Item D10
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: OCTOBER 15.2003
Division:
TDC
Bulk Item: Yes ~ No
Department:
AGENDA ITEM WORDING:
Approval of a Destination Event Agreement with the Upper Keys Rotary
Foundation covering Bay Jam 2004 on April 17, 2004 in an amount not to
exceed $10,000, DAC IV, FY 2004 Third Penny Event Resources.
I
ITEM BACKGROUND:
TDC approved same at their meeting of August 13, 2003.
PREVIOUS REVELANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
New Agreement
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $10.000
BUDGETED: Yes ~ No
COST TO COUNTY: $10.000
SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes X- No
AMOUNTPERMONTH_ Year
APPROVED BY, countyA~g ~ RiskManagement~
DIVISION DIRECTOR APPR. ~
(Lynda Stuart)
DOCUMENTATION:
Included X
To Follow_
Not Required_
AGENDAITEM# ~",Z)
DISPOSITION:
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Upper Keys Rotary Contract #_
Foundation Effective Date: 10/15/03
Expiration Date:
Contract Purpose/Description:
Approval of a Destination Event Aareement with the Upper Keys Rotary
Foundation coverina Bay Jam 2004 on April 17. 2004 in an amount not to
exceed $10.000. DAC IV. FY 2004 Third Penny Event Resources.
Contract Manager: Maxine Pacini 3523 TDC # 3
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 10/15/03 Agenda Deadline: 9/30/03
CONTRACT COSTS
Total Dollar Value of Contract: $ 10,000
Budgeted? Yescgj No D Account Codes:
Grant: $
County Match: $
Current Year Portion: $
120-77030-530340- T405-488X-53041O
120-77030-530340- T405-488X-530340
- - - -
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ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
- -
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CONTRACT REVIEW
Division Director 9N)
Risk Management ~ YesDNoD
O.M.B./Purchasing ~Q3 YesD No~
County Attorney ~d) YesD NoG}-
Date Out
S.Hutton
~ z..l ""7
Comments:
OMB Form Revised 2/27/01 Mep #2
Destination Events Aareement
THIS AGREEMENT is entered into this day of , 2003 by and
between BOARD OF COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA, (BOCe)
and the Upper Keys Rotary Foundation.
NOW, THEREFORE, and in consideration of the mutual covenants, contained herein
the parties agree as follows:
1. The BOCC agrees to pay up to $10,000 (Ten Thousand Dollars) for Bay Jam
2004 on April 17, 2004 from tourist development tax funds (See Exhibit A). No more than 10%
of the total advertising and promotional costs paid under this agreement shall be attributable to
in-county activity.
2. Scope of Services: Upper Keys Rotary Foundation agrees to provide the
County with an event as specified below:
a). A one day Music and Arts Festival
b). Food and Beverage provided by the Upper Keys Rotary Club
c). A variety of musical groups
d). Artists displaying their artwork
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 BOCC. The agencies of record shall receive payment of work in progress
upon submission of documented invoices associated with said event.
4. Payment: Any payments directly to Upper Keys Rotary Foundation 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. The BOCC's contracted public relations firm 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. Accountinq: Financial records of Upper Keys Rotary Foundation pertaining to
this project shall be kept on generally recognized accounting principles and shall be available
to the BOCC or to an authorized representative for audit.
Upper Keys Rotary Bay Jam
6. Modification: Line item changes to the advertising and promotion budget may
be made up to but not exceeding 10% of the larger line item amount without requiring BOee
approval of the particular change.
7. Breach and Penalties: The parties agree to full performance of the covenants
contained in this agreement, and the BOeC reserves the right at its discretion, provided such
breach is material, to terminate this agreement for any misfeasance, malfeasance, or
nonperformance of the agreement terms or negligent performance of the agreement terms by
Upper Keys Rotary Foundation
8. Termination: This Agreement will be terminated on September 30, 2004. All
invoices must be submitted prior to September 30,2004.
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 19, then Event Sponsor
agrees to refund to the BOCC any amounts already paid to them under this agreement, and
relieve the BOCe from any further payments.
Upper Keys Rotary Foundation 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. Indemnification and Hold Harmless: Upper Keys Rotary Foundation 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, except those losses or damages caused by BOCC or its agents.
11. Insurance Requirements: Upper Keys Rotary Foundation, as a pre-requisite of
the Special Event governed by this agreement, shall obtain, at its own expense, insurance as
specified in this section.
Upper Keys Rotary Foundation 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. Upper Keys Rotary
Foundation 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. Upper Keys Rotary Foundation shall provide, to the County, as
satisfactory evidence of the required insurance, either:
Upper Keys Rotary Bay Jam
2
*
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 BOCe 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 Upper Keys Rotary Foundation's insurance shall not be
construed as relieving Upper Keys Rotary Foundation 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.
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.
Upper Keys Rotary Foundation 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, Upper Keys Rotary
Foundation 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
* Personal 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.
Upper Keys Rotary Bay Jam
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.
12. Permits: Upper Keys Rotary Foundation will secure all required permits, licenses
including but not limited to occupational licenses.
13. Taxes: The SOCC and TOC are exempt from Federal Excise and State of
Florida Sales Tax.
14. Finance Charoes: The SOCC and TOC will not be responsible for any finance
charges.
15. Relation of SOCC/TOC: It is the intent of the parties hereto that Upper Keys
Rotary Foundation 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 SOCC 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.
16. Disclosure: Upper Keys Rotary Foundation shall be required to list any or all
potential conflicts or interest, as defined by Florida Statute 112 and Monroe County Code.
Upper Keys Rotary Foundation shall disclose to the SOCC 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.
17. Assionment: Upper Keys Rotary Foundation 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 SOCC.
18. Compliance with laws - Nondiscrimination: Upper Keys Rotary Foundation 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.
19. Force Maieure: Upper Keys Rotary Foundation 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 thereof if
made or not, insurrection, sabotage, riot or civil commotion, act of public
Upper Keys Rotary Bay Jam
4
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 Upper Keys Rotary
Foundation 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, Upper
Keys Rotary Foundation must furnish evidence of the causes of such delay or failure. SOCC
shall not pay for any services or activities, promotional or otherwise, connected with an event
produced after the date(s) described in paragraph 1 and Scope of Services.
20. Governinq 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.
21. Security Protection: Upper Keys Rotary Foundation agrees to provide adequate
security for the event. No TOC funds will be used for this purpose.
22. Ownership: All advertising and promotion work performed under the agreement
and paid for by the SOCC and TOC shall be the property of the BOCC and TOC, for whatever
use and/or disposition the SOCC and TOC may deem appropriate.
23. Media riohts: 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.
24. Loqo: All promotional literature and display advertising with the exception of
generic advertising must display the "Florida Keys & Key West, Monroe County Tourist
Development Council Come As You Are" logo/trade mark (as per enclosed). This
logo/trade mark was adopted by the TOC and County in November 2000. No re-imbursement
will be provided to those entities utilizing the old logo/trade mark "Florida & Key West Come as
you are".
25. 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 not be
affected thereby; and each provision of this Agreement shall be valid and enforceable to the
fullest extent permitted by law.
26. Authority: Each of the signatories for the sponsor below certifies and warrants
that:
a) The sponsor's name 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.
27. Ethics Clause: Upper Keys Rotary Foundation warrants that it has not employed,
retained or other wise had act on its behalf, any former COUNTY officer or employee in
violation of Section 2 or Ordinance No. 10-1990 or any COU NTY officer or
Upper Keys Rotary Bay Jam
5
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 agreement without liability and may
also, at 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.
28. 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 TWO for period of 36 months from the date of being placed
on the convicted vendor list."
29. Entire Aareement: The parties agree that the Agreement above constitutes the
entire agreement between the BOCC and Upper Keys Rotary Foundation
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and
year first above written.
(SEAL)
Upper Keys Rotary Foundation.
By
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairman
Upper Keys Rotary Bay Jam
M,H-JHOF.: COUNTY ATTORNEY
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SUZA N A. H TTON
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6
EXHIBIT A
TOURIST DEVELOPMENT COUNCIL
BUDGET BREAKDOWN
FISCAL YEAR 2002/2003
EVENT NAME:
BAY JAM MUSIC AND ARTS FESTIVAL
DIRECT MAIL & POSTAGE $ 750
DESIGN & PRINTING $ 1,000
PUBLIC RELATIONS $
GRAPHICS
ADVERTISING $ 7,500
T-SHIRTS, CAPS, JACKETS $
*GENERAL - NON-ALLOCATED $ 750
TOTAL: $ 10,000
*GENERAL NON-ALLOCATED IS NOT TO EXCEED 15% OF THE AMOUNT.
BY THE MONROE COUNTY TOURIST DEVELOPMENT COUNCIL FOR THI~
TUf fLORIDA KfYS & KfY WfST
MONRO[ COUNTY TOURIST OmLOPM[NT COUNCIL
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MONRO[ COUNTY TOURIST VmLOPM[NT COUNCIL
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MONRO[ COUNTY TOURIST V[V[LOPH[NT COUNCIL
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MCTG-3125 New Logo Slick L01