Item D06
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: DECEMBER 15.2005
Division:
TDC
Bulk. Item: Yes....x....- No
Department:
AGENDA ITEM WORDING:
Approval to rescind agreement with Key West Playwrights Company for the production
of Key West Playwrights Company between December 2004 and March 2005 in the
amount of $6,918.
ITEM BACKGROUND:
Key West Playwrights Company has advised us that they will not be conducting
the 2004/2005 season, and will not be utilizing their funds.
PREVIOUS REVELANT BOCC ACTION:
SOCC approved original agreement at their meeting of October 20,2004.
CONTRACT/AGREEMENT CHANGES:
Rescind Agreement
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $6.918
COST TO COUNTY: $6.918
BUDGETED: Yes --.L No
SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes X- No
AMOUNTPERMONTH_ Year
APPROVED BY: CountyAtty ~t-X-
DIVISION DIRECTOR APPROV :
(Lynda Stuart)
DOCUMENTATION:
Included X
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM #1) - Le
Revised 2/27/01
Message
Page 1 of1
Pacini-Maxine
From: Florida Keys Council of the Arts [monica@keysarts.com]
Sent: Monday, November 15, 2004 1:17 PM
To: Maxine Pacini
Cc: Shirley Freeman
Subject: FW: Key West Playwrights 04/05 season
Dear Maxine,
This is to advise you that the KW Playwrights Company will not be using the funding they were
awarded and on behalf of the Cultural Umbrella, I approve the recission of those funds.
Sincerely,
Monica Haskell
Monica Haskell
Visit www.keysarts.com for news about
all the arts, in all the Keys, all the time!
-----Original Message-----
From: KWPlaywrights@aol.com [mailto: KWPlaywrights@aol.com]
sent: Wednesday, November 10, 2004 10:09 AM
To: monica@keysArts.com
SUbject: Key West Playwrights 04/05 season
Dear Monica:
It is with great regret that I notify you that the Key West Playwrights Company will not conduct a 2004/2005
Season. Due to the financial climate in KeyWest we have decided that the Playwrights Company will not be as
viable as predicted and feel that another non-profit arts organization will only add to the burden of the already
taxed financial support system of Key West's Foundations, Corporate and private sponsorships.
Thank you for all of your advice and support. I will notify the TDC about the funds granted and hopefully they will
be able to use them for general promotion of the Keys.
I will follow up with a formal letter, but if you need any other edification then please do not hesitate to call me at
304-9368.
Sincerely,
Mare Contrare
Executive Director Key West Playwrights Company
11115/2004
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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 Key West Playwrights Company. (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 $6,918 (Six Thousand, Nine Hundred and
Eighteen Dollars) for promotion and related expenditures effective Odober 1, 2004, as
described in the event budget. attached hereto as Exhibit B, for produdion of the Key West
Playwrights Company during December, 2004 to March 2005. 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. 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 desaibed in the
Sponsor's application for funding, Exhibit A. attached hereto. All advertising and public
relations services or supervision of advertising and public relations will be provided through
the contraded 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, 2005. 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, 2005 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, 2005.
Key West PlaywrVlts
Cu/tllfll UmbteHa Funding FY 2004
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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 ad 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 helsheflt has not employed, retained or otherwise
had act on hislherflts 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 disaetion. 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 aime 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 COI.tract 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.
10. Logo: All promotional literature and advertising must display the "The Florida Keys &
Key West, Monroe County Tourist Development Council, Come a. You At8", logoltrade
Key west Playwrirjfts
Cultl.nl Umbte.. Funding FY 2004
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mark adopted by the TDC and County on November, 2000 (as per attached). Radio
Advertising should read -Brought to you by the Monroe County Tourist Development
Council-. No reimbursement or direct payment will be considered unless this logoItrade mark
is utilized.
11. Insurance Requirements: Event Sponsor, as a pre-requisite of the Special Event
govemed by this agreement, shall obtain, at its own expense, insurance as specified in this
section.
Event Sponsor 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. Event Sponsor 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. Event Sponsor 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 contrad shall be filed with the
Clerk of the BOCC 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 Event Sponsor's insurance shall not be construed as
relieving Event Sponsor from any liability or obligation assumed under this contrad 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.
Event Sponsor 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, Event Sponsor shall obtain
General liability Insurance. Coverage shall be maintained through out the life of the contrad
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
Key West Playwrights
Cultural Umbrella Funding FY 2004
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$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.
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 restridive
than the contractor's General Liability policy.
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;_~<_..:.: '~TNESS WHER.EOF, each ~rty ~s caused this ~greement to be executed by its
~",_/ ;.., representative, the tl\ day of c;:r/ . 2004.
'. . / "\'1-'. 1'- (:,\, ....7>
',/ ',\"1.\.. .0/"" ".'J'~' ~:',
.: (~~),.), :';)! Board of County Commissioners
- ~ '.l?~ ~ Kolhage, Clerk of Monroe County
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Mayo hairman
By.
By
(CORPORATE SEAL)
Attest:
Secretary
OR
Witness
Key West Playwrights
Cultll8l Umbrella FIIIdkJg FY 2004
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EXHIBIT A
D.
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
CULTURAL UMBRELLA
SCHEDULE OF EVENTS
FISCAL YEAR 2005
EVENT NAME: The Kev West PlaYWriahts Comoanv
List scheduled event activities in date order. If pre-promotion is included. indicate the event
dates of the next season. If funded, funds will be reimbursed only for the promotion of event
activities listed here.
December 2004
New Work by one of America's foremost playwright's, such as Edward Albee
January 2005
New Work by an Award winning playwright, such as Terrence McNally
February 2005
New Work by an Award winning playwright. such as Tony Kuschner
March 3rd 2005
New Work by an Award winning playwright, such as Nilo Cruz
IF FUNDED, EXHIBITS A AND B WILL BECOME PART OF YOUR CONTRACT AND TRANSMITTED TO THE
OFFICE OF THE CLERK OF THE COURT.
Montoe O>unty Tourist Development O>uncl CuluraJ Umbrela Application
Page 5
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EXHIBIT B
MONROE COUNTY TOUIST DEVELOPMENT COUNCil
CULTURAL UMBRELLA EVENT FUNDS
BUDGET BREAKDOWN
FISCAL YEAR 2005
EVENT NAME: Key West PlaYWrights Company
MEDIA ADVERTISING $ 4,550
BROCHURES, POSTERS, PROGRJ $
DIRECT MAil & POSTAGE $ 1,318
PHOTO PROGRAM $
PUBLIC RELATIONS $
PROMOTIONAL ITEMS $
(T-SHIRTS, CAPS, JACKETS,ETC.)
MISCELLANEOUS. $ 1,050
TOTAL: $ 6,918
*MISCELLANEOUS MAY NOT EXCEED 15% OF THE ABOVE BUDGET
ACTUAL EXPENDITURES MAY DEVIATE NO MORE THAN 10% FROM THIS BUDGET.
THE MAXIMUM REQUEST IS $25,000.00.
FUNDS ARE PAID ON A REIMBURSEMENT BASIS.
ALL PRINT AND TELEVISION MATERIALS MUST DISPLAY THE CURRENT TDC LOGO
ALL BROADCAST ADVERTISING PLACED OUTSIDE MONROE COUNTY MUST INCLUDE THE U
"SPONSORED IN PART BY THE FLORIDA KEYS AND KEY WEST, MONROE COUNTY TOURIST
DEVELOPMENT COUNCIL..
IF FUNDED, EXHIBITS A AND B WILL BECOME PART OF YOUR CONTRACT AND TRANSMITTED
OFFICE OF THE CLERK OF THE COURT.
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MCTG-3125 New Logo Slick L01
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1996 Edltlo.
MONROE COUNTY, FLORIDA
Request For Waiver
01
Insurance Requirements
It is requested that the insunnce requirements. as specified in the County's Schedule ofInsurance
Requirements. be waived or modified on the following contract.
Contractor: See Event Attachment
Name of Event:
~ ~ f~w:,fiij; ~~
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Name of Entity:
Contract for: Services
Addres. of Contractor:
c/o TOe AU: Maxine
Phone: 305-296-1552
Scope of Work: Advertisin2 and Promotion
Reason for Waiver: Providin2 funds to Dromote event onlv.... Minimal exposure to
county
PoUeles Waiver wID
apply to: See Attached
~
Slpature of Contractor:
~ ~L- Not Approved
Risk Management: ~g_
Date: If f ~ /0 <{
County Administrator Appeal:
Approved
Not Approved
Date:
Board of County Com......loners Appeal:
Approved
Not Approved
Meetlnl Date:
Administration Instruction
#4709.1