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Item D4 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: DECEMBER 18, 2002 Division: TDC Bulk Item: Yes ~ No Department: AGENDA ITEM WORDING: Approval of an Amendment to Agreement with Key West Symphony Orchestra, Inc. to allow for a change in schedule. ITEM BACKGROUND: As per Attached. PREVIOUS REVELANT BOCC ACTION: soce approved original Agreement at their meeting of October 16, 2002. CONTRACT/AGREEMENT CHANGES: Amendment - Change to Schedule STAFF RECOMMENDATIONS: Approval TOTAL COST: $20,924 BUDGETED: Yes -----X- No COST TO COUNTY: $20.924 /TOURIST PAY REVENUE PRODUCING: Yes X- No AMOUNT PER MONTH_ Year APPROVED BY: County Atty -----X- OMB/Purchasing ~ Risk Management X ~-,-,/7?//~~ (Lynda Stuart) DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included X To Follow_ Not Required_ AGENDAITEM#~ DISPOSITION: Revised 2/27/0 I MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Key West Symphony Contract # Orchestra, Inc. Effective Date: 10/1/02 Expiration Date: Contract Purpose/Description: Approval of an Amendment to Aareement with Key West Symphony Orchestra, Inc. to allow for a chanae in schedule. Contract Manager: Maxine Pacini 3523 TDC # 3 (N ame) (Ext.) (Department/Stop #) for BOCC meeting on 12/18/02 Agenda Deadline: 12/4/02 CONTRACT COSTS Total Dollar Value of Contract: $ 20,924 Budgeted? Yes[g/ No 0 Account Codes: Grant: $ County Match: $ Current Year Portion: $ 115-75011-530340T35C-308X530480 - - - ---- - - - ---- - - - ---- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Da~e}n yeNSOeedNeodrT]- ~~./ i r- Division Director II /!:3/v ~ L!::J ~~/ Risk Management i \- f)"O;l-. YesO Nog-- \'1) . .' {tt . O.M.B./Purchasing 1\ \I'-\\uz- YesONoQ/ ~ QD County Attomey ,I( I z. \ {.,J-. YesO No~ S.Hutton Date Out \ Comments: OMB Form Revised 2/27/01 Mep #2 AMENDMENT TO AGREEMENT THIS ADDENDUM to agreement is made and entered into this day of 2002, between the County of Monroe and Key West Symphony Orchestra, Inc. WHEREAS, there was a contract entered into on October 16, 2002, between the parties, awarding $20,924 to Key West Symphony Orchestra, Inc. for the production of the Key West Symphony Orchestra 2002-2003 Season; and WHEREAS, it has become necessary to revise the Schedule of Events (Exhibit B in original agreement); NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree to the amended agreement as follows: 1. Exhibit B of the Agreement shall read "December 5,6,7,2002: Rodgers and Hammerstein's - The Sound of Music". 2. The remaining provisions of the contract dated October 16, 2002, 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 Symphony Orchestra, Inc. By (SEAL) Attest: DANNY L. KOLHAGE, Clerk By Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairman Nov 08 02 03:45p FL Ke~s Counoil oT Arts 305-295-4372 p.2 K I.. 'I' W F S T SYMPH.;~it]NY ORe H E S .\ I{ " November 4, 2002 Sern-,,,,, Mm i" ^1r",~O. M,.;, 1l;"~IO' J... l ( (CG( D 2- ~r~ -- ~ Dear Monica, ~ ~ r; - {)(a.a.s.e- f " ,. ~.I\ '" f7'--1:./ . ex ~'V--z?~' (.Al y - IVf4J~lljJ2~~)'--- Ms. Monica Haskell Florida. Keys Council of the Arts 1100 Simonton Street Key Wt:st. FL 33040 Per our conversation last week, T am writing to provide information about a change in one concert slot of the 2002-2003 Season as it relates to our TOe grdIlL. When our application was presented in May 2002, we had planned to present the Menotti opent AmahJ und fhe Night Visit()r.\' - December 5, 6, 7, 2002. However. a better opportunity for h't"carer audience and educational impact appeared in ~ly fall. Tn response to this npponunity. we have opted to instead prcscnt Rodgers and HSmmerstein's "The Sound of Music" during those same dates. This exciting production will allow us to fully utilize our musical resources in the new 1,000 scat hall at Key West High School. The Soulld a/MII.we replaces that slot held by AmahJ and the Nighl VisitQrs and furthers our goal of maximum exposure through increascd ability to ::Iervc gre."\ter audiences. This is a tremendous opportunity! Our forthcoming contract with TDC tor the advertisemenl reimbursement gr.ml shows Amahl in our early December slot. Enclosed is a requested Amendment to thai. contract to more accurdtely reflect The Sound {?f MusiC a.c; the correct production tor this part of our music-packed scac;on. We are eXLremely grateful for all you and the me do lor the arts in our community in helping liS extend our reacll. In your capacity of Administrator of U1C Cultural Umbrella tor the IDe, r would appreciate it if you would pass this notification/request for change Llu'ough the appropriate channels. lfyou have any questions, please don't hesitate to contact me at 304-292-0756. Bcst regards, ~ Frank Wood Executive Director . . K,.'y W,.~SI ~ymphnny ()n:h,:Slra . ww....'.kl:.,.wl:st~yll1pl1()lly.cotn . ['.0. Bu.'t 774 . Kl:Y We:;t. rr. :nll/ll 1'\;1: J{)~-2'J::!-17H . Fn.': 305-292 5623 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 "CoUhty") and Key West Symphony 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 $20,924 (Twenty Thousand, Nine Hundred and Twenty Four Dollars) for promotion and related expenditures effective October 1, 2002, as described in the event budget, attached hereto as Exhibit A, for production of the Key West Symphony Orchestra 2002-2003 Season to run from December, 2002 through July, 2003. 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 amo.untstated for thaUtem. .or .component,.withouUr:lcreasing. thetotaldoUar.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 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 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, 2003. 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, 2003, 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, 2003, except that for events with promotional expenditures incurred between July 1 and Cultural Umbrella Funding FY 2003 Key West Symphony Orchestra 1 September 30, 2003, invoices must be submitted within ninety (90) days of the conclusion 0 the event. 3. Event Sponsor shall reimburse County for any amount of funds expended b~ 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 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 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. 1 0-1990 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 proYide 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. Cultural Umbrella Funding FY 2003 Key West Symphony Orchestra 2 10. LOQo: 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 TDC and County on November, 2000 (as per attached). No reimbursement or direct payment will be considered unless this logo/trade mark is utilized. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its . d:~@h~~!ze~ representative, the /6.c4 day of ~ . 2002. .' '?YJ~:j~(~ . , <..: (S5-~ :~.~ Board of County Commissioners Afte~tf. q~,QPY):.' Kolhage, Clerk of Monroe unty G<O~3" ;;;{ ,j A -~ Deputy Clerk (CORPORATE SEAL) Key West Symphony Orchestra, Inc. Attest: By. Secretary By ~r.r President OR Witness Cultural Umbrella Funding FY 2003 Key West Symphony Orchestra 3 EXHIBIT A SUMMARY TOURIST DEVELOPMENT COUNCIL CULTURAL UMBRELLA APPROVED BUDGET BREAKDOWN FISCAL YEAR 2002/2003 EVENT NAME:KEY WEST SYMPHONY OReHES1RA 2002-03 SEASON DIRECT MAIL & POSTAGE $ BROCHURES, POSTERS, PROGRAMS $ PUBLIC RELATIONS $ PHOTO PROGRAM $ 724 MEDIA ADVERTISING $ 17,200 T-SHIRTS, CAPS, JACKETS $ *GENERAL - NON-ALLOCATED $ 3,000 TOTAL: $ 20,924 *GENERAL NON-ALLOCATED IS NOT TO EXCEED 15% OF THE AMOUNT A W ARDEI BY THE MONROE COUNTY TOURIST DEVELOPMENT COUNCIL FOR THIS SPECIFIC *MAXIMUM REQUEST CAP = $25,000.00 EXHIBIT "B EXHIBIT E MUST BE APPROVED TO THE AGENCIES OF RECORD MONROE COUNTY TOURIST DEVELOPMENT COUNCIL CULTURAL UMBRELLA SCHEDULE OF EVENTS FISCAL YEAR 2002/2003 NAME OF EVENT: Key West Symphony Orchestra 2002-2003 Season December5,6,7,2002 Gian Carlo Menotti: Amahl and the Night Visitors December 13 & 14, 2002 Grant: Lament for String Orchestra Prokofiev: Piano Concerto No.3 in C Major Orlando Alonso, piano Schumann: Symphony No.2 in C Major February 7 &.8, 2003 Mozart: Symphony No. 35 in D Major Opera Arias from Mozart, Bellini, Verdi & Thomas Junko Watanabe, soprano Kim: Eternal Rock Jin Hi Kim, Korean komungo April 11 & 12, 2003 Smetana: Moldau Bruch: Scottish Fantasy, Op. 46 Pip Clark, violin Brahms: Symphony No.2 in D Major Rimsky-Korsakov: Caprjccio Espagnol June/July (4 weeks) Sol Fest 2003 - more than 100 local and visiting students study and perform concerts at various times & venues. 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