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Item D6 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: JANUARY 18, 2001 Division: TDC Bulk Item: Yes XXX No Department: N/A AGENDA ITEM WORDING: Approval is requested of an Amendment to Agreement to revise dates of event for the Key West Jazz & Blues Festival. ITEM BACKGROUND: TDC approved Agreement at their meeting of September 6, 2000. PREVIOUS RELEVANT BOCC ACTION: BOCC approved original Agreement at their meeting of October 19, 2000. BOCC approved FY 2001 budget at their meeting of September 21,2000. STAFF RECOMMENDATION: Approval TOTAL COST: $16,682.00 BUDGETED: YES COST TO COUNTY: $16,6821TOURIST PAY ~." ~(, APPROVED BY: County Attorney ~ OMB/Purchasing~ Risk Management'X DIVISION APPROVAL: ~./ ~ Lynda M. Stuart (Type/print name) DOCUMENTATION: Included: X To Follow: _Not Required _ Agenda Item #~'D" DEe 1 'I- ZOOU MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Bahama Village Business Association Effective Date: 1/18/2001 Contract Purpose/Description: Amendment to Funding Agreement with Bahama Village Business Association covering Key West Jazz and Blues Festival to revise dates from December 14-16. 2000 to June 7-10, 2001 in an amount not to exceed $16.682.00. FY 2001 Two Penny allocated under the Cultural Umbrella. Contract Manager: Maxine Pacini (Name) X3523 (Ext) Tourist Development Council (Department) For BOCC meeting on 1/18/2001 Agenda Deadline:1/3/2001 Contract Costs Total Dollar Values of Contract: $16,682.00 Budgeted? Yes 1- No Account Codes: Grant: $ County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $ (not included in dollar value above) Current Year Portion: $ 115-75011-530340- T15C-364 X-530480 115-75011-530340-T15C-364 X-53041 0 /yr. For: (e.g. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW DATE IN CHANGES NEEDED? Yes No REVIEWER DA TE OUT Division Director /00///ou v ~~ IGJ./ fi /~ .J..!:J .0.)<-' () ~ou ty Attorney 6 . .B./Purchasing If')..} I 1/ 00 1/'/ {{, L./ ,.:~_,~_~~CJ~:t~0 -,,'.,_ I S. Hutton _/_/ _ ~/ _ c-l/'l~b,,- 0 ~/f-~LL (Final reviewer should return cbntract to originator) ../ E:J.0 0(:' Risk Management fln3/ill /:;2... / L!iJ Crt) Comments: u,l1 (3- u, uf: crt c ;' /lCi..{ O<-c' ~'VfI~.vf- " S \.-'J'--ck!.{1 ct-~ (L/(.i.- ,) ;r'0V i -cV ~ (~411 .(:/Y1 c/ rll -c4'l h'Yl.Uc J.-y --<: c~t c---t(..te~(, AMENDMENT TO AGREEMENT THIS ADDENDUM to agreement is made and entered into this day of 2001, between the County of Monroe and Bahama Village Business Association. WHEREAS, there was a contract entered into on October 19, 2000, between the parties, awarding $16,682.00 to Bahama Village Business Association for the production of the Key West Jazz and Blues Festival; and WHEREAS, it has become necessary to revise dates of event; NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree to the amended agreement as follows: 1. Paragraph 1 of the Agreement shall read "The BOCC agrees to pay up to ($16,682.00) Sixteen Thousand, Six Hundred and Eighty Two Dollars for the production of the Key West Jazz and Blues Festival on June 7-10,2001." 2. The remaining provisions of the contract dated October 19, 2000, 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: Bahama Village Business Association By (SEAL) Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Deputy Clerk By Mayor/Chairman BAHAMA VILLAGE BUSINESS ASSOCIATION PO BOX 6611 KEY WEST FL 33040 TEL: (305) 296-0202 Ms. Maxine Pacini Administrative Assistant Monroe County Tourist Development Council Re: Key West Jazz and Blues Festival Dear Madam, I am humbly requesting a change in date for the above narned festivaL The new date selected is June ih to 10th 2001. We have carefully selected this date to correspond with the scoring on the previous approved application. The reason for the change is :- There was ajoint contract with the City of Key West, another community group and the Business Association to stage the annual Goombay Festival. This group elected to stage two other events in the same month while pretending to be a part of the Goombay committee. In addition, no infonnation from the previous years event was available to the 2000 festival committee. In order to ensure the success of the Goombay Festival all the resources of the events committee had to be focused on the event that was due first. .' We feel if we have your support in postponing this event we will be able to bring about a national event as promised. Looking forward to a positive reply. 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 Bahama Village Business. Association. (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 $16,682.00 (Sixteen Thousand, Six Hundred and Eighty Two Dollars) for promotion and related expenditures effective October 1. 2000, as described in the event budget, attached hereto as Exhibit A, for production of the Key West Jazz and Blues Festival on December 14-16,2000 with alternate dates of December 28-30, 2000. 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 BGCC. 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 alt 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 Key West Jazz and Blues Festival Cultural Umbrella Funding FY 2001 3. Event Sponsor shall reimburse BOCC for any amount of funds' expended by BOCC 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 Coml11issioners 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 BOCC and its agents and employees access to said records at reasonable times. 6. BOCC 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/herlits 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 COU NTY 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 elJtity 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. .. 2 Key West Jazz and Blues Festival Cultural Umbrella Funding FY 2001 IN WITNESS WHEREOF, each Piq t!~s caused this Agreement to be executed by 'zed representative, the lift day of Ocr' ,2000. ~ ~p 1) WITNESS: By. Key West Jazz and Blues Festival Cultural Umbrella Funding FY 2001 Board of County Commissioners of Monroe County ~~~~(<<"-~ Mayorl irman Village Business Association By 3 '-~ . . EXHIBIT A TOURI~T DEVELOPMENT COUNCIL CULTURAL UMBRELLA APPROVED BUDGET BREAKDOWN EVENT NAME: KEY WEST JAZZ AND BLUES FESTIVAL DIRECT MAIL & POSTAGE $ 450 BROCHURES, POSTERS, PROGRAMS $ 2,500 PUBLIC RELATIONS $ 1,500 PHOTO PROGRAM $ lVlEDIA ADVERTISING $ 8,000 T-SIllRTS, CAPS, JACKETS $ 3,500 *GENERAL - NON-ALLOCATED $ 732 TOTAL: $16,682 EXHIBIT B .' MONROE COUNTY TOURIST DEVELOPMENT COUNCIL CUKLTURALUMBRELLA SCHEDULE OF EVENTS FISCAL YEAR 1999/2000 NAME OF EVENT: KEY WEST JP;ZZ AND BLUES FESTIVAL Please list all schedule activities in date and time: Thursday December 14111 Local competition for the two best Jazz and Blues band. 6.00 pm Friday official welcome and art showing 11,00 am - 11.00 pm Saturday Uve band performance at the Bahama Village Market Place 6.00 pm [0