Item G03
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: NOVEMBER 17. 2004 Division: TDC
Bulk Item: Yes.....K.- No
Department:
AGENDA ITEM WORDING:
Approval of an Amendment to Agreement with W omenfest, Inc. to revise dates of
event.
ITEM BACKGROUND:
PREVIOUS REVELANT BOCC ACTION:
soee approved original Agreement at their meeting of November 19, 2003.
CONTRACT/AGREEMENT CHANGES:
Amendment
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $6.228
BUDGETED: Yes ---X- No
COST TO COUNTY: $6.228 SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes ~ No
AMOUNTPERMONTH_ Year
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(Lynda Stuart)
DOCUMENTATION:
Included X
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM # G\.~
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: W omenfest, Inc. Contract # -
Effective Date: 11/17/04
Expiration Date:
Contract Purpose/Description:
Approval of an Amendment to Agreement with Womenfest, Inc. to revise
dates of event.
Contract Manager: Maxine Pacini 3523 TDC # 3
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 11/17/04 Agenda Deadline: 11/2/04
CONTRACT COSTS
Total Dollar Value of Contract: $ 6,228
Budgeted? Yes~ No D Account Codes:
Grant: $
County Match: $
Current Year Portion: $
115-75360-530340- T45M-024Y-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
O.M.B./Purchasing
County Attorney
S.Hutton
Comments:
OMB Form Revised 2/27/01 MCP #2
THIS ADDENDUM to agreement is made and entered into this _ day of
2004, between the County of Monroe and Womenfest, Inc.
WHEREAS, there was an agreement entered into on November 19, 2003,
between the parties, awarding $6,228 to Womenfest, Inc. for Womenfest 2004 between
September 7-12,2004, and
WHEREAS, it has become necessary to revise dates of event due to the fact the
event had to be postponed because of Hurricane Ivan;
NOW, THEREFORE, in consideration of the mutual covenants contained herein
the parties agree to the amended agreement as follows:
1. Paragraph I of the agreement will read as follows: The BOCC agrees to
pay $6,228 (Six Thousand, Two Hundred and Twenty Eight Dollars) for Womenfest
2004 between October 8-11, 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. The remaining provisions of the contract dated November 19, 2003
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.
Womenfest, Inc.
President
(SEAL)
ATTEST: DANNYL.KOLHAGE,CLERK
BOARD OF COUNTY
COMMISSIONERS OF
MONROE COUNTY, FLORIDA
Deputy Clerk
Mayor/Chairman
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~ NNE . U
A STANT~U~ATTORNEY
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Destination Events Aareement
THIS AGREEMENT is entered into this ~ day of NIJV, 2003 by and
,
between BOARD OF COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA (BOCC),
and the Womenfest, 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 $6,228 (Six Thousand, Two Hundred and Twenty
Eight Dollars) for Womenfest 2004 between September 7-12, 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. ScoDe of Services: Womenfest, Inc. agrees to provide the
County with an event as specified below:
a). Womenfest Welcome Reception
b). Women's Art Show
c). Womenfest Film Festival
d). Funny Honey Comedy Night
e). Annual Wet T-Shirt Contest
f). Womenfest Golden Ball
g). Hot Buns Contest
h). Womenfest Tea by the Sea
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 (TOC) and BOCC. The agencies of record shall receive payment of work in progress
upon submission of documented invoices associated with said event.
4. Pavment: Any payments directly to Womenfest, 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. 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.
W omenfest 2004
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5. Accountina: Financial records of Womenfest, Inc. 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.
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 BOCC
approval of the particular change.
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 this agreement for any misfeasance, malfeasance, or
nonperformance of the agreement terms or negligent performance of the agreement terms by
Womenfest, Inc.
8. Termination: This Agreement will be terminated on December 12, 2004. All
invoices must be submitted prior to December 12, 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 BOCC from any further payments.
Womenfest, 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. Indemnification and Hold Harmless: Womenfest, 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, except those
losses or damages caused by BOCC or its agents.
11. Insurance Reauirements: Womenfest, 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.
Womenfest, Inc. 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. Womenfest, Inc. 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
W ornenfest 2004
2
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replaced. Womenfest, Inc. shall provide, to the County, as satisfactory evidence of the required
insurance, either:
· 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 SOCC 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 Womenfest, Inc. 's insurance shall not be construed as
relieving Wornenfest, 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.
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.
Womenfest, 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, Womenfest, Inc. 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
W omenfest 2004
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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
than the contractor's General Liability policy.
12. Permits: Womenfest, Inc. 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 Charaes: The SOCC and TOC will not be responsible for any finance
charges.
15. Relation of SOCCITOC: It is the intent of the parties hereto that Womenfest, 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 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: Womenfest, Inc. shall be required to list any or all potential conflicts
or interest, as defined by Florida Statute 112 and Monroe County Code. Womenfest, Inc. shall
disclose to the SDCC 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. Assianment: Womenfest, 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 SOCC.
18. Comoliance with laws - Nondiscrimination: Womenfest, 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.
19. Force Maieure: Womenfest, 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
Womenfest 2004
4
dispute, strike, labor shortage, war or act of war whether an actual declaration thereof if made
dr 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 Womenfest, 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 BOCC, Womenfest, Inc. must
furnish evidence of the causes of such delay or failure. BOCC 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. Govemina 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. Securitv Protection: Womenfest, Inc. agrees to provide adequate security for the
event. No TOC funds will be used for this purpose.
22. Ownershio: All advertising and promotion work performed under the agreement
and paid for by the BOCC and TOC shall be the property of the BOCC and TOC, for whatever
use and/or disposition the BOCC and TOC may deem appropriate.
23. Media riahts: 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 BOCC and TOC under this agreement.
24. Loao: 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 logoltrade mark "Florida & Key West Come as
you are". Radio Advertising should read "Brought to you by the Monroe County Tourist
Development Council".
25. Severabilitv: 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. Authoritv: 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.
Womenfest 2004
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27. Ethics Clause: Womenfest, Inc. 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 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 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 Womenfest, Inc.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and
year first above written.
(SEAL)
By
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',.,A.ttest. DANNY L. KOLHAGE, Clerk
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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By y~
Mayor/Chairman
6
W omenfest 2004
EXHIBIT A
SUMMARY
TOURIST DEVELOPMENT COUNCIL
BUDGET BREAKDOWN
FISCAL YEAR 2003/2004
EVENT NAME:
W omenfest 2004
DIRECT MAIL & POSTAGE
$
GRAPIDC DESIGN, PRINTING, PRODUCTION $
PUBLIC RELATIONS
$ 500
MEDIA ADVERTISING
$ 5,728
T-SHIRTS, CAPS, JACKETS
$
*GENERAL-NON-ALLOCATED
(Contingency)
$
TOTAL:
$ 6,228
*GENERAL NON-ALLOCATED IS NOT TO EXCEED 15% OF THE AMOUNT
A WARDED BY THE MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
FOR THIS SPECIFIC EVENT.
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