Item D8
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: JANUARY 1 K 2006
Division:
TDC
Bulk Item: Yes -2L- No
Department
Staff Contact Person: Maxine Pacini
AGENDA ITEM WORDING:
Approval of an Amendment to Agreement with The Key Players, Inc. to revise their Exhibit A -
Schedule of Events.
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION:
BOCC approved original Agreement at their meeting of October 19,2005.
CONTRACT/AGREEMENT CHANGES:
Amendment to Contract
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $20,810
BUDGETED: Yes -L No
COST TO COUNTY: $20,810
SOURCE OF FUNDS:
TDC
REVENUE PRODUCING: Yes -1L No
A.,l\otOUNTPER MONTH_ Year
APPROVED BY: County Atty ~ OMB!Purchasing ~
Risk Management ~
DIVISION DIRECTOR APPROV
(Lynda Stuart)
DOCUMENT A TION:
Not Required_
Included X
DISPOSITION:
AGENDA ITEM #
Revised 2/05
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: The Key Players, Inc. Contract # -
Effective Date: 1/18/06
Expiration Date:
Contract Purpose/Description:
Approval of an Amendment to Agreement with The Key Players. Inc. to revise their
Exhibit A - Schedule of Events.
Contract Manager: Maxine Pacini 3523 TDC # 3
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 1/18/06 Agenda Deadline 113/06
CONTRACT COSTS
Total Donar Value of Contract: $ 20,810
Budgeted? Yes[;gJ No D Account Codes
Grant: $
County Match: $
Current Year Portion: $
115-75011-530340-T65C-446X-530410
115-75011-530340-T65C-446X-530480
- - - -
-~~~~
ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not induded in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Daj;e In/ Needed
Division Director ffflo/tJ;;YesD No[;Er
Risk Management \
t:t . ,C~
O.M.B./Purchasmg \2. -\<;, -05 YesO NoD
I J
f~!,61 (/ (' YesO Nou
Date Out
County Attorney
Comments:
ONtB Form Revised 2/27/01 Mep #2
_ ADDE;Nq.U'- TO AGRI!EMENT
. THIS ADDENDUM to ag.reement dated the-1t.day of ,]'J4L 20.is entered into
by and betWeen the Board of County Commissioners for Monroe COunty1 on behatf of the
Tourist Development Counce'. and The Key Players, Inc.
WHEREAS. there was a contract entered tnto on October , 9. 20051 between the
parties. awarding $201810 to The Key Players. Ine. covering the production of The Key
Players 2006/2006 Season betWeen October 2005 and September 2006; and
" .
WHEREAS. Exhibit A ne~ to be revised to ref1ecta Change in the Schedule of
Events due to Hurricane Wlma;
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 dated OctOber 19, 2005 shall be revised, and attaChed
hereto.
2. The remaining provisions of the contract dated October 19, 2005 remain in full
force and effect.
IN WITNESS WHEREOF, the parties have set their hands and seal on the day and
year first above wrttten.
(SEAL)
A1TEST~
Th&~:e
PresIdent
~-- ;
. ~ tI(';~
(SEAL)
ATTeST: DANNY L KOLHAGE. CleRK
BOARD OF COUNTY
COMMISSIONERS OF
MONROE COUNTY, FLORIDA
Deputy Clerk
Mayor/Chairman
EXHIBIT A
D.
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
CULTURAL UMBRELLA
SCHEDULE OF EVENTS
(REVISED 11/29/05)
FISCAL YEAR 2006
EVENT NAME:
The Key Players Season Schedule
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.
Open House Nov 2005
Winter Comedy February 2006
Spring Show March/April 2006
IF FUNDED, EXHIBITS A AND B WILL BECOME PART OF YOUR CONTRACT AND TRANSMITTED TO THE
OFFICE OF THE CLERK OF THE COURT.
December 16, 2005
To: Maxine Pacini, Monroe County Tourist Development Council
From: Monica Haskell, Cultural Umbrella Administrator
Re: 2005/06 Cultural Umbrella - Exhibit A Revision
The Key Players
The attached revision of "Exhibit A - Schedule of Events" for The Key Players is
accepted by the Cultural Umbrella. Please incorporate it into their contract.
Page 1 of 1
Paci ni-Maxi ne
From: barbi [filmbarbi@yahoo.com}
Sent: Tuesday, November 29, 2005 3:41 PM
To: Florida Keys Council of the Arts
SUbject: Re: Key Players ~ Cultural Umbrella Contract Revision
Andrea,
Attached you will find the REVISED Schedule A in our Cultural Umbrella Application, as you
requested.
Due to Hurricane Wilma, the Open House was rescheduled from October to November, 2005 and was a
success. The extensive clean-up efforts following this very active hurricane season, left the community
with little time and energy to be involved in outside events such as volunteering for Community Theater.
The lack of community volunteers, together with the continuing issues we are having booking time in
The Coral Shores Performing Arts Center, made it necessary for us to revise our schedule and create
what we thought was a reasonably workable schedule for 2006 performances. We intend to be back up
to our regular speed by 2006/2007 season.
Let me know if there is anything else you need.
Sincerely,
barbi Veitch
(305) 606-7909
Florida Keys Council of the Arts <info@keysarts.com>wrote:
To: Patrice Messina, Key Players
CC: Barbie Veitch, Tom Butler
Dear Patrice,
After comparing Exhibit A of your TDC Cultural Umbrella funding contract against the schedule changes I'm
aware of -- i.e. changed date of Open House and cancelled (or postponed?) November show (Move Over Mrs.
Marham) -- it appears after all, that in order to receive your reimbursements from the county's finance department
it will be necessary for you to submit a revised Exhibit A with a cover memo addressed to the "Cultural Umbrella
Committee" noting the changes. If you can e-mail that to me at your earliest convenience, then I will secure the
Cultural Umbrella approval, and forward it on to the TDC and BOCC to be placed on each agenda as a contract
amendment. This is the process that is necessary to incorporate the changes into your contract. If you have any
questions on this, just let me know. Thanks, Andrea
Andrea Comstock, Business Manager
Florida Keys Council of the Arts
305-295-4369
in1.9@k;:;Y$iU.J;"GQill
XahooLMp?i(:JJn.1.imitGd - ACCGSS QVGr IJIJiJljQUSQUgS,.....Iry.....i.t...frQG.,
12/1612005
FVNDING A(iREEMENT
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 Key Playerst Inc. (Hereinafter referred to as "Event Sponsor");
WHEREAS, the umbrella organization under contract to the County has recommended
to the Monroe County Tourist Development Councif (hereinafter "TDe-), 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 $20,810 (Twenty Thousand, Eight
Hundred and Ten Dollars) for promotion and related expenditures effective October 1, 2005,
as described in the event budget, attached hereto as Exhibit S, for production of The Key
Players 200512006 Season between October 2005 and September 2006. 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 fines
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 TOe 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, 2006. 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 conduded 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, 2006 aU 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, 2006.
The Key Players Season
Cultural Umbrella Funding FY 2006
1
ok
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 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 shalf maintain records pursuant to generally accepted accounting
principles for three (3) years after the event and shaH 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/she/it has not employed, retained or otherwise
had act on hislher/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. 1()"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 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 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 fist.
10. Logo: AU promotional literature and advertising must display the "The Florida
Keys & Key West, Monroe County Tourist Development Council, Come as You AreJl,
The Key Players Season
Cultural Umbrella Funding FY 2008
2
logo/trade mark adopted by the TOe and County on November, 2000 (as per attached).
Radio Advertising should read UBrought 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, shaH 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 shan 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 Insured" on aU policies.
Any deviations from these General Insurance Requirements must be requested in
writing on the County form titled URequest for Waiver of Insurance Requirements. and must be
approved by Monroe County Risk Management.
Event Sponsor shalf 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 shaU 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 Umits acceptable shall be:
'" $1,000,000.00 combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shalf be:
'" $500,000.00 per person
The Key Players Season
Cultural Umbrella Funding FY 2006
3
$1,000,000.00 per Occurrence
$100,000.00 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims
Made policy, its provisions should include coverage for claims filed on or after the effective
date of this contract. In addition, the period for which claims may be reported should extend
for a minimum of twelve (12) months following the acceptance of work by the County.
Recognizing that the work governed by this contract involves the sales and/or distribution of
alcoholic beverages, the Contractor's General Liability Insurance policy shalf include Liquor
Liability with limits equal to those of the basic coverage.
A separate Liquor Liability policy is acceptable jf the coverage is not more restrictive
than the contractor's General Liability policy.
*
..
IN WITNESS WHEREOF, each RCJrty has caused this Agreement to be executed by its
duly authorized representative, the JsYh. day of f11.-{CJr<-",;j . 2005.
)..... (J
..
H:'~l:Al). .. '; ..J
\~;A\te$t;O~"ny l. KQfhage, Clerk
~?~-A-t0
Deputy Clerk I
Board of County Commissioners
of Monroe County
LPj# >n ~~
Mayor/Chairman
(CORPORATE SEAL)
Attest:
By.
Secretary
The Key Players, Inc.
/, ."
By ~~llj/;WL7~u/t
President
OR
Witness
The Key Players Season
Cultural Umbrella Funding FY 2006
4
D.
EXHIBIT A
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
CULTURAL UMBRELLA
SCHEDULE OF EVENTS
FISCAL YEAR 2006
EVENT NAME:
The Key Plavers Season Schedule
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.
Open House October 2005
Fall Comedy November 2005
Winter Musical January 2006
Spring Show March 2006
Pre-Summer Kids Show April 2006
IF FUNDED, EXHIBITS A AND B WIll BECOME PART OF YOUR CONTRACT AND TRANSMITTED TO THE
OFFICE OF THE CLERK OF THE COURT,
Monroe County Tourist Development Council Cultural Umbrella Application
Page: 5
EXHIBIT B
MONROE COUNTY TOUIST DEVELOPMENT COUNCIL
CULTURAL UMBRELLA EVENT FUNDS
BUDGET BREAKDOWN
FISCAL YEAR 2006
EVENT NArvrEtE KEY PLAYERS 2005/06 SEASON
MEDIA ADVERTISING
$
14,810
BROCHURES, POSTERS, PROGRJ $ 3,000
DIRECT MAil & POSTAGE $
PHOTO PROGRAM $
PUBLIC RELATIONS $
PROMOTIONAL ITEMS $ 2,000
(T-SHIRTS, CAPS. JACKETS,ETC.)
MISCELLANEOUS* $ 1,000
TOTAL: $ 20,810
*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 LI
"SPONSORED IN PART BY THE FLORJDA KEYS AND KEY WEST, MONROE COUNTY TOURIST
DEVELOPMENT COUNCIL.
IF FUNDED, EXHIBfTS A AND B WILL BECOME PART OF YOUR CONTRACT AND TRANSMITTED
OFFICE OF THE CLERK OF THE COURT
TU[ [WRIDAKlli.&KfYWN
MOHRO{ (Oum T~T DOOOPHOO COUlf(1l.
Come as you uce
IHfJlORIDA Klli.&KfY WfSr
MOHR()[ mum TOURIST DOOOPHOO mUNO{
Comeuyou 4J'C.
fUr [lOR IDA Klli.&KlLWill
110HRO[ mum mUilST DOOOPHOO WUHot
Come as you uc.
fUr [WRIDA Klli.&kfY wrST
MOHROf mum TOURIST DOOOPHoo (OUlKIl
Come: 4S you uc.
fUf flORIDA Klli.&KH WfST
Hl.lHROf COUNTY TOlJRtST MmoPMOO (DUHot.
Come U you are-
rur flORIDA Klli.&KfY Will
MOHRO[ mllm TOURIST DOOOPHOO (OOHOl
Come u you uc.
rur [LORIDA KilllKry Will fUr [LORIDA Kill.WY WriT IIIULORIDA KilllmWriT
MONro[ COUHlYTOIJRfST 3OO.OPHOO COUNOl HONRO! mum TOIJRlST DrntOPHfHT COUHQL MONro! COUNlY TOURIST /){VfiOPMfHT COUNOL
Come as you .tree Come as you are. Come as you arc.
Tur [LORIDA Kfli&KrYwrST rur [LOR/DA KilllKfY WriT IllfJWRIDA KilllmWriT
MONro[ COUNTY TOURIST IlMLOPHOO COUNCIL MOHro[ COUHJY TOURIST DrntOPHfHT COIlUOL MONROf COIJH1YTOURIST DMlOPMOO mUHOl
Come as you arc" Come as you are. Come as you arc.
Il[fLORIDA KrYS & KfYWill Il[fLORIDA KfYS & KrrWill Il[fLORIDA KfYS & KrrWill
HONto[ muHIY llJUIlIST DM1DPHOO (DUNOt HONROf COfIHIY llJU/lISr DOODPHTlIT mUNOI HONROf (OfIHlYTOUllIsr DM1DPHOO mUNOL
Come .s yoU ...... Come as yoU are" Comc as yoU are"
Il[fLORIDA KfYS & KrrWill Il[fLORIDA KfYS & KrrWill Il[fWRIDA KfYS & K[Y Will
HDNROf COUHIY TOIJ~JSr DOOOPHOO COUHCIl HOHRO[ COfIHIY TOUIISr DOOOPHOO mUNOL HOHIOf (OUNTY TOfI~I\T DfVUOPHOO COUNO[
Come .s yoU arc" Come .s yoU MC" Come .S yoU arc"
lllfJLORIDA KfYS & KftWill
MONROf COUNlY TOURIST DfYUOPMfNT COUNCIL
Come as you are@
TJJfJLORIDA KfYS & KftWill
MONRO[ COUNTY TOURIST DfVUOPM[HT COUNCIL
Come as you are@
TJJfJLORIDA KfYS & KilWill
MONRO[ COUNTY TOURIS T DfVfWPMfNT COUNCIL
Come as you are@
[ljffLORIDA KEYS & KilWill
MONRO[ COUNTY TOURIST DfVHOPMfHT COUNOL
Come as you are@
MCTG~8084 Logo Slick L01
1996 Edition
MONROE COUNTY, FLORIDA
Request For Waiver
of
Insurance Requirements
It is requested that the insurance requirements, as specified in the County's Schedule ofInsurance
Requirements. be waived or modified on the following contract.
Contractor: See Event Attachment
Name of Entity:
Name of Event:
Contract for: Services
Address of Contractor:
'JHE: Kf!\.( PI../r-t E::l2-S IN L .
I
-r71r: k.~ (JUlYf;;;~~ C).0Clr-{200b
.s efl-J {)rJ
c/o TDC Att: Maxine
Phone: 305-296-1552
Scope of Work: Advertising and Promotion
Reason for Waiver: Providin
countv:
Policies Waiver will
apply to: See Attached
Signature of Contractor:
AP\01
Risk Management: .
Jb
Not Approved
~
Date:
7 - d,:YOS
County Administrator Appeal:
Approved
Date:
~ot Approved
Board of County Commissioners Appeal:
Approved
Meeting Date:
Not Approved
Administration Instruction
#4709.2