Item D2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Ju 1 y 20 1 2005 Division: TDC
Bulk Item: Yes .JL No - Department:
Staff Contact Person: Maxine Pacini
AGENDA ITEM WORDING:
Approval of an Amendment to Agreement with The Marathon Community Theatre to revise Exhibit A
- Schedule of Events.
ITEM BACKGROUND:
Due to Medical Illness an April performance had to be cancelled and substituted with other
performances.
PREVIOUS RELEVANT BOCC ACTION:
BOCC approved original Agreement at their meeting of October 20, 2004.
CONTRACT/AGREEMENT CHANGES:
Amendment to Revise Exhibit A
ST AFF RECOMMENDATIONS:
Approval
TOT AL COST: $23,349 BUDGETED: Yes -2L No -
COST TO COUNTY: $23.349 SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes-1L No AMOUNT PER MONTH - Year
-
APPROVED BY: County Atty -X- OMB/Purchasing --X- Risk Management -X-
DIVISION DIRECTORAPPROV~J!:::-%~->
(Lynda Stuart)
DOCUMENTATION: Included X Not Required_
DISPOSITION: AGENDA ITEM #
Revised 2/05
<
MON'ROE COUNTY BOARD OF COlJNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: The Marathon Community Contract#_
Theatre, Inc. Effective Date: 4/1105
Expiration Date:
Contract PurposelDescription:
Approval of an Amendment to Agreement with The Marathon Community Theatre to
revise Exhibit A - Schedule of Events.
Contract Manager: Maxine Pacini 3523 TDC # 3
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 7/20/05 Agenda Deadline 7/5/05
CONTRACT COSTS
Total Dollar Value of Contract: $ 23,349 Current Year Portion: $
Budgeted? Yes[8j NoD Account Codes 115-75011-530340-T55C-040-X-530480
Grant: $
County Match: $ - - - -
-----~~
- - - -
- ---
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
~ Needed
Division Director . YesD NoEJ 1 .
Risk Management 5d.-05 YesDNo~
O.M.B./Purchasing ~~z.1~06 YesD NoD
County Attorney Cf:/4r YesD NO~ S.Hutton
Comments:
OMB Form Revised 2/27/01 MCP #2
AMENDMENT TO AGREEMENT
THIS ADDENDUM to agreement is made and entered into this _ day of
2005, between the County of Monroe and The Marathon Community Theatre,
loe..
WHEREAS, there was a contract entered into on October 20, 2004, between the
parties, awarding $23,349 to the Marathon Community Theatre, Inc. for the production
of the Marathon Community Theatre Season 2004I2005 between October 2004 and
September 2005, and
WHEREAS, it has become necessary to revise Exhibit A of the Agreement to
substitute one set of performances for another due to cancellation;
NOW, THEREFORE, in consideration of the mutual covenants contained herein
the parties agree to the amended agreement as follows:
1. Exhibit A of the agreement shall be revised to allow for the cancellation of
"Message Therapy" and the addition of Gallager & Benvenuti History of The Florida
Keys & Cuba; Diary of Anne Frank; and Frozen.
2. The remaining provisions of the contract dated October 20, 2004, not
inconsistent herewith, 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)
ATTES~ DANNYL.KOLHAGE,CLERK BOARD OF COUNTY
COMMISSIONERS OF
MONROE COUNTY, FLORIDA
Deputy Clerk Mayor (Dixie M. Spehar)
-Jsii;f
/ DAST ~~
~UlA filE A. U ON
J^"",,,&.~.. -......,.,_+, .J____
EXHIBIT A
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
CULTURAl UMBRELLA
SCHEDULE OF EVENTS
FISCAl YEAR 2005
EVENT NAME: Marathon CommunitY Theatre 2004/2005 Season-Revised
List scheduled event activities in date order. If pre-promotion is induded,
indicate the event dates of the next season. If funded. funds will be reimbursed
only for the promotion of event activities listed here.
September 11 - 12, 2004: Auditions
October 8 - 9. 2004: One Weekend Only (musical revIew'!vaiety show)
November 11 - December 4, 2004 Proof, a drama by David Auburn
November - December: Art show TBA
Dec-.nbw 18, 2004: The Fifth Annual MeT Christmas Show
.Jantwy 6 - 23, 2005: (van MencheD's The Cemetery Club
January: M shoW TBA
February 24 - March 19, 2005: Kiss Me Kate, the musicat.
Febru.ry - M..-eh: Aorida Keys Watercolor Society annual judged art show.
March - April (specific date to be announced): MCTs First Annual Spring Variety Show
April: Art Show TOA
Canceled -April 15 - 30, 2005: Massagl!J Therapy, a drama by Joe Godfrey due to health
issues with persons cast
Scheduled - April 22 - Ganager & Benvenuti History of The Florida Keys & Cuba
Scheduled - Apri 29-30 - Diary of Anne Frank, a drama
SchedUled - May 6-7 - The Red Barn pefforms .Frozen" a drama by Bryony Lavery
May 2005 (specific dates to be aMounced): MCTs Student Drama Club's Musical or other TBA
smaIf production
July 29. 30 and Augt* 5, 6 2005: The Vagina Monologues. a comedy by Eve EnsJer
Extended Dates also includes Augutt 12 & 13.
Septembef 2005; Auditions
Pre-promoIIoft August Ihrough September 2005: The next season bnxhure wiJI be designed,
pOnted. mailed and distributed by the end of September 2005. Other pre-promotion incJudes
pI'1OtOgtaphy slides. The next MeT season wit begin in October 2005 and run through August
2006.
Note: Additional programming may be added/deleted and dates above may
change or more dates added during the season
C"::'<, 1100 Simonton Street, Key West, FL 33040
~~}
305/295/4369 info@keysarts.com www.keysarts.com
/.Am
'ffii (F' ~'"' <? "Ii' u: ~
~ ~PR 2 5 200'5
April 21, 2005
-
To: Maxine Pacini, Monroe COlUlty Tourist Development COlUlcil
From: Monica Haskell, Cultural Umbrella AdministratoflllJL-.
Re: Marathon Community Theatre - Requested Change to Contract
The attached request by Marathon Community Theatre to change their
2004/05 schedule of performances by substituting one set of performances
for another that had to be cancelled, is accepted by the Cultural Umbrella.
Please process an amendment to incorporate this information into
Marathon Community Theatre's contract.
the Mts all the keys .11! tl1<' time' hear '1..'.Jd visual performing literary
,.
ApI"" 08 05 01:39p l<e~s l1al"'ine Lab 305-664-0850 p.2
April 6~ 2005
Florida Keys Council of the Arts
1100 Simonton Street
Key West, FL 33040
To Whom It May Concern:
As some of you may know we have had to cancel our last production, "Massage
Tberapy"~ due to serious health issues with two of the people cast.
ItMassage Therapy" was scheduled to nm Apri115. 16. 22. 23 29 & 30. The Marathon
Cooununity lbeatre Board of Directors is excited to be able to replace it with a variety of
different options for theatre goers. I am sending a copy of our new schedule for your
approval.
Thank you for your time and effort in helping us to provide these exciting shows in the
Florida Keys! If you have any questions, please don't hesitate to contact me directly at
30S-743..Q408.
Thanl you.
7W:JL~~
Wanda Whitehouse
General Manager
/
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FUt'QIt4G AG~EeM~1fi
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 The Marathon Community Theatre, 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 $23,349 (Twenty Three Thousand, Three
Hundred and Forty Nine Dollars) for promotion and related expenditures effective Odober 1.
2004, as desaibed in the event budget, attached hereto as Exhibit B, for production of the
Marathon Community Theatre Season 200412005 between October 2004 and September
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-aflocated section of an Umbrella event budget may be utilized for unforeseen
pannissible expenditures and for those budget Jines that may require additional funds.
Monroe County's perfonnance and obligation to pay under this agreement is contingent upon
an annual appropriation by the County.
2. Event Sponsor shall provide promotion and retated services as described in the
Sponsors application for funding. Exhibit A, attached hereto. All advertising and public
retations services or supervision of advertising and public relations will be provided through
the contracted agencies of the TOC 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 advertisjng 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.
Msrathon Community Theatre
Cultutal Umbrella Funding FY 2005
1
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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 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 bodify 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 shaU 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 SCCOlB'lting
principles for three (3) years after the event and shaU permit County and its agents and
employees access to said r~ 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 tennination.
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 helshelit has not employed, retained or otherwise
had ad on hislherlits behalf any former County officer or employee in violation of Section 2 or
Ordinance No. 10-1990 or any County offtcer 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 fuJl 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.
Marathon Community 1heatre
Cultl.l8l Umbrella Funding FY 2005
2
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10. Logo: All promotional literature and advertising must display the "The Florida Keys &
Key West. Monroe County Tourist Development Council, Come as You At8". logo/trade
mark adopted by the TOe 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 logoJtrade mark
is utilized.
11. Insurance Requirements: Event Sponsor, as a pre-requisite of the Special Event
governed by this agreement. shall obtain. at its own expense, insurance as specified in this
section.
Event Sponsor will not be permitted to commence work assocjated 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 contract 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 contract or
imposed by law.
The Monroe County Board of County Commissioners, its employees and officials will
be included as It 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 shalf 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 shaH be:
Marathon Community TheatT8
Cultural Umbrella Funding FY 2005
3
,
{
* $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.
Recognizing that the work governed by this contract involves the sales and/or distribution of
alcoholic beverages, the Contractors General Liability Insurance policy shall indude Liquor
Liability with limits equal to those of the basic coverage.
A separate Liquor Liability policy is acceptable jf the coverage is not more restrictive
than the contractor's General Liability policy.
Board of County Commissioners
of Monroe County
~jl (~-
MayOt hSlrman
(CORPORATE SEAL) The Marathon Community Theatre, Inc.
Attest: By IlK ~'
By.
Secretary President
OR
Witness
a _ ..._.
Marathon Community T11eatre
CuItunJ/ UmbreNa Funding FY 2005
4
E;)(.~~\ \,;1-- ~
MARATHON COMMUNITY THEATRE
2004-2005 Season Schedule -
October I and 9 - Marathon Community Theatre presentJ On. W~l!ulfd Only: "COIlIWy NigJus (11111
BrofllhvtJy LigJus- loin us for an evening of song &: dance at our annual season--opening fundraiscr,
followed by a fabulous champagne and buffet reception. Tickets are $40. For more information please call
743...0994 or 743-0408 Marathon Community Theatre is located at MM 49,5. 5101 Overseas Highway,
Oceanside - Next to the Cinema.
Nov. 11. 12. 13. IS. 19. 20. 26. 27. 28 (matinee). Dee. 2, 3. .. - Marathon Community Theatre presents
Proof; a drama by David Aubum. Tickets are $13/adult. $7/childrcn under 18. Evening curtain is 8 p.m.
For more information please call 743..0994 or 743-0408. Marathon Community Theatre is located at MM
49.5,5101 Overseas Highway, Oceanside - Next to the Cinema.
Deeember 11, 4 p.m. - Marlltllolf COlf""UlliIy Thetrtu'$ FiftIt Anllllll4 FREE Holidtzy COlICert Il1fd
Sillg-tl~Lo"g. The Marathon Community Theatre Choms holiday concert featuring the MCT Tropical
Tappers and the MCT Dance Troupe has quickly become one of the island's favorite holiday events. It's
FREE fiunily fun for everyone and our gift to the community. For more information please call 743-0994
or 743-0408. Marathon Community Theatre is located at MM 49.5.5101 Overseas Highway, Oceanside-
Next to the Cinema.
Jaa. 6, 7, 8, 13, 14, 15, 16 (matinee). 20, 21, 22. 23 (matinee). - Marathon Community Theatre
presents T1u CDlfetery C1uJJ, a comedy by Ivan Menchell. Tickets are $13/adult. $7/children under 18.
The matinee curtain on January 16* &: 28* is 3 p.m. Evening curtain is 8 p.m. For more information please
call 743...0994 or 743-0408. Marathon Community Theatre is located at MM 49.5,5101 Overseas Highway,
Oceanside - Next to the Cinema.
Feb. 24. 15, 26, March 3,4. S. 6 (matinee), 10.11.11,13 (matinee). 17, 1819-Marathon Community
Theatre prueDU the hit musical Kiss Me Klltfl. Book, music &: lyrics by Cole Porter. Tickets are $20.
Matinee curtain on March 6 & 13 is 3 p.m. Evening curtain is 8 p.m. For more information please call 743-
0994 or 743..()408~ Marathon Community Theatre :is located at MM 49.5, 5101 Overseas Highway,
Oceanside - Next to the Cinema.
April IS, 16, 22. 23, 19 & 30 - Marathon Community Theatre presents Massagl! r/reropy, a new drama
by Joe Godfrey. Tickets are $13/adult, $7/childrcn under 18. The matinee curtain on November 2Sd! is 3
p.m. Evening curtain is 8 p.m. For more information please call 743-0994 or 743-0408. Marathon
Community Thealre is located at MM 49.5, .5101 Overseas Highway, Oceanside ~ Next to the Cinema.
.' (
,
Please also include these additions to your community or cultural calendar
September 29, 1004 . The Greater MaratboD Chamber ot Commerce will be offering a series of
Communication seminars by wen known Richard Ca.llahan These seminars will be a free benefit to
Chamber members and $20.00 to non-members. This first seminar is the Introduction to CommunicatiolC
Listening Skills and will be held at the MaratboD Community Theater on September 29* from 3pm until
5pm. Call 305-743-5417 for Reservations. Marathon Community Theatre is located at MM 49.5. 5101
Overseas Highway. Oceanside - Next to the Cinema.
December 1.1004 . The Marathon Community Theater will host its quarterly membership .meeting at 7pm.
If you are DOt a current member but are interested you are welcome to join us. We will have a social hour
after the meeting. For J:lII3re information please call 743..0994 or 743-0408. Mazathon Community Theatre
is located at MM 49.5. 5101 Overseas Highway. Oceanside _ Next to the Cinema.
February 11-12, 7:30 p.m. - Returning for its third annual Valentine.s concert, ISLAND OPERA
THEATRE is back for its Evellilfg of Uv<< 'I'hcse beautiful concerts have sold Ollt the past two years. so
make it a point for your and your loved one to attend. Songs and scenes of love from musical theatre.
cabaret. and opera will get you in the mood! Tickets are 520.00. For more information please call 7434}94
or 743..Q408. Marathon Community Theatre is located at MM 49.5.5101 Overseas Highway. Oceanside .
Next to the Cinema.
As always many thanks!
Wanda Whitehouse
MCf
GBM
,
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EXHIBIT B
MONROE COUNTY TOUIST DEVELOPMENT COUNCIL
CUL TURAL UMBRELLA EVENT FUNDS
BUDGET BREAKDOWN
FISCAL YEAR 2005
EVENT NAME: Marathon Community Theatre Season 2004/05
MEDIA ADVERTISING $ 20,984
BROCHURES, POSTERS, PROGRJ $ 840
DIRECT MAIL & POSTAGE $ 600
PHOTO PROGRAM $ 280
PUBLIC RELATIONS $ -
PROMOTIONAL ITEMS $ -
(T-SHIRTS, CAPS, JACKETS,ETC.)
MISCELLANEOUS. $ 645
TOTAL: $ 23.349
*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 PAJD 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 LINE
"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 TC
OFFICE OF THE CLERK OF THE COURT.
.
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( 1996 Editln
MONROE COUNTY, FLORIDA
Request For Waiver
of
Insurance Requirements
It is requested that the insurance requirements, as specified in the County's Schedule of Insurance
R.equirements. be waived or modified on the following contract
Contractor: See Event Attachment
N lme of Entity: M~ (dM~ ~cl~
N lme of Event: J^1t1/tliit VV\ ~a:tv<- 5e~ ~
Contract for: Services
Address of Contractor: CIO TDC Art: Maxine
Phone: 30S~296~1552
Scope of Work: Advertising and Promotion
Reason for Waiver: Providing funds to promote event onlV.. .. Minimal exposure to
countt
PoUeles Waiver will
apply to: See Attached
Signature of Contractor: ~ -
Approv~ -= ..~ Not App......
Risk Management: ~ ~
Date: &~9'/o <I \
County Administrator Appeah
Approved Not Approved
Dlte:
Board of County Commtsslooen Appeal:
Approved Not Approved
Meeting Date:
Administratfoll Instruction
1#4109.1