West in
a concert marking the Fifth Anniversary of the Key West Pops
Orchestra.
Please note the date, venue, advertising terms and conditions will
remain the same.
We regret any inconvenience that we may cause as a result of this
unavoidable change, and thank you for your understanding.
Sincerely,
c~~~
General Manager (J
@
~-hk.t[1
LO- 24.-0")
~o..Q U~. A~I\ . -
The
Key West
p
Orchestra
Vincent P. Zito
Artistic Director
& Founder
Cristina Lindley
General Manager
p.D. Box 6206
Key West, FL 33041-6206
Phone/ Fax (305) 293-7658
www.keywestpops.com
SOl (el (3) Non Profit
EIN #65-1060786
BOARD OF DIRECTORS
Dr. Paul Zito
Chairman Emeritus
George Fernandez
President
Suzie Trivisonno
Vice President
Joe Viana
Treasurer
Bruce Moore
Secreta ry
Phyllis May
Norma Mollica
Vera Schiff
Hon. Lurana Snow
Susan Uiterwyk
Marilyn VanderVeen
Ken Wesch fer
Mary Ann Worth
Maria Zito-Kaufman
ADVISORY BOARD
Shirley Block
Lea Brewer
October 20, 2003
Key West Pops Orchestra
P.O. Box 5784
Key West, FL 33041
www.keywestpops.com
Vincent P. lito, Artistic Director and Conductor, is proud to announce the 2003-2004 Season.
(2129/04 Concert revised 10/20/03)
Noverilber 9, 2003, Tennessee Williams Theatnt
'~rlca the BeautHul" Concert
An all-American composers program featuring works by Irving Bertin, Richard Rodgers, Louis M. Gottshalk,
Leonard Bernstein and Jerome Kern. Soloists will include pianist Thomas Pandolfi and vocalists Christopher
Peterson, Tony and Donna Buonauro, Joaquin Romaguera, Dean and Sandy Walters, Maria ZIt~Kaufman, ,
and the -Swing-Low" - Heather Caruthers, Maj Johnson, Laurie Breakwell, and Frances Edge. This concert
will also feature the premier of a Specially commissioned arrangement of '40's swing hits by Elizabeth Halbe.
Ticket prices are $100, $60, and $40.
December 28, 2003, Tennessee Williams Theatre
II A Holiday Potpourri" Concert
A -Half & Half' program of classical music and Broadway favorites. The first part of the concert will include
music by Bertioz, Mozart, Haydn and Gershwin, and will feature an instrumental solo by the student
apprentice Daniel Curtis. The second part of the concert will feature familiar and not-s~familiar music of the
American Musical Theatre. Soloists will include pianists Franko Richmond and Jeffrey Chappell, and
vocalists Randy Roberts, Wendy Reynolds, Maria Zit~Kaufman, Tony and Donna Buonauro, and Broadway
veterans Bruce Moore ('Gypsy) and Sean McDennott ('Miss Saigon'). Ticket prices are $100, $60, and $40.
February 29, 2004, Tennessee Williams Theatnt
* Fifth Anniversary Concert *
Join Maestro Vincent Zito, Broadway star Lee Roy Reams, and a host of local performers as they salute the
People of Key West in a concert marking the Fifth Anniversary of the Key West Pops Orchestra. Ticket
prices are $100, $60, and $40.
Tickets are available at the Tennessee Williams box office (305) 296-1520, or online at www.kevstix.com.
Please log on to our website www.kevwest/JODS.com for more information or call (305) 293-7658.
AMENDMENT TO AGREEMENT
THIS ADDENDUM to agreement is made and entered into this
day of 2003, between the County of Monroe and the Key West Pops
Orchestra, Inc.
WHEREAS, there was a contract entered into on October 15, 2003, between the
parties, awarding $11,523 to Key West Pops Orchestra, Inc. covering the production of
The Key West Pops Orchestra; and
WHEREAS, it has become necessary to revise exhibit A of the agreement;
NOW, THEREFORE, in consideration of the mutual covenants contained herein
the parties agree to the amended agreement as follows:
1 . The item regarding the third concert of Exhibit A of the Agreement shall
read "February 29,2004, Tennessee Williams Theatre "Fifth Anniversary Concert".
2. The remaining provisions of the contract dated October 15, 2003, 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:
Key West Pops Orchestra, Inc.
By
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairman
MONROE COUNTY ATTORNEY
~R~V~
~Af.lN .
~SSlSTANT C~~i'RNEY
Date I~
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 Orchestra, 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;
NOW THEREFORE; in consideration of the mutual promises contained herein, the
parties agree as follows:
1. County shall pay a sum not to exceed $11,523 (Eleven Thousand, Five Hundred
and Twenty Three Dollars) for promotion and related expenditures effective October 1, 2003,
as described in the event budget, attached hereto as ExhiM B, for production of The Key
West Pops Orchestra between November 2003 and February 2004. 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, wnhout 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. 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. 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, 2004. 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, 2004 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
30,2004.
The Key West Pops Orchestra
Cultural Umbrella Funding FY 2004
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 attomey'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,
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'~ logo/trade
mark adopted by the TOC and County on November, 2000 (as per attached). No
reimbursement or direct payment will be considered unless this logo/trade mark is utilized.
The Key West Pops Orchestra
Cultural Umbrella Funding FY 2004
2
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
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 SOCC 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
bylaw.
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.
Prior to commencement of work governed by this contract, Event Sponsor shall 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 Liability
* Persona/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.
The Key West Pops Orchestra
Cultural Umbrella Funding FY 2004
3
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 policy.
IN WITNESS WHEREOF, each~~as caused this A~ement to be executed by its
duly authorized representative, the / day of tOe- .2003.
(SEAL)
Atte.... s..,t:... 0..... a.". n~effi
G~.~
' . -.. "- -.. . , -"~
, DePGty Clerk
Board of County Commissioners
of Monroe County
-'A;e;. >n ~
Mayor/Chairman
(CORPORATE SEAL)
Attest:
By.
Secretary
The Key West Pops Orchestra, Inc.
By ~~~~
Pre ent
OR
Witness
MONRO~E COUNTY ATTORN Y
~~~v:: .0
~z Nt: TTON _
O ASS'STANT~OJlN~;')< AnQ
at.~ -L2. lPJRNEY
I _
The Key West Pops Orchestra
Cultural Umbrelfa Funding FY 2004
4
eXHIBIT A
MONRoe COUNTY TOURIST DEVELOPMENT COUNCIL
CUl TURAl UMBRELLA
SCHEDULE OF EVENTS
FISCAL YEAR 2004
EVENT NAME: The Kev West PODS Orchestra. Leos. neme: The K~y West PoDS, Inc.
Ust scheduled event ectIvilIes In date order. If P<e-promotion is included, indicate !he event
dales of !he next season. If funded, fUnds Will be reimbursed only for the promotion of event
activities listed here.
All
November 9. 2003
December 28. 2003
February 21. 20Q4
EXHIBIT B
MONROE COUNTY TOUIST DEVELOPMENT COUNCIL
CULTURAL UMBRELLA EVENT FUNDS
BUDGET BREAKDOWN
FISCAL YEAR 2004
EVENT NAME: Key West Pops Orchestra
MEDIA ADVERTISING
$
8,000
BROCHURES, POSTERS, PROGRJ $ 3,523
DIRECT MAIL & POSTAGE $
PHOTO PROGRAM $
PUBLIC RELATIONS $
PROMOTIONAL ITEMS $
(T-SHIRTS, CAPS, JACKETS,ETC.)
MISCELLANEOUS*
$
TOTAL: $
11,523
*MISCELLANEOUS MAY NOT EXCEED 15% OF THE ABOVE BUDGET
ACTUAL EXPENDITURES MAY DEVIATE NO MORE THAN 10% FROM THIS BUDGET.
IF FUNDED, EXHIBITS A AND B WILL BECOME PART OF YOUR CONTRACT AND TRANSMITTED
OFFICE OF THE CLERK OF THE COURT.
I~[ fLORIDAKfYS & KfYWfST
MONROf COUNTY TOURIST DmLOPMOO COUNCIL
Come as you are<8
THf fLORIDA KfYS & KfY WfST
MONRO[ COUNTY TOURIST V[V[LOPMfNT COUNCIL
Come as you arel8
THf fLORIDA KfYS & KfY WfST
MONRO[ COUNTY TOURIST VffiLOPMOO COUNCIL
Come as you aree
THf fLORIDA KfYS & KfY WfST
MONRO[ COUNTY TOURIST D[VUOPMOO COUNCIL
Come as you are<8
THf fLORIDA KfYS & KfY WfST
MONRO[ COUNTY TOURIST D[V[LOPM[NT COUNCIL
Come as you areID
TUf fLORIDA KfYS & KfY WfST
MONRO[ COUNTY TOURIST DMLOPHOO COUNCIL
Come as you are8
TU[ [lORIDA K[YS & K[Y W[ST TU[ [LORIDA K[YS & K[Y W[ST TU[ [lORIDA K[YS & K[Y W[ST
MONRO[ COUNTY TOURIST omLOPMfNT COUNCIL MONROf COUNTY TOURIST OfVROPMfNT COUNCil MONROf COUNTY TOURIST OfVUOPMfNT COUNCil
Come as you are@ Come as you aree Come as you aree
TU[ fLORIDA K[YS &K[Y W[ST TU[ [LORIDA K[YS & K[Y W[ST TH[ [lORIDA K[YS & K[Y W[ST
MONRO[ COUNTY TOURIST OfV[lOPMOO COUNCil MONROf COUNTY TOURIST OfVROPMOO COUNCil MONRO[ COUNTY TOURIST OmLOPMfNT COUNCil
Come as you are@ Come as you aree Come as you aree
TH[ [LORIDA Km & KH wm TH[ fLORIDA KHS & KH wm TH[ fLORIDA Km & KH wm
MONRO[ COUNTY TOURIST D[VROPM[NT COUNCIl MONRO[ COUNTY TOURIST D[V[lOPMfNT COUNCil MONRO[ COUNTY TOURIST D[VROPM[NT COUNCIl
Come as you are@ Come as you are@ Come as you are@
TH[ nORIDA Km & KH wm TH[ fLORIDA Km & KH wm TH[ fLORIDA Km & K[Y wm
MONRO[ COUNTY TOURIST D[V[LOPMfNT COUNCIl MONRO[ COUNTY TOURIST D[V[lOPM[NT COUNCIl MONRO[ COUNTY TOURIST D[VROPM[NT COUNCIl
Come as you are@ Come as you are@ Come as you are@
TU[ [lORIDA KHS & KH W[ST
MONROf COUNTY TOURIST OfVnOPMfNT COUNCIL
Come as you are@
TU[ [lORIDA KHS & KH W[ST
MONRO[ COUNTY TOURIST OfVnOPMfNT COUNCIL
Come as you are@
m[ [lORIDA KHS & KH W[ST
MONROf COUNTY TOURIST OfVnOPMfNT COUNCIL
Come as you are@
m[ [LORIDA KHS & KH W[ST
MONROf COUNTY TOURIST DfVfLOPMfNT COUNCIL
Come as you are@
MCTG-3125 New Logo Slick L01
1996 [ditiOB
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 t<~tA. JI'~ ~5 O('c..\""~~ J I lit c..
Contract for: Services
Address of Contractor: _c/o TOC Attn: Maxine
Phone: _305-296- I 552
Scope of Work: _Advertising & promotion
Reason for Waiver: _Providing funds to promote event only...minimal exposure to county
Policies Waiver will
apply to: See attached
Signature of Contractor:
Date:
County Administrator Appeal:
Approved
Not Approved
Date:
Board of County Commissioners Appeal:
Approved
Not Approved
Meeting Date:
Administration Instruction
#4709.2