Item D3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: AUGUST 17,2005
Division:
TDC
Bulk Item: Yes ~
No
Department:
Staff Contact Person: Maxine Pacini
AGENDA ITEM WORDING:
Approval of an Amendment to Agreement with the Lower Keys Chamber of Commerce to revise the
date of the 215t Annual Underwater Music Festival which was scheduled to take place on July 9, 2005
to a new date of July 16,2005 due to Hurricane Dennis.
ITEM BACKGROUND:
Due to Hurricane Dennis the event was postponed
PREVIOUS RELEVANT BOeC ACTION:
BOCC approved original agreement at their meeting of October 20, 2004.
CONTRACT/AGREEMENT CHANGES:
Amendment to revise dates
STAFF RECOMMENDATIONS:
Approval
TOTAL COST:
$8,500
BUDGETED: Yes ~ No
COST TO COUNTY: $8,500
SOURCE OF FUNDS:
TDC
REVENUE PRODUCING: Yes X No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty ~
OMB/Purchasing ~ Risk Management ~
~-)
L.// //)'?v0~=~4;'
(Lynda Stuart)
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 2/05
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with:
Lower Keys Chamber
Of Commerce
Contract #_
Effective Date: 7/11/05
Expiration Date:
Contract Purpose/Description:
Approval of an Amendment to Agreement with Lower Keys Chamber of Commerce to
revise the date of the 21St Annual Undervvater Music Festival July 9,2005 to Julv 16,
2005 due to Hurricane Dennis,
Contract Manager: Maxine Pacini
(Name)
3523
(Ext. )
TDC # 3
(Department/Stop #)
for BOCe meeting on
8/17/05
Agenda Deadline: 8/2/05
CONTRACT COSTS
Total Dollar Value of Contract: $ 8,500
Budgeted? Yesi:?SJ No D Account Codes:
Grant: $
County Match: $
Current Year Portion: $
115-75011-530340-T55C-022-530480
- - -
--~~-
~ - - -
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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
PJ~l
Division Director 1-f1411~
Risk Management
~ ~r'h
, 10
O/.BJPu~: . mg 7-1?-O~
Changes
Needed
YesD No0
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Date Out
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YesD NoGl
County Attorney
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YesDNoD
YesD NoE]?/
S.Hutton
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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 Lower Keys Chamber of Commerce, Inc.
WHEREAS, there was an agreement entered into on October 20, 2004, between the
parties, awarding $8,500 to the Lower Keys Chamber of Commerce, rnc. for the 21st Annual
Underwater Music Festival on July 9, 2005, and
WHEREAS, it has become necessary to revise dates of event due to the fact the event
had to be postponed because of Hurricane Dennis;
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 wiIJ read as follows: County shall pay a sum not to
exceed $8,500 (Eight Thousand and Five Hundred Dollars) for promotion and related expenditures,
as described in the event budget, attached hereto as Exhibit a, for production of the 21st Annual
Underwater Music Festival on July 16, 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 utHized for unforeseen permissible
expenditures and for those budget lines that may require additional funds. Monroe County's
performance and obJigation to pay under this agreement is contingent upon an annual appropriation
by the County.
2. The remaining provisions of the contract dated October 20,2004 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.
Lower Keys Chamber of Commerce, Inc.
'.' f . il (. f
s (JVU2~of c ~ ~S (A tlCtD~
President
(SEAL)
ATTEST: DANNYl.KOLHAGE,ClERK
BOARD OF COUNTY
COMMISSIONERS OF
MONROE COUNTY, FLORIDA
Deputy Clerk
fil . HUTTON
SISTANT c.6UIHY ATTORNEY
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IOMD OF COUNTy
COlMIsIONlR8 OF
MONRoe COUNTY, FLOfIJDA
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LOWER KEYS P.O. Box 430511
31020 Overseas Highway
., Mile Marker 31
..~ CHAMBER OF COMMERCE Big Pine Kay, FL 33043-0511
Phone: (305) 872-2411 or (800) 872-3722 Fax: (305) 872-0752
Email: Ikchamber@aol.com - Website: www.lowerkeyschamber.com
Maxine Pacini
Monroe County TDe
1201 White Street, Suite 102
Key West, FL 33040
Dear Maxine:
Plea.o;c be advised that after much discussion. Bill Becker of US 1 Radio, Andy Newman,
publicist at Stuart Newman & Associates, and myself have made the decision to change
the date of the 21 Sl Annual Underwater Mu..~ic Festi val from Saturday, July 9, 2005, to
Saturday, July 16, 2005 due to the uncertainty of weather conditions that may be caused
by the impending Tropical StorrntHurricanc D~nnis. Details of the event will remain the
same, and we are confident that changing the date of the event is in the best interest of
sai'ety for those who will be involved,
Press releases to let the public know that the date has heen changed will be sent out to
media throughout the Keys and all across the state of Florida by Stuart Newman &
Associates.
We hope this letter is sufficient to comply with our responsibility to the TDe by keeping
you informed of any changes to our contract for this event. Please contact us if you need
additional infonnation.
Sincerely,
c~
Carole Stevens
Lower Keys Chamber of Commerce Manager
FUNDING A~REEMENT
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, 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 shan pay a sum not to exceed $8,500 (Eight Thousand and Five Hundred
Dollars) for promotion and related expenditures, as described in the event budget, attached hereto
as Exhibit B, for production of the 21- Annual Underwater Music Festival on July 9, 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 described 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 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, 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 wiJI Event Sponsors
vendors be paid directly for any invoices received by the County after September 30, 2005, except
that for events with promotional expenditures incurred between July 1 and September 30, 2005,
invoices must be submitted within ninety (90) days of the conclusion of the event.
Underwater Music FestivaJ
Cultural Umbrella Funding FY 2005
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 aU 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 attorneys 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 shaff 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/sherif has not employed, retained or otherwise had
act on hislherlits behalf any former County officer or employee in violation of Section 2 or
Ordinance No. 1 ()"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 contrad 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 fist 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.
10. Logo: AU promotional literature and advertising must display the "The Florida
Keys & Key West, Monroe County Tourist Development Councif, Come as You Are",
logoltrade mark adopted by the TOe and County on November, 2000 (as per attached).
Underwater Music Festival
Cultural UmbreHa Funding FY 2005
2
Radio Advertising should read "Brought to you by the Monroe County Tourist Development
Council-. No reimbursement or direct payment will be considered unless this logoltrade 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 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 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 "Additional 'nsur&<r 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 shan 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 shan 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
..
Underwater Music Festival
Cultural Umbrella Funding FY 2005
3
.
$100,000.00 Property Damage
An Occurrence Fonn policy is preferred. If coverage is provided on a Claims Made
policy, its provisions should include coverage for claims filed on or after the effective date of this
contract. In addition, the period for which claims may be reported should extend for a minimum of
twelve (12) months following the acceptance of work by the County.
Recognizing that the work governed by this contract involves the sales and/or distribution of
alcoholic beverages, the Contractor's General liability Insurance policy shall include liquor
liability with limits equal to those of the basic coverage.
A separate liquor liability policy is acceptable if the coverage is not more restridive than
the contractors General liability policy.
. .... .- IN~ITNESS WHER.EOF. each p~%has caused this ,t\~eement to be executed by its
.dlJ'y~uthpn~e(j representatIve, the W . day of Oc/ \ 2004.
- .
..
.-...:'~$L) ......
;:. \Atte$t:' Danny
\. '- ".', ,-"" . .. - ..:.. -- .'..~ ',.. -,'" ,. '... . .".
Board of County Commissioners
m~
By" . (~
ayor/Chairman
(CORPORATE SEAL)
Attest:
By. 7!1L~4rJt f/1.a7J:J
Secretary
Lower Keys Chamber of Commerce, Inc.
By ~U L
President
OR
Witness
Underwater Music Festival
Cultural Umbrella Funding FY 2005
4
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EXHIBIT A
EVENT NAME:
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
CULTURAL UMBRELlA
SCHEDULE OF EVENTS
FISCAL YEAR 2005
21- Annual Underwater Musk; F-.tlval
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.
The event takes place on Saturday, July 9, 2005
at the Looe Key Reef. Music and reef awareness
message are played from 10:00 am to 4:00 pm
on WCNK 98.7 FM Radio.
IF FUNDED, EXHIBITS A AND a WJU BECOME PART OF YOUR CONTRACT AND TRANSM'lTED TO THE
OFFICE OF THE CLERK Of THE COURT.
Monroe County Tourlsl Deve/opment CouncI Cultural UmbreIa Application
Page 5
EXHIBIT B
MONROE COUNTY TOUIST DEVELOPMENT COUNCIL
CUL TURAL UMBRELLA EVENT FUNDS
BUDGET BREAKDOWN
FISCAL YEAR 2005
EVENT NAl\mst Annual Underwater Music Festival
MEDIA ADVERTISING $ 2,600
BROCHURES, POSTERS, PROGRJ $ 100
DIRECT MAIL & POSTAGE $
PRESS BOAT $ 1,000
PUBLIC RELATIONS $ 4,800
PROMOTIONAL ITEMS $
(T-SHIRTS, CAPS, JACKETS,ETC.)
MISCELLANEOUS" $
TOTAL: $ 8,500
'"MISCELLANEOUS MAY NOT EXCEEO 15% OF THE ABOVE BUOGET
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 LINE
"SPONSORED IN PART BY THE FLORIDA KEYS AND KEY WEST, MONROE COUNTY TOURIST
DEVELOPMENT COUNCIL'
IF FUNDED, EXHIBITS A AND 8 WilL BECOME PART OF YOUR CONTRACT AND TRANSMITTED TC
OFFICE OF THE CLERK OF THE COURT.
1996 Edltloll
MONROE COUNTY, FLORIDA
Request For Waiver
of
Insurance Requirements
It is requested that the insurance requirements, as specified in the County'S Schedule of lnsurance
Requirements, be waived or modified on the following contract
Contractor: See Event Attachment
Name of Entity:
4-nACA ~
.'21st" ~uu~
Cittvtkj (~ .
U l.1J IAl'Z-. 7gb J4~A <:;. ~ ~{, 4vJ
Name of Event:
Contraet for: Services
Address of Contrador:
c/o TOe Att: Maxine
Phone: 305-296-1552
Scope ofWorll:: Advertising and Promotion
Reason for Waiver: Providing funds to promote event only.. .. Minimal eX1;losure to
county
Policies Waiver will
apply to: See Attached
Signature of Contractor:
Not Approved
Risk Management:
Date:
County Administrator Appeal:
Approved
Not Approved
Date:
Board of County Commissioners Appeal:
Approved
Not Approved
Meeting Date:
Administration Instruction
#4709.2
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MCTG-3125 New Logo Slick L01