Item Q13
3-14-2003 11 :03AM
FROM
P_1
Board of County Commissioners
Agenda Item Summary
Meeting Date March 19, 2003
Bulk Item: Yes. No D
Division: Board of County Commissioners
Department: George R. Neugent
AGENDA nEM WORDING~
Approval of ill COI'trad: amendment to the 1'- Annual Underwater MusiC Festival.
ITEM BACKGROUND:
(Socc. ~d on~.::J A(J~ ~ Oc.-~- {b, '"Lo<Jd-
PREVIOUS RELEVAHT 80CC AClION:
CONTRACf I AGREEMEJIIT CHANGES~
The event will be canted on WNCK 98.7 Conch FM rather than W\VUS-l Radio 104.5.
STAFF RECOMMENDATIONS:
~
./"
BUDGETED: YES Er NO [J
TOTAL cosr: $ 7, 6lJV
COST TO COUNTY: $ ~7,6lfV Sour(1! af Funds: -"\0 c..
REVENUE PROOUONG: YES ~ D ANt PER MONTH: YEAR:
APPROVED BY: COUNTY AnY ~OMB/puROiASING ~ MANAGEMENT as--
APPROVAL:
Commissioner GEORGE R. NEUGENT
DISTRICT n
DOaJMfNTAnON: INQ.UOED ~ TO FOU,OW C
NOT REQUIRED C
DlSPOSITlON:
AGENDArrEM # O. I j
(
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Lower Keys Chamber Contract #_
Of Commerce Effective Date: 10/16/02
Expiration Date:
Contract Purpose/Description:
Approval of an Amendment to Agreement with Lower Keys Chamber of
Commerce to change radio coverage on Exhibit 8 of their agreement.
Contract Manager: Maxine Pacini 3523 TDC#3
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 3/19/03 Agenda Deadline: 3/5/03
CONTRACT COSTS
Total Dollar Value of Contract: $ 7,000
Budgeted? Yes[gl No 0 Account Codes:
Grant: $
County Match: $
Current Year Portion: $
115-75011-530340-T25C-022Y-530480
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ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Division Director
Changes
;f~!~ Ye~D~~0-/
~/f{? YesO No(g'" N.
. ,'-I ()3yesD NoG}/
3f..rl-u> YesD Nol2t
Date Out
Risk Management
S.Hutton
O.M.B./Purchasing
County Attorney
Comments:
OMB Form Revised 2/27/01 MCP #2
AMENDMENT TO AGREEMENT
THIS ADDENDUM to agreement is made and entered into this
day of 2003, between the County of Monroe and Lower Keys Chamber of
Commerce.
WHEREAS, there was a contract entered into on October 16, 2002, between the
parties, awarding $7,000 to Lower Keys Chamber of Commerce for the production of
the 19th Annual Underwater Music Festival; and
WHEREAS, it has become necessary to revise exhibit B of the agreement;
NOW, THEREFORE, in consideration of the mutual covenants contained herein
the parties agree to the amended agreement as follows:
1. Exhibit B of the Agreement shall read ''The event begins at 10:00 a.m.
and ends at 4:00 p.m., Saturday, July 12, 2003. Music and reef awareness messages
are played throughout the event. The event is carried on WNCK (Conch) FM.
2. The remaining provisions of the contract dated October 16, 2002, remain
in full force and effect.
IN WITNESS WHEREOF, the parties have set their hands and seal on the day and
year first above written.
(SEAL)
Attest:
Lower Keys Chamber of Commerce
By
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Mayor/Chairman
Deputy Clerk
3-14-2003 11 :04AM
FROM
P.2
FRCJ'I : Lt<<:C
.
Pt-QE tfJ.
Mar - 12 2003 04: 23PM Pi
LOWER KEYS
CHAMBER OF COMMERCE
1'tuIe: (305) 8n.2411 or (800) 872-3722
Fax: (305) 812-0752 or EmaIf: Jkr;harnber@aoI.
~ w.
P.D. Bcloc 430511
31020 Overseas Highway
MIle Malter 31
Big Pine Key, R..33043..Q511
h....~ .
DATE!
TO:
Mordt 12, 2003
fROM:
fCE;
~
Latw ~~oy u.....lIOOR Nancy HerWty. .... a call m- .. ~ of wwus..l Radio. fO
... If r ~ be GYUiIoble for lie Wedlle_y Morning....... ~ their c:onlH!OCltb~ her
........ thGt... AlIdIo staffon hod cMc;.tdec:t 10 CIIr" Und..-.oter Musk: FwstiYoI on "~othlIr
stutfoft WN(I( (t:onch) PM. WhM Heaney toW ... what hod token pkxe I ~ ~
tIuftgn tot oehle>> _ h6w 10 handle the sItuatian. SumM. advised me that an addendum to my
~troct would '""" to be appr~ ~ ..me _IOCC.
Today . .~1oMed to III Bedrer tItot I facad a (Gn" ad GAd that EMlbit ..... c:lear11 stales1hca. our
venue is WWUS-l Itodfo 104.$ (tie atIGChed). and ... process ftlICIeSICIJ')' 10 dlaIage the ...... to
WCNIC 98.7 CORdI fM. I calso ma.d ChrI,tIno W~ to .. if ..., ...... (QUId be add.ct to .
... tDC agepdo. After ChdsIIna had 0 <<JrlMo*>1bl ~ l.yado $Iuort, . WCJJ told tftor It wCIs not
"I.DrY for thk 10 00 befanr .. "iOC. ... the IOCC.
~ stnce ochertkIng i; a aiIka' part of our ...... and .. ads RUSt be pIaa!d ~oy ..
advunce. f WGUId IIIce Iv bow if It is possible for JQU to Geld this 1IeIh to the Mardi 1 ~ 80CC
~. I do naf know .... Cuunty"$ poky on od~ CIfICII .. watt to hear fran "fN reganRno
this ........
~ f6r your help.
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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 Lower Keys Chamber of Commerce. (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;
THEREFORE; in consideration of the mutual promises contained herein, the parties
agree as follows:
1. County shaff pay a sum not to exceed $7,000 (Seven Thousand Dollars) for
promotion and related expendituresth as described in the event budget, attached hereto as
Exhibit A, for production of the 19 Annual Underwater Music Festival on July 12, 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 amount stated for that item or component, without increasing the total doffar amount and
without requiring a written amendment to this agreement. The general non-affocated 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
Underwater Music Festival
1
September 30,2003, invoices must be submitted within ninety (gO) days of the conclusion of
the event.
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 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. 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.
Cultural Umbrella Funding FY 2003
Underwater Music Festival
2
10. Loao: 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.
IN WITNESS WHEREOF, each paryy has caused this Agreement to be executed by its
duly authorized representative, the I~d day of ~ .2002.
~-'-
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~~~ 18 23 ~\
o ~
~ :::
~ L. Kolhage, Clerk
Board of County Commissioners
of Monroe ounty
Mayo~ Chairman
(CORPORATE SEAL)
Lower Keys Chamber of
Commerce
::.es~~~
Secretary
~
/
By. - C
J2d I
OR
Witness
APPROVED AS TO FORM
AND LEQAL SUFFICIE
BY
Cultural Umbrella Funding FY 2003
Underwater Music Festival
3
EXHIBIT A
SUMMARY
TOURIST DEVELOPMENT COUNCll.
CULTIJRAL UMBRELLA
APPROVED
BUDGET BREAKDOWN
FISCAL YEAR 200212003
EVENT NAMEITH ANNUAL UNDERWATER MUSIC FESTIVAL
DIRECT MAIL & POSTAGE
BROCHURES. POSTERS, PROGRAMS $ 100
PUBUC RELATIONS $ 3,500
PRESS BOAT $ 1,000
MEDIA ADVERTISING $ 2.400
ADVANCE PROMOTION
*GENERAL - NON-ALLOCATED
TOTAL: $ 7,000
*GENERAL NON-ALLOCATED IS NOT TO EXCEED 15% OF THE AMOUNT AWARDED
BY THE MONROE COUNTY TOURIST DEVELOPMENT COUNCIL FOR TInS SPECIFIC EVENT.
EXHIBIT "]
TOURIST DEVELOPMENT COUNCIL
. CULTURAL UMBRELLA
SCHEDULE OF EVENTS
FISCAL YEAR 2003
NAME OF EVENT:
19th Annual Underwater Music Festival
Please list all scheduled activities in date and time order (if pre-promotion is to be considered indicate the dates of
the next season):
The event begins at 10:00 am and ends at 4:00 pm, Saturday, July 12, 2003.
Music and reef awareness messages are played throughout the event.
The event is carried on WWUS-1 104.1 FM Radio.
At 2:00 pm the Lower Keys Chamber of Commerce hosts
a Conch Chowder Cook-off & 'Seafood Festival in
conjunction with the Underwater Music Festival.
THf [LORIDA KfYS & KfY WfST
HONRO[ mUNTYTOURIST D[V[lOPHOO (QUNOl
Come as you are.
THf [LORIDA KfYS & KfY WfST
HONRO[ mUNTYTOURIST DmLOPHOO (QUNCIL
Come as you are"
THf nORIDA KfYS & KfY WfSr
HONRO[ (QUHlYTOURIST D[V[I.QPHOO (QUNOL
Come as you are.
THf nORIDA KfYS & KfY WfST
HOHRO[ mUNlYTOURIST DmLOPHOO (QUNOL
Come as you are.
THf nORIDA KHS & KfY WfST
HONRO[ mUNTY TOURIST omLOPHOO (QUNOl
Come as you are.
THf nORIDA KfYS & KH WfSr
HONRO[ (QUNlYTOUIlIST D[V[I.QPHOO (QUNCIL
Come as you are.
THf [lORIDA KfYS & KfY WJST THf [LORIDA KfYS & KfY WfST THf [LORIDA KfYS & KfY WfST
HONRO[ COUNTY TOURIST D[V[J.OPHOO COUNOL HONRO[ COUNTY TOURIST D[V[J.OPHOO COUNOL HONRO[ COUNTY TOURIST DmLOPHOO COUNOL
Come as you arellD Come as you arellD Come as you arc-
THf [LORIDA KfYS &-KfY WfST THf [lORIDA KHS & KfY WfST THf [LORIDA KfYS & KfY WfST
HONRO[ COUNTY TOURIST D[V[lOPHOO COUNOL HONRO[ COUNTY TOURIST D[V[lOPHOO COUNOL HONRO[ COUNTY TOURIST D[V[J.OPHOO COUNaL
Come as you arellD Come as you arellD Come as you arcllt
TH[ [LORIOA K[YS & K[Y W[ST TH[ [LORIDA K[YS & K[Y W[ST TH[ [LORIDA K[YS & K[Y WJS'
MONRO[ COUtITffOURIST O[V[lOPM[NT COUNCIL - MONRO[ COUNTYTOURIST O[V[lOPM[NT COUNCIL MONRO{ COUNTYTOUR1ST OffiLOPMmT COUN{ll
Come as you are@ Come as you are@ Come as you are@
TH[ [LORIOA K[YS & K[Y W[ST TH[ [lORIDA KEYS & KEY W[ST TH[ [lORIDA K[YS & KEY W[S
MONRO[ COUNTY TOURIST O[V[lOPM[NT COUNCIL MONRO[ COUNTY TOURIST O[V[lOPM[NT COUNCIL MONRO[ COUNTYTOURIST OffiLOPM[NT COUNOI
Come as you are@ Come as you are@ Come as you are@
TH[ [lORIDA K[YS & K[Y WEST
MONROf COUNTY TOURIST OfVnOPMfNT COUNCIL
Come as you are@
T~[ [LORIDA KHS &KHW[ST
MONROf COUNTY TOURIST OPlnOPMfNT COUNCIL
Come as you are@
TH[ [lORIDA K[YS & K[Y WEST
MONROf COUNTY TOURIST OfVnOPMfNT COUNCIL
Come as you are@
T~[ [LOR IDA KHS &KHW[ST
MONROf COUNTY TOURIST OfVnOPMfNT COUNCIL
Come as you are@
MCTG-3125 New Logo Slick L01