Item E6
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: APRIL 20, 2000
Division: TDC
Bulk Item: Yes XXX No
Department:
N/A
AGENDA ITEM WORDING:
Approval of an agreement with. Keys Communication Group, Inc., to
produce the 9th Annual Key West Theatre Festival covering a period from
October 5-15, 2000 in an amount not to exceed $55,000, DAC I, FY 2000,
Third Penny.
ITEM BACKGROUND:
TDC approved same at their meeting of September 22, 1999.
PREVIOUS RELEVANT BOCC ACTION:
BOCC approved FY 2000 budget at their meeting of September 22, 1999.
STAFF RECOMMENDATION:
Approval requested.
TOTAL COST:$55,OOO
BUDGETED: YES
COST TO COUNTY: $55,000 /TOURIST PAY
APPROVED BY: County Attorney ~ OMB/Purchasing-L Risk ManagemenL2.<
DIVISION APPROVAL: ~
Lynda M. Stuart
(Type/print name)
To Follow:
DOCUMENTATION: Included: X
Not Required
Agenda Item #a#e~
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Keys Communication Group, Inc. Effective Date: 4/20/2000
Contract Purpose/Description: Approval of an agreement with Keys Communication Group, Inc., to produce
the 9th Annual Key West Theatre Festival covering a period from October 5-15, 2000 in an amount not to
exceed $55,000, DAC I, FY 2000, Third Penny.
Contract Manager: Maxine Pacini . X3523 Tourist Development Council
(Name) (Ext) (Department)
For BOCC meeting on 4/20/2000 Agenda Deadline:4/5/2000
Contract Costs
Total Dollar Values of Contract: $55,000 Current Year Portion: $
Budgeted? Yes ~ No Account Codes: 117-77030-530340-T07S-119 X
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 3 plf( I7V V jfL5~
- - - -
Risk Management ~/:;,g/oo / U\ . \J<-.~'-\~ ~~~'<" 3 /21::'/00
- - ) ---
~ Attor~e~ '3 /d6/(JD t/ S. Hutton ~/ o'?) / oV
- -
O.M.B./pu~Slng .3 tz'IJOO _ L ~< ~---rz:; .2J2:1.;r;i:J
(Final reviewer should return cont c to originator)
Comments:
Destination Events Agreement
THIS AGREEMENT is entered into this day of , 2000, by and
between BOARD OF COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA,
(SOCC) and the Keys Communication Group, Inc.
NOW, THEREFORE, and in consideration of the mutual covenants, contained
herein the parties agree as fOllows:
1. The BOCC agrees to pay up to ($55,000.00) Fifty Five thousand dollars
for 9th Annual Key West Theatre Festival covering a period from October 5-15, 2000
from tourist development tax funds (See Exhibit A). County shall fund advertising and
promotional activity at up to 10% in-county with balance out of county.
2. Scope of Services: The Keys Communication Group, Inc. agrees to
provide the County with an event as specified in the Scope of Services which is
incorporated by reference (see Exhibit B).
3. 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 SOCC. The agencies of record, Tinsley Advertising
and Stuart Newman Associates shall receive payment of work in progress upon
submission of documented invoices associated with said event.
4. Payment: Any payments directly to the Keys Communication Group, Inc.
or vendors associated with said event shall be as follows:
Payment upon presentation of an invoice shall indicate the task completed
for which payment is sought, with proper documentation attached.
Upon completion of said event, a financial statement detailing all revenue
and expenses utilizing generally accepted accounting principals shall be prepared,
notarized and submitted by Event Sponsor. Stuart Newman Associates (or alternate)
shall confirm compliance with the Scope of Services.
Monroe County's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the BOCC. Only acceptable expenses ."
listed in the Monroe County Tourist Development Council Operations Manual shall be
paid.
5. Accounting: Financial records of the Keys Communication Group, Inc.
pertaining to this project shall be kept on generally recognized accounting principles
and shall be available to the SOCC or to an authorized representative for audit.
6. Modification: No changes or modifications to this Agreement, including
but not limited to the Scope of Services, shall become effective until executed by both
parties. Line item changes to the advertising and promotion budget, shall not exceed
10% of the larger line item amount. No budget amendments are permissible once the
BOCC has approved the contract.
7. Breach and Penalties: The parties agree to full performance of the
covenants contained in this agreement, and the BOCC reserves the right at its
discretion, provided such breach is material, to terminate the services in this agreement
for any misfeasance, malfeasance, or nonperformance of the agreement terms or
negligent performance of the agreement terms by the Keys Communication Group, Inc.
8. Termination: In order for event sponsor to be re-imbursed for expenditures,
the invoices must be submitted no later than Thursday, December 14,2000.
,
9. Non Occurrence of Event: If the event does not take place for any
reason under control of Event Sponsor except for those reasons in paragraph 20, then
Event Sponsor agrees to refund to the sacc any amounts already paid to them under
this agreement, and relieve the BOCC from any further payments.
The Keys Communication Group, Inc. shall give written notice to the
Monroe County Tourist Development Council if it is found necessary to cancel an event.
The notice shall contain the following specifics: 1) reason for cancellation, 2)
documentation of the reason for cancellation and 3) person authorized to cancel
including title and stated affiliation.
10. Risk of Loss: The Keys Communication Group, Inc. agrees to relieve
Monroe County of all risks for loss or damage during the event not caused by BOCC or
its agents.
11. Indemnification and Hold Harmless: The Keys Communication Group,-
Inc. 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.
12. Insurance Requirements: Keys Communication Group, Inc., as a pre-
requisite of the Special Event governed by this agreement, shall obtain, at its own
expense, insurance as specified in this section: :
Keys Communication Group, Inc. will not be permitted to commence work
associated with the Event (including pre-staging of personnel and materiel) until
satisfactory evidence of the required insurance has been furnished to the county as
specified below. Keys Communication Group, Inc. shall maintain the required
insurance through out the entire duration of the Special Event and any extensions
specified in any attached schedules. Failure to comply with this provision shall release
County of any obligation to compensate event sponsor. Further,' any material
misstatement in the application for insurance coverage shall release County from it's
2
obligations to pay under this agreement. Keys Communication Group, Inc. shall
provide, to the County, as satisfactory evidence of the required insurance, including the
insurance policy application and either:
.. Original Certificate of Insurance
or
.. Certified copy of the actual insurance policy
An original certificate or 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. The
Insurance policy must stpte that the Monroe County SOCC is the Certificate
Holder and additional Insured. Insurance should be mailed to:
Monroe County Soard of County Commissioners
C/O Risk Management
5100 College Road
Room 203
Stock Island
Key West, FL33040
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 Keys Communication Group, Inc. 's insurance
shall not be construed as relieving Keys Communication Group, Inc. 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, except for Worker's
compensation.
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.
Keys Communication Group, Inc. 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, Keys Communication
Group, Inc. shall obtain General liability Insurance. Coverage shall be maintained
throughout the life of the contract and include, as a minimum:
.. Premises Operations
.. Products and Completed Operations
.. Blanket contractual liability
.. Personal Injury liability
.. Expanded Definition of Property Damage
.,
.J
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 that the contractor's General Liability policy..
13. Permits: The Keys Communication Group, Inc. will secure all required
permits, licenses including but not limited to occupational licenses.
14. Taxes: The sacc and TOC are exempt from Federal Excise and State
of Florida Sales Tax.
15. Finance Charges: The SOCC and TOG will not be responsible for any
finance charges.
16. Relation of saccrroc: It is the intent of the parties hereto that the Keys
Communication Group, Inc. shall be legally considered as an independent Event
Sponsor and that neither it nor its employees shall, under any circumstances, be
considered servants or agents of the SOCC and TOC and the sacc and TOC shall at
no time be legally responsible for any negligence on the part of said Event Sponsor, its
employees or agents, resulting in either bodily or personal injury or property damage to
any individual, firm, or corporation.
17. ~isclosure: The Keys Communication Group, Inc. shall be required to
list any or all potential conflicts or interest, as defined by Florida Statute 112 and ;-
Monroe County Code. The Keys Communication Group, Inc. shall disclose to the
sacc and TOC all actual or proposed conflicts of interest, financial or otherwise, direct
or indirect, involving any client's interest which may conflict with the interest of the
SOCC and TOC.
18. Assignment: The Keys Communication Group, Inc. shall not assign,
transfer, convey, sublet or otherwise dispose of this agreement, or of any or all of its
right, title or interest therein, or his or its power to execute such agreement to any
person, company or corporation without prior consent of the sacc.
4
19. Compliance with laws - Nondiscrimination: The Keys Communication
Group, Inc., shall comply with all federal, state and local laws and ordinances applicable
to the work or payment for work thereof, and shall not discriminate on the grounds of
race, color, religion, sex, age, or national origin in the performance of work under this
Agreement. This Agreement shall be subject to all federal, state, and local laws and
ordinances.
20. Force Majeure: The Keys Communication Group, Inc. shall not be liable
for delay in performance or failure to perform in whole or in part, the services due to the
occurrence of any contingency beyond its control or the control of any of its
subcontractors or suppliers, including labor dispute, strike, labor shortage, war or act of
war whether an actual declaration thereoT if made or not, insurrection, sabotage, riot or
civil commotion, act of public enemy, epidemic, quarantine restriction, accident, fire,
explosion, storm, flood, drought or other act of God, act of any governmental authority,
jurisdictional action, or insufficient supply of fuel, electricity, or materials or supplies, or
technical failure where the Keys Communication Group, Inc. has exercised reasonable
care in the prevention thereof, and any such delay or failure shall not constitute a
breach of the Agreement. Upon demand of TOC or SOCC, the Keys Communication
Group, Inc. must furnish evidence of the causes of such delay or failure. The Keys
Communication Group, Inc. shall not resume its performance hereunder unless
provided for in the Scope of Services.
21. Governing LawNenue: This Agreement shall be governed and construed
by and in accordance with the laws of the State of Florida and the County of Monroe
and Federal law. Venue for any dispute concerning this Agreement shall be in Monroe
County.
22. Security Protection: The Keys Communication Group, Inc. agrees to
provide adequate security for the event. No TOC funds will be used for this purpose.
23. Ownership: All advertising and promotion work performed under the
agreement and paid for by the SOCC and TOC shall be the property of the SOCC and
TOC, for whatever use and/or disposition the SOCC and TOC may deem appropriate.
24. Media rights: The TOC shall have the right to broadcast, rebroadcast,
use, reproduce or transmit for any purpose whatsoever, radio, television, pictures, .-
sound, film and tape motion pictures and still photographs paid by the SOCC and TOC
under this agreement.
25. Logo: All promotional literature and display advertising with the exception
of generic advertising must display the Florida Keys and Key West logo/trade mark (as
per enclosed).
26. Severability: If any provision of this Agreement shall be held by a Court
of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall
5
not be affected thereby; and each provIsion of this Agreement shall be valid and
enforceable to the fullest extent permitted by law.
27. Authority: Each of the signatories for the sponsor below certifies and
warrants that:
a) The sponsor's n.ame in the agreement is the full name as designated in its
corporate charter, and b) they are empowered to act and agreement for the sponsors
and c) this agreement has been approved by the sponsor's Board of Directors.
28. Ethics Clause: The Keys Communication Group, Inc. warrants that he/it
has not employed retained,.or otherwise had act on his/its behalf any former County
office or employee in violation of Section 2 of Ordinance No. 10-1990 or any County
officer or employee in violation Section' 3 of Ordinance NO.1 0-1990. For breach or
violation of this provision the County may, in its discretion terminate this agreement
without liability and may also, in its discretion, deduct from the agreement 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.
29. Public Entity 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 TVVO for
period of 36 months from the date of being placed on the convicted vendor list."
30. Entire Agreement: The parties agree that the Agreement above
constitutes the entire agreement between the BOCC and Keys Communication Group,
Inc. .
IN WITNESS WHEREOF, the parties hereto have executed this agreement the
day and year first above written.
(SEAL) Keys Communication Group, Inc.
Attest:
By
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairman
6
BUDGET
;' Key West Theatre Festival
October 5 - 15, 2000
Advertising
Out of County:
In-County
Public Relations
Brochures/Mailing
Production (Ads, TV commercial & Brochures)
TOTAL
7
$35,250
$ 5,000
$ 750
$ 6,000
$ 8,000
$55,000
EXHIBIT "A"
0"
EXHIBIT 3
9th Annual Key West Theatre Festival. October 5.15, 2000 - Proposed Schedule
Number of
Theatre Production Perfonnances
Waterfront Playhouse Evening I 6
Waterfront Playhouse Evening II 6
Red Barn Theatre Production 12
Tennessee Williams FAC Childrens Production 2
Other Venue Production 6
PlayreadinQs
Waterfront Playhouse #1 1
#2 1
#3 1
#4 1
#5 1 ..
Location Event Date
Waterfront Playhouse Playwrights Forum w/Christopher
Durang October 7
Square One Restaurant Opening Night Gala October 5
Rooftop Cafe Meet The Playwrights Party October 7
Kelly's Caribbean Grill Closing Night Party October 15
T~f lORIDA fYS & KfY WfST
C!OmE a:i- }IOU a'lE"' T~f[lO.~IOAKm&KElW[ST
C.OI7Z~ a~ !;IOU aTZ'
T~[ [lORIDA K[,YS & K[Y W[ST T~f[~~~~~~~K~1W[ST
ComE a:s !lOUa'"lErn T~HLQRIDAKm&KtyWtST
( om.:; a-( you a7.c;~
T~f [lQRIDA KfYS & KfY WfST T~f [lOR~AKfY~ &KfYWfST
COmE a2- you a'lE™ - COlnE a:i !;Iou a7E~ -
T~t [~32~ ~~~o~ K~!~WtST T~f [WE2~ ~~~o~ ur~WfST
T~t [lQRIDA KEYS & KEY WtST T~f [WE2~~~~~K~rWfST
(:,OInE a:i. !Iou a'lE'"
T~f [lQRIDA KfYS &KfY WfST T~t [~32~ ~~~~ K~!~WtST
LomE a2- .!:Iou a'ZE"'
T~f [WE2~ ~~~~K~rWfST T~t [~32~ ~~~l K~!~WtST
T~HlgRIDAKfYS&KfYWfST T~f [lORIDA KfYS &KfYWfSl
COInE Q:i you a7E" COn2E a2- 'au a'lE""
T~HLQRIDA KtvS & K tV WtsT !J
T4HL~;:ACK:~~[~:tsT T~[ [lQRIDA K[YS &K[Y W[.ST
r'omco"youacc' LOI7ZEa:s !IOU a'"lE"'